HomeMy WebLinkAbout1993-07-13; City Council; 12310; APPROVE CONSULTANT AGREEMENTS FOR PROPERTY ACQUISITION FOR BATIQUITOS LAGOON ENHANCEMENT PROJECT0 z 3 8
Legal Services: $75,000.00
Appraisal Services: $22,500.00
Engineering Services: $10,000.00
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PAGE TWO OF AGENDA BILL NO. ig, 3/ 0
It should be emphasized these are estimated costs to undertake the appraii
acquisition process for the properties identified at this time. In the event of initii
the formal eminent domain process for one or more of the required parcels, ad
consultant fees will be required to conclude the legal proceedings. Staff will retu
amendments to the various consultant agreements for these additional servic
estimated costs if required.
All costs associated with the acquisition of property interests for the Batiquitos I
Enhancement Project are fully reimbursable to the City of Carlsbad by virtue
existing reimbursement agreement with the Port of Los Angeles. All City funds ex1
for staff time, consultant fees, property purchase, court costs, or any other
expenses are reimbursed to the City from the Port of Los Angeles.
EXHIBITS
1. 64 Resolution N0.93~2 approving consultant agreements for property acqi
services required for the Batiquitos Lagoon Enhancement Project.
2. Consultant agreement with Asaro and Keagy, Attorneys at Law as t
Counsel.
3. Consultant agreement with The Lee C. Johnson Company for appraisal ser
4. Amendment No. 1 to an existing consulting agreement with Right-a
Engineering, Incorporated for continuing right-of-way engineering services.
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RESOLUTION NO. 93-204
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAR
CALIFORNIA APPROVING CONSULTANT AGREEMENTS FOR PR(
ACQUISITION SERVICES FOR THE BATlQUlTOS LAGOON ENHANC
PROJECT.
WHEREAS, the City Council of the City of Carlsbad, California, has pr
entered into an agreement entitled the Memorandum of Aareement
Enhancement of Batiauitos Laaoon which identifies the City of Carlsbad as
agency for acquisition of required property and various rights-of-way
implementation of the project; and
WHEREAS, the Carlsbad City Council has previously entered into an a$
with the City of Los Angeles, acting by and through its Board of Harbor Cornmi<
regarding the aforementioned project in which the City of Carlsbad is to be rei
by the City of Los Angeles for all costs and expenses incurred by the City of
for the acquisition of said property interests; and
WHEREAS, the City of Carlsbad has identified three (3) private consult
which shall represent the City in the acquisition process; and
WHEREAS, a scope of work and consultant agreement and/or a!
amendment have been negotiated with the respective consultant firms
presented herewith for approval; and
WHEREAS, the Carlsbad City Council hereby finds it necessary, desir
in the public interest to approve these three (3) consultant agreements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
California, as follows:
1. That the above recitations are true and correct.
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2. That an agreement between the City of Carlsbad and Asaro and
Attorneys at Law, is hereby approved and the Mayor and City Clerk are authori;
directed to execute said agreement. Copies of this agreement are to be sen‘
Community Development Department and Asaro and Keagy, attention: Mr.
Freeland, 31 70 Fourth Avenue, Fourth Floor, San Diego, California, 92103.
3. That an agreement between the City of Carlsbad and The Lee C. .
Company is hereby approved and the Mayor and City Clerk are authorized and
to execute said agreement. Copies of this agreement are to be sent to the Cor
Development Department and The Lee C. Johnson Company, attention: Mr
Tagg, 8321 Lemon Avenue, La Mesa, California, 92041.
4. That Amendment No. 1 to an existing agreement between the
Carlsbad and Right-of-way Engineering Incorporated is hereby approved and th
and City Clerk are authorized and directed to execute said amendment. Copic
amendment are to be sent to the Community Development Department and
Way Engineering, Incorporated, attention: Mr. Cecil Ryals, 21 25 El Camino Rc
21 0, Oceanside, California, 92054.
5. That following the Mayor’s execution of these agreeme
amendments, the City Clerk is further authorized and directed to forward cop
three (3) agreements and amendments along with a copy of this resolution to
of Los Angeles, attention: Mr. Richard Wittkop, 425 So. Palos Verdes Street,
151 , San Pedro, California, 90733-01 51.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Carlst
Council held on the 13th day of JULY , 1993, by the fc
vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila
NOES: None
ABSENT: None
ATTEST:
a/e.!aJb \ ALETHA L. RAUTENKRANZ, City Clerib
(SEAL)
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EXHIBIT 1 1 I 0 - *I
>. r . ASARO & KEAGY
ATTORNEYS AT LAW
PRANU L ASARO FOURTH FLOOR
ROSCOE D UEAGY
RICUARD R FRLELANO
STEVEN A MCKINLEY
ARNOLD NEVES. JR TELEPHONE 16191 -7-3170 IN REPLY
GARY L SIROTA TOLfCOPlER 1619) 8-68 REFER TO
3170 FOURTH AVENUE
!%AN DILGO. CALlfORNIA 92103
June 3, 1992
Mr. John J. Cahill
Municipal Projects Manager
City of Carlsbad
2075 Las Palmas Drive
Carkbad, CA 92009-4859
Re: Batiquitos Lagoon Enhancement Project
Dear Mr. Cahill:
In response to your request for information, the law firm of Asaro & Keagy can provid
legal services to the Port of Los Angeles and the City of Carlsbad relating to the acquisition (
property, including condemnation matters, for the following rates: -
$1 50 per hour for partners
$1 15 per hour for associates
$ 55 per hour for paralegals.
These rates are substantially less than those charged to private clients; however, they ar
consistent with our firm's charges to other governmental or quasi-governmental entities. W
would also bill for actual teiephone charges and other costs. AI1 billings are made monthly fc
work performed the preceding month.
Our firm has extensive experience in condemnation and real estate matters and hav
represented or currently represent numerous condemnors, including the Cities of Chula Vistz
Coronado, Del Mar, Escondido, La Mesa, and San Marcos. Our firm has also represented tt
Calexico Redevelopment Agency, Cajon Valley Union School District, the County of San Diegc
Escondido Union School District, Fallbrook Sanitary District, Jamul-Dulzura Union School Distric
San Diego Gas & Electric Company, the San Diego Unified Port District, the Walnut Val16
Municipal Water District, and the San Diego County Water Authority.
In addition to representation of public agencies and other condemnors, we have extensh
experience in representation of property owners in condemnation proceedings. In conjunctio
with the prosecution and defense of condemnation matters, we have worked with numeroL
experts, including real estate appraisers, engineers, architects, biologists, environmentalist!
geologists, land planners, accountants, and goodwill appraisers.
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Mr. John J. Cahill
Page 2
June 3, 1992
Asaro & Keagy also has had extensive experience in providing legal services
institutional, public agency, and deveioper clients in connection with real estate matters. Asa
& Keagy is prepared to render legal services for general real estate matters at your reque
including real estate transactional matters and those which might resuit from condemnatic
activity.
Resumes of Frank L Asaro, Roscoe D. Keagy, and Richard R. Freeland, the partners tt
would be primarily involved in providing the services requested, are all attached for yo
information.
We welcome the opportunrty to provide services to the Port of Los Angeles anddhe C
of Carisbad. Please feel free to call should you require further information.
Very truly yours,
ASARO & KEAGY &4/4 Roscoe D. Keagy
RDWmad
xc Mr. Ron Ball, City Attorney
Encs.
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AGREEMENT FOR RETENTION OF SPECIAL COUNSEL
FOR RIGHT OF WAY ACQUISITION SERVICES FOR THE BATIQUITOS LAGOON ENHANCEMENT PROJECT
THIS AGREEMENT, made and entered into as of the 13thday of JULY , 1993, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "CITY" and
ASARO & KEAGY, hereinafter referred to as "CONSULTANT".
RECITALS
CITY requires the services of legal counsel to provide the legal services necessary for the
acquisition of real property rights of way from private property owners, for its Batiquitos Lagoon
project, and CONSULTANT possesses the necessary skills 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. CONSULTANT'S Obligations. CITY may consult with members of the law firm
as necessary, for preparation of documents necessary to complete right of way acquisition,
including eminent domain proceedings. CONSULTANT will represent CITY in the legal process
of obtaining possession of the rights of way. CONSULTANT will coordinate the acquisition
process with other retained CITY consultants, CITY staff, and other authorized representatives
as may be required to perform its services on behalf of CITY.
2. CITY Obliaations. CITY shall provide documents, reports, plans, and other
information as needed by CONSULTANT to complete the right of way acquisition.
3. Duration of Aareement. This Agreement shall extend for a period of eighteen (1 8)
months from date thereof. The Agreement may be extended for two (2) additional one (1) year
periods or parts thereof, based upon satisfactory performance and CITY'S needs. +
4. Pavment of Fees. CONSULTANT shall be compensated for the actual time
expended based on CONSULTANT'S fee schedule effective at the time the work was done,
provided a copy of the fee schedule had been previously forwarded to the City Manager or his
authorized representative. A copy of CONSULTANT'S current fee schedule is attached hereto
as Exhibit "A' and incorporated herein by this reference. For the purposes of this agreement,
CONSULTANT shall not exceed fees totalling $75,000.00 without prior written approval of CITY.
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5. Chanaes in Work. If, in the course of the Agreement, changes seem merited by CONSULTANT or CIW, and informal consultations with the other party indicate that a change
in the conditions of the Agreement is warranted, CONSULTANT or CITY may request a change
in the Agreement. 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 CIN according to the
procedures described in Carlsbad Municipal Code Section 3.28.1 72. Such supplemental
agreement shall not render ineffective or invalidate unaffected portions of the Agreement.
6. Covenants Aaainst Continaent Fees. CONSULTANT warrants that its firm has
not employed or retained any company or person, other than a bona fide employee working with
CONSULTANT, to solicit or secure this Agreement, and that CONSULTANT ha snot 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.
7. Non-Discrimination Clause. CONSULTANT shall comply with the State and
Federal laws regarding discrimination.
8. Termination of Aareement. In the event of CONSULTANT’S failure to prosecute
deliver, or perform the work as provided in this Agreement, CITY may terminate this Agreemen
for non-performance by notifying CONSULTANT by certified mail of CONSULTANT
CONSULTANT thereupon has five (5) working days to deliver said documents owned by CIl7
and all work in progress to the City Manager or his authorized representative. The City Manage
shall make a determination of fact based upon the documents delivered to CITY of thc
percentage of work which CONSULTANT has performed which is usable and of worth to CIT7
in having the contract completed. Based upon that finding as reported to the City Manager, thc
Manager shall determine the final payment of the Agreement.
9. Disnutes. If a dispute should arise regarding the performance of work under thi:
Agreement, the following procedure shall be used to resolve any question of fact or interpretatior
not otherwise settied by agreement between the parties. Such questions, if they becomc
identified as a part of a dispute among persons operating under the provisions of this Agreement
shall be reduced to writing by the prindpal of the CONSULTANT or the City Manager or hi
authorized representative, A copy of such documented dispute shall be forwarded to bot1
parties involved, along with recommended methods of resolution which would be of benefit tc
both parties. The City Engineer or principal receiving the letter shall reply to the letter along wit1
a recommended method of resolution within ten (10) days. If the resolution thus obtained i
unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the Cit
Council for its resolution through the office of the City Manager. The City Council may then OF
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to consider the directed solution to the problem. In such cases, the action of the City Council
shall be binding upon the parties, although nothing in this procedures shall prohibit the parties
seeking remedies available to them at law.
10. 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.
11. Status of Consultant. 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 CIW. CONSULTANTshall
be under control of the 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 Agreement 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 indemnify 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.
12. Hold Harmless Aareement. The 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 CONSULTANT’S agents,
employees, or representatives. CONSULTANT agrees to defend, indemnify, and save free and
harmless the CRY 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 CllY on account
of any of the foregoing.
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13. Assianment of Agreement. The CONSULTANT shall not assign this Agreement
or any part thereof or any monies due thereunder without the prior written consent of CITY.
14. Subcontractina. If CONSULTANT shall subcontract any of the work to be
performed under this Agreement by CONSULTANT, CONSULTANT shall be fully responsible to
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 Agreement
shall create any contractual relationship between any subcontractor of CONSULTANT and the
CITY. CONSULTANT shall bind every subcontractor and every subcontractor of a subcontractor
by the terms of this Agreement applicable to CONSULTANTS work unless specifically noted to
the contrary in the subcontract in question approved in writing by CITY.
15. Prohibited Interest. No official of the 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 Agreement 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 Agreement shall become directly or
indirectly interested personally in this Agreement or any part thereof.
16. Verbal Aareement or Conversation. No verbal agreement or conversation witt
any officer, agent, or employee of CITY, either before, during, or after the execution of thiz
Agreement, shall affect or mod@ any of the terms or obligations herein contained, nor entitlc
CONSULTANT to any additional payment whatsoever under the terms of this Agreement.
17. Successors or Asians. Subject to the provisions of Paragraph 12, "Holc
Harmless Agreement," all terms, conditions, and provisions hereof shall inure to and shall binc
each of the parties hereto, and each of their respective heirs, executors, administrators
successors and assigns.
18.
first above written.
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Effective Date. This Agreement shall be effective on and from the day and yea
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Paula C. Koseley, Notary Public
I
NAME TITLE OF OFFICER - E G , 'JANE DOE, NOTARY PUBLIC'
1 State of California
County of Sari Diego
On
personally appeared
Qr personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) idare
!
June 17 I 1973 before me,
DATE
Roscoe D Keagy
NAME(S) OF SIGNER(S)
CAPACITY CLAIMED BY
0 INDIVIDUAL(S)
CORPORATE
OFFICER(S) TITLE(
aPARTNER(S)
0 ATTORNEY -IN- FACT
0 TRUSTEE(S)
SUBSCR,BING W,TNESS
GUARDlAN,CONSERVAT
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1 9. Insurance. CONSULTANT maintains errors and omission insurance coverage
applicable to the services to be rendered under this Agreement. The policy limit of that coverage
is $1,000,000.00.
CONSULTANT:
ASARO & KEAGY
By: & A@? .?&e
CITY:
CITY OF CARLSBAD, a municipal c
ATTEST:
City Clerk J
APPROVED AS TO FORM:
RONALD . BALL, City Attorney
By: LQ*L
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AGREEMENT FOR APPRAISAL SERVICES FOR THE
BATlQ U ITOS LAGOON ENHANCEMENT PROJECT
THIS AGREEMENT, made and entered into as of the 13th day of JULY
, 1993, by and between the CITY OF CARLSBAD, a municipal corporation,
hereinafter referred to as 'ICity", and THE LEE C. JOHNSON COMPANY, hereinafter
referred to as "Consultant".
RECITALS
City requires the services of a qualified real estate appraisal consultant to provide
the necessary appraisal services for preparation of valuation estimates and related
information for City's Batiquitos Lagoon Enhancement Project, hereinafter referred to as
"Project;" and Consultant possesses the necessary skills and qualifications to provide the
services required by the City;
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Consultant agree as follows:
1. CONSULTANT'S OBLIGATIONS
Consultant shall perform real estate appraisal services for City for the followins
parcels located within the City of Carlsbad for possible acquisition by City:
APN 216-1 40-1 9 APN 21 6-1 40-1 6 APN 21 6-1 21 -01
APN 216-121-03 APN 216-121-14
Consultant may be requested to appraise additional parcels, or parts thereof, as require
by City for the purposes of proceeding with the Project. Consultant shall meet an
consult with City, City's retained Special Counsel for the Project, and any other partie!
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as may be necessary to complete Consultant’s work under this agreement. Consultai
may be requested to provide related services and assistance as may be required by tt-
City’s authorized Special Counsel for the Project.
2. CITY OBLIGATIONS
City shall designate an authorized representative to coordinate this work on beha
of City with Consultant. City shall provide copies of all relevant and existin!
documentation, reports, exhibits, photographs, studies, and related information to
Consultant to assist with this work. City shall pay Consultant in accordance with th
terms as set forth hereafter.
3. PROGRESS AND COMPLETION
The work under this contract will begin within five (5) days after receipt c
notification to proceed by the City and be completed within sixty (60) calendar days c
that date. Extensions of time may be granted if requested by the Consultant and agreec
to in writing by the City Manager or his authorized representative. The City Manager of
his authorized representative will give allowance for documented and su bstantiatec
unforeseeable and unavoidable delays not caused by a lack of foresight on the part c
the 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 o
Fees," and shall be $4,500.00 per parcel for a total of $22,500.00 for five (5) parcels. Nc
other compensation for services will be allowed except those items covered b)
supplemental agreements per Paragraph 8, "Changes in Work." Should the work under
this agreement be terminated by City prior to completion by Consultant, Consultant shall
be compensated at the rate of $1 25.00 per hour, plus major expenses incurred, for work
accomplished to date. In no case shall the fees to Consultant exceed the aforementionec
sum of $4,500.00 per parcel.
5. DURATION OF CONTRACT
This agreement shall extend for a period of two (2) years from the date
thereof. The contract may be extended for two (2) additional one (1) year periods 01
parts thereof, based upon satisfactory performance and the City's needs.
6. PAYMENT OF FEES
Consultant shall submit to City an invoice for fees as identified in Paragraph 4 o
this agreement at the time of completion and delivery to City of the final appraisal reports
City shall review and process for payment to Consultant said invoice within thirty (30
calendar days following receipt and approval.
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7. FINAL SUBMISSIONS
Within ten (1 0) days of completion of the work under this agreement, the Consultar
shall deliver to the City five (5) copies each of the completed final appraisal reports fo
each of the parcels. Consultant shall prepare additional copies of said final appraisz
reports at cost to City when requested by City.
8. CHANGES IN WORK
If, in the course of the contract, changes seem merited by the Consultant or the City
and informal consultations with the other party indicate that a change in the condition!
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 outlinins
the required changes shall be forwarded to the City by Consultant to inform them of tht
proposed changes along with a statement of estimated changes in charges or timt
schedule. A supplemental agreement shall be prepared by the City and approved by thc
City according to the procedures described in Carlsbad Municipal Code Section 3.28.1 72
Such supplemental agreement shall not render ineffective or invalidate unaffected portion:
of the agreement.
9. COVENANTS AGAINST CONTINGENT FEES
The Consultant warrants that their firm has not employed or retained any compan)
or person, other a bona fide employee working for the Consultant, to solicit or secure thi:
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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 thi:
agreement. For breach or violation of this warranty, the City shall have the right to annu
this agreement without liability, or, in its discretion, to deduct from the agreement pricc
or consideration, or otherwise recover, the full amount of such fee, commission
percentage, brokerage fees, gift, or contingent fee.
10. NONDISCRIMINATION CLAUSE
The Consultant shall comply with the state and federal laws regardins
nondiscrimination.
11. TERMINATION OF CONTRACT
In the event of the Consultant’s failure to prosecute, deliver, or perform the work a!
provided for in this contract, the City may terminate this contract for nonperformance b!
notifying the Consultant by certified mail of the termination of the Consultant. Tht
Consultant, thereupon, has five (5) working days to deliver said documents owned by tht
City and all work in progress to the Clty Manager or his authorized representative. Thc
City Manager or his authorized representative shall make a determination of fact base(
upon the documents delivered to City of the percentage of work which the Consultan
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 Manager, the Manager shall determinc
the final payment of the contract.
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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 no
otherwise settled by agreement between parties. Such questions, if they becomc
identified as a part of a dispute among persons operating under the provisions of thi:
contract, shall be reduced to writing by the principal of the Consultant or the CiQ
Manager or his authorized representative. A copy of such documented dispute shall bc
forwarded to both parties involved along with recommended methods of resolution whict
would be of benefit to both parties. The City Manager or principal receiving the lette
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 lette
outlining the dispute shall be forwarded to the City Council for their resolution through tht
Office of the City Manager. The City Council may then opt to consider the directec
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 partie!
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) day:
written notice to the other party. In the event of such suspension or termination, upor
request of the City, the Consultant shall assemble the work product and put same ir
order for proper filing and closing and deliver said product to City. In the event of
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termination, the 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. The
City shall make the final determination as to the portions of tasks completed and the
compensation to be made.
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, 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 the 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 indemnif)
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.
The Consultant shall be aware ofthe requirements of the Immigration Reform anc
Control Act of 1986 and shall comply with those requirements, including, but not limitec
to, verifying the eligibility for employment of all agents, employees, subcontractors anc
consultants that are included in this agreement.
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15. CONFORMITY TO LEGAL REQUIREMENTS
The Consultant shall cause all drawings and specifications 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 whose approval is
necessary.
The City will provide copies of the approved plans to any other agencies.
16. OWNERSHIP OF DOCUMENTS
All appraisal reports, plans, studies, sketches, drawings, technical reports, and
specifications as herein required are the property of the City, whether the work for which
they are made 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 the plans
for his/her records.
17. REPRODUCTION RIGHTS
The 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
The City, its officers, and employees shall not be liable for any claims, liabilities,
8 Rev. 6/10/92
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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 Consultant’s agents, employees, or
representatives. Consultant agrees to defend, indemnify, and save free and harmless the
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 the
City on account of any of the foregoing.
19. 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.
20. 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 act!
and omissions of Consultant’s subcontractor and of the persons either directly o
indirectly employed by the subcontractor, as Consultant is for the acts and omissions c
persons directly employed by consultant. Nothing contained in this contract shall creatc
any contractual relationship between any subcontractor of Consultant and the City. Thc
Consultant shall bind every subcontractor and every subcontractor of a subcontractor b
the terms of this contract applicable to Consultant’s work unless specifically noted to th
contrary in the subcontract in question approved in writing by the City.
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21. 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 this agreement, shall become directly or indirectly interested personally in
this contract or in any part thereof. No officer or employee of the City who is authorized
in such capacity and on behalf of the 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 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 entitle the 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.
24. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first written above
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25. CONFLICT OF INTEREST
The consultant shall not be required to file a conflict of interest statement
with the city clerk in accordance with the requirements of the City of Carlsbad conflict of
interest code.
26. INSURANCE
The Consultant shall obtain and maintain policies of general liability 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. 91-408
in an insurable amount of not less than one million dollars ($1,OOO,OOO) each, unless a
lower amount is approved by the City Attorney or the City Manager. This insurance shal
be in force during the life of this agreement and shall not be canceled without thirty (30)
days prior written notice to the City sent by certified mail.
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The City shall be named as an additional insured on these policies. The Consultant
shall furnish certificates of insurance to the City before commencement of work.
Executed by Consultant this 2-z day of .)..-- , 1923
CONSULTANT: CITY OF CARLSBAD, a municipat corporation of the State of
(name of Consuiiantj
\l K.L.5 Ft- c GL fc1/
By:
By: (0
(sign here)
ATTEST: LC PI _)L fiL5G,h
(print name here)
LL\VV- f! p- c 3L;JJb;S qdL -A- (title and organization of signatory) ALETHA L. RAUTENKRANZ
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 seal empowering that officer to ,. bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
Aettftg City Attorney
e. L
Deputy City Attorney
7/f6/9fS
12 Rev. 6/10/92
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2 3 0s 0 3 u 8 a 8 5 z 3
County of s?4l Dm
On JLN322, 1993 befbre me, LIM4KAYsIM Notary Public, personally appeared
personally known to me (or proved ta me on thzs of satisfactory evidence) to be the per name@) is/are subscribed to the within instrument and acknowledged to me that he/she/they same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the in
city r43xqer I city Qepk, city Att
TFF! P.
I) r.. . , .I
i . 'i -
AMENDMENT NO. 1 TO AGREEMENT
FOR ENGINEERING SERVICES FOR THE
BATlQUlTOS LAGOON ENHANCEMENT PROJECT
THIS AMENDMENT NO.l, made and entered in to as of the 13th day of
JULY , 1993, by and between the CITY OF CARLSBAD, a municipal corporation
hereinafter referred to as Wty," and RIGHT-OF-WAY ENGINEERING, INCORPORATED,
hereinafter referred to as "Consultant."
RECITALS
WHEREAS, the City Council of the City of Carlsbad, California, adopted Resolutior
No. 89-62 on March 7, 1989, approving a consultant agreement for right-of-way
engineering services required for City's administration of the Batiquitos Lagoon
Enhancement Project, hereinafter referred to as the "Project;" and
WHEREAS, the parties to this aforementioned agreement desire to amend the
scope of work to include supplementary right-of-way engineering work for said Projec
including, but not limited to, preparation of acquisition legal descriptions, plats and othei
mapping, exhibits, acquisition of additional title reports, and related right-of-way
engineering services; and
WHEREAS, the parties to this aforementioned agreement desire to have this
supplementary work performed on a time and materials basis based upon City's need1
for said services as required for said Project; and
s
WHEREAS, the City Council of the City of Carlsbad, California, hereby finds it
necessary, desirable, and in the public interest to proceed with this Amendment No.
for said supplementary services.
.
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NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Consultant hereby agree as follows:
I. Consultant shall provide supplementary right-of-way engineering services
for the aforementioned Project to include, but not limited to, preparation of acquisition
legal descriptions, plats, and related exhibits, field survey, office and related record
document research, consultation with City’s Special Counsel and retained appraisers,
acquisition of title reports, court testimony, and related right-of-way acquisition functions
required of City for its administration of the Project.
2. consultant shall be available to meet and consult with City and City’s
authorized representatives to assist City with all right-of-way engineering requirements for
said Project; and
3. City shall pay Consultant for work under this Amendment on a time and
materials basis, not-to-exceed a total of ten thousand dollars ($1 O,OOO.OO) based upor
Consultant’s hourly rates and costs in existence at the time of execution of this
amendment. Said rates and costs are on file with City and incorporated by referencc
herein. Consultant shall not proceed with any work under this Amendment No. 1 noi
exceed the aforementioned total cost herein without prior written authorization from Cii
Consultant shall complete all supplementary work and related right-of-wz
engineering services under this Amendment within two (2) years of the date of executic
of this Amendment No. 1.
I
4.
5. All provisions of the aforementioned agreement entered into on March
1989, by and between City and Consultant shall remain in full force and effect.
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6. This Amendment No. 1 to the aforementioned agreement by and between
City and Consultant shall be effective on and from the day first above written.
IN WITNESS WHEREOF, we have hereunto set out our hands and seals.
RIGHT-OF-WAY ENGINEERING, INCORPORATED CI
7
BY. &d6h,L--
Pre$dent /
ATTEST:
City Clerk 7/q 93 City Attorney
f
7. * 4T.C
7 I,* c
July 22, 1993
Port of Los Angeles
425 South Palos Verdes Street
P. 0. Box 151
San Pedro, CA 90733-0151
Attention: Mr. Richard Wittkop
Re: Agreements for Acquisition of Rights-of-Way - Batiquitos
Lagoon Project
The Carlsbad City Council, at its meeting of July 13, 1993, adopt( Resolution No. 93-204, approving agreements with Asaro and Keagj
The Lee C. Johnson Company, and Right-of-way Engineerinc
Incorporated, for the acquisition of real property rights-of-wi
from private property owners for the Batiquitos Lagoon project.
Enclosed please find a copy of Resolution No. 93-204 and copies ( the above-mentioned agreements.
d?yq, Assistant Ci Clerk CMC
KRK: ijp
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-28