HomeMy WebLinkAboutNorby, Peder; 2013-07-26;AMENDMENT NO. 2 TO AMEND AND EXTEND THE AGREEMENT FOR
PROJECT COORDINATOR CONSULTING SERVICES
PEDERNORBY
This Amendment No. 2 is entered into and effective as of the 3 vd_ day of ALI~~t::... , 20 15, amending and extending the agreement dated July
26, 2013 {t ~Agreement") by and between the City of Carlsbad, a municipal corporation, {"City"),
and Peder Norby, {"Contractor'') {collectively, the "Parties") for Project Coordinator Consulting
Services.
RECITALS
A. On July 26, 2013, the Parties executed an Agreement a special projects
coordinator; and
B. On July 30, 2014, the Parties executed Amendment No. 1 to amend, extend and
fund the Agreement for a period of one {1) year ending July 25, 2015; and
C. The Parties have agreed to modify the original Exhibit A scope of work to include
all work set forth in the Attached Exhibit A {Supplemental Amended Scope of Work) to this
Amendment 2.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. The Agreement, as may have been amended from time to time, is hereby extended
for a period of one {1) year, effective July 26, 2015 and ending on, July 25, 2016. Further, the
Parties agreed to modify the original Exhibit A scope of work to include all work set forth in Exhibit
A (Supplemental Amended Scope of Work), attached hereto and incorporated herein by this
reference.
2. All other provisions of the Agreement, as may have been amended from time to
time, shall remain in full force and effect.
3. All requisite insurance policies to be maintained by the Contractor pursuant to the
Agreement, as may have been amended from time to time, shall include coverage for this
Amendment.
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City Attorney Approved Version 1/30/13
4. The individuals executing this Amendment and the instruments referenced on
behalf of Contractor each represent and warrant that they have the legal power, right and actual
authority to bind Contractor to the terms and conditions hereof of this Amendment.
CONTRACTOR:
PEDERNORBY
By:
(sign here)
(print name/title)
CITY OF CARLSBAD, a municipal
corporation of the State of California
By:~
:CtlVtG!ia~r er t4aye~ ef~ster Kathryn 1:3. odson, . ·
Interim-City Martager ·
ATTEST:
City Clerk
If required by City, proper notarial acknowledgment of execution by Contractor must be attached.
If a corporation, Agreement must be signed by one corporate officer from each of the following
two groups:
Group A
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
City Attorney Approved Version 1/30/13
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EXHIBIT "A"
Supplemental Amended Scope of Work
The City agrees to engage, and Consultant agrees to perform the services described for all projects
assigned to Consultant as part of this Agreement. Consultant shall establish a work plan for these
projects, to include project timeline, implementation schedule, ideation and public outreach plan. A
written update on the implementation of the work plan needs to be submitted to the community and
economic director on a monthly basis, with quarterly updates presentation to be given to the
community and economic development director, assistant city manager, and/or city council.
Operation Barrio Strong project team member (multi-year)
• Work with team to proactively resolve code compliance violations, clean-up and enhance the
area, identify opportunities for future market-rate development, develop additional affordable
housing, encourage entrepreneurial redevelopment or revitalization in the Barrio neighborhood.
• Attend regular, informal meetings with various stakeholder/advocacy groups.
• Assist in coaching groups into a single neighborhood organization/advocacy group.
• Participate in neighborhood meetings.
• Participate in neighborhood 'walk-abouts'.
• Consult on code compliance cases as requested.
• Assist in creation of a fa~ade/yard enhancement grant program.
• Coordinate Barrio Strong efforts with the Village & Barrio Master Plan.
• Assist in analysis and solutions for neighborhood safety concerns.
• Assist in coordination of community service/activity days.
Carlsbad Village & Barrio Master Plan team member
• Work with staff to complete the adoption and implementation of the Village & Barrio Master
Plan.
• Provide coordination between the master plan and the Barrio Strong program.
Carlsbad Coastal Corridor project team member (on-going)
• Continue to participate on the project team for the Carlsbad Coastal Corridor Project.
• Provide feedback on coastal corridor projects, including beach access, Off-shore parking lot,
Tamarack intersection, Cannon-Manzano.
• Assist with public outreach efforts.
• Participate in preliminary design review.
NCTD/SANDAG Railroad Double-tracking
• Participate as a member of the Carlsbad Village Double-Tracking team.
• Review and provide input on cost and benefit information of trenching alternative.
• Review and provide input on preliminary design information.
EVSE planning for city facilities
• Develop a list of City of Carlsbad sites that are best suited for the installation of EVSE
equipment.
• Prepare CSE grant application for the City of Carlsbad.
• If the City of Carlsbad is a grant recipient, assist with the fulfillment of the grant and deployment
EVSE equipment.
• Assist with fleet vehicle purchases.
• Assist with solar PV and renewable energy deployments.
Other Tasks as Assigned
• Provide assistance to city staff in areas of expertise.
EXHIBIT 2
AGREEMENT FOR SPECIAL PROJECT COORDINATOR CONSULTING SERVICES
PEDER NORBY
THIS AGREEMENT is made and entered into as of the _ day of July,
2013, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and PEDER
NORBY, ("Contractor").
RECITALS
A. City requires the professional services of a Special Projects Coordinator that is
experienced in conducting project management, coordinator and execution for high priority
economic and revitalization projects for municipalities.
B. Contractor has the necessary experience in providing professional services and
advice related to project coordination, plan implementation, stakeholder and community
outreach and project execution.
C. Contractor has submitted a proposal to City and has affirmed its willingness and
ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein. City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in attached Exhibit "A", which is incorporated by this reference in
accordance with this Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional care and
skill customarily exercised by reputable members of Contractor's profession practicing in the
Metropolitan Southern California Area, and will use reasonable diligence and best judgment
while exercising its professional skill and expertise.
3. TERM
The term of this Agreement will be effective for a period of one (1) year from the date first above
written. The City Manager may amend the Agreement to extend it for two (2) additional one-year
periods or parts thereof in an amount not to exceed one hundred and twenty-five thousand
dollars ($125,000) per Agreement term, or as prorated for a lesser Agreement period. Extension
will be based upon a satisfactory review of Contractor's performance, City needs, and
appropriation of funds by the City Council. The parties will prepare a written amendment
indicating the effective date and length of the extended Agreement.
4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
5. COMPENSATION
The total maximum not-to-exceed fee payable for the Services to be performed during the initial
Agreement term will be one hundred and twenty-five thousand dollars ($125,000). No other
compensation for the Services will be allowed except for items covered by subsequent
amendments to this Agreement. The City reserves the right to withhold a ten percent (10%)
retention until City has accepted the work and/or Services specified in Exhibit "A".
City Attorney Approved Version 2/17/12
Incremental payments, if applicable, should be made as outlined in attached Exhibit "B".
6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent contractor and
in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be
under control of City only as to the result to be accomplished, but will consult with City as
necessary. The persons used by Contractor to provide services under this Agreement will not
be considered employees of City for any purposes.
The payment made to Contractor pursuant to the Agreement will be the full and complete
compensation to which Contractor is entitled. City will not make any federal or state tax
withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be
required to pay any workers' compensation insurance or unemployment contributions on behalf
of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within
thirty (30) days for any tax, retirement contribution, social security, overtime payment,
unemployment payment or workers' compensation payment which City may be required to
make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work
done under this Agreement. At the City's election. City may deduct the indemnification amount
from any balance owing to Contractor.
Contractor warrants that it/he/she has other clients and that the City of Carlsbad is not
its/his/hers sole client. Further, Contractor shall not direct the work of employees of the City of
Carlsbad. Contractor acknowledges and agrees that it/he/she is responsible for its own
overhead, costs, supplies, and expenses necessary in rendering the required services.
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval of City.
If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the
acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly
employed by the subcontractor, as Contractor is for the acts and omissions of persons directly
employed by Contractor. Nothing contained in this Agreement will create any contractual
relationship between any subcontractor of Contractor and City. Contractor will be responsible for
payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of
a subcontractor by the terms of this Agreement applicable to Contractor's work unless
specifically noted to the contrary in the subcontract and approved in writing by City.
8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
9. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees
and volunteers from and against all claims, damages, losses and expenses including attorney's
fees arising out of the performance of the work described herein caused by any negligence,
recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City's self-administered workers'
compensation is included as a loss, expense or cost for the purposes of this section, and that
this section will survive the expiration or early termination of this Agreement.
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10. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property which may
arise out of or in connection with performance of the services by Contractor or Contractor's
agents, representatives, employees or subcontractors. The insurance will be obtained from an
insurance carrier admitted and authorized to do business in the State of California. The
insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII". OR
with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers
(LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X".
10.1 Coverages and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk
Manager or City Manager approves a lower amount. These minimum amounts of coverage will
not constitute any limitations or cap on Contractor's indemnification obligations under this
Agreement. City, its officers, agents and employees make no representation that the limits of
the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to
protect Contractor. If Contractor believes that any required insurance coverage is inadequate,
Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense.
10.1.1 Commercial General Liability Insurance. $1,000,000 combined single-limit
per occurrence for bodily injury, personal injury and property damage. If the submitted policies
contain aggregate limits, general aggregate limits will apply separately to the work under this
Agreement or the general aggregate will be twice the required per occurrence limit.
10.1.2 Automobile Liability (if the use of an automobile is involved for
Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and
property damage.
10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation
limits as required by the California Labor Code. Workers' Compensation will not be required if
Contractor has no employees and provides, to City's satisfaction, a declaration stating this.
10.1.4 Professional Liability, Errors and omissions liability appropriate to
Contractor's profession with imit of not less than $1,000,000 per claim.
If box is checked, Professional Liability
Insurance requirement is waived.
10.2, Additional Provisions. Contractor will ensure that the policies of insurance required under
this Agreement contain, or are endorsed to contain, the following provisions:
10.2.1 The City will be named as an additional insured on Commercial General
Liability which shall provide primary coverage to the City.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional
Liability, which will be written as claims-made coverage.
10.2.3 This insurance will be in force during the life of the Agreement and any
extensions of it and will not be canceled without thirty (30) days prior written notice to City sent
by certified mail pursuant to the Notice provisions of this Agreement.
City's Initials Contractor's Initials
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10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this
Agreement, Contractor will furnish certificates of insurance and endorsements to City.
10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance
coverages, then City will have the option to declare Contractor in breach, or may purchase
replacement insurance or pay the premiums that are due on existing policies in order to
maintain the required coverages. Contractor is responsible for any payments made by City to
obtain or maintain insurance and City may collect these payments from Contractor or deduct the
amount paid from any sums due Contractor under this Agreement.
10.5 Submission of Insurance Policies. Citv reserves the right to require, at any time,
complete and certified copies of any or all required insurance policies and endorsements.
11. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of the
Agreement, as may be amended from time-to-time.
12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred under this
Agreement. All records will be clearly identifiable. Contractor will allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of records and
any other documents created pursuant to this Agreement. Contractor will allow inspection of all
work, data, documents, proceedings, and activities related to the Agreement for a period of
three (3) years from the date of final payment under this Agreement.
13. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors pursuant
to this Agreement is the property of City. In the event this Agreement is terminated, all work
product produced by Contractor or its agents, employees and subcontractors pursuant to this
Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy
of the work product for Contractor's records.
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City and
Contractor relinquishes all claims to the copyrights in favor of City.
15. NOTICES
The name of the persons who are authorized to give written notices or to receive written notice
on behalf of City and on behalf of Contractor under this Agreement.
For Citv
Name Kathy Dodson
Title Economic Development Mgr.
Department CED
For Contractor
Name
Title
Peder Norby
Address 4795 Hillside Drive
Address
City of Carlsbad
1635 Faraday Avenue
Carlsbad, OA 92008
Carlsbad, CA 92008
Phone No.
Email
760-712-2943
pedernorby@gmail.com
Phone No. 760-602-2744
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Each party will notify the other immediately of any changes of address that would require any
notice or delivery to be directed to another address.
16. CONFLICT OF INTEREST
Contractor 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. The Contractor shall report
investments or interests in all four categories.
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and
regulations which in any manner affect those employed by Contractor, or in any way affect the
performance of the Services by Contractor. Contractor will at all times observe and comply with
these laws, ordinances, and regulations and will be responsible for the compliance of
Contractor's services with all applicable laws, ordinances and regulations.
Contractor will be aware ofthe requirements ofthe Immigration Reform and Control Act of 1986
and will comply with those requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors and consultants whose services are
required by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment.
19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following procedure will
be used to resolve any questions of fact or interpretation not othen/vise settled by agreement
between the parties. Representatives of Contractor or City will reduce such questions, and their
respective views, to writing. A copy of such documented dispute will be fon/varded to both
parties involved along with recommended methods of resolution, which would be of benefit to
both parties. The representative receiving the letter will reply to the letter along with a
recommended method of resolution within ten (10) business days. If the resolution thus
obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded
to the City Manager. The City Manager will consider the facts and solutions recommended by
each party and may then opt to direct a solution to the problem. In such cases, the action of the
City Manager will be binding upon the parties involved, although nothing in this procedure will
prohibit the parties from seeking remedies available to them at law.
20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may
terminate this Agreement for nonperformance by notifying Contractor by certified mail of the
termination. If City decides to abandon or indefinitely postpone the work or services
contemplated by this Agreement, City may terminate this Agreement upon written notice to
Contractor. Upon notification of termination. Contractor has five (5) business days to deliver any
documents owned by City and all work in progress to City address contained in this Agreement.
City will make a determination of fact based upon the work product delivered to City and of the
percentage of work that Contractor has performed which is usable and of worth to City in having
the Agreement completed. Based upon that finding City will determine the final payment of the
Agreement.
City Attorney Approved Version 2/17/12
Either party upon tendering thirty (30) days written notice to the other party may terminate this
Agreement. In this event and upon request of City, Contractor will assemble the work product
and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for
work performed to the termination date; however, the total will not exceed the lump sum fee
payable under this Agreement. City will make the final determination as to the portions of tasks
completed and the compensation to be made.
21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or person, other
than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that
Contractor 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 will have the right to annul this Agreement without liability, or, in
its discretion, to deduct from the Agreement price or consideration, or othen/vise recover, the full
amount ofthe fee, commission, percentage, brokerage fees, gift, or contingent fee.
22. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must
be asserted as part of the Agreement process as set forth in this Agreement and not in
anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false
claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal
prosecution. Contractor acknowledges that California Government Code sections 12650 et seg..
the False Claims Act applies to this Agreement and, provides for civil penalties where a person
knowingly submits a false claim to a public entity. These provisions include false claims made
with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of
information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to
recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a
false claim may subject Contractor to an administrative debarment proceeding as the result of
which Contractor may be prevented to act as a Contractor on any public work or improvement
for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction
is grounds for City to terminate this Agreement.
23. JURISDICTIONS AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of enforcing a right
or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the
County of San Diego, State of California, and the parties waive all provisions of law providing for
a change of venue in these proceedings to any other county.
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and
Contractor and their respective successors. Neither this Agreement or any part of it nor any
monies due or to become due under it may be assigned by Contractor without the prior consent
of City, which shall not be unreasonably withheld.
25. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated by it,
along with the purchase order for this Agreement and its provisions, embody the entire
Agreement and understanding between the parties relating to the subject matter of it. In case of
conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor
any of its provisions may be amended, modified, waived or discharged except in a writing
signed by both parties.
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26. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority
to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR
Peder Norby
By:
(sign here)
(print name/title)
CITY OF CARLSBAD, a municipal
corporation of the State of California
By:
City Manager r 0:'<
ATTEST:
BARBARA ENGLESON
City Clerk
^^^^^^
If required by City, proper notarial acknowledgment of execution by contractor must be
attached. If a corporation. Agreement must be signed by one corporate officer from each of the
following two groups.
Group A
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
Assistant City Attorney
City Attorney Approved Version 2/17/12
State of California
Countyof ."^t^^ r^'>
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
On rTc^la l<^^ 00\^ before me, }^Mrl(xTrexj\nJ^ RftV^ AJo4tvy Po^bllc ^
' {here insert name and title of the officer)
personally appeared Ped^vT^ Mor-by
who proved to me on the basis of satisfactory evidence to be the personj;gf whose nam^ is/afe subscribed to
the within instrument and acknowledged to me that he/sho/thoy executed the same in his/lier/theii'
authorized capacity^i&sTand that by his/hor/their signatur^^efon the instrument the persor>(«ror the entity
upon behalf of which the personj^gfacted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws ofthe
State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ^y^£tl/o^ ^yUj/si^ Rju^4^
LETICIAmviNO REYES 1 COMM. #1994847 1 Notary PuMic • Califwnia I San Oiego Counhr S % Comm. Ettiw Oct. 21 j aon f
(Seal)
OPTIONAL INFORMATION
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this
acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document
The preceding Certificate of Acl<nowledgment is attaclied to a document
titled/for the purpose of
containing pages, and dated
The signer(s) capacity or authority is/are as:
O Individual(s)
[H Attorney-in-Fact
O Corporate Officer(s)
n Guardian/Conservator
O Partner - Linnited/General
O Trustee(s)
• Other:
representing:
Name(s) of Person(s) or Entity(ie5) Signer is Representing
Method of Signer Identification
Proved to me on the basis of satisfactory evidence:
I—O form(s) of identification O credible witness(es)
Notarial event is detailed in notary journal on:
Page# Entry #
Notary contact:
Other
I I Additional Signer(s) Q Signer(s) Thumbprint(5)
•
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) Copyright 2007-2012 Notary Rotary, Inc. PO Box 41400, Des Moines, IA 5031 1-0507. All Rights Reserved. Part Number 101772. Please contact your Authorized Reseller to purchase copies of this form.
EXHIBIT "A"
SCOPE OF SERVICES
The City agrees to engage, and Consultant agrees to perform the services described below for
all projects assigned to Consultant as part of this Agreement. Consultant shall establish a work
plan for these projects, to include project timeline, implementation schedule, ideation and public
outreach plan. A written update on the implementation of the work plan needs to be submitted
to the community and economic development director on a monthly basis, with quarterly
updates presentation to be given to the city manager and/or city council.
Carlsbad Boulevard Realignment
The City of Carlsbad and California State Parks are working together on a project to "reimagine"
South Carlsbad Boulevard as a scenic coastal corridor that invites people to enjoy the natural
beauty of our coastline, whether on foot, by bike or in a car. Consultant shall work with the state,
city departments, other public agencies, private businesses and the public on a land transfer to
include legislative and public outreach and the planning, design and construction coordination of
the South Carlsbad Coastal Corridor.
Connecting in Carlsbad Village and Barrio
Consultant shall coordinate the economic and infrastructure development of projects connecting
Carlsbad Village and Barrio, to include working with city and consulting teams to implement CIP
and other planned projects including:
• Pedestrian, cyclist and parking wayfinding in the Village
• Building connections between the Barrio and the Village
• Increasing safety in the Village (traffic circles, lighting, pedestrian amenities)
• Improving streetscapes in the Village and Barrio
Chestnut Avenue Rail Crossing
This important project will provide pedestrian access from the Barrio to the beach. It will
necessitate working with the North County Transit District (NCTD) on a pedestrian undercross
or over cross of the rail line at Chestnut Avenue. Consultant shall work with city departments,
outside consultants, public agencies, private businesses and the public to coordinate crossing
options and facilitate a series of community meetings to investigate preferred
alternatives. Consultant shall work with NCTD and other public agencies to determine a
timeline and available funding resources for a rail crossing.
Carlsbad Village Entry and Announcement Features
Carlsbad Village is the cultural heart of the city. At its entryways and center we want to
celebrate Village through special signage. One specific project will be a traffic circle at Carlsbad
Boulevard and Grand Avenue. Consultant shall hold educational sessions on gateway planning
with stakeholders. Consultant shall coordinate presentations to the community regarding
signage location and design preferences.
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Carlsbad Village and Barrio Economic Development
Consultant shall work with landowners, real estate representatives and businesses to attract
private investment to the Carlsbad Village and Barrio. Consultant shall detail economic
development efforts at a monthly meeting with the community and economic development
director.
Other Proiects
The consultant may be asked to work on sustainability or other projects at the City of Carlsbad
as part of this contract.
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EXHIBIT "B"
INCREMENTAL PAYMENT SCHEDULE
The Contractor shall be paid within 30 days for all undisputed work accomplished, in response
to invoice, and invoices are expected to be received monthly.
Contractor's fee shall not exceed one hundred and twenty-five thousand dollars ($125,000) per
Agreement term, inclusive of all labor, operating costs and travel expenses. City will pay the
Contractor $12,500 within 10 business days after the City has executed this Agreement. This
advance payment will be the only monies paid to Contractor until such time as Contractor has
prepared a project timeline and implementation schedule for the Services (see Exhibit A) to be
performed and has submitted said timeline and schedule to and has been approved by the
Community and Economic Development Director. Once the project timeline and implementation
schedule has been approved by the City, Contractor and Community and Economic
Development Director will develop a payment schedule based on and tied to the project timeline
and implementation schedule and Contractor will be paid for the completed and accepted work.
Thereafter, this Agreement will be amended, in writing, and the newly developed payment
schedule, together with the project timeline and implementation schedule, will be identified as
Exhibit B-1 and made part of this Agreement.
Once Exhibit B-1 has been made a part of this Agreement, Contractor shall submit monthly
updates on work plan implementation to the Community and Economic Development Director
and payment shall be made in accordance with the undisputed work completed and Exhibit B-1.
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WAIVER REQUEST FORM
FACTORS IN SUPPORT OF REQUEST TO MODIFY INSURANCE REQUIREMENT(S)
Generally, a modification to the coverage requirement will be accepting a lower limit of coverage or waiving the
requirement(s).
Requested by: K.91-111 ,-- 00ci sok, , 3 ,
(Name and Department) C C (IA (Date)
ve-ft)/f,./
Proposed modification(s) to the e" ,4yquirement(s) for Pee! er
(Type of insurance) (Name of cont/act)
7 Reduce coverage to the amount of: $
,Waive coverage
q Other:
FACTOR(S) IN SUPPORT OF MODIFICATION(S)
(check those that apply)
nSignificance of Contractor: Contractor has previous experience with the City that is important to the
efficiency of completing the scope of work and the quality of the work-product. [explain]
F1Significance of Contractor: Contractor has unique skills and there are few if any alternatives. [explain:
include number of candidates RFP sent to and number responded if applicable]
q Contract Amount/Term of Contract: $ . Work will be completed over a period of
rProfessional Liability coverage is not available to this contractor or would increase pie cost of the contract by
[explain]. ireax Li.n.a.€.1.— cope c,),)
nOther (e.g. explain why exposures are minimal, how exposures are covered in another policy, exposure
control mechanisms, and any other information pertinent to your request):
Approved by Risk Manager for this contract only:
(Signature) (Date)
HAWORMInsurance\Admin Order #68.doc
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