HomeMy WebLinkAbout2002-04-23; City Council; 16728; Approval of Amendment No. 2 with Katz & AssociatesI 3
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ITG. 4/23/2002
IEPT. ENG
CITY OF CARLSBAD -AGENDA BILL
m:
APPROVAL OF RATIFICATION OF AMENDMENT NO. 2 TO
THE IMPLEMENTATION OF A PUBLIC AFFAIRS PROGRAM TO
AGREEMENT FOR COMMUNITY RELATIONS SERVICES AND
SUPPORT THE DESIGN AND CONSTRUCTION OF THE
CARLSBAD VILLAGE STORM DRAIN PROJECTS WITH KAT2
VISTNCARLSBAD INTERCEPTOR SEWER AND THE SOUTH
8 ASSOCIATES, INC, A NEVADA CORPORATION
RECOMMENDED ACTION:
Adopt Resolution No. 2002-124 approving Ratification of Amendment No. 2 to the 1998
and the implementation of a public affairs program to support the design and construction of the
agreement with Katz & Associates, Inc., a Nevada Corporation, for community relations services
Vista/Carlsbad Interceptor Sewer and the South Carlsbad Village Storm Drain Projects with Katz &
Associates, Inc., a Nevada Corporation.
ITEM EXPLANATION:
The need for a community outreach program for this project was identified by the Public Works
Director. As a result, the City retained Katz & Associates to assist with this effort. The original
contract with Katz for this project was $90,735. Amendment No. 1 extended the contract an
additional $67,870 for a total contract amount of $158,605. This amendment No. 2 will extend the
agreement an additional $63,000 for a total contract amount of $221,605. In addition, this
ratification of amendment no. 2 will also retroactively extend the agreement for a period of one
additional year, as authorized in the terms of the original agreement.
Katz & Associates, Inc. has done an excellent job of providing community relation services relating
to the Vista/Carlsbad Interceptor Sewer and the South Carlsbad Village Storm Drain Projects. Their
outreach has proven to be beneficial to the citizens of Carlsbad. They have worked with the
the continued utilization of their services would be a benefit to the City.
community to minimize the impacts of this important project. Amending their agreement to allow for
ENVIRONMENTAL IMPACT:
N/A
FISCAL IMPACT:
Based on the current construction schedule, funds are available with the current project
needed for the continued use of Katz and Associates, Inc. is $63,000.
appropriations to encumber additional funds for this contract amendment. The additional funds
EXHIBITS:
1.
2. Ratification of Amendment No. 2 with Katz & Associates, Inc.
Resolution No. 2002-124
3. Original Agreement with Katz & Associates, Inc.
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AMENDMENT NO. 2 TO AGREEMENT FOR COMMUNITY
CARLSBAD, CALIFORNIA, APPROAL OF RATIFICATION OF
PUBLIC AFFAIRS PROGRAM TO SUPPORT THE DESIGN AND
RELATIONS SERVICES AND THE IMPLEMENTATION OF A
CONSTRUCTION OF THE VISTNCARLSBAD INTERCEPTOR
SEWER AND THE SOUTH CARLSBAD VILLAGE STORM DRAIN
CORPORATION.
PROJECTS WITH KATZ & ASSOCIATES, INC, A NEVADA
WHEREAS, the City Council of the City of Carlsbad, California consider it necessary and
n the public interest to retroactively approve and accept Ratification of Amendment No. 2 to the
lgreement with Katz & Associates, Inc.. in the amount of $63.000 for their continued services for
he implementation of a public affairs program, for a contract amount of $221,605; and
WHEREAS, the City desires to retroactively extend the Agreement with Katz & Associates,
nc., for a one-year period, ending on March 12, 2003; and
WHEREAS, the contractor, Katz & Associates, Inc. possesses the necessary skills and
lualifications to provide the needed services; and
WHEREAS, a ratification of amendment to the consultant agreement :with. Katz ,&
ksociates, Inc. has been prepared and submitted hereto; and ~. .. .
WHEREAS, funding for the subject amendment is available in the Fiscal Year 2001/2002
:spital project budget.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
:alifornia, as follows:
1. That the above recitations are true and correct
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2. That Ratification of Amendment No. 2 to the agreement between the City of
2arlsbad and Katz & Associates, Inc. is hereby approved in the amount of $63,000, for a total
agreement amount of $221,605, and the Mayor is authorized and directed to execute said
amendment.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
ield on the 23rd day of APRIL , 2002 by the following vote, to wit:
nila, Nygaard, Hall
4TTEST /I
Page 2 of 2 of Resolution No. 2002-124
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RATIFICATION OF AMENDMENT NO. 2 TO EXTEND AND AMEND AGREEMENT
FOR COMMUNITY RELATIONS SERVICES AND THE IMPLEMENTATION OF A
PUBLIC AFFAIRS PROGRAM TO SUPPORT THE DESIGN AND CONSTRUCTION
OF THE VISTNCARLSBAD INTERCEPTOR SEWER AND THE SOUTH CARLSBAD
VILLAGE STORM DRAIN PROJECTS WITH KATZ & ASSOCIATES, INC, A NEVADA
CORPORATION
This Ratification of Amendment No. 2 is entered into as of the 7th day of jhblls: , 200&, but effective as of the 12'h day of March, 2002, extending
and amending the agreement dated March 12, 1998 (the "Agreement") by and between
the City of Carlsbad, a municipal corporation, ("City"), and KATZ &ASSOCIATES, INC,
a Nevada corporation, ("Contractor") (collectively, the "Parties") for community relations
services and the implementation of a public affairs program to support the design and
construction of the VistaKarlsbad Interceptor Sewer. and the South Carlsbad Village
Storm Drain Projects, ("Project"), City Project Nos. 3182 and 3528, CMWD Project No.
91-403.
RECITALS
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A. On' October 2, 2000, the Parties executed Amendment 'NO. 1 to the
Agreement to .extend the Agreement for a period of one year, ending on March 12.
2002; and
6. On October 2, 2000, the Parties executed Amendment No. 1 to the
Agreement to amend the Agreements scope of work to add additional. funding of
$67,870 for the Project; and
C. The'Agreement, as amended from time to time expired on March 12, 2002,
and Contractor continued to work on the services specified therein without the benefit of
an agreement; and
D. The Parties desire to extend the Agreement for a period of one year, ending
on March 12,2003; and
E. The Parties desire to alter the Agreement's scope of work to add additional
funding of $63,000, for a total contract value of $221,605; and
F. The Parties have negotiated and agreed to a supplemental scope of work and
fee schedule, which is attached to and incorporated by this reference as Exhibit "A",
Scope of Services and Fee.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
City Attorney Approved Version #05.22.01
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1. The retroactive extension and amendment of the Agreement is
ratified.
2. In addition to those services contained in the Agreement, as may
have been amended from time to time, Contractor will provide those services described
in Exhibit “A”.
3. City will pay Contractor for all work associated with those services
described in Exhibit “A on a time and materials basis not-to-exceed the total contract
amount as amended of two hundred twenty one thousand six hundred and five dollars
($221.605). Contractor will provide City, on a monthly basis, copies of invoices
sufficiently detailed to include hours performed, hourly rates, and related activities and
costs for approval by City.
4. Contractor will complete all work described in Exhibit “A by March
12.2003.
5. All other provisions of the Agreement, as may have been amended
from time to time, will remain in full force and effect.
6. All requisite insurance policies to be maintained by Contractor
pursuant to.the Agreement, as may have been amended from time to time, will include
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coverage for this Amendment.
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City Attorney Approved Version W5.22.01
7. The individuals executing this Amendment 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 Amendment.
A
CONTRACTOR
*By: '1
c (&L !L!. -,&
(sign here)
(print namehitle)
<&& m. t(&Tt
ATTEST:
, .(print namekitle) LORMI& M. WOOD
City Clerk
If required by City, proper notarial acknowledgment of execution by contractor must be attached. 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.
Assistant Secretary. 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:
RONALD R. BALL, City Attorney
Deputy City Attorney
Ai&
3 City Attorney Approve; Version #05.22.01
EXHIBIT "A"
Continue providing services outlined in the original contract dated March 12, 1998 at
the following rates:
KAT2 & ASSOCIATES, INC.
2002 HOURLY RATES
ASSIGNMENT
PresidenVPrincipal in Charge
Vice PresidenUFacilitator
Director
Senior Account Supervisor
Account Supervisor
Senior Account Executive
Account Executive II
Account Executive I
Assistant Account Executive
Account Coordinator
Project Support
HOURLY RATE
$1 75
$1 65
$1 60
$145
$135
$1 20
$1 05
$95
$75
$55
$40
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City Attorney Approved Version # 05.22.01
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AGREEMENT
THIS AGREEMENT is made and entered into as of the 12th day of
MARCH , 19x, by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafler referred to as "City". and Katz 8 Associates. Inc.. a Nevada
Eorwration, hereinafler referred to as "Contractor."
RECITALS
City requires the services of a full-service communications Contractor to provide
the necessary communitv relations/construction manaaement services for preparation
and implementation of a public affairs program to support design and construction of
the VistdCarlsbad Interceptor Sewer and the South Cadsbad Village Storm Drain
Projects; and Contractor possesses the necessary skills and qualifications to provide
the services required by the Cii;
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows: . '.-#
1. CONTRACTOR'S OBLlGATiONQ
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The Contractor's obligations are outlined In the attached Exhibit "A."
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2. - The City shall :
A. Provide Contractor reference materials, as requested in writing, and
reasonably available.
8. With reasonable promptness, provide required approvals and declsions.
C. Provide any other Informatlon, as the Consultant's may request in
wrlting, and necessary to the successful pursult of the project contract.
3. - P 0
The work under this contract will begin within ten (IO) days aff,er receipt of
notification to proceed by the Ci and be completed within
days of that date. Extensions of time may be granted if requested by the
Contractor and agreed to in writing by the City Engineer or designee. The City
Engineer or designee will give allowance for documented and substantiated
unforeseeable and unavoidable delays not caused by a lack of foresight on the part of
the Contractor, or delays caused by Ci inaction or other agencies' lack of timely
action.
4. FEES TO BE PAID TO CONTRACTOR
The total fee payable for the sewices to be performed shall be one hundred
' ninety-nine thousand, elght hundred eighty-flve dollars $199.885. No other
compensation for services will be allowed except those items covered by supplemental
agreements per Paragraph 8. "Changes in Work." The City reserves the right to
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withhold a ten percent (10%) retention until the project has been accepted by the City.
Incremental payments, if applicable, should be made as outlined in attached
Exhibit "A?
5. DURATION OF CONTRACT
This agreement shall extend for a period of three f3) veaq from date thereof.
The contract may be extended by the City Manager for four) additional one (I) year
periods or parts thereof, based upon a review of satisfactory performance and the City's
needs. The parties shall prepare extensions in writing indicating effective date and
length of the extended contract.
6. PAYMENT OF FEES
Payment of approved items on the invoice shall be mailed to the Contractor
within 30 days of receipt of the invoice.
7. FINAL SUBMISSIONS
Within $hi* 130) days of completion and approval of the final progress report,
the Contractor shall deliver to the City the following items:
Five (5) copies of all newsletters and press releases.
Five (5) copies of all informational materials
Five (5) copies of the final contact list
Five (5) copies of the final progress report
8. CHANGFS IN WORK
If, in the course of the contract, changes seem merited by the Contractor or the
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City, and Informal consultations with the other party indicate that a change in the
conditions of the contract is warranted, the Contractor or the City may request a change
in contract. Such changes shall be processed by the Ci in the following manner: A
letter outlining the required changes shall be forwarded to the Ci by Contractor to
inform them of the proposed changes along with a statement of estimated changes in
charges or time schedule. A Standard Amendment to Agreement shall be prepared by
the City and approved by the Ci according to the procedures described in Carisbad
Municipal Code Section 3.28.172. Such Amendment to Agreement shall not render
ineffective or invalidate unaffected portions of the agreement.
9. C
The Contractor warrants that their firm has not employed or retained any
company or person, other than a bona fide employee working for the 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,
the City shall have the right to annul this agreement without liabili, 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.
10.
The Contractor shall comply with the state and federal laws regarding
nondiscrimination.
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11. TERMINATION OF CONTRACT
In the event of the Contractoh failure to prosecute, deliver, or perform the work
as provided for in this contract, the City Manager may terminate this contract for
nonperformance by notifying the Contrabor by certified mail of the termination of the
Contractor. The Contractor, thereupon, has five (5) working days to deliver said
documents owned by the City and all work in progress to the District Enaineer. The
District Enaineer shall make a determination of fact based upon the documents
delivered to Cii of the percentage of work which the Contractor 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 determine the final payment
of the contract.
This agreement may be terminated by either party upon tendering thirty (30)
days written notice to the other party. In the event of such suspension or termination,
upon request of the City, the Contractor shall assemble the work product and put same
in order for proper filing and closing and deliver said product to Ci. In the event of
termination, the Contractor 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 Manager shall make the final determination as to the portions of tasks completed
and the compensation to be made.
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
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interpretation not otherwise settled by agreement between parties. Such questions, if
they become identied as a part of a dispute among persons operating under the
provisions of this contract, shall be reduced to writing by the principal of the Contractor
or the CiW Enaineer or deslanee. A copy of such documented dispute shall be
forwarded to both parties involved along with recommended methods of resolution
which would be of benefit to both parties. The Cltv Enalneer or desianee or principal
receiving the letter shall reply to the letter along with a recommended method of
resolution within ten (IO) 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 Ci 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. CI AIMS AND I AWSUITS
The Contractor agrees that any contract claim submitted to the City must be
asserted as part of the contract process as set forth in this agreement and not in
anticipation of litigation or in conjunction with litigation. The Contractor acknowledges
that if a false claim is submitted to the Ci, it may be considered fraud and the
Contractor may be subject to criminal prosecution. The Contractor acknowledges that
California Government Code sections 12650 m, the False Claims Ad, provides for
civil penalties where a person knowingly submits a false claim to a public entity. These
provisions include false claims made with deliberate gnorance of the false information
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or in reckless disregard of the truth or falsity of information. If the City of Carlsbad seeks
to recover penalties pursuant to the False Claims Act, it is entitled to recover its
litigation costs, including attorneys fees. The Contractor acknowledges that the filing of
a false claim may subject the Contractor to an administrative debarment proceeding
wherein the Contractor may be prevented to act as a Contractor on any public wok or
improvement for a period of up to fwe years. The Contractor acknowledges debarment
by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor
from the selection process. mlnitial)
The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026,
3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference.
14. STATUS OF THE CONTRACTOR
The Contractor shall perform the services provided for herein in Contractor's own
way as an independent Contractor and in pursuit of Contractor's independent calling,
and not as an employee of the City. Contractor 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 persons used by the Contractor to provide services under this
agreement shall not be considered employees of the Ci for any purposes whatsoever.
The Contractor is an independent Contractor of the Ci. The payment made to
the Contractor pursuant to the contract shall be the full and complete compensation to
which the Contractor is entitled. The City shall not make any federal or state tax
withholdings on behalf of the Contractor or hisher employees or subcontractors. The
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Ci shall not be require
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d to pay any workers' compensation insurance or
unemployment contributions on behalf of the Contractor or hislher employees or
subcontractors. The Contractor agrees to indemnify the Ci within 30 days for any tax,
retirement contribution, social security, overtime payment, unemployment payment or
workers' compensation payment which the Ci may be required to make on behalf of
the Contractor or any employee or subcontractor of the Contractor for work done under
this agreement or such indemnification amount may be deducted by the City from any
balance owing to the Contractor.
The Contractor 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
The Contractor shall cause all drawings and specifications to conform to all
applicable requirements of law: federal, state and local. Contractor 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.
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16. QWERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, 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 Ci.
Contractor shall have the right to make one (1) copy of the plans for hislher records.
17. REPRODUCTlON RIGHTS
The Contractor 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 Ci.
18. HOLD HARM1 ESS AGREW
Contractor agrees to indemnify and hold harmless the City of Carlsbad and its
officers. officials, employees and volunteers from and against all claims, damages,
losses and expenses including attorney fees arising out of the performance of the work
described herein caused in whole or in part by any willful misconduct or negligent act or
omission 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, except where caused
by the active negligence. sole negligence, or willful misconduct of the City of Carlsbad.
Contractor shall at its own expense, upon written request by the City, defend any
such suit or action brought against the City, its officers, officials, employees and
volunteers. Contractors indemnification of City shall not be limited by any prior or
subsequent declaration by the Contractor.
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19. -T OF CONTRACT
The Contractor shall not assign this contract or any part thereof or any monies
due thereunder without the prior written consent of the City.
20. -CONTRACTING
If the Contractor shall subcontract any of the work to be performed under this
contract by the Contractor, Contractor shall be fully responsible to the 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 contract shall
create any contractual relationship between any subcontractor of Contractor and the
City. The Contractor shall bind every subcontractor and every subcontractor of a
subcontractor by the terms of this contract applicable to Contractor's work unless
specifically noted to the contrary in the subcontract in question approved in writing by
the Ci.
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 Ci 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.
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22. VFRB&"ENT OR CON VFRSAT ION
No verbal agreement or conversation with any officer, agent, or employee of the
City, either before, during or afler the execution of this contract, shall affect or modify
any of the terms or obligations herein contained nor entitle the Contractor 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 inure 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.
25. CONFLICT OF INTEREST
The City has determined, using the guidelines of the Political Reform Act and the
Cis conflict of interest code, that the Contractor will not be required to file a conflict of
interest statement as a requirement of this agreement. However, Contractor hereby
acknowledges that Contractor has the legal responsibility for complying with the
Political Reform Act and nothing in this agreement releases Contractor from this
responsibility.
26. INSURANCE
The Contractor shall obtain and maintain for the duration of the contract and any
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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 Work
hereunder by the Contractor, his agents, representatives, employees or subcontractors.
Said insurance shall 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-:V" and shall meet the City's policy for
insurance as stated in Resolution No. 91-403.
A. Coveraaes and Limits
Contractor shall maintain the types of coverages and minimum limits
indicated herein, unless a lower amount is approved by the City Attorney or City
Manager
1. Comprehensive 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 shall apply
separately to the work under this contract or the general aggregate shall be twice the
required per occurrence limit.
2. Automobile Liability (if the use of an automobile is involved for
Contractor's work for the City). $I,M10.000 combined single-limit per accident for bodily
injury and property damage.
3. Workers' Compensation and Employer's Liability. Workers'
Compensation limits as required by the Labor Code of the State of California and
Employer's Liability limits of $1,000.000 per accident for bodily injury.
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4. Professional Liability. The reau[mforssional liebllltv
Nrance is waived,
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Contractor shall ensure that the policies of insurance required under this
agreement contain, or are endorsed to contain, the following provisions.
1. The City shall be named as an additional insured on all policies
excluding Workers' Compensation and Professional Liability.
2. The Contractor shall furnish certificates of insurance to the City
before commencement of work.
3. The Contractor shall obtain occurrence coverage, excluding
Professional Liability which shall be written as claims-made coverage.
4. This insurance shall be in force during the lie of the agreement and
any extension thereof and shall not be canceled without 30 days prior written notice to
the City sent by certified mail.
5. If the Contractor fails to maintain any of the insurance coverages
required herein, then the City will have the option to declare the Contractor in breach, or
may purchase replacement insurance or pay the premiums that are due on existing
policies In order that the required coverages may be maintained. The Contractor is
responsible for any payments made by the City to obtain or maintain such insurance
and the City may collect the same from the Contractor or deduct the amount paid from
any sums due the Contractor under this agreement.
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27. R-S
The name of the persons who are authorized to give written notices or to receive
written notice on behalf of the City and on behalf of the Contractor in connection with
the foregoing are as follows:
For Contractor:
For Ciy: Title William E. Plummer. District Enalneer
Name 1
Address 3950 El Camino Real
Carlsbad. California 92008
Title Sare M. c-4~ frcsidc A
Name <.trk AssoALteF, rk.
Address q>75 E~CL(L.~\JCS~LR~, skilC 5%
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L4 $dl*, CA 'la037
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ArchRectlLicense Number: F-J /A
ArchitedLicense Number:
28. BUSINESS LICENSE
Contractor shall obtain and maintain a City of Carisbad Business License for the
duration of the contract.
29.
This agreement, together with any other written document referred to or
contemplated herein, embody the entire agreement and understanding between the
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parties relating to the subject matter hereof. Neither this agreement nor any Provision
hereof may be amended, modified, waived or discharged except by an inStfUment in
writing executed by the party against which enforcement of such amendment, waiver Or
discharge is sought.
Executed by Contractor this JsJk day of hrdre*-kr ,192.
CONTRACTOR KAT2 & ASSOCIATES, INC., a Nevada corpor corporation
(name of Contractor)
By:
+-<rLAS<ocict<S,?InC.
(sign here) AlTEST 5.- M. Y~L/ Prtstdec-t-
(print narneltiile)
By: < LZ/L (sky here) #
&,L m. G4"/pm>i& r-t City Clerk
(print nameltitle)
(Proper notarial acknowledgment of execution by Contractor must be attached.)
officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary (President or vice-president and secretary or assistant secretary must sign for corporations. If only one
under corporate sed empowering that officer to bind the corporation.) .
APPROVED AS TO FORM:
RONALD R. BALL
eputy City Attorney
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rev. 8126196
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STATE OF CALIFORNIA 1
COUNTYOF s&u
personally appeared M, VL~
NAME(S) OF SIGNER(S)
pd personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the penon(s) whose
name@) idare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in
hslher/their authorized capacity(ies), and that by hiwherltheir signature(s) on the instrument the person(s). or the entity
upon behalf of which the person(s) acted, executed the instrument.
Title of Type of Dwyment
Date of Document No. of Pages
Signer(s) other than named above
CMWD
06/14/95 REV.
EXHIBIT .AD
Carlsbad Municipal Water District
Prepared for:
Kelly J. Efimoff
Carlsbad Municipal Water Dutrict
5950 El Camino Red
Carlsbad, CA 92008
Submitted by:
4275 Executive Square, Suite 530
La Jolla, CA 92037
(619) 452-003 1, ext. 327
katzandassociates.com
(619) 552-8437 fax
Scope of Work
Desiqn Phase Services
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Working effectively with the media can contribute greatly to a project's
success. The media offers an excellent way to educate the public about
the benefits and progress of the projects. Therefore, K&A will
incorporate media relations as part of the public education plan. This
includes media briefings, ident@ing an approved spokesperson, crafting
key messages about the project and distributing timely and informative
news releases. Given the dynamic nature. and the potential for high
visibility of projects that impact businesses and residents, a
communications plan to address a variety of probable scenarios is a must.
K&A will work with Carlsbad Municipal Water District (District) staffto
develop, prepare and distribute to targeted media, news releases
specifically related to design milestones. Communication themes will
include understanding the purpose and need for the projects,
environmental concerns, project timelines, specificity regarding pipeline
dimensions, locations and anticipated construction plans. Notifications
regarding community meetings, District and City news and project
updates will be communicated to the community through a variety of
media.
Targeted print publications include:
J San Diego Union-Tribune, North County Edition
J North County Times
J Carlsbad Business Journal (targeting Chamber member business
owners)
J BeachNews
J CarlsbadSun
J Village Voice
J Informador (Hispanic)
J All Homeowner Association Newsletters
News releases allow the dissemination of project information to all media
outlets simultaneously, which is crucial to maintaining good relations
with reporten. All appropriate releases also will be distributed to local
television stations, including Daniel's Cablevision and local radio news
stations. K&A will draft and distribute two news releases in this phase.
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I Meetings are by far the most widely used public participation technique -
and for good reason. Held at targeted sites throughout the community
I concerns &out this project.
In addition, K&A recommends scheduling meetings with affected
business and residents to substantially precede appropriate design
milestones in order to communicate with and respond to all affected
audiences. K&A will work with District and City staff to develop and
provide all necessary meeting materials and visuals to help disseminate
all project information in an easy to understand manner with ample time
devoted to question and answer sessions.
K&A will work with District and City staffto develop a single speaker or
a core group of knowledgeable speakers who can effectively address the
need for and benefits of the projects to community and civic associations,
such as the Carlsbad Chamber of Commerce, Kiwanis, Rotary and
planning committees and councils. Similar to community meetings,
speaking presentations provide an intimate and informal setting in which
to discuss project issues and engage in open discussions.
A targeted list of community and civic organizations will be developed
and presentations will be scripted, scheduled and staffed. Message
consistency is important in outreach presentations, and business and
community leaders and the media are often present at these types of
meetings.
Fonuns such as public meetings and speaking presentations provide a
two-way exchange of information between District and City staff and the
public - a key component in any public information. Presentation reports
should be prepared after each presentation to document all questions
asked, needed follow-up, etc. While the majority of these presentations
Carlsbad Municipal Water DisIricI
Public AffairdMedia Reiaiionr Services
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will probably be made by District or City d, presenters also may
include members of the community with established credibility among
these target organizations, adding a “community to community’’ element
to the “District to community” presentations. Finally, based on the
hands-on community relationship the City and District has with its
constituents, it may be valuable to create opportunities for board
members to participate in this outreach process.
K&A will attend all designated meetings with community organizations,
including the Carlsbad Village Business Association and Project Progress
Meetings as specified in the Request for Proposal to total up to five
meetings throughout this phase.
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In projects where a variety of consultants are employed, periodic update
meetings are helpful. Such meetings will allow K&A to inform design
consultants of community feedback and allow the consultants to provide
first hand project knowledge, including specifications about all design
components. At all meetings, the project manager will be fully prepared
to elaborate on any public relations and community and media relations
plans. K&A will attend two meetings, and the project manager will
remain in constant contact with the appropriate parties to ensure all
contract specifications assistance are handled effectively.
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One of the fmt steps in beginning a public education program is defining
who “the public” is for
your issue. For instance,
the people who will be
concerned about the
construction of a pipeline
in their neighborhood are
not necessarily concerned
about the purpose and
need for the project. The
fundamental reality is that
different segments of the
public will choose to participate on different issues and for very different
reasons.
Carlsbadhnicipal Wafer District
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We often think of the "public" as a single entity. In fact, there is no
single public but an endless mdtihuie of interests and groups. All of us
belong to many such groups, and each time we identify ourselves as
something - a Republican, an accountant, city employee, environmentalist
and so forth - we are defining another public to which we belong if an
issue comes up that affects that identity. Some of these interests or
groups are well organized and others exist in potential only. Many
neighborhoods have little inclination to organize for general political
action but can be organized in a hurry ifthere is a perceived threat to that
neighborhood.
The important point is that people participate in issues in response to
some perceived interest and stay organized as long as that interest
continues to be affected. Some groups, once formed, find a continuing reason for staying organized as a group and continue to exert influence on
other issues while other groups may disband shortly after they enjoy a
"victory" or perhaps what they see as a defeat.
K&A will develop a database of all key organizations, elected officials,
business owners and representatives and all other publics who are directly
and indirectly impacted by the project The list will be used for all
mailings, meeting notifications, project updates, speaker presentations,
one-on-one briefings and all other communications needs. Contact list
development will begin in the design phase and will be maintained
throughout the construction phase with routine monitoring to ensure all
information is accurate, current and comprehensive.
Newsletters are a means of sustaining interest throughout a project that
may last for a significant amount of time, such as the Sewer Replacement
and Storm Drain Projects. Newsletters
are effective if they contain important
and useful information to recipients,
including 24-hour telephone and contact
information, explanation of the projects'
purpose and need, design timelines,
milestones, impacts, answers to
commonly &ked questions, glossary of
terms to define any technical jargon,
project facts "at a glance" and the opportunity to mail comments on a
"clip and mail" section of the newsletter. Developing articles from
District and City staff as well as design consultants will provide the
community fmt hand knowledge from the most appropriate parties.
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Carlsbad Municipal Wam District
Public AffairdMedia Relatiom Services
KBA will recommend story ideas, determine and oversee production
schedules and ensure proper distribution of all newsletters. Copy writing,
revisions and photo coordination will be partnered by the project manager
and assistant project manager. A mailing list comprised of impacted
residents, business owners, elected officials and others will be- used. The
newsletters will provide these audiences with more information than can
be communicated through the news media, and they offer the project
team the ability to ensure accurate and timely information. When
appropriate, pertinent design specifics can be included in the City of
Carlsbad's newsletter that highlights community happenings.
KBCA will produce one newsletter during the four-month design phase to
disseminate current information to the target audiences and maintain
regular communication.
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Katz & Associates will be available to strategically assist with tasks not
specifically outlined in the scope of work. These activities will further
serve to complement this scope, increase community awareness and
interest and educate the public about the project in phases or in its
entirety. Tasks under this category may include, but are not limited to,
media training, messages development, crisis communications
preparation, intervention and assistance, event planninglcoordination and
general public relations consulting.
As the public relations consultaut, we want to assure the District and City
recognize that K&A is available to discuss and strategize any related
issues, whether or not they fall under the umbrella of the scope of work.
Our success is based on our clients' success.
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It will be especially important to meet with elected officials in Carlsbad
regarding the alignment route of the projects and brief them about the
impacts their constituents will incur. Not only will the briefings keep
Council current on project information, it will provide them the necessary
background data to use when their constituents contact them with
questions or concerns. K&A will meet with the Carlsbad City Council
and coordinate a construction route tour. Our goal is to coordinate these
meetings within 60 days after a notice to proceed has been granted.
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Public AffairdMedia Relations Services
Carlsbad Municipal Water Distric?
scope of Work
Construction Phase services
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Since K&A will serve as the community liaison during the construction
phase of the project, community perceptions, comments and suggestions
will be monitored and disseminated to District staff in bi-monthly
progress reports. These reports will serve as representation of community
attitudes and sentiments during construction. The reports will also
provide community suggestions to District staff, ensuring two-way lies
of communication between District staff and the community. Progress
reports will begin in design and continue throughout construction and
will total four during construction.
Message consistency is important when community residents are
impacted by a project. As a result, residents will have questions that need
to be answered. K&A can serve a liaison between the public and District
and City staff. We will serve as the conduit through which information
will be channeled. The program manager and assistant program manager
will respond to each public inquiry as quickly as possible with the
appropriate information. A 24-hour hotline will be established and
maintained by K&A to capture all inquiries. If the answer is not known,
K&A will commit to follow up with the correct information as soon as
possible. All inquiries, whether questions, comments, complaints,
feedback, suggestions or other, will be documented and forwarded to the
District Project Manager on a bi-weekly bask
Media Relations AEtivirics
Media coverage ob shapes public opinion. =A's staff of former
reporters, editors and media strategists will help shape media coverage to
accurately reflect your messages.
Similar to the design phase services,
K&A will cpnduct media relations
activities with the ultimate goal of
generating positive and fair media
coverage for the projects - in both
phases.
Carlsbad Municipal Warer District
Public AffairdMedia Relations Services
Particularly in the construction phase, media activities will heighten with
community meetings, and inquiries from the public will become
increasingly important. K&A will generate news coverage reflecting
varying phases of the projects, conduct and arrange background
interviews with local key reporters to help foster relationships and
coordinate traditional news coverage through news releases, project
newsletters, homeowner newsletters, trade publications, template articles
for civic association publications and any specific collateral materials
geared toward specific communities. We will translate all informational
materials so the Hispanic community, a healthy population in the
impacted areas, will not be left out of the outreach and educational
process.
K&A will draff and develop media information kits, or press kits, to
include standard and timely facts and infodon about the projects, the
District and the City of Carlsbad. A combination of recent news releases,
graphics, maps, fact sheets, newsletters, brochures and other
informational inserts will be tailored for each specific use or event and
will emphasize the purpose and need of the project, the design and
construction elements and the District and City’s commitment to a
successfully completed project. When deemed appropriate, a glossary of
terms, treatment definitions and information about the project size,
location, service area and expansion details will be included.
The information kits will be structured for easy modification and
updating and will be used for media briefings, open houses,
groundbreakings and dedication ceremonies and news confermccs.
The kits may also be distributed upon request to the media or to answer
general inquiries ftom the public.
As the projects gain momentum, the Dhct and City will receive
frequent media inquiries. As the District and City increase its profile
within the community and among the media during phases of these
projects, key project spokespersons will need to participate in a lited
media relations training program that K&A will coordinate if deemed
necessary. (Media training is not included in the attached budget.) K&A
has extensive experience in this area and is currently coordinating a
media relations training program for the City of San Diego Metropolitan
Wastewater Department and the City of San Diego Water.
This is especially valuable to personnel who are contacted by the media
for information, clarification, interview, statements, etc., including the
general manager, board of directors, director of administration and other
key staff members.
Carhbad Municipal Water District
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w AssoclATEs
Press Releare
Similar to the design phase, K&A will work with District staff to
develop, prepare &d distribute up to three news releases to targeted
media that are directly related to construction landmaxks such as
explaining the purpose and need for the project, project timelines,
community impacts or disruptions, locations and future aspects of
construction. Public noticing of community meetings, District news and
construction updates will be conveyed to the community by the media.
News releases provide for dissemination of project information and
milestones to the media, which is a vital element of maintaining
relationships with reporters. ConstNction updates and other pertinent
news releases will be distributed to regional print publications, local
television stations and radio news stations.
There are a variety of collateral material options available for providing
information on a public works project or program. These options include
brochures, fact sheets, question and auswer
sheets, press kits and other informational
materials. Because some of the project
infomation will be technical in nature, these
materials serve as a usell way of translating
such technical details into lay terms.
During different phases, K&A will monitor the """_
situation to determine the most effective way to
communicate project information to the
audiences we want to educate. K&A will work
with District and City staff to develop a variety
of materials. Unless noted, all informational materials will be written in
English and Spanish. Recommended collateral materials for these
projects are:
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Fact Sheets
To keep the public current with important project information, one to two
fact sheets 411 be developed throughout the construction phase. All fact
sheets will be dated and will focus on the issues that concern the
impacted publics. The fact sheets will be distributed in community
meetings and sent to individuals who contact the project hotline with
questions or requesting information.
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”.?z A map illustrating the route alignment of the projects will be developed
and included in information packets distributed at community meetings.
The maps will also be used in varying forums when communicating with
the public to ensure they have accurate information about the specific
location of the projects.
SDecicll Bufititq K$A will draft and distribute up to two special project bulletins
highlighting different project issues to be-sent to individuals such as
neighbors, leaders of interest groups, elected officials, agency
representatives and others who have participated in public meetings and
who have exhibited interest in varying aspects of the projects. This may
include road access and detours, noise, traffic routes, and other
information. The bulletins differ from newsletters and fact sheets in that
the bulletins will address specific “hot” or “special” topics that have surfaced aniong community groups, residents and others. The bulletins
will provide these audiences with far more information than can be
communicated through the news media, and they offer the project team
the ability to ensure accurate and timely information.
Student Communication
Research has shown that children are taking the lend in community and
environmental causes. These young activists have a growing influence on
decisions made by their parents. With the education they receive from
classroom presentations, they are able to make informed decisions and
communicate to their parents what they have learned. To supplement and
reinforce classroom learning, tours of the route alignment of the projects
are encouraged as they are popular among students.
Jefferson and Pim Elementary Schools are. near the impacted routes and
presentations to fifth grade.students would offer a valuable
communication medium, not only with students, but the teachers,
administration and parents that have a vested interest in what is
happening in the surrounding areas. K&A has developed a teacher’s
guide, student activity booklets and outreach materials to teachers for
other programs where community education is vital.
K&A will develop one-page student activity lessons that illustrate the
phases of the projects and how the community will benefit.
Public AffairdMedia Relations Services
Cadsbad Municipi Wam Disirici 9
3.3
Public Meetinp Presentation Materials
Once a meeting is undenvay, it is important that all presentation materials
appropriately reflect the audience they are intended for. Translating
technical jargon into lay terms, using graphics to illustrate complicated
processes and including related photos in place of heavy text are all
methods to'educate the public as opposed to overwhelming them. K&A
will work with key presenters to develop professional, polished and
appropriate materials that effectively communicate important project
information and messages to be used in community meetings and other
communication forums.
Similar to meetings in the design phase, K&A will coordinate up to 12
meetings with affected business owners and residents to precede
appropriate construction milestones in order to communicate with and
respond to all affected audiences.
Discussion groups held in private homes are an excellent way to respond
to the concerns of community members. Often a preferred format for
"neighborhood oriented" issues, they offer project leaders the opportunity
to informally present a project, tailor the information to that specific area,
and ideally increase the comfort level and improve the communications
between community members and project staff.
K&A will work with District and City staff to develop and provide all
necessary meeting materials and visuals to help disseminate all project
information in an easy-to-understand manner.
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An effective way to wmmunicate with influential people in the
community is to arrange open house presentations to include civic
organizations, business association meetings,
environmental groups and others. K&A will
coordinate up to three broad-based
community open houses throughout the
construction phase. Open houses allow the
community at large to interact with District
and City staff in a more formal setting and
disseminate important project information to
a large and broad-based audience, as opposed
to smaller intimate meetings outlined in Task 12.
Carlsbad Munkipal Water Diswict
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K&A will assist in tailoring all presentations to the technical interests of
each audience. K&A will craft, develop and work with District and City
staff to prepare key messages for each community open house.
Task 14 -icon$mcflonl Mhtings
=A's project manager will attend one construction meeting. These
meetings will offer the opportunity for imperative discussions about the
communities' perceptions, requests, mitigation and all other feedback that
will be important to the project.
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An important facet of any project, especially a construction project, is to
form a plan of action for crisis situations in advance of crisis.' Being
prepared allows you to immediately take control of a situation. Some
helpful steps to take early in the life of a project are identifying a media
spokesperson, developing key messages, providing the media with status
report news briefings, and scheduling internal briefings to coordinate
internal and external communication.
K&A will handle all public relations program management activities
including developing a comprehensive community involvement schedule
of activities, planning meetings, handling internal team correspondence
on community issues, etc. This task also includes all program
managemenddirection-oriented activities, meetings with staff and
ongoing account management issues.
During constmction projects that create heavy public impacts, it is critical
to outreach to specific parties regarding varying needs and concerns.
Throughout construction, K&A will coordinate on-going daily interface
with District and City staff and project contractors regarding issues not
previously scoped for. Coordination and management of unique needs of
homeowner associations, organized grassroots parties and othex
individuals will be met through this extended outreach and
communication effort.
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November 26,1997
1 Ms. Kelly J. Efimoff
Associate Engineer
Carlsbad Municipal Water District
5950 El Camino Real
L.
Carlsbad, CA 92008-8893
Re: Professional Services Agreement for community RelatiodConstruction
Management Services
De& Mi. Efimoff:
Per your request, I am'writing to attest that Sara M. Katz, president of Katz & Associates,
Inc. is authorized to bind the company in regard to the above referenced contract.
We look forward to working with you on this project.
Sincerely,
r/J&es V. Cardwell
STATE OF &-[
COuNnOF CIAcK
On la! @\ ,h7 (date) befox. e,
title of officer) personally appeared ,%XW?s v. CF\fddf- (name of signer)
- personally known to me - or - - proved to me on the basis of satisfactow evidence tu be
Pw . C*-nd"t m,&\re Scc17,
(name and
the person whose name is subscribed to the within instrument and acknowledged to me that
he executed the same in his capacity, and that by his signature on the instrument the petson,
or the entity upon behalf of which the person acted, executed this instrument.
WITNESS my hand and official seal. MICHELLE GCAUO
uolaypdiC.- Ww em. Avo. 8. pmo
No. %Mp1 n