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HomeMy WebLinkAbout5845-5849r RESOLUTION NO. 5849 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD TUESDAY, NOVEMBER 5, 1985 WHEREAS, a General Municipal Election was held in the City of San Luis Obispo on the 5th day of November, 1985, which election was duly held and conducted in the manner provided by the Charter of the City of San Luis Obispo, and as provided by law for the purpose of electing a Mayor and two (2) City Councilmembers, and deciding. -,three measures; and WHEREAS, under the provisions of City Council Resolution No. 5713 (1985 Series), the Board of Supervisors was aufhorized to 'per €orm the official canvass of the November 5, 1985, Municipal Election pursuant to the election laws of the State of California; and WHEREAS, a statement of the results of said election has been duly entered by the City Clerk in the official records of the City. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that: Section 1. The whole number of votes cast in said election within the City of San Luis Obispo was 8586. Section 2. The names of the persons voted for, the office for which each person was voted for, the number of votes given at each precinct to each person and measure, are shown by the tabulation of votes, marked Exhibit "A" and attached hereto, and by this reference incorporated herein as though fully set forth. Section 3. RON DUNIN, the candidate having received the highest number of votes cast at said election for the office of Mayor, is hereby declared elected to such office for the term prescribed by the City Charter. R 5849 J• Resolution No. 5849 (1985 Series) ' Page 2 Section 4. ALLEN K. SETTLE and PENNY RAPPA, the two candidates having received the highest number of votes cast at said election for the office of City Councilmember, are and each of them is hereby declared elected to such office for the term prescribed by the City Charter. Section 5. The City Clerk is hereby directed to sign and deliver to each of said Ron Dunin, Allen K. Settle and Penny Rappa a certificate of election certifying to him /her election to him /her respective office, as hereinbefore set forth Section 6. The following measures having been voted on and approved by the voters are hereby approved. Measure C Shall City Charter Section 405 be amended so that time served as a result of an appointment or election which is less than one -half (1/2) of the full term not be included in determining the eight (8) year limitation? Measure D Shall City Charter Sections 602 and 606 be amended to allow for changes to the Municipal Code to be done by subsections? Measure E Shall the City Charter be amended to add Section 908 to require that annexed lands may only be developed consistent with the General Plan? On motion of Councilman Settle , seconded by Councilwoman Dovey , and on the following roll call vote: Resolution No-5849 (1985 Series) Page 3 AYES: Councilmembers Settle, Dovey, Griffin, Rappa and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 3rd day of December 1985. ATTEST: CITY CLERK PAMELA �OGEW V Approved: FrA v J- Q ;-; 4� City Administrative 0 icer tc� to ey Ci ity Clerk I$� Y RON DUNIN C E R T I F I C A T E I, Pamela Voges, the City Clerk of the City of San Luis Obispo, certify that the following is the final statement of votes cast at the General Municipal Election held in the City of San Luis Obispo, California, on November 5, 1985. 1 - Number of registered voters in city 2 -.Number of votes cast in city 3 - Tabulation of votes by person: For Mayor Ron Dunin 4,698 Melanie C. Billig 3,724 For Councilmember Marlaine Hubbard 2,748 Allen K. Settle 3,976 Paul A. Lewis 732 Ron Bearce 2,778 Paul Agnew 683 Penny Rappa 3,068 Gary G. Fowler 1,999 4 - Tabulation of votes by precinct (Exhibit "A ") 5 - Tabulation of votes by person (Exhibit "A ") 23,981 8,586 6 - Tabulation of absentee votes (Exhibit "A ") Witness my hand and the seal of the City of San Luis Obispo this 20th day of November., 1985.- (seal) Pa t ela Voges, City ler� _ <c a F �+ O F-i N E-i a] x cn w ; cn C ro E. 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O\ 00 O I� r-1 lit Ln O N rH. .ri M O M '-1 M r-1 V) --� O- n M . �tM :a% IT ON -t\ 1-1 1.o O Ln N A O N .-1. .. 'H ..d - N. .0.:r --1 rH -It V1 O M N �0 4.V1 M M eq v) J-1'. J-1 BM U: N. N .t Ot r V1 N' 1� .r4 Ln cql 44 N r�51. O N q', b E U' C ca .;, H H 0 4J u v] „,4 y `• vo d) 0 z 'ate z r z 1-4 o U q [cl CC H RESOLUTION NO. 5848 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND ADVOCATE FOR SERVICES PROVIDED FROM JANUARY 1, 1986 THROUGH DECEMBER 31, 1986. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and Advocate is hereby approved and the Mayor is authorized to execute.the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to : Advocate, Human Relations Commission, City's Finance Director. On motion of Councilman Settle. Seconded by Councilwoman Dovey and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Griffin, Rappa and Mayor Dunin NOES: None ABSENT: None The foregoing resolution was passed and adopted this 3rd day of Dec., 1985. May Ron Dunin AT�ST`.1 la Voges, CityAvC1 APPROVE: City Adminis cer s lommission Assis ! tdf 'foVtAe%-Zity AdmirKstrative Officer R 5848 XHTB1.T A I I AGitH'r:bir id'T LANDLORD TENANT INSPECTION SERVICE ADVOCATE THIS AGREEMENT is by and between the CITY OF SAN LUIS OBISPO, a chartered municipal corporation (hereinafter referred to as "City ") and Advocate, independent contractor providing consulting services (hereinafter referred to as "Consultant "). WHEREAS, Consultant has the expertise to maintain an program known as Landlord /Tenant Inspection Service (LTIS) and WHEREAS, City desires to retain Consultant as an independent contractor to provide certain services not currently performed by City employees or available within City services. NOW, THEREFORE, City and Consultant, for and in consideration of the mutual benefits, agreements and promises set forth herein, agree as follows: 1. Commencing .ianuary 1, 1986, Consultant agrees to provide services to the City as directed by the Human Relations Commission. Said services shall continue through December 31, 1986, providing, however, that either party may terminate this agreement by 14 days written notice to the other party.. 2. Notwithstanding any other representation, oral or written, between the parties, including any and all agents or representatives thereunder Consultant, at all times covered by the terms of the agreement, is acting as a free and independent contractor and not as an employee of the City. 3. City agrees to provide office space and supplies necessary for performance under this agreement, subject to purchase authorization by the Assistant to the City Administrative Officer in accordance with the guidelines established by the Human Relations Commission of the City of San Luis Obispo. AGREEMENT CITY Or SAN LUS OBISPO /ADVOCATE Page 2 d. City agrees to pay Consultant at the rate of 80% of fees collected, said fee amount and structure as shall be established by the Human Relations Commission. 20% of fees collected will be retained by the City for use by the Human Relations Commission for promotion and publicity of the LTIS program. Consultant shall transmit to the HRC a monthly statement of the services provided prior to payment stating the inspections made and full particulars as to clients and services. Consultant shall not accrue vacations, sick leave, or other similar benefits including unemployment insurance and medical benefits available to regular city employees. 5.. Consultant agrees to use its best efforts to maintain a program to be known as the Landlord /Tenant Inspection Service (LTIS). LTIS shall be a service made available to the tenants and landlords in the City of San Luis Obispo. No services under this agreement shall be provided outside the.City of San Luis Obispo. Such services will consist of, but not be limited to, an inspection of rental premises upon the request of either a landlord or a tenant and the preparation of a report setting the condition found to be present in said premises. Consultant agrees to work within such guidelines as may be set forth from time to time by the Human Relations Commission of the City of San Luis Obispo. 6. This is an agreement for professional services and is not assignable without the prior written consent of the City. r. All information and records collected by Consultant shall. remain the property of the City of San Luis Obispo. 8. For purposes of notice under this agreement., all notices shall be considered effective upon being sent by certified mail to the following addresses- AGREEMENT CITY Or SAN LUIS OBIS1 O/ADVOCATE. Page 3 CITY: CITY CLERK City of San Luis Obispo PO Box 8100 San Luis Obispo, Ca. 93403 -8100 CONSULTANT: ADVOCATE PO Box 1156 Grover City, Ca. 93433 1' -3 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on this 3rd day of December e CONSULTANVADVOCATE re, uwner APPROVED AS TO FORM: Kasp fowitz, Chairperson Relations Commission Stevelienderson, Assistant to the City Administrative Officer 1985. yr Terri Mineau, Owner CITY OF SAN LUIS OBISPO May Ron Dunin AT T: C ty Clerk Pamel Voges RESOLUTION NO. 5847 (1985 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO ENDORSING A GRANT APPLICATION OF THE SAN LUIS OBISPO LAND CONSERVANCY WHEREAS, the California Department of Water Resources and the Department of Fish and Game have established a program of flood control and urban creek restoration pursuant to Chapter 1130 (1984 Statutes); and WHEREAS, the San Luis Obispo County Land Conservancy has prepared a grant application pursuant to this program which is designed to combine effective community flood control protection with programs which enhance the aesthetic, educational, recreational and fish and wildlife values of the communities watershed; and WHEREAS, funding of the San Luis Obispo County Land Conservancy grant request would be of value to the city's ongoing efforts to deal with these important issues. NOW, THEREFORE, BE IT RESOLVED that the City Council endorses and requests funding for the San Luis Obispo County Land Conservancy grant under the urban creek restoration and flood control program. On motion of Councilman Settle , seconded by Councilwoman Dovey and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Griffin, Rappa and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 3rd day of December 1985. City 1Clerk Pamela APP D: City Administrati Of icer Public Works Director Mayo on Dunin R 5847 �1�'�i ipc,.�d � , RESOLUTION NO. 5846 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 895 WHEREAS, the subdivision improvements for Tract 895 have been satisfactorily completed, NOW, THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo that the public improvements for Tract 895 are hereby accepted for maintenance by the City of San Luis Obispo and the Council authorizes the release of 90 percent of the performance bond in accordance with the subdivision agreement. On motion of Councilman Settle , seconded by Councilwoman Dovey , and on the.following roll call vote: AYES: Councilmembers Settle, Dovey, Griffin, Rappa and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 3rd day of December 1985. ATTEST: P""LV CITY CLERK PAMELA VO S MAYOnJR0N DUNIN R 5846 Resolution No. 5846 (1985 Series) Page 2. APPROVED: City Administr tiv Officer City Atto ney Ci y Engineer jk1 /t939 by C S u bctl4v RESOLUTION NO. 5845 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND MERRIAM - FRASER FOR DESIGN SERVICES FOR A NEW CITY - COUNTY LIBRARY AT 955 PALM STREET AND DIRECTING THE FINANCE DIRECTOR TO TRANSFER FUNDS WHEREAS, in May of 1985, the Board of Supervisors of the County of San Luis Obispo and the City Council of the City of San Luis Obispo agreed to pursue development of a new City /County Library facility; and WHEREAS, pursuant to said agreement an architect was selected (Architects West of Santa Barbara); and WHEREAS, by mutual consent the parties to the contract for architectural services have agreed to terminate the relationship; and WHEREAS, Merriam- Fraser, a local architectural firm which has provided interim services on Phase I of the library project and which placed second in the original design competition, has been selected to enter into a contract to perform the remainder of the architectural services for the library project; and WHEREAS, in accordance with previous understandings and agreements, it is necessary for the City to transfer certain funds totalling $1,385.000.00 to the County to be held in a joint trust fund for the City- County Library Facility project. NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Agreement dated May 7, 1985, between the City, the County, and Architects West, Santa Barbara, for design and architectural services for the City /County Library Facility is hereby acknowledged to have been terminated by mutual consent of all parties. SECTION 2. The certain Agreement attached hereto marked Exhibit "A" R 5845 and incorporated herein by reference between the City, the County, and Merriam- Fraser is hereby approved and the Mayor is authorized to execute the same. SECTION 3. The City Finance Director shall transfer One Million Dollars ($1,000,000.00) from the City Library Fund and Three Hundred Eighty -Five Thousand Dollars ($385,000.00) from the Community Facilities Reserve into the County Library Fund, pursuant to mutual terms of agreement between the City and County Finance. Directors. The City Clerk shall furnish a copy of this Resolution and a copy of the executed Agreement approved by it to the Finance Director, the Community Development Director and Merriam- Fraser. On motion of Mayor Billig , seconded by Councilman Settle , and on the following roll call vote: AYES: Mayor Billig, Councilmembers Settle, Dovey and Dunin. NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 25th day s s• s s s * * ** s i / ORA i i > C O AGREEMENT - .ARCHITECT SERVICES This Agreement, made this 25th day of November, 1985, by and between COirdiY OF ;AN LUIS OBISPO, hereinafter referred to as "COUNTY ", the CITY ( .,I'll LUIS OL•'ISPO, hereinafter referred to as "CITY ", who are sometimes hereiniW:.A, referred to Jointly as OWNER, and MERRIAM FRASER hereinafter referred to as "CONSULTANT ". WITNESSETH: That for and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: A ARTICLE 1. RESPONSIBILITIES OF CONSULTANT: a. SCOPE: CONSULTANT will provide the following architectural services as described herein and under Exhibit "A" and "B" for the COUNTY and CITY project hereinafter described: CITY - COUNTY LIBRARY FACILITY, Project #P5264. Exhibit "A" and ''B" is attached hereto and incorporated herein by reference*as though here fully set forth. b. COORDINATION: In the performance of CONSULTANT'S service under this Agreement, CONSULTANT agrees that he will maintain coordination with COUNTY and CITY via the CITY /COUNTY BUILDING COMMITTEE. All status reports, progress reports or correspondence for the BUILDING COMMITTEE should be directed to the COUNTY PROJECT COORDINATOR. The COUNTY PROJECT COORDINATOR shall be responsible for obtaining signatures of both CITY and COUNTY officials for documents or authorizations requiring_ same. C. CONSULTANT'S SERVICES: Insofar as they may be applicable to the project contemplated by this Agreement, CONSULTANT shall render the services and furnish the phases of work as described in Exhibits "A" and "B ", commencing with receipt of a written Notice to Proceed signed by the COUNTY PROJECT COORDINATOR and by the COUNTY DIRECTOR OF GENERAL SERVICES. ARTICLE 2. RESPONSIBILITIES OF THE COUNTY AND CITY: The COUNTY and CITY shall cooperate with CONSULTANT on all phases of the work covered by this Agreement and will make available to him, as his needs indicate, all existing maps, soils reports and other similar data in possession of the COUNTY or CITY covering the designated site. The OWNER shall also be responsible for Providing surveys, soils analysis, material testing, project management and project i)!,pection as is necessary for project completion. ARTICLE 3. FEE AND PROVISION FOR PAYMENT: OWNER will pay CONSULTANT a fee equal to $174,100.00 for work contracted i thin. !,greement and billed for based on payment schedule per Exhibit "B ". Exhi: "B" i. aLtached hereto and incorporated herein by reference as though here 11.1! set 1'vrCh. Any additional applicable hourly rate billings as authorized in Asti.! 4 shall be based on the Fee Schedule contained in Exhibit "B ". ARTICLE 4. PAYMENT FOR EXTRA WORK.OR_CHANGES: Any claim for payment for extra work or changes in the work to a limit of $15,000.00 will be paid by OWNER only upon certification by the DIRECTOR OF GENERAL SERVICES that the claimed extra work or change was authorized in advance by the COUNTY PROJECT COORDINATOR, the COUNTY" DIRECTOR OF GENERAL SERVICES, the CITY PROJECT COORDINATOR and the CITY FINANCE DIRECTOR and that the work has been satisfactorily completed. Claims for such extra work must be submitted by CONSULTANT within 30 days of completion of such work and must be accompanied by a statement of itemized costs covering said work. ARTICLE 5. TERMINATION OF AGREEMENT: All parties hereto shall have the right to terminate this Agreement upon giving a 10 -day written notice of such termination to the other. parties. In the event of the termination of this project in its entirety, notwithstanding any other fee provision of this Agreement, the OWNER, based upon work accomplished by the CONSULTANT prior to notice of such termination, shall determine the amount of fee to be paid to CONSULTANT for his service based upon provisions in Exhibit "B" and such findings of the. OWNER shall be final and conclusive as to the amount of such fee. In the event of termination of any portion of this project, CONSULTANT shall be entitled to the I reasonable value of his services involved in the termination, as determined by OWNER, upon a finding which shall be final and conclusive as to the amount of fee due and owing. ARTICLE 6. TIME OF COMPLETION: CONSULTANT agrees to diligently pursue his work under this Agreement and to complete the work as described in Exhibit "A" thru item 4, in a satisfactory manner within one hundred eighty (180) days of receipt of the Notice to Proceed. This time frame is exclusive of CITY, COUNTY and STATE agency approvals. CONSULTANT shall not be responsible for any delay which is caused by action or inaction of COUNT'( or CITY or acts of God, but shall be responsible for his own fault or necllitierice of that of any' consultants, employees or independent contractors of his. CONSULTANT shall deliver to the COUNTY PROJECT COORDINATOR completed work as REV r iD required under Exhibit "A" of this agreement. CONSULTANT will be provided writt-n verification of date or receipt of such work by the COUNTY PROJECT COORDINATOR. If' the work is not completed by CONSULTANT in the time specified for r -; .: itt. -m, �lr wiChin any period of extension authorized in writing by the COUi4TY fRk::, 'f COOI!DiIJATOR and the CITY PROJECT COORDINATOR, it is understood that the ONIJER Ui ! 1 suffer damages and CONSULTANT will pay to the COUNTY and CITY as fixed and liquidated damages, (not as a penalty), the sum of One Hundred Fifty Dollars (1;150.00) for each calendar day of the .delay until the work is completed and accepted. CONSULTANT is liable for the amount thereof, and the OWNER may deduct said sums from any money due or that may become due to CONSULTANT. w Within seven (7) calendar days of commencement of work under this Agreement, CONSULTANT shall submit to the COUNTY PROJECT COORDINATOR for approval by OWNER a completion schedule in graphic form clearly delineating all important project increments and review dates. ARTICLE 7. CONFLICTS OF INTEREST.: No member, office, or employee of the COUNTY or CITY during his : tenure, or for one year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. ARTICLE 8. OWNERSHIP OF DATA: The ownership of all data collected for use by CONSULTANT under this Agreement, together with working papers, drawings, and other material necessary to a complete understanding of the plans and necessary for the practical use of plans shall be vested in .OWNER. Ownership of original drawings and documents shall be vested in the OWNER. CONSULTANT may retain a copy of all work for his own use. CONSULTANT shall provide three (3) copies of Design Development Documents and three (3) copies of 95% complete Working Drawings along with one. (1) set of reproducible drawings for both of above, and Specifications to COUNTY PROJECT COORDINATOR as part of this Agreement. At conclusion of Item 5 work, the original drawings and specification documents are to be delivered to the COUNTY PROJECT COORDINATOR. ARTICLE 9. COVENANT AGAINST CONTINGENT FEES: CONSULTANT warrants that he had not employed or retained any company or person, other than a bona fide employee working solely for him, to solicit or secure the Agreement, and that he has not paid or agreed to pay any company or Arson, other than a bona fide employee working solely for CONSULTANT, any fee, ctmimission, percentage, brokerage fee, gift, or any other consideration contingent r:i m• r.?s.ulting from the award of making of this Agreement, for breach or violation R_Y of this warranty, the OWNER shall have the right to annul this Agreement without liability, or in its discretion, to deduct from the contract price or considerat.i• 1 or u,Uwrwise recover, the full amount of such fee, commission, percentage tc gif[.. or Contingency. ARliCLE 10. CONTRACT PERSONNEL: The work to be done pursuant to this Agreement shall be done by Bruce U. Fraser, licensed Architect No. C -9787, principal of MERRIAM FRASER and such other personnel in the employ or under the supervision of CONSULTANT who shall be approved by the OWNER. The COUNTY official who shall be vested with the right of approval of such additional personnel or, outside contracting parties shall be the DIRECTOR OF GENERAL SERVICES. The CITY official who shall,be vested with the right of approval of such additional personnel or outside contracting parties shall be the CITY PROJECT COORDINATOR. The COUNTY and CITY reserve the right to reject any of the CONSULTANT'S personnel or proposed outside consultants and the COUNTY and CITY reserve the right to request that acceptable replacement personnel be assigned to the project. ARTICLE 11. INDEMNITY CLAUSE: CONSULTANT shall defend, indemnify, and save . harmless the COUNTY OF SAN LUIS OBISPO, and CITY OF SAN LUIS OBISPO, their officers, agents and employees from any and all claims, demands, damages, costs, expense liability arising out of this Agreement or occasioned by the negligent performance or attempted negligent performance of the provision hereof, including, but not limited to, any negligent act or omission to act on the part of CONSULTANT or his agents or employees or independent contractors' directly responsible to him, except that the above shall not apply to the sole negligence or willful misconduct of the COUNTY or CITY or their agents, servants or independent contractors who are directly responsible to COUNTY, CITY or OWNER.. This indemnification provision shall apply even if there is concurrent or joint negligence of indemnitor and indemnitee, and even if there is active or passive negligence by either or both parties. Nothing in this Article shall apply to any liability covered by the Architect's errors and omissions insurance. ARTICLE 12. INSURANCE: a. Errors and Omissions Insurance: CONSULTANT shall obtain and maintain at his own expense prior to commencement of the work of this Agreement, professional liability (Errors and Omissions) insurance, in a company authorized to issue such insurance in the State of California, with limits of liability of not less than Two Fifty Thousand Dollars ($250,000) to cover all architectural services REV I� rendered pursuant to this Agreement. The CONSULTANT'S .policy is scheduled fol renewal on June 16, 1986, at that time CONSULTANT shall make a good faith effor+. rep, goLiate the Errors and Omissions insurance to levels designated by the OWNER. Cl,!" JUl. ?'AHT further agrees to pay all costs for said renewal insurance u;:, $2- U,000, if said insurance is available. Premium costs above this amount shall b;, subject to negotiation between the parties to this Agreement on a yearly basis and shall be implemented by means of an amendment to this Agreement. Such insurance is to be kept in force for one (1) year beyond the date of Notice of Completion of the construction as accepted by the COUNTY BOARD OF SUPERVISORS and the CITY COUNCIL. b. Auto and Public Liability Insurance: CONSULTANT shall also maintain in full force and effect for the duration of this Agreement, automobile insurance and public liability insurance with an insurance carrier satisfactory to OWNER, which insurance shall include protection against claims arising from personal injury, including death resulting therefrom, and damage to property resulting from any actual occurrence arising out of the performance of this Agreement. The amounts of insurance shall not be less than the following: Single limit coverage applying to bodily and personal injury, including death _resulting therefrom, and property damage or a combination thereof in an amount not less than $1,000,000. The following endorsements must be attached to the policy or policies: (1) If the insurance policy covers on an "accident" basis, it must be changed to "occurrence ". (2) The policy must cover personal injury as well as bodily injury. (3) Broad form property damage liability must be afforded. (4) The COUNTY OF SAN LUIS OBISPO, the CITY OF SAN LUIS OBISPO. their officers, employees, and agents, shall be named insured under the policy and the policy shall stipulate that the insurance will operate as primary insurance and that no other insurance. effected by the COUNTY or CITY will be called upon to contribute to a loss hereunder. (5) Contractual liability either on a blanket basis or by identifying this Agreement within a contractual liability endorsement. (6) "Cross- liability" such that each insured is covered as if seperate policies had been issued to each insured. (1) COUNTY and CITY shall be given 30 days notice prior to c- ccl l ,a i;i on or reduction in coverage of the insurance. . REV 1 l � c. Workers' Compensation Insurance: In accordance with the provisions nl Section 3700 of the Labor Code, CONSULTANT shall be insured against liability 1.:� Worh, -S' compensation or undertake self- insurance. CONSULTANT agrees to comj- with '.L :h provisions before commencing performance of any work under this Agreemrn d. Copies of Insurance to OWNER before Commencement of Work: CONSUL1,' „1: shall provide certificates of insurance to OWNER prior to commencement of work or this Agreement. Certificates of insurance are necessary before a Notice to Proceed is issued. Certificates shall state that the policy shall not be cancelled or reduced in coverage without 30 days written notice to COUNTY and CITY. Approval of insurance by OWNER shall not relieve or decrease the extent to which CONSULTANT may w be held responsible for payment of damages resulting from service or operations performed pursuant to this Agreement. CONSULTANT shall not perform any work under this Agreement until he has obtained the required insurance and until the required insurance certificates have been submitted to the COUNTY and CITY and approved by the COUNTY COUNSEL and CITY ATTORNEY. If CONSULTANT fails or refuses to procure or maintain the insurance. required by these provisions, or fails or refuses to furnish COUNTY and CITY required proof that insurance has been procured and is in force and paid for, OWNER shall have the right at OWNER's election to forthwith terminate this Agreement. ARTICLE 13. BONDING: This article is deleted. ARTICLE 14. STATUS: CONSULTANT shall, during the entire term of this Agreement, be construed to be an independent contractor, and in no event shall any of its personnel or sub - contractors be construed to be an employee of COUNTY or CITY. ARTICLE 15. MODIFICATION OF AGREEMENT: This Agreement may be modified only by a written amendment signed by both parties hereto. ARTICLE 16. LAW GOVERNING: This Agreement shall be governed by the law of the State of California. ARTICLE 17. COMMUNICATIONS: Communications between the parties to this Agreement may be sent to the following addresses: COUNITY: COUNTY OF SAN LUIS OBISPO Department of General Services County Government Center, Room 460 San Luis Obispo, California 93408 Attn: Kenneth L. Wattelet, Project Coordinator REV \I I/ CITY: CITY OF SAN LUIS OBISPO City Administrative Officer City Hall 990 Palm Street San Luis OBispo, CA. 93401 ATTN: Candace Havens, Project Coordinator CONSUL *FANT: MERRIAM FRASER 979 Osos St., Suite C San Luis Obispo,,CA. 93401 ATTN: Andrew G. Merriam AIA, AICP Principal ACCEPTED AND AGREED THIS,, ✓�1-,71 day of 1985. ATTEST:/ My r , ame a Yoges ATTEST:. ounty Clerk and-E)6;Off1Cio rk of the Board of Supervisors APPROVED AS TO FORM AND LEGAL EFFECT: JAMES B. LINDHOLM, JR. County Counsel / By: Deputy County CoOnsel iJ,a o": COUNTY OF SAH LUIS BIW /J ha man of the Boar upervisors Authorized by Board Action on,�Zil day of �r 1985. By: LUTA OBISPO e Approved by Cit his T'j day of CONSULTANT By: Licensed Architect No. n 4G; d- APPROVED AS TO FORM AND LEGAL EFFECT: By: oger Pi ue , i y ttorney Date: � 1 f� COUNTY EXHIBIT "A" - RESPONSIBILITIES OF CONSULTANT Upon COUNTY'S and CITY'S approval of this Agreement and upon issuance of No!.ic:i to Proceed, the CONSULTANT shall proceed with the following tasks: ITEM 1 - ENVIRONMENTAL DESCRIPTION DATA: CONSULTANT shall complete eiell r new CITY Environmental Description form or revise the existing as required and provide a preliminary site plan and description establishing project scope suitable to the CITY COMMUNITY DEVELOPMENT DEPARTMENT for its' use in preparing an EIR, if one is required. If the EIR or mitgation measures are required; CONSULTANT shall conform all work hereinafter to the mitigating requirements except as otherwise w directed by the CITY COUNCIL. Any time required to conform the architectural work to the CITY's Environmental requirements is in addition to that allowed in Article 6 of the Agreement. ITEM 2 - SCHEMATIC APPROVALS: The Schematics, shall be deemed complete at such time as the drawings, cost estimates and other data are approved by the COUNTY BOARD OF SUPERVISORS, and the CITY COUNCIL. CONSULTANT shall also have responsibility for submitting schematics to the CITY COMMUNITY DEVELOPMENT DEPARTMENT and the CITY ARCHITECTURAL REVIEW COMMISSION for their review and recommendations prior to the CITY COUNCIL'S consideration for approval.. Major revisions in the work required to conform the architectural design to the requirements of these government agencies shall be considered extra work as per Article 4 and the time for work required for the conformance will be in addition to that allowed in Article 6 and shall be documented by consultant. When these conditions have been met, a Notice to Proceed will be issued for the CONSULTANT to proceed with the following tasks: ITEM 3 - DESIGN DEVELOPMENT: The Design Development Documents are to illustrate the size and character of the project and other essentials such as materials and type of structure as may be appropriate. The Design Development Documents shall be prepared from the approved Schematic Design Documents and shall include any adjustments in the project scope or budget as authorized by the DIRECTOR OF GENERAL SERVICES and the CITY PROJECT COORDINATOR, and will form the basis for the construction Documents. If material adjustments in project scope or increase in budget as authorized, Article 4 may be invoked by CONSULTANT. The Design Development Documents will include: 1. Site plan indicating general location and nature of site improvements; P!_. 2. Drawings and other documents as required to fix and describe the size and character of the structure as to architectural, structural, mechanic..,', electrical systems, materials and other elements as may be appropriate. 3. Outline specifications revised as necessary from schematic form; anri 4. A further statement of probable construction costs prepared by hiERP.; 1 FRASER. When these items have been approved by the CITY and the COUNTY, a Notice to Proceed will be issued for the CONSULTANT to proceed with the following tasks: ITEM 4 - CONTRACT DRAWINGS AND SPECIFICATIONS: Preparation from the approved Design development documents of Contract Drawings and Specifications that w comply with all applicable codes and ordinances, (including the State energy Code and the "American Standard Specifications for Making Building and Facilities accessible to, and usable by, the Physically Handicapped, "No. A117.1 -1961, as modified by other standards prescribed by the Secretary of Education or the U.S. Administrator of, General Services (42 CFR 101 -19.6) necessary for bidding and construction purposes including the architectural, structural, mechanical, electrical, civil, site development, landscaping and other work to be performed. CONSULTANT shall also provide a color schedule of all finish materials, furnishings and accessory items in the project for OWNER'S review and approval. CONSULTANT shall provide seperate specification documents suitable for bidding of the furniture, accessories and graphic items. A final cost estimate prepared by an INDEPENDENT ESTIMATOR is to be provided at 95% completion of contract documents as part of this work together with an estimate of cost for furnishings and equipment. Within five (5) days following completion of, the Contract Documents, CONSULTANT shall deliver to COUNTY the original drawings and contract specifications which shall be reproduced by the COUNTY for bidding purposes. the original Contract Documents will be returned to CONSULTANT prior to completion of construction for CONSULTANT'S use in recording "As Built" construction changes per Item 6. ITEM 5 - BUILDING PERMIT PROCESS: consultant shall prepare and submit to the CITY COMMUNITY DEVELOPMENT DEPARTMENT an application for a no fee Building Permit. CONSULTANT shall conform contract documents to requirements for approval and issuance of the Building Permit by the CITY COMMUNITY DEVELOPMENT DEPARTMENT. ITEM 6 - BID ADMINISTRATION: CONSULTANT shall assist the OWNER during bid period insofar as clarification and interpretation of Contract Documents and pr,,pW-i!.'ion of addenda and clarification documents as required. REV 1 ITEM 7 - CONSTRUCTION ADMINISTRATION: The CONSULTANT will endeavor to secure compliance by contractor with the contract and applicable requirements, but does not guarantee the performance of the contractor. The CONSULTANT shall provil,',. gene; °�I administration of the construction contract, including periodic inspectfe at the site as CONSULTANT deems necessary to render architectural observation whi li is distinguished from continuous personal inspection; make regular reports as may be required by applicable public agencies; keep the OWNER informed through communication as necessary with the COUNTY PROJECT COORDINATOR of the progress of construction, review schedules and shop drawings for compliance with designs; assist in preparation of change orders; approve substitutions of materials and equipment, and review the laboratory" reports thereof; examine and verify contractor's application for payment; determine date of substantial completion and make final inspection of the project (with actual presence of representatives of CONSULTANT as specified by OWNER). ITEM 8 - RECORD DOCUMENTS AND POST CONSTRUCTION ADMINISTRATION: Within thirty (30) days following completion of the project and before final payment is made to CONSULTANT, CONSULTANT shall deliver to COUNTY the original drawings and a set of specifications in "As- Built" form showing ALL changes in construction, materials, dimensions, locations, and installed equipment and other information necessary to fully describe these changes. These drawings and specifications shall be OWNER'S property. CONSULTANT shall be entitled to rely upon records maintained by CONTRACTOR(S) unless CONSULTANT has knowledge that such is incorrect. CONSULTANT shall also provide at the OWNER'S request, advise to the OWNER on apparent deficiencies in construction following the acceptance of work and prior to expiration of the one year guarantee period of the contractor's work. REV is /5356o/J #1 12/20/85 COUNTY EXHIBIT "B" - PAYMENT SCHEDULE PPOVf S.I011S FOR PAYMENT: OWNER will pay CONSULTANT a fixed. fee to equ;i3 $1711.1ii?.00 for work contracted for in this Agreement based on the following: I. EIVIRONMENTAL DESCRIPTION DATA AND SCHEMATIC APPROVALS: Upon completion .iF any mitigation.measures resulting from the City's Environmental Review as required. Upon completion of Schematic Approval Tasks as indicated under "Responsibilities of Consultant ", and upon approval and certification by the PROJECT COORDINATORS and the DIRECTOR OF GENERAL SERVICES, OWNER will pay CONSULTANT a sum equal to 10% of the foregoing fixed fee. 2. DESIGN DEVELOPMENT: Upon consummation of Design Development as indicated under "Responsibilities of Consultant" and upon approval and certification by the PROJECT COORDINATORS and the DIRECTOR OF GENERAL SERVICES, OWNER will pay CONSULTANT a sum which, when added to the previous payments, equals 20% of the foregoing fixed fee. 3. CONTRACT DRAWINGS AND SPECIFICATIONS: a. 50% Complete: Upon approval and certification by the PROJECT COORDINATORS and the DIRECTOR OF GENERAL SERVICES, OWNER will pay CONSULTANT a sum which, when added to the previous payments, equals 50% of the total fixed fee aforesaid when he working drawings and specifications previously authorized in writing by the County have been 50% completed. b. 100% Complete and Submitted for Permit: OWNER will pay a sum which, when added to the previous payments, equals 65% of the total fixed fee aforesaid, when the working drawings and specifications have been completed and application for a Building Permit has been made to the CITY COMMUNITY DEVELOPMENT DEPARTMENT. c. Final Approval: OWNER will pay CONSULTANT a sum which, when added to the previous payments, equals 72.5% of the total fixed fee aforesaid, when a Building Permit has been issued and the BOARD OF SUPERVISORS of the COUNTY and the CITY COUNCIL of the CITY have approved the working drawings and specifications for the purpose of ordering a contract to be put to bid. 4. CONTRACT AWARD /DATE: When bids on the proposed construction contract have been presented to the BOARD OF SUPERVISORS and the CITY COUNCIL and the. contract has been awarded to a bidder, or if the Board or Council shall reject bids, REV 1 �1 \ J even though there is a reasonable bid within the tentative cost figure for face project, OWNER will pay CONSULTANT on approval. and certification by the PRO,JI!::r CMIMINIATORS and the DIRECTOR OF GENERAL SERVICES a sum which, when added to previou-s payments, equals 82.5% of the said total fixed fee. if the lowest responsible bid for the construction phase of the project received by COUNTY exceeds the tentative construction cost figure for the project (exclusive of furnishings), which is $2,595,000.00, CONSULTANT shall, upon request from OWNER through a Notice to Redesign, revise the contract documents and perform any item of service necessary without cost to OWNER, so as to bring the cost of the project within the tentative construction cost figure, and CONSULTANT shall prepare the necessary contract documents to readvertise for bids, all without cost to OWNER unless OWNER approves an increase in the Project Budget prior to bidding or agrees to accept cost overruns. If the project does not proceed to bid within a fifteen month period from date of this Agreement, the construction cost and CONSULTANT'S fee will be adjusted by a mutually agreeable inflation factor. CONSULTANT is allow thirty (30) calendar days from Notice to redesign to completion and acceptance or revised documents. This time is in addition to that specified in Article 6. The furniture budget for the Library and Community Room is $260,230.00, which is not subject to the preceeding redesign clause. 5. GENERAL ADMINISTRATION: a. 50% Complete: When the progress payments to the contractor or contractors on the construction job equal 50% of the total contract price involved in all construction contracts, OWNER will pay to CONSULTANT on approval and certification by the PROJECT COORDINATORS and the DIRECTOR OF GENERAL SERVICES, a sum which, when added to previous payments, equals 92.5% of the total fixed fee aforesaid. In the event a bid is not let by the OWNER for any of the work of this project, then OWNER shall not be obligated to make the payment in this item nor any payment under the succeeding items of this article. b. Complete: When the Notice of Completion has been filed by the OWNER on the construction project in total, the. OWNER will pay to CONSULTANT a sum which, when added to all previous item payments, equals 97.5% of the total fixed fee aforesaid. RL-Vl ° .J 6. AS -BUILT DRAWINGS AND SPECIFICATIONS: Upon delivery of "As- built" drawinf;s and specifications by CONSULTANT to COUNTY, as required in.Exhibit "A ", OWNED will Hay to CONSULTANT, upon approval and certification by the PROJECT COORDINATOf" :.rd Lhe DIRECTOR OF GENERAL SERVICES, a sum which, when added to all previous pay rants itemized above, equals 100% of the total fixed fee aforesaid. 7. CONSULTANT'S RATE SCHEDULE: Any additional work as authorized by this Agreement shall be based on he following rate schedule: A. Time.and Principal and Employees at the fixed hourly rates of: Principal $70.00 Project Manager $35.00 Drafts Person $22.50 to $27.50 depending on classification Secretarial, Clerical $20.00 B. Travel time is charged at 1/2 the Principal's or Employee's regular hourly rate. r C. Engineers and other professional consultants at the same amounts billed to Merriam Fraser for such services. D. Reimbursable expenses amounts expended for the following items will be billed at cost: 1. Long distance telephone calls and telegrams. 2. Expense of overtime work requiring higher than regular rates if authorized by Owner in advance. 3. Reproduction -- prints, copies, etc. B. REIMBURSEMENT BETWEEN CITY AND COUNTY: It is expressly understood by all parties hereto that COUNTY shall pay all properly authorized funds to CONSULTANT with CITY reimbursing COUNTY in the amount of 50% of all said payments. js /5356o/J #1. 12 -20 REV 2