HomeMy WebLinkAbout06/04/1996, C-5 - SAFETY ELEMENT UPDATE JOINT POWERS AGREEMENT r r
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CITY OF SAN LU I S OBIS PO
0
FROM: Arnold B. Jonas Community Development Director
Prepared By: Glen Matteson, ssociate Planner
SUBJECT: Safety Element Update Joint Powers Agreement
CAO RECOMMVIENDATION
Approve, and authorize the Mayor to execute, a joint powers agreement (JPA) with the County
and participating cities, for updating the General Plan Safety Element, with the City's cost share
of consultant services to be $16,671.
DISCUSSION
This year's work program calls for updating, and combining, the City's Seismic Safety Element
(1975) and Safety Element (1978). The combined Safety Element will assess risks from sources
such as earthquakes, floods, fires, and hazardous materials transport, and provide land use policies
to minimize threats to life and community disruption. Updating the Safety Element will require
updating the City's information regarding hazards. Doing so requires several technical surveys
of the area in and around the City. Several other cities in the county, and the County itself, want
to update their safety elements. To economize on the technical services required, the County and
interested cities have agreed to share the cost of consultant services. San Luis Obispo is
participating in this venture. The County is administering the consultant contract with guidance
from participating cities. The JPA is the formal agreement among the County and participating
cities that enables this combined effort. Fugro West was recently selected as the primary
consultant, with Cal Poly's Landscape Architecture Department helping with Geographic
Information System mapping. The agreement provides for a focused, program-level
environmental impact report(EIR), though a negative declaration may be sufficient for the City's
portion of the update.
FISCAL EWPACT
The City's total cost for consultant services provided through the JPA will be $16,671.43. This
amount was determined by prorating participating agencies' shares of the total $110,000 cost,
based on 1994 populations. In July 1995, the City deposited with the County $16,250, so
$421.43 remains to be paid. The current budget (account number 4040-1()0-053) identifies
$18,100 as the total direct cost for the update, including consultant services, a document filing fee
(which probably will not be required), and printing. The budgeted amount will cover the direct
costs. The City will have indirect costs, such as staff time for review of consultant work,
reformatting the final document, and participating in the required public hearings for adoption,
which are covered by current departmental budgets, mainly Community Development.
Council Agenda Report- Safety Element Update-JPA
Page 2
ALTERNATIVES
The Council May reject the JPA or direct-staff to pursue substantial Chang_e§, though such actions
would.not:6e consistent with previous direction,
The-Council inay continue action,.
Attachments
Draft JPA for preparation of county and cities-safety element update and EIR
Council Reading File
Consultant services contract (Fugro.West and Cal Poly)
CAR=JPA:SAF
JOINT POWERS AGREEMENT AMONG THE
COUNTY OF SAN LUIS OBISPO AND THE CITIES
OF ARROYO GRANDE, ATASCADERO, GROVER BEACH,
EL PASO DE ROBLES, MORRO BAY, AND SAN LUIS OBISPO
FOR PREPARATION OF COUNTY AND CITIES SAFETY FI•F.M qT
UPDATE AND PROGRAM LEVEL ENVIRONMENTAL IMPACT REPORT
THIS JOINT POWERS AGREEMENT is made and entered into this
day of , 1996,by and between the COUNTY OF SAN LUIS
OBISPO, hereinafter called COUNTY, and the cities of ARROYO GRANDE, ATASCADERO,
GROVER BEACH, EL PASO DE ROBLES, MORRO BAY, AND SAN LUIS OBISPO,
hereinafter called CITIES, under and pursuant to Section 6500 et seq., of the Government Code.
WITNESSETH:
WHEREAS, COUNTY and CITIES desire to undertake certain surveys, studies
and plans leading to the development of updates to the Safety and Seismic Safety Elements of
their General Plans as consolidated Safety Elements pursuant to Section 65302 of the
Government Code; and,
WHEREAS, COUNTY and CITIES wish to prepare an integrated,program level
environmental impact report (EIR) for the consolidated and updated Safety Elements of their
General Plans to evaluate any impacts associated with mitigation measures resulting from the
adoption of policy programs to reduce potential safety hazards, in order to promote informed
decision-making; and,
WHEREAS, it will avoid duplication of efforts, minimize expense, and be of
benefit to the citizens of COUNTY and CITIES to jointly agree for the execution of one contract
for the preparation of updates to said Safety Elements of their General Plans and program level
EIR and one contract for geographic information system (GIS) mapping services in support of
said updates; and,
WHEREAS, the Planning or Community Development Director of each City and
the Director of the County Department of Planning and Building have reviewed and have had
opportunity to comment on the tentative Work Program for the preparation of the Safety Element
updates and program level EIR; and
WHEREAS, FUGRO WEST, INC., a California Corporation (hereinafter
Consultant) is engaged in the business of geotechnical, environmental, engineering and planning
analysis and preparation of Safety Elements and represents that it is qualified to offer its services
as consultant in the preparation of said updates to the Safety Elements and program level EIR;
WHEREAS, the CALIFORNIA POLYTECHNIC STATE UNIVERSITY
(hereinafter University), through the Landscape Architecture Department, which is engaged in
the business of providing GIS mapping services and preparation of digitized map products,
represents that it is qualified to offer its services as consultant in the preparation of GIS mapping
in support of said updates to the Safety Elements and program level EIR;
NOW, THEREFORE, IT IS MUTUALLY AGREED
I. The sole purpose of this Agreement is to provide a vehicle by which the
parties hereto may cooperate in the preparation of the updates to Safety Elements of their
respective General Plans and a program level EIR, and no party to this Agreement intends or
does hereby assume any of the debts, liabilities or obligations of any party hereto.
2. The COUNTY, upon approval by the San Luis Obispo County Board of
Supervisors, for and on behalf of COUNTY and CITIES, is hereby designated and empowered
as the party to negotiate and execute contracts with Consultant and University for the preparation
of said updates to the General Plan Safety Elements and a program level EIR, in a total amount
not to exceed $110,000.
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3. COUNTY, or such person as the COUNTY may designate, is hereby
designated as the party charged with the administration and enforcement of said contracts on
behalf of the COUNTY and CITIES.
4. COUNTY and CITIES shall contribute funds in accordance with Exhibit
"A", (Cost Contribution Obligation), which exhibit is attached hereto and hereby incorporated
herein by reference as though here fully set forth, for payment of the obligation incurred under
the contracts which are the subject of this Agreement, and none of the parties to this Agreement
shall be liable to any person or agency for the share of any other such parties; and provided that
the liability of COUNTY and CITIES to contribute funds hereunder shall be limited to the
amounts set forth in Exhibit "A".
5. The amount of money to be expended pursuant to said contracts shall not
exceed a total of$110,000 except by written amendment to this Agreement concurred in by all
parties hereto.
6. Within 90 days of execution of the contracts, the Treasurer of the County
of San Luis Obispo shall receive and receipt for all money contributed by COUNTY and CITIES
pursuant to this Agreement. These monies will be maintained in a trust fund by the Auditor and
appropriated to the County Department of Planning and Building's budget in the fiscal year when
the expenditures occur. Amounts due on the contracts referred to herein shall be drawn upon
warrants of the Auditor of the County of San Luis Obispo. After termination of this Agreement
as provided for in paragraph 11, any surplus money on hand in the trust fund shall be returned
to the parties to this Agreement in proportion to their contribution made within 45 days from
the date of the final billing from Consultant and University.
7. Costs of additional work tasks other than those specifically set forth in the
contracts between the COUNTY and Consultant and University are the responsibility of the city
jpal.saf 4/24/96
Page 3
or county requesting the additional service and shall be borne by the county or city electing to
have such work tasks performed. Such additional work tasks shall be performed by the county
or city desiring them or through separate contract(s) between the county or city and Consultant
and University. The costs of such additional work tasks shall be above and beyond the amounts
specified in Exhibit "A" attached hereto and the maximum expenditure stated in paragraph 5 of
this Agreement.
8. COUNTY and CITIES shall each be responsible for completing at their
own expense certain activities, such as reproduction of final documents, as specified in the
contracts with Consultant and University.
9. COUNTY and CITIES shall each be responsible for furnishing information
with regard to area under their jurisdiction for use by Consultant and University including but
not limited to the following:
A. The location of critical facilities such as police and fire stations,
schools, hospitals and roadways that are designated evacuation
routes.
B. The location, capabilities and needs of emergency service
providers.
C. Information on the location of areas with hazardous or substandard
structures that may be subject to damage or collapse in the event
of an earthquake, available as a result of Senate Bill 547
implementation (unreinforced masonry building legislation).
D. Available information on past localized flooding and areas prone
to high groundwater.
E. Copies of existing safety-related ordinances and regulations.
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F. Desired Safety Element goals and any preferred policies and
implementation measures,
G. Review of suggested Safety Element policies for consistency with
other general plan elements of the jurisdiction.
H. Comments on the administrative draft issue/policy report and
technical report.
10. COUNTY and MIES and each of them shall indemnify and save harmless
the COUNTY and each other and the officers, agents and employees of each, from any and all
claims, demands, damages, costs, expenses or liability arising out of or occasioned by any act
or omission to act by such COUNTY or CITIES pursuant to this Agreement, including, but not
limited to, any act or omission to act on the part of COUNTY'S or CITIES' agents or
employees or independent contractors directly responsible to COUNTY or CrM.
11. This Agreement shall take effect upon its execution by the chairman, or
mayor, and clerks of the legislative bodies of the County of San Luis Obispo and the six
incorporated cities authorized pursuant to resolutions of such legislative bodies authorizing such
execution and shall continue until COUNTY'S contracts with Consultant and University shall
have been fully performed by the parties thereto and until the updates to the Safety Elements and
program level EIR hereunder have been completed and received by the parties hereto and all the
obligations of the parties hereto have been performed, whereupon it shall automatically
terminate.
12. Entire Agreement and Modification. This Agreement supersedes all
previous contracts and constitutes the entire understanding of the parties hereto. No changes,
amendments or alterations shall be effective unless made in writing by all parties to this
Agreement.
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13. Non-Assignment of Contract. No party to this Agreement may assign,
transfer, delegate or sublet any interest therein.
14. Enforceability. If any term, covenant, condition or provision of this
Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the
remainder of the provisions hereof shall remain in full force and effect and shall in no way be
affected, impaired or invalidated thereby.
15. This Agreement may be executed in one or more counterparts, each of
which shall be deemed an original.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as
of the day and year first hereinabove written.
CITY OF ARROYO GRANDE
By: Date:
Mayor
By: Resolution No.
Clerk
CITY OF ATASCADERO
By: Date:
Mayor
By: Resolution No.
Clerk
CITY OF GROVER BEACH
By: Date:
Mayor
By: Resolution No.
Clerk
jpal.saf 4/24/96 Page 6
a�S
CITY OF MORRO BAY
By: Date:
Mayor
By: Resolution No.
Clerk
CITY OF EL PASO DE ROBLES
By: Date:
Mayor
By: Resolution No.
Clerk
CITY OF SAN LUIS OBISPO
By: Date:
Mayor
By: Resolution No.
Clerk
COUNTY OF SAN LUIS OBISPO
By: Date:
Chairman, Board of Supervisors
By: Resolution No.
Clerk, Board of Supervisors
JOINT POWERS AGREEMENT PROVISIONS
APPROVED AS TO FORM:
JAMES B. LINDHOLM, JR.
County Counsel
By:
Deputy County Counsel
Dated:
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EXHIBIT "All
COST CONTRIBUTION OBLIGATION
Arroyo Grande $ 52759.30
Atascadero 9,304.88
E1 Paso de Robles 8,019.03
Grover Beach 4,781.42
Morro Bay 31804.87
City of San Luis Obispo 16,671.43
*County of San Luis Obispo 61.659.07
TOTAL $110,0Q.00
*County will be responsible for costs of contract
administration and limited reproduction services
as described in the Scope of Work and Work
Program exhibit of the contracts.
ADDMONAL TASKS AND COSTS
The following work tasks are not to be included within the scope of services of the contracts
between the County and Consultant and University. These tasks and any other tasks not
specifically set forth in the contracts between the County and Consultant and University shall
be the responsibility of the. County or City requesting the additional service and shall be
performed by that County or City or through separate contract(s) with the Consultant or
University. The cost of such additional service shall be borne by the County or Cities
desiring such tasks, and shall be in addition to the cost contribution obligation specified
above:
1. Analyses of types of safety hazards and risks that are in addition to those specified in the
Scope of Work and Work Program exhibits of the contracts.
2. Meetings and public hearings that are in addition to the three public information meetings
specified in the Scope of Work and Work Program exhibit of the contracts.
3. Reproduction of documents that are in addition to the type and number of documents
described in the Scope of Work and Work Program exhibits of the contracts.
4. Preparation of mapping products that are in addition to the type, number and file formats
described in the Scope of Work and Work Program exhibits of the contracts.
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C� �k1�.il.. .>�ll•I�
SAN LUIS OBISPO COUNTY AND CITIES
SAFETY ELEMENT UPDATE AND PROGRAM LEVEL EIR
CONTRACT FOR SPECIAL SERVICES
BY AN INDEPENDENT CONTRACTOR
THIS CONTRACT is made and entered into on this day of , 1995, by and
between the COUNTY OF SAN LUIS OBISPO, a political subdivision of the State of California
[hereafter "County"], acting in conjunction with the cities of Arroyo Grande, Atascadero,
Grover Beach, Morro Bay, El Paso de Robles and San Luis Obispo (hereafter "Cities"), and
FUGRO WEST, INC., a California Corporation [hereafter "Consultant"].
WITNESSETH:
WHEREAS, the County and Cities have the need for consultant services and advice in
preparation of general plan Safety Elements and related planning matters by updating and
consolidating the existing County and Cities Seismic Safety Elements and the existing 1977
Regional Safety Element and preparing a program level environmental impact report (hereafter
"EIR") on the updated Safety Elements; and .
WHEREAS, the Consultant represents that the persons performing the services for this
contract are. specially trained, experienced, expert and competent to perform such special
services of completing the Safety Element update and program level EIR; and
WHEREAS, it is understood that the Safety Element update and program level EIR
prepared are to be independent, objective and unbiased work products. Consultant warrants that
the Consultant, the subcontractors and real persons working on this contract have no conflict of
interest. with this project and will produce an independent, objective and unbiased work product;
and
WHEREAS, it is understood that Consultant, the officers and employees of Consultant,
suboontractors and the officers and employees of the subcontractors will comply with all
applicable federal or state laws while performing this contract; and
WHEREAS, it is understood that Consultant shall be an independent contractor of the
County.
NOW, THEREFORE, in consideration of the covenants, conditions, and agreements, and
stipulations set forth herein, the parties agree as follows:
I. PREPARING THE SAFETY ELEMENT AND PROGRAM LEVEL EIR
A. DUTIES OF THE CONSULTANT
1. The Consultant shall provide to the County the special services that are outlined
in the approved scope of work dated March 26, 1996 [hereafter "proposal"],
which document is attad in' Exlubl "A" hereto and incorporated by this
reference as if set forth in full at this point except that the terms regarding costs
and payment are included for information purposes only. To the extent there may
be conflict between terms expressed—'M Exhibit -" ei`and' the specific terms
expressed in this contract, the terms expressed in this Contract shall control.
2. The proposed work program and scope of services shall be generally divided into
the following tasks and milestones.
Contract execution/project initiation (milestone 1)
Task 1. Kickoff meeting
Task 2. Data review
Task 3. Identify issues and opportunities
Task 4. Provide descriptions of hazards (milestone 2, tasks 14 inclusive)
Task 5. Identify critical facilities
Task 6. Prepare hazard maps
Task 7. Provide hazard reduction and planning policies
Task 8. Prepare an administrative draft Issue/Policy Report and Technical
Report and Executive Summary (milestone 3, tasks 5-8 inclusive)
Task 9. Prepare a draft Issue/Policy Report and Technical Report (milestone 4)
Task 10. Prepare a draft program level EIR (milestone 4)
Task 11. Public participation
Task 12. Respond to review comments and prepare final documents (milestone
5, tasks 11 and 12 inclusive)
Project close-out (milestone 6)
The. tasks are further described in Exhibit "A". The time of performance is
further described by the milestones in paragraph I.C.2 below. The San Luis
Obispo County Director of Planning and Building [hereafter "Director"] must
approve each written product required in each task for the task to be complete.
The Director will notify Consultant of approval of written products and of
completion of a task. The Director approval may either be orally or in writing.
3. The Consultant shall submit an itemized billing to the County after each milestone
of tasks is completed.
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B. DUTIES OF THE COUNTY
1. The County will make available to the Consultant those documents referenced in
Exhibit "A" pertaining to the proposed project:
2. The Director will review the drafts and finals of each written product and inform
the Consultant as to whether or not the Director has approved the product. If the
Director does not approve the product, the Director will provide instructions to
the Consultant.
3. The Director will inform the Consultant when each Task has been completed to
. the satisfaction of the Director.
4. The County will provide for payment to the Consultant as provided by the terms
of this Contract.
5. The County will make all documents referenced in Exhibit "A" pertaining to the
proposed project and provide all instructions and approvals required of the County
within two weeks (fourteen calendar days) from receipt of request submitted in
writing by the Consultant.
Where the request is for background or technical information and this information
is simply not available or feasible to obtain, the Scope of Work as contained in
Exhibit "A" or the time frame for completion of the individual Task, milestone
or the project as a whole may be revised by mutual consent of the Consultant and
the Director.
Where the request is to obtain approval for the completion of a Task from the
Director, and where approvals are denied or exceed the fourteen day time period
referenced above, the Scope of Work as contained in Exhibit "A" or the time
frame for completion of the individual task, milestone or project as a whole may
be revised by mutual consent of the Consultant and the Director.
Should the Director deny approval of an individual Task, the time period for
completion of the individual Task, milestone and the contract as a whole shall be
suspended pending a successful completion of the Task. The County may,
however, determine that it is in the best interest of theproject to proceed with the
remaining Tasks and revise the Scope of Work as contained in Exhibit "A" or the
time frame for completion of the individual Task, milestone or project as a
whole. These revisions shall be by mutual consent of the Consultant and the
Director. Failure to reach agreement on changes in the Scope of Work or the
time of completion within thirty days provides a basis for termination of the
contract by the Consultant as specified under Paragraph IV.H.2.
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C. PAiiMWM
1. Coun 's Maximum Cost. If a final product is delivered to the Director and
approved by the Director, the County will pay the Consultant a maximum of
ninety-five thousand dollars ($95,000.00). This is a lump sum contract. Itis not
a time and materials contract. The County will pay Consultant in staged
payments following the completion of each milestone listed in paragraph I.C.2
below. The Director shall advise Consultant when each milestone has been
completed to the satisfaction of the Director. The Consultant shall submit
itemized statements after notification that the milestone is completed.
2. Time of Payment. The County shall be obligated to pay Consultant the staged
payment increment set forth in the table below only after completion of the
appropriate milestone task(s) to the satisfaction of the Director. Payment shall
be due within 30 days of the Director's approval of the milestone task(s).
Approval of the milestone task(s) shall not be withheld unreasonably. The
amount that shall be paid upon completion of a milestone shall be as follows:
Milestone
`Timeframe' (from
Payment
contract ezecut►on)
Increment
1. Contract execution/
10 working days after
10%
project initiation
execution of contract
($9,500)
2. Provide descriptions of
4 months
25%
hazards
($232750)
3. Admin. draft
8 months
30%
Issue/Policy Report &
($28,500)
Technical Report &
Executive summary
4. Draft Issue/Policy
12 months
15%
Report & Technical
($142250)
Report & draft EIR
5. Respond to review
16 months
10%
comments and prepare
($92500)
final documents/FEIR
6. Project close-out (post
22 months
10%
hearing)
($9,500)
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3. Early Termination Payment.. If the contract is terminated prior to the
completion of the final . product, the County will pay Consultant for work.
performed on the contract from execution to date, but not to exceed the maximum
amount due for the staged payments above for each completed and approved
milestone plus a percentage of the maximum amount for the milestone currently
being performed based *on the amount of work performed for that milestone. The
percentage of the work performed on the current stage in progress may be based
on the hours and materials expended.
H. MEETINGS AND HEARINGS
In this contract, the Consultant's attendance at meetings and hearings and reimbursement
for hours and costs -for attendance at meetings and hearings is included in the proposal,
Exhibit "A", and in the maximum amount listed in paragraph I.C.1 above.
III. TIME OF COMPLETION
The sequence and time for completion of each item of a task, including written products,
is listed in the'proposal, Exhibit "A", and paragraph I.C.2 above, unless otherwise
specified in writing by the Director. This Contract shall commence when the last party
to the contract signs the contract and County approves insurance required under
paragraph IV.D below. This contract shall be completely performed by Consultant not
later than February 16, 1998 unless modified under the conditions of Paragraph B.,
"DUTIES OF COUNTY" or unless the starting date has been delayed by. the failure of
the County to sign the Contract or approve insurance forms required of and provided by
the Consultant.
IV. GENERAL CONDITIONS ..
A. INDEPENDENT CONTRACTOR.
Consultant shall be deemed to be an independent contractor of County. Nothing
in this Contract shall be construed as creating an employer-employee relationship
or a joint venture relationship between the County and Consultant. Nothing in
this Contract authorizes, or permits, the County to exercise discretion or control
over the professional manner in which Consultant performs the services which are
the subject of this contract; provided always, however, that the services to be
provided by Consultant shall be provided in a manner consistent with all
applicable standards and regulations governing such services.
B. NO ELIGIBILITY FOR FRINGE BENEFITS.
Consultant understands and agrees that its personnel are not, and will not be,
eligible for membership in or any benefits from any County group plan for
hospital, surgical, or medical insurance, or for membership in any County
retirement program, or for paid vacation, paid sick leave, or other leave, with or
without pay, or for any other benefit which accrues to a County employee.
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C-. MEMNMCATION.
(1) Except as provided in paragraph (2) below, Consultant shall defend,
indemnify and save harmless the County of San Luis Obispo, the Cities, their
officers, agents and employees, from any and all claims, demands, damages,
costs, expenses, judgements or liability arising out of this Contract or attempted
performance of the provisions hereof, including but not limited to those
predicated upon theories of violation of statute, ordinance, or regulation,
professional malpractice, negligence, or recklessness including negligent or
reckless operation of motor vehicles or other equipment, furnishing of defective
or dangerous products or completed operations, premises liability arising from
trespass or inverse condemnation, violation of civil rights and also including any
adverse determination made by the Internal Revenue Service or the State
Franchise Tax Board with respect to Consultant's "independent contractor" status
that would establish a liability for failure to make social security and income tax.
withholding payments, or any act or omission to act, whether or not it be willful,
intentional or actively or passively negligent on the part of Consultant or his
agents, employees or other independent contractor directly responsible to
Consultant; providing further that the foregoing shall apply to any wrongful acts
or any active or passively negligent acts or omissions to act, committed jointed
or concurrently by Consultant or Consultant's agents, employees or other
independent contractors and the County or cities, their agents, employees or
independent contractors. Nothing contained in the foregoing indemnity provision
shall be construed. to require indemnification for claims, demands, damages,
costs, expenses or judgements resulting solely from the negligence or willful
misconduct of the County or Cities.
(2) If any claim, demand, litigation or other challenge to the County is brought
alleging a deficiency with the County's or Cities' compliance under the California
Environmental Quality Act, the County and Cities shall provide the initial legal
response to such challenge and shall give the Consultant notice of the challenge
within 10 business days of the County's or Cities' receipt of the challenge. If the
case moves to litigation, the County and Cities shall provide the attorneys to
defend the action. However, the Consultant shall assist in the defense by
providing any and all documents, personnel who worked on the project, including
sub -Consultants, and any other in-house expertise that can assist the County and
Cities in preparing for and presenting the defense to the CEQA challenge. Such
assistance shall be at no cost to the County or Cities, and shall continue until the
CEQA challenge is finally resolved. If the environmental study or documents
need to be upgraded or modified, the Consultant shall accomplish the same at no
cost to the County and Cities, unless the. Consultant has advised the County and
Cities in writing of the need to upgrade or modify the study or documents and the
County and Cities have declined to follow the advice of the Consultant. 'If the
County, Cities, Consultant or anyone in Consultant's chain of contractual privity
is found to be liable for the claim, demand, challenge or litigation, including
attorney's fees, the Consultant shall reimburse the County and Cities in
accordance with the percentage of fault attributed to the Consultant. The
reimbursement to the County and Cities shall include a reimbursement for the
County's a amities' attorney's fees and costs of c, ading the suit apportioned
by the same percentage of fault.. if the percentage of fault is not included in a
judgment, the percentage of fault shall be determined by agreement between the
County and Cities and the Consultant or arbitration. Arbitration shall be in
accordance with the California Code of Civil Procedure, section 1280 et seq.
D. INSURANCE.
Consultant shall not perform any work under this Contract until it has obtained
insurance complying with the.provisions of this paragraph, delivered a copy of
each insurance policy to the County, and obtained County approval of all such
policies. Said policies shall be issued by companies authorized to do business in
California. Consultant shall maintain said insurance in force at all times. The
following coverages with the following features shall be provided:
1. Comprehensive Liability Insurance and Automobile Insurance.
Consultant shall maintain comprehensive general and automobile liability
insurance, which shall cover claims arising from bodily and personal
injury, including death resulting therefrom, and damage to property,
resulting from any act or occurrence arising out of Consultant's operations
in the performance of the contract, including, without limitation, acts
involving automobiles. The policy shall provide not less than
$1,000,000.00 single limit coverage applying to bodily and personal
injury, including death resulting therefrom, and property damage. The
following endorsements must be attached to the policy:
a. If the automobile policy covers on an "accident" basis, it must be
changed to an "occurrence" basis.
b. The Comprehensive Liability Insurance policy must cover personal
injury as well as bodily injury.
C. The Comprehensive Liability Insurance policy must have blanket
coverage of contractually assumed liability, subject to the
limitations of the policy.
d. The policy must have a "Cross Liability" ("Severability of
Interests") endorsement such that each insured is covered as if
separate policies had been issued to each insured.
e.. The County of San Luis Obispo and the Cities, their officers,
employees and agents shall be named as additional insureds under
the policy, and the policy. shall provide that ithe insurance will
operate as primary insurance and that, no other insurance effected
by the County and Cities will be called upon to contribute to a loss
hereunder.
2. Professional Liability Insurance: Consultant shall maintain in full force
and effect during the entire term of this Contract, professional liability
"errors and omissions" insurance with limits of liability of not less than
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I
$1._,,000.00 per occurence to cover all sc.__ ices rendered by Consultant
pursuant to this Contract. Where claims made coverage is provided; a tail
of four (4) years shall be provided.
3. Workers Compensation Coverage. In accordance with theprovisions of
§ 3700 et seq. of the Labor Code, Consultant is required to be insured
against liability for workers compensation or to undertake self-insurance.
Consultant agrees to comply with such provisions before commencing
performance'of the work covered by this Contract.
4. Certification of Coverage. Prior to commencing work under this
contract, Consultant shall furnish County with the following for each
insurance policy required to be maintained by this contract:
a. A copy of the entire policy and not just the face sheet or proof of
coverage (except that no copy of Consultant's workers
compensation policy need be provided).
b. A certificate of coverage including certification that the policy will
not be canceled or reduced in coverage or changed in any other
material aspect without thirty (30) days prior written notice to the
County.
5. Effect of Failure or Refusal. If Consultant fails or refuses to procure or
maintain the insurance required by this contract, or fails or refuses to
furnish County with the certifications' required by subparagraph 3(b)
above, County shall have the right, at its option; to forthwith terminate the
Contract for cause.
E. WARRANTY OF CONTRACTOR.
Consultant, its officers and employees, and subcontractors will comply with all
applicable federal or state laws while performing this contract. Consultant
warrants that it, and each of the personnel employed or otherwise retained by
Consultant, will at all times be properly certified and licensed under the laws and
regulations of the State of California to provide the special services herein agreed
to. Consultant warrants that the persons performing the services for this contract
are specially trained, experienced, expert and competent to perform such special
services of preparing the Safety Element update and program level EIR.
Consultant warrants that the Consultant, its subcontractors and real person
working on this contract have no conflict of interest with this project and will
produce an independent, objective and unbiased work product.
F. NON -ASSIGNMENT OF CONTRACT.
Inasmuch as this Contract is intended to secure the specialized services of the
Consultant, Consultant shall not delegate its obligations under this Contract and
shall not assign or otherwise transfer its rights under this Contract or any interest
therein without the prior written consent of County. Any such assignment,
transfer, delegation, or sublet without the County's prior written consent shall be
null and void.
H
i
G. NONDISCRIMINATION.
Consultant will not discriminate, in any manner forbidden by law, against any
person employed to perform services under this contract.
H. TERMINATION OF CONTRACT FOR CAUSE.
1. If any of the following occur, County shall have the right to terminate this
Contract effective immediately upon giving written notice to the
Consultant:
a. Consultant fails to perform its duties to the satisfaction of the
County;
b. Consultant fails to fulfill in a timely and professional manner its
obligations under this contract; or
C. Consultant, or itsagents or employees, fail to exercise good
behavior either during or outside of worldng hours that is of such
a nature as to bring discredit upon the County; provided however,
that in all instances the Director has contacted the Consultant,
stating specific reasons for the dissatisfaction of the Director with
the performance of the Consultant, and the Consultant has had a
reasonable time to respond to the Director's concerns and, if any
defect in performance of the Consultant exists, a reasonable time
to cure such defect and has unreasonably failed to cure such
identified defect.
2. The Consultant may terminate this contract for cause if the following
conditions occur.
a. If a representative of the Director's staff has unreasonably failed
to perform the Director's duties under this contract in a timely and
professional manner, causing unreasonable delay within the control
of the Director; and
b. The Consultant has contacted the Director personally, stating
specific reasons for the dissatisfaction of the Consultant with the
performance of the representative of the Director's staff; and
C. The Director has had a reasonable time to respond to the
Consultant's concerns and if any defect in performance of the
Director exists, a reasonable time to cure such defect and has
unreasonably failed to cure such identified defect; and
d. The Consultant has given written notice of the Consultant's
outstanding complaints pertaining to specific defects of the
Director's performance under this contract to the Director, and
In
e. The Consultant has given written notice of the Consultant's
outstanding complaints pertaining. to specific defects of the
Director's performance under this contract to the Board of
Supervisors of the County of San Luis Obispo, and if after a
reasonable time, the Board of Supervisors fails to cure= the
outstanding defect, then the Consultant may terminate this contract
for cause.
The Board of Supervisors has a right to cure such defect in
performance within a reasonable time by causing performance or
by giving written notice to Consultant of an intention to perform
within a reasonable time thereafter. If the Board of Supervisors . .
fails to cure the defect within a reasonable time, the Consultant
may give written notice of termination for cause delivered to the
Board of Supervisors with an information copy to the Director.
I. ENTIRE AGREEMENT AND MODIFICATIONS.
This Contract supersedes all previous contracts and constitutes the entire
understanding of the parties hereto. Consultant shall be entitled to no other
benefits than those specified herein. No changes, amendments, or alterations
shall be effective unless in writing and signed by both parties, before the change
or amendment occurs. However; the Director, without need for action, approval
or ratification from the Board of Supervisors, may alter the performances
required of the Consultant, including, but not limited to the description of specific
taskings, the timing of specific taskings and the order of the specific taskings.
However, any alteration to receiving a final product, the maximum amount of
payment under paragraph I.C.1, the amount and timing of staged payments and
the ultimate time for complete performance may not be altered except with the
written consent of the Board of , Supervisors. Consultant specifically
acknowledges that in entering into and executing this contract, Consultant relies
solely upon the provisions contained in this Contract and no others.
J. APPLICABLE LAW AND VENUE.
This Contract has been executed and delivered in the State of California and
covers services to be performed in California. The parties agree that the validity,
enforceability, and interpretation of the Contract or any of its provisions shall be
determined and governed -by the laws of the State of California. All duties and
obligations of the parties created hereunder are performable in the County of San
Luis Obispo, State of California, and such County shall be the venue for any
action or proceeding that may be brought, or arise out of, this Contract.
K. SEPARABILITY.
The invalidity of any provision of this Contract shall not affect the validity or
enforceability of any other provision of this Contract.
R:
I
L. RECORDS.
Pursuant to California Government Code § 10532, every County contract
involving the expenditure of more than $10,000 in public funds is subject to
examination and audit of the Auditor General for a period of three years after
final payment under the Contract. Consultant shall maintain books, records,
documents, and other evidence, accountingprocedures, and practices, sufficient
to reflect properly all direct and indirect costs of whatever nature claimed to have
been incurred in the performance of this Contract. The foregoing constitutes
"records" for the purposes of this paragraph.. Consultant shall maintain and
preserve, until three years after termination of this contract, and permit the State
of California or any of its duly authorized representatives, including the
Comptroller General of the United States, to have access to and to examine and
audit any pertinent books, documents, papers, and records of Consultant related
to this Contract. Consultant and County shall ensure the confidentiality of any
records that are required by law to be so maintained.
M. COST DISCLOSURE - DOCUMENTS AND WRITTEN REPORTS.
Pursuant to Government Code § 7550, if the total cost of this Contract is over
$5,000.00, the Consultant shall include in all final documents and in all written
reports submitted, a written summary of costs, which shall set forth the numbers
and dollar amounts of all contracts and subcontracts relating to the preparation of
such document or written report. The Contract and subcontract numbers and
dollar amounts shall be contained in a separate section of such document or
written report.
When multiple documents or written reports are the subject or product of
contracts, the disclosure section may also contain a statement indicating that the
total contract amount represents compensation for multiple documents or written
reports.
N. NOTICES.
Any notice required to be given pursuant to the terms and provisions hereof shall
be in writing and shall be sent by first class mail to the following address as
appropriate:
1. To the Director;
Department of Planning and Building
County of San Luis Obispo
County Government Center, Room 317
1050 Monterey Street
San Luis Obispo, California 93408
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2. To the Board of Supervisors;
Board of Supervisors
County Government Center, Room 370
1050 Monterey Street
San Luis Obispo, California 93408
3. To the Consultant;
Fugro West, Inc.
1012 Pacific Street, Suite A
San Luis Obispo, California 93401
O. COPYRIGHT.
Any reports, maps, documents or other materials produced in whole or part by
the Consultant or any subconsultant or person responsible to the Consultant under
this Contract shall be the property of the County and none shall be subject to an
application for copyright by or on behalf of Consultant, subconsultant or person
responsible to Consultant during the performance of this contract.
P. CONFIDENTIALITY.
No reports, maps, information documents, or any other materials given to or
prepared by Consultant under this Contact which County requests in writing to
be kept confidential, shall be made available to any individual or organization by
Consultant without the prior written approval of County. However, Consultant
shall be free to disclose such data as is publicly available.
Q. EQUIPMENT AND SUPPLIES.
Consultant will provide all necessary equipment and supplies in order carry out
the terms of this contract.
R. ACCESS TO RECORDS AND FINANCIAL DATA.
All recorded data, preserved in any form, but not to limited to material generated
for this project or existing information compiled for this project and any financial
documents pertaining to This project are the property of the County. At the
request of the Board of Supervisors, the Environmental Coordinator, the Director,
the County Counsel, the County Administrator or the County Auditor, the
County's agents or employees have a right to access these records wherever
located during reasonable hours for up to three years after project approval.
After three years, if the Consultant wants to dispose of the background records
the Consultant shall give the County the option of taldng possession of the
records. This right to access includes the right to make copies of such
information.
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S. TERMS OF THIS CONTRACT AS CONTROLLING.
To the extent that any terms or conditions set forth in Exhibit "A", the
Consultant's Proposal, or past business practices between Consultant and County
or Director differ from the terms and conditions of this contract, the terms and
conditions expressed in this contract are controlling.
T. SOURCES AND AVAILABILITY OF FUNDS.
It is understood by the parties hereto that a portion of the funds being used for
the purposes of this Contract are, funds furnished to County through a joint
powers agreement with the Cities. Notwithstanding any other provision of the
Contract, the liability of County shall be limited to County funds available for the
project. Consultant understands that County must wait for funds to be furnished
by the Cities in accordance with the joint powers agreement before payment to
Consultant of any portion of Contract reliant upon funds from Cities. County
shall incur no liability to Consultant, its officers, agents, employees, suppliers,
or contractors for any delay in making any such payments.
FUGRO WEST, INC.
A California Corporation,
Consultant
By:
DAVID GARDNER
Vice President
STATE OF CALIFORNIA )
SS
COUNTY OF e)tt,rc )
On QQr , k 1 T , 1996, before me, the undersigned, a Notary Public in and
for the tate of Califonua, personally appeared DAVID GARDNER, Vice President of FUGRO
WEST, INC, personally known to me (or proved to me on the basis of satisfactory evidence) to
be the person whose name is subscribed to the within instrument and acknowledged to me that
he executed the same in his authorized capacity, and that by his signature on the instrument the
entity on behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
(Seal)
Name
Notary Public
My Commission Expires: < W) JC1q
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Vicki L Forman ;
0
Comm. #1974388
O
ARV PUBLIC . CALIPORN
0
vENTURA COUNTY l:
Comm. E*m Sept.. 27. 1996 j
COUNTY OF SAN LUIS OBISPO
DATE
ATTEST:
Clerk of the Board of Supervisors
DATE
APPROVED AS TO FORM AND LEGAL EFFECT:
JAMES B. LINDHOLM, JR.
County Counsel
By: A
Deputy ounty unsel
Dated: 9. I5-96
fugrocon.saf
4/4/96
-14-
By
Chairman of the Board of Supervisors
u
FUGRO WEST, INC.
Exhibit. "A"
Scope of Work
SAN LUIS OBISPO COUNTY AND CITIES
SAFETY ELEMENT UPDATE
AND
SUPPORTING MAPS AND DOCUMENTATION
-Submitted to:
DEPARTMENT OF PLANNING AND BUILDING
COUNTY OF SAN LUIS OBISPO
March 26, 1996
LO WORK PROGRAM FOR THE PREPARATION OF TIEIE SAFETY
ELEMENT
Provided below is the program that Fugro will use for the development of the San
Luis Obispo County and participating Cities Safety Element. The goal of the Safety
Element is to provide. a general overview of hazards that could effect new and existing
development and to'mmirmze potential losses resulting from those hazards. The hazard
identification and evaluation that will be presented in the Safety Element will be based on
existing literature available at the time of the preparation of the Element. No site specific
evaluations will be performed as part of the study effort. The Safety Element is
intended to be used for general land use planning purposes only and must not be
used as a substitute for detailed site investigation that is normally required for new
development.
1.1 GENERAL APPROACH
The preparation of the new Safety Element will be based on existing information
that is contained in the County and Cities Seismic Safety Elements and the Regional Safety
Element. These Elements will be consolidated and updated using more recent information
regarding geologic, seismic, fire and flood hazard conditions, along with other recent
disaster response and riskreduction programs.
It will be the objective of our work program to prepare a new Safety Element that
complies with general plan preparation requirements, is consistent with other elements of
the adopted general plans, provides the County and Cities with a planning -oriented
evaluation of geologic and safety hazards, and presents a hazard reduction policy program
that is tailored to the needs of each participating jurisdiction. To accomplish this
objective, the following tasks would be completed.
Task L Kickoff Meeting. This meeting would be held with County and City staff
members that comprise the Technical Advisory Committee (TAC) that would be
established for this project. The purpose of this meeting will be introduce key Fugro
project team and TAC members, to review the study objectives and approach, and to
obtain copies of documents that are necessary to prepare the Safety Element.
Task 2. Data Review. We will review selected published documents and maps for the
San Luis Obispo County area relative to information available for assessing geologic
hazards. The types of information that we expect to review include: the San Luis Obispo
County and City's Seismic Safety Element, the Regional Safety Element, Alquist_Priolo
Specials Studies zones, and applicable United States Geological Survey, California
Division ofMnes and Geology and Soil Conservation Service documents.. To supplement
the published data, we will also review selected in-house reports, guidebooks, proceedings
and recent disaster response and risk reduction planning documents relative to the project.
We will also rely on our local experience regarding specific geologic formation and fault
. - County and cilias of San Luis obmK
Proposal for W* Dement
96s1-fso
conditions. The information obtained from our literature review will be used as baseline
data for preparing the technical report and maps for the Safety Element.
Task 3 Identrfy Issues and Opportunities. This study effort will be conductedto
identify areas of concern related to the reduction or abatement of geologic and safety
.hazards in each of the jurisdictions that are participating in the study. This task will be
completed through meetings and discussions with the Technical Advisory Committee,
agency staff and the review of existing literature sources. Issue areas that would be
emphasized as part of this effort would include known geologic hazards and conditions,
known deficiencies or hazards that could impact critical facilities, fire hazard response
m
capabilities, flooding, dasafety and the adequacy of emergency evacuation routes. A
discussion of risk and hazard abatement will also be provided.
Task 4 Provide Descriptions of Hazards. It will not be the intent of the Safety Element
to provide complex descriptions of hazar&related phenomenon and characteristics. For
each hazard that is addressed in the Element, a concise description of the causes and
effects of each hazard will be provided. The language and presentation will be oriented
towards persons with only a limited background in hazard and safety evaluations The
level of detail regarding hazard characteristics that will be provided will be sufficient to
foster a fundamental understanding of local hazard issues and to provide a data base. of
existing conditions in the study area. This approach will avoid "text book" discussions of
hazards and will facilitate future planning efforts and the environmental review of
development projects.
At minimum, the hazards that are to be evaluated in the Safety Element are listed
below.
Geologic and Seismic Hazards
Ground rupture from faulting
Ground shaking
Liquefaction
Seiche
Tsunami
Landslide and Slope Stability
Structural Hazards
Coastal Erosion
Water Hazards
Flooding
Dam inundation
Fire Hazards
• Wildfire
Urban fires
Other Hazards
• Electromagnetic Field Hazards
• Evacuation Routes
VA
County and Cities of San Luis Obe
Proposal for Safety Element -
96.61-0190
• Nuclear Emergency
• .Aircraft Safety
• Hazardous Materials
• Radon
Task S Identify Oifieal Facafties. Critical facilities are generally considered to be those
structures and services that are necessary to provide emergency services after a major
disaster, such as police and fire stations, and hospitals. Utility and "lifeline" services, such
as utility systems, communication networks and transportation systems are also critical
facilities. Public buildings were people tend to concentrate, such as schools and
government buildings may also be considered to be critical facilities.
The identification of critical facilities will be conducted in conjunction with County
and City staff. Fugro will assist in this of ort by providing questionnaires of the type of
information about these facilities that is necessary to complete the Safety Element. For
budgeting purposes, we have assumed that the only critical facilities that would be
depicted on hazards maps would generally include police and fire stations, schools,
hospitals, and roadways that are designated evacuation routes. Based on information
provided by the participating jurisdictions and our review and mapping of known hazards,
facilities that warrant special protection from hazards will be identified, along with
measures that could be implemented -to reduce potential impacts.
Task 6. Prepare Hazard Maps In addition to the descriptions of each hazard and its
implications for planning purposes, areas that are susceptible to each type of hazard will be
described and mapped, Maps will be prepared by Fugro and the Cal Poly GIS lab, under
the supervision of Mr. John Kelly at the County of San Luis Obispo. Our proposal is
developed with the intent of furthering the County's commitment to developing an
extensive GIS database. This will constitute the first County -wide General Plan Element
GIS project. The requirements of the safety element are perfectly and appropriately suited
to a GIS application.
All mapping will be presented to the County in digital form, registered to the
California state plane coordinate grid system (NAD27). Data based upon the USGS 7.5
minute quad sheet map series (1:24,000) shall identify, at minimum, the locations of the
eight (8) lat/long coordinate grid points that represent the four corners and four interior
points of the quad map. Data based on all other USGS maps (1:62,500, 1:100,000,
1:250,000) shall identify, at minimum, the locations of the four lat/long coordinate grid
points that represent the comers of each individual 7.5 minute quad map. Each geologic
hazard that is mapped will comprise a .separate data layer. Digital information shall be
submitted in a DXF or a DWG file format on 3.5" disks.
'At minimum, the following information will be depicted on maps prepared for the
Safety Element:
• Geologic formations
• Active and potentially active faults
3
• - . County end Cities of San Luis Obis;
Proposal for safety Element
se -et -also
CC
• Seismicity
• Liquefaction hazard areas
• Seiche hazard areas
• Landslide hazard areas
• Flood -prone areas (including 100 -year flood plains)
• High water data points
• Dam inundation areas
• Critical facilities
• Emergency response facilities
• High fire hazard areas
• Emergency response time contours
Fugro will work with County and City staff to the extent possible to provide map
products that meet the needs of each jurisdiction. To maximize the effectiveness of the
proposed mapping program effort will be concentrated in areas of the County with the
highest population and development area. Work products that would result from this
priority=based coverage intensity are outlined below.
Level One
• Cities & major unincorporated areas (Los Osos, Oceano, Nipomo,
Cayucos, Cambria, Templeton, San Miguel, Santa Margarita, and
Avila Beach).
• Everything provided on levels 2 and 3 plus:
• Unreinforced masonry building inventory
• Urban fire hazards
• Platform for highly detailed emergency response, safety issues, and
natural hazards, with instructions and recommendations for further
development
Level Two
• Specific Planning Areas (North Coast, Estero, Salinas River, San
Luis Obispo, San Luis Bay Coastal, San Luis Bay Inland, San Luis
Coastal, South County Inland)
• Everything provided on level 3 plus:
• Greater detail on geologic features (liquefaction, slope stability,
tsunami, dam inundation)
• Updated landslide information
Level Three
• Other Planning Areas - Shandon, Carrizo, Las Pilitas, etc.
• GIS platform developed with mapping at no less than 1974 levels
• Seismic data updated
• Information can be added at any time to augment levels
SEISMIC ISSUES
• The work will build upon the previous element's work
4
County and Cities of San Luis Obispp
Proposal for safety Element
9661-0190 _
• Landslide Map. Fugro will update. and expand upon the map by
incorporating data developed since 1974 and digitized onto the GIS
• Landslide Risks (This mapping will not haire changed since 1974 and will
be digitized onto the GIS)
• Seismic Hazards. The map will be updated with information about faulting
developed since 1974 and digitized onto the GIS
FLOODING
• Incorporate and expand County and FEMA mapping
• FEMA Map all floodplains and.floodways per FlRMs
• Hot -button links for severely impacted flood areas (Cambria, Morro Bay,
Los Osos, San Luis Creep etc)
• Point locations of recently recorded flood elevations
FIRE
• Urban fire hazards -vegetation and other factors
• Wildfires - vegetation, slope
• Urban/Wildland interface - areas where wildland fires present the greatest
dangers to urban structures
Isomorphic response contours from fire stations
Task 7. Provide Hazard Reduction and Planning Policies. Policies contained in each of
the Seismic Safety Elements, along with the existing Regional Safety Element and other
recent risk reduction programs, will be reviewed and where possible, consolidated into a
uniform set of policies -and implementation measures. To recognize unique hazard
characteristics that may occur in individual jurisdictions; to maintain continuity with
previous policies that have been established in each jurisdiction; and to update policy and
implementation measures to be consistent with recent study and planning efforts, each
County and City will have a separate policy program that is tailored to it's specific needs.
All policy development will be coordinated with County and City staff. Policies
will be provided that address each major hazard or issue area. It will not be the intent of
this task to completely restructure each jurisdictions hazard policy program. It will be the
intent of this task to provide policies that are concise, understandable, and implementable.
In support of the specified policies will be related measures that will provide the
framework and means for implementing the policies. All policies and implementation
measures will be presented in a.separate Issue and Policy report.
Policy formation will follow a review of each of the municipality's ordinances and
plans and how these relate to the protection of life and. structures from hazard damage.
Issues will also be solicited from each of the jurisdictions for inclusion in the analysis.
Fugro will provide its opinion in some instances as to where certain policies/practices
conflict, both within jurisdictions, and among them.
5
County and Cilias of San Luis Obis,
Proposal for Safety i3OMMA
9&61-0190
Task.B Prepare an Administrative Draft Issue/PoCicy. Report and Technical Report
and Executive Summary. A separate Administrative.Draft Issue)Poficy Report will be
prepared for the County and . each participating City. The . contents of each report is
described below.
Executive Summary. This section will provide a brief overview of issues,
hazards, and policies that have been identified for each jurisdiction. This will.
function as a"pull-out" summary for a wider distribution to the public
Issue Identification. This section will provide a description of the hazard -related
issues that were identified for each jurisdiction as part of the work effort described
in Task 3.
Goal and Policy Program This section will include the goals and policies that
were developed for each jurisdiction as part of the work effort described in Task 7.
Hazard Maps Also included in the Draft Issue/Policy Report will be generalized
hazard maps that are be based on the maps that will be prepared as part of Task 6.
A separate Technical Report will be compiled for all participating jurisdictions that
addresses potential hazards on.a County -wide basis. The Technical Report will be based
on the results of work efforts described for. Tasks 4,5, and 6, and will generally include
descriptions of the causes and effects of hazards, ways to minmi =* a the effects of hazards,
assessments of emergency response capabilities, and hazard identification maps.
When combined, the Issue/Policy Report and the Technical Report will comprise
the revised Safety Element for each participating jurisdiction.
.Task 9. Prepare a. draft issue/policy report and technical report. Based on review
comments that are submitted regarding the administrative draft issuelpolicy report and
technical report from each participating jurisdiction, Fugro will make the necessary
revisions and submit revised reports to the county. This report, along with subsequent
documents will be provided to the County in an. electronic format acceptable to the
County, such as WordPerfect version 6.X.
Task 10. Prepare a draft Environmental Impact Report. The adoption of a general plan
element is a discretionary decision that is subject to the environmental review requirements
of the California environmental quality act. The adoption of a policy program to reduce
potential safety hazards can be considered as a mitigation program, however, CEQA
requires that impacts associated with mitigation measures be evaluated to promote
informed decision making. The EIR would be prepared in accordance with the CEQA
Guidelines and EIR preparation requirements of San Luis Obispo County. The contents
of an Elk for the Safety Element are described below.
Introduction. This section would describe the purpose of the EIFt, legal.authority,
N
county and cities of San Luis Obispo
Proposal for Sgety Element
se -s1-0190
C.,
history of the project, project objectives, general CEQA requirements, responsible
and trustee agencies.
Summary. The E1R summary. would include a 'synopsis of the project
characteristics, impacts and mitigation measures.
Proled Derwiption. This section would provide a brief overview of the
participating -jurisdictions, regulatory requirements for the preparation of the
Safety Element, and a summary of recommended policies and programs. .
Environmental Setting. This section would provide a description of the general
hazard conditions in the County and hazard reduction policies that have been
adopted by the participating jurisdictions.
Environmental Impacts and Mitigation Measurer The potential environmental
impacts that were identified by the Initial Study will be evaluated in this section. If
necessary, mitigation measures to reduce identified impacts will be provided. Each
mitigation measure will provide provisions for compliance monitoring.
Growth Inducing Impacts Potential growth inducing impacts of the project will
be identified.
Alternatives: It is anticipated that the selection and evaluation of alternatives to
the project (the adoption of hazard reduction policies) will be quite limited. In
addition to the mandatory "No Project" alternative, Fugro will work with County
staff to identify one additional project alternative to be evaluated.
Other Required Sections The EIR will contain other sections required by CEQA,
such as references and preparers of the document.
Fugro will prepare -the Notice of Preparation, Administrative Draft EIR, and
respond to review comments to prepare a Draft EIR Fugro will also respond to public
and agency review comments and prepare the Final EIR. Our budget assumes that a very
limited effort will be required to respond to comments and prepare the Final M, and that
the County will be responsible for printing and distributing the EIR.
Task 11 Public Participation. The Safety Element will be reviewed by concerned
agencies and the public. Fugro staff will participate.in this review to the extent requested
by the County and Cities. Our proposed budget has assumed the participation of the key
project staff at up to three (3) public information meetings. Additional meeting and
hearing support cat' be arranged on a time and material basis.
7
County and Chios of San Luis Obi&, ,
Proposal for Safety Element
96-61.0190
Task 12 Respond to Repkw Comments and Prepare Final Documents. Fugro staff will
assist the County in responding to comments from review agencies regarding the content
of the Safety Element.
13 COORDINATION WITS COUNTY AND CITY STAFF
To meet the needs of the project within the proposed budget, Fugio proposes to
request a number of tasks be completed by County and City staff These tasks are
identified in the Technical Approach section of this proposal and include tasks such as
providing updated locations of critical facilities such as fire and police stations, hospitals
and schools; and review suggested policies and implementation measures to ensure that
the Safety Element is consistent with other general plan elements of the jurisdiction. We
will also ask jurisdictions to assist with the location and capabilities of the emergency
response providers.
8
County and Cities of San Luis Obispo C,
Proposal for Safety Element
9641-0190
2.0 TECHNICAL WORK PROGRAM
Our evaluation of potential safety hazards will generally be performed using
existing publishedmaps, reports and available information from sources such as the United
States Geologic Survey, the California Division of Mmes and Geology, The United States
Department of Forestry, Bureau of Reclamation, Pacific Gas & Electric the County and
participating Cities, and other information sources that are described in the RFP for this
project. Fugro will complete the following scope of work to prepare the Technical
Report and maps for the new Safety Element. This proposed scope of work provides for
a general evaluation of geologic hazards on the basis of review of readily available
regional information, and is not intended to encompass all possible sources_ of existing
information.
2.1 SEISMICITY AND FAULTING
The seismic and faulting conditions of San Luis Obispo County have been
continually reviewed to reflect new information obtained by various public agencies and
private development. We will consider these new data sources to update the seismic and
fault conditions of the County. Recent studies by Namson and Davis (1990) have
identified potential blind thrust faults in the Point San Luis area that are now considered
by most seismic evaluations. Significant seismic work was also performed by PG&E for
the Diablo Nuclear Power Plant since the existing. Seismic Safety Element was adopted.
Such studies have raised the seismic risk associated with the activity of the Los Osos, San
Simeon and Hosgri faults, which are considered to be active by the Alquist-Priolo Special
Study Zones Act. In addition to faulting, numerous empirically based attenuation models
that are used to estimate strong ground motion have been improved based on data
obtained. from the 1.989 Loma Prieta earthquake and the 1994 Northridge earthquake.
After background data has been compiled for the project, we will evaluate
potential geologic hazards for the County of San Luis Obispo. Geologic maps for the
County will be prepared on GIS/USGS topographic maps. The mapping will be prepared
as a composite of existing geologic maps available from selected sources obtained from
the data review. The maps will show the areal extent of mapped geologic formations,
geologic structure where available, faults, geologic formations and areas that may be
subject to landslides. Separate hazards maps will also be prepared for the County planning
areas and each . participating City. These maps will depict the general geologic
information, epicenters of historical earthquakes of M4.0 and greater, formations subject
to landslide hazards, areas with the potential to magnify the effects of ground shaking, and
other hazards.
Seismically Induced Surface Rupture. This section will -include a brief
description of faulting characteristics and terminology, along with possible effects on
2
1
County and Cities of San Luis Obi3". --
Proposal for Safety Bement
96.61-0190
structures, services and utilities. On the basis of the information obtained from our review
of existing data, we will describe mapped active and potentially active faults known to
test in San Luis Obispo County. Active and potentially active faults considered to have a
potential for fault rupture will be shown on the seismic hazards map. The mapping will
include faults and special studies zones designated by the State Geologist in the Alquist-
Priolo Special Studies Zones Act. The Act defines criteria that will be used to classify
potential fault activity based on existing information. Particular emphasis will be provided
to updating the activity and style of faulting presented in the existing Seismic Safety
Elements. Some of the significant faults that will be specifically addressed. by the Element
are: the Los Osos Valley fault, the Hosgri fault, the San Simeon fault and the Point San
Luis blind thrust fault.
Seismically Induced Ground Shaking. This section will provide a brief
overview of groundshaking hazards, such as effects on different types of structures,
geologic conditions that may exacerbate the effects of groundshaking, and relationships to
fault movement and other geologic conditions. To evaluate this hazard, we will review
fault records and historical data to describe the potential for seismically induced ground
shaking within the County. Practices for estimating strong ground motion have changed
significantly since the existing Seismic Safety Elements were adopted. Revisions of
estimated ground accelerations that may result from movement along different faults will
be emphasized as part of this work effort. To assist in evaluating strong ground motions
for potential earthquake sources, we will use the computer program EQFAULT.
EQFAULT estimates strong ground motion resulting from a maximum credible
earthquake using ' deterministic methods relative to digitized fault data. Strong ground
motion will be estimated for active and potentially active faults on the basis of mean
attenuation relationships.
We will also review historic seismic records for San Luis Obispo County. To assist
in reviewing past seismic events within San Luis Obispo County we will use the computer
program EQSEARCH, developed by Mr. Tom Blake. We will use EQSEARCH to assist
in reviewing data bases of historical earthquakes that are available with the program which
are obtained from the CDMG computerized earthquake catalogue for California and
supplemented by Townley and Allen (1939) and the USGS data base system in Denver,
Colorado. Epicenters of historical earthquakes will be shown on geologic maps. Areas
that have unconsolidated soils, that may magnify the effects of ground shaking will be
identified on the geologic maps.
Seismically Induced Ground Failure. The seismically induced ground failure
hazard of major concern is liquefaction. Liquefaction will generally occur in saturated,
loose, granular materials that are subjected to seismic shaking. For the purposes of this
study, we will identify area of potentially high ground water conditions and younger soil
deposits. (such as younger alluvium, dune sands, or beach deposits) that could contain
areas of potentially liquefiable soil. Other ground failure impacts that can result from
10
.. County and cities of San Luis Obispo'�
Proposal for safety Element
96-61-0190
0
seismic activity include slope failures and soil compaction. The evaluation of seismically
induced slope failure will be coordinated with the general evaluation of slope stability
hazards that will be contained in the Safety Element. Areas of potential ground failures
will be indicated on the seismic hazards map based on previous mapping efforts and our
review of existing geologic conditions.
Using existing geologic information, we will evaluate potential areas of
liquefaction, slope instability, and soil compaction. The evaluation will consider existing
mapped landslide areas, the propensity of geologic formations to generate landslides,
coastal bluff top stability, and the extent of younger geologic sediments that may have a
potential to liquefy or be subject to compaction in the event of an earthquake..
Seismically Induced Seiches and Tsunamis. We will evaluate the potential for
seiches and tsunamis to impact water ways, land uses adjacent to enclosed bodies of
water, and coastal areas on the basis of historical records, existing information, and studies
performed by. others (such as PG&E, and the Bureau of Reclamation). The information
reviewed will be used to describe the potential "run-up" of tsunami or seiche waters.
Areas that could be potentially impacted by such hazards will indicated on the seismic
hazards map.
2.2 LANDSLIDES AND SLOPE STABILITY
This section will describe the causes and effects of landslides, different types of
slope and earth material movement, impacts on structures, and methods that are
commonly used to control slope movement. Slope instability in the County is generally
related to the geologic characteristics of specific formations and certain geographic areas.
Regional maps prepared by United States Geologic Survey and the California Division of
Mmes and Geology, provide a relatively good mapping of major landslides in the more
populated areas of the County. In our opinion, however, relatively detailed mapping of
individual landslides is not practical for general planning purposes, and within the
proposed level of effort and County budget. Therefore, the regional geology maps will be
used as the basis for identifying areas that are prone to landslides, such as the Franciscan
melange, and Serpentine Formations. Areas with steep slopes will also be identified as
potential landslide hazard areas.
2.3 STRUCTURAL HAZARDS
Buildings and structures that cannot resist the lateral and vertical forces of an
earthquake may be subject to extensive damage, or perhaps complete failure. Property,
damage, injuries and loss of life resulting from structural damage can. be significant,
particularly when structures necessary for emergency response are damaged. After each
11
County and Cities of San Luis Obisp.
Proposal for Safety Element
95.61.0190
major earthquake, important lessons are learned regarding techniques to strengthen
buildings and structures to perform better in earthquakes.
The type of building construction of particular concern is unreinforced masonry
buildings, which tend to perform poorly during earthquakes. .In 1987, SB 547 went into
effect, and requires jurisdictions that are located in certain seismic areas to identify
potentially hazardous structures and to devise a plan to abate these hazards.
This section of the Safety Element will describe the types of structures that
typically perform well and poorly in major earthquakes. A brief description of legislative
requirements, including SB 547, will also be provided. Areas with hazardous or
substandard structures that may be subject to damage or collapse in the event of an
earthquake will be identified based on information to be provided by the County and
participating Cities. It is anticipated that this information should be available as a result of
SB 547 implementation.
2.4 COASTAL EROSION
Coastal erosion processes have the potential to result in significant impacts to
near -shore development, particularly in the communities of Cayucos and Cambria.
Coastal bluff studies have been performed for the City of Pismo Beach, .and for numerous
individual developments on the coast by Fugro and other consultants, that address coastal
erosion processes and seacliff retreat rates. This information, along with the existing
Regional Safety Element, will be reviewed and incorporated into the revised Safety
Element to describe risks associated with coastal developments and hazards.
Included in this section will be a brief description of the causes and effects of beach.
erosion and seacliff retreat, the effects of coastal structures on beach sand transportation,
tal
and the identification of coasresources, as identified by the existing Regional Safety
Element, that have the potential to be adversely affected by beach erosion.
2.5 WATER HAZARDS
Flooding. 1995 winter storms inundated marry San Luis Obispo communities,
especially Cambria.' Flood hazards and inappropriate development in the flood zone is a
key feature of the safety element. Fugro personnel in the San Luis Obispo office have
extensive first-hand knowledge of where this flooding took place and the resulting
damage. The purpose of this section is to report on the potential for flooding in the
County and set forth these findings for use in planning and policy development. The
County.can be roughly divided between its east and west halves. The western and coastal
half has several coastal streams that are prone to flooding during heavy storm events. This
flooding was most pronounced last year at this time when waters raged into communities
such as Cambria, Morro Bay, San Luis Obispo and Avila. Information developed as a
result of these storms showed that some of the prior. flood plain mapping does not
12
County and Cities of San Luis Obispo,
Proposal for Safety OMM) t
9661-0190
adequately depict the County's potential from flood .inundation. George Gibson of
County Engineering has stated that Cambria saws flood levels well in excess of 100 year
elevations when precipitation volumes were considerably less than those of a 100 year
storm. However, any information readily available from any of the - jurisdictions will be
included in the mapping.
Nevertheless,_ the foundation of the flooding analysis .in the unincorporated areas
remains with the FEMA flood insurance rate maps (PMNs). These have been digitized
(at least partly) by the County and will be incorporated into Fugro's mapping efforts.
Areas not covered by -the FIRMs will be mapped using whatever local information, as well
as topographic and ground water information, that is available. County. Engineering has
various levels of information available from past flooding events. Areas prone to high
ground water, such as Los Osos and Oceano will be included. The County Engineering
Department will have completed a detailed drainage plan for the community of Los Osos
before the Safety Element is complete, and information from the at project can be
incorporated.
Policy formation for flood plain management will follow a review of each of the
municipality's ordinances and plans and how these relate to the protection of life and
structures from flood damage. Issues will also be solicited from each of the jurisdictions
for inclusion in the analysis. Fugro will provide its opinion in some instances as to where
certain policies/practices conflict, both within jurisdictions, and among them. Fugro will
incorporate by reference many of the policy and mitigation practices. contained in the
California. Storm Water Best Management Practice Handbooks. Further, FEMA is a
client of Fugro's (we hold an open services contract with the Agency) and we will use our
contacts there to receive the latest available information on hazards
Dam Failure. The failure of a dam has the potential to result in significant loss of
resources, property damage and loss of life. Dam failure may result from seismic activity,
however, many examples of catastrophic dam failure have resulted from on-site geologic
conditions.
We will review failure studies available for existing dams in the County. Sources
will be contacted at the Division of Safety of Dams for information regarding existing
dams. Existing estimates of the areas that would be inundated in the event of a dam
failure will be depicted.
The evaluation of fire hazards for the Safety Element is to consider both urban and
wildland areas. The evaluation of the wildland fire hazard must identify and map high fire
hazard areas, identify development that has occurred or may occur in and near high hazard
areas, and describe the adequacy of access routes within the designated hazard areas. The
urban fire hazard evaluation is intended to identify potential hazard. areas, along with fire
response and suppression capabilities.
13
County and cdies a san Luis owl,... %
aioposW for Sdaly Dwrent
9681.0190
The evaluation of fire hazards will rely primarily on_ information that is contained in
the existing Regional Safety Element and input from the participating jurisdictions and fire
suppression agencies. Fugro will coordinate the role of the jurisdictions. and agencies by
preparing questionnaires that will request the information necessary to prepare updated
evaluations and policy recommendations.
WWand Free Hazard The analysis of wildland hazards will describe natural
conditions that contribute to a high fire hazard, causes and effect of fires, and will provide
an updated account of recent wildfires that have occurred in the County. Resources that
are available and programs that have been implemented to control and suppress wildfires
will also be described. Based on.information contained in the existing Safety Element and
input from the jurisdictions and agencies,. development that is located in or near wildfire
hazard areas will be described and mapped. Areas with known circulation, suppression or
similar constraints will be identified. This effort will concentrate on development that is or
may be located in wildland/urban interface areas. Existing policies to minimize the
occurrence and severity of wildfires will be reviewed, and if necessary revised.
Urban Fire Hazard The urban fire hazard evaluation will describe existing fire
response capabilities for each jurisdiction. This will include the location of fire stations,
mutual -aide agreements, and other fire control and suppression programs.. If identified by
local fire suppression agencies, the need for new or upgraded facilities, such as fire
stations, water delivery systems or access routes will be identified. The locations within
each jurisdiction where building types, access, suppression capabilities or other factors
result in a high fire hazard will be identified and mapped. This evaluation will be based on
information contained in the existing Safety Element and jurisdiction/agency input.
Radiation Hazards. Fugro will review radiation hazard information developed
for the Diablo Canyon Nuclear Power Plant. This information will be incorporated into
the safety element by reference. The plant will be located on the appropriate GIS data
layer. Also, the emergency evacuation plan for Diablo will be incorporated by reference
into the element. Fugro has worked with Korve Engineering, the firm that prepared the
evacuation plan, and will contact them for relevant information about the planning efforts:
Electromagnetic Fields (EMF). Fugro will provide a brief summary regarding
current theories and information regarding the potential for EMF to result in safety
hazards. The location of major electrical transmission lines and facilities in the County will
be depicted.
Hazardous Materials. This section will provide a brief overview of existing
regulatory programs that have been implemented for the management of hazardous
14
County and Ctitiss or San Luis Obispo
Proposal for safety EWWrd
sr}s�-otso
material and waste. Response capabilities in the. event of a hazardous materials incident
for each participating jurisdiction will also -be described.
Radon. Radon gas is emitted from certain geologic formations and has the
potential to result in adverse health effects if persons are exposed for prolonged periods.
Geologic formations in the County that are associated with elevated radon gas emissions
wi71 be identified.
Aircraft Hazards. . The three general aviation airports in the County will be
identified Based on previous airport safety planning programs, maps will be provided that
depict adopted aircraft hazard areas. The plan will contain a discussion of airport safety
issues.
Evacuation Routes. Roadways that have been identified as evacuation routes by
previous planning programs will be identified and mapped. Based on the analysis
contained in the revised Safety Element, roadways that could be subject to severe
disruption by geologic or flooding hazards will be identified.
is
County and Cities of San Luis Obispu —
Proposal for safety Bernard
9"1-0190
3.0 COST AND SCHEDULE
3.1 PROJECT COST
Fugro will prepare the San Luis Obispo County and Cities Safety Element Update
and Supporting Maps and Doaunentation for a not to exceed price of $95,000. This cost
includes the preparation of an Administrative Draft, Draft and Final Safety Element, along
with an Administrative Draft, Draft and Final EIR. Our proposed distribution of project
costs are depicted on the attached spreadsheets. .
Our proposed cost estimate assumes the attendance of.Fugro staff at up to three
public meetings/hearings. Additional meetings or hearings conducted by the County or
Cities can be attended by Fugro staff on a time and materials basis, in accordance with the
attached fee schedule. Based on an estimated meeting attendance time of four hours, each
additional meeting/hearing would cost approximately $400 per person. Our proposal
includes a minimal budget for document printing and assumes that the County and Cities
will be responsible for printing the Safety Element from a camera-ready copy or electronic
format provided by Fugro.
3.2 PROJECT SCHEDULE
The project schedule contained in the County's RFP is well reasoned and provides
adequate time periods to accommodate the preparation and review of the revised Safety
Element. Fugro will prepare the Safety Element in accordance with the specified
schedule.
16
County of San Luis Obispo
[Revised for Contract
Safety and Seismic Sit : FiementlEllit
FZrD&A= COST OF SERVICES
3M&
Task
I. KickoffMeetiog
Hours
9
Fee
760
.�
130
Sema
95
8
GMM gr AWyA
85 60
alfted WP
50 so
acried
35
2, Identify Issues & Oppottmities
32
3,040
32
3. Compile& ReviewExisting Data
a. Seismic Hazards
58
4,600
4
24
30
b Flooding Hazards
36
2,370
6
30
c. Fire Hazard
36
2,370
6
jo
d. Other
15
935
-70-0
1
14
4. Descn
Descriptions of
14
1-4
Seismic Hazards_
69
.5,960
14--F
24
31
b. Flooding Hazards
36 1
2,580
12
24
— c. Fire.Hazard
36
2,580
12
24
— d. Other
is .
935
--T,1-60
1
14
5. 'Identify Critical Facilities
49
8
40
6. Prpare Hazards Maps
150
10,870
4
20
50 40
36
7. Hazard Reduction & Planning Policies
54
4,290
30
24
--
8. Admin. Draft Rqmb (Policy & Tecbnical)
9. Draft Reports (Policy & T=brdcal)
16. Initial Shtdy
167
60
3.4
11,695
3,600
—2,240
65
20
8
60
18
30
20
8-
12
20
11. ER I -
i. Public Participation
172
40
10,760
3,800
24
40
109
12 29
-
12. Comment
12.2omment Response & Final Reports
48
3,500
20
20
8
13. Prigect Management
50
4.750
so
_14-LAttend Meetin
18
1,710
Ig
Subtotal
1196
97,205
22
429
50 507
49 108
32
Rate
Total
L Printingo
300,
2. Supplies
250
1 Fugro WesL Inc. 1
3. Quad maps
51.75
273
4. ZNiew'
1.022
5. Travel
200
Subtotal (OIC)
2,045
OA,=,wm
printing costs (othcr d= review drags) borne by Cmity
Donuitli
E!LP—Oly —GB Lab (under separate contract)
5,
"Note; Adds meetings at
G & A on Subcontractor
750
5,750
TOTAL COST
95,000
AGREEMENT FOR GIS MAPPING FOR THE SAN LUIS OBISPO
COUNTY AND CITIES SAFETY ELEMENT UPDATE
THIS AGREEMENT is entered into this day of , 1996 by and
between the COUNTY OF SAN LUIS OBISPO, a political. subdivision of the State of
California, hereinafter referred to as "County," acting in conjunction with the cities
of Arroyo Grande, Atascadero, Grover Beach, Morro Bay, El Paso de Robles and
San Luis Obispo, hereinafter referred to as "Cities", and CALIFORNIA
POLYTECHNIC STATE UNIVERSITY (Landscape Architecture Department),
hereinafter referred to as the "University."
WITNESSETH:
WHEREAS, the University has agreed to provide geographic information
system (GIS) mapping services to the County for the San Luis Obispo County and
Cities Safety Element Update as detailed on Exhibit "A" attached hereto and
incorporated herein by the descriptive title: "Scope of Work, Safety and Seismic
Safety Element, County of San Luis Obispo, March 28, 1996 (hereinafter referred
to as the "Project"); and
WHEREAS, the Project is of mutual interest and benefit to the University and
to the County, and will further benefit the instructional and research programs of
the University in a manner consistent with its status as a non-profit, tax-exempt,
educational institution, and will derive benefits for the County and the Cities and
the University through the proposed GIS mapping of safety-related hazard and risk
information; and
WHEREAS, the University will receive County funds to offset the costs of
providing the GIS mapping services for the Project; and
WHEREAS, the Board of Supervisors has approved the Project and has
authorized a County payment to the University.
NOW, THEREFORE, it is mutually agreed between the parties hereto as
follows:
1. Statement -of Work: The University agrees to.use its best efforts to
perform the Project as described in Exhibit "A." Anything in this Agreement to the
contrary notwithstanding, County and University may at any time amend the
Project by mutual written agreement.
2. Project Leader: The Project will be directed by Professor Walter D.
Bremer, Landscape Architecture Department, who will be responsible for the
Project. In the event that Professor Bremer becomes unable or unwilling to
continue the Project, and a mutually acceptable substitute is not available, the
University and/or the County shall have the option to terminate said Project.
3. Period of Performance: The Project shall be conducted during the period
of April, 1996 .through February, 1997; this Agreement is subject to extension only
by mutual agreement of the parties.
4. Grant of Costs: In consideration of the foregoing, the County will pay
the University total project costs which shall not exceed the sum of fifteen
thousand dollars ($15,000.00). The University agrees to apply the aforesaid funds
solely to the Project for which the funds have been paid.
5. Payment: Payment shall be made to the University by the County on the
following basis or schedule:
-2-
• A payment of five thousand dollars ($5,000.00), upon approval
of this Agreement by the University and the County Board of
Supervisors.
• A payment of five thousand dollars ($5,000.00) when the draft
GIS,mapping is completed to the satisfaction of the County.
• A final payment of five thousand dollars ($5,000.00) upon
completion of the Project and delivery of the final GIS mapping..
6. Sources and Availability of Funds. It is understood by the parties
hereto that a portion of the funds being used for the purposes of this Agreement
are funds furnished to County through a joint powers agreement with the Cities..
Notwithstanding any other provisionof the Agreement, the liability of County shall
be limited to County funds available for the project. University understands that
County must wait for funds to be furnished by the Cities in accordance with the
joint powers agreement before payment to University of any portion of Agreement
reliant upon funds from Cities. County shall incur no liability to University, its
officers, agents, employees, suppliers, or contractors for any delay in making any
such payments.
7. Termination:. Performance under the Agreement may be terminated by
the County upon "receipt" by the University of written notice; performance may be
terminated by the University if circumstances beyond its control preclude
continuation of the Project. County shall pay all costs accrued by the University as
of the date of termination, including non -cancelable obligations incurred prior to the
effective date of termination; and conditional upon acceptance of work described
in Article 5.
-3-
�I I
8.. Publicity: County shall not use the name of the University, nor any of
University's project staff, in any publicity, advertising, or news release without the
prior written approval of an authorized representative of the University. Except for
on -campus newsletters and reports, the University will not use the names of the
County and Cities, nor any employees of or other subcontractor of the County and
Cities, in any publicity without approval of the County.
9. Non -Disclosure: Anything in this Agreement to the contrary
notwithstanding, any and all knowledge, know-how, practices, process, or other
information (hereinafter referred to as "Confidential Information") disclosed or
is WV1iJKJ AS
submitted in writing or in other tangible form which is designateVonfidential
Information to either party by the other shall be received and maintained by the
receiving party in strict confidence and shall not be disclosed to any third party.
Furthermore, neither party shall use said Confidential Information for any purpose
other than those purposes specified in this Agreement. The parties may.disclose
Confidential Information requiring access thereto for the purpose of this Agreement
provided, however, that prior to making any such disclosures each such employee
shall be apprised of the duty and obligation to maintain Confidential Information in
confidence and not use such information for:any purpose other than in accordance
with the terms and conditions of this Agreement. Neither party will be held
financially liable for any inadvertent disclosure, but each will agree to use
reasonable efforts not to disclose any agreed to Confidential Information.
Nothing contained herein will in any way restrict or impair either party's right
to use, disclose, or otherwise deal with any Confidential Information which at the
time of receipt:
ME
• Is generally available. in the public domain, or thereafter
becomes available to the public through no act of the receiving
party; or
• Was independently known prior to receipt thereof, or made
available to such receiving party as a matter of lawful right by a
third party.
The above obligations for Confidential Information shall be in effect for a
period of 10 years from the termination of the Agreement.
10. Publications and Coovrights: The Project personnel will -be free to
publish the results of that part of the research which is performed by the
University under this Agreement. Publication of information that had previously
been researched by the County but presented to the Project personnel as a
component of the research performed under this Agreement requires prior written
approval of the County. Title to and the right to determine the disposition of any
copyrights, or copyrightable material, first produced in the performance of the
research performed at the University shall remain with the University, provided that
the University shall grant to the County an irrevocable, royalty -free, non-exclusive
right to reproduce, translate, and use all such copyrighted material for its own
purposes..
11. Patents: Title to any invention conceived or first reduced to practice in
the performance of that part of the research performed by the University will
remain with the University, which will have the sole right to determine disposition
of any patents or other rights resulting therefrom. Such disposition shall be
calculated to protect the public interest as well as the rights and equities of both
-5-
parties. This will not, however, give the University any rights to the title of any
invention conceived or first reduced to practice prior to this Agreement or
performed by the County, and/or employees or other subcontractors, during the
time period of this Agreement, which may be required to further the research under
this Agreement.
12. Independent Contractor: For the purposes of this Agreement and all
services to be provided thereunder, each party shall be, and shall be deemed to be,
an independent contractor and .not an agent or employee of the other party.
Neither party shall have authority to make any statements, representation or
commitments of any kind, or to take any action, which shall be binding on the
other party, except as may be explicitly provided for herein or authorized by the
other party in writing.
13. Governing Law: This Agreement shall be governed in accordance with
the laws of the State of California.
14. Agreement Modification: Any changes in the terms of this Agreement
in any way shall be valid only if the change is made in writing and approved by
mutual agreement of authorized representatives of the parties hereto.
15. Applicable Laws and Regulations: The University agrees to abide by all
laws and regulations applicable to the expenditure of County funds, including, but
not limited to, the audit of the expenditure of these funds for compliance with
regulations, the inclusion of provisions guaranteeing compliance with all labor laws
and regulations pertinent to public funds, and further, to assure compliance with
the anti -discrimination provisions of the law, including County ordinances.
16. Audit Requirement: The University agrees to allow the County-
Administrative
ounty
Administrative Officer to inspect and audit all records pertaining in any way to this
expenditure of funds, and further, to submit to the County Administrative Office a
written report upon completion of this project detailing the record of expenditures
under this Project.
17. Discretionary Decisions: The University agrees that all discretionary
decisions related to carrying out the aforesaid Project remain subject to the control
of the San Luis Obispo County Board of Supervisors.
AGREED TO ON THE DAY AND YEAR SET FORTH ABOVE.
ATTEST:
Clerk of the Board of. Supervisors
COUNTY BOARD OF SUPERVISORS
By:
LAURENCE L. LAURENT
Chairman of the Board of Supervisors
CALIFORNIA POLYTECHNIC STATE
UNIVERSITY
By:
RAYAIACIAS
Director of Support Services
LANDSCAPE ARCHITECTURE DEPARTMENT
-7-
Department Head
APPROVED AS TO FORM AND LEGAL EFFECT:
JAMES B. LINDHOLM, JR.
County Counsel
Dated: �• I_S ��
polyagr3.saf
10
Exhibit "A"
Scope of Work
Safety and Seismic Safety Element
County of San Luis Obispo
March 28, 1996
Cal Poly Landscape Architecture Department
Mapping. The Cal Poly Landscape Architecture Dcpardment (Cal Poly) will prepare
Geographic Information System (GIS) mapping for the County of San Luis Obispo as part
of the update of the Safety and Seismic Safety Element. The trapping is part of the
requirements for the safety element which is more fully set forth in a scope of work and
contract between the County of San Luis Obispo and Fugiro West, Inc.
Cal Poly will provide digitization, plotting, and checking of all mapped data in order to
automate the data in a GIS format.
Quality Control. Fugro West will work closely with Cal Poly in the development of all
mapping poducts and will be responsible for the accuracy and quality of all final mapping
products. It is the intention of this arrangement that all work will be produced in
coordinated effort between Fugro West. Cal Poly and the County of San Luis Obispo.
Prepare Hazard Maps. In addition to the descriptions of each hazard and its
implications for planning purposes, areas that are susceptible to each type of hazard will be
described and.mapped. Maps will be prepared by Fugro and digitized by Cal Poly, under
the supervision of Mr. John Kelly at tht County of San Luis Obispo.
All mapping will be presented to the County in digital form, registered to the
California state plane coordinate grid system (NAD27). Data based upon the USGS 73
minute quad sheet map series -(1:24,000) shall identify, at minimum, the locations of the
eight (8) lat/long coordinate grid points that represent the four corners and four interior
points of the quad map. Data based on all other USGS maps (1:62,500, 1:100,000,
1:250,000) shall identify, at minimum, the locations of the -four lat/long coordinate grid
points that represent the corners of each individual 7.5 minute quad map. Each geologic
hazard that is mapped will comprise a separate data layer. Digttaj information shall be
submitted in an ARC/INFO, DXF or a DWG file format on 3.5" disks (final format.to be
determined by the County).
At minimum, the following information will be depicted on maps prepared for the
Safety Element:
• Geologic formations
• Active and potengall- active faults
• Seismicity
• Liquefaction hazard areas
• Seiche hazard arras
• Landslide hazard areas
• Flood -prone areas (including 100 -year flood plains)
• High water data points
• Dam inundation areas
• (uncal facthnes
• Emergency response facilities
• High tine hazard areas
• Emergency response time contours
To mardmize. the effectiveness of the proposed mapping program, effort will be
concentrated in areas of the County with the highest population and developtnent area.
Work products that would result from this prionry-based coverage intensity are outlined
below.
Level One
Cities & major unincorporated areas (Los Osos, Oceano, Nipomo,
Cayucos, Cambria, Templeton, San 5&guel, Santa Margarita, and
Avila Beach).
• Everything provided on levels 2 and 3 plus:
• Unreinforced masonry building inventory
• Urban fire hazards
• Platform for highly detailed emergency response, safety issues, and
natural hazards, with instructions and recommendations for further
development
Level Two
• Specific Planning Areas (North Coast, Estero, Salinas River, San
Luis Obispo, San Luis Bay Coastal, San Luis Bay Inland, San Luis
Coastal, South County Inland)
• Everything provided on level 3 plus:
• Greater detail on geologic features (liquefaction, slope stability,
tsunami, darn inundation)
• Updated landslide information
Level Three
• Other Planning Areas - Shandon, Carrizo, Las Pilitas, etc.
• GIS platform developed with mapping at no less than 1974 levels
• Seismic data updated
• Information can be added at any time to augment levels
SEISNUC ISSUES
• The work will build upon the previous element's work
• Landslide Map. Fugro will update and expand upon the map by
incorporating data developed since 1974 and digitized onto the GIS
• Landslide Risks (This mapping will not have changed since 1974 and will
be digitized onto the GIS)
• Seismic Hazards. The map will be updated with information about faulting
developed since 1974 and digitized onto the GIS
FLOODING
0 Incorporate and expand County and FEMA mapping
• FEMA. Map all floodptainrand floodways per FIRMS
•
Hot -button links for severely impacted flood areas (Cambria, Mot, Bay,
Los Osos, San Luis. Creek, etc)
• point locations of recently recorded flood elevations
FIRE
Urban fire hazards - vegetation and other factors
• Wtldfhw - vegetation, slope
• Urban/Wildland interface - ureas where wildtand fires present the greatest
dangers to urban structures
Isomorphic response contours from fire stations
TOTRL P.03