HomeMy WebLinkAbout4975-4994RESOLUTION NO. 4994 (1982 Series)
A RESOLUTION OF THE COUNCIL OF THE•CITY OF SAN
LUIS OBISPO APPROVING AN AGREE�IENT BETWEEN THE
CITY AND JONES., HALL, HILL & WHITE TO PROVIDE
LEGAL SERVICES FOR LEASE - PURCHASE FINANCING
OF A MULTI -STORY PARKING STRUCTURE IN SAN LUIS OBISPO
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That certain agreement, attached hereto marked Exhibit "A"
and incorporated herein by reference, between the City of San Luis Obispo and
Jones, Hall, Hill & White, a professional law corporation°_
is hereby approved and the Mayor is authorized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution and
a copy of the executed agreement approved by it to: Jones, Hall, Hill & White;
City Finance Director; City Engineer.
On motion of Councilwoman Dovey seconded by Councilman Settle ;
and on the following roll call vote:
AYES: Councilmembers Dovey, Settle, Dunin, Griffin and Mayor Billig
NOES: None,
ABSENT: None
V,
the foregoing Resolution was passed and adopted this 16th day of November 19 �.
U.
ATTEST:
CITY C RK PAMELA VOG
A . IjOYD :w
((jj 0
City Administrativey ficer
City Atto e
in ce rec
Cut'" y Engi " er
R 4994
i123C J1ifIbJ:WHM:pac 9/30/82
v :pac 10/19/82
:pac 11/10/82
AGREEMENT FOR LEGAL SERVICES
THIS AGREEMENT is made and entered into this 16th day of November ,
1982, by and between the City of SAN LUIS OBISPO, CALIFORNIA the "City" and
JONES HALL HILL & WHITE, A Professional Law Corporation, San Francisco,
California ( "Attorneys ").
WITNESSETH:
WHEREAS, a multi -story parking structure (the "Project ") benefiting the
residents of the City is proposed to be financed through parking authority
lease revenue bond financing proceedings;
WHEREAS, Attorneys are specially trained and experienced in the conduct
of proceedings for accomplishing such Projects and financing proceedings; and
WHEREAS, the public interest, economy and general welfare will be served
by this Agreement;
NOW, THEREFORE, IT IS HEREBY AGREED, as follows:
1. Duties. Attorneys shall provide legal services in connection with
the authorization, issuance, and consummation of the financing proceedings.
Such services shall include the following:
a. Confer and consult with the officers and administrative staff
of the City as to any matters relating to the establishment of a parking
authority and the financing proceedings.
b. Attend all meetings of the City Council of the City and any
meetings of the Parking Authority to be formed by the City (the
"Authority "), and any administrative meetings at which any proceedings
are to be discussed, deemed necessary for the proper planning of the
proceedings or when requested to attend.
C. Prepare the bond resolution and all other resolutions, notices
and legal documents necessary for the proper conduct of proceedings for
the successful completion of the financing.
d. Review of all financial documents for legal sufficiency.
e. Review the official statement prepared in connection with the
proceedings to assure the disclosure of all material facts within the
knowledge of Attorneys.
f. Prepare and provide a signature and no- litigation certificate,
an arbitrage certificate, and any and all other closing documents
required to accompany delivery of the financing documents.,
g. Prepare and provide a complete transcript of the conduct of the
proceedings necessary to accompany delivery of the financing documents.
h. Provide the legal opinion of Attorneys that the interest
portion of the payments on the bonds is exempt from Federal income taxes
and State of California personal income taxes, and approving in all
regards the legality of all proceedings for the .authorization, issuance,
and delivery of the Bonds relating to the financing.
i. Confer and consult with City officials and agents with regard
to problems which may arise during the servicing and payment of the
Bonds.
j. Provide other necessary services generally expected of bond
counsel not listed above.
2. Compensation. For said services Attorneys shall be paid the
following compensation:
One percent (1 %) of the principal amount of the Bonds to the
principal amount of $1,000,000, plus one -half percent (1/2 %) of the
principal amount of the Bonds in excess of $1,000,000, but less than
$5,000,000, plus one - quarter percent (1/4 %) of the principal amount of
the Bonds in excess of $5,000,000.
Said fees are payable and shall be paid solely from the proceeds of
financing and not otherwise: and if for any reason said proceeds are
not,ava.ilable., the City shall not be liable for said fees.
In addition, Attorneys shall be reimbursed for" any costs of
transcript_ binding,. travel costs outside the. State of California,
special delivery and messenger services, as well as any costs advanced.
by Attorneys on behalf of the City.
3: Exceptions. The following services are excepted from the services
to be rendered for such percentage fees:
Any services to be rendered in any litigation involving the City or
the financing.
For any such litigation services which Attorneys are directed to
render for and on behalf of the City, compensation shall be on a
reasonable fee basis to be agreed upon.
4. Assignment. This agreement may be assigned by the City to the
Authority,
2'.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed by their respective officers and representatives thereunto duly
authorized, the day and the year first above written.
Attest:
CI CLERK PAMELA V E
SAN LUIS OBISPO, CALIFORNIA
3
JONES HALL HILL & WHITE,
A Professional Law Cor oration
By
i
JONES HALL HILL & WHITE,
A 31ROFI+SSIONAI. LANV CORPORATION
ATTORNEYS AT LAW
HF.NNP:TH L JONES
ANDREW C.HALL,JR-
ROBERT J. HILL
SHARON STANTON WHITE
CHARLES F. ADAPTS
STEPHEN R. CASALEGGIO
WILLIAM H. MADISON
PHILIP N. LEE
LAWRENCE C. JENSEN
JONATHAN STAEBLER'
.ADMITTED NEW YORK A OHIO OARS ONLY
November 10, 1982
Mr. Wayne Peterson
City Engineer
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA. 93406
Re: Parking Authority Lease Revenue Bonds
Dear Wayne:
FOUR EM13ARCADERO CENTER
SUITE 1950
SAN FRANCISCO 94111
(415) 391 -5780
NOV I G 02
Pursuant to, our conversation of today, enclosed please find two copies
of an executed agreement for legal services, which reflects the fact that the
City has chosen to establish a Parking Authority which will act as the issuer
of Lease Revenue Bonds to finance the multi -story parking structure.
You may discard the earlier agreement which was drafted for a
lease- purchase financing, and upon execution of this agreement, prase return
one copy to me for our files.._
Very truly yours,
l'
l
WILLIAM H. MADISON
WHM:pac
cc: & encl. George Thatcher, Esq.
City Attorney
RESOLUTION NO. 4993 (1982 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO APPROVING AN AMENDMENT TO AGREEMENT
DATED AUGUST 19, 1980 BETWEEN THE CITY AND MDW
ASSOCIATES.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That certain agreement dated August 19, 1980, attached
hereto marked Exhibit "A" and incorporated herein by reference, between the
City of San Luis Obispo and MDW Associates is hereby amended by addition of
Exhibit "B" attached and is hereby approved and the Mayor is authorized to
execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution and
a copy of the executed agreement amendment approved by it to: City Engineer,
Finance Director.
On motion of Councilwoman Dovey , seconded by Councilman Settle
and on the following roll call vote:
AYES: Councilmembers Dovey, Settle, Dunin, Griffin and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 16th day of November , 19 �2 .
* 1i * * * * *
R 4993
Resolution No. 4993 (1982 Series)
APPROVED:
City Administrative Office3
City Attorney
Fi ance i ctor
I ( 1'',
ity Engineer
I
RESOLUTION NO. 4232 (1930 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO APPROVING AN AGREEM NT BET14EF.N THE
CITY AND MERRIAM, DEASY & WHISENANT, INC. FOR
DEVELOPMENT OF THE COMMUNITY PARKING PROGRAM
BE IT RESOLVED by the Council of the City of San Luis Obispo as followsi
SECTION I. That certain agreement, attached hereto marked Exhibit "A"
and incorporated herein by reference, between the City of San Luis Obispo and
Merriam, Deasy & Whisenant, Inc.
is hereby approved and the ?Mayor is authorized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution and
a copy of the executed agreement, approved by it to: Wayne Peterson, City
Engineer and Kahn A Associates, Inc.
On motion of Councilman Munger. seconded by _Eouncilwoman:Billig ,
and on the following roll call vote:
AYES: Coun"cilmembers Munger, Billig, Duiiin and Mayor Cooper-
NOES: Councilman Bond
ABSENT: None
the foregoing Resolution was passed And adop his. /119th. ddaay) of August , ,980.
ATTEST:
�. -
CITY CLF J.H. EZTZPATRICK.
4c
APPROVED:
Ci. m' 's a tive ofFicer
Y
01
t
CONSULTING SERVICES AGREEVE NT
THIS AGREEMENT, made and entered into this .19th day of August
1980, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation of
California, hereinafter "City ", and, Merriam, Deasy & Whisenant, Inc. of
San Luis Obispo, hereinafter "Consultant ".
WITNESSETH'.
WHEREAS,.Cit_y desires to retain certain services for the development of a
community parking program. This consultant is being retained to provide
architectural and engineering services.
WHEREAS, City desires to engage Consultant to provide these services
by reason of its qualifications and experience for performing such services,
and Consultant has offered to provide the required services on the terms
and in the manner set forth herein;
NOW, THEREFORE, in consideration of their mutual covenants,.the parties
hereto agree as follows:
1. PROJECT COORDINATION.
(a) City.. The City Engineer shall be the representative of the City
for all purposes under this agreement. The City Engineer or his designated
representative hereby is designated as the Project Manager for the City.
He shall supervise the progress and execution of this agreement.
(b) Consultant. Consultant shall assign a single Project Manager to
have overall responsibility for the progress and exeuction of this agreement
for Consultant. Jay R. Whisenant hereby is designated as the Project Manager
for Consultant. Should circumstances or conditions subsequent to the execution
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L
of this agreement require a substitute Project Manager for any reason, the
Project Manager designee shall be subject to the prior written acceptance
and approval of the City Engineer. Consultant's Project Team is further
described in Exhibit "A" attached hereto and incorporated herein by this
reference. The individuals identified and the positions held as described
in Exhibit "A" shall not be changed except by prior approval of City. All
presentations shall be made by Jay R. Whisenant or his City approved subsititue.
2. DUTIES OF CONSULTANT.
(a) Services to be furnished. Consultant shall provide all specified -
services as set forth in Exhibit "B" attached hereto and incorporated herein
by this reference.
(b) Laws to be Observed. Consultant shall:
(1) Procure all business permits and licenses, pay all charges
and fees, and give all notices which may be necessary and incidental to the
due and lawful prosecution of the services to be performed by Consultant under
this agreement;
(2) Keep itself fully informed of all existing and future federal,
state, and local laws, ordinances, regulations, orders, and decrees which may
affect those engaged or employed under this agreement, any materials used in
Consultant's performance under this agreement, or the conduct of the services
under this agreement;
(3) At all times observe and comply with, and cause all of its
employees, to observe and comply with, all of said laws, ordinances,
regulations, orders, and decrees mentioned above;
(4) Immediately report_ to the City's Project Manager in writing
any discrepancy or inconsistency it discovers in said laws, ordinances,
regulations, orders, and decrees mentioned above in relation to any plans,
drawings, specifications, or provisions of this agreement.
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n
(c) Release of Reports and Information. nay reports, information,
data, or other material given to, or prepared or assembled by, Consultant
under this agreement shall be the property of City and shall not be made
available to any individual or organization by Consultant without the prior
written approval of the City's Project Manager.
(d) Copies of Reports and Information. If City requests additional
copies of reports, drawings, specifications, or any other material in addition
to what Consultant is required to furnish in limited quantities as part of
the services under this agreement, Consultant shall provide such additional
copies as are requested, and City shall compensate Consultant for the costs of
duplicating of such copies at Consultant's direct expense.
(e) Qualifications of Consultant. Consultant represents that it is
qualified to furnish the services described under this agreement.
3. DUTIES OF CITY.
City agrees to cooperate with Consultant and to perform that work
described in Exhibit "B" attached hereto and incorporated by this reference.
4. COMPENSATION.
(a) For the full performance of the services described herein by
Consultant, City shall compensate Consultant on a time and materials basis
utilizing the fee schedule outlined in Exhibit "C" attached hereto and
incorporated herein by this reference. In no case shall the total compensation
exceed the maximum listed amount shown in Exhibit C for any single phase for
the work to be performed by Consultant haccording to the following schedule:
(b) City shall pay Consultant
(1) Payment for consulting services for the first 90% of the
work to be performed under this agreement will become due and payable in
accordance with the monthly progress invoices to be computed utilizing the
fee schedules in Exhibit "D ".
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(2) The final 10% of each phase will become due and payable
upon acceptance by the City of the phase.
5. TIME IS OF THE ESSENCE.
(a) Time of completion of this project is of the essence.
(b) Consultant shall complete the work to be performed under
this agreement within the time frame set out in Exhibit "D" attached
hereto and incorporated herein by this reference.
(c) Time extensions may be allowed for delays caused by City,
other governmental agencies, or factors not directly brought about by the
negligence or lack of due care on the part of the Consultant.
6. TEMPORARY SUSPENSION.
The City Engineer shall have the authority to suspend this
agreement, wholly or in part, for such period as he deems necessary due
to unfavorable conditions or to the failure on the part of Consultant to
perform any provision of this agreement.
7. SUSPENSION: TERMINATION.
(a) Right to Suspend or Terminate. The City retains the right to
terminate this agreement for any reason by notifying Consultant in writing seven
(7) days prior to termination and by paying the compensation due and payable
to the date of termination; provided, however, if this agreement is terminated
for fault of Consultant, City shall be obligated to compensate Consultant only
for that portion of Consultant services which are of benefit to City. Said
compensation to be arrived at by mutual agreement of the City and Consultant
and should they fail to agree, then an independent arbitrator is to be
appointed and his decision shall be binding upon the parties.
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(b) Return of Materials. Upon such termination, Consultant shall
turn over to the City immediately any and all copies of studies, sketches,
drawings, computations, and other data, whether or not completed, prepared
by Consultant, and for which Consultant has received reasonable compensation,
or given to Consultant in connection with this agreement. Such materials
shall become the permanent property of City. Consultant, however, shall not
be liable for City's use of incomplete materials or for City's use of complete
documents if used for other than the project contemplated by this agreement.
B. INSPECTION.
Consultant shall furnish City with every reasonable opportunity
for City to ascertain that the services of Consultant are being performed in
accordance with the requirements and intentions of this agreement. All work
done and all materials furnished, if any, shall be subject to the City Project
Manager's inspection and approval. The inspection of such work shall not
relieve Consultant of any of its obligations to fulfill its agreement as
prescribed.
9. OWNERSHIP OF MATERIALS..
All original drawings, plans and other materials prepared by
Consultant pursuant to this agreement shall become the permanent property of
the City.
10. INDEPENDENT JUDGMENT.
Failure of City to agree with Consultant's independent findings,
conclusions, or recommendations, if the same are called for under this
agreement, on the basis of differences in matters of judgment shall not be
construed as a failure on the part of Consultant to meet the requirements of
this agreement.
mi:
i
'11, AS5IGNMENT; SUBCONTRACTORS: EMPLOYEES.
This agreement is for the performance of professional consulting
services of the Consultant and is not assignable by the Consultant without
prior consent of the City in writing. The Consultant may employ other
specialists to perform special services as required with prior approval by
the City.
12. NOTICES.
All notices hereunder shall be given in writing and mailed, postage
prepaid, by certified mail, addressed as follows:
TO CITY: Office of the City Clerk
City of San Luis Obispo
P.O. Box 321
San Luis Obispo, CA 93406
TO CONSULTANT: Merriam Deasy & Whisenant, Inc.
979 Osos Street
San Luis Obispo, CA 93401
13. INTEREST OF CONSULTANT.
Consultant covenants that it presently has no interest, and shall
not acquire any interest, direct or indirect, financial or otherwise, which
would conflict in any manner or degree with the performance of the services
hereunder. Consultant further covenants that, in the performance of this
agreement, no subcontractor or person having such an interest shall be employed.
Consultant certifies that no one who has or will have any financial interest
under this agreement is an officer or employee of City. It is expressly
agreed that, in the performance of the services hereunder, Consultant shall at
all times be deemed an independent contractor and not an agent or employee of
City.
m
14. INDEMNITY.
Consultant hereby agrees to indemnify and save harmless City,
its officers, agents and employees of and from:
(1) Any and all claims and demands which may be made against
City, its officers, agents, or employees by reason of any injury to or death
of any person or damage suffered or sustained by any person or corporation
caused by any negligent act or omission of Consultant under this agreement
or of Consultant's employees or agents;
(2) Any and all damage to or destruction of the property of
City, its officers, agents, or employees occupied or used by or in the care,
custody, or control of Consultant, or in proximity to the site of Consultant's
work, caused by any negligent act or omission of Consultant under this
agreement or of Consultant's employees or agents;
(3) Any and all claims and demands which may be made against
City, its officers, agents, or employees by reason of any injury to or death
of or damage suffered or sustained by any employee or agent of Consultant
under this agreement, however, caused, excepting, however, any such claims
and demands which are the result of the negligence or willful misconduct of
City, its officers, agents, or employees;
(4) Any and all claims and demands which may be made against
City, its officers, agents, or employees by reason of any infringement or
alleged infringement of any patent rights or claims caused by the use of any
apparatus, appliance, or materials furnished by Consultant under this
agreement; and
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(5) Any and all penalties imposed or damages sought on
account of the violation of any law or regulation or of any term or condition
of any permit, when said violation of any law or regulation or of any term
or condition of any permit is due to negligence on the part of the Consultant.
Consultant, at its own cost, expense, and risk, shall defend any and
all suits, actions, or other legal proceedings that may be brought or instituted
by third persons against City, its officers, agents, or employees on any such
claim or demand of such third persons, or to enforce any such penalty, and
pay and satisfy any judgment or decree that may be rendered against City, its
officers, agents, or employees in any such suit, action, or other legal
proceeding, when same was due to the negligence of the Consultant.
15. WORKERS' COMPENSATION.
Consultant certifies that it is aware of the provisions of the Labor
Code of the State of California, which require every employer to be insured
against liability for workers' compensation or to undertake self - insurance
in accordance with the provisions of that code, and it certifies that it will
comply with such provisions before commencing the performance of the work
of this agreement.
16. INSURANCE.
At the request of the City Engineer, Consultant shall provide proof
of comprehensive general liability insurance ($500,000) (including automobile)
and professional liability insurance ($250,000) satisfactory to the City
Engineer.
17. AGREEMENT BINDING.
The terms, covenants, and conditions of this agreement shall apply
to, and shall bind, the heirs, successors, executors, administrators, assigns,
and subcontractors of both parties.
-8-
16. WAIVERS.
The waiver by either party of any breach or violation of any term,
covenant, or condition of this agreement or of any provision, ordinance, or
law shall not be deemed to be a waiver of any subsequent breach or violation
of the same or of any other term, covenant, condition, ordinance, or law.
The subsequent acceptance by either party of any fee or other money which
may become due hereunder shall not be deemed to be a waiver of any preceding
breach or violation by the other party of any term, covenant, or condition of
this agreement or of any applicable law or ordinance.
19. COSTS AND ATTORNEY'S FEES.
The prevailing party in any action between the parties to this
agreement brought to enforce the terms of this agreement or arising out of
this agreement may recover its reasonable costs and attorneys' fees expended
in connection with such an action from the other party.
20. NONDISCRIMINATION.
No discrimination shall be made in the employement of persons under
this agreement because of the race, color, national origin, ancestry, religion
or sex of such person.
If Consultant is found in violation of the nondiscrimination provisions
of the State of California Fair Employement Practices Act or similar provisions
of federal law or executive order in the performance of this agreement, it
shall thereby be found in material breach of this agreement. Thereupon, City
shall have the power to cancel or suspend this agreement, in whole or in part,
or to deduct from the amount payable to Consultant the sum of Twenty -five Dollars
($25) for each person for each calendar day during which such person was
discriminated against, as damages for said breach of contract, or both. Only
a finding of the State of California Fair Employement Practices Commission or
the equivalent federal agency or officer shall constitute evidence of a
violation of contract under this paragraph.
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If Consultant is found in violation of the nondiscrimination
provisions of this agreement or the applicable affirmative action guidelines
pertaining to this agreement, Consultant shall be found in material breach
of this agreement. Thereupon, City shall have the power to cancel or suspend
this agreement, in whole or in part, or to deduct from the amount payable to
Consultant the sum of Two Hundred Fifty Dollars ($250) for each claendar day
during which Consultant is found to have been in such noncompliance as damages
for said breach of contract, or both.
21. AGREEMENT CONTAINS ALL UNDERSTANDINGS.
This document represents the entire and integrated agreement between
City and Consultant and supersedes all prior negotiations, representations, or
agreements, either written or oral. This document may be amended only by
written instrument, signed by both City and Consultant. All provisions of this
agreement are expressly made conditions. This agreement shall be governed by
the laws of the State of California.
IN WITNESS WHEREOF, City and Consultant have executed this agreement the
day and year first above written.
CONSUL NT,�A: M=DEASY ISENANT , INC.
By —
CITY OF SAN LUIS OBISPO
By AM R. COOPER
MAYOR LYNN R. CUOYER
ATTEST:
___ s/J.H. FITZPATRICK
City Clerk J.H. Fitzpatric
EXHIBIT A
The following key staff from each firm will be participating in the project:
1. Jay R. Whisenant, AIA (Principal, MDW): Mr. Whisenant will be responsible
for the on -going overall administration of the project throughout all
phases, including presentations, team coordination and work product
direction and review.
2. Bruce D. Fraser, AIA (Principal, MDW): Mr. Fraser will be responsible
for the daily architectural administration of the project and conceptual
design tasks.
3. J. Renard Bollier, Architect (Associate, Conrad Associates): Mr. Bollier
will be responsible for the functional design layouts, operating costs/
income analysis and design construction performance documentation.
Supporting Consultants
If the city elects to pursue the more conventional method of our consultant
team preparing the final construction documents, rather than the design/
construct method, we would utilize the following building system consultants:
Mechanical Engineering: Charles Mistretta and Associates
Electrical Engineering: Perry and Ring, Inc.
Landscape Design: Karner Caminiti and Associates
Should the city select the design /build concept, and a contracting entity
associated with Conrad Associates obtains the construction, we would
propose that P.E. Lawrence and Associates be retained by our team to provide
the on -going bid evaluation and construction services.
A -1
EXHIBIT B
The scope of work is based on the six phases. Summarized briefly, the
major tasks and work products of each phase are as follows:
Phase 1: Concept Development
A major focus of our activities in this phase is the
alternative functional dcsigns and programs for each
of each, and recommendation to the City Council of a
The end product of this phase is the selection of an
describe the conceptual budget, number of cars, func
operational /design programs.
Phase 2: Schematic Design
development of
site, evaluation
preferred alternate.
alternative that will
tional layout, and
This phase takes the selected alternate of phase 1 and prepares a specific
design expression for the functional layout. Evaluation of various building
systems and architectural designs are developed in this phase, as well as
deciding whether to go on a design /build or conventional approach. This
phase ends with the approval, by all appropriate agencies and groups, of
the architectural design, cost estimate, and project approach.
Phase 3: Petition Administration
Our work in this phase is minimal, consisting of monitoring the construction
climate to ascertain any changes in cost, scheduling, or availability con-
cerns that would effect the approved schematic design.
Phase 4: Final Document Preparation
Based on the decision reached in Phase 2, we will prepare the necessary
documents to either obtain design /construct cost submittals from interested
bidders, or to prepare the necessary construction documents for conventional
bidding and building permits.
Phase S: Bid Administration
This phase involves clarification of construction documents, bid evaluation,
and contract negotiation assistance tasks associated with awarding a contract
to some construction entity.
Phase 6: Construction Administration
Tasks in this phase are based on representing the City in construction
observation, submittal review, and payment request coordination. This phase
is complete when the facility is turned over to the City for use.
B -1
Each phase will be evaluate.: prior to beginning to insure the proper
task definition, orientation, and coordination with other activities of
the City's project in order to insure the timely and successful execution
of the project. We recognize that in a project of this type that changes
in project scope, conditions, and participants are likely. Consequently,
we feel our scope of work is defined in such a way as to permit a flexible
response that accurately will reflect the City's needs. The following
detailed scope of services identifies specific tasks associated with the
proposal.
B -2
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Cost
EXHIBIT C
A major aspect of this project is defining its scope. Consequently it is
quite difficult to establish definite dollar amounts for the various
Phases of the work. We propose the following fee arrangement as being
the most easily managed and adaptable format. This will allow for defini-
tion of the exact extent of the scope of services at the start of each
phase, resulting in development of an e.quitable and cost based fee.
Compensation-Schedule
1.
Phase
1:
Estimated fee range
$9,000
To be compensated on
an Hourly basis per
attached rate list.
2.
Phase
2:
Estimated fee range
$9,500
To,be compensated-on.-
same basis as Phase .
3.
Phase
3
Estimated fee range
$500
Same basis as Phase 1.
4.
Phase
4:
Estimated fee range
$6,000
Based on design /construct
- - procedure and Per attached
rate list.
a: Should a conventional
approach tie selected,
we would anticipate our
fee to be approximately
211% of the estimated
construction cost.
5. Phase 5: Estimated fee range,
for either design /construction
or conventional, to be approxi-
mately .5% of estimated.con-
struction cost..
6. Phase 6: Estimated fee range,
for either design /construction
or conyentiona_l, to be.approxi-
mately .7.5 -1% of estimated con=
struction.co"st.
C -_1
i
EXHIBIT "B"
AMENDMENT TO AGREEMENT
CONSULTING ARCHITECT SERVICES IN CONNECTION WITH
PARKING GARAGE PROJECT
This Amendment to Agreement, made and entered into this 16th day of
November , 1982, by and between the CITY OF SAN LUIS OBISPO, California,
hereinafter referred to as the "CITY ", and MD14 ASSOCIATES (formerly known
as Merriam, Deasy & Whisenant), hereinafter referred to as "ARCHITECT ",
W I T N E S S E T H
WHEREAS, CITY And ARCHITECT entered into an AGREEMENT for Consulting
Architectural Services to design a parking garage for the CITY, said AGREEMENT
attached hereto as Exhibit "A "', formerly accepted by the CITY on August 19,
1980.
WHEREAS, the ARCHITECT has done significant work beyond the scope of
the contract to assist the CITY during the recent decision processes, and
WHEREAS, the original schematic plans prepared by the ARCHITECT are
no longer appropriate, and
WHEREAS; the CITY will.no longer proceed with-design/cons
-truct plans
for this project.
NOW, THEREFORE, in consideration of their mutual covenants; the parties
hereto agree to amend the AGREEMENT by revising the fee schedule as.shown
on Exhibit "C" (attached) and by addition of an expanded description of
the ARCHITECT'S scope of work as shown on Exhibit "C" (attached):
IN WITNESS WHEREOF, City and Consultant have executed this agreement the
day and year first written above.
ATTEST:
Cit C1erk;Pamela" g
CONSULTANT: MDW ASSOCIATES
EXHIBIT "C"
4 November 1982
ARCHITECTURAL FEE SUMMARY
SAN LUIS OBISPO COMMUNITY PARKING PROJECT
I
hti
MDW Associates
Architecture/ Planning/ Engineering
Andrew G. Merriam AIA, AICP, Principal
Joy P. Whisenani AIA, Principal
Bruce D. Fraser, Jr. AIA, Principal
Sherri C. Stoat, Principal
A. Proposed fee supplement for additional Phase 2 and 3 services performed
between December 1981 and October 13, 1982:
$3800
B. Proposed fee supplement for additional Phase 1 and 2 services required
to design theatre complex and redesign parking structure.:
hourly, not to exceed
$10,000
C. Proposed fixed fees for remaining architectural services:
Phase 4; Construction Documents:
Phase 5; Bid Aministration:
Phase 6; Construction Administration
TOTAL:
Respectfully Submitted,
MOW ASSOCIATES
Br ce D. Fraser, AIA
Pr ncipal
$142,400
billed monthly according to
percentage_ completion of phase.
$1.5,000
billed in two installments, at
50% and 100% completion of phase
$39,000
bill monthly according m according to
percentage completion of phase
$196,400
979 Osos Street, Suite C
Son Luis Obispo, CA 93401 - 3296
(805) 543 -7057
8 November 1982
EXPANDED DESCRIPTION OF CONSULTANT SCOPE OF WORK
TASKS 3.03 AND 4.01, PHASE 6
COMMUNITY PARKING PROJECT
3.03 "Preparation of Change Orders"
This task includes all of the consulting and documentation services
involved with any change in the Scope of Work of the Construction
Contract. If such a change does not involve modification of the
project schedule or cost, it will be described in a Clarification
Drawing, a standard MDW document, and will be reviewed. by the City for
acceptability before authorization is given to proceed. If cost or
schedule are impacted by a proposed change; a Change Order request
will be prepared. by our office., using AIA Document G701. We will
describe the scope of the proposed change and the.Contractor will
provide information on modifications to the, contract amount and
schedule, along with supporting documentation. We will review the
Copntractor's figures and compare his cost information to current
estimating guides and arrive at a recommendation to the City to either
accept, reject, or request alteration ... of the proposal. Once an
agreement is finalized, the Change Order document is signed by
representatives of MDW,, the Contractor, and the City and becomes a
part of the Contract Documents..
4.01 "Construction Observation"
Observation of construction in progress will be comprised of at least
three visits to the site per week, .followed up by field reports using
the format of AIA Document G711. Construction work will be examined
for compliance with the. approved plans and specifications, for general
quality and accuracy of workmanship, and for proper and safe storage
of materials awaiting installation. Where any of these items fails to
meet requirements, written notice will immediately be given to the
Contractor. MDW's certification of the percentage of construction
completed or materials suitably stored on site, for purposes of veri-
fication of Contractor payment requests, will be based on site visits.
Site visits will also be made at the request ,of the Contractor or the
Building Official when necessary to examine_ field conditions or
clarify the intent of construction details or assemblies:
CHANGE
ORDER
'N AIA DOCUMENT 0701
PROJECT:
(name, address)
TO (Contractor)
F
OWNER
❑
ARCHITECT
❑
CONTRACTOR
❑
FIELD
❑
OTHER
DATE
CHANGE ORDER NUMBER:
ARCHITECT'S PROJECT NO:
CONTRACT FOR:
L I CONTRACT DATE:
You are directed to make the following changes in this Contract:
The original Contract Sum was . . . . . . . . . . . . . . . . . . . . $
Net change by previous Change Orders . . . . . . . . . . . . . . . . . . $
The Contract Sum prior to this Change Order was . . . . . . . . . . . . . . . $
The Contract Sum will be (increased) (decreased) (unchanged) by this Change Order . . . $
The new Contract Sum including this Change Order will be .. . . . . . . . . . . $
The Contract Time will be (increased) (decreased) (unchanged) by
The Date of Completion as of the date of this Change Order therefore is
ARCHITECT
Address
BY_
DATE
( ) Days.
CONTRACTOR
OWNER
Address
Address
BY
BY -
DATE
DATE
AIA DOCUMENT G701 • CHANGE ORDER .• APRIL 1976 AIA,O m 1970 • THE ONE PAGE
AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW, WASHINGTON, D.C.. 20DO6
/% k"CH I TIC- I "S
FIELD REPORT
( �
AKCi
CONSM I ANT ❑
❑
CONTRACT:
FIELD REPORT NO:
ARCHITECT'S PROJECT NO:
DATE
Tl.',iE
WEATHER I EmP. RANGE
EST. ComPLE110N
CONFORMANCE WITH SCHEDULE
\VORK IN PROGRESS
[,RESENT Al SIZE
OBSERVATION'S
F.MS rO VERIFY
INFORMAL ION OR ACTION REQUIRED
AllACHMEMS
REPORT BY:
AIA DOCUMENT G711 • ARCHITECT'S FIELD REPORT • OCTOBER 1972 EDIlION • AIAF Q 1972
THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVE.. NEV, WASHINGTON, D.C. 20006 page ut pagv%
!tcS0LU -'I0N NO. 4992 (1982 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO ACCEPTING BID AND AWARDING A CONTRACT
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That this Council hereby accepts the bid and authorizes the
Mayor to sign a contract on behalf of the City for the following:
PROJECT: Underground fuel tank at
Police Facility
ESTIMATE: $13,500.00
BIDDER: Nielsen Construction Company
CITY PLAN NO: G-37
BUDGET ACCOUNT: 9040- 3563 -G37'
BID AMOUNT: $12,735.00
SECTION 2. That the City Clerk is directed to prepare the appropriate
documents for signature by the successful bidder and the Mayor.
On motion of Councilman Settle seconded by Councilwoman Dovey ,
and on the following roll call vote: i
AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 16th day of November-
1982.
ATTEST:
' V
CITY C ERK PAMELA VOGE
APPROVED:
City Administrative Of icer
City Atto
finance Di c
- - - .�,.M,� 11- 4 -8i*..,
Chief o Police
R 4.992 '-
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RESOLUTION NO. 4991 (1982 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO DESIGNATING THE PARK HOTEL AT 1815
OSOS STREET HISTORICALLY SIGNIFICANT STRUCTURE.
WHEREAS, the City of San. Luis Obispo is involved in a comprehensive
analysis and survey of cultural, historical and architectural resources within
the community; and
WHEREAS, King Corporation, owners of the Park Hotel at 1815 Osos Street has
requested that the city evaluate the hotel for its historical significance and
designate it as such by Resolution of the City Council; and
WHEREAS, the City Council referred the request for historical designation to
the city's Cultural Heritage Committee for evaluation of the hotel's historical
and architectural significance and requested a recommendation; and
WHEREAS, on October 29, 1982, the Cultural Heritage Committee reviewed background
data on the Park Hotel (history of ownership, architectural style, general history
of the area) and, applying a preliminary rating system developed for use in the
city -wide survey, found that the hotel is historically important from a local
perspective; and
WHEREAS, the Cultural Her -itage Committee has recommended that the City Council
designate the Park Hotel as a historically significant structure.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo:
1. The Park Hotel located 1815 Osos Street is hereby designated as a
historically significant structure, based on the age of the structure and its
relationship to the historic development and operation of the Southern Pacific
Railroad.
2. A copy of this resolution shall be placed in the Building Division's
address files for this structure.
R 4991
On motion of Councilman Settle seconded,by Councilwoman Dovey ,
and on the following roll call vote:
AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 16th day of November ,
1982.
ATTEST.:
Piz ), - t 4
City Jerk Pamela V s
APPROVED:
Paul Lanspery, City Admi istrat:ve Officer
George Thacher,City Attorney
Toby Ross, Community Development Director
`SIT �,�-!
fo.
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RESOLUTION NO. 4990 (1982 Series)
A RESOLUTION EXPRESSING THE CITY'S GRATITUDE
TO HOWARD HANKINS FOR HIS DEDICATED SERVICE
TO THE CITIZENS OF SAN LUIS OBISPO COUNTY
WiEREAS, Howard 14ankins has served as Fourth District Supervisor since 1971, and has
bald the Office of Chairman of the Board four times and Vice Chairman two times during
dart period; and
,.cEREAS, Supervisor Mankins' dedicated public Leadership also includes a long list of
''ices c-ld in various organizations serving to benefit the City of Arroyo Grande, where
%e resides, the County of Sap. Luis Obispo, and the State of California; and
i,%HEREAS, his contributions extend even furtner to his activities as-a successful
csiness,man, husband and fathers active member of his ehurch,•and dedication to youth
a04iv tiess and
i:-;?EREA S, the hard work involved in this endless list of public service has resulted
:rt a consistent record of numerous and important improvements to the County and its
:�•- ::o>�t:�:; and
i::_'E'EAS, the enormous amount of time and personal attention which Supervisor Mankins
so generously donated to his fellow citizens is an inspiration to us all.
NOIJ, THEREFORE, BE IT RESOLVED that this Council wishes to express its gratitude and
w= reciation to Howard F!ankins for his dedicated service on behalf of us all
Or. motion of Councilman Settle, seconded by Councilwoman Davey, and on the following
rcLZ call vote:
...YES: Councilmembers Settle, Davey, Dunin, Griffin and Mayor BiZZtig
No• 'S ,ono
Done
rya fo_-ecoino Resolution was pass
l
C'itU f:LerkJ- amelya 4
adopted this 16th day of November, 1982.
or �eZanie C. Billig
ABSOLUTION NO. 4989 (1982 Series)
A RESOLUTION.OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO INCREASING REVENUE SHARING FUND AND CAPITAL_
OUTLAY FUND APPROPRIATIONS FOR THE 1982 -83 FISCAL
YEAR
BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows:
SECTION 1. That the following capital improvement program appropriation
accounts be increased to provide additional funding for the police facility
expansion.
Account Description Increase Amount
(90) 30- 3561 -642 Revenue Sharing Fund = Police Facility $15,000
Expansion
(90) 40= 3561 -642 Capital Outlay Fund - Police Facility 40,000
Expansion $55,000
On motion of Councilman Settle seconded by Councilwoman Dovey ,
And on the following roll call vote:
AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig
NOES: None
ABSENT: None
the foregoing resolution was ,passed and adopted this 9th day of. November - 0 1982.
� t
"YO LAN IE C . B ILL G
ATTEST
CLERK, PAMELA I VO S�
R 4989
kb/ /G6
.:SOLUTION NO. 4988 (1982 Series)"
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO ACCEPTING BID AND AWARDING A CONTRACT
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That this Council hereby accepts the bid and authorizes the
Mayor to sign a contract on behalf of the City for the following:
PROJECT: Police Facility Expansion CITY PLAN NO: G =34
Project
ESTIMATE: .$396,000,= BUDGET ACCOUNT: 30- 3561 -642
$348,500 (minimum project) 40- 3561 -642
BIDDER: Neilsen Constructiori;Company- BID AMOUNT: $420,309.00
SECTION 2. That the City Clerk is directed to prepare the appropriate
document's for signature by the successful bidder and the Mayor.
On motion of Councilman Settle
and on the following roll call vote:
seconded by Councilwoman Dovey ;
AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig
NOES: None,
ABSENT: None
the foregoing Resolution was passed and adopted this 9th day of November ,
1982.
R A R R X W W W
APPROVED:
City Administrativ 05ficer
vi.
- tt e
��
Find ,-
PolicUhief
R 4988 1
lIl J 401,
5S41C JHHW:ACH:ea
RESOLUTION NO. 4987
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN LUIS OBISPO APPROVING AND AUTHORIZING
AND DIRECTING EXECUTION OF AGREEMENT FOR
LEGAL SERVICES WITH
JONES HALL HILL & WHITE,
A PROFESSIONAL LAW CORPORATION
10/27/82
WHEREAS, the City Council of the City of San Luis Obispo (the "City ")
proposes to undertake a multifamily rental housing financing program and proposes
to finance the costs thereof by the issuance of bonds by the City; and
WHEREAS, it is desirable to employ legal counsel in connection therewith;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo, as follows:
1. That certain agreement by and between the City and Jones Hall Hill &
White, A Professional Law Corporation, for legal services in connection with the
proceedings relating to a multifamily rental housing financing program, a copy of
which is on file with the City Clerk, is hereby approved, and the Mayor is hereby
authorized and directed in the name -and on behalf -of the City to execute said
agreement.
2. This resolution shall take effect immediately.
On- motion of Councilman Settle seconded by Councilwoman Dovey
and on the following roll. call vote: '
AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig
NOES: None
ABSENT: None
R 4987
I/ I
Resolution No. 4987 (1982 Series)
Appro d:
Q f,�
City Administrative 6ffiefer
AGREEMENT
FOR SPECIAL LEGAL SERVICES
MULTIFAMILY RENTAL HOUSING
FINANCING BOND PROCEEDING
THIS AGREEMENT, entered into this 9th day of November, 1982, by and
between the CITY OF SAN LUIS OBISPO, a municipal corporation (the "City ") and JONES
HALL HILL & WHITE, A PROFESSIONAL LAW CORPORATION, San Francisco, California
( "Attorneys ").
WITNESSETH:
WHEREAS, the City proposes to undertake a multifamily rental housing
financing program (the "Program ") pursuant to Chapter 7, commencing with Section.
52075, Part 5; Division 31 of the California Health and Safety Code and proposes to
finance the costs thereof by the issuance of bonds by the City;
WHEREAS, Attorneys are experienced in municipal and municipal bond law and
in the conduct of proceedings for accomplishing such a Program and conducting
financing proceedings therefor; and
WHEREAS, the public interest, economy and general welfare will be served by
this Agreement;
NOW, THEREFORE, IT IS AGREED, as follows:
1.. Duties. Attorneys shall provide the following services:
(a) Confer and consult with the administrative staff of the City and
with its consultants and underwriters as to any matters relating to the financing.
(b) Participate in the selection of financing methods through
discussion and consultation with the City and its consultants and underwriters,
helping to identify advantages and disadvantages of various methods based on our
experience.
(c) Attend such meetings of the City Council and any administrative
meetings or committee meetings at which any financing proceedings are to be
discussed for the proper planning of the proceedings.
V
(d) Prepare all ordinances, resolutions, indentures, notices, leases
and legal documents necessary for the proper conduct of proceedings for the purpose
of financing the project or parts thereof.
(e) Review any official statement prepared by the City's underwriters
or consultants.
(f) Prepare and provide a receipt for the sale of the securities, a
receipt for the proceeds thereof, a signature and no- litigation certificate and any
and all other closing documents required to accompany the delivery of the
securities.
(g) Assemble and provide a complete transcript of the conduct of the
financial proceedings necessary to accompany the delivery of the securities.
(h) Subject to completion of proceedings to our satisfaction, provide
the legal opinion of Jones Hall Hill & White., A Professional Law Corporation,
approving in all regards the legality of all proceedings for the authorization,
issuance, sale and delivery of the securities., or other transactions relating to
the financing, and the exemption of interest from Federal and State personal income
taxation in accordance with applicable regulations.
(i) Confer and consult with the City officials with regard to problems
which may arise during the period of servicing and payment of the securities.
(j) Apply for and obtain any rulings from the Internal Revenue Service
regarding the tax - exempt status of the interest on the securities, if necessary.
(k) Provide any other services commonly expected of bond counsel and
not set forth above.
2. Compensation. a. For said services, City shall pay the following
compensation based on the following percentages of securities issued and sold:
112% of' the first $5,000,000 of securities sold, plus 1/4% of the next
$15,000,000 of securities sold, plus 1/8% of any amount of securities sold over
$20,000,000.
b. In addition City shall pay Attorneys for any costs advanced on
behalf of City, expenses for travel outside of California, and costs of special
messenger and delivery services and closing costs.
c. Said fees, costs and expenses are payable and shall be paid solely
from the proceeds of the sale of the securities.
3. Other Entities. It is understood that the financing proceedings may
also be undertaken by the housing authority or redevelopment agency of the City in
which event this agreement may be assigned to and inure to the benefit of the
assignee.
--0/
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed by their respective officers and representatives thereunto duly
authorized, the day and year first above written.
ATTEST:
U
CIT CLER -K PAkTLA 0 S
(SEAL)
CITY OF SAN LUIS OBISPO,
a municipal corporation
JONES HALL HILL & WHITE,
A PROFESSIONAL LAW CORPORATION
3
5590C
JHHW:ACH:ea 10/18/82
r
RESOLUTION NO. 4986
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING THE ISSUANCE OF REVENUE BONDS FOR THE PURPOSE
OF PROVIDING FINANCING FOR MULTIFAMILY RENTAL HOUSING
DEVELOPMENT- SIERRA ALTA VILLAGE
WHEREAS, the City is authorized by Chapter 7 (commencing with Section 52075)
of Part 5, Division 31 of the Health and Safety Code of the State of California (the
"Act ") to issue and sell revenue bonds for the purpose of providing financing for
the construction of multifamily rental housing structures located within the City;
WHEREAS, a joint venture partnership composed of Kings County Capital, a
California corporation, and Don Tuley, owner of the property (the "Developer ") has
applied to the City to issue and sell revenue bonds for the purpose of providing
financing for the construction of an 80 -unit multifamily rental housing development
and related auxiliary facilities to be located at 95 Stenner Street within the
City,
WHEREAS, the City wishes to induce the Developer to construct said
development and facilities; and
.WHEREAS, it is in the public interest, for public benefit and in furtherance
of the public purposes of the City that the City authorize revenue bonds for the
aforesaid purpose;
NOW, THEREFORE, BE IT RESOLVED:
Subject to completion of all proceedings to the City's satisfaction,
Section 1. The City Council of the City of San Luis Obispo authorizes the
issuance and sale of revenues of the City pursuant to the Act in a principal amount
of not to exceed Eight Million Dollars ($8,000,000) for the purpose of providing
construction and permanent financing to the Developer for the construction of an
80 -unit multifamily rental housing development and related auxiliary facilities at
95 Stenner Street, San Luis Obispo, California.
Section 2. The issuance and sale of said Bonds shall be upon such terms and
conditions as may be mutually agreed upon by the City, the Developer and the
purchaser of said Bonds and shall be subject to completion of proceedings for
issuance, sale and delivery of said Bonds by the City.
Section 3. The proceeds of the Bonds shall include such related and
necessary issuance expenses, administrative costs, debt service reserves and
interest payments as may be required to successfully accomplish this financing
method.
R 4986
/rl
j
Section 4. The Council hereby finds that the issuance of the Bonds is a
substantial inducement to the Developr to construct the project and that said
project will further the public purposes of this City.
Section 5. The Developer shall be responsible for costs in connection with
the issuance of the Bonds, including: printing of the official statement; a market
feasibility study to be used in connection with the financing and the rating
agencies; cost of ratings on the bonds; reasonable-,-city staff costs; -and ordinary,
travel expenses, -if necessary; ^to New York -to- obtain rat ing ,-= arrd.bond: and . financial
counsel selected by the City.
Upon motion of Councilman Settle , seconded by Councilwoman Dovey and on
the following roll call vote:
AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig
NOES: None
ABSENT: None
the foregoing was passed and adopted thi
Attest:
\ CITY CLERK- P LA X10 ES
App � edQ:
City Administrative Offic r
day of November , 1982.
2
Do) 7 7o
RESOLUTION NO. 4985 (1982 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO INCREASING SEWER-FUND APPROPRIATIONS FOR THE
1982 -83 FISCAL YEAR
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That the following sewer fund account be increased in
the amount stated to provide step 3 engineering services for wastewater
treatment and reclamation plant enlargements, Project Unit 2:
Account No. Description Amount
(90) (EPA 2) 52- 7162 -720 Sewer Plant -EPA Improvement $442,200
Project Phase-2
SECTION 2. That $55',400 be transferred from the sewer fund capital
replacement reserve to provide for the city's portion of the above project.
SECTION 3. That estimated revenues of the sewer fund be increased in
the following amounts to recognize the estimated grant reimbursement for the
project:
Estimated Federal EPA Grant Reimbursement - $331,600
Estimated State Grant Reimbursement = $55,200
On.motion of Councilman Settle , seconded by Councilman Griffin ,.
and on the following roll call vote:
AYES: Councilmembers Settle, Griffin, Dovey, Dunin, and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and
L
CES
'A
this 9th day of November 1982.
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* is * is * * it is is i,
IE C. B
R 4985
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City Administrative ficer
i ity A
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Public Services Director
0
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RESOLUTION NO. 4984 (1982 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING A SEVENTH- AA4bmtb AGREEMENT -WITH
KENNEDY /JE.NKS ENGINEERS FOR CONSULTING ENGINEERING
SERVICES IN CONNECTION WITH WASTEWATER TREATMENT AND
DISPOSAL FACILITIES.
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
SECTION 1.. This Council hereby approves an agreement with Kennedy/
Jenks Engineers, for consulting engineering services in connection with
wastewater treatment and disposal facilities, as set forth in the agreement
attached hereto marked "Exhibit 1" and its attached Exhibits. The Mayor
is authorized to execute said agreement on behalf of the City.
SECTION 2. Copies of said agreement shall be maintained on file in
the offices of the City Clerk and the Director of Public Services. The
Director of Public Services shall act at Grantee Reviewer and shall forward
copies of this resolution and the agreement to appropriate agencies.
On motion of Councilman Settle
and on the following roll call vote:
seconded by Councilman Griffin
AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 9th day of November
1982.
ATTEST:
0
CITY CLERK PAMELA V ES
R 4984
U
Resolution No. 4984
APPROVED:
M
City inistrative Of icer
Aoc
City Attorney
1982 Series:
SEVENTH AMENDMENT TO AGREEMENT
CONSULTING ENGINEERING SERVICES IN CONNECTION WITH
WASTEWATER TREATMENT AND DISPOSAL FACILITIES
This Seventh Amendment to Agreement, made and entered into this 9th
day of November , 1982, by and between the CITY OF SAN LUIS OBISPO,
California, hereinafter referred to as the "CITY ", and KENNEDY /JENKS
ENGINEERS, INC. (successor to the engineering practice of Jenks & Harrison,
Inc., formerly known as Jenks & Adamson), a California Corporation, herein-
after referred to as the "ENGINEER ":
W I T N E S S E T H
WHEREAS, CITY and ENGINEER entered into an AGREEMENT for Consulting
Engineering Services in Connection with an Improvements Program for CITY's
Wastewater Treatment and Disposal Facilities, said AGREEMENT being in the
form of an ENGINEER's Proposal, formally accepted by the CITY on March 31,
1975, said accepted Proposal hereinafter referred to as the "AGREEMENT ",
said AGREEMENT having been amended subsequently due to requirements for
compliance with subsequent regulations of the Clean Water Grant administra-
tion agencies and due to scope /development changes in the program;. and
WHEREAS, the Improvement Program has been divided into two Project
Units for phased design and construction; and
WHEREAS, construction of Project Unit_ No. is currently being
undertaken, and by the terms of the FIFTH AMENDMENT TO AGREEMENT, the
ENGINEER is providing Step 3 (construction Engineering) services to CITY
for that project unit; and
WHEREAS., by the terms of the SIXTH AMENDMENT TO AGREEMENT, the
ENGINEER is completing Plans and Specifications_ for Project Unit No. 2, and
the CITY is preparing to set the advertisement date for receipt of bids for
the construction of Project Unit No. 2; and
WHEREAS, CITY desires ENGINEER to provide Step 3 (construction engin-
eering) services in connection with construction Project Unit No. 2, and
ENGINEER is competent and willing to provide such construction engineering
and related Step 3 services:
NOW, THEREFORE, in consideration of their mutual covenants, the
parties hereto agree to amend the AGREEMENT, and previously approved AMEND-
MENTS TO AGREEMENT, as follows.
1. SERVICES TO BE PROVIDED. The ENGINEER shall provide Step 3 const=
ruction engineering and related services in connection with Project Unit
No. 2 for the Wastewater Treatment Plant Improvements by tasks as follows:
[7th Amend] - 1 -
A. Provide on -site technical personnel for review of construction
activities for compliance with design plans and specifications;
assistance in construction contract administration in accord
with grants regulations and guide -lines for construction manage-
ment issued by the Division of Water Quality (DWQ); review and
recommend for CITY approval construction contractor's cost
breakdowns, progress payment estimates, and final payment re-
quest; perform and /or provide for materials testing in accord
with project specifications; conduct interim and final testing
of operational equipment and electrical /instrumentation comp-
onents; conduct final review and provide recommendation to CITY
as to acceptance of completed construction improvements.
B: Maintain up-to -date records of field chan_$es and encountered
deviations from design drawings; prepare and provide CITY with
Record Drawing tracings of completed construction project.
C. Provide review, consultation, and processing of construction
contractor's shop drawings and submittals in accord with
requirements of contract specifications and plans.
D. Provide design - related support services in connection with
special technical reviews on system design, in of
specifications, preparation of routine design modifications and
justifications for change orders, including cost estimates in
connection therewith, back -up support for contractor -field
engineer negotiations and resolution of field - encountered con-
flicts, attendance of conferences and meetings, assistance in
interface situations between contractors and ancillary parties.
E. Prepare a final Operations and Maintenance Manual covering the
entire Wastewater Treatment Plant, including facilities to be
installed under this Improvement Program, in accord with the
current guidelines of the Division of Water Quality (DWQ).
Provide 40 sets of printed final manual to CITY upon
completion, said sets include 2 sets for transmittal to DWQ.
F. Provide assistance to CITY in preparation of final, Plan of
Operation and up -date of the Revenue Program in accord with
current guidelines of DWQ. Provide consultation and advice to
the Operations Coordinator to be assigned by CITY.
G. Prepare for and provide Start -up Services in connection with
operation and maintenance of the new facilities, consisting of
on -site training of CITY treatment plant personnel,
consultations, advice, detailed procedures, all in accord with
the general guidelines of DWQ, and specifically addressing the
following elements:
(1) Pre and Post Start -up Personnel Training (approx. 112
hours) .
[7th Amend] - 2 -
i
(2) Laboratory Procedures ( approx. 24 hours).
(3) Maintenance Management Systems (approx. 24 hours).
(4) Records Management Systems (approx. 32 hours).
(5) Fine Tuning of components to optimize performance and
reliability under actual operating conditions (approx.
48 hours).
H. Provide Prime Engineer Services for a period of one year
following completion of construction and initiation of post -
construction operations of the new facilities, consisting of
periodic visits to the treatment plant, review of operational
and monitoring data, consulatations, on -call advice and
recommendations pertinent to the operation of the facility, and
assistance to CITY in the preparation of a Report on One Year
of Operation (and a Corrective Action Plan, if needed).
2. TIME OF COMPLETION. The services by ENGINEER under this SEVENTH
AMENDMENT TO AGREEMENT for Tasks A through G, Article 1, shall be completed
within two months following the initial construction contract completion
date for Project Unit No. 2, and services for Task H, Article 1, shall be
completed within 14 months of that same construction contract completion
date. If ENGINEER's services are required beyond this time for reasons
beyond the control of the ENGINEER, the cost and fee are subject to re-
negotiation for amounts above the limits set forth hereinafter in Article
3, Compensation.
3. COMPENSATION. Compensation to the ENGINEER for services under this
SEVENTH AMENDMENT TO AGREEMENT shall be on a Cost - Plus - Fixed -Fee (CPFF)
basis, as set forth below:
Item/ Total Estimated Total Total
Description Cost (1) FIXED FEE (2) Budget Estimate (3)
Seventh Amendment: $384,500- $57,700- $442,200 -
Step 3 Services
for Project Unit
No. 2
A.
[7th Amend)
Notations:
(1) Total estimated cost is based on estimated man - hours,
employee classification, current wage rates, provisional
overhead rates on the foregoing and on estimated direct costs
as shown on lines 7, 8, and 9 of EPA Form 5700 -41, attached
hereto. Actual costs shall be based on employees, detailed
time sheets, salary rates actually paid employees, actual
overhead costs as determined by audit of ENGINEER's financial
records for the year in which the work is accomplished; and on
other actual direct costs.
- 3 -
B
1
(2) 'Fixed Fee shall mean fixed dollar amount payable to
ENGINEER as profit, as defined in EPA regulations; and ident-
ified in line 11 of EPA Form 5700 -41, attached hereto. The
total fixed fee amounts for this Amendment will be adjusted
only if the scopes of work and /or time schedules are revised
by subsequent Amendment.
(3) Total Budget Estimate shall mean sum of columns (1) and
(2) which is the maximum allowable compensation payable under
this Amendment without subsequent revision thereto.
Actual costs shall include:
(1) Actual direct labor costs expended, plus the applicable
provisional percentage of direct labor costs set forth below
for Combined Overhead Costs plus direct expenses in connection
therewith. Said provisional overhead rates shall apply until
modified by subsequent amendment.
(2) The Combined Overhead Costs for Kennedy /Jenks Engineers,
Inc. are defined as those costs to cover all taxes, payments or
premiums measured by or applicable to the time of performance
of such Direct Labor, such as, but not limited to, Worker's
Compensation Insurance, Social Security, State and Federal
unemployment insurance, medical /hospital insurance, salary
continuation insurance, pension plan costs and pro rata
allowances for vacation, sick leave and holiday pay; and
furthermore, the Combined Overhead costs include those general
and administrative costs, allowable under the cost principles
of 41 CFR 1 -15.4 to the ENGINEER during the period of the
services. It is hereby agreed that said provisional Combined
Overhead rate, based on projected estimates, shall be 147.7
percent on direct wages and salaries paid for work on said
projects.
(3) Direct Expenses incurred by Kennedy /Jenks Engineers, Inc.,
shall include, but not be limited to:
(a) Rental of equipment.
(b) Automobiles used intermittently in conjunction with the
project will be billed at a rate of $0.25 per mile.
(c) Identifiable communication expenses such as telephone
telegraph and cable.
(d) Travel and subsistance (per diem) expenses outside the
San Francisco Bay Area (except for local based on -site
Field Technician).
(e) Subconsultants and subcontractors, including consulting
and special technical services, also including charges
for physical tests or measurements, performed 'by
others.
(f) Special equipment purchased by the ENGINEER as his
property and rented to the CITY.
(7th Amend] - 4 -
a
(g) Computer rental and use fees.
(h) Identifiable reproduction costs such as film with
processing and printing thereof; printing reports,
specifications and drawings; record drawing repro-
duction, photostats, microfilming, and binding will be
paid upon submission of invoices. All directly charge-
able expenses will be billed as invoiced and an amount
for such items as risk and profit is included in the
Fixed Fee.
(4) Normal payroll rates are for 40 hours per week. Direct
labor costs for non - professional staff will be at an overtime
rate of 150 percent of regular rate for all work in excess of
40 hours per week. Direct labor costs for professional staff
will be at the current applicable rates actually paid the
employee for the time charged to the Project multiplied by the
applicable Overhead Cost rates. The ENGINEER shall., at its
sole discretion, determine the need to utilize overtime work in
order to meet project schedules.
C. Total Budget- Authorization:
The Total Budget Estimate for total compensation for services
described herein for the Project shall not be increased unless
authorized by subsequent Amendment.
D. Progress Payments:
Progress Payments will be made monthly by the CITY on approva_1
of an itemized statement from the ENGINEER which contains
actual costs and a prorated portion of the Fixed Fee, as set
forth hereinabove.
4. ORIGINAL AGREEMENT AND AMENDMENT IN FORCE. Except as Amended herein
this SEVENTH AMEN DMENT TO AGREEMENT, the conditions, obligations and
benefits of the original AGREEMENT and subsequent executed Amendments
thereto, shall remain in full force and effect.
[7th Amend)
- 5 -
IN WITNESS WHEREOF, CITY and ENGINEER have executed this SEVENTH
AMENDMENT TO AGREEMENT the day and year first above written.
ATTEST
City rk, Pame gvVo`ges A
17th Amend]
- 6 -
CITY OF SAN LUIS OBISPO
Mayor M lanie C. illig
KENNEDY /JENKS ENGINEERS, INC.
iSor Vice Pxreogident
Vice President Se a afy
CC�T OF PRICE SUM:,-.,,RY C�,- ;2 6 r Y,E ;,T S L! i-1 U S. i,.
lo-m)
�0:
PART !.GENERAL
1. GRANTEE
CITY OF SAN LUIS OBISPO
2. GRAN—. NUMBER
C-06-1215
NAME OF CONTRACTOR OR SU&CON7RACOr
KENNEDY/JENKS ENGINEERS, INC.
4. DATE OF PROPOSAL
22 October 1982
5. ADDRESS OF CONTRACTOR OR suscbNT RACTDR (lnO.d• ZIP cede)
Kennedy/Jenks Engineers
543 Byron Street
Palo Alto, CA 94301
6. TYPE OF S ERVICE TO BE FURNISHED
Step 3 Engineering Services
in connection with construction of
Project Unit No. 2 of the City
Wastewater Treatment Works ImprTrints.
(7rh Amendmpnr rn AgrPPmPnr)
PART 11-COST SUMMARY
7. DIRECT LABOR (.Specify labor categories) Worksheets
Submitted:
ESTi,
M,
Ht
HOURLY
RATE
ESTIMATED
COST
TOTALS
On-site Constr. Eng1g/ Ins pection/Cont.Adm.1
4
j
Record Dwgs/Submittals/Design Support
1 18081
)
O&M Manual
1 5601
) Workshtsj
1412193-
Assistance Up date 'Revenue Pro gram /Plan 6PJ
641
)
I
Start-up Services
1 2401
)
"Prime Engineer" Services
2241
DIRECT LABOR TOTAL"'
UIS
141,193-
e-INDIRECT COSTS ( Specify indirect cost pools)
RATE
BASE E
ESTIMATED
COST
Conbined Provisional Overhead
11.477
141,193
1 208,542-.t..
INDIRECT COSTS TOTAL:
208,542-
5. OTHER DIRECT COSTS -Worksheets Submitted-
a. TRAVEL
ESTIMATED
COST
(1) TRANSPORTATION - Trips: 36 @ .450 mi @ 0.25/mi
44.050-
(2) PER DIEM Overnight Stays. $250 Res.Engr.Subsist- 12 000 Is
12.250-
TRAVELsuBtbTAL:
I,'-
Is
161,300-
b. EQUIPMENT, MATERIALS, SUPPLIES (Specify Categories)
I 0
ESTIMATED
COST
Identifiable Communications (Telservices o*
sites
5 1,416-
Biueprinting Services
639 -
Offset Printing Services (O&M)
1-160-
5.2 15
EQUIPMENT SUBTOTAL :
--
C. SUBCONTRACTS (All EPA Small Purchases)
ESTIMATED
COST
Electrical/Instrumentation: E ' L.Muszynsk!
S 6,250-
Geotechnical/Foundations: Geotechnical Consultants.Inc.(MBE)
3-000-
Testing Services; misc.Prof/Tech Consultants (MBE if avail.)
4.000-.
SUB-CONTRACTSSUSTOTAL:
1
5 13,250-
d. OTHER (Specify categories)
ESTIMATED OST
S
OTHER SUBTOTAL:
e. OTHER DIRECT COSTS TOTAL:
34,765-
IC. TOTAL ESTIMATED COST
384- 500-
I.1. PROFIT Profit + Mar gin =-FIXED IFfE
57 700-
12. 1 T I OTAL FRI - C - E Total Estimated -Price
S 442:200-
EPA Form 5700-41 (2-76)
"Exhibit A" for SEVENTH AMENDMENT
C.
I -, 0 SC "0.L 0 G L 1! 1
C•r' IC E! S.
--
----- ---- ----- - -- ----------------
Worksheets submitted.
-------------
PART IV- CERTIFICATIONS
14• CONTRACTOR
14a. HAS A F ECErAL AGENCY OF A F E:::)E RA'- LY CERTIFIED STATE OR LOCAL AGENCY PERFORMED ANY REVIEW Of= YOUR
ACCOUNTS Or IZECOFDS IN CONNECTION WITH ANY OTHER FEL-ERAIL GRANT OR CONTRACT WITHIN THE PAST TWELVE MONTHS?
No (It •Ycf jive name Add.ese one telephone number of of!ice)
Office of Audit, Western Audit Division
U.S. Environmental Protection Agency (415) 556-1954
215 Fremont Street, San Francisco, CA 94105
14b THIS SUMMARY CONFORMS WITH THE FOLLOWING COST PRINCIPLES
41 CFR 1-15.2 and 1-15.4
This proposal is submitted for use in connection with and in response to (1) continuation of engineering
services as per request of Grantee This is to certify to the best of my knowledge
and belief that the. cost and pricing data summarized herein are complete, current, and accurate as of
October 22, 1982 and that a financial management capability exists to fully and accu-
rat;lv account for the financial transactions under this proJect. I further certify that I understand that the
subagreement price may be subject to downward renegotiation and/or recoupment where the above cost and
pricing data have been determined, as a result of audit.. not to have been complete, current and accurate as
of the date. above.
(3) -October 22, 1982
DATE OF EXECUTION SIGNATURE Or PROPOSER
Blaine L. Harrison, Vice President
Kennedy Jenks Engineers, Inc.
TITLE GF PROPOSER
14. GPANTE-_ REVIEWER
I certify that I have reviewed the cost/price summary se: forth herein and the proposed costs/price appear
acceDlable for subagreement award.
DATE OF EXFCUT1rN SIGNATURE OF REVIE-ER
7;--LE OF REVIEWER
16. EPA REVIEWER (It applicable)
GATE OF EXECUTION SIGNATURE OF REVIEWER
TITLE Or AEVIEhER
tiP� C_ k7nn_ii l7.741 PACIF 2 OF 5
,jG0/1 s
r
v
RESOLUTION NO. 4983 (1982 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO AMENDING THE LAND USE ELEMENT OF THE GENERAL.
PLAN WITHIN THE SOUTH STREET SPECIFIC PLAN AREA.
(GP 1021)
WHEREAS, the Planning Commission and City Council have held publid
hearings on the subject general plan change, in accordance with the California
Govenment:,Code and the General Plan Amendment Regulations of the City; and
WHEREAS, this action is one of several actions comprising the general
plan amendment first heard by the Planning Commission in September 1982; and
WHEREAS, the action has been determined not to be a project, in accordance
with the California Environmental Quality Act and the City's Environmental
Impact Procedures and Guidelines; and
WHEREAS, the Planning Commission has recommended approval of the change; and
WHEREAS, the changes to the Land Use Element map are fully described in
Exhibit A. attached hereto and made a part of this resolution.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
1. The Land Use Element map is amended as shown in the attached Exhibit A.
2. The Community Development Department shall cause the changes to be
reflected in the maps and publications which are on display in City
Hall and which are made available to the public.
3. This action shall take effect thirty days from the date of adoption
of this resolution. '
On motion of Councilman Settle , seconded by Mayor Billi¢ ,
and on the following roll call vote:
R 4983
0
Resolution No. 4983 (1982 Series)
Page 2
AYES: Councilman Settle, Mayor Billig, Councilmembers Dovey, Dunin and
Griffin
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 9th day of November ,
1982.
Mayo lanie C. Billig
ATTEST:
City Flerk IdFa(mel:a- vogesn i
APPROVED:
City Administrative Officer
IVVAI'-4�
City Attorney
)-� 9 --,
Comkunity Development Director
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Mom
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7,0 m A A'.'dr AFA& AP=.Ii l
,ROB.
0 11* too= —ammmu
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��° �� �� n
RESOLUTION No. 4982 (1982 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING THE CIRCULATION ELEMENT OF THE GENERAL PLAN.
WHEREAS, Section 65302 (b) of the California Government Code directs all
cities- and counties to prepare a General Plan Circulation Element; and
WHEREAS, Section 9600 of the San Luis Obispo Municipal Code provides
for the amendment of the city's General Plan three times during each calendar
year; and
WHEREAS, on September 8, 19822 the Planning Commission held a public
hearing consistent with the city's general plan amendment regulations to consider
a series of changes to the Circulation Element (as adopted March 2, 1982 by
City Council Resolution 4755.- 1982 Series); and
WHEREAS, the City Council has considered the Planning Commission's
recommendations for amending the Circulation Element at an advertised public hear-
ing on November 9, 1982; and
WHEREAS, the City Council reviewed and considered the environmental
determination made by the Community Development Director for the proposed
Circulation Element amendments.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1: 'The Circulation Element "_of the City of San Luis Obispo General
Plan (as adopted by Council Resolution 4755 - 1982 Series) is hereby amended
as specified on Exhibit "A ", attached and incorporated herein by reference.
On motion of Councilman Griffin , seconded by Councilman Settle ,
and on the following roll call vote:
AYES: Councilmembers Griffin, Settle, Dovey and Mayor Billig
NOES: Councilman Dunin
ABSENT: None
R 4982
Resolution No. 49,'^).(1982 Series)
Page 2
the foregoing resolution was passed and adopted this 9th day of November
1982.
M yo e anie C. I Ig
ATTEST:
Cit Y/ Clerk Famela VogeaA
APPROVED:
City Administrative Officer
City Attorney
Community Development Director
�� �� �
J
- r
I �
EXHIBIT "A" - AMENDMENTS TO THE SAN LUIS OBISPO GENERAL PLAN CIRCULATION
ELEMENT (November 1982)
1. Add the following as the last intented paragraph on page 17:
"Ensure that any circulation project solution, major or minor, must
provide for the mitigation of adverse impacts on all residential
neighborhoods."
2. Delete the following sentence shown on page 20, paragraph 4:
"Nor shall they be considered as an implied statement of need for
street widening projects."
3. Delete the following sentence from section 3, paragraph 2, on page 21:
"However, if the city's population ... li
4. Add the following to section 3 on page 21 of the Element:
"Due to the design of the city, the scheduling of further major
street changes to the city's street system may be a difficult task.
Significant population increase will require more emphasis on
alternative methods of transportation."
5. Amend the policy shown on A -13 of the Circulation Element to read as
follows:
"The City will request Caltrans to reevaluate the entire freeway
ramp system in the San Luis Obispo area. Two projects (Santa Rosa
Street and Los Osos Valley Road interchanges) have already been
mentioned in this report."
6. Add the following to the first sentence on page 23:
"Major street projects and some minor ones...
7. Amend the last sentence of the paragraph on page 23 of the Circulation
Element to read as follows:
"To encourage citizen participation, the City will follow the
public notice procedures outlined in the chart below for major
street projects. For minor street projects, the City Engineer
will:
(1) Determine whether the project will have significant
impact on the neighborhood or whether its implementation
may have significant public interest.
(2) Provide written notice to residents and property
owners that are directly effected by minor street pro-
jects which will have significant impact on the neighbor-
hood or be of significant public interest (especially
projects that will alter, divert, or increase traffic)."
(INCLUDE CHART SHOWN ON FOLLOWING PAGE)
Page 2 - Exhibit "A "�,,-,Iirculation Element Amendments)
8. Amend Map 4: 1982 Truck Route Plan on page 28 of the Circulation Element
to show:
Orcutt Road east of Laurel Lane and south of Johnson Avenue as a truck
route. Madonna Road between Calle Joaquin and Los Osos Valley Road as a
truck route.
9. Include the following policy on page 27 of the Circulation Element:
"The City shall require noise mitigation measures along segments of
the adopted truck route plan where noise levels will exceed
exposure standards contained within the noise element."
10. INSERT THE FOLLOWING CHART ON PAGE 23 OF THE CIRCULATION ELEMENT:
TABLE 3 - PUBLIC NOTICE PROCEDURES
NOTICE MAILED TO
ACTION ADJOINING PROPERTY OWNERS
1. Amend Circulation
Element
2. Establish or change
setback lines
3. Approve the funding
of a major project
4. Approve the design
of a major project
5. Publish draft Environ-
mental Impact Report
6. Certify Final EIR's
7. Approve the final
project
/.1
M
X
(1)
ADVERTISE IN LOCAL
DAILY NEWSPAPER (2)
X
X
X
X
X
X
(1) The procedures listed above are consistent with city and state notifica-
tion requirements. They represent the minimum amount of notice that the
city will give. The city may choose to provide additional notice for
particular projects which may be controversial.
(2) Advertisements will meet public notice requirements specified in various
sections of the Municipal Code and will include a verbal description of
the action and location maps when appropriate.
ESOLUTION N0, 4981 (1982 Seri---r)
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
AUTOMATIC ALARMS, INC. TO FURNISH BURGLAR ALARM
SERVICE FOR THE OFFICES OF THE PARK AND RECREATION
DEPARTMENT LOCATED AT 1530 LIZZIE STREET IN THE.CITY
OF SAN LUIS OBISPO.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
1. That certain service agreement attached hereto and marked as Exhibit
"A" are incorporated herein and by reference made part hereof.
2. That the Mayor is authorized to execute the agreement.
3. That the Director of Parks and Recreation shall be responsible for the
day -to -day requirements of the agreement.
4. That the Director of Finance make payment for service as required in
Exhibit "A ".
5. That the City Clerk make available copies of this resolution and any
Exhibits to.: Automatic Alarms, Inc., the Director of Parks and Recreation and
the Director of Finance.
On motion of Councilman, Settle ,,.seconded by Councilwoman Dove y _.
and on the following roll call vote:
AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig
NOES: None
ABSENT: None.
the foregoing resolution was passed and adopted this 9th day of November._ ,
1982.
M or Me anie C. Billig
ATTEST:
City �lerk - Pamela Viy es/
APP VED:
City Administrative Officer-1
City'Attorney
r, 47b1
MIBIT "A"
SERVICE AGREEMENT �- AGREEMENT
NUMBER
AUTOMATIC ALARMS, INC.
P.O. Box 415, San Luis Obispo, California 93406 • Telephone (805) 543 -3214
This AGREEMENT made this First day of November 19 82 between
AUTOMATIC ALARMS, INC., it's assigns or successors (hereinafter called "COMPANY), and San Luis Obispo City Parks
and Recreation Deaartment
(hereinafter called "SUBSCRIBER).
1. The Company will furnish electric protective service to the Subscriber in connection with Subscriber's premises
at Administration Offices, 1715 Fixlini, San Luis Obispo, California
by means of the electric protective equipment (hereinafter referred to as "SYSTEM ") specified in the Schedule of Installation and/or Schedule of
Services.
2. Schedule of Installation: Provide- Burglar Alarm Service:
Install ma`C�; control with standby power for emergency operation of entire system.
System to hnvL, nutomatic reset feature. Install electronic siren. Install high security
keyswitch with otatus lights for ON /OFF control. Install alarm transmitter to transmit
alarm signals over the switched telephone network to Companys' Central Station. Install
Ith ce (2)- pr-''-ro :. -!=a aonic-motio>� sensors: Install-OW7 eor•contacri Install -one
pasaivc infr= - -d censor.
3. Schedule of Services: ?rov1de Central Station monitoring and notification.
urovide semi- annual test and inspection.
Provide all necessary emergency service calls.
4. TERM, PAYMENT, RENEWAL: Subscriber hereby y agrees to pay Automatic Alarms, Inc., it as gents of assigns:.; r,
(a) For installation, the sum of *06 hundred forty dollars and no cents :($ $140.00* )
Dollars, payableir' ( Dollars upon
execution of this agreement and *NA hundred forty dollars and no eent(s S140., 61i )Dollars upon completion
of installation;
(b) For service, the sum of *Four hundred eight dollars and no cents ($1$408.00* ) Dollars, payable at
the rate of *Thirty-four ;dollaYS and no cents ($$34.00* ) Dollars per month, in advance
on the first day of the month commencing with the month following completion of installation, for a period of
Twelve (12) 7nontths - from the date of; comp) to Ionpf installation of;th se ys[em In addition, together with the first monthly payment,
Subscriber shall pay the pro rata share of the monthly_'chaige;for; the month in wfiich installation wa completed; ,
(c) This agreement shall automatically be renewed for^additional=te�ms of 3tielVe =fl2� months each at the same monthly
service rate, subject to paragraph fourteen, unless either party, notifies the other in writing, of its intention to terminate,this agreement, not less than thirty
(30) days prior to the expiration;of the original term 'or any;renewal, terms thereof.
, �� y
d The Sribscribai shall be res ponsible fo r, maki ng oal ymenDOfcommercia
fcommunications carrier-signal channel chargesJo the
commercial communications carrier.
5. INSTALLATION OF SYSTEM: INTERRUPTION OF SERVICE: Subscriber authorizes Company, its agents or assigns, to instal I or cause to be installed
the protective system set forth herein Subscriberauthorizesuseofelectricaloutletsrequiredandnecessary currentthroughhismeter ,athisexpense.
It is agreed that the Company is authorized to make any preparations such as drilling holes, making attachments, or doing any other thing or things
necessary or pertinent to the installation of the system. Company intends generally to conceal wiring in the furnished areas of the premises; however,
there may be areas in which, due to construction, decoration orfumishing of the premises, that it would be impractical to conceal the wiring; and in such
cases the wiring will be exposed. The Subscriber agrees to provide for lifting and replacing carpeting, if /required, for the installation of floor mat
switches or wiring. Subscriber warrants that Subscriber has full authority and permission from the owner,of said'premises to permit the installation of
the system. Any error or omission.in the construction of installation of the system must be called to the'attention of Company in writing, within five (5)
days after completion of installation: Otherwise, the installation shall be deemed totally satisfactory to and accepted by Subscriber. Company assumes
no liability fordelays in installation of theequiprrientor for interruption of service due to strikes; 'iots,.floods, storms, earthquakes, fires, powerfailures,
insurrection, interruption or unavailability of signal channel carrier service, acts otGod; oor forany othei cause beyond the control of Company, and will
not be required to supply service toSubscriberwhi interruptiorofservicedueny .such ausemay continue. Company will in such event attempt to
give notice to Subscriber.
6. SERVICE; INSPECTION; COST OF REPAIRS: Subscriber authorizes and'empowers Company to maintain and service the aforesaid system and to
make any necessary inspections, tests and repairs as required. Repair`s necessitated by ordinary wear and tear shall be at Company's expense.
Subscriber acknowledged the Company's obligation hereunder relates solely to the maintenance of the specified alarm system and, that Company is
in no way obligated to insure the operation of the system or to maintain or service Subscriber's property or the property of others to which Company's
system is connected. 7
7. RECEIPT OF COPY. SUBSCRIBER ACKNOWLEDGES RECEIPT OF A COPY OF THIS AGREEMENT..
8. NOTICE TO SUBSCRIBERS (1) DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT, OR IF IT CONTAINS ANY BLANK SPACES; (2) YOU
ARE ENTITLED TO A COMPLETELY FILLED IN COPY OF THIS AGREEMENT; (3) UNDER THE LAWS YOU HAVE THE RIGHT TO PAY OFF, IN
ADVANCE, THE FULL AMOUNT DUE AND TO OBTAIN A PARTIAL REFUND OF THE FINANCE CHARGES, IF ANY, PROVIDED FOR HEREIN;
AND, (4) IF YOU DESIRE TO PAY OFF IN ADVANCE THE FULL AMOUNT DUE, THE AMOUNT OF THE REFUND YOU ARE ENTITLED TO, IF.ANY,
WILL BE FURNISHED UPON REQUEST. (CALIFORNIA CIVIL CODE SECTION 1803.2).
,9._ COMPANY S LIABILITY: COMPANY DOES NOT REPRESENT OR_WARRANT:.THAT THE ALARM SYSTEM MAY NOT BE COMPROMISED OR
CIRCUMVENTED: ORTHATTHE SYSTEM WILL PREVENT ANY LOSS BY BURGLARY, HOLD -UP, FIRE OR OTHERWISE; OR THATTHE SYSTEM
WILL, IN ALL CASES; PROVIDE THE PROTECTION FOR WHICH IT IS INSTALLED OR INTENDED. SUBSCRIBER ACKNOWLEDGES AND
AGREES: THAT COMPANY IS NOT AN INSURER; THAT SUBSCRIBER ASSUMES ALL RISK OF LOSS OR DAMAGE TO SUBSCRIBER'S
PREMISES OR TO CONTENTS THEREOF; AND THAT SUBSCRIBER HAS READ AND UNDERSTANDS ALL OF THIS AGREEMENT, PARnCU-
LARLY PARAGRAPHS TWENTY THREE AND TWENTY FOUR WHICH SETS FORTH COMPANY'S MAXIMUM LIABILITY IN THE EVENT OF ANY
LOSS OR DAMAGE TO SUBSCRIBER OR ANYONE ELSE.
10. DISCLAIMER OF WARRANTIES: COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES AS TO ANY MATTER WHATSOEVER, INCLUD-
ING, WITHOUT LIMITATION, THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY, OR ITS FITNESS FOR ANY PARTICULAR USE.
SUBSCRIBER ACKNOWLEDGES: THAT ANY AFFIRMATION OF FACT OR PROMISE MADE BY COMPANY SHALL NOT BE DEEMED TO
CREATE AN EXPRESS WARRANTY: THAT SUBSCRIBER IS NOT RELYING ON COMPANY'S SKILL OR JUDGMENT IN SELECTING OR
FURNISHING A SYSTEM SUITABLE FOR ANY PARTICULAR PURPOSE; AND THAT THERE ARE NO WARRANTIES WHICH EXTEND BEYOND
THOSE ON THE FACE OF THIS AGREEMENT
AUTOMATIC ALARMS, INC. is . SUBSCRIBER
By
trr,.t:
Approved:
tv LA, :rte ufi.L
THIS AGREEMENT SHALL NOT BE BINDING UPON COMPANY UNLESSAPPROVED IN WRITING BY AN OFFICER OF COMPANY. IN THE EVENT OF
NON - APPROVAL, THE SOLE LIABILITY OF COMPANY:.SHALL BE TO REFUNO-TO SUBSCRIBER ANY AMOUNT THAT HAS BEEN PAID TO
COMPANY BY SUBSCRIBER UPON THE SIGNING OF THIS AGREEMENT
THE TERMS AND CONDITIONS CONTAINED ON THE RIEVt.RSE SIDE'OF THIS AGREEMENT ARE INCORPORATED HEREIN AND BY REFERENCE
MADE A PART HEREOF / W TE' Office. , CANARY: Subscriber's Return Copy PINK: Subscriber's Copy GOLDENROD: Work Copy
ATTEST: a
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11. RESPONSE TO ALARMS:
(a) LOCAL ALARM: Company, upon receipt of informati r at an audible device is
sounding on the premises of Subscriber, will make a reasonable effort to notity
Subscriber or his designated representative by telephone at the phone number and
address supplied to Company in writing by Subscriber. If Subscriber cannot be
reached or does not appear at the above - described perrnises within (30) minutes
from the time Company receives information that the audible device is sounding, or if
Company is called upon to turn off any audible alarm at the above address at anytime,
by any public official or officer, Subscriber hereby authorizes and appoints Company,
as its agent, to turn off the said audible device and agrees to hold Company harmless
and to indemnity Company from any damage, loss or liability which may result from
ARM: Company or its designee, shall without warranty,
rrt to do the following:
alarm signal, transmit the alarm to the headquarters of
nt having jurisdiction and notify the Subscriber or his
by calling the telephone number supplied to Company in
receipt of a hold -up alarm signal, transmit the alarm to the public police
(3j Upon receipt ofasprinkler signal, waterflow signal, manual or automatic fire alarm
signal, transmit the alarm to the public fire department having jurisdiction and notity
Subscriber or his designated representatives by calling the telephone number
sup lied to Company in writing by Subscriber.
(4) upon receipt of a monitor signal, notity Subscriber or his designated representa-
tives by calling the telephone number supplied to Company in writing by Subscriber.
(5) It is further agreed that should Company have just cause to assume that an
emergency does not exist, CompanyY may not notify the public agency having jurisdic-
tion but shall make a reasonable effort to notify the Subscriber by telephone, unless
instructed to do otherwise by the Subscriber.
(c) POUCEIFIRE DEPARTMENT CONNECTED ALARMS: Subscriber acknowl-
edges that the signals transmitted from Subscriber's premises will be monitored in
police or fire departments or other locations, and that the personnel of such police or
fire department or other location are not the agents of the Company, nor does
Company assume any responsiblity, for the manner in which said signals are moni-
tored or the response, if any, to such signals. Subscriber acknowledges that signals
which are transmitted over commercial communications carrier signal channel lines
are whollyy beyond the control and jurisdiction of Company and are maintained and
service d by the commercial communications carrier. Subscriber acknowledges that
signals may in some instances terminate in equippment at police or fire departments or
other locations that are not underthe control of Comparry and that Company does not
assume responsibility for the operation or nonoperatron of said equipment.
12. FALSE ALARMS: In the event an excessive number of false alarms are caused
by Subscriber's carelessness, malicious action, or in the event Subscriber in, any
manner misuses or abuses the system, Company mayy, in its sole discretion, deem
same to be a material breach of contract on the part of Subscriber and, at its option, in
addition to all other legal remedies set forth below, be excused from further perfor-
mance, upon the giving of ten (10) days written notice to Subscriber. Company's
excuse from performance shall not affect its right to recover damages from Sub-
scriber. In the event a fine, penalty or fee is assessed against Company by any
governmental or municipal agency as a result of any alarm originating from Sub-
scriber's premises, Subscriber agrees to forthwith reimburse Company for same. In
the event Company dispatches an agent to respond to an alarm originating from
Subscriber's premises, where Subscriber intentionally or negligently has activated
the alarm signal, and no alarm condition exists, or Company makes any service call
caused by the inadvertence or negligence of Subscriber, Subscriber shall pay to
Company, the standard rate then in effect for each such service call.
Subscriber represents that he fully understands that the equipment, because of its
sensitivity and nature, is subject to the influence of external events which are not
within the control of Company and which may cause the alarm to activate. Any and all
such alarms which may occur, shall not be construed as improper operation of the
equipment, nor as a malfunction thereof, nor shall any or all of such alarms excuse
any of the obligations of Subscriber as set forth in this agreement.
13. AUDIBLE ALARM SHUT-OFF: Subscriber acknowledges and understands that
if the system has an audible alarm, and if the audible alarm has an automatic shut -off
device, and the alarm sounds for any reason, it is to automatically shut off after
sounding for a period of time not to exceed thirty (30) minutes. Subscriber further
acknowledges: that unless an attempted entry is apparent or unless Subscriber is
notified that the system was activated, Subscriber will have no way of knowing that the
system was activated and automatically shut off; that the system may not reset after
the audible device has been activated and automatically shut off, and that it therefore
must be manually restored.
14. INCREASES IN TAXES, UTILITY CHARGES OR MONTHLY SERVICE:
(a) Subscriber acknowledges that all charges set forth herein are based upon existing
Federal, State and local taxes and utility charges, including commercial communica-
tions carrier signal channel charges, if airy Company shall have the right, at anytime,
to increase the monthly charges provided herein, to reflect any additional taxes, fees
orcharges which hereafter may be imposed on Company by any utility or govemmen-
tal agency relating to the service provided under the terms of this Agreement, and
Subscriber agrees to pay the same.
(b) So the Company may properly adjust its rates to meet changing service and
maintenance costs, and not withstanding the terms and conditions set forth herein,
after the expiration of one (1) year from the date of completion of the installation,
Company may at anytime increase the monthly service charge by a maximum of
twenty percent (200/6) per year, upon giving the Subscriber notice in writing. If the
Subscriber is unwilling to pay the increased montlhy charge, Subscriber may termi-
nate this Agreement upon giving notice in writing to Company within thirty (30) days
from the effective date of the increase. Subscriber's failure to notify Company within
thirty (30) days shall constitute Subscriber's consent to the increase.
15. SUBSCRIBER'S DUTIES AS TO USE OF SYSTEM: It is understood and agreed
that it is the obligation of the Subscriber to property operate the system. Where
applicable, the Subscriber shall carefully and property test and set the alarm system
immediately prior to the securing of the premises during the term of this agreement.
Subscriber shall see that displays, budding machinery, or other devices or things that
might interfere with the proper operation of the system are secured so they will not
interfere with said system. If any defect in operation of the system develops, or in the
event of an extended power failure or other interruption at Subscriber's premises,
Subscriber shall notity Company immediately. Company shall repair such defective
condition as soon after receipt of notice as is reasonably possible. Where system is
monitored at a remote location the Subscriber should, once a week, arrange a test for
receipt of alarm signals at the remote location.
16. CHANGE TO THE SYSTEM; COSTS OF REPAIRS; ADDITIONAL PROTEC-
TION; RISK OF LOSS: The cost of any changes and variances in the system, as
herein contracted for or as orignally installed, made at the request of or made
necessary or required by Subscriber's action, or which may be demanded by any
governmental agency or insurance interest or inspection and rating bureau, are to be
borne by Subscriber. SUBSCRIBER ACKNOWLEDGES THAT SUBSCRIBER HAS
CHOSEN THIS SYSTEM AND THAT ADDITIONAL PROTECTION IS AVAILABLE
AND MAY BE OBTAINED FROM COMPANY OVER AND ABOVE THAT PROVIDED
HEREIN, AT AN ADDITIONAL COST TO SUBSCRIBER. All risk of loss or damage to
the system shall be home exclusively by Subscriber whose obligations hereunder
shall not be diminished by any such loss or damage.
17. AUTHORD:ED PERSONNEL: Subscriber agrees to furnish Company forthwith a
written list of the names, phone numbers and signatures of all persons authorized to
enter the premises or to be notified in the event of an alarm. All changes, revisions and
modifications to the above shall be supplied to Company in writing.
18. TITLE TO EQUIPMENT; REMOVAL OF SYSTEM: Subscriber acknowledges
and agrees that this Agreement is for the providing of service only, and that except as
hereinafter provided, the major components installed herein, including but not limited
to transmitters, detection devices, bell boxes and controls shall at all times remain the
sole property of Company. Upon the expiration of this Agreement, or upon any default
as herein set forth, Company is authorized to enter upon the premises of Subscriber
and to remove all of the Company owned equipment. Removal of Company owned
equipment shall be without prejudice to the collection of any and all sums due under
the entire contract or extensions or renewals thereof. Subscriber shall, in such event,
return the said Company owned equipment to Company in good condition, reason-
able wear and tear excepted.
Upon completion of the ir,_ -dion, title to all of the non - recoverable equipment,
materials, supplies, including`out not limited to, wire, cable, foil, conduit, screens and
the labor for the installation of the system shall vest in the Subscriber. Notwithstand-
ing the foregoing, during the term of this Agreement, Subscriber will not damage,
encumber, tamper with or disturb any portion of this system, or permit the system to
be damaged, encumbered, taken from the premise, tampered with, or repaired by
anyone who is not an authorized agent of Company. In the event of loss or damage to
any portion of this system, whether owned by Company or Subscriber, Subscriber
agrees to pay Company the reasonable value for the replacement or repair of the
Company owned equipment or the installation on the Subscriber's premises. Sub-
scriber agrees that the installation of the Company owned equipment does not create
a fixture to Subscriber's premises as to that equipment.
19. SUSPENSION OR CANCELLATION OF THIS AGREEMENT: This Agreement
may be suspended or cancelled without prior notice at the option of Company or
Subscriber if Company's or Subscriber's premises or equipment are destroyed by fire
or other catastrophe, or so substantially damaged that it is impractical to continue
service, or in the event Company is unable to render service as a result of any action
by any governmental authority, written notice shall be given as soon as practical after
the occurrence of such event.
20, DELINQUENCY; RECONNECT CHARGES; INTEREST: In the event any pay-
ment due herein is more than forty -five (45) days past due, Company may terminate
this agreement forthwith or Company may s any 0r all services until such past
due amount is paid in full. The system may be deactivated and if necessary to enter
Subscriber's premises to deactivate the system the Company is empowered to so
enter Subscriber's premises at any reasonable time. Subscr loam agrees to pay in
advance to Company a reconnect charge to be fixed by Company in a reasonable
amount. In the event of non - payment of any amount when due Company shall be
entitled to interest thereon at the maximum rate permitted by law
21. CHANGE IN OWNERSHIP OF SUBSCRIBER'S PREMISES: Subscriber ac-
knowledges that the sale or transfer of Subscriber's premises or business shall not
relieve Subscriber of his duties or obligations under this agreement Subscriber may
not assign or permit anyone to take said system without the written consent of
Company. It is agreed that should Subscriber vacate or terminate beneficial occu-
pancy at the premises where the system is installed while owing any amount for
service that such combination of acts shall constitute a breach of contract.
22. TERMINATION AND EXPIRATION: In the event of termination of this Agreement
or upon expiration of this Agreement, Company shall have the immediate right to
remove the equipment under the terms and conditions set forth herein. Removal of
the system and equipment shall not be considered to constitute a breach by Company
of this Agreement or waiver by Company of such damages or rights.
Company shall not be responsible for damage caused to Subscriber's premises by
reason of the removal of the alarm system from Subscriber's premises in a reason-
able manner.
23. COMPANY IS NOT AN INSURER; DISCLAIMER OF WARRANTIES; LIOUID-
ATED DAMAGES: It is understood and agreed: that Company is not an insurer; that
insurance, if any, shall be obtained by Subscriber; that the payments provided for
herein are based solely on the value of the service as set forth herein and are
unrelated to the value of the Subscriber's property or the property of others located on
Subscriber's premises; that Company makes no guarantee or warranty, including any
implied warranty of merchantability or fitness that the equipment or services supplied
will avert or prevent occurrences or the consequences therefrom which the system or
service is'designed to detect or avert. Subscriber acknowledges that it is impractical
and extremely difficult to fix the actual damages, if any, which may proximately result
from failure to perform any of the obligations herein, or the failure of the system to
properly operate with resulting loss to Subscriber because of, among other things:
(a) The uncertain amount or value of Subscriber's property or the property of others
kept on the premises which may be lost, stolen, destroyed, damaged or otherwise
affected by occurrences which the system or service is designed to detect or avert;
(b) The uncertainty of the response time of any police or fire department or other
agency should the police or fire department or other agency be dispatched as a result
o a signal being received or an audible device sounding;
(c) The inability to ascertain what portion, if any, of the loss would be proximately
caused by Company's failure to perform or by its equipment to operate;
(d) The nature of the service to be performed by Company. Subscriber understands
and agrees that if Company should be found liable for loss or damage due to a failure
of service or equipment in any respect whatsoever, Company's liability shall be
limited to a sum equal to the fatal of six (6) monthly 4 do ayments or tw0 h
ndred fifty
('2'0 00 'd ollars, whichever is the lesser, as liquidatemages and not as a penalty and this liability shall be exclusiveand that the provin of tis section shall apply d loss or damage, irresective of cause or oigin, resultirectly or indirectly to persons
or property, from performance or non - performance of the obigan n imposed by this
contract or from negligence, act ve or otherwise, of Company, its agents, assigns or
employees.
24. INDEMNIFICATION: In the event any person, not a.party to this Agreement, shall
make any claim or file any lawsuit against Company for any reason whatsoever,
Including but not limited to the Installation, maintenance, operation, or the non-
operation of the alarm system, Subscriber agrees to indemnity, defend, and hold
Company harmless from any and all claims and lawsuits, including the payment of all
damages, expenses, costs and attorney's fees, whether these claims be based upon
alleged intentional conduct, active or passive negligence, or strict or product liability
on the part of Company, its agents, servants or employees.
25. ATTORNEYS FEES: In the event h shall become necessary for Company to
instigate legal proceedings to collect the cost of installation or the monthly service
charge as set forth herein, then and in such proceeding the unsuccessful party shall
pay to the successful party reasonable attorney's fees where permitted by law.
26. PRIORITY OVER PURCHASE ORDER: It is understood and agreed by and
between the parties hereto, that if there is any conflict .. between this Agreement and
Subscriber's purchase order, or any other document, this Agreement will govern,
whether such purchase order or other document is prior or subsequent to this
Agreement.
27. ASSIGNMENT SUBROGATION: This Agreement is not assignable by the Sub -
scriber except upon the written consent of the Company first being obtained. The
Subscriber may not assign any rights inurin9 under this contractor under the relation-
ship created.hereby either voluntarily or by operation of law without having first
obtained the written consent of the Company. The Subscriber does hereby for Itself
and all parties claiming under it release and discharge the Company from and against
all hazards covered by insurance, it being expressly understood and agreed that no
insurance company or insurer shall have any rights of subrogation against the
Company.
26. INVALID PROVISIONS: In the event any of the terms or provisions of this
Agreement shall be declared to be invalid or inoperative, all of the remaining terms
and provisions shall remain in full force and effect.
29. ENTIRE INTEGRATED AGREEMENT; MODIFICATION; ALTERATIONS;
WAIVER: This writing is intended by the parties as a final expression of their Agree-
ment and as a complete and exclusive statement of the terms thereof, and in particu-
larparagraph 23 which sets forth Company's maximum liability m the event of loss or
damage to Subscriber or others. This Agreement supersedes all prior representa-
tions, understandings or agreements of the Dart ies, and the parties re ly only upon the
contents of this Agreement in axecutin A This Agreement can only be modified by a
writing signed by the parties or their duly authorized agent. No waiver ofa breach of
any term or condition of this Agreement shall W construed to be a waiver of any
succeeding breach.
30. NOTICES: All notices to be given hereunder shall be in writing and may be
served, either personally or by mail, postage prepaid to the addresses set forth in the
Agreement or to any other addresses provided by one to the other from time to time in
writing.
31. PARAGRAPH HEADINGS: The paragraph fides used herein are for the conveni-
ence of the parties only and shall not be considered construing the provisions of this
Agreement.
y- J
RESOLUTION NO. 4980 (1982 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO IN SUPPORT OF PACIFIC GAS & ELECTRIC
COMPANY'S ZERO INTEREST PROGRAM
WHEREAS, the City of San Luis Obispo is engaged in a comprehensive
energy conservation program aimed at reducing average conventional energy
use per person in 1995 to about 60% of 1980 consumption; and
WHEREAS, a significant part of the City program is to encourage, by
various means, the upgrading of energy performance in existing structures and
to inform the public of energy- saving innovations; and
WHEREAS, to encourage energy conservation, PG &E is offering interest -free
loans for energy- saving home improvements; and
WHEREAS, these home improvements can help residents control energy costs; and
WHEREAS, PG &E is making special efforts to inform senior citizens, non-
English speaking customers, landlords, and renters about the program; and
WHEREAS, PG &E in cooperation with local community groups, has sponsored
a ZIP Energy Tour to make residents more aware of the benefits of ZIP and the
need to conserve energy.
NOW; THEREFORE, BE IT RESOLVED that the San Luis Obispo City Council,
State of California, hereby endorses the Zero Interest Program and urges
the community to consider the ZIP program as one means of accomplishing energy
conservation in the home.
On motion of Councilman Settle , seconded by Councilwoman Dovey
and on the following roll call vote:.
AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig
NOES: None
ABSENT: None
This foregoing Resolution was passed and adopted this 9th day of
November , 1982..
R.4980
�i
Resolution No. 4980 (1982 Series)
Y
C
1 Y0 ANIE C. LLIG
ATTEST
CII CLERK PAMELA -VOG -/
Approved:
City Administrative Vf er ic
City Attorney
-2-
I
RESOLUTION NO. 4979 (1982 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE
CITY AND GREAT WESTERN SAVINGS, A FEDERAL SAVINGS
AND LOAN ASSOCIATION. -
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That certain agreement, attached hereto marked Exhibit "A"
and incorporated herein by reference, between the City of San Luis Obispo and
Great Western Savings, A Federal Savings and Loan Association
is hereby approved and the Mayor is authorized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution and
a copy of the executed agreement approved by it to: Great Western Savings;
Finance Director
On motion of Councilman Settle , seconded by Councilwoman Dovey ,
and on the following roll call vote:
AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolut -ion was passed
ATTEST:
CITY
U�
AP .
CitY Administrative Of-ficerl
adopted this 9th day of November
R 4979
1982 .
LEASE AGREEMENT
This.Agreement, dated as.of.the date affixed beside the
signatures hereto., is between the City of San Luis Obispo (City)
And Great'Westdrn SaVingt, A Federal Savings and Loan Association
(40§ociation)i
WHEREAS, the.City has by Ordinance established the Downtown
Parking and-Bttiness.Irnprovement Area and appointed an advisory
board.to make recommendations to the City concerning the expenditure
of increased business license.taxes imposed upon businesses in the
Area; and
WHEREAS, said advisory board has negotiated with Association
for the rental of a portion of Association's parking lot and said
board has recommended that the City enter into the following
agreement with Association, with the understanding that Area tax
revenues will be used to reimburse City for all costs of initially
poh.verting. -the.16t-for City use and of reconverting to Association's
use at the termihat-ion'of.this lease, as well as to hold the City
harmless from.loss during the term of the lease.
NOW THEREFORE, in consideration of the mutual
promises and
agreements hetein.contaified, the parties hereto agree as follows:
1. Association, with offices at 1235 Chorro Street in the
City -of Pan Luis Obispoi hereby leases to the City of San Luis
Obispo a portion of its privately owned parking lot adjoining its
offices and situated. -at the southerly corner of the intersection
of Marsh and Ch6rro Streets, said portion generally described as
the p6rtion.next•t6 Marsh Street with space for two separate rows
of parking totall-ing-approximately twenty-one.(21) parking spaces.
2. City agrees to pay Association the sum of. $367.50 pet
monthi calculated upon the basis of $17.50 per month per parking
space., If City and Association agree later that the leased area
actually provides more or fewer -than twenty-one (21) parking
spape,sj, and if the City actually utilized the area in accordance
therewith, thp,tehtal sum shall be adjusted upward,or downward at
the monthly rate of $17.50 per space differential..
31i The term of this lease shall be for a period of one
year commencing July 1, 1982, and the lease shall be automatically
renewable for one.year terms on each subsequent July 1 in
succeeding years. However, either party may terminate the lease
in succeeding years, six months after serving written notice of
intention to terminate.
4. City agrees to maintain the parking lot in good condition
and_.to hold Association harmless from any and all claims arising
from City's operation of said parking lot.
5. In the event of final termination of this lease by
non. - renewal, judicial order, or any other lawful means, City shall
remove all City parking meters.and. signs, and shall restore said
parking lot to its original condition, insofar as practicable.
6. For purposes of notice under this agreement, notice
shall be deemed complete when given in writing by certified mail
to the-other party at the address below:
ASSOCIATION: Great Western Savings,
A Federal.Savings and Loan Association
P.O. Box 1010
Northridge, California 91328
Attention Real Estate. Department
CITY:. City of San Luis Obispo
City Clerk
P.O. Box 321
San Luis Obispo, California 93406
IN WITNESS WHEREOF, the parties hereto have caused.this
Lease to be executed.
Date :. November 9, 1982-
ATTEST:
i
CITY CLERK PAMELA 0 ftS
l _
Ii
GREAT-WESTERN SAVINGS,
A FEDERAL SAVINGS AND LOAN ASSOCIATION
Harry E. Henderson, Vice President
CITY OF SAN LUIS OBISPO
RESOLUTION NO. 4978 (1982 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE
CITY AND Burns and Watry Inc.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That certain agreement, attached hereto marked Exhibit "A"
and incorporated herein by reference, between the City of San Luis Obispo and
Burns and Watry Inc.
is hereby approved and the Mayor is authorized to execute the same.
SECTIO14 2. The City Clerk shall furnish a copy of this resolution and
a copy of the executed agreement-approved by it to: Burns & Watry, Inc.;
City Finance Director; Community Development Director
On motion of Councilman Settle seconded by Councilman Griffin_ ,
and on the following roll call vote:
AYES: Councilmembers _Settle,;Griffin, Dovey, Dunin and Mayor Billig_
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 9th day of November _, 1982.
APP ED:
City Administrative Of ices
City A '
Gi�ro�
Ffnance'Dire
R 4978
CONSULTANT SERVICES AGREEMENT
This agreement, made this 9th day of November, 1982, by and between the
CITY OF SAN LUIS OBISPO, California (hereinafter referred to as "City "), and
BURNS AND WATRY, INC., P.O. Box 388, Santa Rosa, California 95402 (hereinafter
referred to as "Consultant ").
WITNESSETH:
WHEREAS, the City wishes to determine whether or not it is feasible to
initiate a redevelopment project within the City of San Luis Obispo, consisting
of affordable priced housing, senior citizen housing, redevelopment, and
necessary improvements, including parking, street improvements, utility
relocations, traffic controls., and related projects; and
WHEREAS, the City expects that said project will be developed in increments
over a period of years; and
WHEREAS, the City requires professional consultint services in the area of
redevelopment planning and finance; and
WHEREAS, the City, after review and consideration, has determined that the
Consultant is qualified by training and experience to perform said services:
WHEREAS, the Council have determined, based on information provided by
staff, that Burns & Watry, Consultants, is the sole source for the services
required by city.
NOW, THEREFORE, in consideration of the conditions and terms contained
herein, the parties hereto agree as follows:
1. PROJECT COORDINATION
a. City. The Community Development Director shall be the
representative of the City for all purposes under this agreement. The
director or his designated representative hereby is designated as the
Project Manager for the City. He shall supervise the progress and
execution of this agreement.
b. Consultar, Consultant shall assign a sinbLe Project Manager to
have overall responsibility for the progress and execution of this
agreement for Consultant. Mr. James K-i�- H-a*e hereby is designated as the
Project Manager for Consultant. Should circumstances or conditions
subsequent to the execution of this agreement require a substitute Project
Manager for any reason, the Project Manager designee shall be subject to
the prior written acceptance and approval of the Community Development
Director.
2. DUTIES OF CONSULTANT
a. Services to be furnished. Consultant, as an independent
contractor employed by the City, shall perform the services set forth in
Exhibit "A" attached hereto and incorporated herein by reference.
b. Laws to be observed. Consultant shall:
(1) Procure all permits and licenses, pay all charge and fees, and
give all notices which may be necessary and incident to the due and lawful
prosecution of the services to be performed by Consultant under this
agreement;
(2) Keep itself fully informed of all existing and future federal,
state and local laws, ordinances, regulations, orders, and decrees which
may affect those engaged or employed under this agreement, any materials
used in Consultant's performance under this agreement, or the cdnduct of
the services under this agreement;
(3) At all times observe and comply with, and cause all of its
employees to observe and comply with all of said laws, ordinances,
regulations, orders, and decrees mentioned above;
(4) Immediately report to the City's Project Manager in writing any
discrepancy or-inconsistency it discovers in said laws, ordinances,
regulations, orders, and decrees mentioned above in relation to any plans,
drawings, specifications, or provisions of this agreement.
c. Release of reports and information. Any reports, information,
data, or other material given to, or prepared or assembled by, Consultant
under this agreement shall be the property of City and shall not be made
available to any individual or organization by Consultant without the prior
written approval of the City's Project Manager.
d. Copies of reports and information. If City requests additional
copies of reports, drawings, specifications, or any other material in
addition to what the Consultant is required to furnish in limited
quantities as part of the services under this agreement, Consultant shall
provide such additional copies as are requested, and City shall compensate
Consultant for the costs of duplicating of such copies at Consultant's
direct expense.
e. Qualifications of Consultant. Consultant represents that it is
qualified to furnish the services described under this agreement.
3. COMPENSATION
For the full performance of the services described herein, the City
shall compensate Consultant on a time and materials basis at the rates set
forth in Exhibit "B ", attached hereto and incorporated by reference. In no
case shall total compensation exceed $7,850 plus out -of- pocket expenses
without specific authorization from the city project manager.
4. TIMETABLE FOR STUDY
Consultant shall complete work described in Exhibit "A" and submit to
city a "camera ready" draft project report within 45 days following the
receipt of information to be provided by City as shown on Exhibit "C ",
attached herein and incorporated by reference.
Time extensions may be mutually agreed upon in writing for delays
caused by City, other governmental agencies, or factors not directly
brought about by the negligence or lack of due care on the part of
Consultant.
1
5. CHANGES TO SCOPE OF WORK
The parties may, from time to time, request changes in the scope of
work of this agreement to be performed hereunder. Such changes, including
any increase or decrease in the amount of the Consultant's compensation,
which are mutually agreed upon by and between the City and the Consultant,
shall be incorporated in written amendments to this Agreement, and no work
shall be done by Consultant on a proposed amendment until the City executes
the Amended Agreement.
6. TEMPORARY SUSPENSION
The city's project coordinator shall have the authority to suspend
this agreement, wholly or in part, for such period as he deems necessary
due to unfavorable conditions or the failure on the part of Consultant to
perform any provision of this agreement.
7. SUSPENSION: TERMINATION
a. Right to suspend or terminate. The City retains the right to
terminate this agreement for any reason by notifying Consultant in writing
seven days prior to termination and by paying the compensation due and
payable to the date of termination; provided, however, if this agreement is
terminated for fault of Consultant, City shall be obligated to compensate
Consultant only for that portion of Consultant services which are of
benefit to City. Said compensation is to be arrived at by mutual agreement
of the City and Consultant and should they fail to agree, then an
independent arbitrator is to be appointed and his decision shall be binding
upon the parties.
b. Return of materials. Upon such termination, Consultant shall turn
over to the City immediately any and all copies of studies, sketches,
drawings, computations, and other data, whether or not completed, prepared
by Consultant, and for which Consultant has received reasonable
compensation, or given to Consultant in connection with this agreement.
Such materials shall become the permanent property of City. Consultant,
however, shall not be liable for City's use of incomplete materials or for
City's use of complete documents if used for other than the project
contemplated by this agreement.
8. INSPECTION
Consultant shall furnish City with every reasonable opportunity for
City to ascertain that the services of Consultant are being performed in
accordance with the requirements and intentions of this agreement. All
work done and all materials furnished, if any, shall be subject to the
City's Project Manager's inspection and approval. The inspection of such
work shall not relieve Consultant of any of its obligations to fulfill its
agreement as prescribed.
9. OWNERSHIP OF MATERIALS
All original drawings, plans, documents and other materials prepared
by or in possession of Consultant pursuant to this agreement shall become
the permanent property of the City, and shall be delivered to the City upon
demand.
10. INDEPENDENT JUDGMENT
Failure of City to agree with Consultant's independent findings,
conclusions, or recommendations, if the same are called for under this
agreement, on the basis of differences in matters of judgment shall not be
construed as a failure on the part of Consultant to meet the requirements
of this agreement.
11. ASSIGNMENT' SUBCONTRACTO4S: EMPLOYEES
This agreement is for the performance of professional consulting
services of the Consultant and is not assignable by the Consultant without
prior consent of the City in writing. The Consultant may employ other
specialists to perform special services as required with prior approval by
the City.
12. NOTICES
All notices hereunder shall be given in writin g and mailed, postage
prepaid, by Certified Mail, addressed as follows:
1
To City: Office of the City Clerk
City of San Luis Obispo
P.O. Box 321
San Luis Obispo, CA 93406
To Consultant: Burns and Watry
P.O. Box 388
Santa Rosa, CA 95402
13. INTEREST OF CONSULTANT
Consultant covenants that it presently has no interest, and shall
not acquire any interest, direct or indirect, financial or otherwise, which
would conflict in any manner or degree with the performance of the services
hereunder. Consultant further covenants that, in the performance of this
agreement, no subcontractor or person having such an interest shall be
employed. Consultant certifies that no one who has or will have any
financial interest under this agreement is an officer or employee of City.
It is expressly agreed that, in the performance of the services hereunder,
Consultant shall at all times be deemed an independent contractor and not
an agent or employee of City.
14. INDEMNITY
Consultant hereby agrees to indemnify and save harmless City, its
officers, agents and employees of and from:
a. Any and all claims and demands which may be made against City, its
officers, agents, or employees by reason of any injury to or death of any
person or corporation caused by any negligent act or omission of Consultant
under this agreement or of Consultant's employees or agents;
b. Any and all damage to or destruction of the property of City, its
officers, agents, or employees occupied or used by or in the care, custody,
or control of Consultant, or in proximity to the site of Consultant's work,
caused by any negligent act or omission of Consultant under this agreement
or of Consultant's employees or agents;
c. Any and all claims and demands which may be made against City, its
officers, agents, or employees by reason of any injury to or death of or
damage suffered or sustained by any employee or agent of Consultant under
this agreement, however caused, excepting, however, any such claims and
demands which are the result of the negligence or willful misconduct of
City, its officers, agents, or employees;
d. Any and all claims and demands which may be made against City, its
officers, agents, or employees by reason of any infringement or alleged
infringement of any patent rights or claims caused by the use of any
apparatus, appliance, or materials furnished by Consultant under this
agreement; and
e. Any and all penalties imposed or damages sought on account of the
violation of any law or regulation or of any term or condition of any
permit, when said violation of any law or regulation or of any term or
condition of any permit is due to negligence on the part of the
Consultant.
Consultant, at its own costs, expense, and risk, shall defend any and
all suits, actions, or other legal proceedings that may be brought or
employees on any such claim or demand of such third persons, or to enforce
any such penalty, and pay and satisfy any judgment or decree that may be
rendered against City, its officers, agents, or employees in any such suit,
action, or other legal proceding, when same were due to negligence of the
Consultant.
15. WORKERS COMPENSATION
Consultant certifies that it is aware of the provisions of the Labor
Code of the State of California, which require every employer to be insured
against liability for workers compensation or to undertake self- insurance
in accordance with the provisions of that code, and it certifies that it
will comply with such provisions before commencing the performance of the
work of this agreement.
16. INSURANCE
At the request of the Assistant Planner, Consultant shall provide
proof of comprehensive general liability insurance (including automobile)
and a t1ab .Li- t -y— i-nsu -rance in amounts satisfactory to the
Assistant Planner (General Liability $500,000 PT - 1—�ity
5258 ; 8A9) .
17. AGREEMENT BINDING
The terms, convenants, and conditions of this agreement shall apply
to, and shall bind, the heirs, successors, executors, administrators,
assigns, and subcontractors of both parties. ;
18.. WAIVERS
The waiver by either party of any breach or violation of any term,
covenant, or condition of this agreement or of any provision, ordinance, or
law shall not be deemed to be a waiver of any subsequent breach of
violation of the same or of any other term, covenant, condition, ordinance;
or law. The subsequent acceptance by either party of any fee or other
money which may become due hereunder shall not be deemed to be a waiver of
any preceding breach or violation by the other party of any term, covenant,
or condition of this agreement or of any applicable law or ordinance.
19. COSTS AND ATTORNEY'S FEES
The prevailing party in any action between the parties to this
agreement brought to enforce the terms of this agreement or arising out of
this agreement may recover its reasonable costs and attorney's fees
expended in connection with such an action from the other party.
20. DISCRIMINATION
No discrimination shall be made in the employment of persons under
this agreement because of the race, color, national origin, ancestry,
religion or sex of such person.
21. AGREEMENT CONTAINS ALL UNDERSTANDINGS
This document represents the entire and integrated agreement between
City and Consultant and supersedes all prior negotiations, representations,
or agreements, either written or oral. This document may be amended only
by written instrument, signed by both City and Consultant. All provisions
of this agreement are expressly made conditions. This agreement shall be
governed by the laws of the State of California.
IN WITNESS WHEREOF, City and Consultant have executed this agreement the
day and year below written.
Dated:
ATTEST:
By
C'ty Clerk Pam o s
CONSULTANT
7 Fo Burns & Watry
EXHIBIT "A"
CITY OF SAN LUIS OBISPO
FEASIBILITY STUDY WORK PROGRAM AND TIMETABLE
A. TASKS TO BE PERFORMED BY CONSULTANT
Assist in designation of Survey Area
Preliminary determination of blight:
*Physical Blight
*Economic Blight
Project Boundary Alternatives
Financing Alternatives
*Tax Allocation
*Developer Participation
*HUD Funds (CDBG /Housing)
*Cal Trans'
*Other
List of project activities and alternatives
Consultant recommendations shall include:
*Project Survey Area
*Preliminary Project Boundary
*Preliminary Blight Determination
*Project Financing Alternatives
*P- roject Feasibility
*Project Implementation Work Program
*Project Implementation Timetable
B. PROJECT REPORT.
Consultant. shall submit to city a "camera ready" project report which
presents the substance and results of the Consultant's work described -in
paragraph "A" above.
EXHIBIT
CONSULTANT'S SCHEDULE
Principil Consultants and Hourly Rate
.Burns $62.50/hr.
Hale 50.00/hr.
Griffin 30.00/hr.
Para - technical 22.00 /hr.
Secretarial 15.00/hr.
Charges will also include consultant's o,ut-of=p6i--ket expenses;
Travel (at City's tyis mileage reixnb-urse,jm,ent,r&te)
Lodging
Meals
Telephone and Mail
Printing ,and "Duplicating
EXHIBIT "C"
CITY OF SAN LUIS OBISPO
FEASIBILITY STUDY
A. TASKS TO BE PERFORMED BY THE CITY
1. Furnish the Consultant the following data:
*City General Plan
*Land Use Map of Proposed Project Area
*Flood Control Map and Project Description and Cost
*HUD Applications in Project Area
*Census Data of Proposed Project Area
*Assessed Value (Market Value of Proposed Project Area)
(1982/83 roll)
*City Assessed Value Previous Five Years
(Total Value Only)
*City's C.I.P. (1982/83)
*Summary of ideas or concepts for the Proposed Project Area,
i.e., development of interests or possibilities, publid
improvements, etc:
2. Designate a key staff person as principal contact
�J RESOLUTION NO. 4977 J
(1982 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO ACCEPTING BID AND AWARDING A CONTRACT
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That this Council hereby accepts the bid and authorizes the
Mayor to sign a contract on behalf of the City for the following:
PROJECT: Waterline Improvement Project CITY PLAN NO. G -11
Walnut St., Morro to Santa Rosa
ESTIMATE: $30,135.00 BUDGET ACCOUNT: (90)50- 6362- 716(Gll)
BIDDER: RoHo Construction BID AMOUNT: $29,832.03
SECTION 2. That the City Clerk is directed to prepare the appropriate
documents for signature by the successful bidder and the Mayor.
On motion of Councilman Settle seconded by Councilwoman Dovey ,
and on the following roll call vote:
AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 9th day of November ,
1982.
ATTEST:
rig
CITY /CLERK PAME]
APPROVED:
City Administrative Officer
y At
Fi ce Dir
ity,Erigineer:.
MAYOR LANIE C. BILLIG
R 49.77
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O
RESOLUTION NO. 4976 (1982 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING APPROVAL OF A TWELVE -MONTH TIME EXTENSION
FOR TRACT 843 (MARVIN GARDENS) LOCATED AT 528 HATHWAY AVENUE
WHEREAS the subdivider requests a twelve -month time extension to receive
approval of his final map; and
WHEREAS the Planning Commission found that the request for time extension is
justified, and recommends approval; and
WHEREAS the City Council concurs with the Planning Commission.findings;
NOW, THEREFORE, the City Council resolves as follows:
Section 1. That Tract 843 is granted a twelve -month time extension to
October 2 -, 1983, subject to original tentative tract map conditions as specified
in City Council Resolution No. 3976 (1979 Series) attached hereto.
On motion of Councilman Settle , seconded by Councilman Dunin
and on the following roll call vote:
AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 26th day of October ,
1982.
ATTEST:
2W 14 v
City flerk Pamela Vo s
I
Mayor PIe anie C. Billig
R 4976
Resolution No.4976(1982 Series)
Tract 843
Page 2
APPROVED:
City Administrative Officer
M-Yj ,. /. L
Comma -�Development Direct
11
YO,S,S
, , i
RESOLUTION NO. 4975 (1982 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO APPROVING THE 1982 -83 ANNUAL
CLAIM FOR LOCAL TRANSPORTATION FUNDS.
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
Funds.
1. To approve the 1982 -83 Annual Claim for Local Transportation
2. To authorize the mayor to exectue the appropriate claim forms.
3. To direct the City Clerk to forward two executed copies of the
claim and a certified copy of this resolution to:
San Luis Obispo County Area Council of Governments
San Luis Obispo County Courthouse
San Luis Obispo, CA. 93408
4. To direct the City Clerk to forward executed copies of the claim
and this resolution to the Finance Director and the Public Services Director.
On motion of Councilman.Settle, seconded by Councilman Griffin
and on the following roll call vote:
:AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 26th day of October ,
1982.
(l i
Y LAME C. BIL G
ATTEST:
CITY LERK PAMELA V ES
APPROVED:
City Administrative Officer Fi ance irec
City Attorney ` Public Services Director
R 4975
ANNUAL CLAIM FOR LOCAL TRANSPORTATION FUNDS
TO: San Luis Obispo County Area Council of Governments
2156 Sierra Way
San Luis Obispo, CA. 93401
FROM: Claimant: City of San Luis Obispo
Address: P. 0. Box 321
City:
Contact Person:
1(82 -83)
(Claim Number)
San Luis Obispo Zip Code: 93406
David Elliott Telephone No: 541 -1000 x59
This claimant, qualified pursuant to Section 99203 of the Public Utilities
Code, hereby requests, in accordance with Chapter 1400, Statutes of 1971, as
amended and applicable rules and regulations, that an allocation be made in
the amount of
$ 535,700 for the fiscal year 1982 - 1983 to be drawn from
the Local Transportation Fund of the County of San Luis Obispo for the
purposes and in the respective amounts as described in the attached claim
form.
City of San Luis Obispo
(claimant)
G111LIJ1 • _ ... _.. _ _ ..��
CITY CLERK PAMELA VO S
Approved by San Luis Obispo County Area Council of Governments:
By:
Date:
ms5H
pg. 2
Title:
PAGE 1 of 2
FISCAL YEAR 82 -83
LOCAL TRANSPORTATION FUND
ANNUAL PROJECT AND FINANCIAL PLAN
Briefly describe all proposed projects (title and descriptions) the proposed use of these funds
(by Article and Section of the Transportation Development Act) and the proposed expenditures for
the ensuing fiscal year.
Project Title and
Brief Description Purpose: PUC Article /Section Amount
# 1 SLO Transit Article 4
Section 99260(a) $287,070
A local transportation system operated
by the City of San Luis Obispo through
a private transportation contractor.
t 2 North Coastal Transit Article
Section
A regional transportation system operated
by North Coastal Transit, a joint powers
agency, through a private transportation contractor.
8
99400(c)(4)
$ 34,550
# 3 Regional Handicapped Transit
Article
8
Section
99400(c)(4)
$ 11,360
A regional handicapped transportation system
operated by SLO Regional Transit Authority, a
joint
powers agency, through a private transportation contractor.
# 4 Street Work
Article
8
Section
99400(a)
$202,720
Various capital improvement projects
for street maintenance, reconstruction
and construction.
l�
\J l� V
PAGE 2 of 2
Project Title and
Brief Description Purpose: PUC Article /Section Amount
1`
!1
a. Total claim for Article 4.5 Funds (Section 99275)
b. Total claim for Article 4 Funds;(Section 99260).
C. Total claim for Article 8(c) Funds (Section 99400c).
d. Total claim for Article 8(a) Funds (Section 99400a).
(1) Total agency budgeted expenditures
for streets and roads (copy must 1,696,850
be attached to claim). $
(2) Percentage of claim (d) of total
(d -1). i4
e. Total claim designated for
(other)
TOTAL CLAIM:
msH6
$ .287,070
,. as_9in
$ 202,720
Mn
T A T E M E N T O F
i
C O N F O R M A N C E
The City of San_ Luis Obispo hereby certifies that the Annual
(claimant)
Claim for Local Transportation Funds for Fiscal Year 1982 _ 1983 in the
amount of $ 535,700 conforms with:
1. Provisions of Chapter 1 (commencing with Section 1090 of Division 4,
Title I) of the Government Code and the requirements of the
Transportation Development Act and its applicable rules and
regulations. •
2. The rules and regulations adopted by the San Luis Obispo County Area
Council of Governments.
3. The Regional Transportation Plan, Transit Development Program, and
the Transportation Improvement Program.
Further, the claimant certifies that the audit findings pursuant to Section
99245 of the Transportation Development Act have been complied with:
Yes
No
/X/ Not Applicable
CERTIFIED:
By:
Title: Finance Director
Date: z Z
Allocation instructions and payment by the County Auditor to this claimant
are subject to such monies being on hand and available for distribution,
and to the provision that such monies will be used only in accordance with
the terms of the approved Annual Project and Financial Plan.
SLO TRANSIT
1981 -82 OPERATING STATEMENT
1981 -82 OPERATING BUDGET
The figures presented here are reasonable
Actual.
Budget
REVENUES
1981 -82
1982 -83
Fares
Cash Fares
$ 59,034.
$ 59,900.
Token Sales
24,151.
28,300.
Pass Sales
20,743.
24,500.
Local Support (from General Fund)
162,685.
84,750.
Transportation Development Act -.LTF
236,431.
175,050.
TOTAL REVENUES
$503,044.
$372,500.
EXPENDITURES
Vehicle Operations
Contract Services
$475,854.
$338,980.
Non - vehicle Maintenance
Materials and Supplies
1,805.
800.
Equipment
2,062.
4,000.
Administration
Personnel Expense
15,765.
17,950.
Office Expense
2,863.
3,970.
Advertising
1,214.
3,700.
Contract Services
2,419
1,700.
Expense Transfers
1,062.
1,400.
TOTAL EXPENDITURES--
$503,044
$372,500..
The figures presented here are reasonable
SLO TRANSIT
1982 -83 CAPITAL BUDGET
REVENUES
TDA -LTF $112,020.
TDA -STA 67,365.
FHWA /UMTA Section 18 #1 269,998.
FHWA /UMTA.Section 18 #2 89,600.
TOTAL REVENUES $538,983.
EXPENDITURES
Three 30 foot coaches and spare parts $369,683.
One 35 foot coach 146,000.
Bus operations /maintenance yard - design 23,000.
TOTAL EXPENDITURES $538,983.
The figures presented here are reasonable and
SLO TRANSIT
STATEMENT
OF
FARE REVENUE /OPERATING COST RATIO
FARE REVENUE + LOCAL SUPPORT /OPERATING COST RATIO
1978 -79 (ACTUAL)
1981 -82. (ACTUAL)
1982 -83 (PROJECTED)
1978 -79
1981 -82
1982 -83
(Actual)
(Actual)
.(Projected)
Fare Revenue (FR) $ 87,405.
$103,928.
$112,700.
Local Support (LS) 106,248.
146,271.
101,420.
Operating Cost (OC) 366,373.
503,044.
372,500.
FR /OC
.239
.207
.303
FR +LS /OC
.529
.497
.575
The figures presented here are reasonable :
P. - %may
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