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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 =1- 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. -2- 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 ". -3- R (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. -4- (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 -7- (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. -9- 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 z .ten 3 — -ham J. 'O A F3 C+ to '--' (D O J E J- r•} J16 Icc0(AOw Lm rD O £ CD V1 ( J. J. (D an 0 n o - �+ n w w (D 'S r+ N w O (A c+w n c+ 3 0 0 0 w n s a)- 7ry (D -.0) -s (A v -O Ln 7 << a. + Z w w a-hw -T v O- 'i 'S O i rD Z 3 J- C+ to J. (•f -'h O (D O• (n (A (D O O i rD �. 3 =r O (D = (D w c+ << --1h C. C_ c+ (D O O r r (n = n Cr n a• C+ c+'o < •i (D --'• S C -f (D O 7 J. 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C+ m e a1 < -1-0 O O O -+. n W m O O O 0 c+ -S -S r+ O- - - -1 � -h 3 c+ J• E c+J'r+t< -5 E O -h 0o < m m J•m m n m 0a J- r+ O- S m m 01 77 ( -h - n. r+ O f O (A .�. -T -n J• m Ln c w - • sv n =; m m m -+ a1 c C+ n E 'o cr J• J• O 0 -h 7 ( J• r+ c-+ O. 7- -h m m n 0 + 7 0=3 r+ r+ m r+ m m m o 01 r+ m n m -h ( s 0) w S n. -S c 7 rt S -S d a1 0. r-+ r+ r+ a1 � n O rt to m O c + c+ <• J. ( - m t< m B -27 0 C) n C7 o LA o m N Z r+ < C c+0 J. f} O J. :3 O vi 0; o a B n E E B 'o n ar O 00 O (D O n� �•a 0.n -s -s n -S o (D c-r 77 77 J. J• vt a1 ¢`J. c n w w J•a1 D o n m r+ w r+ n u• = -5 -+• c O 0. O r+ r+ n. n n r s m r+0 50 < rrnoo 0 0 CD mJ•o vt m m 0 n n N O J. J. r+n -h-•a m m -1 r+O vt J' O O r+ (D n. r+ O N Q' (n -h O-S rD 7 J• m (n 0 C J• r+ r+ 7 i r+ rD M n -s 'o w (A LO B (D o -z CL a1 a 01 0 N < • c-+ n t< 0_ J• N r+ a1 J•t+ 7 m S r+ 00 m O CO J. :3z:3 =3a,01J.o 0 LA r+ N n O n. N r+ CD n J• �a SO_Oto-0 r+ (n O t< c+ m -1 m C m m ' s S O 0_ O 01 -S Cr m m 0 0 0 -1 -.0 <• t< n. a r+ 0' m ---1 c< tc m m c+c d m E 0 7 N � m = n n J• -h -hCD C+O w O•r+r+0) n J. J. -1 C+ S S J J J. C m 0 O S t< n. CL O m m (n _ *� in c P-4. r-h m O cr 0 ✓T m '(D y' O '� v' y� ✓T T L O T C �y T O• rA cr CD i 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 '- �/ / / V j � /�f l / �� //lrs� i rn�i�V E� e� �, �_ �o %cam T /� /I�a//��J���� �' /I/ _. � t � 1 � , ': i l n- �. ' �. 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. I ! I IJ a i 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. �n . * is * is * * it is is i, IE C. B R 4985 N City Administrative ficer i ity A n i r Public Services Director 0 klom6n O �i�af1 CPi • 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 }} •i•1 p,��ti i�♦ Mom tali I,•"�•l�T•r�• 7,0 m A A'.'dr AFA& AP=.Ii l ,ROB. 0 11* too= —ammmu wile—mm •Y •. ��° �� �� 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 RIM: gd — G%�yt'f/Ck . Tm�s nt r,n -� nw a ,nnnn 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 /=�o� o �`o�s-� �/7 � /i ?���'i�`� �. � ��� 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 ����'7C� ��� �o��ro �� ���