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HomeMy WebLinkAbout6325-6349L� RESOLUTION NO 6349 (1987 SERIES) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL APPROVING IN CONCEPT AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO, CALIFORNIA POLYTECHNIC STATE UNIVERSITY, AND THE FOUNDATION FOR THE PERFORMING ARTS FOR CONSTRUCTION OF AN AUDITORIUM ON THE CAL POLY CAMPUS WHEREAS, the City, Cal Poly and the Foundation for the Performing Arts recognize the need for an auditorium of about 1500 seats;,and WHEREAS, it is apparent that no single such agency or entity is capable of financing, constructing or maintaining an auditorium of that size; and WHEREAS, discussions, negotiations and analysis of the various options available to any or all of the three parties has been occurring for quite some time; and WHEREAS, representatives from the City, Cal Poly and the Foundation for the Performing Arts agree on their respective roles and responsibilities in the development of such an auditorium. NOW THEREFORE, BE IT RESOLVED by the San Luis Obispo City Council as follows: SECTION 1. That certain proposed agreement (attached hereto, marked Exhibit "A," and incorporated herein by reference) between the City of San Luis Obispo, California Polytechnic State University, and the Foundation for the Performing Arts is hereby approved in concept by the City. SECTION 2. The City Clerk shall furnish a copy of this resolution together with a copy of the agreement approved conceptually by it to: Dr. Warren Baker, President, California Polytechnic State University; and Warren Sinsheimer, President, Foundation for the Performing Arts. 634 On motion of Councilman Settle , seconded by Councilman Griffin, and on the following roll call vote: AYES: Councilmembers Dovey, Griffin, Settle and Mayor Ron Dunin NOES: None ABSENT: Councilmember Penny Rappa the foregoing Resolution was passed and adopted this 20th day of October, 1987. AT S : JL CI AY CLERK PAMELA GES Approved: City Ad inistrative Officer F Hance Director YOR gRON: DUNIN x *s * ** 4r� City AT ' rney er Picquet , , 06e t a o c� EXHIBIT "A„ PERFORMING ARTS CENTER DESIGN, CONSTRUCTION AND.OPERATING AGREEMENT This agreement is entered into this 20th. day of October , 1987, by and among the City of San Luis Obispo, a California City (the "City ") , California Polytechnic State University, (the "University ") and the Foundation for the Performing Arts Center, a California Non- Profit Public Benefit Corporation (the "Foundation "). Statements of Facts and Purposes A. The University has long - established plans to construct an auditorium on its campus capable of handling an audience of 1200 -1500 persons. B. The City has determined that the residents of the City and City businesses would derive significant cultural, educational, civic and economic benefit from a meeting and performance hall capable of seating 1200 -1500 persons. C. It does not appear likely that either the City or the University can afford to undertake to design, construct and operate a 1.200 -1500 seat performance hall alone. D. The Foundation consists of people from throughout San Luis Obispo County and beyond who desire to see a 1200 -1500 seat performance hall in San Luis Obispo County and who are willing to raise a substantial share of the costs of constructing and operating such a facility. E. No single public or private entity appears likely in the foreseeable future to have the financial resources to construct, operate and maintain a 1200 -1500 seat hall. A joint effort among the City, the University and the Foundation which recognizes the unique and mutually supporting characteristics of each entity and guarantees the respective contributions to a joint effort appears to be the best solution to the problem of how to design, build and operate such a hall. F. Thoughtful and energetic discussions of the challenges posed by this project have been ongoing since 1985. Out of these dialogues have emerged a number of issues. The most challenging and most compelling issues deal with the specifics of sharing: how will we share the burden of raising funds, and how will we a a share the use of the hall. The solutions presented in this agreement reflect the parties' assessment of their respective capacities and needs and their view of fairness. G. California Government Code Section 6500 and following permits two or more public agencies by agreement to exercise any power common to the contracting parties. The City and the University are public agencies. California Education Code section 89036 allows the Trustees of the University to enter into agreements with any public or private agency, corporation or foundation for the performance of acts, for the joint performance of an act or function or the joint funding of services and facilities by the trustees and the other party to the agreement. The parties intend that this agreement be sanctioned by these code sections. H. The parties believe that by joining together they can create a facility better suited to the needs of the University and the Community than an academic auditorium. They can create a performing arts facility with a combination of excellent acoustics, sight - lines, stage facilities, storage, lighting, technical equipment, rehearsal space and back -stage accommodations. Such a hall would serve the needs of community and university performing arts groups, touring artists and speakers, and the large assembly needs of the University and the community. Such a hall is hereafter referred to in this agreement as the Performing Arts Center. The Performing Arts Center will be designed to accommodate a variety of events: music, dance, drama, public assembly and special events_ Through the excellence of its design and creative use of lobby and other interior spaces, the Performing Arts Center will enhance the visual arts experience of its users. The Performing Arts Center will represent excellence in architecture and planning. Agreement THEREFORE, the City, the University and the Foundation agree as follows: 1. To Build and Operate a Performing. Arts Center. The parties agree to design, build and operate a Performing Arts Center capable of seating 1200 -1500 people on the University campus, all as more specifically set out in this agreement. 2. Creation of the Central Coast Performing Arts Center Commission. The parties agree to form a California non profit public benefit corporation to be known as the Central Coast Performing Arts Center Commission (the "Corporation "). The - 2 - 0 0 Corporation shall be governed by a board of directors consisting of seven persons (the "Board "). 2.01. Membership. The Corporation shall have no members, as provided in California Corporations Code Section 5310. 2.02. Powers and Responsibilities of Corporation. The Corporation shall be responsible for the planning, designing, construction and operation of the Performing Arts Center, including the determination of appropriate operating policies. The Corporation shall be responsible for the artistic and financial success of the Performing Arts Center, including the continuous evaluation of the business and programming aspects of the Center. The Corporation will establish and maintain a calendar of scheduled events and available dates. 2.03. Board of Directors. The Corporation shall be governed by a board of directors consisting of seven persons. 2.03.1. Selection of Directors. The president of the University shall appoint three directors and three alternates. The City shall appoint two directors and two alternates. The Foundation shall appoint two directors and two alternates. 2.03.2 Compensation of Directors.. No director shall be compensated for services as such, except that directors may be reimbursed for actual expenses incurred as permitted by California Corporations Code S 5231.5, and approved by the Board. 2.03.3 Terms of Office. Directors shall be appointed for a three year term. Initial directors shall be appointed before the organizational meeting of directors. At the organizational meeting, directors shall decide by lot which three among them shall serve initial three. year terms, which two shall serve initial two year terms and which two shall serve initial one year terms. A Director may removed at any time without cause by the agency which appointed.him or her. 2.04. Board Functions. The Board shall annually approve and adopt a budget for the forthcoming year. The Board shall at least annually report to the three constituent agencies concerning the programming and financial situation of the Performing Arts Center. The Board will from time to time establish fee schedules, will have final authority for all decisions on booking policy and event programming, and will be advisory to the University on facility maintenance issues. - 3 - i i 2.05. Staff. The Board shall hire a professionally qualified general manager,.who shall be responsible to and serve at the pleasure of the Board, and who shall develop operating procedures consistent with Corporation policy and operating necessity.. The general manager shall be responsible for all administrative and operating matters as delegated by the Board, including but not limited to the hiring of other staff. 2.06. Internal Organization /Voting. 2.06.1 Quorum. A quorum shall consist of five.members of the Board. 2.06.2. Officers. The Board shall select one of its members as Chairman and one as Secretary to serve at the pleasure of the Board. 2.06.3. Voting. All actions of the Board will require the approval of five (5) members. 2.06.4. Regular- Meetings. The Board shall_ hold regular meetings, on a schedule to be agreed upon by the members. 2.06.5. Special Meetings. Special meetings may be called by the Chairman of by -any two members. 2.66.6. Public Meetings. Meetings shall be conducted in accordance with California Government Code sections 54950 and following (Brown Act). All meetings shall be held in the Performing Arts Center unless otherwise specified in the notice of meeting.. 2.06.7. Bylaws. The Board shall, from time to time, adopt such bylaws, rules and policies not inconsistent with this agreement as they determine to be best suited to the internal operation of the Corporation and the operation and use of the Performing Arts Center. 3. Design and Construction Issues. 3.01. Location of the Performing Arts Center. The Performing Arts Center shall be located on the University Campus at a site designated by the University and approved by the Corporation. The site presently identified by the University is on Grand Avenue adjacent to the existing theatre (the "Site ") The Site location and its availability are significant inducements to the City and the Foundation in entering into this agreement. Upon mutual agreement by the parties to this agreement, the Site location may be changed. All required - 4 - 0 utility services are available adjacent of connecting the Performing Arts Center be borne by the project and pro -rated to of the total project cost. to the Site. All costs to these services will the parties as a portion 3.02. Allocation of Duties. The Corporation shall have primary responsibility for the management of all phases of the development and operation of the Performing Arts Center. In cooperation with the three parties, the Corporation shall develop a program statement in consideration of the University's needs and those of the public at large. Toward this end the Corporation shall hold such public hearings as it deems most appropriate. The parties realize that because the Performing Arts Center will be located on the University Campus, all aspects of the design process are subject to laws and rules applicable to construction of University buildings generally. Within this context, it is the parties' intent that the Corporation have the greatest control possible over all phases of the project, including but not limited to: . 1. Development of the Architectural Program Statement; 2. Selection of a theatre consultant(s); 3. In conformance with California State University Trustee policy, undertake an appropriate search for a project architect to be recommended to the Trustees; and 4. Serve as the designated "client" in the development of the schematic, preliminary and working drawings, recognizing that the Trustees approved program statement is the controlling document for State funding. The University shall administer construction of the Performing Arts Center in consultation and coordination with the Corporation. 3.03. Performing Arts Center Features. The design of the building will be predicated to a large extent on the February 23, 1987, report of Hall, Goodhue, Haisley & Barker ( "HGHB ") which was prepared at the request of the City of San Luis Obispo. That report identified the following features as desirable for a facility to meet the general program requirements set forth by the City and the University. 3.03.1. An auditorium capacity of 1200 -1500 with three levels of seating to allow for variable audience capacity while retaining a sense of intimacy. - 5 - 3.03.2. A stage house and loft to provide for a full working stage with access to support spaces and service entrances. 3'.03.3. An orchestra pit with hydraulic lift to permit a large fore - stage when the pit is not required. 3.03.4. A lobby of sufficient size to permit its use as' a separate space for public assembly, receptions and similar functions. 3.03.5. Appropriate support components for the theatre, . stage and related areas plus administrative space for building management and the Corporation. 3.03.6. Critical attention to sight lines, acoustics, lighting and sound control are paramount to a successful facility. A detailed project description statement will highlight these concerns. 3.03.7. A parking structure, although not a part of the Performing Arts Center project, is programmed for a site adjacent to the building and is planned to be completed coincident with the Center.. 3.04. Design Timetable. It is the goal of the parties that the Corporation and the University develop a procedure for project architect selection to the end that a formal selection and appointment can be made by the Trustees of the California State University by . Schematic plans shall be completed and approved by the Corporation, the University and the Board of Trustees by Working drawings and specifications will be completed by At the September, 1987, meeting of the Trustees of the California State University a five year capital improvement program (1988- 1989 through 1992 - 1993) was adopted. That program calls for planning funds to be appropriated in 1989- 1990. 3.05. Parking. The University has requested a 1500 car parking structure to be built adjacent to the Center site in conformance with the approved master plan. This additional parking capacity will be available on or before the completion of the Center. A management plan will be developed by the Corporation in consultation with the University to ensure that adequate spaces will be identified to support Center functions. - 6 - • ! 4. Funding. 4..01. Background. HGHB has estimated the cost of the Performing Arts Center at up to 20 million dollars_. The University is planning to spend approximately 10 -13 million dollars for an auditorium. This amount would be the University's contribution to the Performing Arts Center total Project Costs. The City and the Foundation will be responsible for the balance of the Project Costs. 4.02. Budget Development. The Corporation, working together with the University and the architect shall develop an initial project budget for the construction and equipping of the Per forming Arts Center within 180 days following the selection and appointment of the architect. The goal shall be to construct and equip a Performing Arts Center consistent with this agreement for the least possible cost. The budget cannot exceed the sum of 20 million dollars without the unanimous agreement of the three parties. The parties estimate that they will provide the following shares of Project Funds in accordance with the schedule set by the Corporation: University., approximately 2/3; City, approximately 1/6; Foundation, approximately 1/6. 4.03. Design Funding. The parties estimate that planning and working drawings for the Performing Arts Center will cost approximately $900,000. The parties will share this initial cost in the same proportion stipulated in this agreement, paragraph 4.02. Each party agrees to transfer its share of design funds to the California State University, who, under the terms of this agreement will be authorized by the Corporation to perform all management services related to_.the design and construction and equipping of the project. Any funds advanced by any party hereunder shall be credited to that party's share of total Project Costs. 4.04. Construction and Equipment Funding. At the time that the Corporation develops a budget for the Performing Arts Center as provided at paragraph 4.02, above, the Corporation shall also adopt a project schedule setting forth all significant dates including, without limit, the date or dates at which each party will be required to contribute its share of Project Funds. As used in this agreement, Project Funds includes all funds associated with items A through H, inclusive, paragraph 4.05, Scope of Work, necessary to provide a fully finished and equipped "turn -key" status project. 4.05. Scope of Work. All costs associated with the Center will be borne in a manner agreed upon by the parties as set forth in this agreement. These costs include, but are not limited to: - 7 - N LJ A. Fees and commissions for design services; B. Site survey(s) and soils investigations; C. Center construction; D. Necessary relocation of existing improvements; E. Upgrade of existing utility services if required; F. Test and inspections during construction; G. Miscellaneous costs associated with project approval . such as: Physically handicapped compliance, State Fire Marshal, contract code check; and H. Movable equipment necessary to permit the operation of the facility as designed. 4.06. Allocation of Responsibility. The parties cannot be certain at this time where all funds will originate. However, they intend that the University's share will be derived from state appropriation, the City's share will be from City General Fund sources, and the Foundation's share will derive from the private contributions. The University agrees that its Development Office will work closely with the Foundation to maximize giving with the understanding that fundraising activities for the Center cannot conflict with or replace other University fundraising priorities. All donated funds will be credited to the Foundation's share of project costs and /or endowments. 4.07. Operating Funds. 4.07.1. Maintenance and Utilities. The University will provide utility services and perform all maintenance and custodial work on the Performing Arts Center and its landscaping consistent with State budgeting formulae and criteria. The University maintenance staff will consult and cooperate with the Corporation as to maintenance needs and scheduling occasioned by the Performing Arts Center's schedule and uses. 4.07.2. Production /Staffing. It is the intent of the parties that the Performing Arts Center be operated on a "break even" basis. Income from rental and other user fees shall be available to pay the costs of programming and operating the Center. The value of operating and maintenance costs contributed by the University will be determined by the Corporation in consultation with the University, with the value so determined credited to the University annually to defray rental costs - 8 - (7 • associated with programs specifically requested by the University. The president of the University shall submit to the Corporation prior to the beginning of each fiscal year a listing of those programs projected to use the operating and maintenance "in -lieu" amount. It is anticipated that those programs shall be official University functions, and it is estimated not over 12 per year. Program costs in excess of the agreed upon "in- lieu" contribution will be charged at the regular rates as determined by the Corporation. Any surplus funds must be used by the Corporation to establish reserves for repair, replacement and upgrading of Performing Arts Center systems not covered by the University's maintenance program and for sponsorship of programming that would not otherwise be able to be presented in the Performing Arts Center. The University will not be responsible for Corporation deficits. 4:08. Endowment. In addition to the Construction Funds necessary to construct the Performing Arts Center and the Operating Funds described above, the Foundation recognizes that the Corporation may require funds to provide for special features of the Performing Arts Center and enabling the Corporation to sponsor special events that might not otherwise occur. Toward all these goals the Foundation agrees to use its best efforts to raise endowment funds, the income from which would be for the uses of the Corporation, in the amount of one million dollars. These funds would be identified for operating expenses associated with program development and to defray any maintenance costs not covered by the University. 4.09. Corporation Fundraising. The parties do not contemplate that the Corporation will do major fundraising but it may seek outside funding as approved by the Board. 5. Access and Use. It is the intent of the parties that the Performing Arts Center be used as frequently as possible to present as diverse a selection of programming as possible and to encourage maximum attendance in order to defray the cost of operating the Performing Arts Center. The Corporation will have complete and final authority for all decisions on booking policy and event programming. The Board will establish and maintain use calendars. The Board will, from time to time, establish fee schedules for the Performing Arts Center. In setting calendars and fees the Board is directed to be mindful of the need to consider in a balanced way the following polices: 5.01. The University will have contributed approximately 2/3 of the Project Funds, the land for the Performing Arts - 9 - Center, utilities and the operating and maintenance costs. Therefore, the Board shall strive to ensure that at least as like proportion of the uses of the Performing Arts Center are activities that enhance the University's instructional mission. Such activities may include not only campus - generated activities, but also community productions and events and touring productions and events which provide meaningful offerings both to the campus and to the broader community. 5.02. Everyone will be a guest in the Performing Arts Center. The Performing Arts Center will not be the exclusive home for any user group. 5.03. The Performing Arts Center will not be used for regularly scheduled classroom use. 5.04. The Corporation will make every effort to accommodate the needs and schedules of local performing groups (whether campus based or community based) including those groups which present touring performers. 6. Dissolution. 6.01. General. The parties recognize that the Performing Arts Center will be located on University land and owned by the University. The parties desire to provide for the possibility that the University may in the future desire to have exclusive operating control of the Performing Arts Center. The parties also desire to provide for the possibility that certain events may occur which would make it undesirable or impractical to continue participation in the Corporation. Therefore, the parties desire to set out an orderly and fair means of dissolving the Corporation. 6.01.1 Events of Dissolution. The parties have identified the following "Events of Dissolution ", the consequences of which are set forth below. 1. Unavailability of the Site and inability to agree on new site. 2. Acts of God. 3. If Foundation is unable to meet financial obligations and the other parties are unable or unwilling to assume the deficiency. 4. Failure of University to provide parking. - 10 - 5. Acquisition of Center by a public agency under eminent domain. 6.01.1.1. Events of Dissolution - Prior to Completion of the Performing Arts Center. If an Event of Dissolution occurs prior to completion of the Performing Arts Center, then for a period of sixty (60) days following the Event of Dissolution any party can give notice to the other parties and the Corporation of its desire to dissolve the Corporation. The Corporation shall promptly commence to dissolve in accordance with the provisions of the non profit public benefit corporation law. After providing for or paying all debts of the Corporation, the Corporation's assets shall be distributed to the City, the University and the Foundation in the same proportion as they were contributed. For the purposes of this Agreement advances made by one party shall be considered a debt of the Corporation. Plans and specifications for the Performing Arts Center and work in progress on the Performing Arts Center shall be distributed in kind to the University and valued at cost. If that distribution to the University exceeds its pro rata share of assets, the University agrees to initiate budget processes to acquire the necessary funding to defray its obligation. 6.0.1.1.2. Event of Dissolution - After Completion of the Performing Arts Center. If an Event of Dissolution occurs after the Performing Arts Center is completed, then for a period of sixty (60) days following the Event of Dissolution any party can give notice to the other parties and to the Corporation of its desire to dissolve the Corporation. The Corporation shall promptly commence to dissolve in accordance with the provisions of the non profit public benefit corporation law. After providing for or paying all debts of the Corporation, the Corporation's assets shall be distributed to the City, the University and the Foundation in the same proportion as they contributed. The Performing Arts Center and its related equipment shall be distributed to the University and valued at its full fair market value.. Fair market value shall be determined by an appraiser or appraisers selected by the parties;. and the parties shall endeavor to agree to fair market value:. If the parties cannot agree, fair market value shall be determined by arbitration as provided herein; except that if the Event of Dissolution is the University's exercise of its right of eminent domain, the City and the Foundation shall be entitled to have their rights determined in a court of competent jurisdiction in accord with the California Eminent Domain Law. If that distribution to the University exceeds its pro rata share of assets, the University agrees to initiate budget processes to acquire the necessary funding to defray its obligation and to use good faith efforts to repay the obligation in a timely manner. - 11 - o 7. Miscellaneous Provisions. 7.01. Insurance. 7.01.1. Liability Insurance. The Corporation shall obtain and keep in force a policy or policies of public liability and property damage insurance with a single combined liability limit of not less than $5,000,000.00, and property damage l..imits of not less than $500,000.00 insuring against all liability of the Corporation arising out of and in connection with use or occupancy of the Performing Arts Center. The University, the City and the Foundation shall be named as additional insureds. The Corporation shall maintain such other policies of liability as the board determines prudent. 7.01..2. Property Insurance -- Premises. The Corporation shall obtain and keep in force a policy or policies of insurance covering loss or damage to the Performing Arts Center, including fixtures, equipment, and improvements to the extent of at least one hundred percent (1008) of full replacement value, providing protection against all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, special extended perils ( "all risk ", as such term is used in the insurance industry), but not plate glass insurance. Such policy shall include demolition, increased cost of construction, and change in building law endorsements, and, during such periods as construction is underway, course of construction coverage. 7.01.3. Policy Form, Content, Insurer. All. insurance required under this agreement shall be issued by responsible insurance companies qualified to do business in California and reasonably acceptable to the parties. All such insurance.shall be issued as primary, not blanket, policies. No later that the commencement of construction, the Corporation shall deliver to each of the parties copies of the policies of insurance required under paragraph 7.01.1 and 7.01.2 or certificates evidencing the existence and amounts of such policies. No such policy shall be cancelable or subject to reduction of coverage or other modification except after thirty (30) days prior written notice to the parties. 7.02. Destruction. Destruction of the Performing Arts Center shall not be an Event of Dissolution if such destruction results from an insured peril. If destruction results from an uninsured peril, it shall be deemed an Event of Dissolution. , 7.03. Arbitration. Any controversy between the parties hereto involving construction or application of any of the terms', covenants, or conditions of this agreement, shall on written =ice request of one party served on the others be submitted to arbitration, and such arbitration shall comply with and be governed by the provisions of the California Arbitration Act, Sections 1280 through 1294.2 of the California Code of Civil Procedure. 7.04. Due Authorization. Each of the parties represents by executing this Agreement that he or she has been fully and completely authorized to do so and that he or she is empowered to bind the entity on whose behalf the Agreement is signed. Date The California State University By Date The City of San Luis Obispo ATT A CIT CLERK PAM VO S y MAYOR RON DUNIN Date_ a Foundation for the Performing Arts Center, Inc. eA13 /Performing 100187 By - 13 - J RESOLUTION NO. 6348 (1987 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING NEGOTIATION OF AGREEMENT WITH WEST AND DOUBLEDEE, ARCHITECTS, FOR DESIGN /ENGINEERING SERVICES FOR SENIOR CENTER EXPANSION AND AUTHORIZING CITY ADMINISTRATIVE OFFICER TO EXECUTE AGREEMENT BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. To authorize staff to negotiate agreement with West and Doubledee, Architects, for design and engineering services necessary for renovation and expansion of the San Luis Obispo Senior Citizen Center. 2. To authorize the City Administrative Officer to execute the negotiated agreement establishing fees and authority for the architect to proceed, provided that the base fee does not exceed $15,000. 3. To direct the City Clerk to furnish copies of this executed resolution and the fully executed agreement to the Finance Department, the Recreation & Parks Department and to: West & Doubledee, Architects P.O. Box 1258 Morro Bay, CA 93442 On motion of �Cevzicilman- Settle seconded by Councilwoman Davey and on the following roll call vote: AYES: Councilmembers Settle;'Dovey, Grif fin �-and"Mayor aRon Dunin NOES: None ABSENT: Councilmember Dovey the foregoing resolution was passed and adopted this 2ni-h day of 1987. Mayor, Ron Dunin ATTEST: XOV�COOL U City C1 rk, Pamela Voge R:.6348 A Resolution No. 6348(1987 Series) Approved: ('•`- �- 6 d \Aittv/ RESOLUTION NO.6347 (1987 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING A VARIANCE FROM A REQUIREMENT OF CITY'S FLOOD DAMAGE PREVENTION REGULATIONS AT 885 MURRAY STREET WHEREAS, Dr. Felino Cruz ( "Owner ") desires to remodel and to construct an addition to an existing residence at 885 Murray Street; and WHEREAS, City's Flood Damage Prevention Regulations require that any substantial improvement of residential structures shall have the lowest floor (including existing structure) elevated to at least one foot above the base flood depth (Municipal Code Section 17.84.160), and WHEREAS, the owner's plans for the described improvements show that the finished floor elevation would be 1.2 feet (maximum) below the base flood depth, and WHEREAS, because the floor elevation would be below standard, the city Engineer has refused to authorize a building permit for the improvements, and WHEREAS, pursuant to provisions of the Flood Damage Prevention Regulations, owner has appealed the City Engineer's decision, in effect requesting a variance from the aforementioned requirement, and WHEREAS, the applicant has offered to indemnify and hold harmless the City, its agents, employees and officers from any and all claims, suits or proceedings, from either the applicant, his heirs, successors -in- interest or agents, or from any third parties, of any nature or kind arising out of the granting of this variance or from any future flooding that may occur for whatever reasons. WHEREAS, on October 20, 1987 this Council held a public hearing on the appeal requesting a variance and considered those items it is bound to 86347 Resolution No. 6347 (1987 Series) Page Two. consider under Section 17.84.140 of the Municipal Code and other appropriate provisions of the Flood Damage Prevention Regulations; NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. This Council finds that: (a) Owner has shown good and sufficient cause for the granting of a variance for the existing structure, and (b) Failure to grant the variance for the existing residence as requested would result in exceptional hardship to owner, and (c) Granting of the variance as requested will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, and will not create nuisances, cause fraud on or victimization of the public, cause any environmental impact that cannot be mitigated, or conflict with existing local laws or ordinance. (d) Accepting the applicant's offer to indemnify and hold harmless will protect the City should future problems arise. SECTION 2. The variance from complying with the City's Flood Prevention Ordinance is granted for the existing structure. The addition (other than garage) shall be elevated to provide for the minimum floor elevation to be at least two (2) feet above adjacent grade at any point. This is 100 -year flood level. The City Clerk shall cause this variance to be recorded in the Office of the County Recorder. The variance shall include, in a form satisfactory to the City Attorney, an indemnification and hold harmless in favor of the City. Resolution No. 6347 (1987 Series) Page Three. On motion of Councilwoman Dovey , seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Dovey, Settle, Griffin and Mayor Dunin NOES: None ABSENT: Councilwoman Rappa the foregoing Resolution was passed and adopted this 20th day of tober 1987. WAb 4dYOR RON DUNIN ATST: L v CITY CLERK PAM VO Resolution No. 6347 (1987 Series) Page Four , APPROVED: City ] inistrative Officer Z/4r-/ - City At rney i Cit gineer jk5 /885murray by ncLf O C; r, R�f\Nn'J ell �V J RESOLUTION NO 6.346 (1987 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A PARKING MANAGEMENT PLAN WHEREAS, the parking studies prepared during the last ten years indicate that there is a parking deficiency downtown which is increasing; and WHEREAS, lack of parking downtown may discourage people from doing business in the area; and WHEREAS, the City Council wishes to maintain the vitality of downtown as a retail center by providing easy access by customers,to local stores; and WHEREAS, the City is constructing a parking structure at 842 Palm Street and is planning construction of a second structure at 871 Marsh Street to provide additional parking spaces; and WHEREAS, a plan is needed to manage parking in and around downtown to assure the structures are well -used, to free curbside spaces for customer use, to protect the character of surrounding residential and office zones, and to generate revenues to support a parking program;. NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Parking Management Plan hereto marked Exhibit "A" and incorporated herein by reference, is hereby approved. This plan includes policies, goals, action plan, and implementation schedule and will guide management of parking in and around downtown. SECTION 2. The policies will be incorporated into the General Plan Land Use Element and Circulation Elements when revised. R '6346 Resolution No. 6346 (i§67 Series) Page Two. SECTION 3. The City Clerk shall furnish a copy of this Resolution and copy of the approved Parking Management Plan to the Directors of the Public Works and Community Development Departments and City Transit Manager. On motion of Councilman Settle seconded by Councilman Griffin and on the following roll call vote: AYES: Councilmembers :Settle; Griffin :,,- Dovey and,Yiiayor Ron -. Dunin NOES: None ABSENT: Councilmember Penny Rappa the foregoing Resolution was passed and adopted this 20th day of October ATTEST: cl CLERK PAM V S APPROVED: 1987. It OA — N DUNIN r x r r r r• a «* r* �r P�uBric Works Director LZ6=�- ity Engineer C� City of San Luis Obispo PARKING MANAGEMENT PLAN r 0 7 P�^ �4 9Y7_ City of San Luis Obispo PARKING MANAGEMENT PLAN r r r SAN LUIS OBISPO CITY COUNCIL Ron Dunin, Mayor GlennaDeane Dovey Robert Griffin Penny Rappa Allen Settle CITY PARKING MANAGEMENT COMMITTEE Brad Bilsten, Chairman Ron Bearce Maggie Cox John French Lorraine Maksoudian Roy Parsons Forrest Watts Dodie Williams DEPARTMENT OF COMMUNITY DEVELOPMENT Mike Multari, Director PUBLIC WORKS DEPARTMENT Dave Romero, Director Candace Havens, Parking Program Coordinator Wayne Peterson, City Engineer CITY ADMINISTRATIVE OFFICE John Dunn, City Administrative Officer Toby Ross, Assistant City Administrative Officer 0 0 CONTENTS Introduction.................................................... Page 1 Background........................... ...........................Page 1 Parking Goals, Policies and Action Plan .........................Page 2 Relationship to General Plan ......... ...........................Page 7 Map Downtown Public Parking ......... ...........................Page 8 INTRODUCTION The Parking Management Plan is intended to maintain downtown as a viable retail center by providing easy access to stores and offices. The plan also is aimed at protecting the character of the downtown and surrounding office and residential areas. It consists of several components which not only regulate where people park and for how long, but also provide a financial base to improve and maintain parking operations downtown and to make debt payments for the bond issue which is financing two parking structures. Background Between 1977 and 1987, several parking studies were prepared to assess the parking situation in downtown San Luis Obispo. Among them are the Downtown Traffic Circulation and Parking Studies (Wilbur Smith 1977), The Downtown Parking Program and EIR (Earthmetrics 1981), and the Downtown Parking Study (IBI Group 1986). Each of these studies concluded that there is a parking deficiency downtown which is increasing and presently totals about 900 parking spaces. Several reasons were cited for the cause of the problem. For one, downtown property has been more intensely developed during the last ten years, both by the private and public sectors. Meanwhile, little new parking has been provided. Much of the available curbside parking is taken early in the day by employees and few spaces are left for customers. Existing long -term parking is in nearby office and residential zones which are being adversely impacted by the overflow parking from downtown; residents are unable to find spaces for themselves and their guests and offices have limited parking for clients. The studies recommended additional parking spaces be provided and suggested structures as the most efficient use of available land. To pay for the structures, possible funding mechanisms were identified. A parking management plan to accompany the construction also was recommended to help make sure the structures would be used by long -term parkers, thus freeing the more convenient spaces for shoppers. Acting upon these recommendations, the City issued bonds to finance construction of two parking structures. One ,structure is being constructed at the corner of Palm and Morro Streets and will be completed by December 1988. Construction is expected to begin on a second structure by June 1988 and is scheduled for completion by June 1989. This Parking Management Plan will be used to guide where people will park, to the overall benefit of downtown, and will also generate revenues needed to support a comprehensive and effective parking program. Parking Managment Plan Page 2 Parking Goals,Policies and Action. Plan The two primary goals of the Parking Management Plan are: 1. To maintain downtown as a viable retail center and 2. To protect the character of downtown and surrounding office and residential zones. As the actions listed below are taken, the plan will ensure that long -term parkers use the new structures and that curbside spaces are available for customers and shorter -term packers. This will be done by offering low rates in the parking structures, increasing the cost of metered parking and fines for overtime parking, altering the time limits in various areas of downtown and by eliminating meter holidays. It is expected that people's habits will begin to change to the benefit of the overall parking situation in and around downtown. It also provides the means for generating revenues necessary to maintain parking- related operations and for acquisition of property for future parking. The following policies and actions are aimed at implementing the goals of the .Parking Management Plan. Employee Parking Programs POLICY: * Programs should be established by employers to encourage employees of downtown businesses and government offices to use the parking structures as well as to use transportation other than the automobile. ACTIONS: * A program with specific means for encouraging alternative means for transporation, including an incentive program for City and County employees, will be prepared by the Parking Management Committee for Council review and incorporation into the Parking Management Plan. • In the meantime, long -term parking on the streets will be discouraged by extending two -hour parking meters into peripheral areas of downtown, providing more short -term spaces in the core area, by offering lower rates in the structures than on the streets, by increasing fines for overtime violations and by eliminating meter holidays. TIMELINE: Council review of alternative transportation and employee incentive programs by April 1988. Enforcement of Parking Violations POLICY: " The intent and letter of parking laws will be strictly enforced, to discourage abuse of overtime parking, encourage payment to meters, and direct long -term parkers to parking structures. ACTION: * Parking Enforcement Officers shall strictly enforce the existing provisions of Municipal Code, particularly for overtime.violations and misuse of loading zones. TIMELINE: January 1988. Parking Management Plan Page 3 Existing Parking Utilization POLICIES: * Existing parking lots should be reviewed for efficiency and altered as needed to achieve the maximum number of spaces and best circulation on the site and onto adjacent streets. * Curbside parking spaces shall be made available to short -term parkers and long -term parking should be encouraged in parking structures. ACTIONS: * Layout and use of existing parking lots and structures will be reviewed periodically and changes made as needed to maximize use and improve circulation. * Availability of curbside spaces will be encouraged by offering low rates in the parking structures, adding more 30 minute spaces throughout downtown and increasing fines for violations of overtime parking. TIMELINE: * Increases in parking meter rates will become effective January 1, 1988, . after the Palm Street Structure is open and will be increased every five years until the year 2003. • Citation increases will become effective January 1, 1988. • Time limits of meters on the streets, as shown on the attached Downtown Parking Map, will be implemented in two phases: Meters north of and including Monterey Street will be changed in January 1988 and meters south of Monterey Street will be changed after the.Marsh Street Structure opens in July 1989. * Parking rates in the structures will become effective upon the opening of the structures. * Thirty- minute parking spaces will replace some two -hour meters in January 1988 as shown on the Downtown Parking Map. * Meter holidays will be eliminated by November 1987. Financing POLICY: * The Parking Program will be self- supporting and funding sources will be developed for maintaining and expanding parking operations and to repay bonds which were issued for financing of the structures. ACTIONS: * Increases in parking meter rates and citation rates along with establishment of parking structure fees, an in -lieu fee program, and supplemental fee program from downtown businesses will provide the funding necessary to support an effective parking program. • Half of the parking fine monies will be deposited in the Parking Fund. • Increase_s in meter rates will occur every five years. • Parking structure rates and citation rates also should be adjusted periodically. * A citation processing agency will be employed to maintain current collections on outstanding citations. TIMELINE: All actions are expected to be in effect by January 1988. �I Parking Management Plan Page 4 Juror Parking POLICIES: * Free juror parking shall be provided in the Palm Street Parking Structure. * No free juror parking will be allowed in metered spaces on the street and violators will be cited. * Free parking by jurors will not be allowed after their jury duty expires. ACTION: * Staff will work with Jury Commissioner to inform prospective jurors of city parking policies and to enforce juror parking. TIMELINE: To be implemented by January 1988. Parking Structures POLICIES: * Additional parking should be provided downtown for shoppers, tourists, employees and visitors to government and private offices. * Parking structures will be provided to best utilize available land while providing additional parking. * New sites for providing future additional parking should be considered by the City Council as the need arises and /or as land becomes available. * Whenever possible, land should be purchased to preserve the option of developing such properties at a later date and used for surface parking in the meantime. * First consideration for a third site will be given to properties in the Downtown Core Expansion area south of Nipomo Street. ACTION: * The City's first parking structure is located on the corner of Palm and Morro Streets and is scheduled to be open by January 1988. * A second structure is planned on the corner of Chorro and Marsh Streets and is expected to be open by summer 1989. * City staff will investigate the possibilities for providing additional parking in the Nipomo Street area by meeting with property owners, acquiring information about property values, and reviewing land use impacts and issues with the Planning Commission. TIMELINE: • Structures expected to open as noted. • Staff to report to City Council regarding Nipomo Street options by January 1988. * Purchase of land will occur upon Council direction. • Parking Management Plan Page 5 Public Awareness POLICY: * The general public should be made aware of the Parking Management Plan and its benefits to the downtown. ACTIONS: * Features of the Management Plan will be publicized through local media before events occur. * Promotionals, such as grand openings for the structures, also can announce the anticipated changes. * Special emphasis will be given to the positive features of the plan and the reasons why changes are expected to occur. *Warning citations will be issued prior to increases in fines. TIMELINE: Ongoing. Public Participation in Implementation and Review of Plan POLICY: * City staff will maintain a cooperative relationship with private and public sector employers and employees. ACTION: * Staff will continue to work with the City's Parking Management Committee as long as it exists and thereafter with the Business Improvement Association, Chamber of Commerce and County staff to review and make recommendations for possible changes to the Parking Management Plan. TIMELINE: Ongoing. Residential Parking Districts POLICY: Special Parking Districts should be established as necessary, in residential areas which are congested with vehicles parked by persons not residing in the area, to restrict parking to preserve the quality of life of area residents. ACTION: * After implementation of changes to meters on the streets, parking patterns and habits should be examined to determine if parking districts are needed in surrounding residential areas. Their establishment can be initiated by staff, Council or local residents. TIMELINE: * Review parking habits in the area north of Monterey Street after opening of Palm Street Parking Structure (January 1988). * Review parking in residential areas south of Monterey Street after the opening of the Marsh Street Structure (June 1989). Parking Management Plan Page 6 Scope of Management Plan POLICY: * The Parking Management Plan is intended to be a management plan for the entire city. ACTION: * The Management Plan shall be revised and expanded to incorporate new goals for areas beyond the immediate downtown. TIMELINE: As appropriate. Support of Parking Program by Merchants and Businesses POLICY: * The City will seek financial support of a parking program from merchants and business owners. ACTION: * A parking in -lieu fee program will be established to ensure financial support from some members of the community. * A supplemental revenue program involving all members of the business community will be developed by the Business Improvement Association and city staff and presented to the City Council for review and incorporation into the Management Plan. TIMELINE: * The Parking In -Lieu Fee Program becomes effective Novemer 19, 1987 and contributions will be collected soon thereafter. * By April 1988, a supplemental program will be submitted for City Council consideration. Tourist /Shoppers Promotions POLICY: * Tourists and shoppers should be encouraged to visit downtown. ACTIONS: * Most convenient curbside space will be made available by adding more short -term spaces, by developing incentive programs for employees to park in the structures and to use alternative means of transportation, by installing signs downtown which direct visitors to available parking. * A shuttle service around town may also enhance tourist /shopper visits to downtown and options should be investigated. TIMELINE: • More 30- minute spaces will be added in January 1988. • Alternative transporation and incentive programs will be developed by April 1988. * A signing program will be developed and put in place prior to completion of the Marsh Street Parking Structure in summer 1989. * Existing shuttle service between downtown and the Central Coast Mall will be observed and options for downtown shuttle considered by summer 1988. Parking Management Plan Page 7 Relationship to General Plan The goals and policies of the Parking Management Plan are compatible with those established by the current Land Use and Circulation Elements. Some of these policies are so stated in the city's "Goals for Downtown ". Those documents are in the process of being updated and the "Goals" incorporated into the Elements of the General Plan. As they are revised the Parking Management Plan, its goals, policies, and /or references to them will be included in the General Plan Elements for review by the Planning Commission and adoption by the City Council. These reviews are anticipated by summer 1988. u Y a l - - -- -� ui r cz 0 2 I u o V ZI o � Q uj uj - OS W . . J I oY N A W 2 ? 2 Q Yoo4 MORRO• 0 IL--�I IL�I T L CALIFORNIA - I100 0 900 (i 1000 ` 0 1 1 0 a 1 1 0 " - 1 1 1 l 1 1 i R. R.- PEPPER 1200 1300 /1 00 1 I 0 0 rrn r N N JOH 0 A . N in - - I JOHNSON. AVE. to N. J Q a F•= Z O Q 4r • JI I I 1.••_•.1 l♦ .....• 1 1 .. . . . p N .... 2 ♦ ♦..•�.•. ♦ 1N• •.• ♦♦ • •.... •.• • N • � E t i A • Q r cz 0 2 =x � > 3 a OS ST c 2 i uJ J Zoo2► oY N \N N W 2 ? 2 Q Yoo4 MORRO• ST- - CL " -12 -j � o r e> eps 10. z 0 Im I i I I I I I Ir I • z »I H R _ N I J I I m IJI � I t- IJI u ulvnun ROAD ST. III d� 700 E 0 IL--�I IL�I T L CALIFORNIA - I100 0 900 (i 1000 ` 0 1 1 0 a 1 1 0 " - 1 1 1 l 1 1 i R. R.- PEPPER 1200 1300 /1 00 1 I 0 0 rrn r N N JOH 0 A . N in - - I JOHNSON. AVE. to N. J Q a F•= Z O Q 4r • JI I I 1.••_•.1 l♦ .....• 1 1 .. . . . p N .... 2 ♦ ♦..•�.•. ♦ 1N• •.• ♦♦ • •.... •.• • N • � E t i A • �r Q r cz 0 2 =x � ' Qr Q•' =ri- J J Q 2 oY N W 2 �. \ � o r e> eps x 0 z 0 L x I • z Y J r t- u ulvnun III d� �r Q (ter =x 0 2 =x � D. dr Z xx Qr Q•' =ri- J J Q 2 oY N W 2 �. \ � o r e> eps x 0 z 0 L x r t- u III d� cc amx 0 %A t t -% �' a �— x O J 0. � ``• Q s I Q W r,D If 1 4 N in o N C I 4�0 Q.. Z N M Q N tD N m 0� O_ I N M 7 O. a n� N J � J J ,..... . : N i. N 'I✓ 7 CAVn 2 i ; In • • U • ♦ d cr CA'RMEL 1200 Ib00 14C0 A O O O 0 0 0 0 m _ ST. - 0 Ck ST. 0 O .. r L� ST. O O tD S 0 0, I. S T. 0 • O v e ®� ST: a �, e z z W. C 4 O LO LO 0 2 w W A 0 m _ ST. - 0 Ck ST. 0 O .. r L� ST. O O tD S 0 0, I. S T. 0 • O v e ®� ST: a �, e z z W. C 4 O 6 n RESOLUTION NO. 6345 (1987 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROPRIATING FUNDS FOR NEW TRUCK ROUTE SIGNS WHEREAS, the City Council adopted Ordinance No. 1095 (1987 Series) establishing new truck routes, and WHEREAS, City must install new truck route signs pursuant to the California Vehicle Code and Ordinance No. 1095 (1987 Series), NOW THEREFORE BE IT RESOLVED, the Council hereby appropriates $10,000 from the General Fund - Contingency Allocations to Account No. 001 - 5049 -013 -283 (Streets - General Program - Regulatory Signs) to cover the cost to install or modify necessary signs. On motion of Councilman Settle , seconded by Mayor Ron Dunin and on the following roll call vote: AYES: Councilmembers.;Settle,Illayor -Ron Dunin'an3- Griffin NOES: Councilmembe'r..Dovey ABSENT: Councilmember Penny Rappa the foregoing Resolution was passed and adopted this 20th day of October 1987, ATTEST: P4-1r uex� CITY CLERK PAM V S ` MAYOR RON DUNIN R 6345, i O Resolution No. 6345 (1987 Series) Page Two. APPROVED: City A inistrative Officer City 'Engineer jk5 /trkroute jms �; �'�1 t, � «�� � � .� � �-v �n� . L Recording requested by and when recorded mail to: City Clerk City of San Luis Obispo P.O. Box 8100 San Luis Obispo, CA 93403 -8100 oOc. NO. - 76400 OFFICIAL RECORDS SAN LUIS OBISPO CO., CAL OCT 2910 FRANCIS M. COONEY County Clerk Recorder TIME} .lb 210 PM RESOLUTION No. 6344 (1987 Series) A RESOLUTION OF THE COUNCIL OF THE CITY_ OF SAN LUIS OBISPO FINDING AND DETERMINING THAT A PORTION OF PRADO ROAD EASTERLY OF HIGUERA STREET IS UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC PURPOSES AND ORDERING THE ABANDONMENT OF SAME 9 BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. In accordance with the public hearing duly held on October 20, 1987, pursuant to Section 8300 et seq. of the California Streets and Highways. Code, this Council finds and determines that the portion of Prado Road right -of -way easterly of Higuera Street as described and shown on Exhibit "A ", attached hereto and incorporated_ herein is not necessary for present or prospective public purposes. SECTION 2. This Council hereby orders the abandonment of said right -of -way. SECTION 3. The City Clerk shall cause a certified copy of this Order of Abandonment, duly attested under the seal of the City to be recorded in the Office of the Recorder of the County of San Luis Obispo. On motion of Councilman Settle seconded by Councilman Griffin and on the following roll call vote: AYES: Councilmembers -Settle, - - Griffin, Dovey and Mayor Ron Dunin NOES: None ABSENT: Councilmember Penny kappa VOL 3066PACE 36 'I . 0 R Rf A1614 Resolution No. 6344 (1987 Series) Page Two. the foregoing Resolution was passed and adopted this 20th day of October , 1987• ATTEST: CITY CLERK; -PAM VOG °�?•''. APPROVED:` ity Adm'nistrative Officer City At o ney Community Development Director ity Eng•neer jk5 /prado -sr by VOL 3066PAGE. 37 /' — — F .: VOL 3066PAGE. 37 EXHIBIT "A" Sheet 2 of 2 LEGAL DESCRIPTION PRADO ROAD ABANDONMENT. That portion of road labeled as "Road 30 feet wide" on a map of the San Luis obispo Suburban Tract recorded in.Book 1 of Licensed Surveys in the San Luis Obispo County Recorder's Office at Page 92, lying between Lots 28 and 36 on said map and described as follows: Beginning at a point labeled "S 71" on said map, said point being the northwesterly corner of lot 36 of said map, said point also being the northwesterly corner of lot 9 of Tract 703 as recorded in Book 10 Page 50 of Maps; thence South.43627117" West 46.96 feet more or less to a point on the easterly right -of -way line-of Higuera Street; thence along said right -of -way line North 26614120" East 71,.54 feet, thence South 89055'34" East 287.91 feet more or less to a point on the southerly right-of-way line of Prado Road as shown on a map recorded in book 16 of Licensed Surveys at page 75, thence along said Prado Road right -of -way along a non - tangent curve concave northeasterly whose radial bearing is North 26032'53" East, whose radius is 542 feet, through a central angle of 802.5'20" and an arc length of 79.67 feet more or less to a point on the southerly right -of -way of the original "Road 30 feet wide" (per 1 LS 90), thence along said right -of -way line North 89055'34" West 331.09 feet to the Point Of Beginning. VOL 3066PAGE 39 END OF DOCUMENT i ��'.�(�,vw�. � � r � J� � � �� �` �„ cUti �� d �` ��� .. �: e i F-,-/ Q7 J SCALE 1" = 50' N Q K, CO 40 O city of wakap San LUIS OBI Sp0 990 Palm Street /Poet Office Box 329, Son Luis ODlepo, GA 93408 DATAPOIN♦ N15581 BEARINGS & DISTANCES QQ N 2601412011 E 71.54' 2Q N 430 27'17" E 46.96' 3Q N 89055'34!'W 331.09' ® R 542.00',A8 °25'20 ; L 79.67' 0 N 89 °55' 34" W 257.91' ABANDONMENT 5XI-f /f3 /r A — Sh e o'- A/2 PRADO ROAD ABANDONMENT EAST OF HIGUERA ST. VOL 3066PAGE 30 RESOLUTION N0. 6343 (1987 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP FOR TRACT 1235 - UNIT II (SUMMSRHILLS ASSOCIATES, SUBDIVIDER) WHEREAS, the City Council made certain findings concerning Tract 1235 - Unit 2 as contained in Resolution No. 5968 (1986 Series), and WHEREAS, all conditions required for Tract 1235- Unit 2 per Resolution No. 5968 (1986 Series).have been met or bonded for, NOW THEREFORE BE IT RESOLVED that final approval is hereby granted for Tract 1235 - Unit 2. The Mayor is authorized to execute the Subdivision Agreement.. On motion of Councilman Settle , seconded by Councilwoman Dovey and on the following foll call vote: AYES: Councilmembers Settle ,�Dovey,.Gtiff in: 'and Mayor Ron Dunin NOES: None ABSENT: Councilmember Penny Rappa the foregoing Resolution was passed and adopted this 20th day of October 1987. ATTEST: V CITY LERK PAM' GE * s r « r * • w ON DUNIN R 6343 C 0 Resolution No. 6343 (1987 Series) Page Two. APPROVED: City Ad inistrative Officer City Att 0 ney Community Development Director City gi eer jk5 /t1235fin by • o STANDARD SUBDIVISION AGREEMENT THIS AGREEMENT is dated this ?nrr, day of October by and between Summerhills Associates,R herein referred to as "Subdivider," and the CITY OF SAN LUIS OBISPO, herein referred to as the "City." RECITALS REFERENCE IS HEREBY MADE to that certain proposed subdivision of real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, a description of which is shown on final map of Tract 1235 (Unit II), City of San Luis Obispo, California, as approved by the City Council, on the 7Orh day of October , 192- The Subdivider desires that said Tract 1235 (Unit II) accepted and approved as a final map pursuant to the Subdivision Regulations of the City of San Luis Obispo (Title 17 of the San Luis Obispo Municipal Code), and It is a condition of said regulations that the Subdivider agree to install the improvements as set forth on the plans therefore. TERMS AND CONDITIONS: In consideration of the foregoing, the Subdivider does hereby agree to construct and install the following subdivision improvements in accordance with said subdivision regulations, and in accordance with approved plans and specifications on file in the office of the City Engineer, City of San Luis Obispo, to wit: 0 1. CURBS, GUTTERS AND SIDEWALKS 2. STREET BASE AND SURFACING 3. WATER MAINS and SEWER MAINS, including sewer laterals to the property line and water services to the curb stop. 4. DRAINAGE STRUCTURES 5. ORNAMENTAL METAL ELECTROLIERS 6. ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION: In to the inspection and approval of such facilities by the City, each public utility shall be required to file a letter stating that the developer has properly installed all facilities to be provided by him, and that the said utility is prepared to Provide service to residents upon request. 7. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by City regulations. All of the above facilities shall be installed in the locations designated and to the plans and specifications on file and approved by said City Engineer. The lines and grades for all of said improvements shall be established by the Subdivider in accordance with said approved plans and specifications. The Subdivider agrees that the work of installing the above improvements shall begin within thirty (30) ;days from the date of recording of the final map, and that the work shall be completed within eighteen (18) months of said recording date, unless an extension has been granted by the City, provided that if completion of said work is delayed by acts of God or labor disputes resulting in strike action, the Subdivider shall have an additional period of time e'quivaient to such period of delay in which to complete such work. Any extension of time hereunder shall not operate to release the surety on the Improvement 2 Security filed pursuant to this agreement. In this connection, the surety waives the provisions of Section 2819 of the Civil Code of the State of California. No building permits will be issued nor occupancy granted after the expiration date of the agreement until completion and acceptance of all public improvements unless specifically approved by the City. The Subdivider does also agree to comply with the following conditions established by the Planning Commission and /or the City Council: 1. The Subdivider has paid the following fees, in addition to bonds and inspection fee: (a) A monumentation guarantee of $3,300.00 to cover the installation of survey monuments in accordance with the approved map and payment for same. Said deposit will be released to the Subdivider upon receipt by the City of a letter from the Engineer /Surveyor indicating he has completed the work and.has been paid. (b) Water acreage fees of $13,003.60 (11.21 AC x $1160/AC). (c) Rockview =Tank Farm sewer lift station fees of $4,424.63 (11.21 AC X $131.55 X 3). 2. The Subdivider shall be responsible for landscaping the linear park, the railroad buffer zone and Tank Farm Road parkway, according to the conditions of the approval, plans and Edna -Islay Specific Plan and shall be responsible for maintenance of the railroad buffer zone and the linear park until taken over by the Homeowner's Association. The landscaping of the Tank Farm Road parkway between Hollyhock and the SPRR is deferred to be a condition of Tract 1264 (Unit 2 & 3) due to construction interference including the shoofly fill and the Southern Pacific Railroad Underpass. 3. The Subdivider shall receive full credit for dedication of a park with Tract 1235 (Unit I) per Condition 7 of Resolution No. 5968 (1986 Series). 4. Subdivider shall provide for payment of $750 to the City through escrow for each dwelling unit as a park development fee. These payments are payable prior to occupancy releases or property transfers in lieu of filing liens as prescribed in Condition 14 of Resolution No. 5968 (1986 Series). The restoration of lost section corners and retracement of section lines within the Subdivision shall be in accordance with Division 4, Chapter 15 of the Land Surveyors Act of the Professions and Vocations Code of the State of California, paragraph 8771 et seq. 3 The Subdivider attaches hereto, as an integral part hereof, and as security for the performance of this agreement, an instrument of credit or bond approved by and in favor of the City of San Luis Obispo, and conditional upon the faithful performance of this agreement. Said instrument of credit or.bond is in the amount of $1,000,000.00, which is the amount of the estimated cost of said improvements. Subdivider agrees to remedy any defects in the improvements arising from faulty workmanship or materials or defective construction of said improvements occurring within twelve (12) months after acceptance thereof. In accordance with Sections 66499.7 and 66499.9 of the Government Code of the State of California, upon final completion and acceptance of the work, City will release all but 10% of the improvement security, that amount being deemed sufficient to guarantee faithful performance by the Subdivider of his obligation to remedy any defects in the improvements arising within a period of one year following the completion and acceptance thereof. Completion of the Work shall be deemed to have occurred on the date which the City Council shall, by resolution duly passed and adopted, accept said improvements according to said plans and specifications, and any approved modifications thereto. Neither periodic nor progress inspections or approvals shall bind the City to accept said improvements or waive any defects in the same or any breach of this agreement. If the Subdivider fails to complete the work within the prescribed time, the Subdivider agrees that City may, at its option, declare the instrument of credit or bond which has been posted by Subdivider to guarantee faithful performance, forfeited and utilize the proceeds to 4 • o complete said improvements, or city may complete said improvements and recover the full cost and expense thereof from the Subdivider or his surety. The Subdivider agrees to deposit with the City a labor and material bond in the amount of 50% of the above described subdivision improvements in accordance with State law. Said Subdivider has deposited with the City the sum of $33,000.00 under Tract 1235 (Unit I) (Fund #653) which will be carried over and used on Tract 1235 (Unit II) from which deposit the City will pay the salary and expenses of an inspector or inspectors to inspect installation of said subdivision improvements and certify that they have been completed in accordance with the plans and specifications. Any unexpended monies will be returned to the Subdivider. In the event the inspection fees exceed the sum of $33,000.00, the difference is to be paid by the Subdivider. The City reserves the sole discretion in determining the amounts to be paid for salary and expenses of said inspector or inspectors. Title 16 of the San Luis Obispo Municipal Code, entitled "Subdivision," all plans and specifications on file with said City Engineer as a part of said Subdivision Map, and all other documents filed with the City by the Subdivider and approved by the City Engineer are hereby referred to for further particulars in interpreting and defining the obligations of the Subdivider under this agreement. It is understood and agreed by and between the Subdivider and the City hereto that this agreement shall bind the heirs, executors, administrators, successors and assigns of the respective Parties to this agreement. E 0 • It is agreed that the Subdivider will furnish copies of the successful bidder's contract unit prices and total bid prices for all of the improvements herein referred to. IN WITNESS WHEREOF, this agreement has been executed by: CITY OF SAN LUIS OBISPO ATTEST: l D" V CIT CLERK PAM V ES Approved as to form: /zr-//-City Atto I ey p City Eineer Agr1235II by 2 SUBDIVIDER SUMMERHILLS.ASSOCIATES, LTD. By: Santa Lucia Hills General tnership RESOLUTION NO. 6342 (1987 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE COOPERATIVE AGREEMENT FOR THE UPGRADING OF THE TRAFFIC SIGNAL AT HIGUERA AND MARSH STREETS AND TRANSFERRING MONEY FOR THE CITY'S SHARE OF CONSTRUCTION COSTS. WHEREAS, the California Department of Transportation has determined the need to upgrade the signal installation at Higuera and Marsh Streets, and WHEREAS, the California Department of Transportation has prepared plans and specifications for this project, and WHEREAS, the City recognizes the importance of the upgrade and modification of the intersection, and WHEREAS, the City of San Luis Obispo is a 25 percent owner of this intersection, NOW THEREFORE BE IT RESOLVED, that the Council of the City of San Luis Obispo hereby: 1. Approves that the certain agreement attached hereto and marked Exhibit A, and incorporated herein by reference between the City of San Luis Obispo and the State of California, Department of Transportation, and that the Mayor is authorized to execute the same. 2. Authorize the City Clerk to transmit the original and two copies, attaching to each a copy of the authorizing resolution to: W. W. Evans Local Assistance Engineer Department of Transportation P. 0. Box 8114 San Luis Obispo, CA 93403 -8114 for execution by the State. 3. Directs the City Finance Director to transfer $34,000.00 from the Street Funds, CRP allocation to Signal Reconstruction at Marsh and Higuera, 021- 9823 -091 -572. R 6342 0 o Resolution No.6342 (1987 Series) Page Two. 4. Directs the City Finance Director to deposit with the state within 25 days of receipt of billing from the state, $31,000.00 for construction and engineering costs.. On motion of Councilman Settle seconded by Councilwoman Dovey and on the following roll call vote: AYES: Councilmembers.Settle:,- Dovey,:Griffin and Mayor"Ron-Dunin NOES: None ABSENT: Councilmember Penny Rappa the foregoing Resolution was passed and adopted this 20th day of October 1987. MAYOR RON DUNIN ATTEST: CITY CLERK PAM VOG APPROVED: ty Admibistrative Officer City Attbtney Ffinance Director G City Engineer b15 /upgrade by CZ � /ice / ",CrE ID GU. MCITA .1, STATE aad CITY contemplate revising the traffic Control System and aafeLY lightings and constructing aidewalkp retaining wall, wheel chair tajap4j, and One traffic lane at the iliteraection 0;f,the Porch & .-3outhbound.U. So Route 101 ramps and State Route 227 (jjar6h & Hiquera Btreets in the City of San Luis Obispo), referred he rcill au OPROJECTO and desire to specify the tortes .and is to be anginearede constructed# conditiono illdar WIlich PR'DiC financadf and !11airltained. M.U29-1 STATt AGRI 'ILE 1. ,,o proLoide all necessary preliminary aj agineeringo ncludii,; J afld specificationa, a,ld 411 C12Ct:s9ary CO"ZLjU1-L-. zal:viCeS for L1AU PROJEC1 anJ to )aal 1;. A attached. STATE"' thereof,, as ahown on 2jilibit and iaudc- o(_4rezrAent. atr&ct i accordance with': 2. J. Luct the PROJECT by co; ll the eLtions of STNI'S, alaoijilt equal to 75% of rsiognal a.,ld iighting relatiac '; costs and STATE'zi shara oL'-' roadwork aj 2howa on va1zhibiL A. Fn no L Wc-at shall 'STX-'U1z; L.,i:ZlgziLlian gal: c01 struction co3tii utl�;jr this Section I'll, Article A g r a e aa:1 L- COULL-, referred to in 'l , C : ., �jL;:& 00, provided that OrATE stay, at Liq:�U;-IL Ok �1020,0 I its JIL writing, dut;jjorize a greater a;aount, 4, etion of PROJECT az rl d all wort, wort, incidental CITy, with a detailed utatemcilt Of the coots to b borne porLiOil 0 and construction e rn CITY 1:QjQjULjoij of aay QlaiW; WfAich A&ZLY 06 r-1Qd by STATV�; zin-d to refurid to CITY liromptly after c 0 La L:� L- -jTATL alldit any amount of ClTylis deposit`.. rOCIL1C J rl :o (1) ranui--illzcj after actual costs 1 i� to 'lave baan deductedo or to biji Ci—iy for any I U te f inaircial requicc-d cOmPla. OU 1 t L �o tjji6 ii-jxeaaent, f i c (ii) and cu i An Lkie antire traf Contl�01 a� iniitailed dad Pay an &.aount equal t.: 75% of J including eleti.trlciji o2llarqy costs, the traffic control zicjnal(A as ili .taped. and zzla 01e D cost. CITY of SAIL LUIS OUISPOI a body politic and a municipal -onjoratiun 01i Lha Stan of referred to 4, -- 4: e i r I a vor Cly I) 05-SI,0-227-13.8 05351 3407011 Rte. 227 @ Marsh.& Ti Streets in CiLy Of Sall 1,Ui.'; Obispo District Agreement Ito. 0 5A D 3 0 nn 1)fl EAT VE ACR E Fll lF, Til 1' I :i'WO Ok' nrrnhp?m 2n 1997 i E. between t. -01 -IiA.j, 43.c�.iag by and tairaugh i'Ls 11-ai;art1-411t of L,:j herain as "STP CITY of SAIL LUIS OUISPOI a body politic and a municipal -onjoratiun 01i Lha Stan of referred to 4, -- 4: e i r I a vor Cly I) �� o S CTIOTI TI CITZ 1. TO P 0 S TATS w i t h i n 25 0A !:-.o be billing tliereftf (wilicii billing will be fOr';U1 ..signal and liciiLinq related conatruction costs L)AA1:" following ST.Nv,,.,j L).Lej aci�lrertising date of of PROJECT)ip the amounL Of "431,0008 which fiypure ;STATE-iurnisheO ni!ate.-jait ji anyp as det�sr;iiilofj a. estimated Share of the e.xPe.lse Of Drelimillax..•• t, IJI ► constructioll 01119i11On.Ei"g. and construction .36 shall be a" elual to 25? Of tho- complete th"_' PPOJ,r-,(,Tr ar. Gilown. on ExiiiK�it obligation for said anticipated projoct sue t's"P Q claims and excluding c0stli referred to in shall bc- an a;T11aLjnL E!quai to 25% of the (9), under thir, T1grase2mnt sj.iall not s7,cer_,d 11-ho provided that CITY ma", at its sole dis-cfetioll, authorize a greater aMOun'- 2, CITY's *hare or the con,3truction cost; !:-.o be mount equal to 25% of 11- a L. $240000), ahall be all r .. - 1. ..signal and liciiLinq related conatruction costs L)AA1:" re ro natruction cointse illcltt'J�1,� of the actual arleork co -1 of .3 t of STAT� defenac of any claim,.i :end claims, t- he C0. - of ;STATE-iurnisheO ni!ate.-jait ji anyp as det�sr;iiilofj a. r io I of Work and upon final accounting of cast "". CITY,- nitaj:p- rif t4e expense of .36 shall be a" elual to 25? Of tho- preliminary en, :.,Ane^ring for the entire 4* CIUI*V.,, Of tjie expen;3c of 00V%Jt!:Lk!.'i shall bc- an a;T11aLjnL E!quai to 25% of the construction enci.,eering for the entire p,,jn31 r7e. S. To y ATE UPII O COIP-PiPtiOn Of all ­a STATE days of receipt of a detailed stateraerlt M;1d;` 'tie Of cc�,7tr. Lbereforp any amount QVer and .,nancial accounting required to complete C17VG tia aforesaid advance daposit req obligation pursuant to tilis agreement. 6. To reimburse STATE for CITY'`; proportionate t of maintenance .3Lnd- Operation Of said traffif,- control coo n t n� y lig*,jtjng,, such share to be an a,"nou. .1us-1 signal(s) and Safet atiOn cW,*�r i.ncluding to 25% of the total i-taintenance and opefc '.,electrical energy costs. • 7s That Luminaire 110. 0-1383, located at the ;outheasteo, corner of the intersection of Archer St. and State Route 227 (March St,) . and the electrical energy Ci rcuits for lighting and pumping the 0)list4ng water fountain conRtructed under encroachment permit will be the property of the CITY M • 8. To itzaintain and operates the aforementioned luminaire and electrical i i.rcuita as installed and pay an awount equal to 100% of their a ;,aaint, rjance., and electrical energy costs, SECTION III IT IS MUTUALLY AGRECD AIS F31-r-ML-U 1, All obligations of STATE under the terms of this Agreerwaiit are su'&)Ject to th.o appropriation of re.:ources by the lseqivlatuga ai-i'd Lila allocation of resources by the California Tranzipoct-ai: 'LQi-A Ccna;jiis!;ion. 2. j;jj.,j'jl not award a contract for Lille work until after of CITY's deposit required in SecLiou II, Article zv a; 'U'T L�e financed with 3. Sii,.juid i y portlon of the PROJ applicible pcocedures Fedecai OL� St!IL%� qL1-- tax funds all and IpU ', i ;- 1 1 -- L iwj t;:) -.4'ji;i use of sucL funa;i !;11:111 ap PlY provijioia:; of this Agree:.-ent. aing of bid; CITLY's e;;iLilu-ate Of C06t, Wi'l be :iu,L-ual bid prices. Uaposit undtez 11p ttrLi0lv 11) above will ba incroa6ed or :;:lid revised eatimate. if increase of j- ieuzi tl43a $10,000, no raLuad oc UA ijciad for addiLlvi-:,;.i will b%a u,�,de until final aucounLiog. IJL-'4:'14illg bidb for the PROJECT and if bids indicate a cos L• cv�-L-,JiA Lr- isj MoKe Z".-ian 10$ Of tile eatillute Uill occurs, STATL 0. rk:7 apeniag of bids, it is found that a cost QV&rrUn 10% of Lhe e3tiMdta will occur, STATZ &fLd CITY shall to agree upon an alternative course of action. If, aft�l: "i") aii altecriative course of action is not agreed Upon, Liti,., L011all be deamed to U! tarminated by mutual Conseat co Article (8) of this Section 111. 7. uward of the construction contract for the 'C." I.- by al;iLrert notice# PRO-7.07' "� PrOV1.1uU PuYS SV1.--VL nor all coati incurred by STATE. of this Agreaaant i;i by ,mutual consentp STATL= ,,,L L 71"' .,,id Cir, will :vaar 25% of ill costs incurred Zy Pri0o- a:,4CL:j:)L that dDy Utilitty Le-10cation costs accordance wiLli M0.?kT31zi/C1TY$s r utility relocation co3ta. 9. 1-1" vXiliLing puialic and /or private utilities conflict with tt:: .:L::istructlon or the PROJECT, STATE will make all necessary arrancj aments with the owners of sueU utilities for their protaCtion, relocation or removal. :STATE will inapect the protections relocation or removal, which if there are coats of such prot�aOLion, relocation or removal which the STATE and CITY must le:gaily pay, STATE and CITY will share in the cost of said p,rutection, relocation or removal, plug; cost of engineering overhead z4ad insection, in the amount of 75% STATE and 25% CITY. Required relocation or removal of utilities ahall be perfuriaed in ak;cordaace Britt, STATE policy and procedure. SPATE's share si;:,il no L incruase tila jump sum share amount aU stated in section, I, A;: ticie (3) . 10. Ti�)on complatiou of all work under this Agreement, ownerbhip :.nd title to all signals, waLerialu, equipment and appurt•eii4k.ccs installed will automatically be vested jointly between a►tJ CITY, in the amount of 75% WATT' and 25$ CITY, eXCa4�� Ll:;1Ln31Y'L tlo. D -1393 and electrical enet.3y circuits for ti,a ..sLur kountai.;; %rhieh will be ouun d 1003 by CI`T`Y ab ..._.:6ioa II, Particle (7) of tIYiu acjI- eidiant, and nO :rill be necessary to tra,nsr "L:e oWn;= xship as of any engineering or "interianca cef'LArred to all direct and indirect cost:: (functional uvechead LtFiaesamenr) attributable to such work, acaordance with STATE's standard accounting :3'1A'rQ nor aixy officer or e,dployee thereof shall be Zor any damage or liability occurring by reason Of anythi;:7 L.1+11C or omitted to be done by CITY under or in connacti:.,,: .iidi wily worm, authority or jurisdiction delegated to CITY uadki L L.;is :Lgreziaeat, it is also agreed that, pursuant to Sectioa 1995.4, CITY shall fully indemnify and hold .5TA'-'!: Liaj.,Ale:;s frow any liability irgroaed for injury (as definea L; .Ur: :; 7znt Coeur Section 810,9) occurring by reason of anytr.i:,;, a,,: :.jr o.aittud to be bone by CITY under or in con.1eCL -1' -.. .1'.. L4„y work s authority or jurisdiction delegated to CITY ul;L, -: 13. , 1, i:,w +. e. -!'Y n,.�r any officer or employee thereof shall :.ur 4ay ds:a cge or liability occurring by reason of an, 1..: :...: or OniLted to be done by STATE Undar or in era ;:, any work, authority or jurisdiction not CI'L r u ;War chin Rgreement. it is also agreed that, pus .u�:Y: } C �rri,;eiYt Code Section 895.40, STATE shall fully .,;:%i ,:,; i d CITY Lartale as from any liability imposed for iujucl (u., by Government Code Section 810.9) occurring by reason, L:_' _..: t-: L :,y done or o.;;itted to b4: ,Borne by STATE under or in Mich any wo,k, authority or juriaciiction not dole j,,iui _ . utYder ii,is Agreement. 14. Tilat:, in the construction of said work, STATE will furnisli s a: ;ireueataLive to parform the functions of a Resident Engineer, and CITY May, at no cast to STATSt furnish . a rep;aualitativer if it zo desires, and that said repreuentative. and Reaiderat '1utairiaar will cooperate and conanit Vitt, each other, but the dGcisiun;, of STA`.21s angineer shall prevail. 15. 71hat execution of. this Agreement by CITY grants to STtAT6 the ri, lU do enter upoa1 CITY owned lands to construct the j. PROJEC^ ::a_`se Tea i v herein, 1�. T'SiUL �:l;is Agraeriont Shall terminate upon completion and •`acceptance �t Liie PROJECT constructivr, contract by , or on July l., !950, .�hiciaaver is earlier in time; however, the - ownershi -: and maintenance clauses a;hall reiaain in Ca f -+-AcL until i.,_terminated. Di writing, by iautu.al agreemenL•. Should any claim. ,: arising ova:: o: this project be asserted ag�ainse STATE, CITY +;F '= 8gree: t— _- i'.—nd the L ert8l.naLion data of t'.r J6 i��1r'Z ecaent and ' provl l o ac)J turaCli.,1g -a:; L'EC1li1C:` to covet . ".ITY'B �rOIL)OCi:.i J.�. i t iL'c' :)F (v it i or eaecut "t? :d 3h ivijL'_C1L" c9CyiC'£tPli:nt to r. STATE ;-JP i•: ;:; ?'; CITY OF Sail Lui -9 01 —piugo Joe LEO J. "s: i:•io:.i;_iC)ri ui:10i3 I �h; JC ON DMN H y 1 %��. / At�wit9 Di L.[ i<;L i'+i. L" :;i:.0L City Ciu "k PAM VOGES Approviz!ci zi:s L'::if:i alul pc0ceduze of 2"rWn; orL�ititin Cert.; L2 .... :.s: i:uad :.i and p:iJ5Wedure . EXHIBIT A P---'Y'I!-.IATF. OF COST Total Est, pescriptio-a Cgst City': State's Share Share,; $ 55,000,00 $ 13j750.00 Constructioiz Cost: 39,000,00 SigaalL 9,750.00 Roadwo&-k $ 9410006-00 Subtotal 23,500.00 Engineering Cost Signals $ 1r265.00 $ 316.00 o—Labor) PrelLit. Gil -; (Nxi $ 5,335,00 $ 1p334.'00 prelicfj. .,:c;. (Labor only) 2,750.00 907s 680.00 2,062*00 $ 1t760,00 o 440.00 Const. $ 4,071,00 3.2% Of 1v018.00 3o,053*00 $ 11871.00 st. i: ij (Labor Only) CoP E $ 2t4031-00 76`0% of Cos's-, $ Const. Sisyi:q. (Dverhea4) $12,788.00 460 of 7. 3 4 of ConzL. Co,;L 4,973*00 SubtL)Lal $ 1,365.00 �Zngirvueri.i,.j Cost Roadwork 12,091.00 $ 3tO23.00 Preli,n- 17% $111,053.00 Overhazij ;-;i.I.Au:I J 27*764..00 Conijtc. 14� $123j144.00 $ 30,787.00 Z)U j.r L TuLZLI nqrg. foi: Total 9 Cojt for City': State's Share Share,; $ 55,000,00 $ 13j750.00 $41,250,00*. 39,000,00 9,750.00 29,250.00 $ 9410006-00 $ 23,500.00 $70,500-8-00 $ 1r265.00 $ 316.00 949.00 $ 5,335,00 $ 1p334.'00 $ 40001400 2,750.00 680.00 2,062*00 $ 1t760,00 440.00 $ 1,320100 $ 4,071,00 1v018.00 3o,053*00 $ 11871.00 $ 468.00 $ 2t4031-00 qV7-7,052.00 $ 4,264.00 $12,788.00 6,631.00 1o658.00 4,973*00 5,460.00 $ 1,365.00 $ 4rO95.00 12,091.00 $ 3tO23.00 %,1 90,068000 $111,053.00 $ 27*764..00 $83,289.00 $123j144.00 $ 30,787.00 $92,3570-00 -- 7i, RESOLUTION NO. 6341 (1987 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE SUBDIVISION IMPROVEMENTS FOR TRACT 1327 LOCATED AT 1239 FOOTHILL BOULEVARD (CARHILL ASSOCIATES, SUBDIVIDER) WHEREAS, the subdivision improvements for Tract 1327 have been satisfactorily completed, and C -5 WHEREAS, the Subdivider has requested acceptance of the public improvements by the City, NOW THEREFORE BE IT RESOLVED, by the Council of the City of San Luis Obispo that the public improvements for Tract 1327 are hereby accepted for maintenance by the City of San Luis Obispo and the Council authorizes the release of 90% of the Faithful Performance bond in accordance with the Subdivision Agreement. On motion of Councilman Settle , seconded by Councilwoman Dovey , and on the following foll call vote: AYES: Councilmembers Settle, Dovey, Griffin and Mayor Ron Dunin NOES: None ABSENT: Councilmember Penny Rappa the foregoing Resolution was passed and adopted this 20th day of October , 1987. AYOR RON ^DUNIN ATTEST: 4( ) ewl% CITYCLER PAM V GE R 6341 Resolution No. 6341 (1987 Series) Page Two. APPROVED: ity AdnNinistrative Officer City Atfbrney Community Development Director A,Q� City Engineer jk5 /t1327acc by 0 �i �rAV i RESOLUTION NO. 6340 (1987 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING PORTIONS OF THE SUBDIVISION IMPROVEMENTS FOR TRACT 1235 - UNIT 1, AND AUTHORIZING THE PUBLIC WORKS DIRECTOR. TO ACCERT REMAINING ITEMS UPON THEIR COMPLETION WHEREAS, the Subdivision Improvements for Tract 1.235 Unit 1 have been completed, and WHEREAS, the gabion work surrounding the culvert under Poinsettia Street culvert requires additional work, and WHEREAS, the Subdivider has requested acceptance of the completed Public Improvements, NOW THEREFORE HE IT RESOLVED, by the Council of the City of San Luis Obispo (1) the public improvements for Tract 1235 Unit 1, except for gabion work adjacent to the Poinsettia Street culvert, are hereby accepted for maintenance by the City of San Luis Obispo; (2) release $975,000 of the Faithful Performance Bond for work accepted; (3) the.Public Works Director is hereby authorized to accept the gabion work when it is satisfactorily completed and release $15,000 of the_ Faithful Performance bond; (4) $110,006 of the Faithful Performance bond shall be maintained or substituded by the developer in a form acceptable to the City Attorney to guarantee the improvements for 12 months from this date in accordance with the terms of the Subdivision Agreement. On motion of Councilman Settle - -1 seconded by Councilwoman- Dovey -___, and on the following roll call vote: AYES: Councilmembeis Settle, Dovey "', Griffin and ;Mayor,-Ron- .Dunin,. NOES: None ABSENT: Councilmember Penny Rappa R" 6340 Resolution No. 6340 (1987 Series) Page Two. the foregoing Resolution was passed and adopted this 20th day of October 1987. - s YOR RON DUNIN ATTEST: CITY kLERK PAM VOG S APPROVED: City A Y- nistrative Officer City Attor y Community Development Director !--) City Engineer jk5/t1235 -1 by ��th�iC, �Ul,��l(� RESOLUTION NO. 6339 (1987 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE ATTACHED TRAFFIC ORDERS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: The attached Traffic Work Orders for the period of July 1, 1987 through September 30, 1987 are hereby approved. f' On motion of Councilman Settle and on the following roll call vote: seconded by Councilwoman Dovey AYES: Councilmembers " Settle, Dd ey ",and - Gi -iffin NOES: Mayor Ron Dunin ABSENT: Councilmember Penny Rappa the foregoing Resolution was passed and adopted this 20th day of October 1987. OR N DUNIN ATTES CITY LERK PAM VO ES APPROVED: City Acninistrative City At�trney City Engineer bl5 /wrkordrs lib3 /wr1 by R 6339 V)MV I( 5 :: li MEETING DATE: �����i�H��uillllll�lia ll�lli cciltyy of SannaWIS osispo �p Oct. -20. 1987 b`a���d'� � 1EN®� ��� ®� a ITEM BE FROM: David F. Romero Wayne A. Peters n, Prepared by: Barbara Lynch Public Works Director City Engineer _ _ SUBJECT: Traffic Work Orders for the Period of July 1, 1987 through September 30, 1987. CAD RECOMMENDATION: Pass resolution approving Traffic Work Orders for the period of July 1, 1987 through September 30, 1987. BACKGROUND: The City Engineer has, over the past three months, issued work orders making changes to improve safety and operation of the street system. Two- fifths of the work orders were signing changes, one -fifth were striping related and another one -fifth were requests for red curbing. The remaining were changes to parking and traffic signals. It has been Council's policy in the past to accept this report on a quarterly basis. This report satisfies this past policy. FISCAL IMPACT.: Minor implementation costs associated with street maintenance. RECOMMENDATION: Pass resolution approving Traffic Work Orders for the period of July 1, 1987 through September 30, 1987. Completed Traffic Work Orders (July 1,.1987 through September 30, 1987) Available in the Council office for review bl5 /wrkordrs lib3 /wrk by C -Z -I RESOLUTION NO. 6338 (1987 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LV S OBISPO AWARDING CONTRACT TO J.W. DESIGN & CONSTRUCTION AND TRANSFERRING MONEY FOR CONSTRUCTION OF PROJECT WHEREAS, the City received bids for "Bus Maintenance Facility, City Plan No. K -28X" and WHEREAS, the low bid was received from J.W. Design & Construction of San Luis Obispo, California, in the amount of $894,916 (base bid and bid alternates 4,5,6), NOW THEREFORE BE IT RESOLVED, the following items: 1. Accept the low bid from J.W. Design & Construction of San Luis Obispo. 2. Authorize the Mayor to sign a contract on behalf of the City for the following: PROJECT: Bus Maintenance Facility CITY PLAN NO.: K -28X ESTIMATE: $808,600 FUND NO.: 878 BIDDER: J.W. Design & Construction, SLO BID AMT.: $894,916 3. Direct City Clerk to prepare the appropriate documents for signature by the successful bidder and the Mayor. 4. Direct the City Finance Director to transfer $130,760 from the Transit Fund Balance to Project No. 878, City Plan No. K -28X. 5. City Council approval of the contract and transferring funds contingent upon all Urban Mass Transportation Administration project approvals, including the grant amendment request and the contract award. If UMTA does not allow the project to proceed, then the contract shall not be awarded and there shall be no further obligation by the City to the bidder. R6338 Resolution No. 6338 (1 Series) O Page 2 On motion of Councilwoman Dovey , seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Dovey, Settle, Griffin,.Rappa and rayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 29th day of September , 1987. ATTE ( ) CIT CLERK PAM VOG APPROVED: Cit Administrative Officer z7 City e Director EMMUE3 o � AMOR RON DUNIN G ATTACHMENT "A" BID SUMMARY SHEET G The following bids were received in the City Clerk's office on Tuesday, September 1, 1987, at 2:00 P.M. for BUS MAINTENANCE FACILITY and were opened in the order they were received. City Plan No. K -28X 1. Bordonaro & Son Construction, Inc 5275 Camp 8 Road Paso Robles, CA 93446 2. Palmo Construction Co., Inc. P. 0. Box 9666 Fresno, CA 93793 3. J. W. Design & Construction P. 0. Box 1154 San Luis Obispo, CA 93406 4. Bunnell Construction, Inc. 141 Suburban Road, A5 San Luis Obispo, CA 93401 Base Bid: $838,838 1. 64,300 4. 11,000 2. 22,200 5. 30,000 3. 86,880 6. 18,700 Base Bid: $889,000 1. 58,000 4. 11,000 2. 32,000 5. 29,000 3. 80,000 6. 13,000 Base Bid: $846,302 1. 57,592 4. 6,026 2. 24,084 5. 30,308 3. 78,337 6. 12,280 Base Bid: $892,307 1. 64,914 4. 6,081 2. 30,590 5. 30,065 3. 74,803 6. 15,309 '1i' 4"- 1,���'z��.C� ;,; „ � , �. SOLUTION NO. 6337 (1987 Series)O A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE FILING OF A SECTION 3 GRANT AMENDMENT REQUEST TO THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED AND THE EXECUTION OF SAID GRANT AGREEMENT BY CITY WHEREAS, the United States Secretary of Transportation is authorized to make grants for mass transportation projects; and WHEREAS, the contract for financial assistance will impose certain obligations upon the City of San Luis Obispo ( "City "), including the provisions by it of the local share of project costs in the estimated amount of $238,225; and WHEREAS, it is required by the U.S. Department of Transportation in accord with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an application for assistance under the Urban Mass Transportation Act of 1964, as amended, the City given an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the U.S. Department of Transportation requirements thereunder; and WHEREAS, it is the goal of the City that minority business enterprise be utilized to the fullest extent possible in connection with this project, and that definitive procedures shall be established and administered to ensure that minority businesses shall have the maximum feasible opportunity to compete for contracts when procuring construction contracts, supplies, equipment contracts, or consultant and other services; NOW BE IT RESOLVED by the Council of the City of San Luis Obispo 1. That the Transit Manager is authorized to execute and file a grant amendment request on behalf of the City of San Luis Obispo.to the U.S. Department of Transportation, to aid in the financing of a Bus Operations /Maintenance Facility. 2. That the Transit Manager is authorized to execute and file with such request an assurance of any other document required by the U.S. Department of R6337 Resolution No. 6337 (11917 Series) Page 2 �i O Transportation effectuating the purposes of Title VI of the Civil Rights Act of 1964. 3. That the Transit Manager, is authorized to furnish such additional information as the U.S. Department of Transportation may require in connection with the request or the project.. 4. Should UMTA approve the grant amendment request, that the Mayor is authorized to execute the grant amendment on behalf of the City of San Luis Obispo. 5. That the Transit Manager is authorized to set forth and execute affirmative minority business polices in connection with the project's procurement needs. On motion of Councilwoman Dovey , seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Dovey, Settle, Griffin, Rappa and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 29th day of September , 1987. ayor Ron Dunin ATTEST: (nJ City Jerk Pamela Voges Approved: V2� City Administratij�Q Officer e Di City 41ttorney �- • O �,�ancs� 1�'�rc� kro��� c • RESOLUTION N0.6336(1987 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT WITH THE CITY AND COUNTY OF SAN LUIS OBISPO AND PACIFIC GEOSCIENCE TO PERFORM SPECIAL TESTIN ^. AND INSPECTON SERVICES DURING CONSTRUCTION OF CITY- COUNTY LIBRARY A.T. 955 PALM STREET AND AUTHORIZING THE CITY ADMINISTRATIVE OFFICER TO APPROVE FUTURE.CONSTRUCTION- RELATED AGREEMENTS FOR THIS PROJECT WHEREAS, the City Council has authorized construction of a new City - County Library at 955 Palm Street; and WHEREAS, the Joint Powers Agreement for the City - County Library requires approval of contracts by both the City and County of San Luis Obispo; and WHEREAS, specialized testing and inspection services are needed to assure the building's proper construction and compliance with applicable codes; and WHEREAS, the County is responsible for contract administration and has selected a firm to provide these services; NOW, THEREFORE, BE IT RESOLVED as follows: SECTION 1. The certain agreement attached hereto marked Exhibit `A' and incorporated herein by reference approving an agreement between the City, County and Pacific Geoscience is hereby approved and the mayor is authorized to execute the same. SECTION 2. The City Council hereby authorizes the City Administrative Officer to approve future agreements associated with construction of this library. SECTION 3• The City Clerk shall furnish a copy of this resolution and a copy of the.executed Consultant's Agreement to the County Department of General Services, City Engineer and Pacific Geoscience. On motion of Councilman Settle , seconded by Councilwoman Rappa , and on the following roll call vote: R6336 CONSULTANT SERVICES AGREEMENT SPECIAL CONTINUOUS INSPECTION, SAMPLING AND TESTING SERVICES This Agreement, made this 9' day of 1987, by and between the County of San Luis Obispo, hereinafter referred Iro as "County ", and the City of San Luis Obispo, hereinafter referred to as "City ", hereinafter jointly referred to as °Owner" and Pacific Geoscience, Inc., (corporation) hereinafter referred to as "Consultant". NITNESSETH: That for and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: ARTICLE 1. AUTHORIZATION: a. Scope: Consultant will provide the following Continuous Special Inspection, Sampling and Testing services as described herein and under the Exhibits of this Agreement for the County project hereinafter described: City /County Library Facility, Project No. P2268. b. The following exhibits, are attached hereto and incorporated herein by reference as though here fully set forth. EXHIBIT "A" - SCOPE OF SERVICES EXHIBIT "B" - PAYMENT SCHEDULE EXHIBIT "C" - SUBCONSULTANT LIST ARTICLE 2. RESPONSIBILITIES OF CONSULTANT: a. Consultant's Services: Insofar as they may be applicable to the project contemplated by this Agreement, Consultant shall render the services and furnish the phases of work as described in Exhibits of this agreement, commencing with receipt of a written "Notice to Proceed" signed by the Project Coordinator. b. Coordination: In the performance of Consultant's service under this Agreement, Consultant agrees that he will maintain such coordination with City and County officials as may be requested and desirable, including primary coordination with the Project Coordinator in the County Department of General Services, and also w -ith the City Project Manager. C. Status: Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor, and in no event shall any of its personnel or sub - contractors be construed to be an employee of Owner. d. Contract Personnel: The work to be done pursuant to this Agreement shall be done by Dennis C. Shallenberger, California Civil Engineering License No. 39909, and such other personnel in the employ or under the supervision of Consultant who shall be approved by the Owner. The official of Owner who shall be vested with the right of approval of such additional personnel or outside contracting parties shall be the Director of General Services of County. The Owner reserves the right to reject any of the Consultant's personnel or proposed outside consultants, and the Owner reserves the right to request that acceptable replacement personnel be assigned to the project. Consultant shall provide a list (Exhibit 'C') of all other Consultants or outside contracting parties. e. Covenant Against Contingent Fees: Consultant warrants that he had not employed or retained any company or person, other that a bona fide employee working solely for him, to solicit or secure the Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent on or resulting from the award of making of this Agreement. For breach or violation" of this warranty, the Owner shall have the right to annul this Agreement without liability, or in its discretion, to deduct from the contract price or consideration or otherwise recover, the full amount of such fee, commission, percentage fee, gift, or contingency. f. Non - Discrimination: Consultant shall comply with the provisions of Presidential Executive Order No. 11246 of September 24, 1965, and all other orders, regulations and laws governing non - discrimination in employment, including in particular, Section 122(a) of the State and Local Fiscal Assistance Act of 1972. ARTICLE 3. RESPONSIBILITIES OF THE OWNER: a. Services: The Owner shall cooperate with Consultant on all phases of the. work covered by this Agreement and will make available to him, upon request, any allowable. data in possession of the Owner pertinent to this agreement. The Owner shall also be responsible for providing such staff assistance as is required in the Exhibits of this Agreement. b. Coordination: The Project Coordinator' will establish the lines of communication /authority between Consultant and Owner. C. Conflicts Of Interest: No member, office, or employee of the Owner during his tenure, or for one year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. ARTICLE 4. FEE-AND PROVISION FOR PAYMENT: Owner will pay Consultant a fee not to exceed Twenty Seven Thousand Seven Hundred Twenty Five Dollars ($270725.00) for work contracted in this Agreement and billed for based on Payment Schedule Exhibit "B ". Consultant shall be paid no later than thirty (30) days following receipt by the Owner of Consultant's progress report and invoice. ARTICLE S. CHANGE TO CONSULTANT SERVICES: a. Authorization: Changes to Consultant's services and payment schedule shall be authorized in advance by the Project Coordinator and approved by the General Services Director, the City Project Manager and the City Finance Director. b. Consultant's Request for Change: Consultant shall provide necessary documentation for proposed change in scope of services prior to authorization by the Owner, unless it is in an emergency condition, in which case documentation shall be submitted as soon as possible after the fact. C. Payment Request: Claims for extra work must be submitted by Consultant within 30 days of completion and acceptance of such work, and must be accompanied by a statement of itemized costs covering said work. d. Payment: Any additional service billings shall be based on the additional services fee schedule contained in Exhibit "B ". Consultant shall be paid no later than thirty (30) days following receipt and approval by the Project Coordinator of Consultant's claim. If not approved, Consultant will be promtply notified of any deficiency. ARTICLE 6. TIME OF COMPLETION: Consultant agrees to diligently pursue his work under this Agreement and to complete the work as described in the Exhibits of this Agreement in accordance with general accepted practices consistent with the standards of the profession upon receipt of the "Notice to Proceed". Consultant shall not be responsible for any delay which is c ?used by action or inaction of the Owner, any government Agency, the Contractor or acts of God, but shall be responsible for his own fault or negligence of that of any Consultants of his. 3 ARTICLE 7. SUSPENSION OR TERMINATION OF AGREEMENT: This Agreement may be suspended or terminated, in whole or in part, at any time prior to the date of completion in accordance with the following: a. Suspension of Agreement: If the Consultant fails to comply with the conditions of the Agreement, the Owner may, by written notice of the Director of General Services suspend the Agreement and withhold further payments pending corrective action by the Consultant or a decision to terminate the Agreement. After receipt of notice of suspension, the Consultant may not incur additional obligations of Agreement funds during the suspension unless specifically authorized by the Director of General Services. b. Termination for Convenience: Either party hereto shall have the right to terminate this Agreement upon giving 10 -day written notice of such termination to the other party. In the event of the termination of this project in its entirety, notwithstanding any other fee provision of this Agreement, Consultant shall be entitled to the reasonable value of completed services prior to °Notice of Termination ", but not more than the contract price of Article 4 above. ARTICLE 8. INDEMNITY CLAUSE: Consultant shall defend, indemnify, and save harmless the City of San Luis Obispo and the County of San Luis Obispo, its officers, agents and employees from any and all claims, demands, damages, costs, expense, or liability arising out of this Agreement or occasioned by the negligent performance or attempted negligent performance of the provision hereof, including, but not limited to, any negligent act or omission to act on the part of Consultant or his agents or employees or independent contractors directly responsible to him, except that the above shall not apply to the sole negligence or willful misconduct of the Owner or the Owner's agents, servants or independent contractors who are directly responsible to Owner. This indemnification provision shall apply even if there is concurrent or joint negligence of indemnitor and indemnitee, and even if there is active or passive negligence by either or both parties. ARTICLE 9. OWNERSHIP OF DATA: The ownership of all .test data collected for use by Consultant under this Agreement, together with working papers, drawings, test results, and other material necessary to complete the services as required by this Agreement shall be vested in the Owner. Ownership of original documents shall be vested in the Owner. Owner can request any of the aforementioned documents at any reasonable time during the terms of this agreement at no cost to the Owner. Consultant may retain a copy of all work for his own use. 4 O O ARTICLE 10. MODIFICATION OF AGREEMENT: This Agreement may be modified only by written change order signed by all parties hereto. ARTICLE 11. LAW GOVERNING: This Agreement shall be governed by the law of the State of California. ARTICLE 12. INSURANCE: a. Auto and Public Liability Insurance: Consultant shall also maintain in full force and effect for the duration of this Agreement, automobile insurance and public liability insurance with an insurance carrier satisfactory to Owner, which insurance shall include protection against claims arising from personal injury, including death resulting therefrom, and damage to property resulting from any actual occurrence arising out of the performance of this Agreement. The amounts of .insurance shall not be less than the following; Single limit coverage applying to bodily and personal injury, including death resulting herefrom, and property damage or a combination thereof in an amount not less than $1,000,000. The following endorsements must be attached to the policy or policies: (1) If the insurance policy covers on an "accident basis, it must be changed to "occurrence".. (2) The policy must cover personal injury as well as bodily injury: (3) Broad form property damage liability must be afforded. (4) The City of San Luis Obispo and the County of San Luis Obispo, its officers, employees, and agents, shall be named insured under the policy and the policy shall stipulate that the insurance will operate as primary insurance and that no other insurance effected by the Owner will be called upon to contribute to a loss hereunder. (5) Contractual liability either on a blanket basis or by identifying this Agreement within a contractual liability endorsement. 5 C O (6) "Cross- liability" such that each insured is covered as if seperate policies had been issued to each insured. (7) Owener shall be given 30 days notice prior to cancellation or reduction in coverage of the insurance. b. Workers' Compensation Insurance: In accordance with the provisions of Section 3700 of the Labor Code, Consultant shall be insured against liability for Workers' Compensation or undertake self - insurance. Consultant agrees to comply with such provisions before commencing performance of any work under this Agreement. C. Certificates of Insurance: Consultant shall submit to Owner all Certificates of Insurance evidencing that consultant has the insurance required by this Agreement within ten (10) days after receipt of "Notice of Award ". Said certificates shall state Project Number and that the policy shall not be assigned, cancelled, or reduced in coverage without thirty (30) days written notice to Owner, and that such insurance not relieve or decrease the extent to which Consultant may be held responsible for payment of damages resulting from service or operation performed pursuant to this Agreement. Consultant shall not perform any work under this Agreement until he has obtained the required insurance and until the required certificates of insurance have been submitted to the Owner and a "Notice to Proceed" is issued by the Project Coordinator. If Consultant fails or refuses to furnish Owner required proof that insurance has been procured and is in force and paid for, Owner shall have the right at Owner's election to forthwith terminate this Agreement. ARTICLE 13. COMMUNICATIONS: Cortmunications between the parties to this Agreement may be sent to the following addresses: OWNER: Department of General Services County Government Center, Room 460 San Luis Obispo, California 93408 Attn: Kenneth L. Wattelet, Project Coordinator CONSULTANT: Pacific Geoscience, Inc. 396 Buckley Road San Luis Obispo, CA' 93401 - Attn: Dennis C. Shallenberger 11 C- O ACCEPTED AND AGREED ON THE DATE FIRST MENTIONED ABOVE. ATTEST: FRANCIS M. COONEY Clerk of e Board of upervisors APPROVED AS TO FORM AND LEGAL EFFECT: JAMES B. LINDHOLM, JR. County Counsel By:- Deputy oun y oun Date: ( ydi/ . /( —fi g '7 COUNTY OF SAN LUIS OBISPO By: CARL HYSEN Chairman of the Board of upervisors Authorized by the Board of Supervisors on this �b�'� day of©C�Q__, 1987. CONSULTANT: PACIFIC GEOSCIENCE, INC. By: , Title: i o / y Address) Cl CORPORATE CERTIFICATE I, -, certify that I am the Secretary of the Corporation named as Consultant 55 a foregoing Agreement; that who signed said Agreement on behalf of the Consultant, was then of said Corporation; that said Agreement was - m y signed or an in e a o said corporation by authority of its governing body and is within the scope of its corporate powers. (Corporate Seal) Secre ary C) C) ACCEPTED AND AGREED ON THE DATE FIRST MENTIONED ABOVE. ATTESTS F) ( )'vr My- Clei c PAM voGtg APPROVED AS TO FORM AN EGAL EFFECT: ROGER PICQUET City Attoro y ) _� By: Date: CITY OF SAN LAI..S OBISPO By: Authorized by the City Council on this 29th day of September. 1981. CONSULTANT: PACIFIC GEOSCIENCE, INC. By:, Title: �cci ( us ess ress s p 34/0/ CORPORATE CERTIFICATE L, certify that I am the Secjretary of the Corporation name as Consultant in a foregoing Agreement; that who signed said Agreement on behalf of the Consultant, was then of said Corporation; that said. Agreement was Wy signed or an in behalf of said corporation by authority of its governing bod and is within the scope of its corporate powers. (Corporate Seal) IM, (Secretary) G EXHIBIT "A" - SCOPE OF SERVICES CONTINUOUS SPECIAL INSPECTION, SAMPLING AND TESTING Upon issuance of a Notice to Proceed, the consultant testing laboratory shall perform all special (continuous) inspection and testing services as required by the plans and specifications for the City /County Library Facility described herein. It is desirous that the inspectors responsible for continuous concrete and .masonry inspection meet the qualifications as required by I.C.B.O. and inspectors responsible for steel fabrication and welding inspection meet qualifications established by the American Welding Society. All specimens and samples for testing, unless otherwise provided for in the contract documents, shall be taken by the testing laboratory. The testing laboratory shall be notified a minimum of 48 hours in advance by the County Resident Inspector of all tests as required by the contract specifications. All deliveries of specimens and samples to the testing laboratory are to be performed by the testing laboratory. Test reports shall be forwarded to the County Resident inspector, the County Project Coordffi -itor, the Architect and the Contractor. The General Contractor for the project will provide a secured area within the temporary job office for exclusive use of the resident and special inspectors. This space is to be provided throughout the time inspection will be required. The continuous special inspection, sampling and laboratory testing is to insure that the building construction conforms to the plans, specifications and applicable codes and that the foundation construction conforms to the geotechnical recommendations contained in the owners soils engineering investigation report as prepared by Pacific Geoscience, Inc. INSPECTION REQUIREMENTS 1. Shaft Drilling: Provide continuous professional observation of all shaft drilling for cast -in -place piles. 2. Pile Reinforcement: The inspector responsible for the continuous inspection. of cast -in -place concrete shall inspect all reinforcement prior to installation within pile shafts. 9 3. Cast -In -Place Concrete Piles: Provide continuous inspection of all cast -in -place concrete piles. 4. Steel Reinforcement: Provide continuous inspection of all field welding of reinforcement steel. 5. Concrete Reinforcement,: Inspect all placement of steel reinforcement prior to placement of concrete. 6. Cast -In -Place Concrete: Provide continuous inspection during the placement of all cast -in -place concrete to insure that foundation construction conforms to the geotechnical recommendations of the preliminary soils investigation report. 7. Unit Masonry: Continuous inspection of masonry construction shall be.provided as required by the drawings and specifications. 8. Welding: Provide continuous special inspection of all field welding. Provide one hundred percent (100x) ultrasonic testing of all complete penetration bevel groove and butt shop and field welds occurring at steel beam to column moment connections. Testing shall be performed using 70 degree search angles across the full volume of the weld. Deficient welds shall have all rejected materials removed and replaced in conformance with AWS requirements. 9. Steel _Stud_ and Deck Welding: Provide continuous inspection during all steel stud and deck welding. 10. Stud Welding Testing: The inspector responsible for continuous inspection of all welding shall perform at the beginning of each day's work, a minimum of two stud weld tests. The tested studs shall be subject to a 30 degree bend test by striking them with a heavy hammer. After the above test, the weld section shall not exhibit any tearing out or cracking. Two successful consecutive tests shall be completed prior to proceeding with any further steel stud welding. 10 o 11. High Strength Bolting: Provide continuous '`special inspection for all High Strength Bolting during installation. Provide field test as described within the AISC Specification for "Structural Joints Using ASTM A325 or A490 Bolts ". 12. Clearing_and_Grubbing: Inspect and approve grubbing operations. 13. Earthwork: Inspect and approve fill materials for suitability for intended locations, for method of placing and for compaction. TESTING 1. Structural Steel: Test of High strength bolts: Select a minimum of two (2) specimens from each lot for laboratory testing. Test in conformance with ASTM 490 for proof load, ultimate load and hardness. Any specimens failing to meet the requirements of the specified test will require doubling the number of samples tested. 2. Cast -In Place Piles: - A. Compressive_ Test: The special inspector responsible for the continuous inspection during the placement of 'all cast -in -place concrete shall prepare a minimum of three (3) test cylinders for each day's pour and design of concrete. Field -core cylinders, laboratory test for determination of the ultimate compressive strength characteristics at the rate of one (1) seven -day (7) test and two (2) twenty- eight -day (28) tests. B. Slump Test: The special inspector shall perform slump tests, once at the initial start of the pour and during the preparation of all test cylinders. 3. Reinforcing Steel: Tensile and Bend Test: Field- .sample reinforcement. One (1) tensile and one (1) bending test shall be made for each 25 tons or fraction thereof of each size of reinforcement, if steel is properly identified by mill test reports and each size and lot; otherwise, one (1) tensile and (1) bending test shall be made for each five (5) tons or fraction thereof of each size of reinforcement of each lot. 11 4. Cast In Place Concrete: A. Compressive Test: The special inspector responsible for the continuous inspection during the placement of all cast -in -place concrete shall prepare a minimum of three (3) test cylinders for each day's pour and design of concrete. Field -core cylinders, laboratory test for determination of the ultimate compressive strength characteristics at the rate of one (1) seven -day test and two (2) twenty- eight -day tests. B. Slump Test: The special inspector shall perform slump tests, once at the initial start of the pour and during the preparation of all test cylinders. 5. Concrete Unit Masonry: A. Mortar Tests: Prepare three cylinders at the start of each day's work for the first three days and on "each third day thereafter. B. Grout Test.: Testing services necessary to prepare grout prisms per the schedule and reporting requirements of Section 3.078 of the Specifications. 6. Earthwork: A. Fill_ Soils Engineer to approve all fill material. B. Import Material: Soils Engineer to approve all import material prior to its delivery to the site. C. Relative Density Tests: Field tests performed in accordance with ASTM D1557 -78, Method C; ASTM D- 2922 -78; and ASTM D- 3017 -78., with reference to the maximum dry density determined by laboratory tests in accordance with the modified AASHO Test for compaction at the following locations: 12 O EXHIBIT "B" - PAYMENT SCHEDULE Owner will pay Consultant a fixed fee not to .exceed to $27,725.00 for work contracted for in this Agreement when completed and accepted by the Owner, based upon the following unit prices: (Quantities are estimates only and may vary.) 3.1 Shaft Drilling Continuous Inspection by a Registered Geologist 28 -40 hrs @ $52. /hr. $19456.00 -$ 2,080.00 3.2 Pile Reinforcement Inspection and Sampling 2 hrs @ $42. /hr. $ 84.00 Tensile Tests 3 @ $17. /ea., $ 51.00 Bend Tests 3 @ $14. /ea. $ 42.00 3.3 Cast -in -Place Concrete Piles Continuous Inspection of Concrete Placement, including slump tests and preparation of cylinders 20 -30 hrs @$42. /hr. $ 840.00 -$ 1,260.00 Compression Testing of Concrete Cylinders 15 @ $12. /ea. $ 180.00 3.4 Steel Reinforcement Continuous Inspection of Field Welding 4 hrs @ $42. /hr. $ 168.00 14 C � 3.5 Concrete Reinforcement Inspection and Sampling 8 hrs @ $42. /hr. Tensile.Tests 5 @ $17. /ea. Bend Tests 5 @ $14. /ea. 3.6 Cast-in -Place Concrete (including decking) Continuous Inspection of Concrete Placement, including slump tests and preparation of cylinders 42 -50 hrs. @ $42. /hr. Compression Testing of Concrete Cylinders 24 @ $12. /ea. 3.7 Unit.Masonry Continuous Inspection of Masonry Construction., including preparation of mortar cylinders and grout prisms Compression Testing of Mortar Cylinders Compression Testing of Group Prisms 3.8 Welding Continuous Inspection of Field $ 336.00 $ 85.00 $ 70.00 $1,764.00 -$ 29100.00 $ 288.00 None Expected None Expected None. Expected Welding 148 -240 hrs @ $42. /hr. $60216.00- $10,080.00 Ultrasonic Testing 10 -16 hrs @ $50. /hr. $ 500.00=$ 800.00 Shop Inspection 34 -52 hrs @ $42. /hr. $1,428.00 -$ 2;184.00 15 i Aggregate Base Under Concrete Pavement Soils Under Sidewalks and Flatwork 4 hrs @ $38. /hr. 6 hrs @ $38. /hr. Aggregate Base under Asphaltic Concrete Pavement 4 hrs @ $38. /hr. Soils Under Exterior Slabs -on- Grade 10 hrs @ $38. /hr. Other Site and Imported Fill Soils 4 hrs @ $38. /hr. Soils Under Asphaltic Concrete Base 2 hrs @ $38. /hr. Trench Backfills 12 hrs @ $38.hr. Approval of Compaction Operations by Soils Engineer 2 hrs @ $60. /fir. Optimum Moisture - Density Tests 5 -6 @ $100. /ea. TOTAL.................... ............................... ADDITIONAL SERVICES (Ref. Article 5 of this Agreement) Based upon the above unit price schedule. $ 152.00 $ 228.00 $ 152.00 $ 380.00 $ 152.00 $ 76.00 $ 456.00 $ 120.00 $ 500.00 -$ 600.00 $19,897.- $27,725.00 Direct charges for additional services (communication, printing, reproduction, equipment and rentals) are invoiced at cost. 17 Irl 3.9 Steel Stud and Deck Welding Continuous Welding Inspection 42 -64 hrs @ $42. /hr. $1,164.00 -$ 29688.00 3.10 Stud Weld Testing Bend Tests on Stud Welds 3 hrs @ $42. /hr. $ 125.00 3.11 High Strength Bolting Continuous Inspection and Field Testing 30 -42 hrs @ $42. /hr. $1,260.00 -$ 19764.00 Proof Loading Testing 10 @ $22.50/ea. $ 225.00 Ultimate Load Testing 10 @ $22.50/ea. $ 225.00 Hardness Testing 10 @ $22.50/ea. $ 225.00 3.12 Clearing and Grubbing Inspect and Approve Grubbing Operations 2 hrs @ $38. /hr. $ 76.00 3.13 Earthwork Approval of Fill and Import Material by Soils Engineer 2 hrs @ $60. /hr. $ 120.00 Relative Density Tests: Imported Soil Under Building Pads 4 hrs @ $38. /hr. $ 152.00 Irl BILLING Billing for services of this agreement shall be monthly. cjt /8459p 11 -17 18 • M EXHIBIT "C" - SUBCONSULTANT LIST NAME (Firm) ADDRESS RESPONSIBLE INDIVIDUAL: PHONE PROJECT: RESPONSIBILITY: NAME (Firm) ADDRESS RESPONSIBLE INDIVIDUAL: PHONE PROJECT RESPONSIBILITY: NAME (Firm) ADDRESS RESPONSIBLE INDIVIDUAL: PHONE PROJECT RESPONSIBILITY: NAME (Firm) ADDRESS RESPONSIBLE INDIVIDUAL: PHONE PROJECT RESPONSIBILITY: NAME (Firm) ADDRESS RESPONSIBLE INDIVIDUAL: PHONE PROJECT RESPONSIBILITY: cjt /8459p 10 -2 19 RESOLUTION NO. 6335 (1987 Series) A, RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT 'WITH THE CITY AND COUNTY OF SAN LUIS OBISPO AND BTC LABORATORIES FOR PERIODIC INSPECTION OF CITY - COUNTY LIBRARY AT 955 PALM STREET WHEREAS, the City,and County have authorized construction of a new City - County Library at 955 .Palm Street; and WHEREAS, the Joint Powers Agreement for the City- County Library requires approval of contracts by both the City and County of San Luis Obispo; and WHEREAS, periodic monitoring of construction activities is necessary to ensure its proper construction; and WHEREAS, the County is responsible for contract administration and has selected a firm to provide these services; NOW, THEREFORE, BE IT RESOLVED as follows: SECTION 1. The certain agreement attached hereto marked Exhibit 'Al and incorporated herein by reference approving an agreement between the City and County and BTC Services 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, Consultant's Agreement to the County General Services Department, the City Engineer and BTC Laboratories. On Motion of Councilman Settle ., seconded by Councilwoman Rappa, and on the following roll call vote: AYES: Councilmembers Settle, Rappa, Dovey., Griffin and Mayor Dunin NOES: None ABSENT:.None the foregoing resolution was passed and adopted this 29th day Of September 1987. - -- -- -- - ATTES CITY .LERk PAM VO MAYOR RON DUNIN R6335 Resolution No. 6335 (1987 Series) Page Two. APPROVED: City Administrative Officer finance Director City Engineer ch5 /lbrycont 0 r�YX1r10E co 1nk�j Dr, (Kul /��C���� C►Gt fert�%�� CONSULTANT SERVICES AGREEMENT PERIODIC (RESIDENT) INSPECTION SERVICES This Agreement, made this_ day of _, 1987, by and between the County of San Luis Obispo., hereinafter referred to as "County ", and the City of San Luis Obispo, hereinafter referred to as "City ", hereinafter jointly referred to as "Owner" and BTC Laboratories, Inc., (corporation) hereinafter referred to as "Consultant ". WITNESSETH: That for and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: ARTICLE 1. AUTHORIZATION: a. Scope: Consultant will provide the following periodic (resident) inspection services as described herein and under the Exhibits of this Agreement for the County project hereinafter described: City /County Library Facility, Project No. P2268. b. The following exhibits are attached hereto and incorporated herein by reference as though here fully set forth. EXHIBIT "A SCOPE OF SERVICES EXHIBIT 9' - PAYMENT SCHEDULE EXHIBIT "C" - SUBCONSULTANT LIST ARTICLE 2. RESPONSIBILITIES OF CONSULTANT: a. Consultant's Services: Insofar as they may be applicable to the project contemplated by this Agreement, Consultant shall render the services and furnish the phases of work as described in Exhibits of this agreement, commencing with receipt of a written "Notice to Proceed" signed by the Project Coordinator. b. Coordination: In the performance of Consultant's service under this Agreement, Consultant agrees that he will maintain such coordination with City and County officials as may be requested and desirable, including primary coordination with the Project Coordinator in the County Department of General Services, and also with the City Project Manager. RN MINT "A" c. Status: Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor, and in no event shall any of its personnel or sub - contractors be construed to be an employee of Owner. d. Contract Personnel: The work to be done pursuant to this Agreement shall be done by James Jones, Conditionally Certified OSHPD Construction Inspector, and such other personnel in the employ or under the supervision of Consultant who shall be approved by the Owner. The official of Owner who shall be vested with the right of approval of such additional personnel or outside contracting parties shall be the Director of General Services of County. The Owner reserves the right to reject any of the Consultant's personnel or proposed outside consultants, and the Owner reserves the right to request that acceptable replacement personnel be assigned to the project. Consultant shall provide a list (Exhibit "'V) of all other Consultants or outside contracting parties. e. Covenant Against Contingent Fees: Consultant warrants that he had not employed or retained any company or person, other that a bona fide employee working solely for him, to solicit or secure the Agreement, and that he has not paid or agreed to pay any company or person; -other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent on or resulting from the award of making of this Agreement. For breach or violation of this warranty, the Owner shall have the right to annul this Agreement without liability, or in its discretion, to deduct from the contract price or consideration or otherwise recover, the full amount of such fee, commission, percentage fee., gift, or contingency. f. Non - Discrimination: Consultant shall comply with the provisions of Presidential Executive Order No. 11246 of September 24, 1965, and all other orders, regulations and laws governing non - discrimination in employment, including in particular, Section 122(a) of the State and Local Fiscal Assistance Act of 1972. ARTICLE 3. RESPONSIBILITIES OF THE OWNER: a. Services: The Owner shall cooperate with Consultant on all phases of the work covered by this Agreement and will make available to him, upon request, any allowable data in possession of the Owner pertinent to this agreement. The Owner shall also be responsible for providing such staff assistance as is required in the Exhibits of this Agreement. 2 b. Coordination: The Project Coordinator will establish the lines of communication /authority between Consultant and Owner. C. Conflicts Of Interest: No member, office, or employee of the Owner during his tenure, or for one year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. ARTICLE 4. FEE AND_ PROVISION FOR PAYMENT: Owner will pay Consultant a fee not to exceed Forty Four Thousand One Hundred Sixty Dollars ($44,160.00) for work contracted in this Agreement and billed for based on Payment Schedule Exhibit "B ". Consultant shall be paid no later than thirty (30) days following receipt by the Owner of Consultant's progress report and invoice. ARTICLE 5. CHANGE TO CONSULTANT SERVICES: a. Authorization: Changes to Consultant's services and payment schedule shall be authorized in advance by the Project Coordinator and approved by the General Services Director, the City Project Manager and the City Finance Director. b. Consultant's Request for Change: Consultant shall provide necessary documentation for proposed change ,in scope of services prior to authorization by the Owner, unless it is in an emergency condition, in which case documentation shall be submitted as soon as possible after the fact. C. Payment Request: Claims for extra work must be submitted by Consultant within 30 days of completion and acceptance of such work, and must be accompanied by a statement of itemized costs covering said work. d. Payment: Any additional service billings shall be based on the additional services fee schedule contained in Exhibit "B ". Consultant shall be paid no later than thirty (30) days following receipt and approval by the Project Coordinator of Consultant's claim. If not approved, Consultant will be promptly notified of any deficiency. ARTICLE 6. TIME OF COMPLETION: Consultant agrees to diligently pursue his work under this Agreement and to complete the work as described in the Exhibits of this Agreement in accordance with general accepted practices consistent with the standards of the profession upon receipt of the "Notice to Proceed ". Consultant shall not be 3 O 10 responsible for any delay which is caused by action or inaction of the Owner, any government Agency, the Contractor or acts of God, but shall be responsible for his own fault or negligence of that of any Consultants of his. ARTICLE 7. SUSPENSION OR TERMINATION OF AGREEMENT: This Agreement may be suspended or terminated, in whole or in part, at any time prior to the date of completion i'n accordance with the following: a. Suspension of Agreement: If the Consultant fails to comply with the conditions of the Agreement, the Owner may, by .written notice of the Director of General Services suspend the Agreement and withhold further payments pending corrective action by the Consultant or a decision to terminate the Agreement. After receipt of notice of suspension, the Consultant may not incur additional obligations of Agreement funds during the suspension unless specifically authorized by the Director of General Services. b. Termination for Convenience: Either party hereto shall have the right to terminate this Agreement upon giving 10 -day written notice of such termination to the other party. In the event of the termination of this project in its entirety, notwithstanding any other 'fee provision of this Agreement, Consultant shall be entitled to the reasonable value of completed services prior to '-'Notice of Termination °, but not more than the contract price of Article 4 above. ARTICLE 8. INDEMNITY CLAUSE: Consultant shall defend; indemnify, and save harmless the City of San Luis Obispo and the County of San Luis Obispo, its officers, agents and employees from any and all claims, demands, damages, costs, expense., or liability arising out of this Agreement or occasioned by the negligent performance or attempted negligent performance of'the provision hereof, including, but not limited to, any negligent act or omission to act on the part of Consultant or his agents or employees or independent contractors directly responsible to him, except that the above shall not apply to the sole negligence or willful misconduct of the Owner or the Owner's agents, servants or independent contractors who are directly responsible to Owner. This indemnification provision shall apply even if there is concurrent or, joint negligence of indemnitor and indemnitee, and even if there is active or passive negligence by either or both parties. n W ARTICLE 9. OWNERSHIP.OF.DATA: The ownership of all data collected for use by Consultant under this Agreement, together with working papers, drawings, and other material necessary to complete the services as required by this Agreement shall be vested in the Owner. Ownership of original documents shall be vested in the Owner. Owner can request any of the aforementioned documents at any reasonable time during the terms of this agreement at no cost to the Owner. Consultant may retain a copy of all work for his own use. ARTICLE 10. MODIFICATION OF AGREEMENT: This Agreement may be modified only by written change order signed by all parties hereto. ARTICLE 11. LAW GOVERNING: This Agreement shall be governed by the law of the State of California. ARTICLE 12. INSURANCE: a. Auto and Public Liability Insurance: Consultant shall also maintain in full force and effect for the duration of this Agreement, automobile insurance and public liability insurance with an insurance carrier satisfactory to Owner, which insurance shall include protection against claims arising from personal injury, including death resulting therefrom, and damage to property resulting from any actual occurrence arising out of the performance of this Agreement. The amounts of insurance shall not be less than the following; Single limit coverage applying to bodily and personal injury, including death resulting herefrom, and property damage or a combination thereof in an amount not less than $1,000,000. The following endorsements must be attached to the policy or policies: (1) If the insurance policy covers on an "accident" basis, it must be changed to "occurrence ". (2) The policy must cover personal injury as well as bodily injury. (3) Broad form property damage liability must be afforded. (4) The City of San Luis Obispo and the County of San Luis Obispo, its officers, employees, and agents, shall be named insured under the policy and the policy shall stipulate that the insurance will operate as primary insurance and that no other insurance effected by the Owner will be called upon to contribute to a loss hereunder. 5 (5) Contractual liability either on a blanket basis or by identifying this Agreement within a contractual liability endorsement. (6) "Cross - liability" such that each insured is covered as if seperate policies had been issued to each insured. (7) Owener shall be given 30 days notice prior to cancellation or reduction in coverage of the insurance. b. Workers' Compensation Insurance: In accordance with.the provisions of Section 3700 of the Labor Code, Consultant shall be insured against liability for Workers' Compensation or undertake self- insurance. Consultant agrees to comply with such provisions before commencing performance of any work under this Agreement. C. Certificates of Insurance: Consultant shall submit to Owner all Certificates of Insurance evidencing that consultant has the insurance required by this Agreement within ten (10) days after receipt of "Notice of Award ". Said certificates shall state Project Number and that the policy shall not be assigned, cancelled, or reduced in coverage without thirty (30) days written notice to Owner, and that such insurance not relieve or decrease the extent to which Consultant may be held responsible for payment of damages resulting from service or operation performed pursuant to this Agreement. Consultant shall not perform any work under this Agreement until he has obtained the required insurance and until the required certificates of insurance have been submitted to the Owner and a "Notice to Proceed" is issued by the Project Coordinator. If Consultant fails or refuses to furnish Owner required proof that insurance has been procured and is in force and paid for, Owner shall have the right at Owner's election to forthwith terminate this Agreement. ARTICLE 13. COMMUNICATIONS: Communications between the parties to this Agreement may be sent to the following addresses: OWNER: Department of General Services County Government Center, Room 460 San Luis Obispo, California 93408 Attn: Kenneth L. Wattelet, Project Coordinator CONSULTANT: BTC Laboratories, Inc. 2978 Seaborg Avenue Ventura, CA. 93003 Attn: Tom Williams (805)656 -6074 T C! v ACCEPTED AND AGREED ON THE DATE FIRST MENTIONED ABOVE. ATTEST: FRANCIS M. COONEY Clerk of the Board of Supervisors APPROVED AS TO FORM AND LEGAL EFFECT: JAMES B., LINDHOL_M, JR. County Counsel By: ` IP�N7Z, Deputy County Gouhs I Date: COUNTY OF SAN LUIS OBISPO CARL HYSEN By: Chairman-of the Board of upervisors Authorized by the Board of Supervisors on this �tll — day of , 1987. CON am Tit ( usiness Address) STC VJ'QRATCR)ES UNC, VENTURA, CALIT ORMA 93003 CORPORATE CERTIFICATE certify that I am the Sec eta y of the Corporation name as -con su tant in _Fie foregoing Agreement; that ?44, iC who signed said Agreement on behalf of the Consultant, was then __ of said Corporation.;. that said Agreement" was my signed for an in�beehaTf�o said corporation by authority of its governing body and is within the scope of its corporate powers. (Corporate Seal) I (Secretary) 7 C 0 ACCEPTED AND AGREED ON THE DATE FIRST MENTIONED ABOVE. r ATTEST: MIYCT►^ k Pam Voges APPROVED AS TO FORM AND LEGAL EFFECT: ROGER PICQUET City Attorney) \\ By: / — i 1, • Date: /• ;�i 7= 7 CITY OF SAN LUIS OBISPO By_ on Dunin Author iz d by the C*t Council on this At day of 1987. CONSULTANT: BTC LABOR TORTE , INC. By: Title: (Business Address) /t, b E A .. T pia A E ,I VENTURA, CALIFORNIA 93003 CORPORATE CERTIFICATE I, ( ! ?:4ti4Z/j certify that I am the Sec etary o� the Corporation name as Consultant in the foregoing Agreement; that �- Z, ' K who signed said Agreement on behalf of the Consu:Ttant, was then of said Corporation; that said greement was duly signed or an in be halt o said corporation by authority of its governing body and is within the scope of its corporate powers. (Corporate Seal) Secretary - EXHIBIT "A "- SCOPE OF SERVICES RESIDENT (PERIODIC FIELD) INSPECTION Upon issuance of a Notice to Proceed, the Consultant Resident Inspector- will be responsible for the general Field Inspection as described herein. This project is funded in part by the State Library of the State of California, and therefore subject to their review and approval. Inspection Requirements: The resident inspector is to provide the following Periodic Field inspection activities: 1. Maintain accurate, orderly and complete records /reports on daily basis. A. Provide a written construction progress reports - submit weekly. B. Job log - submit end of project or on request. C. Discrepancy /problem report - submit daily, if required.. 2. Perform these inspection services on a prompt and expeditious basis. A. Review shop.drawings and other required submittals. Forward promptly to Architect. B. Review materials, supplies and equipment for specification compliance. C. Daily truck counts and material quantities as delivered. D. Strict enforcement on job plans and specification for compliance with all regulations. 3. Monitor project progress schedules. 4. Monitor all contractor required tests not performed by Testing Lab. 5. Notify Testing Laboratory of sampling and testing as required. Schedule sampling and testing with Contractor. 6. Maintain liaison between site activities and the. City Inspectors, Project Coordinator, the Architects,_ and State Library representatives and other officials as necessary. 7. Inspection of supplies and equipment for specification compliance. 8. Review and monitor contractor's construction methods,_ procedures and sequence of construction for adherence to schedules. 9. Maintain daily general surveillance and control during construction, including: A. Monitor contractor's field surveys, etc. as required. B. Monitor contractor's public safety and convenience procedures. C. Monitor plans and specifications for errors and omissions. 10. Maintain accurate and complete records and reports: A. Log project progress and status. W B. Report special conditions and events including tests to be performed by contractor. C. Log important requests and notifications. D. Maintain orderly filing system. E. Maintain "As- Built" set of contract drawings and specifications. Coordinate updating as -built documents with Contractor. 11. Provide daily and weekly logs of all equipment, manpower and project progress to be presented to Owner as Job Diaries. 12. Attend all applicable project meetings. 13. Monitor safety and public convenience procedures. 14. Provide an average of twenty (20) hours per week of periodic inspection to adequately monitor operations and insure proper compliance with all plans and specifications and other requirements established by the City, the Architect, Handicap Compliance, CAL OSHA, State Library and the State Fire Marshall. 15. Review and approve contractor's monthly payment request. 16. Upon completion of project, aid the Project Coord.inator, the Architect and the State Library Inspector with the development of a contractor's punch list. 17. Provide Owner with Resident - Inspector's executed "As- Built" plans and specifications documenting "As- Built" conditions. Job Office: The construction contract requires the contractor to provide a 100 square foo secured area within the temporary job office for exclusive use of the resident inspector. This space is to be provided by contractor throughout the period of construction. The inspector will be responsible for providing his own telephone service. Authority: The Inspector shall be under the direction of the Owner's Project oor ina or. If any questions of interpretation arises, or if there is a disagreement on a technical matter between the inspector and the contractor, or if there appears to be any possibility of error or deviation from accepted construction practice that is noticed by the inspector, it will immediately be brought to the attention of the Project Coordinator for action. In addition, any interpretations regarding the working drawing and specifications shall be brought to the attention of the architect for review. 1. Inspector has the authority to order the contractor to stop his operation. 2. Inspector does not have the authority to approve deviations from the contract requirements. 3. Inspector shall not require the contractor to furnish more than that required by the plans and specifications. 10 0 Q 4. Inspector shall not direct the contractors work. 5. Inspector shall provide instructions only to the contractor's superintendent or foreman, not to his workmen, nor his subcontractors. Responsibility: The Inspector shall exercise this authority on behalf of the owner so tat t e means, methods, techniques, sequences, or procedures of construction will result in a project substantially in accordance with the requirements of the contract documents. mke /8045w/M #1 10 -23 11 EXHIBIT "B" - PAYMENT SCHEDULE 1. Provision for Payment: Owner will pay consultant an hourly fee that is not to exceed b44,160.00 for work contracted for in this Agreement based on the following: A. Inspection services shall be compensated on actual time worked (averaging 20 hours per week) at the rate of $34.50 per hour for periodic resident inspection services. B. Advance written approval by the Project Coordinator is required prior to overtime work (any work exceeding 40 hours in a single week). C. The Project Coordinator shall be notified in writing of all work extending beyond the estimated construction period of 61 weeks. 2. Additional services (per Article 5 of this agreement) shall be based on the above hourly rate schedule. 3. Billing for services of this agreement shall be monthly. 12 U EXHIBIT "Cu - SUBCONSULTANT LIST NAME (Firm) ADDRESS RESPONSIBLE INDIVIDUAL: PHONE PROJECT: RESPONSIBILITY: NAME (Firm) ADDRESS RESPONSIBLE INDIVIDUAL: PHONE PROJECT RESPONSIBILITY: NAME (Firm) , ADDRESS RESPONSIBLE INDIVIDUAL: PHONE PROJECT RESPONSIBILITY: NAME (Firm) ADDRESS RESPONSIBLE INDIVIDUAL: PROJECT RESPONSIBILITY: NAME (Firm) ADDRESS RESPONSIBLE INDIVIDUAL: PROJECT RESPONSIBILITY: 8045w /mke /M #1 10 -23 lZ PHONE PHONE RESOLUTION N0.6334 (1987 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE CITY ADMINISTRATIVE OFFICER TO SIGN A CONTRACT WITH RICHMOND, ROSSI & MONTGOMERY FOR THE COMPLETION OF SCHEMATIC DESIGN AND 60% OF FINAL DESIGN FOR 'A= ° REGIONAL FIRE TRAINING FACILITY s WHEREAS, .6n • September: 21,',,1987, ;the Council, autl?brized ,.the Fire- 'Chief- to negotiate a contract between the City and professional architectural services for the schemic and 60% final design of a fire training facility, and WHEREAS, Richmond, Rossi and Montgomery (RRM) is an architectural firm qualified to do this work, and WHEREAS, The City has followed established procedures for contracting for professional services, NOW THEREFORE BE IT RESOLVED that the Council hereby authorizes the City Administrative Officer to sign the contract with Richmond, Rossi and Montgomery (RRM) and the Fire Chief to negotiate and approve each work task to be performed by Richmond, Rossi and Montgomcry (R_RM) under the terms and conditions of the Contract. On motion of Councilman_Settle_ seconded by Councilman Griffin and on the following roll call vote: AYES: Councilmembers Settle; Gfriffiu, Dovey, Rappa and Mayor Dunin NOES: None ABSENT: None v21 -(22) R -6334 C the foregoing Resolution was passed and adopted this 21st day of September 1987. MAYOR RON DUNIN ATTEST: i; 1 CITY CLERK PAM VOGES CONCURRENCES: ,ty A inistrative Officer /,/,o zQ nance Director -per Fire Chief v21 -(22) cr K2 fn C� O R K \9 D L S I G N G KO U 1' August 12, 1987 City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Attention: Michael P. Dolder, Fire Chief Re: Proposal for Architectural Services for Schematic Design and Final. Design for the San Luis Obispo Fire Training Facility Dear Chief . Dolder: We are pleased to submit this proposal for architectural services for the San Luis Obispo /Cal Poly Regional Training Facility. The fee proposal is divided into two phases. The first is for completion on the Schematic Design Phase and one -half of the Final Design Phase (Final Design Phase A) and the other is for the completion of the Final Design Phase (Final Design Phase B). We do not have a fee proposal at this time for bidding or construction administration, as this will be negotiated at a later date upon completion of the Final Design Phase. As the City of San Luis Obispo has been successful in securing a site for the Fire Training Facil -ity at Cal Poly, at the same time there is increased cost both in our fees, as well as construction costs. However, we believe it will be easier to approach the surrounding cities, County and State for joint funding on this project because of both increase in site area and increase in possibilities of use. The increase in fees primarily has to do with the increase in site area from 1.7 acres to 6 acres, as well as an access road from the main California Men's Colony road to the Fire Training Facility site. In addition, most of the fees which were allocated for the Schematic Design Phase were used for negotiations and conceptual drawings in order to secure this land from Cal Poly. As we discussed at our meeting last week, the State has flown the site for topographical information. It is my understanding that the topo information still has to be plotted and reconfirmed in the field. Our proposal has been adjusted to reflect the plotting and reconfirmation as part of the Schematic Design services based on the State topo. Fire Chief Dolder Page 2 I have outlined our scope of work as follows: I. PHASE I - SCOPE OF WORK August 12, 1987 Our fee proposal includes the schematic design and final design for the following buildings and improvements. Our fees are based on the conceptual site plan and programming study prepared by this office. Development of new alternative site plan or study will be considered as additional services and could affect the fees quoted below. A. Fire Tower Buildi 1. This will be poured -in -place concrete walls, floors, stairs and roof of four stories with a partial fifth story penthouse simulation, also with a basement. The plan will be approximately 35' x 35'. 2. Fans to distribute smoke from floor to floor from a separate smoke container on the first floor. Each floor would receive smoke independent from the other floors. Fans can intake or exhaust smoke - filled rooms also. 3. Simulated window and door openings using a sliding stainless steel plate mounted on a top and bottom track to simulate a horizontal sliding glass window or door. 4. Automatic sprinklers at first floor only and a Class I Type dry stand pipe system, with 2 -1/2" outlets on each floor within the stairwell landing, with valves at each head. 5. Water drainage system from each floor to an exterior ponding area with a separator. 6. 40' concrete apron around three (3) sides of the Tower. Constructed to support the 45,000 pound ladder trucks. 7. Electrical service for lights:, receptacles and a possible sump -pump. 8. Use a typical curb, gutter and sidewalk on one side of the tower. 9. Manhole adjacent to street.scene and will have access into basement. r Fire Chief Dolder Page 3 August 12, 1987 10. Simulated street scene at the curb, gutter and sidewalk which will include mailbox, signs, light poles. 11. Exterior stairs to second floor landing /deck only. 12. Scuttle hole and ladder for access to roof from fourth floor. 13. Roll -up access door approximately 10' x 12' at first level. B. Fire Building 1. One (1) story Type 1 Construction to withstand approximately 2,400 degrees F on the interior walls with access through a pedestrian link to the Fire Tower. 2. Drain system in the floor to an exterior ponding area with a separator. 3. An easily repairable roof that can be built separate from the structure with the possibility of holes which may be through. C. Drafting Pit 1. Poured -in -place concrete to .be installed approximately 9 feet below finish grade with a 9,000 gallon minimum capacity. 2. Concrete apron 10' x 20' on one side, which must support a 25,000 pound fire truck. D. Flammable Liquid Area 1. Drainage must be directed into a ponding area with a separator. 2. A 500 gallon underground tank and an above ground LPG tank with the necessary piping to supply gas to the stationary props. 3. Use a T- shaped concrete pit with curbs. E. Auto Extr-icat -ion Area 1. A gravel area adjoining the flammable liquid site of approximately 80' x 75' over a compacted base.. 2. Stationary props might be used with gas stub outs. n Fire Chief Dolder Page 4 August 12, 1987 F. Training Center Building A metal building shell, slab on grade, finished to ,house the items in the Fire Training Facility Programming Study. Our proposal includes Schematic Design Phase services; Final Design Services are excluded. G. CDF Fire Station A conceptual building area of 3,900 square feet will be shown in the Schematic Design Phase of this project. This will be a conceptual elevation study and will not include a floor plan or drawings for the Final Design Phase. H. Water Storage Tank Based on criteria provided by you, a water storage tank will be constructed on the site to house the necessary water for the Fire Training Facility. I. New Access Road to CMC A 24' wide access road will be constructed between the main CMC road (linking Highway 1 and the CMC) and the Fire Training Facility site. The information from the Fire Training Facility Programming Study is included as the level of items necessary for the Facility. II. PHASE I - SCHEMATIC DESIGN PHASE A. Final definition of all parameters of the site. Select locations for the Fire Tower, Burn Building, Training Center Building, Auto Extrication Area, Flammable Liquid Area, Water Storage Tank, Septic Tank and Leach Field, Ponding Area with separator and the drafting pit. Final layout of floor plans, elevations and sections for the Fire Training Tower and Fire Building, drafting pit and the flammable liquid area. A preliminary grading plan will be completed at this time. B. Includes two joint meetings with Cal Poly, County of San Luis Obispo, and City of San Luis Obispo representatives to review and discuss schematic plans, and technical decisions with regards to the various facilities on site. Consultants would be assembled to review the best systems. Fire. Chief Dolder Page 5 August 12, 1987 C. Presentation for City Council The following items should be shown: 1. Site Plan - Location, name and width of roads and site (including required improvements of access roads). - Existing and proposed public and private easements. - All proposed improvements and existing improvements which will be retained. - Access and circulation for vehicles. - Walls, fences and exterior lighting structures. - Landscaped and outdoor use areas. - Trash enclosures. 2. Building Floor Plans - Use of interior spaces. 3. Elevations - All sides of buildings.. - Materials and colors of all exterior surfaces and features. 4. Landscape Plan - Treatment of all unpaved areas not occupied by structures. - Size, height, and location of existing and proposed plants. Method of irrigation. 5. Sectional Drawings Two sectional views of the project approximately through the middle and at right angles to each other. - Existing and proposed grades. C) Fire Chief Dolder Page 6 August 12, 1987 - Relationship of buildings and paving to the finish grade. 6. Statistics and Other Information - The area of the building site. - The area of the site to be covered by building and impervious surfaces. 7. Site Grading Plan (by Civil Engineer) - Existing and proposed contours and retaining walls (if required). D. Three (3) meetings with the San Luis Obispo Fire Department for finalization of Schematic Design. E. Final evaluation meeting and presentation to the City Council for further funding. F. Cost Estimate - This will be a preliminary cost estimate of the project prepared by RRM. This also includes a study by our Structural Engineer as to the best system for the Fire Training Tower and Fire Building. G. Site topographic survey and boundary survey by the State of California. Survey includes an area photogrammetric mapping of the project site. Additional work needed on survey includes setting benchmarks at proposed building sites, spot elevations at all hard surfaces, with the exception of State Highway 1 frontage, 3 ground profiles through the project site, 1 profile through the centerline of the proposed access road and locate and plot all recorded public utility easements on topographic map. The additional work will be performed by our civil engineering consultant as part of our basic services. This does not include any boundary surveys in the fee. Boundary surveys will be accomplished by the CDF for the agreement between Cal Poly and the City of San Luis Obispo with a legal description for our use. ARCHITECTURE $ 6_,910.00 CIVIL ENGINEERING $ 1.,665.00 (Conceptual Only) TOPOGRAPHICAL SURVEY $ 800:00 TOTAL FOR PHASE I SCHEMATIC DESIGN FRASE $ 9,375.00 Fire Chief Dolder Page 7 August 12, 1987 I. Final Design - Phase A A. Architectural After the City Council approves the schematic design, RRM will begin the Final Design, Phase A drawings and coordinate with mechanical, electrical, civil and structural engineers for their engineering drawings. All the consultants will submit preliminary drawings to RRM for review with you prior to finalizing the Final Design, Phase A drawings. the drawings will include all plans, elevations, section details and specifications necessary to obtain a detailed cost estimate. This cost estimate will be used in our discussions with governmental or private groups in our endeavor to obtain an agreement for participation in this project. B. The consultants (mechanical, electrical, structural, landscape and civil) will provide RRM with preliminary layouts, outline specifications and a cost estimate. This phase will be approximately 60% of the total design phase work. The other item which will be a part of this phase are presentations to joint funding sources such as PG &E, State of California, County of San Luis Obispo, cities within the County of San Luis Obispo, etc.. The color presentation drawings from the schematic design phase will be used for the presentations. If additional presentation drawings are necessary, then additional costs may be incurred at that time. SUBTOTAL FOR PHASE II - $35,980.00 FINAL DESIGN - PHASE A III. Final Design - Phase B It is my understanding Phase B will proceed upon joint funding commitments and approval by the City Council to proceed. The fees which are outlined for Phase B are based upon current outlined.requirements by the City of San Luis Obispo. Any modifications to this during the joint funding discussions will change this fee. Items which are not included in this fee proposal are the following: SUBTOTAL FOR PHASE II - FINAL DESIGN - PHASE B $27,150.00 Fire Chief Dolder Page 8 August 12, 1987 A. Printing and travel costs are reimbursable expenses such as blueprinting, photocopies, telephone, travel, etc. B. Any presentation meetings with the County, State, other governmental agencies or private industry, whether it is outside or inside San Luis Obispo County. Our Exhibit A -1 is attached. Included is our standard office rates, billing procedures and other provisions and conditions. This exhibit is included as part of this proposal. Chief Dolder, we appreciate this opportunity to further assist you in this project. I trust this proposal for architectural services adequately explains the scope of work and fees for the work included herein. If you have any questions regarding this proposal, please contact meat your earliest convenience. If this proposal meets with your approval, it shall be included as part of our A.I.A. contract for our services for Phase I and Phase II of the project. Sincerely, i• • !gym Rober . 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O � Av �Gz � G N q 7 V v N ° r C •O OG i9 4 'C 0 u- oL , °o yi L c '3 m 0 H = 0 c • G RESOLUTION NO.6333 (1987 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING PARKING STRUCTURE FEES WHEREAS, the city has established a program to improve parking downtown; and WHEREAS, one parking structure is under construction at 842 Palm Street and a second structure is planned for construction at 871 Marsh Street; and WHEREAS, collection of fees for parking in the structures.is necessary for supporting the parking program; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows; SECTION 1. Monthly rates for parking structures shall not exceed $40 per month, $.25 per hour or $2 per day. SECTION 2. Fees shall be charged on every day except Sundays. Provided that for good cause and upon a finding that such action will not jeopardize parking revenues as a necessary source of revenue for payment of outstanding bonded indebtedness, the City Administrative Officer may declare times or days when fees in the structures will not be charged. The City Clerk shall furnish a copy of this Resolution to the City Administrative Officer, the Public Works Director and the City Engineer. On motion of Councilwoman Dovey , seconded by Councilman Griffin , and on the following roll call vote: R -6333 AYES: Councilmembers Dovey, Griffin, Rappa, Settle and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 2Lst: day 'fbf September . 1987. YOR RON DUNIN. ATTEST: �,`) L CITY 'CLERK PAM VOCE S if M iF iF iF ii M M M M M M M M N M • APPROVED: City A inistrative Officer City Att Public Works Director City Engineer r J ulo (,,c RESOLUTION NO. 6332 (1987 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO SETTING A FEE IN LIEU OF PROVIDING PARKING FOR THE C -C ZONE WHEREAS, Section 17.42.020 of the San Luis Obispo Municipal Code provides for the option of paying a fee to the City in lieu of providing parking in the CC zone; and WHEREAS, Section 4.30.0zo provides for the City Council to establish by resolution the amount of the parking in -lieu fee for new construction, additions and changes of occupancy in the CC zone; and WHEREAS, the City Council has considered the staff analysis of this fee and the recommendations of the BIA on this matter; and WHEREAS, the Council did hold a public hearing on the fee. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The parking in -lieu fees for the CC zone shall be as follows: A. New Construction. The parking in -lieu fee shall be $4,000.00 per vehicle space required by the zoning regulations and not otherwise provided. B. Additions to existing buildings. The in -.lieu fee shall be $4,000.00 per vehicle space required by the.zoning regulations for the addition and not otherwise provided. C. Change in occupancey requiring additional parking spaces. The in -lieu fee shall be $1,000.00 per vehicle space required by the zoning regulations and not otherwise provided. (The number of spaces required by the change in occupancy shall be the difference between the number required by the new use and the number required by the previous occupancy.) On motion of Councilwoman Rappa , seconded by Mayor Dunin and on the following roll call vote: R -6332 C Q Resolution No. 6332 (1987 Series) Page 2 AYES: Councilwoman.Rappa, Mayor Dunin; Cpuncilmembers Dovey and Settle NOES: Councilman Griffin ABSENT: None the foregoing resolution was passed and adopted this .21st day of September , 1987. • yor RON DUNIN ATTEST., \ i V City dilerk PAm v Es APPROVED: ty A inistrative Officer City At orney F' ance Director Community Development Director ✓ U J �I I RESOLUTION NO. 6331 (1987 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION'S ACTION TO DENY A USE PERMIT FOR A MICRO - BREWERY /PUB AT 1119 GARDEN STREET (A88 -87). WHEREAS, on August 26, 1987, the Planning Commission after a duly noticed public hearing, and after considering public testimony, staff report, and written letters, denied the use permit without prejudice; and WHEREAS, on August 27, 1987, Greg Shipley, co- applicant, did appeal the Planning Commission's action to the City Council, requesting that the use permit for the micro- brewery /pub be approved; and WHEREAS, on September 15, 1987, after a duly noticed public hearing, the City Council did find the following facts and reasons for justifying denial of the appeal and upholding the Planning Commission's action: 1. The proposed use is likely to create noise, traffic, and security problems. 2. The proposed use is inappropriate at the proposed location and will be incompatible with surrounding land uses. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo, as follows: SECTION 1. Based on the aforementioned finding, the City Council does deny the appeal without prejudice and upholds the Planning Commission's action to deny the requested use permit A88 -87, subject to the findings as approved. The applicant may submit another application to the city without waiting the normal one (1) year period. R 6331 Resolution No.6331 (1987 Series) Page 2 On motion of Councilwoman Rappa , seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Rappa, Settle, Dovey and Mayor Dunin NOES: None ABSENT: Councilman Griffin the foregoing document was passed and adopted this 15th day of September , 1987. ayor RnN DUNIN ATTEST: City C erk PAM VOGE APPROVED: City A inistrative Officer /4 -C-;:, :� City Atto ey Ayr'c� Community Development Director /8v LI, - F;11-e— 1 0 0 F/ ogcw e, J C� d RESOLUTION NO. 6330. (1987 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING.STAFF TO NEGOTIATE AND THE MAYOR TO SIGN AN AGREEMENT WITH WILLDAN ASSOCIATES TO PREPARE THE WATER REGULATIONS EIR WHEREAS, the City Council has required a focused environmental impact report (EIR) for proposed Water Allocation Regulations; and WHEREAS, the city desires to use consultant services to prepare the EIR in accordance with the city purchasing guidelines; and WHEREAS, staff has solicited proposals and recommends Willdan Associates as a qualified firm to perform the work as described in the draft agreement and workscope which the council has considered; NOW, THEREFORE, the council resolves as follows: Staff is authorized to complete negotiations with Willdan Associates for consultant services as described in the draft agreement and workscope. 2. The mayor is authorized to .sign the agreement, with a cost not to exceed $11,856. 3. The City Council will appropriate $12,000 to Fund No. 848 (Water Management Plan) for consultant services and related expenses. Funds for the consultant services ($11,865) shall be encumbered in account number 005 =5065 =008 =089. On motion of Councilman .Settle, seconded,by _Councilwoman Dovey, and_ on the-- folloi�ring roll call vote: AYES: Councilmembers Settle, Douey, Rappa and Mayor Diinin NOES: Bone ABSENT: Councilman Griffin . the foregoing resolution was passed and adopted this 15th day of .September; J987. ........................... Mayor RON DUNIN Resolution NoA#530 (1987 series) APPROVED: City Administrative Officer .. ..... ............... .............. City orney /inace Director .............. . . evelopment Director 0 CONSULTANT'S SERVICES AGREEMENT This agreement, made this 15t,hday of September 1987 , by and between the City of San Luis Obispo, California (hereinafter referred to as "City "), and Willdan Associates of Ventura, California, (hcreinfafter referred to as "Consultant "). WITNESSETH: WHEREAS, City desires to retain certain services in conjunction with preparing a focused environmental impact report for proposed Water Allocation Regulations. The services being provided by this consultant under this contract are environmental assessment and development of appropriate mitigation as part of the program design; and 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 forther herein; NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows: PROJECT COORDINATION a. LL11L The Community Development Director shalt 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. 0 N b. Consultant. Consultant shall assign a single Project Manager to have overall responsibility for the progress and execution of this agreement for Consultant. Paul Berlant 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 director. 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. 2. DUTIES OF CONSULTANT a. Services to be furnished. Consultant shall provide all specified services as set forth in Exhibit "A" attached hereto and incorporated herein by this reference. b. Laws to be observed. Consultant shall: (1) Procure all permits and licenses, pay all charges 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; Cl (2) Keep itself fully informed of all existing and proposed 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 mentions 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. Cobies pf regorts 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 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 "A" attached hereto and incorporated by this reference. 4. COMPENSATION The Consultant will perform the work in phases as described in Exhibit "A ". Consultant will bill City on a time and materials basis upon completion of the identified phases of the project. City will pay such bills within 30 days of receipt. The Consultant may not charge more than the amount shown in Exhibit "A" without prior approval of the City's Project Manager. 5. TIME FOR COMPLETION OF THEWORK Program scheduling shall follow the attached chart (Exhibit "A ") unless revisions to the chart are approved by the City's Project Manager. • n 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 Community Development Director 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. Consultant will be paid the compensation due and payable to the date of temporary suspension. 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. • o 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, plan, 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. 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. �U 10. INDEPENDENT JUDGMENT N 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: SUBCONTRACTORS: EMPLOYEES This agreement is for the performance of professional consulting environmental assessment 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: Community Development Department City of San Luis Obispo P.O. Box 8100 San Luis Obispo, CA 93403 -8100 To Consultant: Willdan Associates 374 Poli Street - Suite 101 Ventura, CA 93001 1" 1 13. INTEREST OFF 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: 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; 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; U 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 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 agrees to save, keep and hold harmless City from and against all claims, costs, suits, and damages, including defense costs and attorney's fees, that may at any time arise because of damage to property or injury to persons received or suffered by reason of the operation of Consultant, its officers, employees, or agents, which may be occassioned by any negligent act or omission to act which amounts to negligence on the part of 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 Consultant shall provide proof, satisfactory to the City, of comprehensive general liability insurance in the amount of $500,000 per occurrence and annual aggregate, automobile liability insurance in the amount of $500,000 combined single limits per occurence, and professional liability insurance in the amount of $250,000 per occurrence and annual aggregate. 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. • o 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 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 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. If Consultant is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of • Q federal law or executive order in the perrormance 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 Employment Practices Commission or the equivalent federal agency or officer shall constitute evidence of a violation of contract under this paragraph. 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. o IN WITNESS WHEREOF, City and Consultant have executed this agreement the day and year first above written. CONSULTANT ...... R. Dcnnis:'Delzeib Willdan Associates CITY OF SAN LUIS OBISPO 40grRON DUNIN c o Exhibit A The EIR will address both project - specific and cumulative impacts in accordance with State CEOA Guidelines. The foci of the EIR will be the potentially significant project issues identified in the City's RFP and Initial Study with the exceptions of traffic and air quality impacts. In the preparation reference documents will Associates will attend staff to discuss, in methods of using it in City staff to review the of the focused EIR, only existing be accessed and reviewed. Willdan one pre -work conference with City detail, available information and the analysis and one meeting with Administrative Draft. The two basic tasks in the preparation of the focused EIR are: TASK 1.0: Preparation of Environmental Documents 1.1: Administrative Draft EIR (3 copies) 1.2: Draft EIR (1 camera -ready copy) 1.3: Final EIR (1 camera -ready copy) TASK 2.0: Attendance at Public Hearings (2) If significant environmental effects are identified in the focused EIR, Findings of Fact pursuant to Section 15091 of the State EIR Guidelines will be prepared. If such effects are irreversible and unmitigated and the City of San Luis Obispo determines to approve the proposed regulations, Willdan Associates will prepare, based on testimony presented at the Planning Commission and /or City Council hearings and findings made by the Planning Commission and /or City Council, a Statement of Overriding Consideration as required by Section 15093 of the Guidelines. The following text reflects our understanding of these major work tasks. TASK 1.0: PREPARATION OF ENVIRONMENTAL DOCUMENTS SUBTASKS 1.1 AND 1.2: Administrative Draft and - Draft Focused Environmental Impact Reports The following is a general description of the content of the focused EIR and approach to each issue, including methodology. The time frame for the preparation of the administrative draft document will be 25 working days from the City's commencement authorization; preparation of the Draft EIR is expected to take five working days after City review of the Administrative Draft. C_9_I7 C; I. Introduction N The purpose of the Introduction is to indicate to the reader why the document is being prepared and its content. More specifically, the Introduction will contain the following information: o background history of the project o legal authority for the report o responsible agencies and their respective entitlements o environmental issues of focus o general location map II. Executive Summary This section will summarize all of the findings of the report in text and tabular form with graphics. Each impact category for the proposed regulations will contain statements as to whether or not the proposed regulations would have significant development related and /or cumulative impacts in each impact category. The Executive Summary will emphasize specific primary project - related and cumulative mitigation measures which could be implemented for each impact. Mitigation measures proposed will reduce, as much as possible, identified potentially significant impacts to a point of insignificance. III. Project Description This section, based on information provided by the applicant (city of San Luis Obispo) , will describe the proposed_ regulations in general and specific terms. Information to be contained in the Project Description include: o Project Applicant o Project objectives o Project characteristics IV. Environmental Setting This section will include a description of the environmental setting prior to the implementation of the proposed regulations and a discussion of the following: C -_ "? C/ O o existing growth management policies and regulations of the City; o historical population growth trends and projections for the City, surrounding cities within the County, and unincorporated areas; o economic base analysis of City and surrounding Cities in the County; and o previously documented effects of existing City growth control measures on growth within the City, cities within the County, and unincorporated areas. V. Environmental Impacts and Mitigation Measures The major issues will be discussed more fully in this section. Discussion of each issue will incorporate methodology used in assessing both project and cumulative impacts of the proposed regulations. The issues of traffic and air quality will not be addressed. Whenever possible, impacts will be quantified; however, qualitative impacts will also be addressed as a measure of the significance of each potential impact. If data is inadequate to quantify impacts, available information will be combined with a credible set of assumptions to assess the degree of impact(s). .Discussion of economically and environmentally feasible mitigation measures for each impact will be. discussed and given special emphasis. Project mitigation measures will include those measures incorporated within the regulations. All recommended mitigation measures for the proposed Water Allocation Regulations will reduce, as much as possible, identified potentially significant impacts to a point of insignificance. A.. Growth - Inducing -or - Reducing Impacts This section discusses the growth - inducing or reducing impacts of the Draft Water Allocation Regulations. The proposed regulations will dictate both quantity of growth as well as type of growth. Based on' quantity of water available to the City from year -to -year, the number of permits for residential dwellings will be determined; this number will influence overall City population growth from migration. The quantity of non= residential growth will determine the attractiveness of San Luis Obispo as a place to shop and work. The type of growth, as well as amount of growth, that can occur within the City will affect the City's fiscal resources. c -q --19 Mitigation measures which address constrained growth include redevelopment (and retrofitting with conservation devices) of existing residential and commercial areas, installation of water - conserving fixtures and appliances in new developments, and development of alternative sources of water. B. Economic Impacts The extent to which fiscal resources are affected is determined by the community's existing economic base and the local market for commercial goods and services. As an example, if the commercial sector is overbuilt, the water regulations will not impact the commercial sector immediately. on the other hand, if the demand for commercial goods and services is at threshold level, then any restraints on commercial development could have deleterious on the City's fiscal resources and, in fact, may induce shoppers from within and outside of the City to shop elsewhere. Property tax revenues from development would be less under a restrained growth program; however, due to the passage of Proposition 13, the reduction in revenues would probably not be significant. Fiscal resources specifically addressed will include property taxes, subventions and grants, sales tax, and fees (i.e., transient occupancy tax, business license fees, etc.). Potential changes to retail sales and employment will be addressed. Special consideration will be given to the construction trades as they may be affected by the possible changes in rates and type of development. Utility tax revenues will be assumed to be equivalent to utility- related capital and operations and maintenance costs. Mitigation measures which may be proposed in a scenario of restrained residential and commercial growth may be redeveloping and retrofitting existing developments with conservation devices; installing water- conserving fixtures and appliances in new developments (so more development may take place), water recycling (if the new development is large enough) , increasing utility rates; and developing alternative sources of water. C. Methodoloav Willdan Associates will address water availability in San Luis Obispo in multiple annual scenarios; with and without the proposed regulations. An annual perspective of the potential water availability will be provided for two scenarios (No Water Allocation Regulations and With Water Allocation Regulations) and six subscenarios as shown below: C. -q -moo C O 1. No Water Allocation Regulations A. No Available Water B. Limited Supply of Water C. Unlimited Supply of Water 2. With Water Allocation Regulations A. No Available Water B. Limited Supply of Water C. Unlimited Supply of Water The base amount of consumable water for each year will be calculated as described in the Water Element. Based upon the quantity of water supply available from year to year, the number of housing units and amount of commercial space that could be constructed will be determined based either upon projected market demand (No Regulations scenario) or upon pre - determined allocations (With Regulations scenario). The year -by -year growth- inducing or - reducing impact of each scenario will then be assessed for the next seven to ten years. The overall projected population growth and economic outlook for the County is assumed to be constant. Any differences in growth as a result of the proposed regulations will be redistributed to the other- cities in the County and unincorporated areas based upon their historical growth trends. This analysis will provide the City with an understanding of the regional growth- inducing or - reducing impacts of its proposed Water Allocation Regulations. Fiscal impacts on the City will be addressed in a straightforward manner. Based upon historical experience (and review of past City budgets) per capita figures for subventions and grants and sales tax, per room occupancy tax, and per 1,000 square feet commercial space revenues will be determined. Given these per unit incomes, City revenues will be projected for each scenario for the seven to ten -year time frame of the an Revenues will be adjusted annually for inflation. To determine the City population, employment by economic sector, and revenues lost as a result of the proposed regulations. the population, employment and.revenues gained or lost.under the "With Water Allocation Regulations" scenario will be subtracted from the "No Water Allocation Regulations." The attached table illustrates the methodology to determine the annual growth and fiscal impacts of each scenario. D. Cumulative Impacts. Cumulative impacts of the proposed scenarios will be addressed in the individual impact analysis sections above w (2 ¢ LU (W,� fA O G S M 0 pp¢ O C7 m Mp m w' W O m C L o' Y C � Y CCU N m O f cc e ar e a _ o� .m'r o N C O m Lpp H O W w O 00 5 CL `e $cY evca 7 m O m Iy u m p a-' m _ } O O 6 N 0 ! am. o U ULL CL > v C 0 m m c m m s— m V ¢ C m Y M O U d C M O G m � u C7 O m w. W 0 m c m m c M r Ol m ¢ L Y IN O L e c ym fA m c r 0 c., o <' cs CL a x a W m M Y m w O O F O a Sj pp QQ N F W m_ I.- U p W W p O U C7 9 C ¢ W = O II •' a W W H U '+ O 1- $ r Y R d O Y a i W Y W W W < CL m2 U) F ¢ ¢ W W W W m iT a fA iA W !- U O 1- �a' e ��Ypp J i a Q O a � 2q m M ma O. to W 1- U r+ O 1- O d f9_/ t w w w F U H WO H C -q -D.-2 M Y m w O O F O a :2 pp 1 pp F O p W p W W p O U C7 9 C ¢ W = O II •' a W W H U '+ O 1- <'. v� m e c e m o m a w _ 0 0 Y aa y C .O C pQr ` a r fi D O 8 m 2 a 2 m a m fA O O �y4u C w V O H J > O pp fi O C• a N a. � [L S O m C 6 o . . .0 tL w w W __ -- — a � a i v o m w Lu I.- La .W. IW- a C -q -D.-2 M Y m w O O F L m C O W V Z O LL C 2 {V� m = -00 •' co m w w m e c e m o Q 7 _ 0 0 Y r V m C V c C ~ ` F r fi D L' Q m 2 a 2 m O m o O O �y4u C w V O H O pp fi O C• a N � [L S O m C 6 . . .0 tL w w W W — C -q -D.-2 C 0 and, therefore, will not be included in a separate section of the EIR. VI. Alternatives to Proposed Development(s) This section of the focused EIR will be prepared in accordance to State CEOA Guidelines (Section 15126d). Three alternatives to the proposed regulations seem environmentally and economically feasible: No Project; Implementation and Enforcement of Stringent Water Conservation Standards; and a Higher Safe Yield of Water Supply. The No Project Alternative, already evaluated under the "No Regulations" scenario, may result in unbalanced growth within the City (i.e., too much residential or too much commercial development) and be politically unpopular. A stringent water conservation program is usually publicly unpopular; however, significant water and utility cost savings, as well as beneficial environmental effects, can result from such a program. A general discussion of possible amendments to water rates will be included as part of the analysis of water conservation methods. Lastly an alternative percentage of safe yield of water supply will be utilized (e.g. 115 %) to evaluate a more liberal assumption relating to development potential.. VII. Relationship Between Short -Term Uses and Lona -Term Productivity This section will describe the cumulative and long -term effects of the proposed regulations with emphasis on impacts which narrow existing or potential local development or pose long -term risks to health or safety. VIII. Irreversible Impacts of Proposed_Development(s) Implementation This section will include a discussion of any proposed regulations - related changes to the existing environment and local economy which are irreversible in nature or commit future generations to restrictive growth patterns. Ix. End Notes. References. and Organizations. _A ncies_ and User value of the environmental document prepared by Willdan Associates will be augmented by extensive end notations (i.e., endnotes) that will include information sources and additional text to further enhance the, contents of the document. Furthermore, a detailed list of references of all sources of information will provide users of the document(s) a valuable bibliography for obtaining further information on the City of San Luis Obispo. c -4:� -a3 0 0 X. Appendices The appendices to the document(s) will include at least the following: o Draft /Final EIR Distribution List o Initial Study(ies) o Comments Received and Response to Comments o Technical Materials and Special Studies 0 other as requested by the City SUBTASK 1.3: Final EIR Based upon comments received during the public review period and public hearings Willdan Associates will prepare revisions to the Draft EIR. The revised document will include changes to the text of the Draft EIR as appropriate. Each comment /change will be noted and highlighted for ease of reference. The preparation of the Final EIR will not exceed ten (10) working days under normal circumstances. TASK 2.0: ATTENDANCE AT PUBLIC HEARINGS Willdan Associates will attend two City Council hearings to receive comments and answer questions. o � o PROJECT FEE Focused Environmental Impact Report City of San Luis Obispo Management and Analysis $ 448.00 Word Processing $ 180.00 Graphics and Production of Camera -Ready $ 200.00 subtotal $ 828.00 C -9-DLS Cost Estimate Task 1.0 Preparation of Environmental Documents 1.1 Administrative Draft Focused EIR Project $ 3,280.00 Orientation (including two meetings with City staff) $ 560.00 Descriptive Text Growth- Inducing Impacts $ 11431.00 Economic Impacts $ 1,991.00 $ 224.00 Alternatives Management and Analysis $ 350.00 $ 450.00 Word Processing Graphics and Production $ 480.00 Printing (3 copies) $ 20.00 Subtotal $ 6,930.00 1.2 Draft EIR Management and Analysis $ 448.00 Word Processing $ 180.00 Graphics and Production of Camera -Ready $ 200.00 subtotal $ 828.00 C -9-DLS Task Estimate 1.3 Final EIR Response to Comments $ 560.00 Management and Analysis $ 220.00 Word Processing $ 180.00 Graphics and Production of Camera -Ready $ 100.00 Subtotal 2.0 Attendance at Two Public Hearings $ 1,060.00 $ 1,182.00 TOTAL $11,856.00 G -9 -OD-{0 Q WILLDAN ASSOCIATES Willdan Associates is a multidisciplinary consulting firm providing professional services in the areas of community development, urban and environmental planning, and engineering. Founded in 1964, Willdan Associates is headquartered in Anaheim, California. Today Willdan' Associates maintains six offices and employs over three hundred persons including a professional staff of one hundred eighty -eight planners and engineers, environmental professionals and technicians. This proposal to prepare a focused EIR for the city of San Luis Obispo will be managed through our Ventura office. Willdan Associates utilizes a management approach whereby each project is undertaken by a project team. Each job is assigned to a senior member of our staff who leads a multidisciplinary team assembled from our technical staff. Experience in the type of job, knowledge of the subject environs, and availability to support the required schedule, were primary considerations in the selection of the project team. Mr. Paul Berlant, Manager of Planning and Building Services. for Willdan's Ventura office will serve as the Manager of this project. Mr. Berlant has over sixteen years of professional planning experience which includes both public and private sector employment. Prior to joining Willdan, Mr. Berlant served as Director of Community Development for the City of Ventura where, among other responsibilities he chaired the City's Environmental Review Committee. In that capacity he was responsible for the overall preparation and review of all environmental documents prepared for and by the City. EIR's were prepared for residential, commercial and industrial. developments, redevelopment projects and General Plan amendments. Mr. Berlant's experience in municipal planning also has made him familiar with local and regional issues such as transportation, air quality and growth considerations. Mr. Berlant will have full management authority over the project and will be directly responsible to the city of San Luis Obispo for execution of the work program, scheduling necessary meetings, maintaining fiscal responsibility and assuring that the City's needs are met in a responsive manner with a work product of the highest professional quality. Paul Berlant Rosemarie Balog /Mamaghani Proiect Team Manager of Planning Services Planning Associate -10- RESOLUTION NO. 6329 (1987 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE BYLAWS AND CODE OF ETHICS OF THE HUMAN RELATIONS COMMISSION WHEREAS, the advisory body handbook stipulates that each advisory body shall have a code of ethics and bylaws, and that each body shall review these and submit them for Council approval; and WHEREAS, the Human Relations Commission has recently reviewed its code of ethics and bylaws, NOW THEREFORE', BE--AT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the amended bylaws of the Human Relations Commission are hereby approved and adopted. SECTION 2. That the code of ethics of the Human Relations Commission is hereby approved and adopted. On motion of Councilman Settle , seconded by Councilwoman Dovey and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Rappa and Mayor Dunin NOES: None ABSENT: Councilman Griffin the foregoing resolut:ion was passed and adopted this 15th day of September , 1987;, 1 • r on unin ATTEST: t ` V City Verk Pamela V0 '&s APPROVED: (City dministrative Officer ;4 City A rney R 6329 city of sAn luis oBispo 990 Palm Street /Post Office Box 8100 • San Luis Obispo, CA 93403.8100 BY -LAWS HUMAN RELATIONS COMMISSION CITY OF SAN LUIS OBISPO ARTICLE 1. PURPOSE It is the purpose of the Human Relations Commission to advise the Council in its actions to create an environment within the city in which all persons can enjoy equal rights and opportunities regardless of race, religion, sex, national origin, age, physical, mental or economic status. The Human Relations Commission.shall make recommendations to the City Council or the City Administrative Officer on how these social concerns and human needs can best be addressed. ARTICLE 2. TERMS OF OFFICE Commissioners shall be appointed by the City Council for terms of two (2) years, commencing on April 1, and six (6) commissioners shall be appointed each year. Commissioners shall serve at the pleasure of the City Council, Any Commissioner may be reappointed, provided that no appointee shall serve more than four (4) consecutive terms (8 years). ARTICLE 3. MEETINGS A. The Commission shall hold a regular meeting each month but not less than ten (10) times a year. B. Meetings will be held at 7:00 p.m. the first Wednesday of each month. C. The Commission meetings shall be open to the public and shall be held at City Hall or other previously announced locations at specific times as required by California law. D. A quorum shall consist of a majority of the Commissioners currently serving. E. All actions of the Commission shall be decided by a majority vote or consensus and shall be directed through the Commission Chair. Human Relations Commission: •Page 2 F. Minutes of each meeting shall be forwarded to the City Council and be available as a public record. G. The Chairperson or any three members of the Commission may call a special meeting providing a week's prior notice is given .in writing to each member. H. All Commission meetings shall be conducted according to Robert's Rules of Order, Newly Revised. I. All members present must vote, except when abstaining due to a declared conflict of interest. J. Any member with a declared conflict of interest shall not vote on or participate in any discussion of an item or in any manner attempt to influence the decision on that item. ARTICLE 4. SUBCOMMITTEES Subcommittees consisting of less than a quorum of the Commission shall be appointed, as needed, by the Chairperson. Study committees may include non- commission members who shall have no voting power. Standing subcommittees shall be: Executive Committee, Grants -in -Aid and Program /Training. ARTICLE 5. OFFICERS A. The officers shall be a Chairperson and a Vice - Chairperson who shall be elected at the Commission meeting in April for one -year terms. B. Executive Committee shall be the Chairperson. Vice - Chairperson, and the Chairpersons of the Standing. Subcommittees. C. The Chairperson shall preside over all meetings of the Commission, prepare all meeting agendas with the Executive Committee and perform such duties as directed by the Commission. D. The Vice - Chairperson shall serve in the absence or incapacity of the Chairperson. ARTICLE 6. WORRPLAN The Commission shall develop a workplan on an annual basis. The workplan shall be a description of the activities that will be undertaken in order to meet the goals and objectives of the Commission. BY,lasqs Human Relations Commission Page 3 ARTICLE 7. AMENDMENTS By -law amendments shall be submitted for Council approval by an affirmative vote of the members present at a regular meeting of the Commission, provided that such amendments shall have been discussed by the Commission on the agenda of at least two meetings prior to the vote. The members shall receive the proposed amendments in writing at least ten (10) days prior to the first reading. Revised: May 1987 es city ® S i s 990 Palm Street /Post Office Box 8100 * San Luis Obispo, CA 93403 8100 CODE OF ETHICS The purpose of the Human Relations Commission is to foster harmonious relations between_ individuals and groups; to work and to advocate for equal rights and opportunities for all citizens of San Luis Obispo; to cooperate with and assist other organizations with similar purposes: and to advise and recommend to the City Council of San Luis Obispo in areas of social concern. To further these objectives, the Human Relations Commission.has adopted certain ethical principles which shall govern the conduct of Commission members. According to those principles, a Commissioner shall: 1. Demonstrate a commitment to working with the diverse members of the community in a non - judgemental, receptive fashion in a pursuit of dignity and equality for all people, regardless of race, religion, sex, national origin. sexual orientation, age„ physical, mental or economic status. 2. Keep the lines of communication open between the citizens of San Luis Obispo and their elected officials, with the recognition that Commissioners serve at the pleasure of the City Council. and function solely in an advisory capacity in the development of public policy reflective of social concerns.. 3. Seek no favor or recognition as a Commissioner, believing that aggrandizement or profit secured by virtue.of an appointment to a City advisory body is unethical. 4. Maintain the confidentiality of those citizens to whom assistance is offered by the Commission according to established City policy. 5. Have no part in a Commission decision regarding an organization or situation in which the Commissioner has a financial interest, to prevent any possible perception of financial inpTopriety. Revised: March 1987 RESOLUTION NO. 6328 (1987 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE MAYOR TO SIGN THE 1987 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AGREEMENT WHEREAS, the city finds there is a significant need in San Luis Obispo to provide rental housing for lower and very -low income families; and WHEREAS, the city was awarded a CDBG (1987 funding cycle) in the amount of $421,500 from the State Department of Housing an Community Developmemt (HCD) to purchase a site for assisted housing; and WHEREAS, HCD has instructed the city to sign and return the grant agreement prior to the drawdown of CDBG funds. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City Council authorizes the Mayor to sign the grant agreement and hereby agrees to comply with all its assurances. On motion of Councilman Settle , seconded by Councilwoman Dovey and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Rappa and Mayor Dunin NOES: None ABSENT: Councilman Griffin the foregoing Resolution was passed and adopted this 15th day of September , 1987, Mayor RON D IN ATTEST: City C erk PAM VOG R 6328 Page 2 Resolution No. (o.3c?8 (1987 Series) APPROVED: Cit Admi istrative Officer City A orney Community Development Director 11vl�(q -; o P'e� O STANDARD AGREEMENT NE -D BY THE 4TTORY GENERAL ", 1 CONTggCTO STATE a it CALIFORNIA CONTRAS — lle $ MHz STATE AGENCY sm. a triay. arrtai _ oevr. 06 GEN. st*_R. CONTROLLER TFIIS .AGREE\IE \T, made and entered into this 30th (jute ,if June I 87 in the State elf California by and heta•een State cif t.I:►1if+lrnia through its dun} elected rii aplx,inted. . ttuulified and acting L..i TITLE OP OPMCRR ACTING FOR SEATS -AGENCY nl•rt•a tl(•r !•alll'1 lll('.NeIte'. 1111(11 CONTRACT NUMBIR .AM. 140. Director Housing and Community Development 87 -STBG- 233 City of San Luis Obispo Y!l'lIl h'I .L'Ih'll 'l.Y (Ulll!nl ^... CCNTRACTC0•9 -:0. NUMaRR (or the Grantee as appropriate within the context of this Agreement) WIT\F_SSETII: That the Cnntracwr for and in Ltimsidrration elf the cotenants. conditirins. a¢rltmenth. and ;tipalatiaas elf the State hrrtinafter exprebwKL does hereby airier to ftlmish to the State senvic" and materials. as fIlllims: Ilsef jorth w-rcu•r to ht- rendered hq Contractor. amuimt to 1w• paid G.ntractur.:imr. for tn•rrurmanr,• .,r.Ynntrlrrrrni, anri neat h plan. and ..1n•rlfirutfan.. 1faria.. This agreement will provide official notification of the grant award under the State's administration of the Housing and Community Development. Block Grant Program for Non - entitlement jurisdictions pursuant to the provisions of 42 U.S.C. 5301 et. seq., 24 CE'R Part 570, Subpart I, and 25 California Administrative Code Sections 7050 through 7124. In accepting this grant award, the Grantee agrees to comply with the terms and conditions of this agreement and all atachments hereto, the representations contained in the Grantee's application (hereinafter "the Application ") which is hereby incorporated by reference as if set forth in full, and the requirements of the authorities cited above. 15 SHEETS, EACH BEARING NAME OF CC CONTRACT RECEIVEE SEP 3 0 1987 CITY CLEPN SAN LUIS OBISPO, CA The provisions on the reverse side hereof constitute a part of this agreement. IN «'IT1ES3 WHEREOF. this agreement has been executed by the parties hereto, upon the date first alxlve written. STATE OF CALIFORNIA CONTRACTOR AGENCT ca"" ACTOR w orm" 1MMr AR ,RaN M` "An N.IrI..a1 . txRFeRARaa Department of Housing s Community Development °'� City of San Luis Obispo n. IAA TYRm f!Y IA SIQNATV , x wenamusRON D iJIN, MAYOR PRIMED NA Trrca s,ERSpN EwnPnIG - - 011"MraO MAMA LINDA A. POWELL ATTEST .-. PAM VOGES, CITY -CLM Tt+LE - - - AaGREEE p - . Box 81 CHIEF, ADMIMS1 ATION DMSION Ann T.114 AMGVNr OIeCLN140R® FROQitAM/GTRGORT Fee= Aloe TRLfa NNO TITLE 20 Cow"" ty' Affairs I FTF' Department of General ServHbes S 421 500 Use Only �' f tTiOttt �p0ltlrR�e1 Of uraweus.e0xw .^LANCE g tor" aft" YSRI - - - 2620/ 25238 F'CN 14.228 ACM. INCRSASlMa SNCYM"RAMCEI ITRM - CNARTEN STATUTE -.- R19'C.�L YEAR $ 2240 -101 -890 - 186 1986 11986/87 General Services approval per Section 1206 of the State AGE. °"11°"'°'6 O GU;Z;ANCZ Gail= 6��01 "�"`'�` "'O �"LID 31 S Administrative Manual. TJLOL NO. (GJL NM lirrtda,crrti f y "pate my own µ•canal knatrfrdar that tteadiwIrd fu" are aradabir jar their prnad and pet AT oftheext!7diturr.wairdallow � W � �9 x LA- a..�- e.C�>f � aa. SEP 2 7 1981 11rc n, armyy that all t7nedtfions for exrmption .rt jorrh m State Adnunistrattrr.}lanttal StTffan 12 barn !rm eomplird frith and this doruenrnt is ezrillpt front rerirlr big the D_ rpar!"irnt of Finance. GF!ICOR mm^w O► 77'97, WV ;7 - City of San Luis ObispaI. #87 -STBG -233 8. Work to be Performed 0 The Grantee agrees to fully perform the work described in Attachment A, Section It (hereinafter "the Work ") and more fully described in the Application. 9. Grant Amount For the purposes of performing the Work, the State agrees to pay to Grantee the amount specified in Attachment At Section 3. In no instance shall the State be liable for any costs for the Work in excess of this amount, nor for any unauthorized or ineligible costs. Payment will be made following receipt and approval of the Expenditure Summary and Payment Request report. Grantee agrees to administer this grant in accordance with the provisions of Section 7098 through, and including, Section 7124.of Title 25 of the California Administrative Code. 10. Special Conditions The Grantee agrees to comply with the special conditions, if any, contained in Attachment B. 11. Method of Payment To receive payment for the Work performed, or to receive an operating advance, the Grantee shall submit, in triplicate and on form provided by the State, a duly executed Expenditure Summary and. payment Request report. The Grantee shall submit all Expenditure Summary and Payment Request reports to the Department of Housing and Community Development, Community Development. Program, 921 Tenth Street (4R), Sacramento California, 95814, or any other address of which the Grantee has been notified in writing. The State shall not authorize payments unless it determines that the Work has been performed in. compliance With the terms of this agreement and its attachments. 12. Commencement and Term This agreement is effective on June 30, 1987. However, Grantee agrees that Work shall not commence prior to execution of this agreement by the State, unless expressly authorized in writing to do so. This agreement shall terminate on the date set forth in Attachment A and Grantee agrees that the Work shall be complete by the date specified in Attachment A, unless a written .request for an extension is approved in advance and in writing by the State. 13. Grant Termination A. The State may. terminate this agreement at any time for good cause by giving at least 30 days notice-in writing to the Grantee. Good cause shall consist of violations of any terms and /or Special Conditions of this agreement, the regulations contained in 25 California Administrative Code Sections 7050 to 7124, 24 CFR Part 570, Subpart It the Housing and Community Development Act of 1974, as amended, or upon the request of HUD. Upon termination of this agreement, unless -otherwise approved in writing by the State, any unexpended funds received by the Grantee shall be returned to the State within 30 days of the Notice of Termination. -3- -City of San Luis Obispo #87 -STBG -233- B. It is mutually understood between the parties that this agreement may have been written before ascertaining the availability of congressional appropriation of funds, for the mutual benefit of both parties in order to avoid program and fiscal delays which would occur if the agreement were executed after the determination was made. C. This agreement is valid and enforceable only if sufficient funds are made available to the State by the United States Government for the federal fiscal year 1985 -86 for the purposes of this program. In addition, this agreement is subject to any additional restrictions, limitations, or conditions_ enacted by the Congress or State Legislature or any statute enacted by the Congress or the State Legislature which may affect the provisions, terms or funding of this agreement in any manner. D. It is mutually agreed that if the Congress does not appropriate sufficient funds for the program, this agreement shall be amended to reflect any reductions in funds. E. The State has the option to terminate this agreement under the 30-day cancellation clause or to amend the agreement to reflect any reduction of funds. 14. Contractors and Subcontractors A. The Grantee shall not enter into any agreement, written or oral, with any contractor without the prior determination by the State of the contractor's eligibility. A contractor - or subcontractor is not eligible to receive grant funds if the contractor is not licensed in good standing in California, or is listed on the federal Consolidated List of Debarred, Suspended, and Ineligible Contractors. B. The Agreement between the Grantee and any contractor shall require the contractor and its subcontractors, if any, to: 1) Perform the Work in accordance with federal, State and local housing and building codes as are applicable. 2) Comply with the Labor Standards described in Attachment C of this agreement as are applicable. In addition to the requirements of Attachment C, all contractors and subcontractors must comply with the provisions of the California Labor Code as are applicable. 3) Comply with the applicable Equal Opportunity Requirements, described in Attachment D of this agreement. 4) Maintain at least the minimum State - required worker's Compensation Insurance for those employees who will perform the Work or any part of it. -4- City of San Luis Obispo #87 -STBG -233 5) Maintain, if so required by law, unemployment insurance, disability insurance and liability insurance in an amount to be determined by the State which is reasonable to compensate any person,-firm, or corporation who may be injured or damaged by the contractor or any subcontractor in performing the Work or any part of it. C. Pursuant to Section 7120(c) of Title 25 of the California Administrative Code, the Department reserves the right of pre -award review and approval of all proposed contracts and related procurement documents, such as requests for proposals and invitations for bids, where the contract amount exceeds $10,000 and only one bid or proposal is received, or a "brand name" product is specified, or the contract is to be awarded sole source. 15. Inspections A. Grantee shall inspect any Work performed hereunder to ensure that the Work is being and has been performed in accordance with the applicable federal, State and/or local requirements, and this agreement. B. The .State reserves the right to inspect any Work performed hereunder to see that the Work is being and has been-performed in accordance with the applicable federal, State and/or local requirements, and this agreement. C. The Grantee agrees to require that all Work found by such inspections not to conform to the applicable requirements be corrected, and to withhold payment to the contractor or subcontractor until it is so corrected. 16. Records A. All records, accounts, documentation and all other materials relevant to a fiscal audit or examination, as specified by the State, shall be retained by the Grantee for a period of not less than three (3) years from the date of termination of this agreement. B. If so directed by the State upon termination of this agreement, the Grantee shall cause all. records, accounts, documentation and all other materials relevant to the Work to be delivered to the State as depository. C. All contracts of $10,000 or more between Grantee and its contractors shall contain a provision which indicates that the contracting parties shall be subject to the examination and audit of the Auditor General for a period of three (3) years after the final payment under the contract. 17. Audit A. All records, accounts, documentation and other materials deemed relevant to the Work by the Department shall be accessible at any time to the authorized representatives of the State or federal government, on reasonable prior notice, for the purpose of examination or audit. c City of San Luis Obispo; #87 -STBG -233 B. An expenditure which is not authorized by this agreement or which cannot be adequately documented shall be disallowed and must be reimbursed to the State or its designee by the Grantee. Expenditures for Work not described in Attachment A shall be deemed authorized if the performance of such Work is approved in writing by the State . prior to the commencement of such Work. C.. Absent fraud or mistake on the part of the State, the determination by the State of the.allowability of any expenditures shall be final. D. Pursuant to OMB Circular A -1.28, Grantee shall perform an annual audit at the close of each fiscal year in which this agreement is in effect. The costs of the CDBG related portion of the audit may be charged to the program in accordance with Public Law 98 -502, OMB Circular A -128 and 25 California Administrative Code 7122. E. The audit shall be performed by a qualified State, local or independent auditor. Grantee shall notify the State of the auditor's name and address immediately after the selection has been made. The contract for audit shall include a clause which permits access by the State to the independent auditor's working papers. F. Three copies of all required audit reports shall be submitted to the State Controller's Office within six months of the close of the required audit period. G. The State shall not approve any expenditures for audit prior to receiving an acceptable audit report. 18. Compliance with State. Law and-Regulations The Grantee agrees to comply with all State laws and regulations that pertain to construction, health and safety, labor, fair employment practices, equal opportunity and all other matters applicable to the Grantee, its subgrantees, contractors, or subcontractors, and the Work. 19. Environmental Requirements This agreement is subject to the provisions of the California Environmental Quality Act (CEQA). Grantee assumes responsibility to fully comply with CEQA's requirements regarding the Work. In addition, the Grantee shall comply with the provisions of the National Environmental Policy Act (NEPA) by following the procedures contained in 24 CFR. Part 58. The release, by the State, of program implementation funds is hereby conditioned upon compliance with CEQA and NEPA. 20. Comaliance with Federal Laws and Regulations The Grantee agrees to comply with all federal laws and regulations applicable to the CDBG Program and to the Work,. and with the required federal provisions set forth in Attachment E. City of San Luis Obispo #87 -STBG -233 J 21. State coordinator The coordinator of this agreement for the State is the Program Manager of the Community Development Program, Division of Community Affairs, or the Program Manager's designee. 22. Purchase of F.ouinment Prior to the drawdown of funds for purchase of any data processing equipment or any other equipment or fixtures with a useful life of one year and a cost of at least $300, Grantee shall submit a detailed justification of the need for the equipment or fixtures for review and approval by the Department.. 23. Certified Resolution This agreement shall be accompanied by a certified resolution from the Grantee's governing body authorizing its execution. 24. Waivers No waiver of any breach of this agreement shall be held to be a waiver of any prior or subsequent breach. The failure of the Department to enforce at any time the provisions of this agreement or to require at any time performance by the Contractor of these provisions, shall in no way be construed to be a waiver of such provisions nor to affect the validity of this agreement or the right. of the Department to enforce these provisions. 25. Litigation a. if any provision of this agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of the Department, shall not affect any other provisions of this agreement and the remainder of this agreement shall remain in full force and effect. Therefore, the provisions of this agreement are, and shall be, deemed severable. b. The Grantee shall notify the Department immediately of any claim or action undertaken by or against it which affects or may affect this agreement or the Department, and shall take such action with respect to the claim or action as is consistent with the terms of this agreement and the interests of the State. -7- City of San Luis Ooispo�_,, #87 -STBG -23.3 Section 1 - work Description ATTACHMENT A Page 1 of 1 A. Grantee shall perform the Work as described in the approved Application, which is on file at the Department of Housing and Community Development, Division of Community Affairs, 921 10th Street (4K), Sacramento, California. All written materials or alterations submitted from time to time as addenda to the original Application and which are approved by the State prior to the award are hereby incorporated as part of the Application. B. The work shall consist of: The acquisition of a 2.2 acre site on which 20 units of low and very low income family housing will be developed. C. Notwithstanding Section 6 of this Standard Agreement, Grantee shall request written approval from the State when program or budget revision is needed as required by Section 7114, Title 25 of the California Administrative Code. No alteration or variation of the terms of this agreement shall be valid unless requested in writing and approved in writing by the State, or at the_State's discretion signed by both parties in the form, of a Grant Amendment. No oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. Section 2 -.Completion Dates A. All Work shall be completed by December 31, 1989 in accordance with the approved milestones in the Application. Milestones may be adjusted by written consent of the State and do not require amendment of this Agreement. B. Close -out shall commence by February 28, 1990. C. This Agreement shall expire on March 31, 1990. Section 3 - Grant Amount and Operating Budget A. Specifics of the operating budget shall be agreed upon by the State and Grantee.prior to drawdown of any funds. B. The grant of $421,500 consists of: Site Acquisition $401,500 General Administration $ 20,000 city of San Luis Obispo r�ATTACHMENT B #87- STBG -233 Page l of 2 Special Conditions 1. Pursuant to 25 Cal. Admin. Code Section 7056(b)(1), as a condition of drawing down any CDBG funds, the Grantee shall have submitted to the Department a. draft or a final and adopted revised housing element as required by Article 10.6 (commencing with Section 65580) of the Government Code. Upon submittal of a draft housing element, the Grantee may draw down a. portion of the administrative funds for the purpose of completing the adoption of a revised housing element in compliance with State Law. As a condition of drawing down any program implementation funds, the Grantee shall adopt a housing element revision in compliance with the substantive requirements in Article 10.6, and submit a certification, on forms provided by the Department, that such housing element complies with the substantive requirements of Article 10.6. 2. In order to meet the requirements of the State Relocation Law, and in order to minimize displacement. in accordance with the provisions of the Housing and Urban Rural Economic Recovery Act of 1983 (HR 1), the Grantee shall ensure that targeted income group renter households residing in units rehabilitated with funds from this grant shall not pay more than 25% of their monthly gross income for a period of one year. Where tenants are already paying more than 25% of gross income, they shall not be required to pay any increase in monthly rents for a period of one year from the completion of rehabilitation of their unit. In order to fulfill this requirement, Grantee shall either: (a) include those provisions within a Rent Limitation Agreement or, (b) shall pay displacement assistance pursuant. to Government. Code Section 7265.3, in an amount equal to the difference between 25% of existing tenants` income and the after - rehabilitation rent. Where the tenant already pays more than 25% of income for rent, the amount of displacement assistance shall be equal to the difference between pre- rehabilitation rents and after - rehabilitation rents. Upon written approval from the Department, Grantee may use CDBG housing rehabilitation program funds to make required displacement assistance payments. In addition to permanent relocation and displacement benefits required by State Relocation Law for tenants and owners of real property, businesses and farms displaced by acquisition funded in whole or in part by CDBG funds, the Grantee is required to plan and budget for temporary relocation of tenants displaced by housing rehabilitation activities similarly funded. Temporary relocation in conjunction with housing rehabilitation is defined as displacement for up to 90 days and is a CDBG eligible activity for this period of time only. Thereafter, displacement in conjunction with housing rehabilitation taking longer than 90 days is the responsibility of the Grantee. Before program funds can be drawndown for housing rehabilitation, the Grantee is required to submit for Departmental approval, a description of how temporary relocation benefits will be provided. This description should include a discussion of how the Grantee will compensate tenants for any temporary relocation lasting more than 90 days. Permanent relocation benefits, triggered by acquisition, will require a relocation plan which must be approved by the Department before drawdown of program funds. a City of San Luis Obispo #87 -STBG -233 _ nATTACHMENT B 'Page 2 of 2 3. The Grantee will report on the value of other contributions included as a leverage to the new construction activity on a quarterly basis. Required contributions to be reported on, as described in the application are: California Housing Finance Agency $1,052,000 City of San Luis Obispo $ 8,000 4. The Grantee shall provide to the State documentation of a commitment for financing in the amount of $1,052,000 prior to the drawdown of CDBG funds. *The total construction cost of $1,052,000 will be funded through the following sources in the indicated amounts: CHFA Commitment Local Authority Cash Commitment Housing Authority Staff Costs* *(Reference: Line 13, Pg. 27 of CDBG Application) $ 842,000 200,000 10,000 TOTAL $1,052.000 City of San Luis Obispd(17'� #87 =STBG -233 Labor Standards 1. State Labor Standards Provisions o. ATPACHME= Page 1 of 1 All contractors and subcontractors shall give the following certification to the Grantee and forward this certification to the Grantee within 10 days after the execution of any contract or subcontract. A. "I am aware of the provisions of Section 1720 et seq. of the California Labor Code which. requires that the State prevailing wage rate shall be paid to employees where this rate exceeds the federal wage rate." B. "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers, compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract." C. "It is further agreed that, except as may be provided in Section 1815 of the California Labor Code, the magi mnn hours a worker is to be employed is limited to eight hours a day and 40 hours a week and the subcontract shall forfeit, as a penalty, $25 for each worker employed in the execution of the subcontract for each calendar day during which a worker is required or permitted to labor more than eight hours in any calendar day or more than 40 hours in any calendar week and is not paid overtime." 2. Federal Labor Standards Provisions (Davis -Bacon and Related Acts) Except with respect to the rehabilitation of residential property designed for residential use for less than eight families, the Grantee and all contractors /subcontractors of the Grantee engaged under contracts in excess of $2,000 for the construction, prosecution, completion or repair of any building or work financed in whole or in part with assistance provided under this Agreement, shall comply with HOD requirements pertaining to such contracts and the applicable requirements of the regulations of the Department of Labor under 29 CFR Parts 3, 5 and 5a, governing the payment of wages and the ratio of apprentices and trainees to journeymen: Provided, that if wage rates higher than those required under such regulations are imposed by State or local. law, nothing hereunder is intended to relieve the Grantee or any contractor/ subcontractor of their obligation, if any, to require payment of the higher rates. The Grantee shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of 29 CFR 5.5 and, for such contracts in excess of $10,000, 29 CFR 5a.3. City of San Luis Obispo #87 -STBG -233 1. The Civil �,1TTACHMMT D Page l of 2 Discrimination, and Rehabilitation Acts During the performance of this Agreement, the Grantee assures that no otherwise qualified person shall be excluded from participation or employment, denied program benefits, or be subjected to discrimination based on race, color, national origin, sex, age, or handicap, under any program or activity funded by this contract, as required by Title VI of the Civil Rights Act of 1964, Title I of the Housing and Community Development Act of 1974, as amended, the Age Discrimination Act of 1975, and the Rehabilitation Act of 19731 and all implementing regulations. 2. The Training, Frolovment,_and Contracting Opportunities for Business and a) The work to be performed under this Agreement is on a project assisted under a program providing direct federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. section 3 requires that to the greatest extent feasible, opportunities for training and employment be given lower income residents of the project area and contracts for Work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. b) The parties to this Agreement will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractural or other disability which would prevent them from complying with these requirements. c) The Grantee will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a- notice advertising the said labor organization or worker's epresentative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. d) The Grantee will include these Section 3 clauses in every contract and subcontract for Work in connection with the project and will, at the direction of the State, take appropriate. action pursuant to the contract upon a finding that the Grantee or any contractor or subcontractor is in violation of regulation: issued by the Secretary of Housing and Urban Development, 24 CFR Part 135 and, will not let any contract unless the Grantee or contractor or subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. City of San . Luis Obispo'`_ #87 -STBG -233 `7)ATTTACffiMENT D Page 2 of 2 e) Compliance with the provisions of Section 3, the regulations set forth In 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of the Agreement shall be a condition of the federal financial assistance provided to the project, binding upon the Grantee, its successors, and assigns. Failure to fulfill these requirements shall subject the Grantee, its contractors and subcontractors, its successors, and assigns to those sanctions specified by the grant or contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. 3. State Nondiscrimination Clause: a) During the performance of this contract, the recipient, contractor and its subcontractors shall not deny the contract's benefits to any person on the basis of religion, color, ethnic group identification, sex, age, physical or mental disability, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religion, colory national origin, ancestry, physical handicap, mental disability, medical condition; marital status, age or sex. Contractor shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. b) Contractor shall comply with the provisions of -the Fair Employment and Housing Act (Government Code Section 12900 et seq.), the regulations promulgated thereunder (California Administrative Code, Title 2, Section 7285.0 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, .Title 2 of the Government Code (Government Code .Sections 11135- 11139.5) and the regulations or standards adopted by the awarding State agency to implement such article. c) Recipient, contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. d) The contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract. 4. Assurance of or with Construction Grantee hereby agrees to place in every contract and subcontract for construction exceeding $10,000 the Notice of Requirement for Affirmative Action to ensure Equal Employment Opportunity (Executive Order 11246), the Standard Equal Opportunity Clause, and the Standard Federal Equal Employment Opportunity, Construction Contract Specifications. Grantee furthermore agrees to insert the appropriate Goals and Timetables issued by the U.S. Department of Labor in such contracts and subcontracts. Grantee shall refer to Chapter V of the State CDBG Grant Management Manual or shall contact the State for further guidance regarding compliance with this requirement. _City of San Luis Obispoc ACHMENT E #87 -STBG -233 Page l of 3 Other.Reouired Federal Provisions 1. Flood Disaster Protection: This Agreement is subject to the requirements of the Flood Disaster Protection Act of 1973 (P.t. 93 -234). No portion of the assistance provided under this Agreement is approved for acquisition or construction purposes as defined under Section 3(a) of said Act, for use in an area identified by the Secretary as having special flood hazards which is located in a community not then in compliance with the requirements for participation in the national flood insurance program :pursuant to Section 201(d) of said Act; and the use of any assistance provided under this Agreement for such acquisition or construction in such identified areas in communities then participating in the national flood insurance program shall be subject to the mandatory purchase of flood insurance requirements of Section 102(a) of said Act. Any contract or agreement for the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Agreement shall contain, if such land is located in an area identified by the Secretary as having special flood hazards and in which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4001 et see., provisions obligating the transferee and its successors or assigns to obtain and maintain, during the ownership of such land, such flood insurance as required with respect to financial assistance for acquisition. or construction purposes under Section 102(s) of the Flood Disaster Protection Act of 1973. Such provisions shall be required notwithstanding the fact . that the construction on such land is not itself funded with assistance provided under this Agreement. 2. Lead-Based Paint Hazards: nie construction or rehabilitation of residential structures with assistance provided under this Agreement is subject to the HUD Lead - Based Paint regulations, 24 CFR Part 35. Any grants or loans made by the Grantee. for the rehabilitation of residential structures with assistance provided under this Agreement shall be made subject to the provisions for the elimination of lead -based paint hazards under subpart B of said regulations, and the Grantee shall be responsible for the inspections and certifications required under Section 35.14(f) thereof. 3. Compliance with Air and Water Acts: This Agreement is subject to the requirements of the Clean Air Act, as amended, 42 USC 1857 et sue., the federal Water Pollution Control. Act, as amended, 33 USC 1251 et se q., and the regulations of the Environmental. Protection Agency with respect thereto, at 40 CFR Part 15, as amended from time to time. In compliance with said regulations, the Grantee shall cause or require to be inserted in full in all contracts and subcontracts with respect to any nonexempt transaction thereunder funded with assistance provided under this Agreement, the following requirements: City of San Luis #87 -STBG -233 Obispo ATTACHMENT E Page 2 of 3 a) A stipulation by the contractor or subcontractor that any.facility to be .utilized in the performance of any nonexempt contract or subcontract_ is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFit 15.20. b) Agreement by the contractor to comply with all the requirements of Section 114 of the Clean Air Act, as amended (42 USC 1857c -8), and Section. 308 of the federal Water Pollution Control Act, as amended (33 USC 1318), relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. C) A stipulation that as a condition for the award of the contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized or to be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. d) Agreement by the contractor that he will include or cause to be included the criteria and requirements in paragraphs a through d :of this section in every nonexempt subcontract and requiring that the contractor will take such action as the government may direct as a means of enforcing such provisions. In no -event shall any amount of the assistance provided under this Agreement be utilized with respect to a facility which has given rise to a conviction under Section 113(c)(1) of the Clean Air Act or Section 309(c) of the federal Water Pollution Control Act. 4. Obligations of Grantee with Respect to Certain Third Party Relationshios: The Grantee shall remain fully obligated under the provisions of the Agreement notwithstanding its designation of any third party or parties for the � ,e_r aki g of all or any part of the program with respect to which assistance is being provided under this Agreement to the Grantee. Any Grantee shall comply with all lawful requirements of the State necessary to ensure that the program with respect to which assistance is being provided under this Agreement to the Grantee is carried out in accordance with the State's Assurance and Certifications, including those with respect to the assumption of environmental responsibilities of the State under Section 104(h) of the Housing and Co+mm.ty Development Act of 1974. 5. Interest of- Certain Federal Officials:. No member of or delegate to the Congress of the United States, and no resident commissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise from the same. City of San Luis Obispo,,,, - #87 -STBG -233 6. Interest_ of Members, Officers, or QTTACHMENT E Page 3 of. 3 of Contractors, Members of No member, officer, or employee of the Grantee, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercise any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for Work to be performed in connection with the.program assisted under the Agreement. The Granteee shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this section. 7. Prohibition Against Payments of Bonus or Commission The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining BCD approval of the application for such assistance, or HCD approval of applications for MAi- tional assistance, or any other approval or concurrence of HCD required under this Agreement, .Title I of the Housing and Community Development Act of 1974, or HCD regulations with respect thereto; provided, however, that "reasonable fees or bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not, hereby prohibited if otherwise eligible as program costs. i V RESOLUTION NO. 6327 (1987 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING CONTRACT OF EMPLOYMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND DODIE WILLIAMS, BIA ADMINISTRATOR, FOR THE PERIOD OCTOBER 1, 1987 THROUGH DECEMBER 31, 1988 BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the contract of employment between the City of San Luis Obispo and Dodie Williams as BIA Administrator for the period October 1, 1988 through December 31, 1988, attached hereto as Exhibit "A" and by this reference made a part hereof, has been reviewed and is approved and the Mayor is authorized to execute the same. On motion of Councilman Settle , seconded by Councilwoman Doves_, and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Rappa and Mayor Dunin NOES:.None ABSENT: Councilman Griffin the foregoing Resolution was passed and adopted this 15th day of September, 1987. OR RON DUNIN ATTEST: rl'—u 'b CITY ERK PAMELA VOGE APPROVED: City A ministrative Officer City At rney Personnel Director R 6327 C CONTRACT OF EMPLOYMENT THIS CONTRACT is entered into this 15th day of September, 1987, by and between the CITY OF SAN LUIS OBISPO, State of California (hereinafter referred to as "City "), and DODIE WILLIAMS, a contract employee (hereinafter referred to as. "Employee "). WITNESSETH.: WHEREAS, the City of San Luis Obispo has a need to hire an employee for a special project for which the continued funding or need for the project is too uncertain to create a permanent classification; and WHEREAS, Employee is qualified to perform such service for City; and WHEREAS, the services to be contracted for are BIA Administrator. NOW, THEREFORE, the parties do mutually agree as follows: 1. Employment. City hereby engages Employee and Employee hereby agrees to perform for City the services hereinafter set forth for the compensation hereinafter set forth, all pursuant to the terms and conditions herein. 2. Scone of Services. Pursuant to this Contract, Employee shall provide to City the following services: Administrator for the Downtown Parking and Business Improvement Association (BIA); specific duties and responsibilities to be established and modified from time to time by the BIA Advisory Board. Employee shall perform said services under the direct supervision of BIA Advisory Board. 3. Employment Status. Employee shall be a full -time employee. Employee understands and agrees that she is not, and will not, be eligible for membership in any benefits from any City group plan for hospital, life, dental or medical insurance. Membership in the City PERS retirement 0 ( r program shall be in accordance with PERS requirements with the Employee's share to be paid by Employee. Employee shall accrue holiday and sick leave benefits consistent with other positions in the City and as determined by the Personnel Director. Employee shall accrue 8.00 hours of vacation per month over the term of this Agreement which shall be taken in a manner consistent with other City employees. The only other paid benefits are workers' compensation insurance and unemployment insurance. Employee shall be eligible for reimbursement for mileage at a rate of $0.20 per mile for use of her private automobile for official business but not including any mileage attributable to normal commuting by Employee to and from her office. Employee understands and agrees that she is not entitled to be paid a prevailing wage, nor is entitled to be paid compensation comparable to a classified City employee performing similar work, but that the compensation received herein is a negotiated wage to be paid for the services to be performed. Employee understands and agrees that her term of employment is governed only by this Contract; that no right of tenure is created hereby, and that she does not hold a position in any department or office of the City. 4. Warranty of Employee. Employee warrants that she is properly certified and licensed under the laws and regulations of the State of California to provide the services herein agreed to. -2- - _J 5. Compensation. City shall pay to Employee as compensation in full for all services performed by Employee pursuant to this Contract, the sum of $3,000 per month ($36,000 per year), said compensation to be paid in accordance with normal City procedures. During the effective term of this Contract, the maximum number of billable hours which Employee shall devote to the performance of the services enumerated herein shall not exceed forty (40) hours per week. 6. Term of Contract. This Contract shall commence on October 1, 1987 through December 31, 1988, unless terminated earlier as provided herein. The City Administrative Officer may terminate the contract without the need for action, approval or ratification by the City Council. 7. Termination of Contract for Convenience. Either party may terminate this Contract at any time by giving to the other party fifteen (15) days' written notice of such termination, specifying the effective date of such termination. Employee shall be paid for all work satisfactorily completed prior to the effective date of such termination. Employee agrees that the notice provisions of this paragraph shall limit the liability of the City in the event that a termination action taken by City pursuant to paragraph 8 is subsequently found to be improper. 8. Termination of Contract for Cause. If Employee fails to perform her duties.to the satisfaction of the City, or if employee fails to fulfill in a timely and professional manner the obligations under this Contract, or if Employee shall violate any of the terms of provisions of this Contract, or if Employee has a physical or mental incapacity that -3- precludes Employee from performing the duties,.or if Employee fails to exercise good behavior in either during or outside of working hours which is of such a nature that it causes discredit to the City or impairs her ability to perform these contract duties, then the City shall have the right to terminate this Contract effective immediately upon the City's giving written notice thereof to Employee. Employee shall be paid for all work satisfactorily completed prior to the effective date of such termination. 9. Entire Agreement and Modification. This Contract constitutes the entire understanding of the parties hereto. This Contract supersedes all previous contracts, agreements, negotiations or understandings, whether written or oral, between the parties. Employee shall be entitled to no other benefits than those specified herein, and Employee acknowledges that no representations, inducements or promises not contained in this Contract have been made to Employee to induce Employee to enter into this Contract. No changes, amendments, or alterations hereto shall be . effective unless in writing and signed by both parties. Employee specifically acknowledges that in entering into and executing this Contract, Employee relies solely upon the provisions contained in this Contract and no others. 10. Non - Assignment of Contract. This Contract is intended to secure the individual services of the Employee and thus Employee shall not assign, transfer, delegate, or sublet this Contract or any interest therein without the prior written consent of City, and any such assignment, transfer, delegation, or sublet without the City's prior -4- �I O written consent shall be considered null and void. 11. Covenant. This Contract has been executed and delivered in the State of California, and the validity, enforceability and interpretation of any of the clauses of this Contract shall be determined and governed by the laws of the State of California. All duties and obligations of the parties created hereunder are performable in the City of San Luis Obispo, and such City shall be that venue for any action, or proceeding that may be brought, or arise out of, in connection with or by reason of this Contract. 12. Nondiscrimination. There shall be no discrimination against any person employed pursuant to this contract in any manner forbidden by law. 13. Conflicts of Interest. The employee shall not participate in any decision related to this Contract which affects her personal interest or the interest of any corporation, partnership, or association in which she is directly or indirectly interested. 14. Copyright. Any reports, maps, documents or other materials produced in whole or part under this Contract shall be the property of the City and shall not be subject to an application for copyright by or on behalf of Employee, without the prior written approval of the City. 15. Outside Employment Conduct and Behavior. a. Employee may engage in outside activities such as part -time teaching, consulting, or in other similar activities unrelated to City business only with the express prior approval of the City Administrative Officer. b. Employee shall comply with all local and state requirements regarding conflicts -of- interest and shall avoid personal involvement in situations which are inconsistent or incompatible with the position of BIA Administrator or give rise to the appearance of impropriety. -5- n 16. Enforceability. If any terms, covenant, condition or provision of this agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. IN WITNESS WHEREOF, City and Employee have executed this Contract on the day and year first hereinabove set forth. CONCUR: City At Fiylance Director Personnel Director -6- CITY OF SAN LUIS OBISPO By: .4.iw� YOR RON D EMPLOYEE: (Name) I �.r 0 RESOLUTION NO. 6326 (1987 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING MATCHING FUNDS FOR THE PURCHASE OF CHRISTMAS DECORATIONS WHEREAS, the City, the Business Improvement Association (BIA) and the Citizens for a Festive Christmas Downtown support Christmas decorations downtown; and WHEREAS, the Citizens for a Festive Christmas Downtown has offered to seek contributions for the purchase of Christmas decorations; and WHEREAS, the BIA has agreed to equally match any funds raised for Christmas decorations. NOW, THEREFORE, BE IT RESOLVED as follows: Section 1. The City Administrative Officer is authorized to contribute up to $5,000 to equally match any funds collected by the Citizens for a Festive Christmas Downtown for the purchase of Christmas decorations. On motion of Councilman Settle, seconded by Councilwoman DoveX_ and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Rappa and Mayor Dunin NOES: None ABSENT: Councilman Griffin the foregoing Resolution was passed and adopted this 15th day of September , 1987. —tea WNIMR RON DUNIN Attest: Q--�ul !!j City Clerk Pamela Vo s Approved: — S City A migistrative 1 er City ttorney iActor of Finance R 6326 7"" RESOLUTION NO. 6325 0 (1987 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DECLARING CERTAIN PERSONAL PROPERTY AS SURPLUS BE IT RESOLVED by the Council of San Luis Obispo as follows: SECTION 1. That the City Council herein declares that all items of personal property listed in Exhibit "A" attached and incorporated herein by reference shall be surplus property. SECTION 2. That the sale of such property is hereby authorized. SECTION 3. That the disposal of such property not salable at auction shall be authorized at the direction of the Finance Director. On motion of Councilman Settle , seconded by Councilwoman Dovey , and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Rappa and Mayor Dunin NOES: None ABSENT: Councilman Griffin The foregoing Resolution was passed and adopted this 15th day of Sept. , 1987. ATTEST: CITY C RK PAMELA VOGE OR RON DUNIN R 6325 TFAR'TtUF IT? DESCRIPTION GOOD 400I.NG MACHINE ELGIN. 1 SOW TRMACRISER D_3 WATER SgEa7ER TAIW F F—E175 1 ARE V*E Tara ai a 1 SE4`1 BRAY TANG S E'S I OLD STEAM CI.E*F 51, r75 1 x`14"1 EnGNE S1RE-TS 1 WWI[ 5_ 15 30 NATO GAS TANS STRE- 7S 1 REMIhGTON/RW AWING WHIT E 1 VCR =! C RIC aWIw MACHINE :D7J 1 TOSHIBA FIEOTRIC CkUATOR NOT ?LNNiNG '. Flcr BACK OFFICE CL AIR STS 1 40 CA—H ON TACK 15. PORTAU 9'R.AY COMP? 1_ 5 1 Sllk Da CHAIR S`T 1 9ARING TOO_ STN'S 1 GEASE LLGE CAN -71 TS 1 5-0 S'kIPER 22-8- V01"X',DJ- 1-IR -1 CLAP Y LEC R.0 ADD!'4: WHINE mEEZ 1SI+K .pt: 34PPE7 -'t: -�X{ Aa kT IEATtk • �_ . 2 71K wjK ARRN BOARDS Sing 'C?_ 2 10" r=— F_Y V41 S .iN&. 5"rs_ :2" 3L- _77 v Al-vF SIBS ax: : u` -QUZ L VA 1F LN1N1d� CDP RACK PILE. WCs. 4 i T )fA5 ItSTRIJETv 5 C4clf ATOP =4F(S 3_ACt 3 'EK= 7 1/4" 51111 SAW FARTS 1 KOFLca ROTOT�=K =AWE 7 C'AtN� 51�` aW nIg?4:FS Gry = 1 TORO FIVE GAr,G 'A�,ER ;a'D F JC�1kN -��IacRATOR G "•_= S. €tip COM£RCi4 GAS RANK NC; CA5 ;K -TS R IIE- 1 Fyn'•. +.. - • z��ryryyy``ppn.T In T—T nir - - �JIiJ:'�U J� f���y- '��pJ�: ARP_1 aM._ I' LEAtOP V� WA K•.__n _AEI -ihE DRYM, CV-\ WAT.TRT.- -:nr--. : MOTOROLA R4^i0 El.IialEnl- 44' —1 ?_n' -_: C Ts. sax 9N- -CN' 7 C_pv 4A7 11h �11 SURPLUS EQUIPMENT Cm NO. I.D. Khp' EXHIBIT A 1/2 corn:Tlrn Oo�nR. BROKEN sRpCEN 10466 "`DA 112450,J67281 =AIR 315159 10415 7314ER21 -F FAIR 18-151- 9519453 =AIR 66025 m 0416 GOOD GW _0 LEE a!v}; :D7J NOT ?LNNiNG 6373594 DO ' R.T =pIR 36940 -!i :;"�"=30R nW- oft 060965_ 22-8- V01"X',DJ- 1-IR -1 :Tk- IPT . <`ANinG lrcr .pt: =A1R 1 }� rATK LN1N1d� -AIR r� r la .- JvIN(1„ti L INT A RAIQ TYx 31 rM K IGOY 117F A-05 "LAIN DRAIN VALVE SINiE FLATED CAGE VALV KEYS 9 icK. INCORRECT TOTa S. MLKI MOTOR CE KX OF :RR- _4, NO LONG L4.'" 9 "Ar ^i4, i�Q9N CJ i7, Ci IPWrX Mn PA�F NOS W'iilC v I X ;a' :AWTS �;ARF) TO T -TAN. NED3 J'Fd FARTS *-ATj TO OBTAIN FV FOSI'IOn �v C£'ICA jN NEE, ;F EUIRIT "Alt SURPLUS EQUIPMENT. EXHIBIT A 2/2 PLANNING i FILING CABINET 14 x FAIR R! 1WJ11G i IBM SP FCTRIC T�'wRIT-7E 150,44 =AIR PLANNING 1 0 Sit~Emic II TYPEWi 7, Wig FAIR PLANNING 1 CARD FILE ANNI.M1G 1 W L-CM 7-4M COVA WIiS&5(R�"' -=,N5 FAIR -154T PMr BROKEN PLANNING 1 CRAIG c4 LATcp AMING i DjCTAP•X Tj�E "OAS ER F4jR PLOT NG 2 TcEW I%7RLPEM RENrLPRE. FAIR PLANNING 2 IBM BASIC VIA NEW °AWING 3 IBM RJIDE TO UIRATIONS NEW a ANNING i MICRCFISH REAR M6 FAIR 3ROKcN FI FE CA?R1ER PLANNING 1 TELEVIOEO 410 TERMINAL 1414E BAD MONITOR 3Lii -LOM .1. a P ! 91 P CA C;147,OR X98 GOOD "aNJA S, CASE, XTRA 9ATT� MD C�PAffR BIILDIPG 1 PRINJ1FRfCR CDLClAT7t i57Z3 TI PC-109A GOOD MAJkLS FOR T. 1. 58/59 C4C. 311L3ING 2 WN I ,T NT PLAN RACK W/CLAVPS GOOD EACH RACK HOLDS 6 PLANS BUILDING 2 SECRETA!?Y'S NIR. GOOD 3-AC( FFRA"E W/ GREEN IPCL. SEMI== 6 BROLN SWBEL CHAIRS FAIR PREMIER 4 LARGE BW STRAIGHT BACK WIRE FA7R PREMIER 1 LARGE 3w 300-1 CHAIR .-AIR PREMIER 1 Ow STRAIV BACK C-IAIR FAIR PRMiRE 1 BLACK SJI�E DESK CHAIR FAIR PREMIER 2 GEN SWIV? DESK CHAIRS FAIR PREMIER 1 BLACK S= CRETARIAL 0-AIR =AIR P€M:ct GREEN acCRST4R[AL ��:? FAIR FREMIER 1 GREEN DRAFTING CHAIR =AIR ?R MTE7 i BROLN DRAFTING CHAIR FAIR OFMIER 2 3W SIDE CWRS FAIR PREMIER 2 BACK DR. CPAIRS 7AI; E"IIER 'WA?C1 TABLE i1 GOOD 59°0 76 "y 3,�„ PREM1_k WOOD TABLE AIR "V 7211YRTl11 PREMIER 1 MIPMAFN MACHINE I.e1ER 2 ROYAL MANIAL TrX- VITER5 FAIR 3M TFE"Lg COPIER PREMIER 1 DIGITAL VT100 MONITOR PREMIER 1 DIGITAL POTII DISC DR F PRtTiIER I STANDAfID /JONW COIN COUNT. Win'. GOOD ?REMIER 2 VISLA 30D TERMINAL FTREMLK 1 IBM 3741 DATA STATION n f_t i WOOD DESK 'GOOD 45» ;P,1r I M:TPL TAB_ GOOD -i24,:Y; „Y5J',, PREMIER 1 TLC DRA49 LATERAL FILE ?REMIER 1 TABLE .,mD w21"x1T "Yh1y PREMIER 1 LIOCO TABLE FAIR w2D'y I 60'x;-7” PREMIER 1 WOOD - 9-E =AIR 36uY16,,,Y " PREMIER 1 FOLP DRA4ER METAL FILE CABI E- GOO" 1!!- SIZE PREMIER i FOLDING PING 00% TABLE PAIR 5'X9' 09EMIE7,7e 1 PING POND TAB :;r7tli_< 1 WOOD STING TABLE G>nC 0JJy72,1 PREMIENR 2 Ei OF GLASS CABINET DOS GOCn PREMIER 1 TTAi ;= TABLE =AIR P�!iER 1 MICROFiC-E R=A7�a FAIR PREMIER 1 944PP CAL CU ATOP =AIR �� ���tc� �/�