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HomeMy WebLinkAbout04/03/2007, C7 - NEW LEASE AGREEMENT WITH THE HISTORICAL SOCIETY FOR THE PROPERTY LOCATED AT 696 MONTEREY STREET (CA council Mwi°°D= A ti16 2007 j acEnaa RepORt �N CITY OF SAN LUIS OBISPO FROM: Shelly Stanwyck, Assistant CAO?W Prepared by: Brigitte Elke, Principal Administrative Analyst SUBJECT: NEW LEASE AGREEMENT WITH THE HISTORICAL SOCIETY FOR THE PROPERTY LOCATED AT 696 MONTEREY STREET (CARNEGIE LIBRARY) CAO RECOMMENDATION Rescind the current lease agreement and approve a new. 20-year (with a potential 20-year extension) lease agreement with the Historical Society for operation of the County Historical Museum at the Carnegie Library and authorize the Mayor to execute.the Agreement. DISCUSSION Background For almost 50 years, the City maintained a lease with the County that allowed the original Carnegie Library to be used as the County Historical Museum. The County, in turn, had an agreement with the San Luis Obispo County Historical Society to operate the museum. In 2000 the City completed a $1.3 million renovation to the building in order to bring the building up to various standards, including seismic requirements and those of the Americans with Disabilities Act. Based on past maintenance issues with the County and to assure proper care of the newly renovated property, City staff worked with the County and representatives of the Historical Society to develop a new property lease directly between the Historical Society and the City. County staff, in turn, agreed to recommend the renewal of its agreement with the Historical Society that addresses standards for the museum's program in return for an operational subsidy from the County. The renewal covered a period of 20 years, with an option to extend for an additional 20 years. That agreement was approved by the Board of Supervisors on April 10, 2001. Consequently, in April 2001 the City entered into a lease agreement with the Historical Society for the lease of the property at 696 Monterey Street. The initial lease agreement was entered into for five years, with the option to extend for 15 years, and subsequent five-year increments up to 40 years. New Lease Agreement and Approved Extension The first five years of the agreement ended in April 2006 and, in mutual agreement of both parties, a lease extension needed to be executed. Upon review of the original extension clause, and to increase flexibility, staff suggested the first extension term be changed from 15 years as originally stated to five years. The agreement would then be extended for additional five-year periods up to 40 years in total. The lease would effectively expire in April of 2041. The C -7-1 Council Agenda Report—Historical Society Lease Page 2 Historical Society agreed to this change. It was further agreed on that all utility service accounts associated with the Historical Society's operations be updated to reflect the Historical Society as the sole recipient of service and the party solely responsible for payment. On October 17, 2006, Council approved the lease terms as mentioned above and the lease extension was executed. All utility service accounts were transferred into the Historical Society's name and they have been the party responsible since. Proposed Revision to Allow Grant Applications by the Historical Society In February, 2007, staff received a letter from the Historical Society, requesting a change to the current lease agreement. Their Board of Directors has been exploring sizeable grant opportunities to fund the museum operation and found that, in order to qualify, these types of grants are contingent on property ownership or at least 20-year lease agreements (with a 20-year extension option) with the property owner. The Society's Board of Directors is therefore requesting that the lease agreement be changed to satisfy these grant stipulations for future grant opportunities. In order to provide the Historical Society with a proper agreement to attach to grant application, staff proposes to rescind the old agreement and enter into a new lease agreement altogether. Since the current lease agreement allows for eight five-year lease terms, the change to an agreement with two 20-year periods would not alter the possible duration of the lease tremendously. The current agreement is set to expire in April 2041. The new agreement would terminate in April of 2047. In addition, the museum and thus San Luis Obispo's citizens at-large would greatly benefit from possible grant money to improve the current museum operation. FISCAL IMPACT The lease requires a $1.00 per year rent from the Historical Society, consistent with other leases with non-profit organizations such as the San Luis Obispo Little Theater and the Children's Museum. The yearly rent will not be affected by the change in lease duration. As part of the consideration to extend the City's current lease of the Carnegie Library to the Historical Society, staff has estimated the fair market rent value in order to provide a comprehensive picture of the value extended. In consultation with the City's Economic Development Manager we have determined appropriate rent ranges, based on appraisals of comparable space, as follow: Library Square Footage Low Ran-c for Iii-hRan-efor Downtown Dommtown Location Location 4,724 $1.50 per sq.ft $2.30 per sq.ft Monthly Rent Value $7,086.00 $10,865.20 Yearly Rent Value $85,032.00 $130,382.40 20-year Lease Term Value $1,700,640.00 $2,607,648.00 0 Council Agenda Report—Historical Society Lease Page 3 The City will continue to assume the maintenance of the building as agreed upon in the original lease agreement, since the annual cost to the City is small compared to the potential repair expense that could occur from improper maintenance of a historically significant building with new, sophisticated systems. ALTERNATIVE The Council could choose to deny the new agreement and continue with the currently signed and executed lease extension. This would effectively prevent the Historical Society from competing for available grant funding. ATTACHMENTS 1. Vicinity Map 2. Proposed Lease Agreement with Exhibits 19• �.� . O 1 O o co O Q r n on •rid cop ,0 Flo 6' A Nr f � �9 CD orF.Y.HI3Ii A 0000h..Al $ Luis OBISp0 VICINITY MAP 990 Palm Street San Luis Obispo. CA 93401 !" 7--�l • ARACHMENT z LEASE AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO HISTORICAL SOCIETY FOR USE OF CITY PROPERTY AT 696 MONTEREY STREET This lease agreement is entered into this day of 2007, between the City of San Luis Obispo (herein referred to as "City") and the San Luis Obispo County Historical Society, a non-profit organization (herein referred to as "the Historical Society"). WITNESSETH WHEREAS, the City is the legal owner of the property located at 696 Monterey Street in the City of San Luis Obispo as shown on Exhibit A ("the Premises"); and WHEREAS, the City has allowed the Historical Society to operate a history museum on the Premises since November 1954; and WHEREAS, the City considers continued use of the Premises by the Historical Society to be in the public interest and an appropriate complement to Mission Plaza and its activities; NOW, THEREFORE, in consideration of the mutual covenants, conditions, promises, and agreements herein set forth, the City and the Historical Society hereby agree to the following terms and conditions for use of the Premises: TERMS 1. Use of the Premises. The City will allow the Historical Society to use the Premises to operate a history museum for the term of this agreement. 2. Purpose of Agreement. The Historical Society agrees to lease the Premises and to develop and operate a history museum on the Premises for the term of the lease. The City shall have no obligation for development, or operation of the proposed museum. Any costs incurred for development, or operation of the museum shall be the sole responsibility of the Historical Society. 3. Term of Agreement. The term of this agreement shall commence upon execution by both parties for the purposes outlined in the Purpose of Agreement and shall extend for a period of twenty (20) years upon the mutual agreement of the parties. Provided all terms of the agreement continue to be met, the parties may then agree to an additional twenty (20) year term not to exceed a total of forty (40) years from the C �s commencement of this agreement. The Historical Society shall submit any notice of interest in an extended term in writing no less than six (6) months prior to termination of the base term of the lease agreement. The term of this agreement shall be subject to the termination provisions of Paragraphs 14 and 15. 4. Extent and Condition of the Premises. The Historical Society shall accept the Premises "as is" and the City makes no warrantee on the condition of the Premises, the suitability of the Premises for the Historical Society's intended use, the duration that the Premises may be safely occupied, or the availability of alternate facilities. Should any occurrence (such as fire, earthquake, flood or the need to repair, improve or use the Premises) necessitate closing the Premises or a portion of the Premises to the public, the Historical Society shall have no recourse to the City for any loss incurred. 5. Rent. In recognition of the benefits the Historical Society provides the community, the City agrees to provide the Historical Society with the use of the Premises for$1 per year, payable on the anniversary date of this agreement each year. 6. Cost of Operations. The Historical Society shall bear the entire cost of its operations on the Premises, including all utility bills (including, but not limited to water, sewer, electricity, trash, etc.) and any taxes and fees related to its occupancy of the Premises, including, but not limited to possessory interest taxes, if any. The cost of dedicated phone lines to the elevator and sprinkler alarms and monthly monitoring fees for the elevator and fire alarm systems will be paid by the City and are not included in the definition of utility expenses. 7. ADA Compliance. The Historical Society agrees to comply with the requirements of the Americans with Disabilities Act in all its programs and services. 8. Maintenance by the City. The City agrees to perform all "craft maintenance tasks" and repairs as defined in Exhibit B. 9. Maintenance by the Historical Society. The Historical Society agrees to perform all "housekeeping tasks", as defined in Exhibit C, as well as any routine repairs. The Historical Society also agrees to perform all "landscape maintenance tasks" as defined in Exhibit D for all landscaped property, including the entire bank on the parking lot side of the building. 10. Maintenance Inspection. Formal inspections, involving representatives of the City of San Luis Obispo and the Historical Society, shall be implemented to ensure that all housekeeping and landscape maintenance is performed to the standard of the City of San Luis Obispo for all its buildings. Inspections shall occur quarterly, within the first week of each quarter. The City of San Luis Obispo shall assume responsibility of rescheduling maintenance inspections. A copy of the inspection shall be provided quarterly to the County of San Luis Obispo. /7,�e 11. Failure to Properly Perform Maintenance. Should the Historical Society fail to properly perform all housekeeping and landscape maintenance tasks to the standards of the City of San Luis Obispo, the City, after notice to the Historical Society and a reasonable opportunity for corrections, may, at its sole discretion, elect either to assume the responsibilities and charge the Historical Society for the direct costs incurred to perform the tasks with City employees or contractors or terminate the lease for cause pursuant to Paragraph 14. 1 12. Alterations to the Premises.. The City shall be notified before any alterations are made to the Premises. Alterations shall include affixing anything to the walls or ceilings or running any surface wiring for phones or other purposes. No alterations of any kind shall be made to the ceiling and decorative trim of the ceiling at the top of the stairs. The Historical Society shall comply with all applicable City requirements, all applicable building codes and the Americans with Disabilities Act in making any alterations to the building's structural, electrical, plumbing, interior and/or exterior systems and finishes. Any alterations must also be consistent with the historical character of the Premises and must be approved by the City's Cultural Heritage Committee. 13. Parking Spaces. As part of this agreement, the Historical Society is authorized to use two parking spaces in City parking lot#9 for staff or volunteers. 14. Termination of this agreement by City. The City reserves the right to terminate this agreement without cause by notifying the Historical Society in writing six (6) months prior to terminations, should the City need the property for official City business. Additionally, should the agreement between the Historical Society and the County of San Luis Obispo for operation of the County Historical Museum cease, this agreement shall also be terminated, unless the parties mutually agree that it should remain in effect. Upon termination, all improvements shall become the property of the City or the Premises shall be delivered free and clear of all improvements. Each of the terms, covenants and conditions of this lease are mutual and dependent, and any breach of any of the said terms, covenants or conditions shall constitute grounds for the termination, cancellation or forfeiture of this lease. 15. Termination of this Agreement by the Historical Society. The Historical Society may terminate this agreement by notifying the City in writing six (6) months prior to termination. If the Historical Society exercises this option, all permanent improvements (excluding removable exhibits specifically related to operation of the museum) shall become the property of the City. 16. Labor Code Requirements. The Historical Society 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 throughout the term of this agreement. 17. Non-discrimination of Lessee. There shall be no discrimination against or segregation of any person or group of persons on account of race, religion, sex, sexual orientation, national origin, age, physical, mental or economic status in the construction, operation, lease, use, occupancy, tenure or enjoyment of the Premises or the improvements thereon, or any part thereof, and the Historical Society, or any person claiming under or through it, shall not establish or permit any such practice of discrimination or segregations with reference to the construction of improvements to the Premises, or the selection, location, number, use or occupancy of employees, contractors, subcontractors, laborers or material-persons, tenants, lessees, subtenants, sub-lessees, invitees or vendees of the Premises or the improvements thereon, or any part thereof. The Historical Society shall not restrict access or use of the Premises or the improvements thereon, or any portion thereof, on the basis of race, religion, sex, sexual orientation, national origin, age, physical, mental or economic status of any person. 18. Relationship of Parties. Under this agreement, the City shall be solely and exclusively a lessor, and the Historical Society shall be solely and exclusively a lessee. The Historical Society shall not be considered a partner, agent, officer, or employee of the City. The Historical Society's officers, members, affiliates, volunteers, employees and independent contractors shall not be considered agents, officers or employees of the City. 19. Assignment. The Historical Society shall not assign this agreement to another party without the City's prior written consent. 20. Subrogation Waiver. The City and the Historical Society release and relieve each other and waive their entire rights of recovery against each other for damage from perils, covered by their property insurance, whether due to the negligence of the City, the Historical Society, or their respective agents, officers, employees or guests. 21. Proof of Insurance. The Historical Society shall provide proof of insurance in accordance with the requirements established in Attachment E. 22. Indemnification. The Historical Society shall indemnify and hold harmless the City, its officers, agents, and employees against: A. Any and all claims and demands which may be made against the City, its officers,agents or employees by reason of any injury or death of any person �— O 0 or corporation caused by any act or omission of the Historical Society under this agreement or of the Historical Society's employees or agents; B. Any and all damage to or destruction of the property of the City, its officers, agents, or employees, occupied or used by or in the care, custody, or control of the Historical Society, or in proximity to the site of the Historical Society work, caused by any act or omission of the Historical Society under this agreement; C. Any and all claims and demands which may be made against the City, its officers, agents, or employees by reason of any injury to or death of or damage suffered or sustained by an employee or agent of the Historical Society under this agreement, however caused, excepting, any such claims or demands which are the result of the sole active negligence or willful misconduct of the City, its officers, agents, or employees; D. Any and all claims and demands which may be made against the City, its officers, agents or employees by reason of infringement or alleged infringement of any trademark or copyright rights or claims caused by the use of any apparatus, appliance, or materials furnished by the Historical Society under this agreement; and E. Any and all penalties imposed or damages sought on account of the violation of any law or regulation or of any term or condition of any permit, when said violation of any law or regulation or of any term or condition of any permit is due to an act or omission on the part of the Historical Society. The Historical Society, at its own costs, expense, and risk shall defend any and all suits, actions, or other legal proceedings that may be brought against or for employees on any such claim or demand of such third persons, or to enforce any such penalty, and pay and satisfy any judgment or decree that may be rendered against the City, including attorney's fees and costs, its officers, agents or employees in any such suit, action, or other legal proceeding, when same were due to an act or omission of the Historical Society. 23. Enforcement Costs and Attorneys' Fees. The prevailing party in any action between the parties to this agreement, brought to enforce the terms of this agreement, may recover from the other party its reasonable costs and attorneys' fees in connection with such an action. 24. Entirety and integrity of this Agreement. This document represents the entire and integrated agreement between the City and the Historical Society. This document supersedes and negates all prior negotiations, representations, agreements and amendments, either written or oral, regarding the Premises and the operation of a history museum on the Premises. Both parties also recognize that some issues may not have been C / — / 0 anticipated or addressed herein, and that changes to the agreement may be warranted. This agreement may only be amended upon written consent of both parties. HISTORICAL SOCIETY President CITY OF SAN LUIS OBISPO Mayor Attest: City Clerk Approved as to form: City Attorney � a A` m co v � e GOO 40 0 19 too tio . O �R Z (_ 'o, T O'arya �� Opp on or > Y O iii Isp ZIP all /f d *sem s 4 S � CD� J� v Or EM131i A � S US VICINITY MAP 990 Palm Street San Luis Obispo, CA 93401 � �� *xhibit B Outsourced and Preventative Craft Maintenance Task List To be provided by Public Works Building Maintenance Division MONTHLY TASKS: Fire and Burglar Alarm Monitoring Service Elevator Monitoring Service OUARTERLY TASKS: HVAC Service Pest Control Service Lighting and Electrical Maintenance ANNUAL TASKS: Roof and Gutter Maintenance Drain and Sump Maintenance Fan and Motor Maintenance Handrail Painting Lock and Door Hardware Maintenance Fire Maintenance FIVE YEARS: Relamping Termite Inspection Fire Sprinkler Certification TEN YEARS: Lighting Ballast Replacement General Statement of Duties General Craft Maintenance is for repair and maintenance of the existing structural and functional features of the main building. It covers all "landlord" specific property that is owned by the City as part of the overall property at 696 Monterey as existed prior to move in by the Historical Society at the completion of the restoration project that was completed as of January 2001. Building Maintenance staff are available to the Historical Society on request for any craft related repairs as needed in addition to the-pre-;scheduled preventative maintenance work they will be performing on the building through each year:;Building Maintenance staff will also be available on request to act in a consultative capacity for purposes of helping plan and insure proper preparation of,the structure for improvements the Historical Society wishes to pursue on their own. Craft maintenance service does not cover requests involving new construction from the Historical Society or work involving purchase, placement or maintenance of Historical Society property. Requests for work affecting the structure or grounds that is not driven by normal preventative or scheduled maintenance needs, wouldneed to be submitted to City Administration by the Historical Society to be approved for inclusion as part of the normal budget or Capital Improvement Project process. � ��z iEXHIBIT C Hous�eeping Maintenance Task List DAILY TASKS (not including Saturdays. Sundays, and City holidays): Report Problems(3.a) Empty and Clean Wastebaskets and Trashcans (3.b) Empty and Clean Ashtrays (3.c) Clean and Disinfect Drinking Fountains (3.d) Clean Lobby Counters (3.e) Clean Window and Door Glass at Entrances(3.1) Remove or report Graffiti(3.m) Sweep Sidewalks,Patios, and Exterior Foyers (3.n) Vacuum and Spot Clean Carpets(3.p) Wet Mop Floors (3.u) Disinfect Restroom Doors, Door Frames,Door Hardware, and Switchplates(4.a) Refill Restroom Dispensers (4.b) Disinfect Restroom Countertops (4.c) Disinfect Restroom Sinks(4.d) Clean Restroom Mirrors (4.e) Disinfect Interior Restroom Walls,Partitions, and Floors (4.g) Disinfect Toilets and Urinals (4.i) Correct or report Minor Plumbing Problems (4.n) Refill Breakroom Kitchen Dispensers (5.a) Disinfect Breakroom Kitchen Countertops (5.b) Disinfect Breakroom Kitchen Sinks (5.d) Clean Microwave and Conventional Ovens (5.e) Clean and Arrange Tables and Chairs (5.g) WEEKLY TASKS: Clean Doors, Door Frames, Door Hardware, and Switchplates(3.i) Clean Window Blinds (3.j) Clean Interior Walls (3.1) Polish Resilient Floors (3.v) Dust Furniture (3.z) Scrub Interior Restroom Walls,Partitions, and Floors (41) Descale Toilets and Urinals(4.j) Clean Breakroom Kitchen Cabinets (5.c) Clean Refrigerators (5.1) MONTHLY TASKS: Dust Ceilings (3.y) Polish Brightwork(4.o) OUARTERLY TASKS: Scrub and Recoat Resilient Floors (3.w) Wash Window and Door Glass (3.g) Bonnet-Clean Carpets (3.q ANNUAL TASKS: Strip and Recoat Resilient Floors(3.x) Dust Wall and Ceiling Fixtures(3.aa) Exhibit.D Landscape Maintenance Tasks General Description of Work. Landscape maintenance performed by the Historical Society("the Lessee") shall include litter control,walkway maintenance, irrigation operations and maintenance,pest control, turf maintenance, groundcover maintenance, shrub and shrub bed maintenance,and tree maintenance. The intent of this attachment is to describe a high level of maintenance that will present a pleasing appearance at all times and protect exterior areas from deterioration. 1. Litter Control. A. Ground Litter. The Lessee shall pick up all litter. B. Posted Material. The Lessee shall remove all posters, flyers, signs, and advertisements including staples,tacks,nails,and tape that are attached to trees,poles,and any other structures. C. Disposal of Gathered Litter and Material. Disposal of collected litter shall be at the Lessee's expense. 2. Walkway Maintenance. A. Litter Control. The Lessee shall remove all trash,weeds, and foreign objects from walkways. The Lessee shall then remove all trash,weeds and foreign objects from the site. B. Blow Pack Use. In the downtown area,blow packs may be used between 7:00 a.m. and 10:00 a.m. In residential areas blow packs may be used between 8:00 a.m. and 5`.00 p.m. All litter swept with a blow pack shall be picked up and removed from the site. Because of inherent noise and dust problems,the Lessee shall display courtesy and consideration towards citizens and businesses whenever a blow pack is used. C. Washing. Washing walkways shall not be permitted unless:specifically authorized by the City's representative. D. Pruning. In addition to the specified scheduled pruning,the Lessee shall prune shrubs and groundcovers whenever necessary to keep walkways clear and to maintain pedestrian safety. 3. Irrigation Operations and Maintenance... A. Manual Irrigation. The Lessee shall manually irrigate vegetation as required to maintain proper plant growth. This manual irrigation shall'include.watering..withhoses;hose bibs;quick couplers, nozzles,and sprinklers furnished by the Lessee. Manual'irrigation may be required:in addition to,'in conjunction with,or in the absence of automatic.irrigation: The Lessee'$hall'irrigate.at times of the day that shall ensure maximum plant health and minimum inconvenience for people using the area.' As much, as practical the Lessee shall avoid water runoff onto roadways,walkways and'other hard surfaces. B. Water Conservation. All manual irrigation schedules shall comply with any watering restrictions imposed by the City of San Luis Obispo Utilities Department during drought conditions. When the Utilities Department has imposed wateringrestrictions;the Lessee shall consult with the City's representative to determine the best allocation of available water,considering plant species,time of year, location,and other environmental factors. Each week the Lessee shall monitor the effects of manual C�-�y irrigation. During periods of officially declared water use restrictions,the Lessee shall report each month the amount of water used at each work location. C. Automatic Irrigation Operation, The Lessee shall operate all automatic irrigation systems. Automatic irrigation shall normally take place during night or early morning hours. During rainy periods the Lessee shall shut off all irrigation controllers. At the completion of a rainy period,the Lessee shall turn on and reprogram the controllers. The Lessee shall program automatic controllers for seasonal water requirements. D. Automatic Irrigation Inspection and Repair. By definition automatic irrigation systems shall include controllers,backflow devices,remote control valves and boxes, gate valves, quick coupling valves,main lines, control wiring,lateral lines, fittings and hose bibs, and vandal-proof enclosures. The Lessee shall perform regular irrigation system inspections and repair any equipment from the ground lateral up, including sprinkler heads,risers,drip emitters, and tubing. The Lessee shall report any other irrigation problem to the City as soon as noted, including particularly any repairs needed for irrigation controllers.The Lessee shall manually irrigate an area as needed while an irrigation controller is being repaired 4. Pest Control. A. Protection of Vegetation. The Lessee shall control and eliminate weeds, insects, rodents, and diseases that harm vegetation. In performing this pest control work,the Lessee shall use only materials and methods that will not harm the vegetation. B. Pesticide Application Licenses.and Permits. The Lessee and its employees and sub contractors shall have and maintain all required permits and licenses required by the State of California before applying any pesticide. C. Pesticide Acceptability. Any pesticide used shall be selected from the list approved by the State of California Department of Pesticide Regulations. 5. Turf Maintenance. A. Mowing. The Lessee shall mow turf in a workmanlike manner that ensures a smooth surface without scalping or leaving excessive cuttings. For turf mowing the Lessee shall use a reel-type_ mower equipped with rollers or a rotary-type mower. All mowing equipment shall be adjusted to the proper cutting heights and sharpened adequately. Mowing height shall be two inches for all turf areas. Immediately before each mowing,the Lessee shall remove all litter and trash from turf areas. Immediately after each mowing,the Lessee shall clean all adjacent walkways. B. Mechanical Ed¢ing. The Lessee shall edge all turf borders to leave a neat,uniform line and eliminate all grass invasion into adjacent areas. The Lessee shall also edge around other obstacles within turf areas to leave a neat,well-trimmed appearance;and.to allow optimum operation of sprinkler heads. When using string trimmers the Lesseeshall take care to protect trees and shrubs from damage. Power edgers with rigid blades shall leave a well-defined v-shaped edge that extends into.the soil. C. Chemical Edging and Detailing. The Lessee may apply edging chemicals around areas such as planters,building walls,trees, fence lines, and sprinkler heads. Before applying chemicals,the Lessee shall trim all areas to the proper height C �-�S D. Fertilizing. The Lessee shall fertilize all turf areas four times a year, the turf shall be fertilized in March,June, September and December Following application, fertilizer shall be thoroughly watered into the soil within 24 hours. The turf fertilizer shall be a complete fertilizer with a ratio of 4-1-2. The Lessee shall evenly broadcast the fertilizer at a minimum rate of one pound actual available nitrogen per 1,000 square feet of turf area per application. E. Weed Control. The Lessee shall maintain turf areas in a weed free condition. The Lessee shall also perform any additional weeding necessary to keep the turf free of weeds. This additional weeding may be performed by hand or by using selective herbicides. 6. Groundcover Maintenance. A. Edging. The Lessee shall mechanically edge all groundcover areas. The primary purpose for edging the groundcover shall be to prevent it from growing onto walkways,roadways, hard surfaces, fences,and walls. B. Fertilizing. The Lessee shall fertilize all groundcover areas .Where the specified fertilizing frequency is two times a year,the groundcover shall be fertilized in April and September. Following application, fertilizer shall be thoroughly watered into the soil within 24 hours. The groundcover fertilizer shall be a complete balanced low release fertilizer with a ratio of 12-12-12. The Lessee shall evenly broadcast the fertilizer at a minimum rate of ten pounds per 1,000 square feet of groundcover area per application. C. Weed Control. The Lessee shall maintain groundcover areas in a weed free condition. This weeding may be performed by hand or by using selective herbicides. 7. Shrub and Shrub Bed Maintenance A. PruninIZ. The Lessee shall prune all shrubbery.The primary purpose for pruning the shrubbery shall be to encourage healthy and attractive growth according to prescribed industry practices. Such pruning shall encourage the graceful,natural growth of the shrub and shall maintain plant health through removal of dead,diseased,or injured wood. The secondary purpose for pruning the shrubbery shall be to prevent it from growing onto walkways,roadways,and other hard surfaces. Where the specified pruning frequency is two times per year,the shrubs shall be pruned in the spring and fall. When required,the Lessee shall remove dead shrubbery. B. Fertilizing. The Lessee shall fertilize all shrub areas. Where the specified fertilizing frequency is two times a year,the shrubs shall be fertilized in April and September.Following application; fertilizer shall be thoroughly watered into the soil within 24 hours.The shrub fertilizer shall be a complete balanced low release fertilizer with a ratio of 12-12-12. The Lessee shall evenly broadcast the fertilizer at a minimum rate of ten pounds per 1,000 square feet of shrub bed area per application. C. Weed Control. The Lessee shall maintain all shrub beds in a weedfree condition. This weeding may be performed by hand or by using selective herbicides. When weeding is completed,.the Lessee shall rake the shrub beds clear of all leaves and debris. 8. Tree Maintenance. A. Pruning. The Lessee shall prune and maintain all trees behind the sidewalk. Street trees will be the responsibility of the city. o • B. Staking. The Lessee shall make staking repairs to all trees as required. Repairs shall include replacing or repairing ties, and refastening boards and braces. 9. Task Frequencies. A. Removing litter:once every week B. Cleaning walkways: once every week C. Mowing turf: once every week D. Edging turf: once every other week E. Edging groundcover: once every month F. Controlling weeds in groundcover: once every month G. Controlling weeds in shrub beds: once every month H. Fertilizing turf: once every three months I. Controlling weeds in turf: once every six months J. Fertilizing groundcover: once every six months K. Fertilizing shrubs: once every six months L. Pruning shrubs: once every six months. 7-/7 0 EX�A\151-' t= Section E INSURANCE Operation & Maintenance Contracts The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor, its agents,representatives, employees or subcontractors. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.. 3. Employer's Liability: $1,000,000 per accident for bodily injury or disease. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees, agents or volunteers. 2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. The Contractor's insurance shall apply separately to each insured against whom claim is trade or suit is brought, except with respect to the limits of the insurer's liability. -20- ���� Q 0 4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than ANN. Verification of Coverage. Contractor shall furnish the City with a certificate of insurance showing required coverage. Original endorsements effecting general liability and automobile liability coverage are also required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. -21- / ��9 GML:w ® Co—w-" l Page 1 of l REG�ED h bCg Jis — ,�I«� APR 0 31001 ® COUNCIL L9 CDD DIR 12 CAO E FIN DIR Hooper, Audrey SLO CITY CLERK ATTORNEY 91 FIRE IRHIEF ® POLICE CHF From: Elke, Brigitte ❑ DEPT HEADS 23 REC DIR Sent: Monday,April 02, 2007 5:13 PM 91 IL-kW e ® uTIL DIR 2 Pkblr�oL I HR DIR To: Carter,Andrew Cc: Mulholland, Christine; Romero, Dave; Settle,Allen; Brown, Paul; Hampian, Ken; Hooper,Audrey Subject: Craft Maintenance Cost for Old Carnegie.Hall RED FILE Attachments: Documentpdf MEETING AGENDA Good afternoon Andrew, DA'T'E 4-3-01 ITEM attached please find a copy of the estimated annual cost for maintenance of the old Camegie Library. The Historical Society is responsible for janitorial and landscape maintenance tasks. The City pays for craft maintenance. I hope this answers your questions. Please let me know, should you need any additional information. The information will be available as a red file. Sincerely, Brigitte Brigitte Elke Principal Administrative Analyst City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Tel. 805 781-7151 4/2/2007 0 0 Estimated Annual Cost of Maintenance Old Carnegie Library (County Historical Society Museum) Annual Labor Annual Labor Hourly Fre- Contract Hours Fre- Hours Labor Annual quency Cost Req'd quency Req'd Cost(1) Cost Housekeeping Tasks Janitorial Maintenance Daily 2.0 260.0 520.0 $53.97 $28,064.40 Janitorial Maintenance Weekly 1.0 52.0 52.0 $53.97 2,806.44 Janitorial Maintenance Monthly 1.0 12.0 12.6 $53.97 647.64 Carpet Extraction Yearly 32.0 1.0 32.0 $53.97 1,727.04 Window Cleaning Yearly 32.0 1.0 32.0 $53.97 1,727.04 Subtotal Housekeeping $34,972.56 Craft Maintenance Tasks Lighting and Electrical Maintenance Quarterly 4.0 4.0 16.0 $61.47 $983.52 Roof and Gutter Maintnenanoe Yearly 4.0 1.0 4.0 $61.47 245.88 Drain and Sump Maintenance Yearly 2.0 1.0 2.0 $61.47 122.94 Fan and Motor Maintenance Yearly 4.0 1.0 4.0 $61.47 245.88 Handrail Painting Yearly 8.0 1.0 8.0 $61.47 491.76 Lock and Door Hardware Maintenance Yearly 16.0 1.0 16.0 $61.47 983.52 Relamping Five Years 16.0 0.2 3.2 $61.47 196.70 Lighting Ballast Replacement Ten Years 16.0 0.1 1.6 $61.47 98.35 Fire and Burgler Alarm Service Monthly $100.00 12.0 1,200.00 Elevator Service Monthly $250.00 12.0 3,000.00 HVAC Service Quarterly $200.00 4.0 800.00 Pest Control Service Quarterly $100.00 4.0 400.00 Fire Maintenance(?) Yearly $2,500.00 1.0 2,500.00 Termite Inspection Five Years $150.00 0.2 30.00 Fire Sprinkler Certification Five Years $2,000.00 0.2 400.00 Subtotal Craft Maintenance $11,698.56 Landscape Maintenance Tasks Grounds Maintenance Daily 0.5 260.0 130.0 58.72 $7,633.60 Grounds Maintenance Weekly 2.0 52.0 104.0 58.72 6,106.88 Irrigation Maintenance Monthly 4.0 12.0 48.0 61.87 2,969.76 Turf Aerification and Restoration Quarterly 4.0 4.0 16.0 61.87 989.92 Tree Trimming Yearly 16.0 1.0 16.0 61.87 989.92 Subtotal Landscape Maintenance $18,690.08 Total All Maintenance $65,361.20 (1) Includes salary, benefits, and indirect costs