HomeMy WebLinkAbout07/01/2008, C5 - PARK RESTROOM REPLACEMENTS PROJECT-LAGUNA LAKE AND SANTA ROSA PARK RESTROOMS counat Mfi,
July ] 2008
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CITY O F SAN LUIS O B I S P O
FROM: Jay Walter, Public Works Director]
Prepared By: Bridget Fraser, Engineer IIIA/,/
SUBJECT: PARK RESTROOM REPLACEMENTS PROJECT — LAGUNA LAKE AND
SANTA ROSA PARK RESTROOMS
CAO RECOMMENDATION
1. Appropriate $58,057 in approved State grant revenue to the project budget
2. Authorize the transfer of $58,000 from the project construction account to the project design
account to provide for Laguna Lake and Santa Rosa restroom design fees.
3. Award a Purchase Order to BFGC Architecture in the amount of $34,620 for restroom design
services for Laguna Lake Park
4. Authorize the Finance Manager to execute the Purchase Order.
DISCUSSION
In December 2004,the City entered into an agreement with the Department of Justice to bring various
city facilities into compliance with federal ADA regulations. The two Laguna Lake Park restrooms
and the Santa Rosa Park restroom were among the various facilities identified for compliance
upgrades. Given the condition and age of these restrooms and the extent of the remodeling required to
bring them into compliance, it was determined that these structures were.not suitable for remodeling
and should be replaced. Replacement of these three restrooms was approved as part of the 2007-09
Financial Plan.
In January 2008, BFGC Architects, the City's on-call architect, provided a proposal for the design of
the two Laguna Lake Park restrooms. A purchase order was issued for the first phase of work which
was to provide schematic designs and preliminary cost estimates for the two restrooms. The
schematic plans are currently under staff review and will be scheduled for Parks and Recreation
Committee review in the near future. Once schematic design phase is complete, the architect will
move forward with the final phase - finalizing the design and estimates and providing construction
documents for bidding.
The estimated project costs shown below in the Fiscal Impact section are based on preliminary
estimates generated as part of the schematic design phase for just the Laguna Lake Park restrooms.
As shown, the updated project costs are significantly higher than the current budget. Based on this,
the current budget can support the design costs for all three restrooms and is anticipated to support
the construction costs for two of the three restrooms; however, additional funds will be required for
construction of the third restroom.
Staff recommends moving forward with final design and construction of the Laguna Lake Park
restrooms and moving forward with the design of Santa Rosa Park restroom. RRM Design Group,
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Park Restroom Replacement Project Page 2
another of the City's on-call consultants, has been assigned the design for the Santa Rosa restroom
as well as the design for an upcoming playground project adjacent to the restroom. These two
projects will require close coordination of the design and construction due to their proximity.
At this time, staff recommends deferring the construction of the Santa Rosa Park restroom for
approximately one year to coincide with the construction of the playground project. In the
meantime, additional funding for the restroom construction will need to be secured between now
and then. Possible funding sources include future CDBG allocations and/or the use of residual
funds from completed projects or additional funds allocated through the next budget cycle.
FISCAL IMPACT
The Park Restroom Replacements Project is identified in the 2007-09 Financial Plan on pages 3-
390 through 3-393 of Appendix B. Funding for this project comes from General Funds and
Community Development Block Grant allocations for the years 2005 and 2007. Additionally, a
State Workforce Housing Reward Program grant in the amount of $58,057 for Laguna Lake
restroom was obtained through the Department of Housing and Community Development and
needs to be appropriated into the project budget. The current funding and updated project costs are
as follows:
Funding Sources: Amount Total
CDBG Allocations -2005 &2007 $451,800
General Fund $173,200
Workforce Housing Reward Program Grant $58,057 $6839057
Estimated Project Costs:
Design Costs:
Laguna Lake Park Restroom Schematic Design Phase $22,440
Laguna Lake Park Restroom Construction Document Phase $34,620
Santa Rosa Park Restroom Design Allowance $50,000
Design Contingencies $9,940
Adv/Printing/Misc $1,000
$118,000
Construction Costs:
Laguna Lake Park Restooms $500,000
Santa Rosa Park Restroom $300,000
Contingencies @ 10% $80,000
Construction Management/Administration @ 15% $120,000
$1,000,000 $1,1189000
Estimated Shortfall. $4349943
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Park Restroom Replacement Project Page 3
Staff recommends completing the final design phase of the Laguna Lake restrooms by issuing a
Purchase Order to BFGC Architects in the amount of$34,620 for completion of the construction
documents.
As shown above the total estimated costs for design of the three restrooms is $118,000; however
the current budget for design is only $60,000. A Budget Amendment Request will be executed
transferring $58,000 from the construction account to the design account to support the total
estimated design costs.
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CITY O F SAN LUIS O B I S P O
FROM: John Callahan, Fire Chief
SUBJECT: EMERGENCY SERVICES CONTRACT WITH CALIFORNIA
POLYTECHNIC STATE UNIVERSITY (UNIVERSITY)
CAO RECOMMENDATION
Approve a five year contract (July 1, 2008 until June 30, 2013) with California Polytechnic State
University (University) for emergency response services to the University and authorize the
Mayor to execute the contract.
DISCUSSION
Background
The City and the University have a long history of sharing fire=protection services. Since 1993,
the contract between Cal Poly and the City of San Luis Obispo has been in effect and mutually
beneficial. The University receives a high level of fire and emergency medical response and the
City receives compensation that goes into the General Fund. In 1996, the original contract was
revised slightly and renewed for another five years. The contract was extended until July of 2003
when a new five-year contract was entered into. This contract is due to expire on June 30, 2008.
Current Situation
Since the contract was approved in 2003, many conditions, both within the City and at the
University have changed, including much added development on-campus. At the same time, the
new development is being built to a higher standard of fire prevention and protection. The added
students on campus will create added medical calls, offset somewhat by fewer students in the
community, depending upon enrollment. The City and the University have been in negotiations
for the past six months. During this time, the State's fiscal situation has gotten progressively
more bleak, and a variety of budget cuts are anticipated on campus. Staff has taken this into
consideration in working with Cal Poly on this agreement and striking a fair balance between
their fiscal pressures and our response requirements. It should be noted that if no agreement
were entered into, the City would continue to respond to fire calls if activated under the
provisions of our mutual aid agreement with the County. The City, however, would not respond
to medical calls, which would have to be handled in another fashion.
Contract Modifications
The new contract is modified from the original as follows:
1. The base payment for the first year (2008-09) of the new agreement will be $225,000. This
reflects an increase of$7,000 from the current contract annual payment amount is $218,000..
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Emergency Services Contract with Cal Poly Page 2
At the beginning of the second through the f fth year, fees will increase by changes in the
consumer price index (CPI) applied to the base payment, not to exceed 3%per year.
2. An additional contribution of $25,000 per year is being included for the second (2009-10)
through the fifth year. This is calculated by amortizing half of the cost of a new 100-foot
aerial ladder truck over its maximum 20 year life. The truck is necessitated, in part by the
increase in the height of the new Cal Poly student housing (Poly Canyon Village) and the
need to purchase equipment to provide an appropriate level of service.
3. In order to offset the time needed for additional responses and for familiarization with the
new buildings, the Fire Department will transfer responsibility to the University for the
following training:
• CPR and first aid to University Police Staff
• Automatic External Defibrillator to University Staff
• Fire Safety Training to University Staff
• Emergency Operations Center and Incident Command System to University Staff
4. The Fire Department will also transfer responsibility to the University for all fire hydrants in
the service area.
5. Either party may terminate the agreement during the 5 year period,with appropriate notice.
CONCURRENCE
The Human Resources and Finance & Information Technology Departments concur with this
agreement.
FISCAL IMPACT
As noted above, the revised base payment is $225,000 for 2008-09. Assuming a CPI increase of
3%, this will increase to $231,750 in 2009-10 plus $25,000 for amortization of 50% of the cost
of a 100-foot aerial ladder truck. (The current 75-foot ladder truck is scheduled for replacement
in 2009-10). This will result in a total payment of$256,750 in the second year of the agreement
compared with $218,000 in 2007-08. Combined with the reduction in services that we will to
provide to the University, this is a positive fiscal impact for the City while providing Cal Poly
with cost-effective fire services.
ALTERNATIVES
1. The Council could allow the contract to expire and not continue contracting for services to
the University. This is not recommended because of the mutual benefits of the contract for
both the University and the City.'This would also result in the loss of$250,000 annually in
General Fund revenue.
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Emergency Services Contract with Cal Poly Page 3
2. Council could direct staff to negotiate different terms of the contract. This is not
recommended because the current contract was a result of lengthy negotiations in order to
find the optimal "balance" for both entities.
ATTACHMENT
Proposed Agreement
G:/Council Agenda Reports/CAR-2008-Cal Poly Contract
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ATTACHMENT
AGREEMENT FOR FIRE RELATED EMERGENCY SERVICES
BETWEEN CALIFORNIA POLYTECHNIC STATE UNIVERSITY
AND THE CITY OF SAN LUIS OBISPO
THIS AGREEMENT is entered into on July 1, 2008, by and between California Polytechnic
State University, San Luis Obispo, California (hereafter referred to as "University") and the City
of San Luis Obispo (hereafter referred to as "City").
WITNESSETH:
WHEREAS, the University is desirous to have the City provide personnel, equipment,
materials, and supervision required to respond to structure and other hostile fires (a hostile fire
differs from a friendly fire, which bums in a place where it was intended to burn, such as one confined to a
fireplace or furnace)., medical emergencies, disaster response, and other agreed upon incidents on
the main campus of the University; and
WHEREAS, the San Luis Obispo City Council has authorized staff to negotiate the terms of
an agreement to provide such services to the University.
WHEREAS, the interests of the City and the University would be served by entering into this
Agreement.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services Components.
The City agrees to provide personnel, equipment, materials, and supervision required to
respond to structure and other hostile fires, medical emergencies, disaster response, and other
agreed upon incidents in the Service Area, which is the main campus of the University. The
specific services shall be more thoroughly outlined as follows:
Exhibit A - Services Performed
Exhibit B - Scope of Service
Exhibit C - Service Area .
Exhibit D - San Luis Obispo City and Cal-Fire Response to Incidents within
University Contract Service Area
All services shall be provided in compliance with applicable federal and state laws and
regulations, or in the absence of such laws or regulations, in compliance with recognized
performance standards for similar services. The City shall respond, within its capacity, to
provide services upon being notified by the University. Nothing in this Agreement shall be
construed to waive, limit, or impair any defenses or immunities available to the parties by statute,
at law or in equity, or otherwise in the performance of fire protection and emergency services
activities.
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2. Difference in Conditions
The University and City recognize differences in design, building and fire code
application in the City and on the campus. California State Fire Marshal has jurisdiction over
State property and is responsible for the compliance of facilities and operations with applicable
fire and safety codes as well fire safety design of facilities and supporting infrastructure. The
City of San Luis Obispo fire and emergency response resources have been designed to operate
within the City. Operations on the campus may be at a disadvantage when conditions such as but
not limited to accessibility, fire flows, hydrant locations, fixed fire protection systems, and
alarms systems are different than conditions within the City of San Luis Obispo.
3. Administration.
a. Contact Personnel. The City designates the Fire Chief or his/her designee as a single
point of contact for coordination of service to the University. The University designates the
University Police Chief or his/her designee as a single point of contact for the coordination of
services from the City.
b. Universitv. Herein "University" shall include the State of California, the Trustees of the
California State University, California Polytechnic State University, San Luis Obispo, all
Auxiliary Organizations, each of their officers, officials, employees, authorized
representatives, agents, directors, and volunteers.
C. Unified Command. In general, emergency operations on the University campus shall be
conducted through unified command between the City and the University.
d. Cooperation. To facilitate the performance of the services components (above), it is
hereby agreed that the City and University shall fully cooperate with each other, including but
not limited to the following:
(1) The University will cooperate with the City in assisting with the training of City
personnel for familiarization of, and access to, all facilities of the University.
(2) University employees, equipment, and supplies (such as trade persons, police,
hazardous materials technicians, heavy equipment, etc.) shall be available for assistance
to the City in mitigating emergencies.
(3) City personnel shall, upon identification of a life safety and/or fire hazard within the
service area, notify the designated University contact and/or 'University Police Watch
Commander. The City's Battalion Chief shall maintain close contact with the University
when the City is operating (emergency or non-emergency) on campus.
(4) The University will make every effort to notify City Dispatch (781-7312) of
changes in the following areas: access points, road conditions and closures (major
thoroughfares only), new buildings or changes in building use, major events and
significant changes in hazardous materials storage or use as soon as possible and will
confirm in writing.
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(5) The City will continue to advise and assist the University with issues; such as fire
prevention, water system, and hydrant maintenance. The City, when requested by the
University, will act as a Technical Specialist on hazardous materials and fire prevention
concerns.
e. Personnel Status. While involved in the execution of this Agreement, regularly
employed personnel of the City and the University shall remain employees of their
respective agencies, and shall remain subject to the rules and regulations of their own
agency in all matters of employment, including but not limited to benefits, medical and
life insurance, and worker's compensation insurance.
4. Compensation.
■ Total amount payable under this service agreement, for the first year, shall be $225,000
for the period beginning July 1, 2008 through June 30; 2009, payable by quarter in
advance.
■ From July 1, 2009 through June 30, 2013 the University will pay a fixed $25,000 per
year for the service level adjustment of a new 100 foot ladder truck with a 20 year useful
life. The City intends to order a new truck within 90 days following July 1, 2009. If the
order is not placed during that quarter, the quarterly payments on the $25,000 will start
during the quarter in which the City does order the new truck from the manufacturer.
• Additionally from July 1, 2009 through June 30, 2013 each year the University shall pay
to City a base rate of $225.000 plus an escalator that will increase annually by the
Consumer Price Index. All Urban Consumers (CPI-U) not to exceed 3%, which escalator
shall be applied every July 1 for the remainder of the term of this contract. The base for
computing the CPI-U is the U. S. city average as published by the U.S. Department of
Labor, Bureau of Labor Statistics (index) which is published for December prior to July
of each contract year.
In addition, the University will pay City at the end of each contract year for additional
services as defined in Attachment A section 71, for services requested and recieved by the
University.
5. Term
It is the desire of the University to form a long-term relationship with the City for fire related
emergencies. The term for this agreement shall be five years, commencing July 1, 2008 and
expiring June 30, 2013. Prior to the expiration of this contract, the parties agree to meet and
discuss renewal of this Agreement, if not sooner terminated as provided herein.
6. Reports
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The City will provide a copy of all reports dealing with emergency response to the campus,
and will provide quarterly reports of service provided to the University.
7. Termination.
Either party, upon the giving of six (6) months advance written notice, may terminate this
agreement.
8. Indemnification.
City shall defend, indemnify, hold harmless and protect the State of California, the Trustees
of the California State University, California Polytechnic State University, San Luis Obispo, all
Auxiliary Organizations, and each of their officers, officials, employees,. authorized
representatives, agents, and volunteers (the "University") from and against any and all cost,
damage, expense, liability, loss (including without limitation to costs and fees of litigation) of
every nature arising out of or in connection with City's (including any subcontractor, anyone
directly or indirectly employed by anyone for whose acts any of them may be liable) performance
of work hereunder or failure to comply with any of its obligations contained in the agreement,
except such loss or damage which was caused by the sole negligence or willful misconduct of the
University.
Nothing in the provisions of this Agreement is intended to create duties or obligations to or
rights in third parties not parties to this contract or affect the legal liability of either party by
imposing any standard of care respecting emergency services different from the standard of care
imposed by law.
It is understood and agreed that neither City, nor any officer or employee thereof is
responsible for any damage or liability occurring by reason of anything done or omitted to be
done by the University under or in connection with any work, authority or jurisdiction delegated
to the University under this Agreement: It is also understood and agreed that University shall
defend, indemnify and save harmless the City,all officers and employees from all claims, suits or
actions of every name, kind and description brought for or on account of injuries to or death of
any person or damage to property resulting from anything done or omitted to be done by the
University under or in connection with any work, authority or jurisdiction delegated to the
University under this Agreement except as otherwise provided by statute.
University shall defend, indemnify, hold harmless and protect the City, and its officers,
employees, representatives, agents and volunteers from and against any and all cost, damage,
expense, liability, loss (including without limitation to costs and fees of litigation) of every
nature arising out of or in connection with University's performance of work hereunder or failure
to comply with any of its obligations contained in the agreement, except such loss. or damage
which was caused by the sole negligence or willful misconduct of the City.
9. Insurance
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City shall provide financing for losses related to the performance of this contract to support
the City's obligation to defend, indemnify, and protect the University from losses including
claims for bodily injuries, personal injury, property damage and/or contractual liability which
may arise from or in connection with the products, performance of the work, and/or completed
operations of the work hereunder by or for the City.
City's financing for losses related to the performance of this contract shall be primary to any
financing of losses related to the City's performance of this contract by the State of California,
the Trustees of the California State University, California Polytechnic State University San Luis
Obispo, and each of their officers, officials, employees, authorized representatives, agents, and
volunteers, the ".University".
City agrees to look solely to its loss financing for recovery in the event of any losses for
which the City is held liable.
City agrees that any loss financing maintained by the University shall be excess and shall not
contribute to City's loss financing.
City shall at its expense purchase and maintain in full force and effect insurance coverage as
required by this section.
City's obligations to obtain and maintain all required insurance are non-delegable duties
under this contract.
City provided insurance shall be primary to any insurance of the State of California, the
Trustees of the California State University, California Polytechnic State University San Luis
Obispo, and each of their officers, officials, employees, authorized representatives, agents, and
volunteers, the "University".
If excess, the insurance shall stand in an unbroken chain of coverage excess of the City's
scheduled underlying primary coverage.
In either event, any other insurance maintained by the University shall be excess of the City's
insurance and shall not be called upon to contribute with it.
Insurance is to be placed with insurer(s) authorized to issue such insurance in the State of
California with current A.M. Best's rating of no less than A:VII, unless otherwise approved by
the University.
City shall submit to the University, certificates of insurance, original amendatory
endorsements and other documentation as required by this contract.
The University shall not by reason of inclusion as additional insured incur liability to the
insurance carriers for payment of premiums for such insurance.
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Required insurance and/or its successor policy must be in effect for the duration of the project
or lease and for extended reporting period(s) as required by this contract.
Insurance policy renewal documentation (endorsement and policy) shall be received by the
University a minimum of ten (10) working days in advance of the expiration date shown on the
current policy.
Failure of the City to maintain or renew ,coverage or to provide evidence of renewal or
successor policy may be treated by the University as a material breach of contract.
If the University is damaged by the failure of the City to provide or maintain the required
insurance, the City shall pay the University for all such damages.
The University reserves the right to review and approve of insurance provided by the City.
Approval of City provided insurance shall not limit the extent to which the City may be held
responsible for payment for losses including claims for bodily injury, personal injury, property
damage and/or contractual liability which may arise from or in connection with the products,
performance of the work, and/or completed operations of the work hereunder by or for the City.
The University reserves the right to approve of any deductible/self insured retention(SIR).
Any deductible or self insured retention (SIR) under any policy of insurance required shall be
City's liability.
At the discretion of the University, City shall submit proof of ability to fund deductible/SIR
and/or City shall reduce or eliminate such deductibles or self insured retentions that may apply to
the University.
City shall waive and cause to be waived the rights of subrogation against the University by
the City, subcontractors, insurance company or loss financing program which may assume
subrogation rights.
City shall ensure that its subcontractors are covered by insurance in the amount and type
required by this article.
City shall include all subcontractors as insureds under its policies or shall require separate
certificates and endorsements for each subcontractor.
Acceptance and review of subcontractor insurance documents is the responsibility of the
City.
City shall supply the University with a list of all subcontractors showing whether they have
individual insurance polices or are covered by the City's insurance.
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City shall certify that subcontractors .are either covered by City's insurance or that
Subcontractor's individual insurance meets the requirements of this article.
Any deficiencies in compliance with the requirements of this article found in any
subcontractor insurance shall be covered by the City's financing for losses.
Contract shall not be executed and no work shall commence until City has obtained all
insurance required and provided the required documentation that the insurance is in effect and
the University has approved such.insurance.
No subcontractors shall commence work on its subcontract until the insurance required of the
Subcontractor has been obtained and proof of insurance is accepted by the University.
The University reserves the right to require complete, certified copies of all insurance
policies, including endorsements effecting the coverage specified.
The University reserves the right to modify these specifications for the benefit of the
University.
In the event the City does not comply with these insurance requirements, the University may,
at its option, provide insurance coverage to protect the University. The cost of the insurance
shall be paid by the City and, if prompt payment is not received, may be deducted from contract
sums otherwise due the City.
Required coverage shall not extend to any indemnity coverage for the active negligence of the
University in any case where an agreement to indemnify the University insured would be solely
invalid under Subdivision (b) of Section 2782 of the Civil Code for construction contracts.
(construction contracts with public agencies)
Forms
University provided forms are preferred. Alternate documents submitted must comply with
all requirements, providing equivalent or better coverage as specified in this article.
All insurance certificates, endorsements, policies and claim forms required shall be submitted
to:
California Polytechnic State University
San Luis Obispo, CA 93407
Attn: Contract and Procurement Services
Certificates
City shall furnish University with original certificates evidencing required coverage.
Certificates shall include the following:
Name and Address of Agent/Broker
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Named and Address of Insured
Name of insurance company issuing each policy
A.M: Best's Rating and Financial Size for each company
Type of Insurance
Comprehensive or Commercial General Liability
Claims Made or Occurrence
Business Automobile Liability
Categories of autos covered and any additional coverage
Workers Compensation& Employer Liability
Partners, proprietor, executive ex/included
Excess or Umbrella Liability
Policy Number
Policy Period (start and end date)
Limits (Occurrence, Claim, Accident, Event, Injury, Disease, Aggregate)
Deductibles/ Self Insured Retention
Description and.Location of Operations and/or Property Covered
Agreement or Contract Number
Identification of interest(s) in property
Certificates shall state:
"The State of California, the Trustees of the California State University, California
Polytechnic State University San Luis Obispo, all auxiliary organizations,and each of their
officers, officials, employees, authorized representatives, agents,directors, and volunteers, the
"University"are designated as Additional Insured".
The Insurers named above agree that the insurance described above shall be primary as
respects the University, or if excess shall stand in an unbroken chain of coverage excess of the
City's underlying primary coverage. .In either event, any other insurance maintained by the
University shall be excess of this insurance and shall not be called upon to contribute with it.
The Insurers named above waive any right of recovery the Insurers may have against the
University when the insured has agreed to such waiver in writing prior to loss.
"Coverage described herein shall not be modified, changed or cancelled without thirty (30)
days advance written notice or cancelled for non payment without ten(10)days' advance written
notice to the University."
Certificate Holder:
California Polytechnic State University
San Luis Obispo, CA 93407
Attn: Contract and Procurement Services"
Certificates shall be signed by an authorized representative of the insurer and indicate
date of issue.
Endorsements
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City shall furnish original amendatory endorsements as required by the insurance
specifications in this article. In general, all endorsements shall include the following:
Name of Insurer
Policy Number
Endorsement Number
Type of Insurance Modified
Schedule:
"The State of California, the Trustees of the California State University, California
Polytechnic State University San Luis Obispo,.all auxiliary organizations, and each of their
officers, officials, employees, authorized representatives, agents, directors, and volunteers, the
"University"are designated as Additional Insured".
Signature of authorized representative
Address
Form Number, if any
The City shall provide the following General Liability coverage:
Primary insurance coverage against claims for injuries to persons or damages to property
which may arise from or in connection with the products and materials supplied to the
University.
Minimum limits - $5 million occurrence, $10 million aggregate
Coverage provided shall be at least as broad as: ISO Commercial General Liability,
Occurrence Form, CG 00 01.
Policy shall be endorsed to provide coverage at least as broad as ISO CG 20 10 1185.
Endorsement shall designate:
The State of California, Trustees of the California State University, California Polytechnic
State UniversitySan Luis Obispo, and each of their officers, officials, employees, authorized
representatives, agents and volunteers, the "University" as an Additional Insured.
Endorsement shall state this insurance shall be primary as respects the University, or if
excess, shall stand in an unbroken chain of coverage excess of the Named Insured's scheduled
underlying primary coverage. In either event, any other insurance maintained by the University
scheduled above shall be in excess of this insurance and shall not be called upon to contribute
with it.
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Endorsement shall state that Insurer named above waives any right of recovery the Insurer
may have against the University when the Insured has agreed to such waiver in writing prior to
loss.
Endorsement shall state that coverage shall not be cancelled, changed, or modified except
after thirty(30) days' advance written notice has been given to the University. (10 days advance
written notice for non-payment)
Endorsement shall state that coverage shall not extend to any indemnity coverage for the
active negligence of the University in any case where an agreement to indemnify the University
would be invalid under Subdivision(b) of Section 2782 of the Civil Code(construction contracts
with public agencies).
City to submit: University provided certificate and endorsements, or equivalent forms
acceptable to the University effecting required coverage.
The City shall provide the following Automobile Liability coverage:
Primary insurance coverage against claims with respect to liability arising out of automobiles
owned, hired or non-owned by or on behalf of the City.
Coverage shall include bodily injury, property damage, contractual liability, and
uninsured/underinsured motorist.
Minimum $ 5 million combined single limit
Policy shall be endorsed to provide coverage at least as broad as ISO Business Auto
Coverage Form CA 00 01 (owned, scheduled, non-owned, and hired autos) including coverage
for uninsured and underinsured motorists and contractual liability.
Endorsement shall designate:
"The State of California, the Trustees of the California State University, California
Polytechnic State University San Luis Obispo, all auxiliary organizations, and each of their
officers, officials, employees, authorized representatives, agents, directors, and volunteers, the
"University"are designated as Additional Insured".
As Additional Insured
Endorsement shall state that this insurance shall be primary as respects the University, or if
excess, shall stand in an unbroken chain of coverage excess of the Named Insured's scheduled
underlying primary coverage. In either event, any other insurance maintained by the University
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scheduled above shall be in excess of this insurance and shall not be called upon to contribute
with it.
Endorsement shall state that Insurer named above waives any right of recovery the Insurer
may have against the University when the Insured has agreed to such waiver in writing prior to
loss.
Endorsement shall state that coverage shall not be cancelled, changed, or modified except
after thirty(30) days' advance written notice has been given to the University. (10 days advance
written notice for non-payment)
City to submit: University provided certificate and endorsement or equivalent forms
acceptable to the University effecting required coverage.
The City shall provide the following Workers Compensation and Employer's
Liability Coverage
Primary insurance coverage against claims with respect to obligations imposed on the City
and subcontractor's by State workers compensation statutes and damages that the City becomes
legally obligated to pay because of bodily injury by accident or disease to an employee.
Minimum limits: amount proscribed by California law for Workers Compensation,
$1,000,000 for Employer's Liability.
Policy shall be endorsement to state that Insurer named above waives any right of recovery
the Insurer may have against the University when the Insured has agreed to such waiver in
writing prior to loss.
Endorsement shall state that coverage shall not be cancelled, changed, or modified except
after thirty(3 0) days' advance written notice has been given to the University. (10 days advance
written notice for non-payment)
City to submit: University provided certificate and endorsement or equivalent forms
acceptable to the University effecting required coverage.
10. Priorities
The University recognizes there will be priorities that will dictate the City's capabilities.
Subsequent to prioritizing emergencies based on life safety, the City will deliver available
resources to assist the University in its mitigation efforts. If additional emergency response
resources are needed, they will be accessed through the Mutual Aid system already in place.
11. Notices.
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ATTACHMENT
Any notice required to be given pursuant to.the terms and provisions hereof shall be in
writing and shall be sent by certified or registered mail to the
University at: City at:
William Watton John Callahan
Police Chief Fire Chief
California Polytechnic State University, San Luis Obispo City Fire Department
San Luis Obispo, CA 93407 2160 Santa Barbara Ave.
San Luis Obispo, CA 93401-5240
12. Agreement Contains all Understandings.
This document represents the entire and integrated Agreement between the City and the
University, and supersedes all prior negotiations, representations, or Agreements, either written
or oral. The Agreement may be amended only by written instrument, signed by both City and
University. All provisions of this Agreement are expressly made conditions. This Agreement
shall be governed by the laws of the State of California.
IN WITNESS THEREOF, City and University have executed this Agreement the day and
year first above written.
CALIFORNIA POLYTECHNIC
STATE UNIVERSITY
By:-)/
Y: -- -
Voorew
oberts
of Contracts and Procurement Services
CITY OF SAN LUIS OBISPO
By:
David F. Romero, Mayor
ATTEST:
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MENI
Audrey Hooper, City Clerk
APPROVED AS TO FORM:
onathan owell, Cityttorney
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ATTACHMENT A
SERVICES PERFORMED
1. Fire Suppression
City shall provide personnel, equipment, materials and supervision for suppression of structure
and other hostile fires on the main campus(Service Area)of the University, as available.
Fire suppression shall include those universally accepted activities, which bring an hostile fire
under control and render the property safe from further damage..
Fires to be suppressed shall include (but are not limited to): structure;rubbish, trash container,
automobile, vegetation adjacent to structure and other such fires which are evaluated from the initial
report to be of significance or beyond the capabilities of the University's response.
2. Extrication/Rescue Emergencies
City shall provide personnel, materials, equipment and supervision for emergency extrication of
students, faculty, staff, guests, and visitors on the main campus (Service Area) of the University, as
available.
Rescue includes: extrication of trapped persons from vehicles, machinery, cave-ins, structure
collapses, fire, and other significant situations, which may require assistance. The City will.provide
emergency medical treatment for rescue situations, as it is available.
The City's response to elevator problems will be limited to situations where the University has
determined that an emergency exists.
3. Fire Alarms
The University shall maintain all campus alarm systems. University personnel will evaluate a
reporting alarm prior to notifying City dispatch. The City shall respond one engine "Code 3" and one
engine "Code 2"to water flow alarms in buildings with sprinkler systems. The University will screen all
other alarms and will notify the City when confirmation is made that a fire or other emergency is in
progress or likely.
4. Pre-Hospital Emergency Care
University has established an Emergency Medical Dispatch (EMD) program that will determine
the priority of a medical emergency and provide pre-arrival instructions to the caller. The City agrees to
provide emergency medical support to the University for Priority One(ALS)type calls as outlined in the
EMD Program.
5. Hazardous Materials
City shall provide trained personnel as indicated by the Code of Federal Regulations 29 "First
Responder Capabilities" to the University, as available. it is the intent that the City will share in a
unified command of any hazardous materials incidents based on the availability of responding University
personnel.
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Response to the threat of or release of hazardous materials shall include: evacuation of affected
area, identification of substances, containment of substances, protective actions for people, environment
and property.
The University will provide technical support of qualified staff(within the University's capacity
and to the extent available) to assist the City with hazardous materials response. The City will provide
supplies and materials normally associated with first response. The University will arrange for hazardous
materials response beyond the capability of the City including the removal and disposal of the hazardous
material(s).
The City shall act, when required, as the University's representative on the San Luis Obispo
County Regional Hazardous Materials Response Team. The University will continue to participate on
the team during the term of the agreement. The City and the University will operate a unified command
on any hazardous materials emergency that should occur on the campus.
6. Disaster Preparedness
The University has developed and maintains at a high state of readiness, a multi-hazard disaster
response plan. Included in this plan is the establishment and operation of a University Emergency
Operations Center as well as annexes addressing the roles of operational units-of the University. The
Fire Department agrees to work cooperatively with the University in following, the University's disaster
plans as resources allow . The University shall provide to the City one copy of the University's disaster
response plan and annual updates.
7. Additional Services
Special non-emergency situations, not specifically covered in this Agreement, may arise that are
determined by the University to require resources beyond their capabilities. When requested by the
University, the City may provide, at its sole discretion, resources if available. The University will
compensate the City in accordance with the City Council adopted cost of services study, which is
annually adjusted by the Consumer Price Index.
The following are examples of Fire Department additional services that may be available
• flooding/storm response
• smoke removal
• electrical hazard
• bomb threats(not including Bomb Task Force) -
• pipeline ruptures/water control
• animal rescues
• special events/crowd control/civil disturbances
• non-emergency stand-by
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ATTACHMENT
ATTACHMENT B
SCOPE OF SERVICE
The San Luis Obispo City Fire Department will respond to the University as outlined below. The
San Luis Obispo Fire Department agrees that 90% of the time it will initiate response within 60
seconds of the request during day-time hours (0800-2000) and 90 seconds at night-time (2000-
0800).
1. First Alarm Assignment for the University
A standard "First Alarm" assignment for the University shall consist of 2 engines, 1
ladder truck and I Battalion Chief code 3 from the City and l engine code 3 from Cal-Fire. The
use of a move-up company to cover Fire Station One is required.
2. Reduced Assignment for the University
The incident being reported may not require a first alarm assignment and may, therefore,
require the dispatcher to send a reduced assignment to the emergency. Anything less than a first
alarm assignment is considered to be a reduced assignment.
3. Greater Alarm Assignments for the University
When an Incident Commander determines that the resources at hand may not be sufficient
to both alleviate the threat presented at the University and provide adequate coverage to the City,
s/he has an obligation to call for additional resources in a timely manner. This is especially
critical with "working" incidents on the campus and will typically require moving quickly to
greater alarm assignments immediately upon confirmation of a "working' incident. To facilitate
efficiency in assigning additional resources, this department has established pre-planned greater
alarm assignments and procedures.
4. Second Alarm Assignment for the University
A standard "Second Alarm" shaffconsist of:
■ Notification of the Fire Chief.
■ Call back of all off duty suppression personnel.
■ Dispatch a University public works representative to the Command Post.
■ Review the next alarm level in anticipation of a request by the Incident Commander.
■ Notification of Cal-Fire to alert the area coordinator; in anticipation of a request for
additional resources (Do not have them respond unless/until their assistance is actually
requested by the Incident Commander).
■ Notification of San Luis Ambulance Company and request a stand-by ambulance.
5. Third Alarm Assignment for the University
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If the emergency on the campus exceeds the capabilities of a second alarm assignment as
most large working structures fires will do, the Incident Commander shall request a third alarm
assignment.
The third alarm assignment draws upon the resources of various .fire departments
throughout the County. Pre-arranged Mutual Aid agreements exist to provide assistance to the
requesting agency. The Incident Commander should consider how quickly s/he needs the
additional resources. If the first strike team is needed immediately, because of their close
proximity to the University (e.g. E21, E12, C.M.C., etc.), they should be requested to respond to
the incident's staging area and form up as a strike team upon their arrival. Due to longer travel
distances of the second and third strike teams, it is best to request the mutual aid companies as a
group and have them respond as a task force or strike team. A task force or strike team will
automatically have a task force or strike team leader. Truck companies are always a special
request, as are any specialized equipment.
A standard "Third Alarm"assignment consists of:
■ All items inclusive of a"Second Alarm Assignment".
■ Call back of all Fire Department staff personnel.
■ One or more in-county strike team(s).
■ All requested mutual aid companies.will respond with minimal delay and operate on the
specified radio frequency (normally County Net until on scene).
6. Special-Call Assignment for the University
Once a First Alarm Assignment has been committed to an emergency at the University,
the Incident Commander may request additional companies in the following manner:
■ Request a Second or Third Alarm Assignment.
■ Request a "Special-Call Assignment"
Some incidents require specialized apparatus or personnel, either in place of, or in
addition to, a First, Second or Third Alarm assignment. Examples might be the need for
additional ladder trucks, a Hazardous Materials Response unit or a Mass Casualty Response unit.
An Incident Commander requiring such specialized resources will access them through City
Dispatch.
Resources outside of the City will be drawn from the County Emergency Command
Center (E.C.C). Once the City Fire Dispatcher receives a request for a special call assignment
from the Incident Commander for a non-city resource the following procedure shall be followed:
a. San Luis Obispo City Fire Dispatcher will call Cal-Fire via phone and have them notify the
Area Coordinator of a mutual aid request for an incident on the Cal Poly University
Campus.
b. Give nature of incident and location of incident.
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A° ACHMENT
c. List type of assistance required and quantity of units (do not request OES or local
government resources specifically—Area Coordinator will decide).
d. Give the name of the requesting Incident Commander.
e. State the urgency of the request; is it immediate need or1p anned need?
f. Request an ETA(Estimated Time of Arrival) of responding mutual aid units.
g. Give staging area location for the mutual aid units.
h. Request radio frequency for mutual aid resources and City resources to operate on the
incident (usually White 2 unless Incident Commander specifies otherwise).
7. Principles of Operation for the University
The on-duty Battalion Chief or a University Police Officer should be the only person(s)
responsible for reducing an initial assignment prior to Fire Department arrival. The first arriving
Engine Company Officer may reduce an assignment after their arrival and they have determined
it safe to do so.
The Fire Chief, Battalion Chief, Company Officer or Dispatcher may increase an initial
response assignment if there might be a need for additional companies immediately.
If the description of the call does not meet the criteria in the response guide and it is not
clear as to what should be sent initially, a first alarm assignment should be dispatched
immediately.
Departure from the standard response assignment is not recommended.
When dispatching engine companies the general rule should be: Send the engine
company assigned to the University (Engine-2). If another engine company is closer or the first-
due company is delayed, the closest engine should be sent.
8. Response Levels Specific to the University
University I"Alarm Assignment = 2 Engines, 1 Ladder Truck, 1 Battalion Chief
from City all code 3
1 Engine from Cal-Fire all code 3.
CODE TYPE OF INCIDENT RESPONSE PLAN
8 Fire, unknown type I51 Alarm Assignment
8A Fire Alarm (heat, smoke, pull) 1 eng. code 3
8AF Fire Alarm, Water Flow 1 eng. code 3, 1 eng. code 2
8F Fire, false alarm (not to be used with fire alarms) After incident#
8H Fire, electrical hazard I" Alarm
8I Fire, illegal bum 1 eng. code 2
80 Fire, Refuse/Trash threatening 15` Alarm
8P Fire, vehicle 1 eng. code 3
8R Fire, Refuse/Trash non-threatening 1 eng. code 3
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8S Fire, structure 151 Alarm
8W Fire, wildland (inside or outside core) 1 eng, 1 B/C code 3
Cal-Fire Response
8X Fire, train/railcar I" Alarm
8Z Fire, aircraft 151 Alarm
12 Emergency, not elsewhere classified I51 Alarm or Special call out
14 Medical emergency 1 eng. code 3
14B Medical assistance, non-emergency. ' I eng. code 2
14T Traffic accident, injuries (in Core area) I eng. code 3
14T Traffic accident injuries (outside Core area) 1 eng. code 3
1 eng. Cal-Fire code 3
48 Natural Gas leak outside I eng. code 3
48S Natural Gas leak inside 1 eng. code 3, 1 eng. code 2
53S Smoke check inside I eng. code 3, 1 eng. code 2
57 Fire reported out 1 eng. code 2, Notify Cal-Fire
83 Explosion I"Alarm
84M Hazardous materials threatening (State reportable) I51 Alarm
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ATTACIIANENT
ATTACHMENT C
SERVICE AREA
The area of service of this Agreement is described as the area bounded on the south by
the City of San Luis Obispo (Slack Street, Longview Avenue, Via Carta, Foothill Blvd.);
bounded on the west by the City of San Luis Obispo; out Highway 1 to the Cheda Ranch
Complex (included); to the north from the Cheda Ranch Complex to the Union Pacific Railroad
right-of-way to the Tartaglia Ranch southern boundary, along the base of the foothills to Poly
Canyon Road; and bounded on the east so as to include the facilities at the base of the foothills
(Poly Canyon Road, Klamath Road, Deer Road and Grand Avenue— including all structures and
parking areas) and also including those areas known.as Cerro Vista Housing, Poly Canyon
Village and the faculty/staff housing known as Bella Montana which is bordered on the east by
Highway 1, on the south by Westmont Street and on the north and west by City jurisdiction.
University properties not included in this agreement are outlying structures of the University
and wildlands non-contiguous to the main campus of the University. For example: Chorro Creek
Ranch, Serrano Ranch, Peterson Ranch and the structures up Poly Canyon.
■ Refer to Attachment C map of the Service Area including the "core area" to have a visual
understanding of how the Service Area is divided.
■ Refer to Attachment D for definition of the University "core area".
■ Refer to Attachment D for those areas that are identified to be outside the"core area".
20
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ATTACHMENT
ATTACHMENT D
SAN LUIS OBISPO CITY AND CAL FIRE RESPONSE TO
INCIDENTS WITHIN UNIVERSITY CONTRACT SERVICE AREA
1. Definitions
University"Core Area" Please see map in Attachment C
■ Includes student and faculty housing
■ East of city limits including Bella Montana
■ North of city limits from Highland Drive cross of Hwy. 1 to Grand Avenue cross of
Slack Street
■ West of Poly Canyon gate including Cerro Vista Housing
■ South of Highland Drive and Via Carta, including Poly Canyon Village
Outside "Core Area"-Please see map in Attachment C
■ North of Highland, and University "Core Area"
■ East of city limits
■ South of San Luis Obispo Treatment Plant, and Tartaglia property including the San
Luis Obispo Treatment Plant and Cheda Ranch
■ West of Via Carta
SLO City— San Luis Obispo City Fire Department
Cal-Fire- California Department of Forestry and Fire Protection and San Luis Obispo County
Fire Department
ECC—Cal-Fire/San Luis Obispo County Fire Department Emergency Command Center
2. Response Inside and Outside of"Core Area"
Structure Response Inside Core Area SLO City 1 Truck, 2 Engines& Battalion Chief
Cal-Fire I Engine
Structure Response Outside of Core Area SLO City 1 Truck,2 Engines& Battalion Chief
Cal-Fire 1 Engine& Battalion Chief
Wildland Response Inside of Core Area SLO City 1 Engine& Battalion Chief
Cal-Fire 1 Engine
Wildland Response.Outside of Core Area SLO City 1 Engine& Battalion Chief
Cal-Fire Appropriate Response per ECC
Note: Cal-Fire has jurisdiction by statute on
all State Responsibility Areas as defined in
PRC 4126 &4127. Cal-Fire does not give
up any jurisdictional responsibilities for
fires in SRA
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Medical Aid&Traffic Collision Response SLO City 1 Engine
Inside Core Area Cal-Fire No Response
Medical Aid&Traffic Collision Response SLO City 1 Engine
Outside of Core Area Cal-Fire I Engine
Vehicle Traffic Collision on Highway I in SLO City I Engine
Cal-Fire Response Area A36(Highway 1 Cal-Fire Response per Cal-Fire Response Plan
from Highland to Stenner Creek Road
Haz. Mat. Response Inside and Outside of SLO City I Engine or as appropriate per SLO
Core City Response Card
Area Cal-Fire I Engine or as Requested i
3. Fires on State Property
Cal-Fire Investigator or engine must respond to all fires on state property per Health and Safety
Code Section 13107.
4. Frequencies
Command
Inside Core Area - City Net
Outside Core Area- Wildland—As Determined by the ECC
All Other Incidents—City Net
Tactical
Inside Core Area - City Tactical
Outside Core Area- White 2 or 3 as Determined by ECC
5. Incident Command Responsibility
Inside Core Area - SLO City
Outside Core Area- Unified Command on All Incidents
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