HomeMy WebLinkAbout01/16/1990, C-7 - APPROVAL OF SPECIFICATIONS FOR TRAILER MOUNTED PORTABLE RESTROOM FACILITIES I�III�IIeNIIaIIIIIIiII��IIIIIII MEETING DATE
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COUNCIL AGENDA REPORT TEM NUMBER: • y
FROM:
David F . Romero Lane Wilso /1� Prepared by: David Pierce
Public Works Dir . Parks an gs Mgr . Projects Mgr .
SUBJECT:
Approval of Specifications for Trailer Mounted Portable
Restroom Facilities
CAO RECOMMENDATION:
Adopt a resolution approving specifications , authorizing
staff to advertise for proposals, and authorizing CAO to
award a contract if bids are within the Engineer ' s estimate
BACKGROUND:
The FY 1987-89 Financial Plan Capital Reinvestment Plan
identified the enlargement of the restroom at Mission Plaza as a
project that should be studied, designed and constructed. During
the study phase, it was determined that the existing restroom was
adequate except for during special events . It was also
determined that a similar need for larger restrooms during
special events exists at other parks and at Farmer 's Market . A
single trailer mounted facility could meet these needs plus could
provide restrooms at other locations for special events .
In February 1989 , proposals were received for a trailer mounted
facility. However , none of the proposals were acceptable. Since
that time, staff has made several contacts and revised the
requirements . These specifications are written to provide two
trailers. Each trailer will have four unisex restrooms with
flushing toilets. The trailers have water and sewage holding
tanks to support 150 uses per toilet . The units may be connected
to water, sewer and electrical power . When so connected, they
will provide extended service.
CONCURRENCE
In November 1989 , units similar to those shown on the attached
flyer were provided for inspection by Council Members , BIA
members , and City staff. Those who saw the units were favorably
impressed.
C--7 -1
������i�►ii���illllll u�i��ui� N city of san LLA,0 oB1spo
AIIIII COUNCIL AGENDA REPORT
Trailer Mounted Restroom Facility
Page 2
FISCAL IMPACT
Public Works Estimate $35 ,000 . - purchase two units, with tax
$14,00b . - future site work, sewer, water
& electrical connections
TOTAL $49,000 .
Funds for this purchase are available from the Mission Plaza
Reserve as approved in the Capital Reinvestment Plan on Page E-9
of the 1987-89 Financial Plan. All these funds remain as study
and design efforts have been accomplished by City staff .
3 , 000. Study
5 , 000 . Design
50,000 . Construction
58,000 .
RECOMMENDATION
Adopt a resolution approving specifications, authorizing staff to
advertise for proposals, and authorizing CAO to award a contract
if bids are within the Engineer ' s estimate .
Attachments : Resolution
Flyer with picture
Request for proposals ( copies are available for
review in the City Clerk' s Office)
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RESOLUTION NO. (1990 SERIES)
JA RESOLUTION OF THE COUNCIL OF THE
CITY OF SAN LUIS .OBISPO
APPROVING PURCHASE OF
PORTABLE RESTROOM FACILITIES
WHEREAS, the City Capital Improvement Plan for FY 1988-89
includes a project to enlarge the restroom facilities in the
Mission Plaza; and
WHEREAS, the City has determined that trailer mounted
portable restroom facilities would. provide the additional
restrooms needed for special events in the: .Mission Plaza and,
could also be used for special events at other locations; and
WHEREAS, the City has prepared Specifications Number CY
90001 for the purchase of Trailer Mounted Portable Restroom
Facilities; and
JWHEREAS, the estimate without contingencies is $35 ,000:
NOW THEREFORE BE IT RESOLVED by the Council of the City of .
San Luis Obispo as .follows:
SECTION 1 . Specifications are approved for Trailer Mounted
Portable Restroom Facilities.
SECTION 2 . . Staff is authorized to advertise for bids.
SECTION 3. The City Administrative Officer is authorized to
award a contract if the low bid is-less than the estimate of
$35,000 .
SECTION 4.. The City Clerk shall furnish a copy of this
resolution to the Director of the Public Works and Finance
Departments.
Resolution No. ( 1990 Series)
Page Two \
On motion of seconded by
and of the following roll call vote:
AYES:
NOES :
ABSENT:
The foregoing Resolution was passed and adopted this
day of 1990.
MAYOR RON DUNIN
ATTEST:
J
CITY CLERK PAM VOGES
a a s s s s s s
APPROVED:
City A ministrative Officer C y for ey
Finance Director Public Works Director
Project Manager
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STATE n;' CAIAFORslA
SP•".c
REQUEST FOR PROPOSAL
NOTICE IS HEREBY GIVEN THAT the City Clerk of the City of San Luis Obispo. State
of California, will receive sealed proposals pursuant to Specification
No. CY 90001 at the City Clerk's Office, City Hall , 990 Palm Street, until
qday• date_ time _____, for the purchase of the following supplies, material ,
and/or services:
Trailer Mounted Portable Restroom Facilities
Proposals received after said time will not be considered. Each proposal shall
be submitted in a sealed envelope plainly marked.:
"Proposal for Trailer Mounted_Portable Restroom Facilities Specification
No. CY 90001 _ --_-- -_- _--
Each proposal shall be made out in compliance with the General and Special
Proposal Terms and Conditions and the Specifications, a copy of which may be
obtained from the Office of the City Engineer, 955 Morro Street; San Luis Obispo,
93401 .
j
Prices shall include state and local sales taxes separately identified.
The City of San Luis Obispo reserves the right to accept such proposal or
proposals as may be deemed most advantageous to the City, the right to waive any,
informality in a proposal , and the further right to reject any and all proposals.
Each proposal shall specify completely each and every item as set forth in the
specifications. Any and all exceptions to the original specification must be
clearly stated in the proposal . Failure to set forth any exception shall be
grounds for rejection of the proposal . All supportive pamphlets and brochures
are to accompany the proposal .
Additional information may be obtained by contacting Lane Wilson at (805)
549-7220.
CITY OF SAN LUIS OBISPO
Pamela Voges
City Clerk .
MTV TV c; ; sAN .;; ;s ("B I SPO
STA'` OF CALIFORNIA
SPEC NO. CV c)000i
TABLE OF CONTENTS
Page
General Proposal Terms and Conditions. . . 1- 3
Special Proposal Terms and Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4- 5
Proposal Specifications. . . . . ... . ... . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . 6- 8
ProposalSheet. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . 9
Purchase Agreement. . . . . . . . . . . . . . . . . ... .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-C
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C- 72
CITY of SAN LUIS OBISPU
STATE. OF CA1,1FORNiA
SPEC NO. CY 9000i
GENERAL PROPOSAL TERMS AND CONDITIONS
1 . Requirement to Meet All Proposal Terms and Conditions - Each proposal shall
meet all of the specifications and proposal terms and conditions. By virtue of
the proposal submission and acceptance of the proposal award, the proposer
acknowledges agreement with and acceptance of all provisions of the
specifications, except as expressly qualified in the proposal. Nonsubstantial
deviations may be considered provided the proposer submits a full description
and explanation of, and justifications for, the proposed deviations. Final
determinations of any proposed deviation will be made by the City of San Luis
Obispo.
2. Proposal Submission - Proposal documents shall be enclosed in an envelope
which shall be sealed and addressed to the City Clerk, City of San Luis Obispo,
990 Palm Street, San Luis Obispo, CA 93403-8100. In order to guard against
premature opening, the proposal should be clearly labeled with the proposal
title, name of proposer, and date and time .of proposal opening.
3. Proposal Retention and Award - The City reserves the right to retain all
proposals for a period of 60 days for examination and comparison. The City
also reserves the right to waive nonsubstantial irregularities in any proposal ,
to reject any and all proposals, to reject or delete one part of a proposal and
accept the other, except to the extent that the proposals are qualified by
specific .limitations, and to make award to the proposer providing the equipment
judged to be most advantageous to the City.
4. Proposal Price Quotations The proposal shall provide costs for the trailer
mounted restroom facility and all available options. The price of the basic unit
that meets the standards established by the specifications shall be written on
the. Proposal Submission Sheet and the price of options shall be attached in a
manner that clearly identifies the options and the associated price.
5. Proposal Withdrawal - A proposer may withdraw its proposal , without prejudice
prior to the time specified for the proposal opening, by submitting a written
request to the City Clerk, in which event the proposal will be returned to the
proposer unopened. No proposal received after the time specified or at any place
other than the place stated in the. "Request for Proposals" will be considered.
All proposals will be opened and declared publicly. Proposers or their
representatives are invited to be present at the opening of the proposals.
6. Submission of One Proposal Only - No individual , or business entity of any
kind shall be allowed to make or file, or to be interested in more than one
proposal ; except an alternative proposal when specifically requested: however,
an individual or business entity which has submitted a sub-proposal to a proposer
submitting a proposal , or who has quoted prices on materials to such proposer,
is not thereby disqualified from submitting a sub-proposal or from quoting prices
to other proposers submitting proposals.
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CIT1' OF SAV LUTS OBISPO
STATE OF CALIFUNHA
J SPEC :No: cY 90001
GENERAL PROPOSAL TERMS AND CONDITIONS
7.. Contract Requirements - The proposer to whom award is made shall execute a
written contract with the City within ten (10) calendar days after notice of the
award has been sent by mail to it at the address given . in its proposal. The
Contract shall be made in the form adopted by the City and incorporated in these
specifications. The proposer warrants that he/she possesses, or has arranged
through subcontracts, all capital and other equipment, labor and materials to
carry out and complete the work hereunder in compliance with all Federal, State.,
County, City and Special District Laws, Ordinances, and Regulations which are
applicable.
8. Failure to Accept Contract - If the proposer to whom the award is made fails
to enter into the contract: the award will be annulled; any proposal security
will be forfeited in accordance with the Special Proposal Terms and be made to
the next lowest responsible proposer who shall fulfill every stipulation as if
it were the party to whom the first award was made.
9. Contract Assignment - The proposer shall not assign, transfer, convey or
other wise dispose of the contract, or its right, title or interest,, of its power
to execute such a contract to any individual or business entity of any kind
without the previous written consent of the City of San Luis Obispo.
10. Non-Discrimination - In the performance of the terms of this contract, the
proposer agrees that it will not engage in, nor permit such subcontractors as
it may employ, to engage in discrimination in employment of persons because of
age; race, color, sex, national origin or ancestry, or religion of such persons.
11 . Work Delays - Should the successful proposer be obstructed or delayed in the
work required to be done hereunder by changes in the work or by any default, act,
or omission of the City, or by strikes, fire, earthquake, or any other Act of
God, or by the inability to obtain materials, equipment,. or labor due to Federal
Government restrictions arising out of defense or war programs, then the time
of completion may, at the City's sole option, be extended for such periods as
may be agreed upon by the City and the proposer. In the event that there is
insufficient time to grant such extensions prior to the completion date of the
contract, the City may, at the time of acceptance of the work, waive liquidated
damages which may have accrued for failure to complete on time, due to any of
the above, after hearing evidence as to the reasons for such delay, and making
a finding as to the causes of same.
12. Labor Actions - In the event that the successful proposer is experiencing
a labor action at the time of the award of the proposal (or if its suppliers or
subcontractors are experiencing such a labor action) , the City reserves the right
to declare that said proposer is no longer a responsible proposer, and to select
another proposer that is not experiencing a labor action.
13. Sales Tax Allocation - For sales occurring within the City of San Luis
Obispo, the City is reimbursed one-sixth of the 6% sales tax paid. Therefore,
2
CITY OF SAN LCIS OBISPO
STATE OF CALIFORNIA
SPEC NO. CY 90001
GENERAL PROPOSAL TERMS AND CONDITIONS
for proposals from retail firms located in the City of San Luis Obispo at the
time of proposal closing for which sales tax is allocated to the City of San Luis
Obispo. 1% of the taxable amount of the proposal will be deducted from the
. proposal by the City in making price comparisons between proposals.
14. Communications Regarding Proposal - All timely requests for information
submitted in writing will receive a written response from the City. Telephone
communications with City staff are not encouraged, but will be permitted.
However, any such oral communication shall not be binding on the City.
15. Business Tax - All proposers should be aware of the City's Business Tax
Ordinance which requires that a Business Tax Receipt be obtained before any
business, trade, profession, enterprise, establishment, occupation, or calling
is conducted with the. City. The amount of the tax is based on gross receipts
resulting from business conducted in the City of San Luis Obispo, and is required
to be paid when business is conducted in the City even though the principal .
location of the business may be outside of the City. Issuance of a Business Tax
Receipt is only evidence of the fact that the tax has been paid; it does not
sanction or approve any operation not otherwise permitted. Verification that
the proposer has a valid City of San Luis Obispo Business Tax Receipt will be
obtained by the City prior to the execution of the contract.. Additional \
information regarding the City's Business Tax program may be obtained by calling J
(805)549-7134.
16. Payment Terms - The. City's payment terms are 30 days from the receipt of an
original invoice referencing the City's Purchase Order number and acceptance of
the. materials, supplies, equipment, or services (Net 30) . Payment will only be
released upon authorization from the receiving Department.
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C - � - 1 �
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.TTY OF SAN ,_;:TS 013:crr
SPEC NC:. i_` '90001_
SPECIAL PROPOSAL TERMS AND CONDITIONS
1 . QUESTIONS - Questions concerning this RFP should be directed to Lane
Wilson at 805/549-7220 or at 25 Prado Road., San Luis Obispo, CA 93401 (See
paragraph 14 of General Proposal Terms and Conditions) .
2. EVALUATION PROCEDURE - The evaluation of proposals will be based on the
following crltera:
(a) Price
(b) Performance and acceptability of similar units
(c) Experience of the vendor
3. VERIFICATION OF VENDOR EXPERIENCE - As a minimum, each proposal shall
include the following information about the vendor:
(a) Name, address and phone numbers of customers with similar units
(b) Length of time your company has been in business
(c) List of subcontractors ( include address, phone number and
responsibility)
4. COMPLETE OPERATIONAL UNIT - The Trailer Mounted Restroom Facility shall
be complete with all equipment and accessories necessary for satisfactory
operation. All equipment advertised as standard shall be furnished without
exception and included within the purchase price of the unit . A copy of the
manufacturer's standard specifications , a product brochure, floor plan and
elevations, and photographs for the unit bid shall be included with the bid.
5. COMPLIANCE WITH CODES AND REGULATIONS - The Trailer Mounted Restroom
Facility must be delivered with all the equipment necessary to comply with
current requirements established by Cal/OSHA regulations, the California Motor
Vehicle Code, the Federal Motor Vehicle Safety Standards, ANSI safety
regulations: and applicable Building and Health Codes .
6. DEMONSTRATION PRIOR TO PURCHASE - The low bidder WILL BE required to
demonstrate a unit identical to the unit bid before an order is placed. The
demonstration will take place .in the City of San Luis Obispo. The demonstration
will be to assure that the unit will perform as required.
7. KEYS - Vendor shai : supply three 1131 complete sets of keys for each unit.
8. MANUALS - The vendor shall provide: two (2) complete sets of service.
shop repair, and parts manuals that include all component and unit rebuilding
information. All manuals shall be furnished at time of acceptance of the
facilities. Included in the manuals or separately the vendor shall provide a
list of all component parts with the names, addresses and phone numbers of the
suppliers and manufacturers . SHOULD THE DELIVERY OF MANUALS BE DELAYED AND
SHOULD THE CITY ELECT TO ACCEPT THE FACILITIES UNDER THESE CONDITIONS, THE CITY
WILL WITHHOLD $1 ,000 OF THE PAYMENT UNTIL ALL MANUALS ARE RECEIVED.
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C �� `I
c rY Or SAS cuts oFIR13Pr,
SP-1: -No. r.Y 00001
SPECIAL PROPOSAL TERMS AND CONDITIONS
9. TRAINING - Vendor shall provide a minimum of eight (S) hours of training
for City personnel in the operation and maintenance of the facility and all
attached equipment. The individual conducting the training shall be factory
trained. in the operation and maintenance of the unit. The training shall take
place at the City Corporation Yard, 25 Prado Road, San Luis Obispo, CA .
10. REGISTRATION DOCUMENTS - All documents required for vehicle registration
including weight certificate must accompany the registration slip.
il . PRE-DELIVERY SERVICE - All pre-delivery and warranty service shall be
provided prior to delivery of the unit to the City.
12. PARTS SUPPLY - The manufacturer/dealer shall maintain an adequate stock
of all continuing service and repair parts within the State of California for
a minimum of ten years , to be available to the City of San Luis Obispo without
undue delay.
13. WARRANTIES - The facilities and all equipment shall be covered by all
the manufacturer's standard warranties, copies of which shall be provided.
However, the warranty shall not be for less than one year from the date of
acceptance by the City of San Luis Obispo.
11 . WARRANTY WORK - All warranty work shall be accomplished in the City of
San Luis Obispo. Should the accomplishment of warranty work require
transportation to a facility outside of the City of San Luis Obispo, the vendor
or manufacturer shall be responsible for said transportation.
12. MINOR WARRANTY REPAIRS - When the vendor so requests and when it is of
mutual benefit, the Parks and Buildings Division Manager may authorize the City
forces to perform minor warranty repairs. When. such work is accomplished, the
vendor shall reimburse the City for both parts and labor and shall be responsible
for continued warrantee of the entire unit.
13. DELIVERY - The price includes delivery to the City Corporation Yard, 25
Prado Road, San Luis Obispo, CA, 93401 .
5
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CITY OF SAN 1,111S OBISPC
l
SPEC NO. CY 9000 6-
PORTABLE RESTROOM FACILITY SPECIFICATIONS
1 . General
This specification is for the purchase of two Trailer Mounted Portable
Restroom Facilities.
These specifications are intended to set minimum standards: The unit to
be purchased should be in standard production or should be a standard
design that is adapted to meet these specifications.
2. Fixtures
Each of the trailers is to be equipped with four unisex restrooms. Each
restroom shall be equipped with a toilet, a sink with a demand water faucet
and a vanity mirror.
The toilet shall be a high quality very low flow model such as a Sea Land
RV type toilet that uses approximately one pint of water per flush. Units
that do not require the addition of chemicals will be given preference.
The sink and faucet shall be built into a vanity counter.
3. Plumbing
The facilities shall be equipped with water reservoirs and waste holding
tanks that will provide for at least 150 flushings of each toilet and the
associated water used at the sink before servicing is required. s
The facilities will also be equipped so that they can be connected by hose
to a water supply and to a sanitary sewer. When so connected, the unit
should provide unlimited operation except to the servicing of paper and
soap dispensers .
All plumbing shall . be of standard sizes readily available to the
construction trade and shall be installed to facilitate repair.
Wastewater plumbing shall be highest quality plastic and shall be in
standard sizes readily available to the construction trade and shall be
installed to provide easy access.
Additignai requirements of the auxiliary water and sewer connection
include:
The water shall be obtained through a hose which stores on a
permanently mounted reel .
All water shall flow through a reduced pressure backflow preventer..
6 )
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CITE' OF SAN LUIS OBISPO
STAT 1: OF CAI.i FORN 1 A
SPEC \0. c'i 90001
PORTABLE RESTROOM FACILITY SPECIFICATIONS
Connections from the facility to the sewers shall be through flexible
hoses that shall be easy to handle and that shall store in
compartments accessible from the outside of the facility. The hose
shall be fitted with a Thetford square peg twist lock connection.
4. Electrical
The facility shall be equipped with adequate interior lighting and with
exterior lighting to identify entry and stairs.
The use of solar power is preferred. The solar power should be sufficient
to charge the deep-cycle batteries so that the unit will operate for at
least eight (8) hours during the dark. In addition, the system should
provide for connection to a 110 volt single phase power source via a
converter .
5. Walls
The walls and doors shall be constructed of foam filled aluminum panels
with light color ABS material to give a smooth finish on the interior and
a textured finish on the exterior.
6. Hardware
Each restroom shall be equipped with an interior dead bolt and an exterior
security lock. All locks shall be keyed alike
Paper and soap dispensers shall be furnished by the City and installed by
the contractor.
7. Handicap Access
The facility does not require handicap access as these units will be used
to augment permanent restroom facilities that have handicap access .
8. Trailer
The trailer and all components shall be designed for the weight of the
unit. A trailer weighing less than 6,000 pounds that could be pulled by
a 3/4 or 1 ton truck is desirable as it would provide the most flexibility
to the City's operation. The trailer should be equipped with a pintle
hitch. When ready for towing, the trailer shall meet all requirements
for travel on highways of the State of California without special permits.
The deck of the trailer shall be diamond plate at .least one-eighth inch
thick and shall be designed to support the weight of the restrooms and the /^
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C]TY OF SAN LUIS OBISPO
STATF OF CALIFORNIA
SPEC :NO. CY 90001
PORTABLE RESTROOM FACILITY SPECIFICATIONS
number of people that would be able to stand waiting to get into the
restrooms.
The level of the floor when set up for operation should be as low as
practical to minimize the stair or ramp requirements.
The trailer shall be equipped with stairs and handrails for safe convenient
access.
Leveling and stabilizing jacks shall be attached to the trailer and shall
be of adequate size to support the trailer and users. The base platesfor
the jacks shall be adequate for both turf and pavement.
8. Security
All controls shall be inside of lockable compartments.
9. Extra Parts
The vendor shall furnish the following spare parts at the time the trailers
are delivered:
1 water pump
1 complete toilet assembly
1 complete. faucet assembly
1 110AC to appropriate DC voltage converter
1 complete solar panel assembly
10. Labels for Controls .
All panel boxes, switches, valves and electrical connections (outlets or
plugs) shall be labeled with permanent labels.
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C "'Y OF SAN LUIS OBISPO
AT I` OF :;Ai.i FOWN 1,1
SPEC ti0. L'Y'_ 9nOn i
PORTABLE RESTROOM FACILITY SPECIFICATIONS
BID - OPENING':
NOTICE TO BIDDERS: The bidder is required to fill out this sheet. Failure to
do so may be cause for the bid being rejected.
DEVIATIONS: List any and all deviations from the specifications, including
delivery date. All deviations will be considered part of the bidder's
specifications. Attach extra sheets if necessary. Deviations that are
completely explained in the BIDDER'S PROPOSAL portion of the Specifications need
not be repeated.
DELIVERY DATE:
BID PRICES: F.O.B. San Luis Obispo; include state and local sales taxes.
ITEM No. UNIT PRICE TOTAL PRICE
Trailer Mounted Portable Restroom 2 $ $ )
Sales Tax $ $
TOTAL PRICE $
TO: City Clerk, City of San Luis Obispo
In compliance with the above instructions and the bid terms and conditions, the
undersigned agrees, if this offer is accepted within thirty days from the bid
opening date. to furnish any and all items upon which prices are offered, at the
price set opposite each item, delivered at the designated points within the time
specified.
Signature and Title of Authorized Agent Date —^
Name of Firm
Address
Telephone No:
9
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AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this
day of 1990, by and between the CITY OF SAN LUIS OBISPO, a
municipal corporation, hereinafter referred to as CITY, and the
hereinafter referred to as SUPPLIER.
WITNESSETH
WHEREAS, on _ 1989, CITY invited proposals for the procurement
of Trailer Mounted Portable Restrooms per Specification No. CY 90001 .
WHEREAS, pursuant to said invitation, SUPPLIER submitted a proposal which was
accepted by CITY .for said equipment
NOW THEREFORE, in consideration of their mutual promises. obligations and
covenants hereinafter contained, the parties hereto agree as follows:
1 . TERM. The term of this Agreement shall be from the date this Agreement is
made and entered, as first written above, until acceptance of said equipment.
2. INCORPORATION BY REFERENCE The Notice Inviting Proposals, the General
Proposal Terms and Conditions, the Special Proposal Terms and Conditions,
Proposal Submission Form(s) , and the Proposal Specifications, are hereby
incorporated in and made a part of this Agreement.
3. CITY'S OBLIGATIONS. For furnishing equipment as specified in this Agreement,
City will pay and Supplier shall receive therefor compensation in a total sum
not to exceed $ Payment to the Supplier shall be made within 30
days after receipt of an original invoice from the Supplier and acceptance of
the equipment by. City.
4. SUPPLIER'S OBLIGATIONS. For and in consideration of the payments and
agreements hereinafter mentioned to be made and performed by CITY. SUPPLIER
agrees with CITY to furnish the equipment and to do everything required by this
Agreement and the said specifications. Without limiting the generality of the
foregoing, SUPPLIER warrants on behalf of itself and all subcontractors engaged
for the performance .of this Agreement that only persons authorized to work in
the United States pursuant to the Immigration Reform and Control Act of 1986 and
other applicable laws shall be employed in the performance of the work hereunder.
5. HOLD HARMLESS AND INDEMNIFICATION.. SUPPLIER agrees to defend, indemnify,
and hold harmless CITY, its officials, officers, employees, representatives ,
and agents, from and against all claims, lawsuits , liabilities or damages of
whatsoever nature arising out of or in connection with, or relating in any manner
to any act or omission of SUPPLIER, its agents, employees, and subcontractors
of any tier and employees thereof in connection with the performance or non-
performance of this Agreement. The SUPPLIER shall thoroughly investigate any
and all claims and indemnify the CITY and do whatever is necessary to protect
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the CITY, its officials, officers, employees, agents, and representatives, as
to any such claims, lawsuits, liabilities, expenses, or damages.
6. AMENDMENTS. Any amendment, modification, or variation from the terms of this
Agreement shall be in writing and shall be effective only upon approval by the
Director of Finance.
7. TERMINATION. If during the term of this Agreement, CITY determines that
SUPPLIER is not faithfully abiding by any term or condition contained herein,
CITY may notify SUPPLIER in writing of such defect or failure to perform; which
notice must give SUPPLIER in writing notice of such defect or failure to perform;
which notice must give SUPPLIER a 10-day notice of time thereafter in which to
perform said work or cure the deficiency. If SUPPLIER has not performed the work
or cured the deficiency within the ten days specified in the notice, such shall
constitute a breach of this Agreement and CITY may terminate this Agreement
immediately by written notice to supplier to said effect. Thereafter, neither
party shall have any further duties, obligations, responsibilities, or rights
under this Agreement except, however, any and all obligations of SUPPLIER'S
surety shall remain in full force and effect; and shall not be extinguished,
reduced, or in any manner waived by the termination hereof. In said event,
SUPPLIER shall be entitled to the reasonable value. of its services performed from
the beginning of the period in which the breach occurs -up to the day it received
CITY'S Notice of Termination, minus any offset from such payment representing
the CITY'S damages from such breach. CITY reserves the right to delay any such
payment until completion or confirmed abandonment of the project, as may be
determined in the CITY'S sole discretion, so as to permit a full and complete
accounting of costs. In no event, however, shall SUPPLIER be entitled to receive
in excess of the compensation quoted in its proposal .
8. COMPLETE AGREEMENT. This written Agreement, including all writings
specifically incorporated herein by reference, shall constitute the complete
agreement between the parties hereto. No oral agreement, understanding, or
representation not reduced to writing and specifically incorporated herein shall
be of any force or effect, nor shall any such oral agreement, understanding, or
representation be binding upon the parties hereto.
9. ANTI-DISCRIMINATION. In the performance of the terms of this Agreement,
SUPPLIER, agrees that it will not engage in, nor permit such subcontractors as
it may employ, to engage in discrimination in employment of persons because of
age, race, color, sex, national origin or ancestry, or religion of such persons.
Violation of this provision may result in the imposition of penalties referred
to in Labor Code Section 1735.
10. AUDIT. CITY shall have the option of inspecting and/or auditing all records
and other written materials used by SUPPLIER in preparing its statements to CITY
as condition precedent to any payment to SUPPLIER.
B
i
11 . NOTICE. All written notices to the parties hereto shall be sent by United
States mail , postage prepaid by registered or certified mall addressed as
�J foliows:
CITY:
City of San Luis Obispo
25 Prado Road
San Luis Obispo, CA 93401
SUPPLIER:
12. AUTHORITY TO EXECUTE AGREEMENT. Both CITY and SUPPLIER do covenant that
each individual executing this agreement on behalf of each party is a person
duly authorized and empowered to execute Agreements for such party. IN WITNESS
WHEREOF. the parties hereto have caused this instrument to be executed the day
and year first above written.
SUPPLIER:
l
CITY OF SAN LUIS OBISPO, A Municipal Corporation
APPROVED AS TO FORM:
By.
City A q ne - - -- --- - ----
APPROVED.l AS TO CONTENT:
%
Bv:
Project Manager
is
2oRTADI-F :=SES ROcv-
B_dderS 4 S-
_
Cnric Osserman
PARKLAND ASSOCIATES
210 Reservation nd .
Marfn.a , CP_ 93933
Steven Farrell
Y..0';OMZAM SAN-TA-`ICN
P . 0 . Box 9057
r'A 90224-90'..
Charles E . Kaufman, 1_7
711 : South Vircinia, Suite D-1
Buddy Wilson
N`t_CO':CEPTS
1.428 W. Mission 3oulevard
Ontario,. CA 9782
Jeff Cooe 1
ALAN ?RE-FAB 13I7T r7ING CORP .
P . 0 . Box F
Torrance , CA 90507
Chris Osserman
TNTEXX CCP.P .
P . 0 . Box :CO22
.ten o , NV -09520
wM: SERVICE
7100 District Boulevard
Bakersfield, CA 933-13
ATE, /G - ITEM #Cr-�-
city of sAn loBispo
990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403-8100
January 16, 1990 t/ .-Lca
I
TO: City Council i. clerx-0rp i
i.
VIA: John Dunn, City Administrative Officer ,
FROM: Terry Sanville, Principal Planner L
SUBJECT: Changes to resolution approving financial support for two historic
preservation projects (Council Consent Agenda Item C-4, January 16).
Agenda).
After the council agenda materials were distributed, I received a telephone call from Mr.
Stephen McGrath about his application for financial assistance. Mr. McGrath has
withdrawn his application at this time for financing reasons.
The City Council should proceed to adopt the resolution with the elimination of the
language dealing with the McGrath property at 665 Buchon Street.
TS:ts
cc Arnold Jonas
RECEIVED
i JAN 1 6 1990
CITY CLERK
SAN LUIS OBISPO,CA
ktCEIVEL
JAN 16 199,
Cay of San Luis Ooac yV vim'iS V�(S C 0
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