Loading...
HomeMy WebLinkAboutAgenda Packet 11/12/1997 PUBLIC NOTICE ATASCADERO CITY COUNCIL ADDENDUM TO AGENDA THE FOLLOWING ITEM MAY BE ADDED, BY A 2/3 VOTE OF THE CITY COUNCIL (G.C. SE . 54954.2(b)), TO THE ATASCADERO CITY COUNCIL SPECIAL MEETING AGENDA ,FOR WEDNESDAY, NOVEMBER 12, 1997: • Acceptance of Final Tract Map, 10920 Santa Barbara Road Division of a 4.59-acre site into nine (9) small lots (average lot size of 5,829 sq. ft.) to be developed for residential use, pursuant to an approved Master Plan of Development, and a 3.06-acre remainder parcel to be developed at some future date (Charnley/Sholders) - No Fiscal . Impact (Staff recommendation: Accept) Posted: 11/12/97 nIU4 &"L 8j MARCIA M. TORGERS0 City Clerk ITEM NUMBER: DATE: 11/12/97 t}y City Many ers Agenda Report Wade G. McKinney Acceptance of Final Tract Map ( 10920 Santa Barbara Road) RECOMMENDATION: Staff recommends: Council accept the Final Map for Tentative Tract Map#96011. DISCUSSION: Tentative Tract Map I�96011 was approved by the City Council on January 28, 1997, in accordance with the recommendation of the Planning Commission following a Public Hearing. . The approval allowed for the division of a 4.59-acre site into nine(9) small lots(average lot size of 5,829 square feet) 'to be developed for residential use pursuant to an approved Master Plan of Development and a 3106-acre remainder parcel to be developed at some future date. All Conditions of Aplbroval imposed by the Planning Commission and Council have now been satisfied and the Fina Map has been signed by the City Engineer and is ready to record. FISCAL IMPACT: Final Map acceptance would result in the creation of nine(9)parcels to be developed for single familyresidential use d a remainder parcel to be developed at some future date. � P P RESPONSIBLE DEPARTMENT: Community Development Department ATTACHMENTS: Attachment A--Approved Tentative Map CITY OF AIA SCADERO y ATTACHMENT A - CIDP. COMMUNITY DEVELOPMENT APPROVED TENTATIVE MAP DEPARTMENT TTM #96011 U.S. Ilkly Alai � MYEa M N'/RI 1 Cc x� OFSn I Z ` P. .Ya s 101 An Zi � v's .• ' '� °��.`` � -J- � � . . .. � ace N �a Wr hay 'xal I rw L1� nineawf` ��� w 'rt�fnras rer�a - s.�,vwraass. A ih wn�Ms.t /tOM�t4I -- .i ;sr saatta+aa w�jQ UR y �d:i"tet► • TRIM 3 1 �� *� as:3ataaa g p all i a tatacaata """• � 'o^ ' � � ai ae�aea � ��• y w �rY�evs i NOTICE OF SPECIAL MEETING ATASCADERO CITY COUNCIL Wednesday, November 12, 1997 3:45 P.M. CLOSED SESSION 1. Conference with Legal Counsel - Existing Litigation (GCS 54956.9, subd. (a)) Greene, et al v. City of Atascadero CONSENT CALENDAR 1 . Acceptance of Final Parcel Map 96012, 6505 San Gabriel Road 2. Acceptance of Final Tract Map #31-90, 9100 Santa Barbara Road MANAGEMENT REPORTS 1 . Agreement for Engineering Consultant Services, Albertson's/Curbaril Center • NOTICE IS HEREBY GIVEN that on Wednesday November 12, 1997, beginning at 3:45 p.m., the jAtascadero City Council will meet in a Special Meeting. Said meeting is open to!, the public and will be held in the Club Room in the Atascadero Administration Building, 6500 Palma Avenue, Atascadero, California. Dated this 10th day:of November, 1997 1 Y 117 Marcia M. Torgerson, City C rk City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) CITY OF ATASCADERO', ) MARCIA M. TORGERSON, being fully sworn, deposes, and says: That she is the duly elected City Clerk of the City of Atascadero and that on November 10, 1997,she caused the above Notice to be posted on the doors of the City'$Administration Building, 6500 Palma Avenue in Atascadero, California. MARCIA M. TORGERSOr� City Clerk City of Atascadero *PUBLIC REVIEW COPY Please do not remove City of Atascadero from counter WELCOME TO THE ATASCADER0 CITY COUNCIL MEETING GENERAL INFORMATION The City Council meets i regular session on the second and fourth Tuesday of each month at 7:00 p.m., in the Council Chamber o City Hall. Matters are considered by the Council in the order of the printed Agenda. Copies of the staff reports)or other documentation relating to each item of business referred to on the Agenda are on file in the office of the City Clerk(Room 208)and in the Information Office(Room 103), available for public inspetion during City Hall business hours. In compliance with the A ericans with Disabilities Act, if you need special assistance to participate in a City meeting or other gervices offered by this City, please contact the City Manager's Office, (805) 461-5010, or the City Cleik's Office, (805)461-5074. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK AT PUBLIC HEARINGS Scheduled public hearing are itemized on the Agenda. The Mayor will identify the subject, announce when the public hearing is open and request anyone interested to address the Council regarding the matter being considered. If you wish to speak for, against or comment in any way: • You must approach the podium and be recognized by the Mayor • Give your name and address • Make your statement • All comments should be made to the Mayor and Council • All comments limited to 5 minutes (unless changed by the Council) • No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and�o one may speak more than twice on any item. The Mayor will announcel'i when the hearing is closed, and thereafter, no further public comments will.be heard by the Council. TO SPE�K ON SUBJECTS NOT LISTED AS PUBLIC HEARINGS I Under Agenda item, "COMMUNITY FORUM",the Mayor will call for anyone from the audience having business with the Council to: • Please approach the podium and be recognized • Give your naine and address • State the nature of your business This is the time items not on the Agenda may be brought to the Council's attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Council). TO HAVE ITEMS PLACED ON AGENDA All business matters to appear on the Agenda must be in the Office of the City Manager ten days preceding the Council meeting. Should you have a matter you wish to bring before the Council, please mail or bring a written communication to the City Manager's office in City Hall prior to the deadline. AGENDA ATASCADERO CITY COUNCIL SPECIAL MEETING WEDNESDAY,NOVEMBER 12, 1997 3:45 P.M. City of Atascadero 6500 Palma Avenue (4`h Floor) Atascadero, California CLOSED SESSION, 3:45 P.M.: 1) Conference with legal counsel - Existing litigation (G.C. Sec. 54956.9(a)) Name of case: Greene, et al v. City of Atascadero OPEN SESSION, 4:00 P.M.: PLEDGE OF ALLEGIANCE: Council Member Clay ROLL CALL: Mayor Johnson Council Member Carden Council Member Clay Council Member Lerno Council Member Luna APPROVAL OF AGENDA: Roll Call COUNCIL ANNOUNCEMENTS AND REPORTS: On their own initiative, Council Members may make a brief announcement or a brief report on their own activities. Council Members may ask a question for clarification, make a referral to staff or take action to have staffplace a matter of business on a future agenda. No formal action-by the Council will be taken unless an item is identified on the Agenda. PUBLIC COMMENT: This portion of the meeting is reserved for persons wanting to address the Council on any matter not on this agenda and over which the Council has jurisdiction. Speakers are limited to five minutes. Please state your name and address for the record before making your presentation. The Council may take action to direct the staff to place a matter of. i business on a future agenda. i • A. CONSENT ALENDAR. Roll Call All items on the cons nt calendar are considered to be routine and non-controversial by City staff and will be'approved by one motion if no member of the Council or public wishes to comment o�ask questions. If comment or discussion is desired by anyone, the item will be removedfrom the consent calendar and will be considered in the listed sequence with an opportunity for any member of the public to address the Council concerning the item �efore action is taken. 1. Acceptance of Final Parcel Map 96012, 6505 San Gabriel Rd. - Division of an 8.46-acre site: into two parcels of 4.32 and 4.14 acres (Redel/Sholders) -No Fiscal Impact (Staff]recommendation: Accept) 2. Acceptance Of Final Tract Map#31-90, 9100 Santa Barbara Rd. - Division of 24- acre site into itwelve (12) lots for single-family residential use and two (2) parcels for recreational use (Gearhart/Cannon Associates) -No Fiscal Impact (Staff recommendation: Accept) B. MANAGE ENT REPORTS: l. Agreement f r Engineering Consultant Services, Albertson's/Curbaril Center No Fiscal Impact(Staff recommendation: Authorize City Manager to execute agreement wth RRM Design Group) C. ADJOURNI DENT: THE CITY COUNCIL WILL ADJOURN TO ITS REGULAR MEETING OF NOVEMBER 25, 197. Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court+, that person may be limited to raising those issues addressed at the public hearing desc�ibed in this notice, or in written correspondence delivered to the City Council at or prior to this public hearing. • 2 r ITEM NUMBER: A-1 DATE: 11/12/97 .r 1918 197979 i I I City Mana err s Agenda Report Wade G. McKinney Acceptance of Final Parcel Map ( 6505 San Gabriel Road) RECOMMENDATION: Staff recommends: Council accept the Final Parcel Map#96012. DISCUSSION: Tentative Parcel Map #96012 was approved by the City Council on February 11, 1997. The approval,to subdivide 4 8.46-acre site into two (2)new parcels of 4.32 and 4.14 acres, was in accordance with the recommendation of the Planning Commission following a Public Hearing. All Conditions of Appijoval imposed by the Planning Commission and Council have now been satisfied and the Final Map has been signed by the City Engineer and is ready to record. FISCAL IMPACT:: Final Map acceptance would result in the creation of one (1) additional parcel that would be available for single family residential development. RESPONSIBLE DEPARTMENT: Community Development Department ATTACHMENTS I Attachment A- r-App oved Tentative Map li CITY OF ATASCADERO ATTACHMENT A TENTATIVE MAP 496012 - - CAD . COMMUNITY DEVELOPMENT FINAL MAP ACCEPTANCE DEPARTMENT ti; i • a,�:,ao ' \j tt�� Cit{• =t :ay V 4 ` t "I fLila.!0 / a•� WIC v �I��a { v i W a tp: .f ^ H� ��/ � / ( e• y I � _- _ .� of " �. '� .. rc- Y ITEM NUMBER: A-2 DATE: 11/12/97 n ...-:map►• _ J 1818 1978 d A�SCAUER�Dj i City Mana er's Agenda Re ort� g p Wade G. McKinney Acceptance of Final Tract Map ( 9100 Santa Barbara Road) RECOMMENDA'T'ION: Staff recommends: Council accept the Final Tract Map#31-90. DISCUSSION: Tentative Tract Map#311-90 was approved by the City Council on April 9, 1991, in accordance with the recommendation of the Planning Commission following a Public Hearing. Because the • Map was accompanied by a Zone Change application(which required a second reading and 30- day referendum period)} the Map approval was not effective until May 24, 1991. Prior to the May 24, 1903 expiration date for the approved Tentative Map, a one-tear time extension request was filed and subsequently approved by the Planning Commission. Prior to the 1994 expiration date, the State Legislature amended the Subdivision Map Act to automatically extend the life of all approved tentative maps in the State by two (2)years. The Legislature then amended the Act again(this time for one year) establishing an expiration date of May 24, 1997. Pursuant to a request filled prior to May 24, 1997, the Planning Commission approved an extension to May 24, 1998. All Conditions of Approval imposed by the Planning Commission and Council have now been satisfied and the Final Map has been signed by the City Engineer and is ready to record. Once recorded, the 24-acre site will have been subdivided into twelve (12)parcels for single-family residential use and two (2)parcels for recreational use, all of which must be developed in accordance with a Master Plan of Development also approved by both the Planning Commission and Council. FISCAL IMPACT; Final Map acceptance would result in the creation of twelve(12)parcels to be developed for single family residential'use and two (2)parcels to be developed for recreational use. The site will not be served by public sewer and the new road serving residential lots will be privately ITEM NUMBER: A-2 DATE: 11/12/97 maintained. These things coupled with the potential economic benefits of a new golf course should neutralize the economic burden of the typical residential development. RESPONSIBLE DEPARTMENT: Community Development Department ATTACHMENTS: Attachment A--Approved Tentative Map • \ I CITY !OF ATASCADERO ATTACHMENT A TENTATIVE MAP #31-90 FINAL MAP ACCEPTANCE COMMUNITY DEVELOPMENT DEPARTMENT ,. N N $n O N V Fx 42 j4pi N 1�K] Hal iE 7k # - • Rai r 3 O g <<7 Fla � "�'i Si< it 9 iYY13i I a �N t .ry Ir Q Y N IW/1 s Q. E„+ ON VOU Z C IL a N ' tf t `� �• •• \ JJJt N �! ~O •r 1} f O '•C:6 fg W W a• Q bg I 1 f � ✓ Nti r , r / _ o � i m In r Z h • O o r � 1 V O m 1sFz� W ...................is t I •�icJ ITEM NUMBER: B-1 DATE: 11/12/97 I MIN is ilia � is a II A' CA] City � rs Mana e ' Agenda Report g p Wade G. McKinney Agrpement for Engineering Consultant Services - Albertson's/Curbaril Center RECOMMENDATION(S): Staff recommends: Authorize the City Manager to execute an agreement with RRM Design Group for engineering services. DISCUSSION: The City has received ajn application for consideration of a Conditional Use Permit from Halferty Development Company for a shopping center located on El Camino Real at the intersection of Curbaril Avenue. Thei 's engineers,North Coast Engineering� hconsulting g en g g g (NCE), has elected not to participate in the,review of this project as they have had prior business relationships with the Applicant. Staff solicited proposal from two (2) qualified civil engineers for engineering services relative to this project. Services ate to include review and conditioning of the conditional use permit application and related environmental documentation,plan check review of the construction documents, and construction inspection. Staff determined that, in this case, the most qualified engineering services are offered by RRM Design Group from Sar Luis Obispo. The total estimated cost of the required services at $14,513.00 is also the lust costly of the two proposals. The City's costs for these engineering services will be reimbu#sed by the applicant. FISCAL IMPACT; No fiscal impact as all associated costs will be reimbursed by the project proponent. RESPONSIBLE DEPARTMENT: Community Development Department ATTACHMENTS:I' i Resolution No. 103-97 Consultant Services Agreement Consultant Services Proposal Contract No. AGREEMENT FOR SERVICES OF CONTRACTOR OR CONSULTANT SERVICES AGREEMENT This agreement is made upon the date of execution, as set forth below, by and between RRM Design Group, a licensed civil engineer, hereinafter referred to as "Contractor," and the City of Atascadero, California, a Municipal Corporation, hereinafter referred to as "City." The parties hereto,' in consideration of the mutual covenants contained herein, hereby agree to the following terms and conditions: 1.00 GENERAL PROVISIONS 1.01 TERMS: This agreement will become effective on the date of execution set forth below, and will continue in effect until terminated as provided herein. 1.02 SERVICES TO BE PERFORMED BY CONTRACTOR: Contractor agrees to perform or provide the services specified in "Description of Services" attached hereto as "Exhibit A" hereby incorporated herein. Contractor shall determine the method, details and means of performing the above-referenced services. Contractor may, at Contractor's own expense, employ such assistants as Contractor deems necessary to perform the services required of Contractor by this agreement. City may not control, direct or supervise Contractor's assistants or employees in the performance of those services. 1.03 COMPENSATION: In consideration for the services to be performed by Contractor, City agrees to pay Contractor the consideration set forth in the amounts and under the terms provided in "Exhibit B," hereby incorporated herein. 2.00 OBLIGATIONS OF CONTRACTOR 2.01 MINIMUM AMOUNT OF SERVICE BY CONTRACTOR: Contractor agrees to devote the hours necessary to perform the services set forth in this agreement in an efficient and effective manner. Contractor may represent, perform services for and be employed by additional individuals or entities, in Contractor's sole discretion, as long as the performance of these extra-contractual services does not interfere with or present a conflict with City's.business, 2.02 TOOLS AND INSTRUMENTALITIES: Contractor shall- provide all tools and 1 instrumentalities to,perform the services under this agreement except those listed in "Tools and Instrumentalities Provided by City" attached hereto as "Exhibit C" and hereby incorporated herein. 2.03 WORKER'S COMPENSATION AND OTHER EMPLOYEE BENEFITS: City and Contractor intend and agree that Contractor is an independent contractor of City and agrees that Contractor and Contractor's employees and agents have no right to Worker's Compensation and other employee benefits. If any worker insurance protection is desired, Contractor agrees to provide Worker's Compensation and other employee benefits, where required by law, for Contractor's ''employees and agents. Contractor agrees to hold harmless and indemnify City for any and all claims arising out of any claim for injury, disability, or death of any of Contractor and Contractor's employees or agents. 2.04 INDEMNIFICATION: Contractor hereby agrees to, and shall, hold City, its elective and appointive boards, officers, agents and employees, harmless and shall defend the same from any liability for damage or claims for damage, or suits or actions at law or in equity which may allegedly arise from Contractor's or any of Contractor's employees' or agents' operations under this agreement, whether such operations be by Contractor or by any one or more persons directly or indirectly employed byj or acting as agent for, Contractor; provided as follows: a. That the City does not, and shall not, waive any rights against Contractor whichit may have by reason of the aforesaid hold-harmless agreement, because of the acceptance by City, or the deposit with City by Contractor, of any of the insurance policies hereinafter described. b. That the aforesaid hold-harmless agreement by Contractor shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations of Contractor or any agent or employee of Contractor regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 2.05 INSUMNCE: Contractor shall not commence work under this contract until they have obtained all insurance required under this section and such insurance shall have been approved by City as to form, amount and carrier: a. Public Liability and Property Damage Insurance. Contractor shall take out and maintain during the life of this contract such public liability and property damage insurance as shall protect City, its elective and appointive boards, officers, agents and employees, and Contractor and any agents and employees performing work covered by this contract from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from Contractor's or any subcontractor's 2 operations under this contract, whether such operations be by Contractor or by anyone directly or indirectly employed by contractor and the amounts of such insurance shall be as follows: (1) Public Liability Insurance. In an amount not less than $300,000.00 for injuries, including, but not limited to death to any one person and, subject to the same limit for each person, in an amount not less than $1,000.000.00 on account of any one occurrence; (2) Worker's Compensation Insurance. In the amounts required by law as set forth in Section 2.03 above. b. Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be declared to, and approved by, the City. The City may require that either the insurer reduce or eliminate such deductibles or self-insured retentions as respects the City, its elected or appointed officials, employees, agents or volunteers; or the Contractor 4 shall procure a bond guaranteeing payment of all losses, and related investigation, claims administration and legal expenses. C. Proof of Insurance. Contractor shall furnish City, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance that each carrier will give City at least thirty (30) days' prior notice of the cancellation of any policy during the effective period of this contract. The certificate or policy of liability of insurance shall name City as an additional insured with the Contractor. 3.00 OBLIGATIONS OF CITY 3.01 COOPERATION: City agrees to comply with all reasonable requests of Contractor necessary to the performance of Contractor's duties under this agreement. 3.02 PLACE OF WORK: City agrees to furnish space for use by the Contractor while performing the services described in this agreement only as set forth in "Exhibit D," hereby incorporated herein. Any work space requirements not set forth in "Exhibit D" shall be the responsibility of Contractor, and Contractor may use alternate space for performing described services. 4.00 TERMINATION OF AGREEMENT 4.01 TERMINATION OF NOTICE: Notwithstanding any other provision of this agreement, any party hereto may terminate this agreement, at any time, without. • 3 cause by giving at�least lam_ days prior written notice to the other parties to this agreement. 4.02 TERMINATION ON OCCURRENCE OF STATED EVENTS: This agreement shall terminate automatically on the occurrence of any of the following events: (1) Bankruptcy or insolvency of any party; (2) Sale of the business of any party; (3) Death of any party; (4) The end of the kUO days as set forth in Section 4.01; (5) End of!:the contract to which Contractor's services were necessary; or (6) Assignment of this agreement by Contractor without the consent of the City. 4.03 TERMINATION BY ANY PARTY FOR DEFAULT OF CONTRACTOR: Should any party default in the performance of this agreement or materially breach any of its provisions, a non-breaching party, at their option, may terminate this agreement, immediately, by giving written notice of termination to the breaching party. 4.04. TERMINATION: This agreement shall terminate on completion of the work specified herein unless extended as set forth in this Section. The City, with the agreement of the Contractor, is authorized to extend the term of this agreement . beyond the termination date, as needed, under the same terms and conditions set forth in this ',agreement. Any such extension shall be in writing and be an amendment t4 this agreement. 5.00 MISCELLANEOUS 5.01 REMEPIES: The remedies set forth in this agreement shall not be exclusive but shall be cumulative with, and in addition to, all remedies now or hereafter allowed by law or equity. 5.02 NO WAIVER: The waiver of any breach by any party of any provision of this agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of this agreement. 5.03 ASSIGNMENT: This agreement is specifically not assignable by Contractor to any person or entity. Any assignment or attempt to assign by Contractor, whether it be voluntary or involuntary, by operation of law or otherwise, is void and is a material breach of this agreement giving rise to a right to terminate as set forth in Section 4.q3. 5.04 ATTORNEY FEES: In the event of any controversy, claim or dispute between the ',parties hereto, arising out of or relating to this agreement, or the • breach thereof, the prevailing party shall be entitled, in addition to other such relief 4 as may be granted to a reasonable sum as and for attorney fees. 0 5.05 TIME FOR PERFORMANCE: Except as otherwise expressly provided for in this agreement, should the performance of any act required by this agreement to be performed by either party be prevented or delayed by reason by any act of God, strike, lockout, labor trouble, inability to secure materials, or any other cause except financial inability not the fault of the party required to perform the act, the time for performance of the act will be extended for a period of time equivalent to the period of delay and performance of the act during the period of delay will be excused; provided, however, that nothing contained in this Section shall exclude the prompt payment by either party as required by this agreement or the performance of any act rendered difficult or impossible solely because of the financial condition of the party required to perform the act. 5.06 NOTICES: Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this agreement or by law to be served on or given to any party to this agreement shall be in writing and shall be deemed duly served and given when personally delivered or in lieu of such personal service when. deposited in the United States mail, first-class postage prepaid to the following address for each respective party: PARTY ADDRESS A. CITY OF ATASCADERO 6500 Palma Avenue Atascadero, CA 93422 B. RRM Design Group 3701 South Higuera San Luis Obispo, CA 93401 5.07 GOVERNING LAW: This agreement and all matters relating to this agreement shall be governed by the laws of the State of California in force at the time any need for the interpretation of this agreement or any decision or holding concerning this agreement arises. 5.08 BINDING EFFECT: This agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto, but nothing in this Section shall be construed as a consent by City to any assignment of this agreement or any interest in this agreement. 5.09 SEVERABILITY: Should any provision of this agreement be held by a court of competent jurisdiction or by a legislative or rulemaking act to be either invalid, void or unenforceable, the remaining provisions of this agreement shall remain in full force and effect, unimpaired by the holding, legislation or rule. 5.10 SOLE AND ENTIRE AGREEMENT: This agreement constitutes the sole . 5 and entire agreement between the parties with respect to the subject matter hereof. This agreement correctly sets forth the obligations of the parties hereto to each other as of the date of this agreement. All agreements or representations respecting the subject matter of this agreement not expressly set forth or referred to in this agreement are null and void. 5.11 TIME: Time is expressly declared to be of the essence of this agreement. 5.12 DUE AUTHORITY: The parties hereby represent that the individuals executing this agreement are expressly authorized to do so on and in behalf of the parties. 5.13 CONSTRUCTION: The parties agree that each has had an opportunity to have their counsel review this agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this agreement or any amendments or exhibits thereto. The captions of the sections are for convenience and reference only, and are not intended to be construed to define or limit the provisions to which they relate. 5.14 AMENDMENTS: Amendments to this agreement shall be in writing and shall be rade only with the mutual written consent of all of the parties to this agreement. Executed on , 19_, at Atascadero, California. ATTEST: CITY OF ATASCADERO By: Marcia Torgerson Ray Johnson City Clerk Mayor APPROVED AS TO'FORM: By: Roy A. Hanley Contractor City Attorney 6 EXHIBIT A PROFESSIONAL SERVICES TO BE PERFORMED BY THE (CONTRACTOR) (CONSULTANT) Contractor shall provide consultation and professional management services to City as follows: All engineering, plan check, and inspection services required by City for the Albertsons project proposed for EI Camino Real. The services may be terminated after the project completes the conditional use permit process if for any reason the project does not go forward. The services may be terminated after completion of the plan check process if for any reason the project does not go forward. The nature and scope of services is described in the September 26, 1997 correspondence from Jerry Michael of RRM Design Group to Steven L. DeCamp. That letter is incorporated herein as though fully set forth at this point as describing the scope and nature of the services contemplated by this agreement. 7 „ EXHIBIT B CONSIDERATION FOR SERVICES Contractor shall be paid as follows: Contractor has estimated the total cost of all services, through inspection and completion of the Albertsons project, to be $14,513.00. Contractor acknowledges that in the event the project is not completed, Contractor will be entitled to compensation only for services rendered and not for the "bid” amount. The September 26, 1997 correspondence from Jerry Michael of RRM Design Group is hereby included by this reference as though fully set forth at this point. This correspondence describes the billing rates for the various services contemplated by the parties. 8 8 EXHIBIT D PLACE OF WORK All work shall be performed by Contractor in its own offices at 3701 South Higuera in San Luis Obispo, except any site inspections called for by City. a a:atas:rrm.agr 10/97 - 10 R R M D E S I G N G R O U P Architecture•Planning•Engineering-Surveying•Interiors.Landscape Architecture September 26, 1997 Via Fax: 461-7615 & Mail RECEIMr. Steven L. DeCamp 1997 Interim Community Services Director City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 ie: City Engineer Services for Albertsons Application by Halferty Development Company Dear Steve: We are pleased to provide this proposal to the City for engineering services. As you have noted, RRM Design Group is ideally suited to assist you with this important project as we can provide both civil engineering and traffic engineering review to ensure the application is complete and that the project meets all of the City's applicable engineering standards. It is our understanding that RRM would represent the City and act as the City Engineer for the review and approval of the Curbaril Center. The following suggested Scope of Work is outlined around the approval process: 1. Application Completeness: Determine if enough documentation has been provided to review potential impacts from traffic, grading, drainage, sewer service, fire (water) service, and other impacts related to public improvements. 2. Environmental Determination: We will review the applicant's project, as proposed, in order to deteliTiir if the Impacts to -public imprvZ'C:_mmntb- hav,; beeii proVerlV . mitigated. 3. Plan Review: We will review the construction documents for conformance to City Engineering Standards and common practice. 4. Construction Inspection: It is anticipated that the majority of the construction inspection and consultation associated with the project can be provided by City staff (i.e. sewer, roads, and building departments). Therefore, we will provide assistance for this task on an "As Requested" basis. 5. Meetings and Reports: We will attend meetings with staff and/or the applicant as required during the performance of the above items. We will also attend public meetings and make presentations as required during the approval process. San Luis Obispo•Oakdale 3701 South Hii'uera Srreet•San Luis Obispo,California y;got Pbone:805.543.179} Fax:8055434609 I �1111,1y—!—!,1,t )­y b1 iJ�ae1,RCF k3,,S-,LJ an•;n!(,It frrb,-,LA N2S44 Mr. Steve DeCamp Page 2 September 26, 1997 We recognize that theme is a potential need for services not specifically addressed in the items above. Should this be the case, we can discuss these with City staff as appropriate. As requested, our fees for these services will be time and materials per the attached estimate for engineering services. As you know the amount of effort required for the review will depend mostly on the quality of the submittals as well as the degree of controversy surrounding the project. However, we have attempted to estimate the effort and fee for the project as shown on the attached spreadsheet. If this proposal seems favorable to you, we can meet to discuss the terms in the City's standard agreement for consultants. We are excited about getting started on this work and we look forward to assisting you with our services. If you have any questions about this proposal, please call me. Sincerely, RRM DESIGN GROUP Je Mi ael, RCE 36$95, LS 6276 Pr' cipal erector Engineering Division Attachment cc: Victor Montgomery, RRM Jim McDowell, RRM z/XE97040/vm-DeCampA1bertsonPPL RRM DESIGN GROUP" 9/26/97 CURBARIL CENTER, ATASCADERO Estimate for Engineering Services: REGISTERED PRINCIPAL ENGINEER TECHNICIAN ADMIN. TASK $100.00 $70.00 $55.00 $35.00 Application Completeness Site Plans 1.0 Traffic Analysis 2.0 Soils Report 0.5 Hydrology/Hydraulic AnalysiE 1.0 Utility Analysis 0.5 Meetings: Staff(Two) 10.0 2.0 Meetings:Applicant(Two) 10.0 2.0 Environmental Determination Site Plans(Two Submittals) 2.0 4.0 1.0 Traffic Analysis(Two Submittals) 8.0 1.0 Soils Report 1.0 Hydrology/Hydraulic Analysis(Two Submittals) 4.0 Utility Analysis(Two Submittals) 2.0 Meetings: Staff(Two) 10.0 2.0 Meetings: Applicant(Two) 10.0 2.0 Meetings: Public(Plan Comm. &City Council) 5.0 24.0 4.0 Plan Review Grading Plans(Three Submittals) 3.0 6.0 1.5 Street Plans(Three Submittals) 3.0 12.0 1.5 Utility Plans(Three Submittals) 3.0 Traffic Plans(Three Submittals) 6.0 1.5 Meetings: Staff(Three) 15.0 3.0 Meetings: Applicant(Three) 5.0 15.0 3.0 Construction Services Site Review(5 visits) 10.0 2.5 Meetings(Five) 10.0 2.5 Reports 8.0 4.0 ESTIMATED ENGINEERING $14,513 Proposal-Est Albert.xls Page 1