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Agenda Packet 05/10/1988
NOTE THERE WILLBEA CITY COUNCIL CLOSED SESSION AT 6 : 30 P .M. INT HE `ADMINISTRATION BU LDING I' � FOURTH FLOOR .CLUB ROOM REGARDING PERSONNEL NEGOTIATIONS , - - " CINDY WILKINS DEPUTY CITY CLERK i AGENDA ATASCADERO CITY COUNCIL REGULAR MEETI°NG ATASCADERO ADMINISTRATION BUILDING FOURTH FLOOR, ROTUNDA :ROOM' MAY 10, 1988 7:30 P.M., RULESOF PUBLIC PARTICIPATION:' Members of the audience may speak on any item on the agenda. * A person may 'speak for five (5) minutes . No one may speak for a second time until everyone wishing to speak has had an opportunity to do so. No one may speak more than twice on any item. * Council Members may question any speaker; the speaker may respond, but, after the allotted time has expired, may not initiate further discussion. The floor will then be closed to public participation and open for Council discussion. Call to order Pledge of Allegiance Roll Call City Council Comment: * Discussion Regarding Length of Council Meetings (Cont' d from 4/26/88 ; ** Proclamation ' - Acknowledging National ` Public Works ' Week' - May 15=21 , 1988 ** Proclamation - Acknowledging National Police Week - - May 15-21 , 1988 ** Proclamation - Acknowledging National Nursing Home Week May 9-13 , 1988 COMMI'T'TEE REPORTS (Approximate Time - 10 Minutes ) (The following represents Ad Hoc or Standing Committees . Informative status reports will be given, as felt necessary. ) 1 . Cit; /School Committee 7 Pavilion Committee 2 . North Coastal Transit 8 Police Facility Committee 3 . San Luis Obispo Area 9 . Atascadero Lake Acquisition Coordinating Council Committee 4 . Traffic Committee 10 . Tree Committee ' 5 . Solid/Hazardous Waste 11 . Bicentennial Committee Management Committee 6 . Economic Opportunity Commission COMMUNITY FORUM: The City Council values and encourages exchange of ideas and comments from you the citizen. The Public Comment Period is provided to receive comments from the public on matters other than scheduled agenda items To increase the of Community Forum, the following rules will be enforced: A maximum of 30 minutes will be allowed for Community Forum, unless Council authorizes an extension. All remarks shall be addressed to Council, as a whole, and not to any individual member thereof . No person shall be permitted to make 'slanderous , profane or personal ` remarks' against any Council Member or staff. Any person desiring to submit written statements may do so by forwarding to Council, prior to the Council Meeting, nine ( 9 ) copies to the City Clerk by 5 : 00 p.m on the Wednesday preceding the Council Meeting. A. CCNSENT CALENDAR: (Approximate Time - 10 Minutes ) All matters listed under Item A, Consent Calendar, are considered to be routine, and will be enacted by one motion in the form listed below. There will be no separate discussion on these items . A member of the Council or- public may, by request, have any item removed from the 'Consent Calendar, .which shall then be reviewed and acted upon separately after the adoption of tize Consent Calendar. 1 . Approval of the April 25 , , :.908 Regular Council >Mil.u'tes 2 Lentis Avenue Bridge Agreements : A. Authorization to Enter into Design Agreement with: John Wallace and Associates for the Lewis Avenue Bridge Vehicular and Pedestrian Contracts 355 , 000 , Conceptually approved at the 4/26/88' Council Meeting;) ation to : nta. - to Design Agreement men with1Author . Tartaglia-Hughs "for the Lewis Avenue Bridge Street- Connection :..ts ac -35 , 425 ( Conceptually "p roved at the 4/26/28 Council Meeting) >, t t �o ci+- r a f-r P1 y q: N ent Authorization vO 1� � �... PiC�-C;� �.5 .... a � i1 :11 for the Traffic tray Par}: .uthorization to Solicit Bid Proposals for a Two Year Grounds Maintenance Servi - 5 . Authorization to Solicit Bld Proposals for` Irrigation Supplies for Traffic ,Jay Parr i 6 . Acceptance of Final Parcel Map 31-87 7800 Santa Cruz Road Las Encinas (Cuesta Engineering) B. HEARINGS/APPEARANCES/REPORTS: i (Approximate Time - 8 :00 P .M. ) 1 . Presentationand Discussion of the Salinas River Area Land Use Update - County Department of Planning ,& Building (Approximate Time - 8:30 P.M. ) 2 . County Hazardous Waste Management Plan (Approximate` Time - 8 : 50 P.M. ) 3 . Report on Luna Appeal of Davis Tree Removal - Request for $100 Refund (Approximate Time - 9 : 10 P.M. ) 4. Report on Council Appointee to the Parks and Recreation Commission BREAK - 10 MINUTES C. UNFINISHED BUSINESS: (Approximate Time - 9 : 20 P .M. ) 1 . Ordinance 169 - Amending the Zoning Text to Allow Churches , as Interim Uses , in Commercial Service and Commercial Park . _ Zones (SECOND AND FINAL READING) (Cont' d, from '4/26/88.) (Approximate Time - 9 : 25 P.M. ) 2 . Ordinance 172 - Amending Ordinance 107 - Extending the Sunset Clause of the City' s Interim School Facilities Ordinance - Requested by the Atascadero Unified School District ( SECOND & FINAL READING)' (Cont'd from 4/26/88 ) (Approximate Time - 9; 35 P .M. ) 3 . Ordinance 171 - _Establishment of the Atascadero Tree Committee ( SECOND & FINAL READING) (Cont' d from 4/26/88) (Approximate Time - 10 :09 P .M. ) 4 . Proposed Police Facility Acquisition - 5505 E1 ,Camino Real (Beno' s) A. Visual Inspection Report on Structural Integrity of Keno ' s Building B. Report on Proposed Contract with Ross , Levin, MacIntyre, and darner Architects for Police Facility Renovation Project, per Resolution 8-88 (C'ont' d from 1/12/88) D NEW BUSINESS: (ApproximateTime 10 : 00 P.M. ) 1 . General Plan Cycle 2-88 - Preliminary Review of Study Areas Proposed for Applications (Approximate Time - 10 :30 P.M. ) 2 . Report on Offer to Donate 1 Acre of Land to be Used for the Construction of a Community Assembly Hall and/or Performing Arts Center (Cont' d from: 4/26/88) (Approximate Time - _`10 :40 P.M. ) 3 . Discussion by Council Regarding Possible Locations for a North County Government Center in Atascadero E . ATASCADERO COUNTY SANITATION DISTRICT (Council will recess and convene .as the Atascadero County Sanitation District Board of' Directors) (Approximate Time 10:55 P.M. ) 1 . Authorization to SolicitBids for Sanitation District Storage Building (Board to recess and reconvene as Atascadero City Council) F. INDIVIDUAL DETERMINATION: 1 . City Council 2 . City Attorney 3 . City Clem 4 . City Treasurer 5 . City Manager NOTE: COUNCIL WILL ADJOURN THIS MEETING T© A SPECIAL' OPEN COUNCIL MEETING ON MAY 23 , 1988 AT 7 : 00 P.M. IN THE ADMINISTRATION BUILDING FOURTH FLOOR 'ROTUNDA ROOM REGARDING THE ATASCADERO GENERAL PLAN ECONOMIC BASE ANALYSIS STUDY, l_ 1 J s >7 t 1 PR '0CLA 'MATI Q'M z - r MAY 15 -� �1, ' l j 8" IN Wei FAa, publi� works aervice .' r i+ 1,r ttaityarm an integral pert of 1i* ;' and .., support of '-a.n`-understandir a�� OitIzenry. �i s vital , to' .th6, efficient :.+ap��:e �c� works systems ' and anti pr rams, `such as se�sera, Streets � buildings,' engineorin , and publ i c't transp*Ait i on) d ' 4 - the, . heotlth,` safety; ; and ccfort COMMIUAtty greatly depends on these facilriti s and M- JtAS.il quality and "effect�� es �►� thfe9e facilities' a well as. their : planning, and c;pnstruction,, is vitall»y c ape de t upon. the f �t�. kill of p i 'work officaa.ls • and WHA theafficienrtay of 'the '. allfre d" dedicated personnel who -staff ptjblic Worts ;d � mat r lly influ aced bey , the peopl.i ' atti`tu� . ' understanding cid the importance 'bf the work they ; per�q> , THIMEFOREthe . Ata,scadero City Council ` week of M3� j X21.., 1988, as , i s an the £icy' ca.f Atascaderc afid call .upon. all,: citxs r� 4Ad eiVic orgAz�*zatiot�ss to acqua�nt thsmsely , ori h; his; i probles�s ' talrol Wed in pr a*riding our public , end tea' ; '< recognize the ; contributions which lic=.woar�Cs ,n make every� day to ourhsalt4h, sf qty� anu c t� ;t BA . Nx Ma, r ` 3 may r{ p I { y � - NATIONAL POLICE wxEx* MAY "115, 21, .I98 WR U: r,.; Na ,oEatl 'o]. CB ' 'Wee3Cox . the Sunda' .mai` ;15..r and extends through $aturd�Yi ii148, >25 of each year,,. . }.. Asa: Pb ick Mor a� end ' 6� AS t is purpose of -�: g �� � :� w tribute ,t6"\ all law ' nforc ent p6rs n xe1 .,,vv ake 'our cities A L.more safe and secure t t� As, 'some a,officers across the'nation line of .dtity., never to return to their- homes,-a4d homes,- f th�,..A'�astadE3'ro Polit.t' Dpart i F .,k yJ� July, �i {t.�,r -ayn �'' raa. pr+�Vide4�di yobu�'tstandin�y ,��r�yw�` .f,f �`. RZ�aYX'4.°em rit,, 41 a .. thou.Cr.and Y. '2oltr;G '<' Atascadero citizens Who have sought some J-evol4ii WHEREAS,,,, the Departent is approaching It T 'anniversary, of its existence in the cammunit d it �l.s ap s'c pri"ate that a11' Atasca r1n, support. o ,,. erfcrcemen at all 1 `.aAJd ,.' s1 t, tke' ta' c c erc: caI ide Departmar t' -:n order to concern andrespect tc►t these ualuabl� l c ' r uta. rr. THtREFbRtZ Bat ara Norms r, mayor, �f �,�� he � C "t >�► AtRs &d�Z't3r do hereby ,proclaim May> 15-2' . as . i "KATIOXAL POLICE NEIL" , iiiv,Atasc4dero r and. Friday, May 20 afi ¢ y� r� "ATASCADERO LOVES ITIS; `.OPO '0AV- and' urge, X11 ,cit�tt'ns r to recognize and ai Predate . out .s rn Ol i ci '9f' f'i c,ers and other P0II'l c+e Department s.4siji N BARA,,. N{) ' ` Mayor t -kay 10 198,9 x v-. r - r .1 r i P R 0, C L .A M A T Z,0 N A "NATIONAL IMSXNGz' t MAY 9� 13, Z #v b q f i• .jam. p§.�4 �'.: 'WHEREAS Nursing , Homes provide Very . v&lu. a#3e ' a e' the.-community in providing support In o fcr� e��.�c �c� � ice, the care 4nd ,independence of elderly ,or� hAndicappe ot, n .f ,G WHEREAS, thfirWeek 4L#' �� �����1 fA�.7�t� I'�as,- tJ National Nursing . Mage Week acro�s the �"CoUx't . ' "14 � s aed ;�. re.cagnit on to. the-, role of Nursing I o*e . f V} WHEREAS- _ Nursing Homes offer prafessi®tial,. ccpinat. , and caring (support, far° individuals and th+;: r fj i.lioo `sed cook , creme an atmcsph re that acknowledges ttie value of human.:. li.f, - 'I'kiEAEF41tE, the Atascadez City c+u= l 4 - 4 , h a Of May 9-1.3, 198R ss and' comments those whoa staff 'Nursing Homes, affort to ° enef t. f mille and indi .duals rIn we ntr su .r, , a s the ell einq-.az�d welfare of older car hardi .awe iti. t ` end aur. ocity as a whole. VIL j I AARSARA ORKI3 Mayor May 3, 1988 t 1 , 1, - r a I j s f � 1 l +K r i I MINUTES � r _ ` APR I.L. ` 26, _1988" The regular mtti"ng; of the Atascaciero1r �#4r *1;1ied to order at 7:35 p m, , f-61 leawee# b}rjli the �'3�+ g t*g;ianc Preslint: C- i lmembers Boesrbeau, Ntack F ' r h Absent: Courrcilman Hndshy and Mayoror-ri ctrr�,a�eti ,49 1�' ` . .m 1 Staff Presents Mike Shelton City Mgr. ; kinry.,Ehgen, "" ,oMM6 .jF }}ovw Dir,. Paul`' Sen ibaueFr, Pu Wk +: tir`: City t y, ; ftp,1andv Snow 'Pire Cad a� P9cH41, , Pb 1 i c e Ch �' C i`" W x 1i`i , tlt t : Clerk , im f . MacyrorPro-`�`em Borgeson announced , that,'; as he t :a© p.m. ;~for discussion of . t'he Inter m City 'Mgr.�. ''COO, :racty; possitlle Council ac,t'ion under Item Also "anpou rced.: th 4. Mayor, Nor ris.`.absent cfuteto an illness in her ..familyTj . ? k x Cour+c i lWoman Mackey reminded c i t i tens of, t;hi, cty' campaign this SiS t. , 4I'30/6B; thflse interested. are .to Im Chamber 'of ..,Commerce at 9-:'00- ,a,.m. Discuissicarr r garcling length of CoLrnciI ree,tir«sg p tpeas ec foirw consideration "at ` a, `later time, by full Co' v Mayor #'rsa T r Rr.geson noted the r,ectipt of . an offer tp,.d na .e " to 'acre: of, and to the City for- "the construct' ="raf a.:crammuna.t�r s mbly hall. �_crr perf€rrming center. After brief, d'iacra�%s 14 -4, CounC ;l consensus a to r crest,:staf rewi ins th" rs z'fic ` cif this °corrd z t inns and coats and mtae r, scar iian µ at atr~r r date. 51.[l :Ar~ a Cadrd,i mat i ng' Counc i- -- Mr, , 8c ns i tzar noted h-is recent appointment as TTAC Commi-ttenr e Chairara 1, tan 1 �,_ . �. l ✓ ,' '1 .x # f s' A `s 1 - 1 o - - f t 1 , - ,� O' ; ', x �� C i F ''� ! l +° i A r� )_ i i, 0 , � {, Vf tr gr ,;f 1"1. -4 9r' ` F `4 Z`is - h ryb` �k '� X34 _ ,z� `%i ''$ F z y 111 I r *` C. A c` I �`: , ,y - ' >` j 6 � .; T 1 � . _ � .� t f l ti {y!y�., ��y -+�+4?, ['},i 1.�k -:y.. 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Acknowledge Proclamation - Voter Registration Day, May 1 , 1988 Barbara Schoenike, 7505 Atascadero Ave. , pulled Item A-4 for discussion. Motion: By Councilwoman Mackey to approved the Consent Calendar , minus #4, seconded by Councilman Bour- beau; passed by 3:0 roll-call , with Councilman Handshy and Mayor Norris absent . Re: Item A-4: Mr . Engen, Commun. Dev. Dir . , gave staff report . Public Comment Barbara Schoenike, asked what happens to the 5+ acres included in this proposal . Mr . Engen responded that the PD zoning des- ignation and, the final map would commit said property to open space; further , there could be a requirement that the easement (development rights) be given to the City, with the fee to the property remaining in the hands of the applicant and the Home- owner ' s Assn. that would inherit the common area . Motion: By Councilwoman Mackey to approve TTM 2-87 ( Item A-4 ) per the Planning Commission ' s recommendation, seconded by Councilman Bourbeau ; passed by 3:0 roll-call , with Councilman Handshy and Mayor Norris absent. B. HEARINGS/APPEARANCES/REPORTS I 1 . Proposed ZC 3-88 - Allowing churches on an interim basis in Commercial Service and Commercial Park zones - initiated by City of Atascadero at request of Vineyard Christian Fellow- ship (Cont 'd from 2/23/88) A. Public Hearing B. Ord. 169 - Amending the zoning text to allow churches, as interim uses, in Commercial Service and Commercial Park Zones (FIRST READING) Mr . Engen, Commun. Dev. Dir . , gave staff report and responded to questions from Council . Public Comment • Chris Zillig of Vineyard Christian Fellowship , spoke in support of this proposed ordinance. 3 Motion: By Councilman Bourbeau to read Ord . 169 by title only, seconded by Councilwoman Mackey; passed unanimously by roll-call . Mayor Pro Tem Borgeson read Ord . 169 by title. Motion: By Councilman Bourbeau that this constitutes the first reading and approval of Ord . 169, seconded by Councilwoman Mackey; passed by 3:0 roll-call , with Councilman Handshy and Mayor Norris absent . 2. Request by the A.U.S.D. to extend Ord. 107 A. Public Hearing B. Ord. 172 - Amending Ord. 107 - Extending the Sunset Clause of the City' s Interim School Facilities Ordi- nance (FIRST READING) Mr . Engen, Commun. Dev. Dir . , gave staff report . There was no public comment . Motion: By Councilwoman Mackey to read Ord . 172 by title only, seconded by Councilman Bourbeau; passed unanimously by roll-call . Mayor Pro Tem Borgeson • read Ord . 172 by title. Motion: By Councilman Bourbeau that this constitutes the first reading and approval of Ord . 172, seconded by Councilwoman Mackey; passed by 3:0 roll-call , with Councilman Handshy and Mayor Norris absent . 3. Proposed Tree Committee Ordinance & appointment of members A. Public Hearing B. Ord. 171 - Establishment of the Atas. Tree Committee (FIRST READING) C. Res. 35-88 - Appointment of seven members to the Atas. Tree Committee Mr . Engen, Commun. Dev. Dir . , gave staff report , reviewing the proposed functions of the Tree Committee. He suggested that Sec . 2. 19.03 ( Duties & Responsibilities ) of Ord . 171 be amended to add a seventh clause: "Recommend heritage trees to the City Coun- cil " . He noted that Res. 35-88 was amended this afternoon and reviewed the recommended committee members . There was no public comment . Motion: By Councilman Bourbeau to read Ord . 171 by title only, seconded by Councilwoman Mackey; passed . unanimously by roll-call . Mayor Pro Tem Borgeson read Ord . 171 by title . 4 Motion: By Councilwoman Mackey that this constitutes the first reading and approval , with noted amendment , of Ord . 171 , seconded by Councilman Bourbeau; passed by 3:0 roll-call , with Councilman Handshy and Mayor Norris absent . Motion: By Councilman Bourbeau to adopt revised Res. 35- 88, seconded by Councilwoman Mackey; passed by 3:0 roll-call , with Councilman Handshy and Mayor Norris absent . 4. Res. 28-88 - Declaring weeds a public nuisance and author- izing proceedings for abatement of said nuisances Capt . Roland Snow, AFD, gave staff report . There was no public comment . Mr . Jorgensen, City Atty. , noted a correction to Sec . 3, line 4 of the resolution to read , "6-13.04 of City Ordinance No . 61 " ( instead of G-13.04 ) . Motion: By Councilman Bourbeau to adopt Res. 28-88, with annotation as noted by City Attorney, seconded by Councilwoman Mackey; passed by 3:0 roll-call , with ! Councilman Handshy and Mayor Norris absent . C. UNFINISHED BUSINESS 1 . Authorization to enter into contract of employment for Interim City Mqr. (Cont 'd from 3/22, 4/18 & 4/20/88 Mr . Jorgensen, City Atty. , gave staff report , noting closed ses- sion discussion prior to - tonight ' s regular meeting concerning this matter . There was no public comment . Motion: By Councilwoman Mackey to authorize execution of the Interim City Manager ' s contract by the Mayor Pro Tem and Deputy City Clerk (due to absence of Mayor and City Clerk ) in preparation for signature by Mr . Hanley , seconded by Councilman Bourbeau; passed by 3:0 roll-call , with Councilman Handshy and Mayor Norris absent . 2. Proposed Police Facility Site - 5505 E1 Camino Real A. Authorization for Ross, Levin, MacIntyre and Varner Architects to prepare an Inspection Report on Beno ' s building (proposed Police Facility site) per Escrow Agreement Requirements 5 s s • Chief McHale, APD, gave staff report . Mr . Sensibaugh , Pub . Wks . Dir . , clarified that staff (Planning , Engineering and the City Attorney ) will be present at the site inspection and a report will be forthcoming . Although the need was anticipated , Council authorization is not necessary at this time; it is not antici- pated that additional money will be required . Mr . Jorgensen noted that escrow has been opened and is moving forward in a positive direction. There was no action taken. 3. ZC 2-88 - Proposing that large-scale, non-residential and multiple-family projects be reviewed through the Conditional Use Permit process - Initiated by the City of Atascadero A. Ord. 170 - Amendment to the Zoning Ordinance regarding the level of review required for certain large-scale projects (SECOND AND FINAL READING) (Cont 'd from 4/12/88) Mr . Engen, Commun. Dev. Dir . , gave staff report and responded to questions from Council . There was no public comment . Motion: By Councilman Bourbeau to read Ord . 170 by title only , seconded by Councilwoman Mackey; passed unanimously by roll-call . Mayor Pro Tem Borgeson read Ord . 170 by title. Motion: By Councilman Bourbeau that this constitutes the second reading and adoption of Ord . 170, seconded by Councilwoman Mackey; passed by 3:0 roll-call , with Counci-lman Handshy and Mayor Norris absent . 4. Lewis Ave. Bridge Proposals (Cont 'd from 3/8/88) A. Authorization to award vehicular and pedestrian bridge contracts to John Wallace & Assoc. - $56,000 B. Authorization to award street connection contract to Tartaglia-Hughes - $5,4a5 Mr . . Sensibaugh , Pub . Wks. Dir . , gave staff report and responded to questions from Council which included summary of the need for a pedestrian bridge, Council /AUSD Board discussions on the issue and fiscal impacts from the project . He noted that 3 of the 4 outside firms did not return proposals (which corrects staff report ) . There was no public comment . Motion: By Councilwoman Mackey that Council conceptually approve the proposals by Wallace & Assoc . and Tartaglia & Hughes and direct staff to bring back 6 i agreements for consideration at the next regular meeting , seconded by Councilman Bourbeau ; passed by 3:0 roll-call , with Councilman Handshy and Mayor- Norris absent . D. NEW BUSINESS 1 . Status Report on Condominium Conversion Ordinance Mr . Engen, Commun. Dev. Dir . , gave staff report and responded to questions from Council . Mr . Jorgensen, City Atty. , commented that the Legislature ' s adoption of the Subdivision Map Act provision took away the City ' s previous inherent authority to regulate condominium conversions unless there are specific policies in our General Plan and ordinance(s) to implement them. There was no public comment . Motion: By Councilwoman Borgeson that Council concur with staff recommendation to direct the issue of con- dominium conversions be referred to the Planning Commission for consideration in the General Plan Update, and direct that consideration be given to . mandating compliance with current development standards before condominium conversions may be approved . Motion seconded by Councilwoman Mackey; passed by 3:0 roll-call , with Councilman Handshy and Mayor Norris absent . * NOTE: MAYOR NORRIS ARRIVED AT THIS TIME (9:07 P.M. ) Motion: By Councilman Bourbeau to recess as Council and convene as the ACSD Board of Directors , seconded by Councilwoman Mackey; passed unanimously. E. ATASCADERO COUNTY SANITATION DISTRICT (ACSD) 1 . Authorization to purchase 1988 Chev. C-10 pickup through the State General Services Dept . bid award - $11 .225 Mr . Sensibaugh , Pub . Wks . Dir . , gave staff report . There was no public comment . Motion: By Director Bourbeau to authorize staff to pur- chase said vehicle from the State of CA for $11 ,225, seconded by Director Mackey; passed by 4:0 roll-call , with Director Handshy absent . 7 Motion: By Director Mackey to adjourn the ACSD Board and reconvene as City Council , seconded by Director Bourbeau; passed unanimously. F. INDIVIDUAL DETERMINATION City Council - Mayor Pro Tem Borgeson noted her attendance at last week ' s Parks & Recreation Commission meeting where a concern was expressed that a Councilmember should be appointed to the Commission in order for Council to be informed of their concerns. Council concurred to discuss as an agenda item at their next regular meeting . Mayor Norris noted she will not be in attendance at the next meeting . Public Comment John Baumga rt , 5175 Rosario, expressed concern regarding trim- ming -- "hacking down" -- of bushes in front of his residence (although unsure by whom) . He asked what are citizens ' rights regarding the right of way area to the road and notification of such trimming. He was directed to discuss the subject with Mr . Sensibaugh during the regular course of City business; Mr . Sen- sibaugh was directed to follow up with a letter to the Mayor . MEETING ADJOURNED AT 9:25 P:M. MINUTES RECORDED BY: CINDY WILKINS, Dep . City Clerk 8 low MMORAND M a Tor Honorable Mayor and City Counc i I 'Through William Hanley, interim Citi Manager From: Paul Sensibaugh Director of Public Works}C -noler , SubJect: . Approval of Contracts-Lewis Ave. Bridges and Street Date: May '2 1988 Recommendation: Stiff recommends • that Council. approve' the, rec it t' , t om t ie City and 1,Tartaglie.-Hughes for the Street Connection Lewis 'Ave, in the amount of $5,485, and,,between �tho City -and;. J#hn: , Wallace & Assoc., for the Vehicular . =and ' Pedestrian Brid es -1.n tie- * amount of $56,,000,,. Bac�kground• f r� At the last regular meeting Council approved tho, -,PrOosal .ftom bath Tartagl ia--Hughes and-,Wallace & Assoc. far the design. of `tht eve ;work. (Please refer to. the attached staff reg ort..) l}isCussion: The contracts are 'based upon the. standard agreements drawn by, th`+a City Attorney which have been Previously used f©r iother such td^IC.` Fiscal' Impact: There was / 1Q1".?bn budgeted for the above pro3ect, zit:►.t irld,di,hq any development fee monies. The traffic mitigation and, ,im a .t report" which showed various- alignment options cost $5.000, laavi t i\qf1:,750 in': the fund. The total of the above two agreements is X51*i485 whi,ch .,1-1 give a ,ba lance of $3512;65 for future construction.; / k ✓ v • r 1 r r r s < . f f e SIS -At3RFZT4ENT y de this { of r rF . ...ter • " C Y `.bet ri the, v Aft, IL l _ wT Ank ik1 � Fi- .`,'. red- i4,4 •'il"cpluiul w' iri eVitne l VAR Atj ."Ya eto 'i=" 1 ad * h �1[� .dry,. jam. ,ry( y��, � 1e i{ y� +� �y y�y O' <';.�r ► .kO 4 3.i 4+ � xw `i` +iF +M R' �'ai�w ? ' A► "bf"l'�•- ! ..� _ 42 n and hid refer " thouh ,° Se�C_' fath .J k• i. <.. v . �.� the. err c3 r, under 'th2�t' �$C' � Yttyctul k ` wl lciiy '0 ca: a ,. �� Y � a T requested and desirable, including primary rimar coordination with the Project Coordinator, herein designated as the Director of Public Works and also with the following City officials: City Manager C. Consultant's Services. Insofar as they may be applicable to the project contemplated by this Agreement, Consultant shall render the services and furnish the work tasks as described in Exhibit "A", commencing with receipt of a written Notice to Proceed signed by the Project Coordinator and by the City Manager. Article 2 Responsibilities of City City shall cooperate with Consultant on all phases of the work covered by this Agreement and will make available to him, as his needs indicate, all existing maps, topographic maps, aerial photographs, soils reports, and other similar data in possession of City covering the site as selected. City shall also be responsible for providing such staff production assistance as is specified in Exhibit "A". Article 3 Fee and Provision for Payment City will pay Consultant a fee equal to $ -56,000* for work contracted in this Agreement and billed for based on the payment schedule in Exhibit "B". Exhibit "B" is attached * includes $6,300 to be paid directly to Foundations Engineer 2 hereto and incorporated herein by reference as though here fully set forth. Any additional applicable hourly rate billings as authorized in Article 4 shall be based on the Fee Schedule contained in Exhibit "B". (current schedule to apply) Article 4 Payment for Extra Work or Changes Any claim for payment for extra work or changes in the work will be paid by City only upon certification by the City Manager that the claimed extra work or change was authorized in advance by the Project Coordinator and the City Manager, and that the work has been satisfactorily completed. Claims for such extra work must be submitted by Consultant within thirty (30) days of completion of such work and must be accompanied by a statement of itemized costs covering said work. Article 5 Termination of Agreement Either party hereto shall have the right to termi- nate this Agreement upon giving ten (10) days written notice of such termination to the other party. In the event of the termination of this project in its entirety, notwithstanding any other fee provisions of this Agreement, based upon work accomplished by Consultant prior to notice of such termina- tion, City shall determine the amount of fee to be paid to 3 • 0 Consultant for his services based upon the provisions in Exhibit "B", and such findings of City shall be final and conclusive as to the amount of such fee. In the event of termination of any portion of this project; Consultant shall be entitled to the reasonable value of his services involved in the termination, as determined by City, upon a finding which shall be final and conclusive as to the amount of fee due and owing. Article 6 Time of Completion Consultant agrees to diligently pursue his work under this Agreement and to complete the work as described in Exhibit "A" in a satisfactory manner within two hundred, ten ( 210 ) days of receipt of the Notice to Proceed. Consultant shall not be responsible fox any delay which is caused by City review, action or inaction of City, or acts of God, but shall be responsible for his own fault or negligence or that of any of his subcontractors. If the work is not completed by Consultant in the time specified for each item, or within any period of exten- sion authorized in writing by the Project Coordinator, it is understood that City will suffer damages and Consultant will pay to City, as fixed and liquidated damages (not as a penalty) , the sum of $ none for each calendar day of the delay until the work is completed and accepted. 4 Consultant is liable for the amount thereof, and City may deduct said sums from any money due or that may become due to Consultant. Within seven (7) calendar days of commencement of work under this Agreement, Consultant shall submit to City for approval, a completion schedule in graphic form clearly delineating all important increments and review dates. Article 7 Conflicts of Interest No member, officer, or employee of City, during his or her tenure, or for one (1) year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. Article 8 Ownership of Data The ; ownership of all data collected for use by Consultant under this Agreement, together with working papers, drawings, and other materials necessary for a complete under- standing of the plans and necessary for the practical use of the plans shall be vested in City. Ownership of original drawings and documents shall be vested in City. Consultant may retain a copy of all work for his own use. 5 Article 9 Covenant Against Contingent Fees Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for him, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for him, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent on or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the contract price or consideration or otherwise recover, the full amount of such fee, commission, percentage fee, gift, or contingency. Article 10 Contract Personnel The 'work to be done pursuant to this Agreement shall be done by John L. Wallace , a licensed civil engineer No. 33965 and such other personnel in the employ or under the supervision of Consultant who shall be approved by City. The City official who shall be vested with the right of approval of such addi- tional personnel or outside contracting parties shall be the City Manager. City reserves the right to reject any of 6 Consultant's personnel or proposed outside consultants, and City reserves the right to request that acceptable replacement personnel be assigned to the project. Article 11 Indemnity Clause Consultant shall defend, indemnify, and save harm- less the City of Atascadero, its officers, agents, and employees, from any and all claims, demands, damages, costs, expenses, and liabilities arising out of this Agreement or occasioned by thenegligentperformance or attempted negligent performance of the provisions hereof, including, but not limited to, any negligent act or omission to act on the part of Consultant or his agents or or employees independent contractors directly responsible to him, except that the above shall not apply to the sole negligence or willful misconduct of City or City's agents, servants, or independent contractors who are directly responsible to City. This indemnification provision shall apply even if there is concurrent or joint negligence of indemnitor and indemnitee, and even if there is active or -passive negligence by either or both parties. Nothing in this Article shall apply to any liability covered by Consultant's errors and omissions insurance. 7 Article 12 Insurance A. Errors and Omissions Insurance. Consultant shall obtain and maintain, at his own expense, prior to commencement of the work of this Agreement, professional liability (errors and omissions) insurance, in a company authorized to issue such insurance in the State of California, with limits of liability of not less than $ 100,000 to cover all civil engineering services rendered pursuant to this Agreement. B. Automobile and Public Liability Insurance. Consultant shall also maintain in full force and effect for the duration of this Agreement, automobile insurance and public liability insurance with an insurance carrier satisfac- tory to City, which insurance shall include protection against claims arising from personal injury, including death resulting therefrom, and damage to property resulting from any actual occurrence arising out of the performance of this Agreement. The amounts of insurance shall be not less than the following: Single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage or a combination thereof in an amount not less than $300,000 and $1,000,000 General Liability. The following endorsements must be attached to the Policy or policies: 8 (1) If the insurance policy covers on an "accident" basis, it must be changed to "occurrence". (2) The policy must cover personal injury as well as bodily injury. (3) Broad form property damage liability must be afforded. (4) The City of Atascadero, its officers, employees, and agents, shall be named as insureds under the policy, and the policy shall stipulate that the insurance will operate as primary insurance and that no other insurance effected by "City will be called upon to contribute to a loss hereunder. (5) The policy shall contain contractual liability, either on a blanket basis or by identifying this Agreement within a contractual liability endorsement. (6) The policy shall contain "cross-liability" such that each insured is covered as if separate policies had been issued to each insured. (7) ' City shall be given thirty (30) days notice prior to cancellation or reduction in coverage of the insurance. C. Workers Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant shall be insured against liability for workers compensation or undertake self-insurance. Consultant agrees 9 • to comply with such provisions before commencing performance of any work under this Agreement. D. Copies of Insurance to City Before Commencement of Work. Consultant shall provide certificates of insurance to City prior to commencement of the work of this Agreement. Certificates of insurance are necessary before a Notice to Proceed will be issued, and shall state that the policy shall not be cancelled or reduced in coverage without thirty (30) days written notice to City. Approval of insurance by City shall not relieve or decrease the extent to which Consultant may be held responsible for payment of damages resulting from services or operations performed pursuant to this Agreement. Consultant shall not perform any work under this Agreement until he has obtained the required insurance and until the required insurance certificates have been submitted to City and approved by the City Attorney. If Consultant fails or refuses to procure or maintain the insurance required by these provisions, or fails or refuses to furnish City required proof that insurance has been procured and is in force and paid for, City shall have the right, at its discretion, to forthwith terminate this Agreement. Article 13 Bonding This Article is deleted. 10 Article 14 • Status Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor, and in no event shall any of his personnel or subcontractors be construed to be employees of City. Article 15 Non-Discrimination Consultant shall comply with the provisions of Presidential Executive order No. 11246 of September 24, 1965, and all other orders, regulations, and laws governing non- discrimination in employment, including in particular, Section 122 (a) of the State and Local Fiscal Assistance Act of 1972 . Article 16 Modification of Agreement This Agreement may be modified only by a written amendment signed by both parties hereto. Article 17 Law Governing This Agreement shall be governed by the laws of the State of California. 11 Article 18 Communications Communications between the parties to this Agreement may be sent to the following addresses: City: CITY OF ATASCADERO 6500 Palma Avenue P.O. Box 747 Atascadero, CA 93423 Attn: City Manager Consultant: John L. Wallace & Associates 1458 Hiquera Street San Luis Obispo, CA 93401 ACCEPTED AND AGREED this k day of AA , 19 8� CITY: CONSULTANT: CITY OF ATASCADERO, a municipal corporation By B Y Mayor ATTEST: City Clerk APPROVED AS TO CONTENT: APPROVED AS TO FORM: Project Coordinator City Attorney JGJ: fr/1/29/87 C:AGATA315 12 EXHIBIT A LEWIS AVENUE VEHICULAR BRIDGE Figure 2 illustrates the schedule for the following scope of services . The preliminary design phase would include the following: 1 . Collect and analyze the existing data. 2 . Update the foundations report to provide the necessary information for the design phases of each of the projects (Moore &Taber) . 3 . Perform survey control and topographic mapping of the Lewis Avenue bridge site (Mastin Land Surveys) . This information would be used to determine the bridge alignment and profile, span lengths , abutment placement , right-of-way location, utility locations , sewer location, azd stream cross-sections for a hydraulic report for the Lewis Avenue bridge and the pedestrian bridge . 4 . Establish a preliminary horizontal and vertical bridge alignment . 5 . Measure the lower basin area and revise the HEC-1 hydrologic computer model of the watershed. 6. Use the Atascadero Creek cross section data to complete the HEC-2 water surface profile for both the Lewis Avenue bridge and the pedestrian bridge. 7 . Prepare a detailed Hydraulic and Hydrology Report for the Lewis Avenue bridge. The report would include but not be limited to the base flood water surface profile ( 100 year) , the 50 year flood water surface profile, scouring potential , and the potential for upstream and downstream impacts . 8 . Assist the City as lead agency in preparing environmental evaluations by the City staff including Fish and Game permits , Army Corps of Engineers 404 permit , and an archeological field survey applicable to all of the tasks included in the request for proposals . The archeological survey for the Lewis Avenue vehicular bridge is also to cover the pedestrian bridge . We have not included a fee to repeat this field survey for each project nor does our fee include an archeological investigation if an archeological site is encountered. If a significant site is found in the survey or during construction, a fee adjustment would need to be negotiated to meet City and State requirements . It is understood from our recent conversations with City Planning Department and Public Works staff that wetlands , historical , and biological evaluations will not be required. Therefore, these services are not included as part of this proposal but , if necessary , can be provided for an -_ additional cost . 9 . Prepare design concept(s) of the bridge for presentation to the City staff , incorporating the results from the preliminary design phase . Any changes in the concept would be incorporated, as directed by the City staff , in order to resolve a final design concept. 10 . Part of the preliminary design phase would be to meet with the Director of Public Works/City Engineer as necessary and to coordinate and work with any special committees assisting in defining the project character. Our fee includes up to ( 5) such meetings. The design phase would include the following: Establish the final bridge alignment , profile, structural design, approach design, traffic control plan, drainage considerations , utility accommodation, sewer modification design, and the specifications. The HEC - 2 water surface profile would be altered to reflect the final bridge configuration . Quantity and cost estimates would be completed. The plans and specifications would be compiled as required to advertise, bid and construct the project . The City review comments would be incorporated into the plans and specifications . The bidding and contract award phase would include : Assist the , City during bidding concerning technical questions and in the subsequent review of the successful bidder . We would provide ( 25 ) sets of the plans and specifications plus one original set for the City, oversee the bid opening, and evaluate the bids . JLWA would also attend a City Council meeting to make a recommendation regarding contract award. PEDESTRIAN BRIDGE Figure 3 illustrates the schedule for the following scope of services . The preliminary design phase would include the following: 1 . Collect and analyze the existing data . 2 . Perform survey control and topographic mapping of the site (Mastin Land Surveys) which would be used to determine the bridge alignment and profile, span lengths , abutment placement, and right-of-way location. 3 . Establish a preliminary bridge alignment . 4 . Assist the City as lead agency in preparing environmental evaluations for local , state, and federal agencies including Fish and Game permits , and Army Corps of Engineers 404 permit . A separate archeological survey is not proposed for the pedestrian bridge . It is assumed that a comprehensive archaeological survey will be completed for the whole site and that the cost will accompany the Lewis Avenue bridge. It is understood from recent conversations with City staff that wetlands, historical , and biological evaluations will not be required for this project . Therefore, these services are not included as a part of this proposal but can be provided, if necessary, at an additional cost . 5 . A separate foundation report for the pedestrian bridge alone would be prepared by Moore & Taber . 6 . Preparing' design concept (s) of the pedestrian bridge for presentation to the City staff , incorporating the results from the preliminary design phase . Mr . Dave Carter , Structural Engineer will work with an architect in developing the design concept . We propose to submit one set of conceptual renderings of both a prefabricated steel structure and a custom-designed structure . One of these concepts would be selected by the City staff in order to resolve a final design concept . 7 . Part of the preliminary design phase would be to meet with the Director of Public Works/City Engineer as necessary and to coordinate and work with any special committees assisting in defining the project character. Our fee includes attending up to ( 5 ) such meetings . The design phase would include : Based on the City' s recommendations , we would proceed with the final design of either the prefabricated steel or the custom designed structure . Mr . Carter will work with an architect during this project phase 'as well. We have structured our fee to pursue either case . If the City wishes to have its own architect develop a concept for the bridge then the incorporation of these chanes will be negotiated at that time . Establish the final bridge alignment , profile, structural design, sidewalk approaches and utility accommodations. The quantity and cost estimates and the plans and specifications would be compiled . The City and appropriate committees would review all of the design documents . It is our intent to assist and coordinate with committees involved with establishing the character and in maintaining the unique environment of the downtown area. Customary changes, as approved by the Director of Public Works would be incorporated into the plans and specifications . The bidding and contract award phase would include : Assist the City during bidding concerning technical questions and in the subsequent review of the successful bidder . We will provide ( 25 ) sets of the plans and specifications plus one original set for the City, oversee the bid opening and evaluate the bids . JLWA would also attend a City Council meeting to make a recommendation regarding contract award. EXHIBIT B SECTION IV CONSULTANT FEES AND PROJECTED BUDGET* Lewis Avenue Vehicular Bridge . . . . . . . . . . . . . . . . . . . . . . . $ 27 , 300 Pedestrian Bridge With Prefabricated Pedestrian Bridge . . . . . . . . . . . $ 22 , 400 With Custom Design Pedestrian Bridge . . . . . . . . . . . $ 25 , 300 Roadway Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15 ,000 Combined Project With Prefabricated Pedestrian Bridge . . . . . . . . . . . $ 60,000 With Custom Design Pedestrian Bridge . . . . . . . . . . . $ 62 , 900 Additional Cost : Foundation Investigation - Lewis Avenue Bridge . . . . . . . $ 300 _Foundation Investigation - Pedestrian Bridge $ 6 ,000** * Additional services not included in the scope of work (such as construction inspection and administration) would be billed at the' hourly rates indicated in the professional fee schedule, Appendix C . ** It is anticipated that a substantial reduction could be realized with respect to the foundation investigation fees if the City wishes to waive any requirement for professional liability insurance. Fees shown above will be billed monthly as charges are incurred APPENDIX "C" JOHN L . WALLACE & ASSOCIATES SCHEDULE OF FEES Effective to July 1, 1988 The client hereby agrees to pay John L . Wallace and Associates as compensation for his services , fees according to the following schedule: a. Principal . . . . . . . . . . . . . . $ 55 .00 b. Registered Civil Engineer . . . . . . $ 42 . 50 C . Associate Civil Engineer . . . . . . . $ 37. 50 d. Construction Inspector . . . . . . . . $ 42 . 50 e. Draftsmen and other Engineering Technicians . . . . . . $ 27 . 00 f . Secretary . . . . . . . . . . . . . . . $ 20 .00 g. Actual costs of direct expenses incurred plus 10%, for work and services requested by Client , including but not limited to: - automobile at $0 . 25 per mile; - lodging and meals; - long distance telephone, telegram; - postage ; - cost for outside professional consultants required for the work; - materials required for the job and used in drafting and allied activities including printing and reproduction costs . TH TARTAGLIA-HUGHES CONSULTING ENGINEERS 7360 EL CAMINO REAL, SUITE E • P. 0. BOX 1930 ATASCADERO, CALIFORNIA 93423 PHONE (805) 466.5660 City of Atascadero May 3, 1988 6500 Palma Avenue Atascadero, CA 93422 File: 88-15 Attention: Mr. Paul Sensibaugh City Engineer Subject: Palma Avenue-Lewis Avenue Realignment Consultant Services Agreement Dear Mr. Sensibaugh: Attached please find our completed Consultant Services Agreement for the subject project. There are two items that we would like to address which are not specifically covered in the standard agreement. These are: 1. Article 3, "Responsibility of City" states that the City will provide soils reports which should include R-value tests or R-value test data. Should the City desire to have additional R-value tests taken, our firm would coordinate such work and the City would pay the testing cost directly to the geotechnical firm. 2. Construction Engineering would be provided for under a separate contract or by an amendment to this con- tract. Construction engineering would consist of: a. Attend the preconstruction conference. b. Contract administration during construction. C. Attend final inspection. d. Prepare project pay estimate. Should the City desire to have our firm provide construction inspection and construction staking, those services would be provided for on an hourly basis in accordance with the fee schedule attached, Exhibit B-2 . City of Atascadero May 3, 1988 Att. : Mr. P. Sensibaugh Page 2 Re: Consultant Services Agreement If you have any questions or comments pertaining to this contract, please contact this office. Otherwise, we will wait to receive your "Notice to Proceed. " Sincerely yours, Tartaglia-Hughes Consulting Engineers Robert C. Tartaglia Civil Engineer RCT:jf Attachment CONSULTANT SERVICES AGREEMENT THIS AGREEMENT, made this day of , 19 , by and between the CITY OF ATASCADERO, hereinafter referred to as "City", and Tartaglia-Hughes Consulting Engineers, hereinafter referred to as "Consultant". Witnesseth For and in consideration of the mutual covenants herein- contained, the parties hereto agree as follows: Article 1 Authorization A. Consultant will perform this Agreement in conjunction with the Purchase Order issued by the [City Department) . b. The following exhibits are attached hereto and incorporated herein by reference as though here fully set forth. Exhibit "A" - Scope of Services Exhibit "B" - Payment Schedule Exhibit "C" - Subconsultant List 3/12/87 1 CC: CMgr • Article 2 Responsibilities of Consultant A. Scope. Consultant will provide the following engineering services as described herein and under Exhibit "A" for the City project hereinafter described: Palma Avenue-Lewis Avenue Realignment Project No. B. Coordination. In the performance of Consul tant's service under this Agreement, Consultant agrees that he will maintain such coordination with City officials as may be requested and desirable, including primary coordination with the Project Coordinator, herein designated as the and also with the following City officials: C. Consultant's Services. Insofar as they may be applicable to the project contemplated by this Agreement, Consultant shall render the services and furnish the work tasks as described in Exhibit "A", commencing with receipt of a written Notice to Proceed signed by the Project Coordinator and by the City Manager. Article 3 Responsibilities of City - - City shall cooperate with Consultant on all phases of the work covered by this Agreement and will make available 2 to him, as his needs indicate, all existing maps, topographic maps, aerial photographs, soils reports, and other similar data in possession of City covering the site as selected. City shall also be responsible for providing such staff production assistance as is specified in Exhibit"A". Article 4 Fee and Provision for Payment City will pay Consultant a fee not to exceed $ 5, 485.00 for work contracted in this Agreement and billed for based on the payment schedule in Exhibit "B". Consultant shall be paid no later than thirty (30) days following receipt by City of Consultant's progress report and invoice. Any additional applicable hourly rate billings as authorized in Article 5 shall be based on the Fee Schedule contained in Exhibit Article 5 Payment for Extra Work or Changes Any claim for payment for extra work or changes in the work will be paid by City only upon certification by the City Manager that the claimed extra work or change was authorized in advance by the Project Coordinator and the City Manager, and that the work has been satisfactorily completed. - Claims for such extra work must be submitted by Consultant within thirty (30) days of completion of such work and must be 3 accompanied by a statement of itemized costs covering said work. Article 6 Suspension or Termination of Agreement A. Suspension of Agreement. If Consultant fails to comply with the conditions of the Agreement, City may, by written notice of the Project Coordinator and the City Manager, suspend the Agreement and withhold further payments pending corrective action by Consultant or a decision to terminate the Agreement. After receipt of notice of suspension, Consultant may not incur additional obligations of Agreement funds during the suspension unless specifically authorized by the Project Coordinator and the 'City Manager. B. Termination for Convenience. Either party hereto shall have the right to terminate this Agreement upon giving ten (10) days written notice of such termination to the other party. In the event of the termination of this project in its entirety, notwithstanding any other fee provisions of this Agreement, based upon work accomplished by Consultant prior to notice of such termination, City shall determine the amount of fee to be paid to Consultant for his services based upon the provisions in Exhibit "B", and such findings of City shall be final and conclusive as to the amount of such ' fee. In the event of termination of any portion of this project, Consultant shall be entitled to the reasonable value of his 4 services involved in the termination, as determined by City, upon a finding which shall be final and conclusive as to the amount of fee due and owing. Article 7 Time of Completion Consultant agrees to diligently pursue his work under this Agreement and to complete the work as described in Exhibit "A" in accordance with the standards of the profession within sixty ( 60 ) calendar days of receipt of the Notice to Proceed. Consultant shall not be responsible for any delay which is caused by City review, action or inaction of City and/or any state or federal agency, or acts of God, but shall be responsible for his own fault or negli- gence or that of any of his subcontractors. If the work is not completed by Consultant in the time specified for each item, or within any period of exten- sion authorized in writing by the Project Coordinator, it is understood that City will suffer damages and Consultant will pay to City, as fixed and liquidated damages (not as a penalty) , the sum of $ -0- for each calendar day of the delay until the work is completed and accepted. Consultant is liable for the amount thereof, and City may deduct said sums from any money due or that may become due to Consultant. 5 Within seven (7) calendar days of commencement of work under this Agreement, Consultant shall submit to City for approval, a completion schedule in graphic form clearly delineating all important increments and review dates. Article 8 Conflicts of Interest No member, officer, or employee of City, during his or her tenure, or for one (1) year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. Article 9 Ownership of Data The ownership of all data collected for use by Consultant under this Agreement, together with working papers, drawings, and other materials necessary for a complete under- standing of the plans and necessary for the practical use of the plans shall be vested in City. Ownership of original drawings and documents shall be vested in City. Consultant may retain a copy of all work for his own use. Article 10 Covenant Against Contincrent Fees Consultant warrants that he has not employed or retained any company or person, other than a bona fide 6 employee working solely for him, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for him, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent on or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the contract price or consideration or otherwise recover, the full amount of such fee, commission, percentage fee, gift, or contingency. Article 11 Contract Personnel The work to be done pursuant to this Agreement shall be done by Robert C. Tartaglia License No. gCE 24084 , and such other personnel in the employ or under the supervision of Consultant who shall be approved by City. The City official who shall be vested with the right of approval of such additional personnel or outside contracting parties shall be the City Manager. City reserves the right to reject any of Consultant's personnel or proposed outside consultants, and City reserves the right to request that acceptable replacement personnel be assigned to the project. Consultant shall provide a list (Exhibit "C") of all other consultants or outside contracting parties. 7 Article 12 Indemnity Clause Consultant shall defend, indemnify, and save harm- less the City of Atascadero, its officers, agents, and employees, from any and all claims, demands, damages, costs, expenses, and liabilities arising out of this Agreement or occasioned by the negligent performance or attempted negligent performance of the provisions hereof, including, but not limited to, any negligent act or omission to act on the part of Consultant or his agents or employees or independent contractors directly responsible to him, except that the above shall not apply to the sole negligence or willful misconduct of City or City's agents, servants, or independent contractors who are directly responsible to City. This indemnification provision shall apply even if there is concurrent or joint negligence of indemnitor and indemnitee, and even if there is active or passive negligence by either or both parties. Nothing in this Article shall apply to any liability covered by Consultant's errors and omissions insurance. Article 13 Insurance A. Errors and Omissions Insurance. Consultant shall obtain and maintain, at his own expense, prior to commencement of the work of this Agreement, professional 8 liability (errors and omissions) insurance, in a company authorized to issue such insurance in the State of California, with limits of liability of not less than $100, 000.00 [normally $100, 000. 00] to cover all professional services rendered pursuant to this Agreement. [Optional clause: Such insurance shall be kept in force for one (1) year beyond the date of Notice of Completion of the project as accepted by the City Council. ] B. Automobile and Public Liability Insurance. Consultant shall also maintain in full force and effect for the duration of this Agreement, automobile insurance and public liability insurance with an insurance carrier satisfac- tory to City, which insurance shall include protection against claims arising from personal injury, including death resulting therefrom, and damage to property resulting from any actual occurrence arising out of the performance of this Agreement. The amounts of insurance shall be not less than the following: Single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage or a combination thereof in an amount not less than $500, 000. The following endorsements must be attached to the policy or policies: (1) If the insurance policy covers on an "accident" basis, it must be changed to "occurrence". 9 (2) The policy must cover personal injury as well as bodily injury. (3) Broad form property damage liability must be afforded. (4) The City of Atascadero, its officers, employees, and agents, shall be named as insureds under the policy, and the policy shall stipulate that the insurance will operate as primary insurance and that no other insurance t : effected by City will be called upon to contribute to a loss hereunder. (5) The policy shall contain contractual liability, either on a blanket basis or by identifying this Agreement within a contractual liability endorsement. (6) The policy shall contain "cross-liability" such that each insured is covered as if -separate policies had been issued to each insured. (7) City shall be given thirty (30) days notice prior to cancellation or reduction in coverage of the insurance. C. Workers Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant shall be insured against liability for workers compensation or undertake self-insurance. Consultant agrees to comply with such provisions before commencing performance of any work under this Agreement. 10 D. Certificates of Insurance. Consultant shall submit to the City Manager all certificates of insurance evidencing that Consultant has the insurance required by this Agreement within ten (10) days after receipt of Notice of Award. Said certificates shall state the project number and that the policy shall not be assigned, cancelled, or reduced in coverage without thirty (30) days written notice to City, and that such insurance not relieve or decrease the extent to which Consultant may be held responsible for payment of damages resulting from any service or operation performed pursuant to this Agreement. Consultant shall not perform any work under this Agreement until he has obtained the required insurance and until the required insurance certificates have been submitted to City and approved by the City Attorney. If Consultant fails or refuses to procure or maintain the insurance required by these provisions, or fails or refuses to furnish City required proof that insurance has been procured and is in force and paid for, City shall have the right, at its discretion, to forthwith terminate this Agreement. Article 14 Status Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor, and ' in no event shall any of his personnel or subcontractors be construed to be employees of City. 11 • Article 15 Non-Discrimination Consultant shall comply with the provisions of Presidential Executive Order No. 11246 of September 24, 1965, and all other orders, regulations, and laws governing non- discrimination in employment, including in particular, Section 122 (a) of the State and Local Fiscal Assistance Act of 1972. Article 16 Modification of Agreement This Agreement may be modified only by a written amendment signed by both parties hereto. Article 17 Law Governing This Agreement shall be governed by the laws of the State of California. Article 18 Communications Communications between the parties to this Agreement may be sent to the following addresses: City: CITY OF ATASCADERO 6500 Palma Avenue P.O. Box 747 ' Atascadero, CA 93423 Attn: City Manager 12 Consultant: Tartaglia-Hughes Consulting Engineers P. 0. Box 1930 Atascadero, CA 93423 ACCEPTED AND AGREED this day of , 19 CITY: CONSULTANT: CITY OF ATASCADERO, a municipal corporation By BY Mayor Robert C. Tartaglia ATTEST• City Clerk APPROVED AS TO CONTENT: APPROVED AS TO FORM: Project ordinator City Attorney JGJ: fr/2/24/87 C:AGATA339 13 TH TARTAGLIA-HUGHES CONSULTING ENGINEERS 7360 EL CAMINO REAL, SUITE E • P. O. BOX 1930 ATASCADERO, CALIFORNIA 93423 PHONE (805) 466.5660 Exhibit "A" SCOPE OF SERVICES The following scope of services shall be provided by Tartaglia- Hughes Consulting Engineers for the completion of design serv- ices for the Palma Avenue-Lewis Avenue street realignment. I. PRELIMINARY ENGINEERING 1 . Meet with the City Public Works Department for project coordination and design requirements. 2 . Obtain drawings of record for street alignment, water system improvements and sewer system im- provements. 3. Meet with utility companies to coordinate and determine the actual field location of P.G. & E. , Southern California Gas Co. , Pacific Bell and Cable TV, if necessary. 4. Preliminary engineering design. II. FIELD SURVEYING FOR DESIGN 1. Alignment layout and centerline control of existing streets. " 2. Set temporary bench marks for profile levels, topographic survey and future construction. 3. Field locate all existing improvements, pipes, and conduits with sizes and flow line elevations. Locate all utility improvements listed in I-3 above. 4. Complete topographic survey for final design. III. PROJECT DESIGN 1 . Preparation of project plans which will consist of: a. front sheet b. plan and profile sheets (20 scale) C. detail and cross section sheets 2 . Preparation of project specifications which will consist of bidding documents, general provisions and special provisions for the project work. 3. Quantity estimate and construction cost estimate. 4 . Print and submit 25 sets of final plans and specifications to the City. Exhibit "B" Payment Schedule City will pay Consultant a fixed fee equal to $5 , 485. 00 for work contracted for in this Agreement when completed and accepted by City, based upon the following disbursement and preliminary project schedule. J: Description Schedule % Complete Amount Preliminary Engineering I & LI 40% $ 2 , 195 . 00 & Field surveying -- -- $ -- Final Degicrn III 60% $ 3,290 . 00 TOTAL $ 5 , 485. 00 Hourly fee schedule for extra work: See Exhibit "B-2" • T,, TARTAGLIA-HUGHES CONSULTING ENGINEERS 7360 EL CAMINO REAL, SUITE E • P. O. BOX 1930 ATASCADERO, CALIFORNIA 93423 PHONE (SOD) 466.5660 Exhibit B--2 FEE SCHEDULE M-88 Professional Engineer $53. 00 per hr. Licensed Land Surveyor 45.00 per hr. Assistant Engineer/Design Tech. 38.00 per hr. Engineer Tech. /Draftsman 30.00 per hr. Inspector 38.00 per hr. Engineering Aid 22.00 per hr. Clerical 16. 00 per hr. Survey Party Two Men $ 95.00 per hr. Three Men 120 .00 per hr. Mileage shall be at the rate of $0. 35 per mile, Per diem expenses at the rate of $50.00 per man-day. Exhibit "C" Subconsultant List Name (Firm) : None Address: Telephone: Responsible Individual: Project Responsibility: Name (Firm) : Address: Telephone: Responsible Individual: Project Responsibility: Name (Firm) : Address: Telephoner Responsible Individual: Project Responsibility: