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HomeMy WebLinkAbout2009-09-09 e-packet~zx s.aN 50 .~~,,.~. 'P,9 Ott '-, ~`' ~ ~ H ay., i U O \'~L I Fnuty`/ AGENDA REDEVELOPMElVTT AGENCY CITY OF SOUTH SAN l~F'.ANCISCO REGULAR MEETING MUNICIPAL SERVICES BUILDING COivIl~IU'NITY ROC)M WEDNESDAY, SEPTEMBER 9, 2009 6:30 P.M. PEOPLE CF SOU T H SAN FRANCISCO You are invited to offer your suggestions. In order ghat you may know our rriethod of conducting Agency business, ~x7P proceed as follows: The regular meeting of the Redevelopment Agency is held on the second ~v edr~esday of each month at 6:30 p.m. in the Municipal Services Building, Community Room., 33 Arroyo Drive, South San Francisco, California. Public Comment: For those wishing to address the Board on any Agenda or non-Agendized item, please complete a Speaker Card located at the entrance to the Community Room and submit ii to the Clerk. Please be sure to indicate the Agenda Item # you wish to addreas or the topic of your public comment. California lav~~ prevents Redevelopment Agency from taking action on any item not on the Agenda (except in emergency circumstances). Your question or problem maybe referred to staff for investigation and/or action where appropriate or the matier may be placed on a future Agenda for more comprehensive action or a report. ~~hen your name is called, please come to t'_re podium, state your name and address for the Minutes. COMMENTS ARE LIMITED TO THREE (3} MI1~IUTES PER SPEAKER. Thank you for your cooperation. The Clerk will read successively the items of business appearing oil the Agenda. As she completes reading an item, it will be ready for Board action. KARYL MATSUMOTO Chair MARK N. ADDIEGO Vice Chair RICHARD A. GARBARINO Boardmember RICHARD BATTAGLIA Investment Officer BARRY M. NAGEL Executive Director PEDRO GONZALEZ Boardmember KEVIN MULLIN Boardmember KRISTA MARTINELLI-CARSON Clerk STEVEN T. MATTAS Counsel PLEASE SILENCE CELL PHONE'S AND PAGERS HEARING ASSISTANCE EQUIPMENT IS AVAILABLE FOR USE BY THE HEARING-IIvIP.AIRED AT REDEVELOPMENT AGENCY MEETINGS In accordance with California Government Code Section 54957.5, any writing or document that is a public record, relates to an open session agenda item, and is distributed less than 72 hours prior to a regular meeting will be made available for public inspection in the City Clerk's Offcce located at City Hall. If, however, the document or writing is not distributed until the regular meeting to which it relates, then the document or writing will be made available to the public at the location of the meeting, as listed on this agenda. The address of City Hall is 400 Grand Avenue, South San Francisco, California 94080. CALL TO ORDER ROLL CALL AGENDA REVIEW r ~TBLIC CONINIENTS CONSENT CALEND Motion to approve the minutes of the meetings of July 8, 2009 and July 22; 2009. 2. Motion to confirm the expense claims of September 9, 2009. 3. Resolution approving an Agreement with Seifel Cors~alting Inc. for preparation of the 2009 Five Year Implementation Plan in an amount not to exceed $3,000. 4. Resonation awarding a Consulting Services Agreement to ~'Vilsey Ham, Inc. for right-of- way and survey services for the netiv Caltrain Station Project (~Io. ~8-13232-0320). ADMINISTRATIVE BUSINESS ~. Resolution av~arding Consulting Services Agreements to ConsoLdated Engineering Laboratories and Cotton, Shires and Associates for special construction and geotechnical testing and inspection services for the Miller Avenue Parking Structure Project. PUBLIC HEARING 6. Implementation Plan Mid-term Review. State required. Public Hearing for Redevelopment Agency to review accomplishments in meeting Five Year Implementation Plan goals and objectives. ADJOURNMENT REGULAR REDEVELOPMENT AGENCY MEETING SEPTEMBER 9, 2009 AGENDA PAGE 2 ASH SAS, 4 -_ q ~ ~-~ - ti O U O \ ~u_~. ~~ -~ ~~: \ C~~LIrOR~1~' 1VIINUTE S ~A AGENDA ITEM # 1 REDEVELOPMENT AGENCY CITY OF SOUTH SAN IiRANCISCO REGULAR MEE~TTNG MUNICIl'AL SERVICES BUILDING COMMUI~TITY ROOi~i WEDNESDAY, JULY' 8, 2009 5:30 P.M. CALL TO ORDER 6:34 P.Tv1. ROLL CALL PRESENT: Boardmembers Garbarino, Gonzalez and Mullin, Vice Chairman Addiego and Chairwoman Matsumoto. ABSENT: None AGENDA x~ V I E W No Changes. PUBLIC COMMENTS None CONSENT CALENDAR 1. Motion to approve the minutes of June 10, 2009. 2. Motion to confirm the expense claims of July 8, 2009 in the amount of $122,703.60. 3. Resolution objecting to any seizure by the State Government of the City's Street Maintenance and Redevelopment Funds. 4. Cancellation of the Regular Redevelopment Agency Meeting on August 12, 2009. Motion -Boardmember Gonzalez/Second -Boardmember Garbarino: to approve Consent Calendar Item Nos. 1 and 4. Unanimously approved by voice vote. Item No. 2 -Vice Chairman Addiego requested a status report on the flooring and plumbing being done at the Greenv X-Ray house located on Longford Drive. Assistant City Manager Marty Van Duyn stated the flooring; and plumbing we close to being completed but some items were still on back order. It was anticipated to be open by the end of August. Vice Chairman Addiego asked City Attorney, Steve Mattas if he and Boardmember Gonzalez should excuse themselves from voting on the monies being E;xt.ended to the Boys and Girls Club as they are both voting members of its board. Attorney Mattas recommended they abstain. Vice Chairman Addiego stated for the record he would be to abstaining from the two (2) line items pertinent to the Boys and Girls Club. Boardmember Gonzalez stated for the record he would also be to abstaining from the two (2) line items pertinent to the Boys and Girls Club. Motion -Boardmember Garbarino/Second -Boardmember Mullin: to approve Boys and Girls Club expenditure items from June 17, 2009 in the amounts c-f $6252 and $5700, listed on page one (1) of the expense claim for July 8, 2009. The motion was approved by the following vote: AYES: Boardmembers Garbarino and Mullin, Chairwoman Matsumoto. NOES: None. ABSTAIN: Boardmember Gonzalez and Vice Chairman Addiego. ABSENT: None. Motion -Vice Chairman Addiego/Second -Boardmember Gonzalez: to approve the remaining items on the expense claim for July 8, 2009. Unanimously approved by voice vote. Item No. 3 -Boardmember Gonzalez wanted an explanation of item for the benefit of the public. City Manager, Barry Nagel stated if he wished, the item could. be explained during the City Council meeting as it is also on that agenda. The City Council meeting would be televised for the viewing public. Boardmember Gonzalez agreed to have the item explained during the City Council meeting later in the evening. Vice Chairman Addiego questioned if there would be a financial expenditure that could be anticipated if the City cooperated with the League of California Cities, the California Redevelopment Board and other local governments as stated in the Staff Report. Attorney Mattas stated it was unlikely. On a related note Meyers Nave, City Attorney Mattas' firm had been asked by the League of California Cities to write the Amicus (Friend of the Courts) brief on behalf of the California Cities. Motion -Boardmember Gonzalez/Second Vice Chairman Addiego: to approve Resolution No. 17-2009. Unanimously approved by voice vote. ADMINISTRATIVE BUSINESS 5. Resolution authorizing the expenditure of Tax Increment Funds for the acquisition of land for roadway improvements required in connection with the Caltrain Station Improvement Project, adopting findings required by Health and Safety Code Section 33445, and authorizing execution of an Agreement Affecting Real Property, an Interim Parking License Agreement and a Temporary Construction Easement Agreement. Housing and Redevelopment Manager, Norma Fragoso presented the Staff Report which stated the City and Agency staff had been collaborating on a joint project to construct a new Caltrain REGULAR REDEVELOPMENT AGENCY MEETING JULY 8, 2009 MINUTES PAGE 2 Station and related public improvements including a pedestrian tunnel connecting the east and west side of the Caltrain Station from Airport Boulevard to East Grand Avenue at Route 101 in the City (Project). In connection with the Project, an Agreement Affecting Real Property (Agreement) by and among the City, the Agency and the owner of the Comfort Suites Hotel located in the Project Area at 121 East Grand Avenue (Property) was reached, stating: (i) the Agency proposed to acquire a portion of the Property consisting of approximately 722 square feet (Fee Parcel) for the purpose of improving the public right of way, (ii) pursuant to a proposed Temporary Construction Easement Agreement (TCE Agreement), the Agency proposed to acquire a temporary construction easement (TCE), exercisable at the time that Project construction commences, and (iii) pursuant to a proposed License Agreement (License Agreement), the Agency and City proposed to grant an interim parking license to the owner of the Comfort Suites Hotel for use prior to the time that Proj ec;t construction commenced. Boardmember Gonzalez questioned the amount stated on page three (3) and asked if the sum was $180,000. He also requested clarification of the statement which said, "the Agency to Owner an amount equal to $255.78 times the number of days that Agency use of the Easement Area exceeds ten (10) full months." Manager Fragoso stated the numbers were misprinted and the $180,000 was off by the difference. The TCE gives the Agency up to 10 years to begin construction, due to the delay of Caltrain station. The Agreement with the Owner stated the ten (10) months would begin once notice was given on the start of construction. It could also be extended an additional six (6) months if necessary. Vice Chairman Addiego questioned the schedule for the licensing fee relative to the time of purchasing the property. Manager Fragoso explained the Agency was purchasing a shiver of the property, but would not do anything with it until it regained the right of way. Once the right of way was regained, the temporary construction easement would go into effect for the ten month period with the option of a six (6) month extension. The licensing fee would be effective immediately. Referencing section (v) page 15, Vice Chairman Addiego questioned if the numbers were going to be plugged in. In regards to study session with Caltrain, HSR and electrification, he felt he could support it because it was a modest amount of money, but questioned if the Agency was moving ahead with the negotiations for the Caltrain right of'way. Manager Fragoso stated the intent was since parking was bf;ing removed, the hotel wanted to be grandfathered in with a number of spaces that is slightly above the average, yet to be determined. The existing number of spaces would be plugged in as soon as they were available. Assistant City Manager, Marty Van Duyn responded to the Vice Chairman's last question and stated the Agency was holding back on air space lease but the property should still be part of the City holdings, as it is key in long term development effort in the neighborhood. The Agency was close to agreement with Caltrain. He felt it was in the City's best interest to hold that particular property regardless of the Caltrain decision as the site may still be used as some sort of surface access or for a public purpose. In addition, the Agency alrE;ady owned the adjacent property, the former service station site. Boardmember Garbarino agreed it would be money well spent. REGULAR REDEVELOPMENT AGENCY MEETING JULY 8, 2009 MINUTES PAGE 3 Motion -Boardmember Gonzalez/Second -Boardmember CJarbarino: to approve Resolution No. 18-2009. Unanimously approved by voice vote. 6. Resolution awarding a Contract to D.L. Falk Construction, Inc. for Construction of the Emergency Operations Center/Training Classroom iri an amount not to exceed $714,000. Public Works Director, Terry White presented the Staff Report which highlighted the benefits of constructing a new Emergency Operations Center/Training Classroom (EOC). The project would allow the City to upgrade its existing EOC facilities to meet the emergency management needs of today. Many world-wide disasters have demonstrated how important it is for local government to have robust communications systems, dependable back-up power and the ability for an EOC to operate for not only days, but weeks if necessary. The Staff Report also highlighted D.L. Falk Construction, Inc.'s estimated bid compared to other bidding agencies and was reported as 11 % lower than the City Engineer's estimate. Should the Board approve the bid, it would achieve its goal of keeping 1;he project cost within its $1 million budget. However, Staff strongly suggested consideration of add an alternate, which would allow the City the flexibility to add a second story to the EOC at a future date. Funding of future improvements such as a second floor, photovoltaic and solar water heating systems, etc. would result from the pursuit of grants. If this option was chosen, a.n amendment to the Capitol Improvement Program (CIP) budget would have to be made. Boardmember Mullin questioned if the amendment to the CIP would be a separate action to come later or was it being decided on tonight. Director White stated current resolution would have to be amended to also include amending the 2009-2010 CIP budget. Attorney Mattas stated the amendment could be done this evening. Vice Chairman Addiego clarified that, as reflected in the Staff Report, to build just the first floor with no provisions was $990,181, approximately $1 million.. He questioned what the second floor would potentially consist of. Mayor Matsumoto requested specifics when explaining how the second floor would be envisioned and the timing involved. Fire Chief, Phil White started if and when a second story w;as built, it would include additional offices, meeting rooms and storage similar to those located at the Orange Library. As Director White mentioned, it made sense to put in a reinforced foundation now, rather than rebuilding the entire structure at a later date Chairwoman Matsumoto understood the current allocation Hof space at the fire station was adequate. Chief White stated what was allocated originally was enough to get the first floor but adding a second floor had always been planned if funds ever became; available. He further explained as the site gets developed, the what-ifs need to be taken into consideration and now would be a good time to plan for tomorrow. In the future if a second floor was added, it would serve both EOC functions and provide additional classroom space. REGULAR REDEVELOPMENT AGENCY MEETING JULY 8, 2009 MINUTES PAGE 4 Vice Chairman Addiego stated he would be supportive if the: potential was to add the second floor within the next five (5) to ten (10) years. However, if it was going to be further out into the future, he feared code changes could affect the project. He questioned what the anticipated time frame was to start the project. Chief White stated funds were being sought now and building would begin tomorrow if it were possible. At this time, criteria were not met for some of the grants available now but, a grant for January 2010 was being looked at. Boardmember Garbarino concurred with the Vice Chairman about the timing concerns, but felt it would be money well spent as the current EOC was inadequate. He was supportive of the project. Boardmember Gonzalez wanted to understand the cost right now for first floor with potential to add a second floor in the future. How much was the total and did the Board have to have to come with extra money for the plan now? Director White stated, without looking at the plans, it was approximately $225,000 plus contingencies and other related costs bringing the estimate to somewhere around an additional $260,000 including the foundation work. He reiterated the (CIP budget would need to be amended to cover these additional costs. Boardmember Gonzalez stated he was ready to approve project with the understanding that it would be completed soon, pending funding. Motion -Boardmember Garbarino/Second Boardmember Gonzalez: to approve Resolution No. 19-2009. ADJOURNMENT Being of no further business, Chairwoman Matsumoto adjourned the meeting at 7:16 P.M. Submitted by: ~. Anna M. Hernandez, Deputy Clerk, Redevelopment Agency Approved: Karyl Matsumoto, Chairwoman, Redevelopment Agency REGULAR REDEVELOPMENT AGENCY MEETING MINUTES NLY 8, 2009 PAGE 5 MINUTES RDA AGENDA ITEM # '_ ~o.~zx s~v~~ o ~ SPECIAL MEETING ., o' REDEVELOPMENT AGENCY c'~LIFOR~l~ CITY OF SOUTH SAN FR,~NCISCO P.O. Box 711 (City Hail, 400 Grand Avenue) South San Francisco, California 94083 Ivieeting to be heid at: MUNICIPAL SIJRVICIiJS BUILDING COMMUNITY RCOM 33 ARROYO DRIVE SOUTH SAN FRANCISCO, CA WEDNESDAY, JULY 22, 2009 6:30 P.M. Purpose of the meeting: 1. Call to Order TIME: 6:33 P.I`~. 2. Roll Call PRESENT: Boardm.embers Garbarino, Gonzalez, Mullin, Vice Chairm~ui~ Addiego and Chairwoman Matsumoto ABSENT: None. 3. Public Comments - ccmm~nts are limitea to items on the Special 1Vleeting ~igejzda. 4. CLOSED SESSION: Conference with Legal Counsel -- Existing L itigation (Pursuant to Government Code Section 54956.9(a).) City of South San Francisco Redevelopment Agency vs. Clear Channel TIME IN: 6:33 P.M. TIME OUT: 7:01 P.M. Report out of Closed Session: Direction given. No reportable action taken. 5. Adjournment. Being of no further business, Chairwoman Matsumoto adjourned the meeting at 7:01 P.M. Submitted by: n~ Anna M. Hernandez, Deputy Clerk, Redevelopment Agency Approved: Karyl Matsumoto, Chairwoman, Redevelopment Agency 0 ~~ o c`~LIFOR~1~ RDA AGENDA ITEM # 2 I certify that the demands set forth on this payment register are accurate and funds are available for payment.* ~ C/r uATED : u ~ ~t ~.~ 4 .. FINAivCE DIRECTOR *Note: Items below do not include payroll related payments Checks: Date Amount 07/15/09 25,615.73 07/22/09 374.55 07/29/09 7,530,491.00 (Includes annual pass through payments) 08/05/09 7,028.83 08%12/09 3,729.23 08/i9/09 36,993.43 08/26/09 36,661.65 09%02/09 41,281.On Electronic Payments: Date Amount To Description 07/16/09 57,469.24 Deutsch Bank Debt Service 07/20!09 100,000.00 P~r.ericar_ Trust 1st Ti~«e Home Buyer Program 08/2.8/09 50,000.00 F1meLican Trust 2nd Time Home Buyer Program 08/31/09 3,064,473.13 Bank of 1Vew Yoz-k Debt Service Total Payments $ 10,954,117.79 This is to certify that the above bills were confirmed at the regular meeting of the Redevelopment Agency of South San Francisco held September 9, 2009. 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FOR PREPARATION OF THE 2009 FIVE YEAR IMPLEMENTATION PLAN IN AN AMOUNT NOT TO EXCEED $35,000 RECOMII~NDATION It is recommended that the Redevelopment Agency Board adopt the attached Resolution authorizing the Executive Director to execute an Agreement with Seifel Consulting Inc. for preparation of the 2009 Five Year Implementation Plan in an amount not to exceed $35,000. BACKGROUND/DISCUSSI California Redevelopment Law requires Agencies to adopt a-Five Year Implementation Plan for each redevelopment project area. The City's Redevelopment Agency adopted an lmplementation Plan during the Fiscal Merger and Plan Amendment which was approved in 2004 and included the four project areas in the City of South San Francisco. The existing Implementation Plan expires in 2009 and must be renewed for the period between 2009- l 0 and 2014- 15. The Plan must contain specific goals and objectives of the agency for each project area, and a report on Agency accomplishments during the prior five year period. Further, the Plan must identify specific programs and estimated expenditures proposed to be made during the next five years, as well as an explanation of how they will eliminate blight within the project areas and implement the low- and moderate income housing requirements. Seifel Consulting successfully facilitated the 2004 Fiscal Merger, Plan Amendment and Implementation Plan adopted five years ago. Staff believes their experience and knowledge gives them an advantage over other consulting firms, enabling an expeditious and cost effective process for the new Implementation Plan. Seifel Consulting was asked to provide a scope of work and budget for the new Five Year Implementation Plan because of their familiarity with the Agency's Project Areas, tax increment and pass through agreements with taxing entities. Seifel has recently worked with the City's finance department to complete financial models projecting tax increment revenues in all of the Project Areas. Seifel will leverage this work in order to summarize the Agency's financial resources as required for the five year implementation plan. They will also refine assumptions of new development for each project area and work with staff to compile a list of redevelopment activities planned for the next five year term. Staff Report Subject: Agreement with Seifel Consulting for Implementation Plan Page 2 FUNDING Funding for this project is available in the current Agency budget. CONCLUSION It is recommended that the Redevelopment Agency Board adopt the attached Resolution authorizing the Executive Director to execute an Agreement with Seifel Consulting Inc. for preparation of the 2009 Five Year Implementation Plan in an amount not to exceed $35,000. ~, By. ,~,,'~-1[,, ,I, ~,~~ Z~~: 2-t _-- pproved ~, Marty Van Duyn ~ .Nagel Assistant Executive Direclb Executive Director BMN: MVD: NF Attachment: Resolution Consulting Services Agreement RESOLUTION NO REDEVELOPMENT AGENCY, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING THE EXECUTION OF A CONSULTING SERVICES AGREEMENT WITH SEIFEL CONSULTING, INC. FOR PREPARATION OF THE AGENCY'S FIVE-YEAR IMPLEMENTATION PLAN AND AUTHORIZING THE EXPENDITURE OF UP TO $35,000 FOR PREPARATION OF SUCH PLAN WHEREAS, pursuant to California Community Redevelopment Law, every five years, each redevelopment agency administering a redevelopment plan must adopt afive- year implementation plan setting forth specific redevelopment agency goals and objectives, outlining specific programs, potential projects and estimated expenditures for the coming five years, and explaining how the stated goals, objectives, programs and expenditures will eliminate blight within the project area and meet the affordable housing needs of the community; WHEREAS, the Redevelopment Agency of the City of South San Francisco ("Agency") is a redevelopment agency existing pursuant to the Community Redevelopment Law, California Health and Safety Code Section 33000, et seq. (the "CRL"), and pursuant to the authority granted thereunder, has the responsibility to carry out the Redevelopment Plans for the Downtown/Central Redevelopment Project Area, the El Camino Corridor Redevelopment Project Area, the Gateway Redevelopment Project Area and the U.S. Steel/Shearwater Redevelopment Project Area (collectively the "Project Areas"); WHEREAS, the term of the last implementation plan adopted by the Agency for the Project Areas has expired, and the Agency desires to have a new and updated implementation plan prepared; WHEREAS, Seifel Consulting, Inc., has assisted in the Agency in the preparation of prior implementation plans, and has the skills and experience required to prepare an updated plan; WHEREAS, Agency staff has prepared a Consulting Services Agreement (the "Agreement"} pursuant to which Seifel Consulting, Inc. would prepare an updated implementation plan for the Project Areas for a fee not to exceed Thirty-Five Thousand Dollars ($35,000), and has presented such Agreement to the Agency Board for consideration. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of South San Francisco that it hereby: 1288089-1 - 1 - 1. Approves the Agreement and authorizes the Executive Director or his designee to execute and deliver the Agreement substantially in the form presented to the Agency Board and on file with the Agency Secretary. 2. Approves the expenditure of up to Thirty-Five Thousand Dollars ($35,000) for the purpose of paying the consulting fee specified in the Agreement. 3. Authorizes the Executive Director to execute and deliver such other instruments and to take such other actions as necessary to carry out the intent of this Resolution. * * ~ I hereby certify that the foregoing Resolution was regularly introduced and adopted by the Redevelopment Agency of the City of South San Francisco at a meeting held on the day of , 2009 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Agency Secretary 1288089-1 _ 2 _ CONSULTING SERVICES AGREEMENT THIS CONSULTING SERVICES AGREEMENT (this "Agreement") is made by and between the Redevelopment Agency of the City of South San Francisco, a public agency ("Agency") and Seifel Consulting, Inc., a California corporation ("Consultant") effective as of , 2009 ("Effective Date"). Agency and Consultant are collectively referred to herein as the "Parties". . Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to Agency the services described in the Scope of Work attached hereto as Exhibit A (the "Scope of Work"), at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall -end on the later of three months following the Effective Date or the date of completion specified in Exhibit A, and Consultant shall complete the Scope of Work prior to that date, unless this Agreement is extended or terminated pursuant to Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a first-class manner in conformity with the standards of quality normally observed by a person practicing in Consultant's profession. 1.3 Assignment of Personnel. Consultant shall. assign only competent personnel to perform services pursuant to this Agreement. In the event that Agency, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall reassign such person or persons immediately upon receiving notice from Agency. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.2 above and to satisfy Consultant's obligations hereunder. Section 2. COMPENSATION. Agency hereby agrees to pay Consultant an aggregate sum not to exceed Thirty-Two Thousand Five Hundred Dollars ($32,500) on a time and materials basis for services to be performed and reimbursable costs incurred pursuant to this Agreement. In the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. Agency shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from Agency to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to Agency in the manner specified herein. Except as specifically authorized by Agency, Consultant shall not bill Agency for duplicate services performed by more than one person. Consulting Services Agreement between Redevelopment Agency of the City of South San Francisco and Seifel Consulting, Inc. Page 1 of 15 -3- 2.1 Invoices. Consultant shall submit invoices, not more often than once per month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information: ^ Serial identifications of progress bills; e.g., "Progress Bill No. 1" for the first invoice, etc.; ^ The beginning and ending dates of the billing period; ^ A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; ^ At Agency's option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense; ^ The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the Scope of Work; ^ Copies of invoices and evidence of payment for reimbursable expenses; and ^ The Consultant's signature. 2.2 Monthly Payment. Subject to Section 2.3, Agency shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. Agency shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. 2.3 Final Payment. Agency shall pay the last 10% of the total sum due pursuant to this Agreement within sixty (60) days after completion of the Scope of Work and submittal to Agency of a final invoice, if all services required have been satisfactorily performed. 2.4 Total Payment. Agency shall pay for the services to be rendered by Consultant pursuant to this Agreement. Agency shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. Agency shall make no payment for- any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly. executed change order or amendment. Consulting Services Agreement between Redevelopment Agency of the City of South San Francisco and Seifel Consulting, Inc. Page 2 of 15 -4- 2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown in Exhibit A. 2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit A. Expenses not listed in Exhibit A are not chargeable to Agency. Reimbursable expenses are included in the total amount of compensation specified in Section 2. 2.7 Payment of Taxes. Consultant is solely responsible for the payment of payroll taxes and employee benefits, and Agency shall have no responsibility therefor. 2.8 Payment upon Termination. In the event that the Agency terminates this Agreement pursuant to Section 8, the Agency shall compensate the Consultant for reimbursable expenses incurred and for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. 2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever pursuant to this Agreement prior to receipt of authorization from the Contract Administrator (defined in Section 10.9). Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the Scope of Work. Agency shall make available to Consultant only the facilities and equipment listed in this Section, and only under the terms and conditions set forth herein. Agency shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant's use while consulting with Agency employees and reviewing records and the information in possession of the Agency. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of Agency. In no event shall Agency be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its sole cost and expense unless otherwise specified below, shall procure the types and amounts of insurance listed below providing coverage for claims for injuries to persons or damages to property that may arise from or in connection with the performance of the Scope of Work by Consultant and its agents, representatives, employees, and subcontractors. Prior to the Effective Date, Consultant shall provide Certificates of Insurance, indicating that Consultant currently maintains insurance that meets the requirements of this Section under forms of insurance satisfactory, in all respects, to the Agency. Consultant shall maintain the insurance policies required by this Section throughout the term of this Agreement. Consultant shall not allow any subcontractor to commence work on any subcontract related to performance of the Scope of Work until Consultant or such subcontractor has obtained all insurance required herein for such subcontractor(s) and provided evidence thereof to Agency. Consulting Services Agreement between Redevelopment Agency of the City of South San Francisco and Seifel Consulting, Inc. Page 3 of 15 -5- 4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, Consultant may rely on aself-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether aself-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the Agency and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General requirements. Consultant, at its sole cost and expense, shall maintain commercial general and automobile liability insurance throughout the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage. For both the commercial general liability insurance and the automobile liability insurance, if a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Commercial general liability and automobile liability coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property, including the use of owned and non-owned automobiles. 4.2.2 Minimum scope of coverage. Commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 or GL 0002 (most recent editions) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12190) Code 8 and 9. No endorsement shall be attached limiting the coverage. 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: a. The insurance shall provide coverage on an occurrence basis, and not on a claims-made basis. b. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to Agency and the additional insureds. Consulting Services Agreement between Redevelopment Agency of the City of South San Francisco and Seifel Consulting, Inc. Page 4 of 15 -6- 4.3 Professional Liability Insurance. 4.3.1 General requirements. Consultant, at its sole cost and expense, shall maintain throughout the term of this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim. 4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form: a. The retroactive date of the policy must be shown and must be before the Effective Date of this Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Scope of Work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five years after completion of the Scope of Work. The Agency shall have the right to exercise, at the Consultant's sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the Agency prior to the commencement of any work under this Agreement. 4.4 Requirements for All Policies. 4.4.1 Acceptability of insurers. All insurance required by this Agreement shall be placed with insurers admitted in California and with an A.M. Bests' rating of no less than A:VII. 4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish Agency with complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. Consulting Services Agreement between Redevelopment Agency of the City of South San Francisco and Seifel Consulting, Inc. Page 5 of 15 -~- 4.4.3 Notice of Reduction in or Cancellation of Coverage. A certified endorsement shall be attached to all insurance obtained pursuant to this Agreement stating that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the Agency. In the event that any coverage required by this section is reduced, limited, cancelled, or materially affected in any other manner, Consultant shall provide written notice to Agency at Consultant's earliest possible opportunity and in no case later than ten (10) business days after Consultant is notified of the change in coverage. 4.4.4 Additional Insured; Primary Insurance; Waiver of Subrogation. Commercial general liability and automobile liability policies shall name Agency, the City of South San Francisco, and their respective officers, officials, employees, agents, and volunteers as additional insureds. A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to the Agency and its officers, officials, employees and volunteers, and that any insurance or self-insurance maintained by the Agency or by the City of South San Francisco shall be excess and shall not be called upon to contribute to a loss under the coverage. Worker's Compensation, general liability and automobile liability policies shall include a waiver of subrogation for the benefit of the Agency and the City of South San Francisco. 4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the approval of Agency for self-insured retentions and deductibles before beginning performance of the Scope of Work. During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Consultant may increase such deductibles or self-insured retentions with respect to Agency, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. 4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. Consulting Services Agreement between Redevelopment Agency of the City of South San Francisco and Seifel Consulting, Inc. Page 6 of 15 -g- 4.4.7 Variation. The Agency may approve a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that the Agency's interests are otherwise fully protected. 4.5 Remedies. In addition to any other remedies Agency may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, Agency may, at its sole option exercise any of the following remedies, which are alternatives to other remedies Agency may have and are not the exclusive remedy for Consultant's breach: ^ Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; ^ Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or ^ Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. To the fullest extent permitted by law, Consultant shall indemnify, defend (with counsel selected by the Agency), and hold harmless the Agency, the City of South San Francisco, and their respective officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, judgments, costs, expenses (including without limitation attorneys' fees), damages, and causes of action (all of the foregoing, collectively "Claims")directly or indirectly, in whole or in part arising out of or in connection with the performance of the Scope of Work or the failure of Consultant or its employees, subcontractors, or agents to comply with the terms of this Agreement, including without limitation, Claims relating to bodily injury, loss of life, and/or property damage. The foregoing obligation of Consultant shall not apply when (1) the Claim arises wholly from the gross negligence or willful misconduct of the Agency or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractors, or agents have contributed in no part to the Claim. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by Agency of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to all Claims whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. Section 6. STATUS OF CONSULTANT. 6.1 Independent Contractor; Indemnity. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of Agency. Consulting Services Agreement between Redevelopment Agency of the City of South San Francisco and Seifel Consulting, Inc. Page 7 of 15 -9- Agency shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; Agency shall not otherwise have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other Agency, state, or federal policy, rule, regulation, law, or ordinance to the contrary, neither Consultant nor its employees, agents, and subcontractors providing services under this Agreement shall qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by Agency, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of Agency and entitlement to any contribution to be paid by Agency for employer contributions and/or employee contributions for PERS benefits. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of Agency, Consultant shall indemnify, defend, and hold harmless Agency for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of Agency. 6.2 Consultant No Agent. Except as Agency may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of Agency in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind Agency to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. This Agreement shall be interpreted and enforced in accordance with the laws of the State of California without regard to principles of conflicts of laws. 7.2 Compliance with Applicable Laws. Consultant, its employees and agents, and all subcontractors shall comply with all laws applicable to the performance of the Scope of Work. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which Agency is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to Agency that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of what-so-ever nature that are legally required to practice Consulting Services Agreement between Redevelopment Agency of the City of South San Francisco and Seifel Consulting, Inc. Page 8 of 15 -10- their respective professions. Consultant covenants that Consultant and its employees, agents, and all subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement all licenses, permits, and approvals that are legally required to practice their respective professions and perform the Scope of Work. In addition to the foregoing, Consultant and all subcontractors shall obtain and maintain during the term of this Agreement valid City of South San Francisco Business Licenses. 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. Agency may cancel this Agreement at any time and without cause upon written notification to Consultant. In the event of termination, Consultant shall be entitled to compensation for services satisfactorily performed to the effective date of termination; Agency, however, may condition payment of such compensation upon Consultant delivering to Agency any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the Agency in connection with this Agreement. 8.2 Extension. Agency may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement. Consultant understands and agrees that, if Agency grants such an extension, Agency shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, Agency shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. Consulting Services Agreement between Redevelopment Agency of the City of South San Francisco and Seifel Consulting, Inc. Page 9 of 15 -11- 8.3 Amendments. This Agreement may be amended only by a written instrument signed by all Parties. 8.4 Assignment and Subcontracting. Agency and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to Agency for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the Scope of Work, other than to the subcontractors identified in Exhibit A, without prior written approval of the Contract Administrator. 8.5 Survival. Sections 4.3 (Professional Liability Insurance), 5 (Indemnification), 6.1 (Independent Contractor), 9.3 (Inspection and Audit), 8.1 (Termination), and 9.4 (Records) shall survive the expiration or earlier termination of this Agreement. 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, Agency may exercise any of the following remedies, each of which shall be cumulative and not exclusive: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the Scope of Work not finished by Consultant; 8.6.4 Charge Consultant the difference between the cost to complete the Scope of Work that is unfinished at the time of breach and the amount that Agency would have paid Consultant pursuant to Section 2 if Consultant had completed the work; or 8.6.5 Pursue any other remedy available under law or in equity. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the Agency. Consultant hereby agrees to deliver those documents to the Agency upon termination of the Agreement. It is Consulting Services Agreement between Redevelopment Agency of the City of South San Francisco and Seifel Consulting, Inc. Page 10 of 15 -12- understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the Agency and are not necessarily suitable for any future or other use. Agency and Consultant agree that, until final approval by Agency, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties unless required by law. 9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the Agency under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the Agency. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of Agency or as part of any audit of the Agency, for a period of three (3) years after final payment under the Agreement. 9.4 Records Submitted in Response to an Invitation to Bid or Request for Proposals. All responses to a Request for Proposals (RFP) or invitation to bid issued by the Agency become the exclusive property of the Agency. At such time as the Agency selects a bid, all proposals received become a matter of public record, and shall be regarded as public records, with the exception of those elements in each proposal that are defined by Consultant and plainly marked as "Business Secret" or Trade Secret." Any proposal that contains language purporting to render all or significant portions of the proposal "Confidential," "Trade Secret," or "Proprietary," shall be regarded as non-responsive. The Agency shall not be liable or in any way responsible for the disclosure of any such proposal or portions thereof, if Consultant has not plainly marked it as a "Trade Secret" or "Business Secret" or if disclosure is required under the Public Records Act. Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the Agency may not be in a position to establish that the information that a prospective bidder submits is a trade secret. If a request is made for information marked "Trade Secret" or "Business Secret," and the requester takes legal action seeking release of the materials it believes does not constitute trade secret information, by submitting a proposal, Consultant agrees to indemnify, defend and hold harmless the Agency, its agents and employees, from any judgment, fines, penalties, and award of attorneys fees awarded against the Agency in favor of the party requesting the information, and any and all costs connected with that defense. This Consulting Services Agreement between Redevelopment Agency of the City of South San Francisco and Seifel Consulting, Inc. Page 11 of 15 -13- obligation to indemnify survives the Agency's award of the contract. In submitting a proposal, Consultant agrees that this indemnification survives as long as the trade secret information is in the Agency's possession, which includes a minimum retention period for such documents. Section 10 MISCELLANEOUS PROVISIONS. 10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County San Mateo or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect.. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of Agency or whose business, regardless of location, would place Consultant in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Consultant shall not employ any Agency official in the work performed pursuant to this Agreement. No officer or employee of Agency shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 of seq. Consulting Services Agreement between Redevelopment Agency of the City of South San Francisco and Seifel Consulting, Inc. Page 12 of 15 -14- Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the Agency. If Consultant was an employee, agent, appointee, or official of the Agency in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et.seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the Agency for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.9 Contract Administration. This Agreement shall be administered by ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.10 Notices. Any written notice to Consultant shall be sent to: Any written notice to Agency shall be sent to: Agency Secretary Redevelopment Agency of the City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 10.11 Professional Seal. Where applicable in the determination of the Contract Administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamplseal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. Seal and Signature of Registered Professional with Consulting Services Agreement between Redevelopment Agency of the City of South San Francisco and Seifel Consulting, Inc. Page 13 of 15 -15- report/design responsibility. 10.12 Integration. This Agreement, including Exhibit A attached hereto and incorporated herein by reference, represents the entire and integrated agreement between Agency and Consultant with respect to the subject matter hereof and supersedes all prior negotiations, representations, or agreements, either written or oral with respect thereto. In the event of any inconsistency between the text of this Agreement and the exhibits attached hereto, the text of this Agreement shall prevail. 10.13 No Third Party Beneficiaries. This Agreement is not intended to benefit, and shall not run to the benefit of or be enforceable by, any other person or entity other than the Parties and their permitted successors and assigns. 10.14 Headings; Interpretation. The captions of the sections and articles of this Agreement are for convenience only and are not intended to affect the interpretation or construction of the provisions hereof. This Agreement is the result of negotiation between the Parties, and shall be construed as to its fair meaning and not for or against any Party based upon any attribution of such Party as the sole source of the language in question. 10.15 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Consulting Services Agreement between Redevelopment Agency of the City of South San Francisco and Seifel Consulting, Inc. Page 14 of 15 -16- The Parties have executed this Agreement as of the Effective Date. AGENCY: REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO Barry M. Nagel, Executive Director Attest: Agency Secretary Approved as to Form: Agency Counsel 1289907.2 CONSULTANT: SEIFEL CONSULTING, INC., a California corporation By: Print Name: Title: Consulting Services Agreement between Redevelopment Agency of the City of South San Francisco and Seifel Consulting, Inc. Page 15 of 15 -17- EXHIBIT A SCOPE OF SERVICES Consulting Services Agreement between Redevelopment Agency of the City of South San Francisco and Seifel Consulting, Inc. -18- Exhibit A Scope of Services City of South San Francisco Redevelopment Agency Five-Year Implementation Plan A. Proposed Work Program Task 1: Kick Off Meeting and Coordination At the initiation of the work on the 2009 Five-Year Implementation Plan, Seifel Consulting Inc. (Seifel) will meet with City of South San Francisco Redevelopment Agency (Agency) to review the proposed work tasks and discuss how they can most efficiently and cost effectively be implemented. At this meeting on the Implementation Plan, we will: • Review the proposed timeline for completion of each task and establish a schedule for the assembly of information and the preparation of draft documents. • Determine how each work task can best be accomplished and allocate responsibilities among Agency staff and Seifel team members to assure the timely and efficient completion of each step. • Establish a schedule with Agency staff representatives and others as needed to expedite data gathering and the development of housing policies. • Assemble and review existing data. As described in this scope of services, our approach will maximize the use of existing data. • Determine how coordination and task management is best accomplished. Designate a point person from the Agency staff who will help assemble materials, schedule meetings and gather comments on all written drafts. • Conduct a windshield survey of all Project Areas and photograph areas of remaining blight. Task 2: Review of Financial Resources Seifel has recently worked with the City's Finance Department to complete financial models projecting tax increment revenues in all of the Agency's Project Areas. Seifel will leverage this work in order to summarize the Agency's financial resources for the five-year implementation plan period. Agency staff will provide estimates of funding availability from federal, state and local funding sources (other than tax increment) and work with Seifel to refine assumptions of new developments in the Project Areas. Seifel will use the financial projections and financial resources summary to refine the list of redevelopment activities planned for the next five years. In summary, Seifel will work with Agency staff and the Finance Department to: • Refine the list ofnon-housing redevelopment activities to be accomplished over the next five years, based on the projected financial resources. • Describe how they will alleviate blight. Seifel Consulting Inc. -19- • Summarize expenditures on projects and activities for the next five years. • Summarize projected tax increment revenues to be set-aside in the Twenty Percent Housing Set-Aside Fund (Housing Fund), and describe how annual Housing Fund deposits will be used. Task 3: Non-Housing Component of the Implementation Plan Seifel will work with Agency staff to recommend policies, goals and specific actions over the next five years. Where possible, this will include setting priorities, identifying specific projects and establishing budgets, timelines and important measurable performance criteria. Implementation Plan policies will be based on successful programs that will help the Agency to achieve its goals with the least financial risk and maximum possible leveraging ofnon-Agency resources. Seifel will discuss the state's current budget situation, and the likelihood that the Agency will lose significant resources through the Supplemental Education Revenue Augmentation Fund (SERAF) in the coming Implementation Plan period. We will: • Review proposed programs outlined within the existing Implementation Plan, General Plan and Redevelopment Plan. • Review Agency information on current projects and activities in the Project Areas. • Describe remaining blighting conditions in the Project Areas. • Evaluate project and activity appropriateness over the next five years, based on past performance and the remaining blighting conditions. • Assist the Agency and its staff in setting priorities among programs and specific projects, based on their ability to remedy remaining blighting conditions. • Recommend specific non-housing goals for afive-year period based on the financial review. • Discuss the effects of the SERAF take on the Agency's budget, and give examples of specific projects that will not be funded as a result of SERAF. • Assist the Agency in determining how the City's existing and future resources are best directed. • Translate five-year goals to five-year programs and expenditures. • Explain how the goals, objectives, programs and expenditures will alleviate blight. Task 4: Affordable Housing Component of the Implementation Plan Seifel will work closely with Agency staff to prepare the housing portion of the Implementation Plan. We will evaluate updated data and reports regarding affordable housing provided by the Agency. We will refer to the policy guidelines of South San Francisco's Housing Element and the City's experience with administering local programs. Working closely with City legal counsel, Seifel will assure that the Agency's Implementation Plan addresses relevant requirements of California Community Redevelopment Law (CRL). The following tasks would be performed as part of this effort: • Project the number of housing units to be rehabilitated, price-restricted, assisted or destroyed. Seifel Consulting Inc. -20- • Project estimated deposits into the Housing Fund during the five-year period, and the Agency's plans for using the funds. • Demonstrate how the Agency's Housing Fund expenditures will meet the legally mandated housing need, age and income targeting requirements. • Identify proposed locations for replacement housing, if any housing is proposed to be demolished. • Prepare the Agency's Affordable Housing Production Plan, including the projected number of new or substantially rehabilitated residential units, both market rate and affordable (below market) rate units, that will be developed within the Project Areas over the five-year period, relevant ten year compliance period, and through the life of the Redevelopment Plans. • Explain how the goals, objectives, programs, and expenditures will implement the affordable housing requirements of the CRL. • Assist the Agency in determining how its existing and future housing resources are best directed. • Discuss the effects of the SERAF take on the Agency's budget, and give examples of specific projects that will not be funded as a result of SERAF. • Estimate the number of affordable housing units to be assisted by the Agency by income and age targeting. • Based on the above estimates, recommend a housing program for the Implementation Plan and project the amount of tax increment that will be spent on the housing program. Based on conversations with Agency staff, Seifel anticipates that Agency staff will provide data on historical and projected housing production, as well as historical expenditures by housing project and targeted populations. Task 5: General Implementation Plan Advisory Services In Seifel's experience with similar projects, additional consultation and advisory services not included in the scope of services described above are often needed. However, the amount and extent of these other services will depend on a variety of factors not yet known. Accordingly, Seifel may provide advisory services on an as needed basis billed as time and materials, within the budget amount. These may include, but are not limited to, the following services: • Prepare for and make public presentations or attend public meetings. • Participate in outreach services, such as presentations at community and business meetings. • Provide clarification regarding CRL requirements to Agency staff. • Provide advice and/or train Agency staff on five-year implementation plan. • Collect data that was to be provided by the Agency staff or perform tasks initially assigned to Agency staff. • Other tasks as mutually agreed upon. Seifel Consulting Inc. -21- B. Work Products Seifel will prepare two (2) work products through the duration of the project: a draft of the document for internal review and a final Implementation Plan. C. Staffing Marie Munson will serve as the Strategic Advisor for this assignment and Pedro Peterson will be the Project Manager and day-to-day contact. D. Schedule for Completion Based on our understanding, the assignment will be completed in eight (8) weeks from contract execution. E. Overview of Compensation Based on our initial understanding of the scope of work, Seifel proposes to bill on a time and materials basis up to a budget maximum of $32,500. We will keep the Agency informed of our budget status and, if additional services need to be authorized, we will request an augmentation to the contract. Compensation and General Contract Provisions Seifel Consulting Inc. bills on a time and materials basis, using the following rates for 2009. Billing rates are subject to annual revision. 2009 Hourly Rafes (Time) President $250 Senior Managing Consultant $l95 Managing Consultant $175 Project Manager $145 Consultant $125 Analyst $115 Research Analyst $ l 05 Technical Staff $ l 05 Administrative Support $75 Expenses (Materials) Seifel Consulting Inc. bills expenses as follows: • In order to lessen time-consuming paperwork and processing costs, a 2% overhead charge will be added to each invoice to cover a portion of reimbursable expenses, including phone charges, in-house photocopying/printing, delivery charges and miscellaneous other charges Seifel Consulting Inc. 4 _22_ under $25. Other costs as itemized below, which differ significantly by client, will continue to be billed separately. • Photocopying/report reproduction charges with a combined total exceeding $25 per month will be billed at 10 cents per black & white single-sided letter page (20 cents for aledger- sized page) and one dollar per color single-sided letter page (two dollars for aledger-sized page), except for bulk reproduction of reports, which is charged on a direct reimbursable basis. • Delivery service charges above $25 per month will be billed at cost. • Travel costs will be billed on a direct reimbursable basis. Automobile mileage charges will be billed based on the Internal Revenue Service Optional Standard Mileage Rate. Other travel and per diem expenses, including airfare, automobile rental and hotel (if necessary) are charged at actual cost. • Interest on all outstanding invoices that are past 30 days will be calculated based on a 10% yearly rate or a daily rate of .0274%. Payment Terms Invoicin Seifel shall invoice Client on a monthly basis for al] hourly services performed and all reimbursable expenses incurred by Seifel during the preceding month. Invoices are due and payable by Client within thirty (30) days of invoice date. Invoices not paid by Client within thirty (30) days of invoice date shall commence bearing interest on the 31st day after invoice date at the rate of 10 percent (10%) per annum until they are paid in full. Delinquent Payment/Work Stoppage If at any time Client is more than thirty (30) days delinquent with respect to an undisputed invoice, Seifel reserves the right to stop performing services under this letter agreement without any liability whatsoever to Client for damages of any kind client may incur in connection with Seifel's work stoppage. Good Faith Disputes In the event of any good faith dispute with regard to any portion of any Seifel invoice, the undisputed portion shall be paid as provided herein. Upon resolution of the disputed portion, any amounts paid to Seifel shall be paid with interest at the rate set forth above, accruing from the 31st day after the invoice date. Any disputes concerning Seifel's invoices must be addressed by Client in writing to Seifel within thirty (30) days of the invoice date. The absence of any such inquiries within the thirty (30) day period shall be deemed an unequivocal acceptance of Seifel's services and an agreement with Seifel's charges for all such services/materials. Seifel Consulting Inc. -23- Client Information Client shall promptly provide Seifel with all of the information, surveys, reports, and professional recommendations requested by Seifel in order to provide its professional services. Seifel may rely on the accuracy and completeness of these items. Independent Contractor Status It is understood that Seifel, in performing the services described in this letter agreement, shall act as and be an independent contractor, and not an agent or employee of Client. Nothing in this letter agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee; it is expressly acknowledged that Seifel is not an employee of Client for federal or state tax purposes. Seifel shall retain the right to perform services for other ventures or concerns during the term of this letter agreement. Confidentiality During the term of Seifel's rendition of services to Client under this letter agreement, both parties will have access to confidential information made available by the other. Each party shall use the confidential information of the other only in connection with this letter agreement, and each party shall protect such confidential information in the same manner as it protects its own confidential information of like kind. Neither party will use the name, logo or other identifying marks of the party outside of their own organization without the prior written consent of the other party. Neither Seifel nor Client shall solicit, offer work to, employ, or contract with, whether as a partner, employee or independent contractor, directly or indirectly, any of the party's personnel during the term of this letter agreement and for a period of twelve (12) months thereafter, without the consent of the other party. "Personnel" shall include any individual or company either party employs as a partner, employee or independent contractor and with whom the other party comes into direct contact with during the term of this letter agreement. Limitation of Liability It is expressly understood and agreed that under no circumstances shall Seifel be liable to Client for any errors or omissions in Seifel's work product caused by Client furnishing erroneous, incomplete or misleading data, information, figures, and/or assumptions to Seifel. Neither party shall be liable to the other for any breach under this letter agreement in an amount more than the total fees to be paid Seifel under this letter agreement. Neither party shall be liable for damages for lost profits, lost business opportunities, lost data or for any consequential exemplary, incidental, indirect, economic or punitive damages arising out of this letter agreement, however caused, and whether arising under contract, tort (including negligence) or any other theory of liability. Client acknowledges that Seifel's fee structure and other charges have been based upon the inclusion of the immediately preceding sentence in this letter agreement. Seifel Consulting Inc. -24- °~x~~s=~~~ Redevelo meet A enc o ~ p g y Sta Re opt .ff p c'~LIFOR~~~ RDA A GENDA ITEM # 4 DATE: September 9, 2009 TO: Redevelopment Agency Board FROM: Terry White, Director of Public Works SUBJECT: A RESOLUTION AWARDING A CONSULTING SERVICES AGREEMENT TO WILSEY HAM, INC. FOR RIGHT-OF-WAY AND SURVEY SERVICES FOR THE NEW CALTRAIN STATION PROJECT RECOMMENDATION It is recommended that the Redevelopment Agency Board adopt a resolution awarding a consulting services agreement to Wilsey Ham, Inc., of Foster City, California, for right-of--way and survey services for the new Caltrain Station (Project No. 58-13232-0320) in an amount not to exceed $34,000. BACKGROUND/DISCUSSION The Peninsula Corridor Joint Powers Board (JPB) and the City of South San Francisco are collaborating on a joint project to relocate the existing Caltrain Station in South San Francisco. The new station will include a new entry plaza at the intersection of Airport Boulevard and Grand Avenue and a pedestrian underpass will connect the entry plaza with the center boarding platform and the Executive Drive shuttle area. The shuttle area will be used by the public and shuttle buses to access the station to transport passengers. The City's Gateway development ("Gateway") consists of two streets, Executive Drive and Corporate Drive. Executive Drive is currently a private road belonging to Gateway. Gateway's representatives have agreed to dedicate Executive Drive and a portion of Corporate Drive (for access) to the City at no cost. In order to establish property lines, prepare legal descriptions and complete the dedication, aright-of--way study and survey services are required. Staff solicited three quotes from land surveying consultants for this project. Wilsey Ham was the only consultant that chose to submit a proposal. Since Wilsey Ham has been the primary civil engineer and land surveyor for Gateway, staff recommends contracting with them due to their extensive experience, access and knowledge to all current mapping completed for this area. Wilsey Ham will prepare the right-of--way and construction easement documents, obtain the title reports, and perform appropriate services needed to facilitate the property transfer. Staff Report Subject: A RESOLUTION AWARDING A CONSULTING SERVICES AGREEMENT TO WILSEY HAM, INC. FOR RIGHT-OF-WAY AND SURVEY SERVICES FOR THE NEW CALTRAIN STATION PROJECT IN AN AMOUNT NOT TO EXCEED $34,000 Page 2 of 2 FUNDING Funding for this project is included in the City of South San Francisco's 2009-2010 Capital Improvement Program (CIP/58-13232-0320) and sufficient funds are available. CONCLUSION Awarding the Consulting Services Agreement to Wilsey Ham will allow for completion of the right- of-way and survey services to facilitate the construction and operation of the shuttle area for the new Caltrain Station. By: ~~ Terry ite Director of Public Works Approved: arty .Nagel Executive Director Attachments: Resolution Wilsey Ham, Inc. Proposal dc/hl/rr/ssb/tw/ra 1286930.1 RESOLUTION NO. REDEVELOPMENT AGENCY, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AWARDING A CONSULTING SERVICES AGREEMENT TO WILSEY HAM, INC. FOR RIGHT-OF-WAY AND SURVEY SERVICES FOR THE NEW CALTRAIN STATION PROJECT IN AN AMOUNT NOT TO EXCEED $34,000 WHEREAS, the Peninsula Joint Powers Board (JPB) and the City are collaborating on a joint project to relocate the existing Caltrain Station in South San Francisco; and WHEREAS, the Gateway Subdivision ("CJateway") representatives have agreed to dedicate Executive Drive and a portion of Corporate Drive (for access) to the City at no cost; and WHEREAS, staff solicited three quotes from consultants for this project, and received quotes from Wilsey Ham, Fred T. Scher & Associates, and CSG Consultants, Inc.; and WHEREAS, Wilsey Ham has been the primary civil engineer and land surveyor for the Gateway development; and staff recommends contracting with Wilsey Ham for $34,000 based on its demonstrated competence, experience, and ready access to all previous mapping which it has completed for Gateway; and WHEREAS, the right-of--way and survey services will allow the City to facilitate the construction and operation of the shuttle area for the new Caltrain Station; and WHEREAS, the project is in included in t11e City of South San Francisco's 2009- 2010 Capital Improvement Program (CIP) and sufficient funds are available. NOW, THEREFORE, BE IT RESOLVED, by the Redevelopment Agency of the City of South San Francisco that the Agency hereby awards the consulting services agreement for right of way and survey services :for the new Caltrain Station project to Wilsey Ham, Inc. of Foster City, California, in an amount not to exceed $34,000, conditioned on Wilsey Ham's timely execution of the Project contract and submission of all required documents, including but not limited to, executed bonds, certificates of insurance, and endorsements, in accordance with the Project documents. BE IT FURTHER RESOLVED that the Executive Director is hereby authorized to execute the agreement on behalf of the Redevelopment Agency of the City of South -1- San Francisco upon timely submission of the signed contract and all other required documents, subject to approval by the Agency Counsel. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the Redevelopment Agency of the City of South San Francisco at a meeting held on the day of 2009 by the following vote: AYES: NOES: ABSTAIN: ABSENT: 1286931.1 ATTF;ST: City Clerk -2- WI L'Si~YI® ^ ~AM11^ ~une 17, 2009 ~ro~iN~~R»s ^ Ri..a-n~~ven~G ^ st,~~vEViwra Rap R.azavi City: Engineer City of South. SaneFrancisco 315 Maple Avenue : SSF, CA 940801 WH No. 400-006 Executive and Corporate update Dear Ray: This proposal is to outline and st~mm~ri~e our earlier agreements .and the. additional work you requested with respect to the Right o£Way Engineering and the dedication of Executive and Corporate Drives in South San Francisco.. As requested this letter includes an out line of fall three o£ our agreements Scope of Sexvices I Uriginal Agreement from 4-15-08 ($5,000} Wilsey Ham will perform some or all of the following tasks: L Attend team or project meetings to discuss and understand the project objectives, gather existing .available data, familiarize ourselves with the project and re~iear the ultimate site configearations. We will s~~*nma~~e the project understandings and: prepare an exhibit which confirms the ultimate site property lineconfigurationand discusses the anticipated process. 2. Research the appropriate historical record/parcel mapping in the project areas and review the preliminary title reports/documents if pxovided by the City. We will :also gather historical deeds where possible. 3. Compute the existing record parcel mapping for the. area and :compile the record property lines and easements shown thereon. into a base map, 4. Prepare Legal Descriptions -and plats far final Street Dedication. We assume that we will need to prepare a maximum of 5 legal descriptions and Plats to accompany them. We assume• 1. fine property lines will be shown -from record documents and no formal boundary survey will be performed 2. This proposal assumes no (or minimal) field surveys will be required and that all the. legal descxiptions will be perfomaed from current Parcel/Tract mapping 3. if any title work is needed it willbe provided by the City 393 Vintage Park D1ve ~ Suite 100 ~ Foster Ciry, CA 94444 ~t 650 /.349-2151 ®Fax: 650 t 345-4921 _3_ June 17, 2009 South San Francisco Suzy Page 2 II SCC~pe of 9-15-0$ ame~-~c~saent 012,'040} f .: Attend additional team meetings: 2. Research historical records including parcel maps,.Review preliminary title reports 3.. compute existirNg tight of way along Corporate C~1ay and Cal train 4. Prepare additional legal description and plat S Prepare 4 additional Row and Construction easeiments ~. Perform topographic survey along Industrial-.and. Corporate Drives 7. Draft exhibits for City 8. Retain Tide. company and commission reports for selected parcels III Scope ofagreement from March 30, 2009 ($1?,4U0} Wilsey Hann performed tlae following additional tasks as requested: 1. Attend. additional .team or project meetings to discuss and understand. the project objectives, gather existing available data, and familiarize ourselves with the project to prepare addidonal documents and to meet with the hotel staff: 2. Crather additional historical deeds to properly snap the Hotel Parking lot. 3. Perform addirional topographic. field surveys to accommodate. an engineering parking study and traffic circulation plan 4. Prepare engineering parking study. and traffic circulation plan for the hotel site S. I.acate the C-vimers Associatican Storm Drain facilities at Corporate and Executive Drive 6. Preparation of easement and plat for Storm Drain 7. Acquixed new preliminary title reports The exact scope of work. for this. project is changing as it progresses and depends largely upon the needs of the. City so we will. respond and adjust. accordingly.. However we now. believe that the project is argely complete - We assume: 4. `This project is largely .complete so I have not included any fees for additional contingencies 5. The basis of bearings. for Corporate and Industrial will be in accordance with current record mapping and title reports 6. Site; access. for field svxveys-will be provided: by City COWM:Rxr 9/15/99 F:\MIAWC~"riNIG\2006 PROPOSALS\SOiTIi-I SAN FRANCGSCC)11.F.GAL TiPSCIW7101NS EXP:CIIi'NE PR\b-t7-09 COMB[NtP.D SGUPE 334,ODO.DOC -4- June 17, 2009 South San Francisco. Summary Page 3 FEE I O~igital agreement ~-1`5-0$ $5,000. II Rewigion to original Agreement 9~-15-0$ $12,000 IYI Wilsey Ham's fee for the foregoing IiI Scope of Sernices -S1T.000 PROJECT TOTAL $34,004 Authorization We have begun our survey work is accordance with pau prior. authorizations. This new work will be completed per pour verbal authorization to proceed with certain tasks. This proposal :estimates the costs of those tasks. You rnap confirm your authonzatian to Wilsey Ham to proceed in accordance with this proposal and the attached Standard Contract Provisions bq amending our current PO. Wank has. commenced. We appzeciate the opportunity: to participate on your project. Very truly pours, WIISEY HAM Accepted: South San Francisco A California Corporation '~"~ ~~ ~, ~"~.neth P. Moore Bp: Principal CA Registration PLS 4918. Title: Date• Attached: Standard Contract Provisions Fee Estimate Spreadsheets map of parcels. CbWb:Re~ 9/t5/l4 P:\MARKET[NG\2004 PROPOSALS\SOtIf'H SAht PRANCiSCO11F~CAT. DP.SCRIP'AOINS EXECtIt1VE DR\~17-09 COMBINED SCAPS f34.000.DOC _5_ ~o~~K s~y~~ Redevelopment A enc g y J Staff R e o ~t c'~LIFOTL~1~ JJ p ~D~ ~ GEND~ ITEM ~ S DATE: September 9, 2009 TO: Redevelopment Agency Board FROM: Terry White, Director of Public Works SUBJECT: RESOLUTION AWARDING CONSULTING SERVICES AGREEMENTS TO CONSOLIDATED ENGINEERING LABORATORIES AND COTTON, SHIRES AND ASSOCIATES FOR SPECIAL CONSTRUCTION AND GEOTECHNICAL TESTING AND INSPECTION SERVICES FOR THE MILLER AVENUE PARKING STRUCTURE PROJECT RECOMMENDATION It is recommended that the Redevelopment Agency Board adopt a resolution: (1) awarding a special construction testing and inspection services agreement to Consolidated Engineering Laboratories ("CEL") of San Ramon, California, in an amount not to exceed $76,354.93; and (2) awarding a special construction and geotechnical testing and inspection services agreement to Cotton, Shires & Associates, Inc. ("CSA") of Los Gatos, California, in an amount not to exceed $82,885.00 for the Miller Avenue Parking Structure (Project No. 72-13236-0770), respectively. BACKGROUND/DISCUSSION Special construction and geotechnical testing and inspections will be required for the construction of the Miller Avenue Parking Structure. The following is a partial list of special inspections and testing needed: post-tensioned concrete testing and inspection, shotcrete and pre-production test panel inspection, structural masonry testing, steel welding inspections, shoring and geo-pier inspection, geothermal boring inspections, grading inspection and testing, and footing/slab/retaining wall installation inspections. City staff does not have the equipment or technical expertise to perform these specialized inspections and tests. Staff solicited three (3) firms to provide special construction testing and inspection services for the Miller Avenue Parking Structure. Consolidated Engineering Laboratories (CEL), Construction Testing Services, and Applied Materials and Engineering all submitted proposals. Below is a summary of all proposals received: Consolidated Engineering Laboratories Applied Materials and Engineering Construction Testing Services $ 76,354.93 $105,063.00 $111,794.00 Staff Report Subject: A RESOLUTION AWARDING CONSULTANT SERVICES AGREEMENTS TO CONSOLIDATED ENGINEERING LABORATORIES AND COTTON, SHIRES AND ASSOCIATES FOR SPECIAL CONSTRUCTION AND GEOTECHNICAL TESTING AND INSPECTION SERVICES FOR THE MILLER AVENiJE PARKING STRUCTURE PROJECT Page 2 of 2 After reviewing the submitted proposals, staff recommends awarding an agreement to CEL based on demonstrated competence and the professional qualifications necessary to perform the required services. CEL has worked successfully with City staff on several of the City's past Capital Improvement Projects. Cotton, Shires & Associates, Inc. (CSA) is the geotechnical engineer on- record for the Miller Avenue Parking Structure project and has performed the investigation, observation, and testing of the subsurface pre-construction conditions. Staff recommends that CSA continue performing geotechnical testing and inspections of the project during construction. Staff has reviewed CSA's proposal and believes that the contract should be awarded to CSA based on its demonstrated competence, expertise, extensive experience with the project and scope of work, and knowledge of the existing soil conditions at the site. FUNDING Funding for the special construction and geotechnical testing and inspection is included in the Miller Avenue Parking Structure project construction budget and sufficient funds are available. CONCLUSIO Award of the Consultant Services Agreements to CEL and CSA will provide the required special construction and geotechnical testing and inspection during the construction of the Miller Avenue Parking Structure. By: Terry h'te Director of Public Works Approved: ~ ` ~ Barry M. Nagel r'' Executive Director Attachment: Resolution CEL Proposal and Fee Schedule CSA Proposal and Fee Schedule sb/hl/rr/tw/ra 1286477.1 RESOLUTION NO. REDEVELOPMENT AGENCY, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AWARDIN G CONSULTING SERVICES AGREEMENTS TO CONSOLIDATED ENGINEERING LABORATORIES AND COTTON, SHIRES AND ASSOCIATES FOR SPECIAL CONSTRUCTION AND GEOTECHNICAL TESTING AND INSPECTION SERVICES FOR THE MILLER AVENUE PARKING STRUCTURE PROJECT WHEREAS, special construction and geotechnical testing and inspections are required during the course of construction of the Miller Avenue Parking Structure ("Project"); and WHEREAS, staff solicited quotes from three vendors for special construction testing and inspection services; and WHEREAS, staff recommends awarding an agreement to Consolidated Engineering Laboratories ("CEL") for $76,354.93 to perform special construction testing and inspection services based on CEL's demonstrated competence and professional qualifications necessary to conduct the required services; and WHEREAS, the City Council previously awarded a contract to Cotton, Shires and Associates ("CSA") following staff's solicitation of proposals and recommendation of CSA for pre-construction geotechnical engineering services on the Project; and WHEREAS, CSA has competently performed such services; and WHEREAS, staff recommends awarding another agreement to CSA in the amount of $82,885.00, for continued geotechnical testing and inspections services during Project construction, based on CSA's expertise, experience with the Project, demonstrated competence, and knowledge of the existing soil conditions at the site; and WHEREAS, award of the consulting services agreements to CEL and CSA will provide the required special construction and geotechnical testing and inspection during the construction of the Miller Avenue Parking Structure; and WHEREAS, the Project is included in the 2009-2010 Capital Improvement Program (CIP) and sufficient funds are available. NOW, THEREFORE, BE IT RESOLVED, by the Redevelopment Agency of the City of South San Francisco that the Agency hereby awards consulting services -1- agreements to Consolidated Engineering Laboratories and Cotton, Shires and Associates for special construction and geotechnical testing and inspection services for the Miller Avenue Parking Structure Project in an amount not to exceed $76,354.93 and $82,885.00, respectively, conditioned on CSA and CEL's timely execution of the Project contract and submission of all required documents, including but not limited to executed bonds, certificates of insurance, and endorsements, in accordance with the Project documents. BE IT FURTHER RESOLVED that the Executive Director is hereby authorized to execute agreements on behalf of the Redevelopment Agency of the City of South San Francisco upon timely submission of the signed contract and all other required documents, subject to approval by Agency Counsel. ~ * * ~ ~ I hereby certi%~ that the foregoing Resolution was regularly introduced and adopted by the Redevelopment Agency of the City of South San Francisco at a meeting held on the day o~ _ 2009 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk 1286480.1 -2- v CONSOLIDATED ENGINEERING L A B O R A T O R I E S June 19, 2009 Revised August 18, 2009 Mr. Sam Bautista, P.E. Acting City Engineer City of South San Francisco 315 Maple Avenue South San Francisco, California 94080 Via E-Mail: Sam.Bautista ssf.net Subject: Midec ~' Avenue Parking Structure, 329 Miller Avenge, South San Francisco, California CEL #10-22$92PW Materials T~ sting and Construction Inspection Services Revised Proposc;! Dear Mr. Kauffold: Consolidated Engineering Laboratories (CEL) is pleased to submit our revised cost proposal to provide materials testing and construction inspection services fog' the Miller Avenue Parking Structure project, located at 329 Miller Avenue in South San Francisco, Californ~ a. CEL would be proud to be part of your team, helping to ensure the construction quality and success of this pro,'e~• CEL has just completed the Mission Bay Block 27 Parking Structure in San r;''ancisco with Overaa Construction and would offer the same onsite special inspector triut provided all inspections for the project. Overaa was very pleased with George Pastora's attention to detail and willingness to work with Their team and the design team. Given the current economic climate, CEL is offering two hour minimums for the duration of this pi ~~ect• Thank you for giving CEL the opportunity to be a part of your project team. We are committed to giving our clients the best service for their testing and inspection needs, and are eager to prove this commitment to you. Should you have any questions or require additional information, please do not hesitate to contact me. Res ctfull submitted, C O TED ENGINEERING LABORATORIES ~~-~ Robert Morse Business Development Executive RM/mjr/jeb - 3 - 2001 Crow Canyon Road, Suite 100 ~ San Ramon, California 94583 ~ Tel. (925) 314-7100 ~ Fax (925) 855-7140 CON HO oID RT AD ENo I REER~N s Miller Avenue Parking Structure CEL #10-22892PW * June 19, 2009 Revised August 18, 2009 BASIS OF PROPOSAL Fo{lowing is our cost estimate and scope of services. We assembled this proposal based on the following sources: ^ Architectural Drawings, Revision 1, prepared by Watry Design Inc., dated November 7, 2008; ^ Structural Drawings, Revision 2, prepared by Watry Design Inc., dated December 5, 2008; ^ Project Specifications, Bolume 1 and 2, dated December 29, 2008; ^ Addendum 1 to 7, dated February 26, 2009; ^ Your a-mail sent on June 16, 2009. We assume the project Geotechnical Engineer of Record, or another firm, will perform the following testing and/or inspection: ^ Preparation Qf the building pad; ^ Foundation excavations; ^ Utility trench backfill; ^ Site improvements. From our review of the project documents, we antl~ipate the following concrete pours: Nine (9) post-tensioned deck pours; We have assumed that all shear walls will be placed utilizing shotcrete not cast-in-place concrete. Our cost proposal is based on the same. From our review of the Project Specifications, we have identified ar~d included the following in our cost proposal: ^ Section 03300-8, 3.07A requires that samples of concrete be cast every 150 cubic yards placed; ^ Section 03230-5, 3.0562 requires that two (2) post-tensioned tendons be tested per reel for tensile and elongation; ^ Section 03371-5, 3.048 requires one (1) shotcrete test panel for each day placement, not the typical one (1) panel per 50 cubic yards of shotcrete placed. We anticipate the miscellaneous steel will be fabricated, concurrently, at a local facility. Furthermore, v:-e anticipate our services will be performed during normal business hours, Monday through Friday. We do not anticipate our services will be required for overtime, shift or weekend work. Our cost proposal is based on the same. The project specifications state that the Glass Fiber Reinforced Concrete (GFRC) fabricator is required to have a Quality Control Manual in place and perform their own in-house testing. We are assuming that the only required special inspections will be for the panel attachments onsite. In the event that the Client requests testing and inspection services that are not included in our cost proposal, they will be billed at the unit rates herein. -4- CONSOLIDATED ENGINEERING L A B O R A T O R I E S Miller Avenue Pocking Sfrudure CEL #10-11B92PW * Lune 19, 2009 Revised August 18, 2009 MILLER AVENUE PARKING STRUCTURE 329 MILLER AVENUE SOUTH SAN FRANCISCO, CALIFORNIA CEL #10-22892PW REVISED PRICING Quantity Unit Rate Subtotols Description POST-TENSIONED CONCRETE 1 Each $ 100.00 $ 100.00 Mix Design Review 8 Each $ 90.00 $ 720.00 Tendon Tests 144 Hours $ 60.00 $ 8,640.00 Tendon /Reinforcing Placement 72 Hours $ 60.00 $ 4,320.00 Concrete Placement $ 00 $ 60 4,320.00 ACI Sampling Technician 72 Hours . 00 $ 00 320 4 72 Hours $ 60. . , PT Stressing Inspection 126 Each / 18 Sets $ 16.00 $ 2,268.00 Compression Tests 9 Trips $ 10.00 $ 90.00 Sample Pick-Ups 24,778.00 SUBTOTAL: $ SFiOT[RETE AND PRE-PRODUCTION TEST PANEL 1 Each $ 100.00 $ 100.00 Mix Design Review 160 Hours $ 60.00 $ 9,600.00 Reinforcing Steel Inspection - $ 60 00 $ 9,600.00 160 F,!?urs . Shotcrete Inspection $ 85.00 $ 5,100.00 Production Panel Compression Tests (3 cores per panel) 60 Cores : (Including Laboratory Coring) t l T 2 Each $ 050.00 $ 1,700.00 s es Pre-Production Pane Core Drilling Technician (One/Two Man Crew) Encasement Evaluation by Engineer (3 Cores) Diamond Bit Wear Charges $ 200.00 20 Trips $ 10.00 S ample Pick-Ups SUBTOTAL: $ 26,300.00 STRUCTURAL MASONRY 1 Each $ 100.00 $ 100.00 Mix Design Review $ 00 $ 60 2,640.00 Periodic Inspection 44 Hours 16 Each / 4 Sets $ . 18.00 $ 288.00 Grout Compression Tests 20 Each / 5 Sets $ 18.00 $ 360.00 Mortar Compression Tests $ 10.00 $ 50.00 Sample Pick-Ups 5 Trips 3,438.00 SUBTOTAL: $ i:LLANE0U5 STEEL WELDING 2 Each $ 100.00 $ 200.00 Ing Procedure Specification Review 60 Hours $ 65.00 $ 3,900.00 Fabrication Inspection $ 65.00 $ 3,900.00 Welding Inspection 60 Hours 8,000.00 SUBTOTAL: $ S FIBER REINFORCED CONCRETE (GFRC) PANELS - I 20 Hours ~ $ 65 00 I $ .,,,, „~ 1 ~~~ Welding Inspection SUBTOTAL ~ i,aw "" ~w 1 Per Permit $ 315.00 $ 315.00 Affidavit $ 10,000.00 time Contingency $ 2,223.93 pct Engineering and Management 3% 12,538.93 SUBTOTAL: $ MAN-HOURS 864 GRAND TOTAL: $ 76,354.93 -5- CON BO olD pTED ENo I REEREN s Miller Avenue Parking Structure CEL #10-22892PW 'June 19, 2009 Revised August 18, 2009 SCOPE OF SERVICES POST-TENSIONED CONCRETE Mix Design Review We will review the proposed concrete mixes in our laboratory for conformance with the specifications. Tendon Test Tendons shall be shipped directly to our Oakland facility for testing. Tendons should include identification o samples with the following information: • Job name; ^ Heat numu°r; ^ Reel number; ^ Floor or level. An affidavit certifying that these tendo~'?s were sampled frog nta co dance with ASTM A416 fo'r ud imated be supplied with the tendons. Tendon tests wig! be performe strength determination .only. Tendon/Reinforcing Placement The day before a scheduled pour, we will dispatch a qualified inspector to check the tendon and reinforcing placement far conformance to the drawings and good construction practineds~ Oare securely t ed and placed. that the path of strands is the same as on the approved plans, and that -.~. Concrete Placement }~, _ During the pours, our inspector will be on-site continuously, as required by Code,. to monitor ~~.~' placement. Our inspector will: ^ Determine that no bars are displaced during pouring; ^ Observe cleanliness of steel; ^ Determine adequacy of placement and vibratory equipment; ^ Determine proper delivery rate of concrete and monitor batch times; ^ Determine the correct mix is being utilized; ^ Monitor slump of each truck; ^ Record temperature of air and concrete; ^ Cast seven cylinders for compression tests as per 150 cubic yards; ^ Perform air checks, if required by specifications, during concrete placement; ^ Observe anchor bolt/dowel installation operations to determine hole depth, embedment and cleanliness, as well as materials and workmanship. We will inspect to determine all dowels are installed in accordance with contract documents and/or manufacturer's requirements. -6- CONSOLIDATED ENGINEERING L A 0 O R A T O R 1 E S Scope of Services, Post-Tensioned Concrete (cont'dJ Mi1lerAvenue Parking Structure CEL #10-22892PW "June 79, 2009 Revised August 18, 2009 Stressing Continuous inspection will be required during the stressing operations. All elongations and jacking forces will be recorded as the work proceeds. Elongation measurements not within the five percent (5%) tolerance will be noted and immediately brought to the attention of the contractor, engineer and owner. Compression Testing We will transport all samples to our laboratory for compression testing in strict accordance with ASTM requirements. Reports of compression tests wiH be distributed to the appropriate parties. SHOTCRETE AND PRE-PRODUCTION TEST PANEL inspection We will provide continuous inspection of shotcrete, as required by Code. We will be performing the following: ^ Determine that the reinforcing steel is placed properly prior to the arrival of concrete on-site. ^ Monitor the temperature of the concrete as it is being placed; ^ Check batch tickets as they arrive on-site to determine that the proper mix is being delivered; • Monitor and control slump and water cement ratios; ^ Check for rebound effects and determine that the nozzleman on-site is qualified to perform the work he is performing that day; • Control and monitor rebound effects, nozzle distance, and velocity; • Witness the fabrication of test panels for conformance with American Concrete Institute (ACI) standards, and observe that the test panel is shot in a manner similar to placement of shotcrete for the structure; ^ The test panel(s) will be cored at our laboratory, and three samples will be tested at 28 days for compression testing. Pre-production test panels are required to certify shotcrete nozzleman. The pricing is based on qualifying two nozzlemen and includes: ^ Inspection of pre-production panel placement; ^ Coring of test panel for nozzleman grading; • Compression testing; • A staff engineer, in accordance with ACI procedure, wilt perform grading. Additional certification of prospective nozzlemen shall be billed at rates noted herein. STRUCTURAL MASONRY Mix Design Review We will review the proposed grout and mortar mixes in our laboratory for conformance with the specifications. Our inspector's duties will include the following: Review mill test certifications of block and reinforcing steel; Inspect to determine size and spacing of dowels; Inspect to determine that cleanouts are provided for high-lift grouting methods; -7- CONSOLIDATED ENGINEERING L A 8 O R A T O R I E B SCOpQ Of $EN1CeS, StrUCtUfOI MOSORry ~CO(lt~lj~ Miller Avenue Parking Structure CEL #10-22892PW 'June 19, 2009 Revised August 18, 2009 ^ Inspect proper lay-up of block units; ^ Inspect reinforcing steel prior to grouting; ^ Inspect dowels, anchor bolts, and inserts to make sure they are in place and properly secured prior to grouting; ^ Inspect to determine proper consolidation of grout; ^ Check that curing requirements are being followed. Materials Testing ^ Cast samples of mortar and grout for compression tests. Per Uniform Building Code (UBCj, grout prisms shall be tested at 28-days; IlIIISCELLANECtUS STEEL WELDING Shop Inspection ^ Material identification and mill certificate review; ^ Pre-qualification of welders and procedures; ^ Visual inspection of welding to determine compliance with contract documents; ^ Continuous inspection of multi-pass fillet welds, full penetration welds, and reinforcing steel welding. Field Inspection Pre-qualification of welders and procedures; • Visual inspection of all welds; ^ Torque testing ofhigh-strength bolts using a calibrated torque wrench; ^ Visual inspection of welding to determine compliance with contract documents; • Continuous inspection of reinforcing steel welds, multi-pass fillet welds, and full penetration welds. GLASS FIBER REINFORCED CONCRETE (GFRC) PANELS Field Inspection • Pre-qualification of welders and procedures; ^ Visual inspection of all welds; -8- CONSOLIDATED ENGINEERING L A B O R A T O R 1 E S Miller Avenue Parking Structure CEL #10-22892PW "June 79, 2009 Revised August 78, 2009 CONTRACT TERMS AND CONDITIONS FEES: The estimated contract price is based on the best information made available to CEL at the time the estimate was performed. If subcontractors perform more quickly than scheduled, Client will receive a cost savings for testing. If, however, subcontractors' schedules are extended or delayed, Client may receive a resulting increase in costs for testing. Client recognizes that the additional services rendered herein under this Proposal are schedule driven and are mandated by the scheduling and staffing of the contractor(s). Should items and quantities alter from estimates outlined herein, CEL shall be entitled to compensation for services rendered. In addition, Client recognizes that, on occasion, due to the schedule of the contractor or relevant subcontractors, occasional overtime may be required. CEL typically will have no notice of this until the day the said overtime occurs. Client agrees to compensate CEL for such overtime. Any estimated quantities contained herein are estimates only and Client agrees to payment for services rendered in excess of the estimated quantities a nd/or cost figures as described herein. Fees for CEL's services will be billed on a time and expenses basis at the unit rates quoted and CEL shall submit biweekly invoices for services rendered and for reimbursable expenses incurred. invoices are due within 30 days from receipt. Past due invoices are subject to a finance charge of 1% per month or the maximum rate permitted by law. FINAL A~Ftnnvl7: The first invoice from CEL shall include the estimated cost to prepare the Final Inspection Report. However, the Final Inspection Report will not be issued until the sixth working day following the request for the Final Inspection Report 6y Client's authorized representative. Additionally, as a condition precedent to release of the Final Inspection Report, Client shall have paid in full for all services performed by CEL pursuant to this Agreement. IN$PEC710N: Inspection shall consist of visual observation of materials, equipment, or construction work for the purpose of ascertaining that the work is in substantial conformance with the contract documents. Such inspection shall not 6e relied upon by others as acceptance of the work nor shall it be construed to relieve the contractor, subcontractors, or materialmen in any way from their obligations and responsibilities under the construction contracts. Specifically, but without limitation, inspection shall not require the inspector to assume responsibilities for the means and methods of construction nor for safety on the jobsite of any party other than CEL employees. IV. STANDARD of CaRE: In providing services under this agreement, CEL shall exercise that degree of skill and care ordinarily used by other reputable members of CEL's profession, practicing in the same or similar locality and under similar circumstances at the time these services are rendered. Nothing in this agreement shall be interpreted to require CEL to meet any higher standard and this paragraph shall control over any such contrary provision. CEL makes no warranty, either expressed or implied, as to its findings, recommendations, specifications or professional advice. CEL will provide only those services that, in the opinion of CEL, lie within the technical and professional areas of expertise of CEL as set forth herein and which CEL is adequately staffed and equipped to perform. Client shall request in writing if Client desires CEL to provide services outside of the scope of services described herein. CEL shall advise Client of any services that lie outside the technical and professional expertise of CEL. uasluTr: In recognition of the relative risks of the Client and CEL on the Project, Client agrees, to the maximum extent permitted bylaw, that CEL's liability to Client and any third party, in any way arising out of this Agreement, shall be limited to 100% of the total fees and costs paid to CEL or $25,000, whichever is greater. Client agrees to compensate CEL at its standard hourly rates in the event CEL is requested to perform services in connection with litigation, claims or disputes arising out of this project or in the event CEL, its agents or employees are subpoenaed or otherwise compelled to participate in litigation, claims or disputes arising out of this project. CEL shall not be responsible for acts and/or omissions of any parry or parties involved in the design of the Project or the failure of any Contractor or Subcontractor to construct any aspect of the Project in accordance with the Agreement documents, or in accordance with recommendations contained in any correspondence or written recommendations issued to CEL. VI. Li7i~anoN: Incase of any dispute, claim, question, or disagreement arising out of or relating to this Contract or the breach thereof, the parties hereto shall use all reasonable efforts to settle such disputes, claims, questions, or disagreement. To this effect, they shall consult and negotiate with each other, in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. Client and CEL agree to continue to perform their obligations under this Contract during the good faith resolution of such a dispute, claim, question, or disagreement. In the event that any litigation, arbitration, or other proceeding is commenced between the parties hereto or their personal representatives, successors or assigns concerning the enforcement or interpretation of any provision of this Contract or the rights and duties of any party in relation thereto, the party or parties prevailing in such litigation, arbitration or other proceeding shall be entitled, in addition such other relief as may be granted, to reasonable attorneys' fees and costs. For the purposes of this paragraph, the "prevailing party" shall be determined in accordance with the provisions of California Civil Code section 1717. -9- Miller Avenue Parking Structure CEL #10-22892PW i June 19, 2009 CONSOLIDATED ENGINEERING Revised August 18, 2009 L A 8 O R A T O R I E S Contract Terms and Conditions (cont'dJ VII. STATE PREVAILING WAGE: It shall be Client's sole responsibility to notify CEL of any prevailing wage requirements before any services are performed for the Project. Should it be revealed subsequent to the execution of an agreement for services that this project is indeed a prevailing wage project and if CEL is thereafter mandated to comply with those requirements, there will be a 10% surcharge to the hourly rates quoted in our Proposal. In addition, in the event notification is not given to CEL, Client shall be fully responsible for payment of afl fines, penalties, and/or damages imposed upon CEL for any failure to comply with the prevailing wage laws. VIII. CLIENT'S RESPONSIBILITIES: Client or Client's authorized representatives will promptly and timely provide CEL with all revised and updated plans, specifications, addenda, change orders, approved shop drawings and any other information forthe proper performance of CEL pursuant to this Contract. Client agrees that CEL has been engaged to provide technical professional services only, and that CEL does not owe a fiduciary responsibilityto Client. Client shall secure and maintain throughout the full period of this Contract, sufficient insurance to protect it adequately from claims under applicable Worker's Compensation Acts and from claims for bodily injury, death or property damage as may arise from the performance of services under this Contract. CEL shall not be responsible far any errors and/or omissions in the performance of CEL's work or services rendered resulting from Client's failure to provide CEL with revised and updated plans, specifications, addenda, change orders, approved shop drawings and other information for the proper performance of CEL. Client or Client's authorized representatives wilt give a minimum of 24 hours notification for all dispatch requests. Cancellations received on the day of inspection are subject to a 2- hour show-up charge. IX. HAZARDOUS MATERIALS REQUIREMENT: If hazardous materials are encountered by CEL's employees on Client's project site resulting in the need for specialized training or certifications as required by State and Federal agencies in order for CEL's inspection personnel to perform their duties, then all related costs for such specific training, including class time, will be billed to Client with a 15% markup. Personnel time for necessary training classes will be billed at the hourly rate quoted herein. X. ADDri1oNALSERwces: Should additional services be requested that are not included in CEL's proposed scope of services, CEL will provide these services at the unit rates listed in our published 2009 Fee Schedule. XI. AccEP'rANCE of CONTRACT: This Contract is subject to acceptance only of the terms and conditions stated herein. Any additional or different terms and conditions proposed by Client are hereby rejected, and shall be of no force or effect unless expressly assented to in writing by CEL. There shall be no contract except upon the terms and conditions provided herein. By directing CEL to commence performance, after your receipt of this Contract, you agree to comply with all the terms and conditions set forth herein. This Contract contains the entire and 'integrated agreement between Client and CEL and supersedes all prior negotiations, representations oragreements, either written or oral. This Contract cannot be amended or modified except by a written addendum, executed by each of the parties hereto. This Contract shall be interpreted and enforced in accordance with the laws of the State of California. Xil. BASIS of CHARGES: The proposed unit rates will be in effect through July 1, 2010. Thereafter, the unit rates are subject to an annual increase often percent (10%) per year to mitigate the annual operating cost increases: Work over 8 Hours per day, or on Saturdays Work over 12 Hours Work on Sundays/Holidays Swing or Graveyard Shift Premium Work from 0-2 Hours Work from 2-4 Hours Work from 4-6 Hours Work from 6-8 Hours Show-Up Time Sample Pick-Up Laboratory Testing -Rush Fee Final Affidavit (per permit number) Project Engineering and Management Reimbursables QA/QC PEan Written Procedures Out of Area Services (beyond 40-mile radius) Time and One-Half Double Time Double Time $8.00 per Hour 2-Hour Minimum Billing 4-Hour Minimum Billing 6-Hour Minimum Billing 8-Hour Minimum Billing 2-Hour Minimum Billing $10.00/Trip Add 50'/ to Testing Cost $315 (request six working days advanced notice} 3% of Fees Mileage $0.50/Mile Per-Diem, including lodging $88.00/Day Cost + 15% Quotation upon Request As Listed Below: Travel Time Basic Hourly Rate -10- COTTON, SHIRES AND ASSOCIATES, INC: CONSULTING ENGINEERS AND GEOLOGISTS July 8, 2009 Revised (August 26, 2009) E0017B By FAX (650-829-6689) and Maii Mr. Sam Bautista Senior Civil Engineer, Engineering Division CITY OF SOUTH SAN FRANCISCO P.Q. Box 711 South San Francisco, California 94083 xECEn~v AUG 2 ~ 2009 ~Y: ENGINEERING DIVISI01~ SUBJECT: Revised Budget Estimate -Geotechnical Construction Observation and Testing Services RE: Miller Avenue Parking Structure South San Francisco, California REFERENCE: Cotton, Shires and Associates, Inc. Geotechnical Investigation report, Miller Avenue Parking Structure, South San Francisco, California, dated March 30, 2007. Dear Mr. Bautista: Cotton, Shires and Associates, Inc. is pleased to provide the City with this preliminary budget estimate for geotechnical construction observation and testing services for the Miller Avenue Parking Structure located in South San Francisco, California. To date, we have not been provided with the Contractor's construction schedule. We assume that in the near future, the General Contractor will prepare a complete constriction schedule and at that time we can provide you with a mare accurate budget estimate. We understand that the planned, geotechnically-related construction for the Miller Avenue Parking Structure includes the following: 1) site and pad grading, 2} shoring installation, 3) installing design-build Geopiers, 4) drilling geothermal borings, 5) excavating footings, 6) installing retaining wall backdrains, 7) preparing slab-on- grade subgrade, 8) placing capillary break material, 9) preparing interlocking pavers and pavement (concrete and AC) subgrade, 10} placing and compacting Class 2 Aggregate Baserock (AB), and 11) backfilling utility trenches. The following table presents our estimated hours for observing and testing the above geotechnically-related Northern California Office Central California Office 330 Village Lane 6417 Dogto+vn Road Los Gatos, CA 95030-7218 San Andreas, CA 95249-9640 (408) 354-5512 • Fax (408) 354-1852 (209) 736-4252 • Fax (209) 736-1212 www.cottonshires.com -11- Sain Bautista July 8, 2009 Revised August 26, 2009 Page 2 E0017B work and is based on our experience on siix~ilar projects and discussions with the Project Construction Manager. Estimated Task Hours Hourl~Rate Cost Meetings 6 ~ 200 $1,200 Site and Pad Grading - 136 95 $12,920 Observation and Testing Shoring Installation - 40 Observation Geopier Installation - 100 Observation Geothermal Borings - 40 Observation Excavating Footings - 40 Observation Installing Retaining Wall Backdrains - 16 Observation Preparing Slab-on-Grade Subgrade - 40 Observation and Testing Placing Capillary Break Material - 8 Observation Preparing Paver and Pavement Subgrade - 40 Observation and Testing Placing and Compacting Class 2 AB - 40 Observation and Testing Backfilling Underground Utilities - 96 Observation and Testing 95 $3,800 95 $9,500 95 $3,800 95 $3,800 95 $1,520 95 $3,800 95 $760 95 $3,800 95 $3,800 95 $9,120 COTTON, SHIRES AND ASSOCIATES, INC. -12- Sam Bautista Page 3 Vehicle and Nuclear Gauge Charges July s, 200 Revised August 2d, 2009 E0017B 4 500 Subtotal Field $62,320 Office Support -Review Submittals (RFI), Supervision, QA/QC, Conference Calls Progress Letters, Consultation, Construction Report (33% of Field) $20,565 Estimated Tofal $82,885 This revised budget estimate of $82,885 is based on intermittent inspection for all geotechnically-related Contractor scheduled tasks, except for full-time inspection for grad~g (backfilling and compaction) and should be used for budgeting purposes only and a significant contingency (i.e., on the order of 20 to 25 percent) should be added to this estimate to account for delays beyond our control, including the weather, the Contractors' schedule and ability, and other factors. Ultimately, our time spent on site will be determined by the Contractors' schedule and competency, and if the Contractor is able to undertake several tasks simultaneously, our time could be reduced. As usual, you would only be invoiced for the actual hours spent for these tasks. As we previously indicated, when we receive the Contractor's construction schedule, we can prepare a more accurate budget estimate. If, during the course of construction, it appears that our estimated budget will be exceeded, we will inform you so that additional written authorization can be obtained prior to completion of the work. Concrete and asphaltic concrete (AC) testing should be provided by a concrete/AC testing agency. Agreement If you agree with the Scope of Woxk and budget estimate outlined above, as well as the attached Schedule of Charges, Limitations and Terms, please sign one copy of this proposal and return it to our office. Receipt of t11e signed proposal will constitute authorization for us to proceed. Limitations Our services consist of professional opinions and conceptual recommendations made in accordance with generally accepted engineering geology and geotechnical engineering principles and practices. No warranty, expressed or implied, or merchantability or fitness, is made in or intended connection with our work, by the COTTON, SHIRES AND ASSOCIATES, INC. -13- Sam Bautista July 8, 2009 Revised August 26, 2009 Page 4 E0017B proposal for consulting or other services, or by the furnishing of oral or written reports or findings. if you have any questions, or need additional information, please contact us. Very truly yours, COTTON, SHIRES AND ASSOCIATES, INC. David T. Schrier Principal Geotechnical Engineer, GE 2334 Reviewed By: Ted Sayre, Principal Engineering Geologist CEG 1795 Approved and Authorized By Date Attachment: Schedule of Charges, Limitations and Terms DTS:POS:TS:st COTTON, SHIRES AND ASSOCIATES, INC. -14- COT1'Oi`I, SHIRES AND ASSOCIATES, INC. SCHEDULE OF CHARGES, LI141ITATIONS AND TERMS FOR PROFESSTONAL SERVICES (Page 1 of Z) July 20(18 Personnel Charees Senior Principal Geologist/Engineer ,_,_.._ Principal Geolugist/Engiteer _, • _ . • . _. _ SupenisiigGeotugist/Engineer _________________ Senior Geologist/Engileer ____•_____________________________ Senior Staff Geologist/Engineer _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Staff Geologist/Engineer ________________ Field/Laboratory Technician ________________ _____ Technical Illustrating _. .................... Clerical/r\cco~uitutg .----•--------------------------•---____-- Eauipment and Supply Charges I+iciinometerSystem -•----•------•--•-•---•---•---•----•-•--•- Piezometer Data Acgtusition System ________ __ __________ Tohl Station Surveying Equipment ____________-___________ GPS/ReflectorlessStu•veyilgEq~upment _____•___________ i\iuclear RToishue/Unit Z~Veight Gauge , _ _ _ _ _ _ _ _ __ _ __ __ _ _ _ _ _ Rope Cliutbing Safety Equipment.-------------------------- \~fulti-Cha-uiel Seismograph or Re1~fi System .. _ _ _ _ - •, _ _ Vehicle iviileage -•-•----•-------•---------------------------•--- AircraftMileage ...........................•-•------------------ Photocopying (B&t•V-Color) ,_-_____ Fngitcering(LargeFormat)Copier -___________________ Comps+tcr Assisted Color Plotting - - - _ _ _ - _ _ _ _ Limitations and Ternis for Professional Services ti ~4~/lv S 300/!v S t65/ltr S 1~1U/lv S 130/hr S 11~/lv ,~ 95/In. Expert Witness Consultation Ch,~rges Expert witness testinwny for corut appearances and bindiig arbitrations shall be charged on a daily basis (nuwtinum one day increments) at a rate of 53,720 per day. Deposition testimony shall be charged at a rate of S•365 per hour (lltinullltm one ho+u' charge). Preparation time for depositions or court appearances shall be charged on a tune-and- expense basis in accordance with the Personnel, Equipment, and Expense charges listed herein. Laboratory Testing and Geophvsical •Ser_v_ice Charges S SU/Iv Laboratory testing and geophysical sen=ices shall be charged on a tinie- S GSJIu and-materials basis in accordance with the Pcrsottnel, Egiuptnent, and Expense charges listed herein. LaboratorJ• samples shall be stored for GO days after the date of final report submittal unless special arrangements are made for longer S 15D/day stongc. S 75/day S 200/da}• Expense Charges fTteceiphed Costs Plus 15%) 5 300/da}' Travel expenses itcludutg ai• tare, lodging, vehicle rental, etc. S 100/day (either actual receipted costs plus 15% Eor meals or a flat S 200/day subsistence charge of S5j per diem for overnight stay shall be charged in addition to the ludgiig cost) 5 25Q/day Excavatiat subcontractors and expendable Geld supplies S .58~/mi Reproduction of drawings S 1.07/n nu Film, film development, and photograph printing • Special fees, permits, insurance, etc. S .15--~4U/copy Conference call telephone costs S .90/ft2 Speci<zl mail sei,•ice (air, electronic, courier, etc.) S 10/sq. ft. Special egiupment rental • Special consultant fees • Subcontractor tees AGREE\4ENT -Thus Schedtle of Charges, Limitations and Terms for Professional Serviees as an attaclur-ent to a signed Proposal or Client Contract constitutes an "Agreement" behveen COTTON, SHIRES AhTD ASSOCIATES, NC. (CSA) and the Client. Client has authorized convnencement of the work under this Agreement by sig->;ng the "Approved by" section of the Proposal or Contract. The Agreement is hereby incorporated and made part of d1e Contract behveen the parties. In consideration of the muhta! Agreement set forth herein and intending to be legally bound, the parties hereto agree as to the following: - Invoicine and Pa ty Went -Client shall pay CSA compensation as outlined in the Proposal or at the rates determined in the above Schedule of Charges and according to the payment terms below. Invoices may be prepared and sub,Witted by CSA on a monthly basis or when the work is completed, at CSA's option. Payment is due upon receipt and is past due th•-irty (30) days from date of iivoice. A service charge of 1.5% per month, or the maximum amount allowed by law, will be charged on past due accounts. Payments by Client will thereafter be applied first to accrued interest and then to the principal unpaid balance. Any attorney fees, court costs, or other costs incurred in collection of delinquent accounts shall be paid by the Client. If payment of im=Dices is not c~urent, CSA may suspend performing further tivork at no liability to CSA. Rehationship behveen CSA and Client -CSA is retained by the Client to investigate and to consult with the Client regarding the Project, as defined it the Proposal. Client shall provide CSA in w=riling with all information relevant to fhe Project and shall advise CSA of any condition k+iown to Client that may affect CSA's performance under this Agreement. CSA's services are for the benefit of the Client, but Client recognizes that the extent of those sen ices is limited by the time-frame chosen and the fluids expended by the Client for the investigation. CSA has no responsibility for the work product of any udependent consultants required for the C-ient's Project, nor for completeness, adequacy, or quality of said independent cons~iltants' work, or specialty work. Information Provided by Client -CSA and the Client shalt discuss and agree upon the information needed for rendering of services hereunder. The Client agrees to provide to CSA all such information as agreed to be necessary. With respect to such information, the Client wtderstands and agrees that CSA will rely solely upon the Client to ensure the accw-acy and completeness thereof, as the Client recognizes that it is impossible for CSA to assure the accuracy, completeness and sufficiency of such information. 04vnership of Documents and Proprietary Information -This proposal and all doc~unents, includu1g, but not limited to, drawings, specifications, computer disks, reports, calculations, and estiatates, prepared by CSA in coruiection with this Agreement ("CSA Confidential Information") are instruments of service and are intended for the sole use of the recipient hereof, and may not, except as otherwise described herein, be disclosed, distributed, or disse+ninated in any form without the prior written consent of CSA. The CSA Confidential Information is and shall remain the sole property of CSA. Client may distribute documents generated by CSA in connection with CSA's services wider this Agreement to third parties, provided that said tltird party agrees it writing to be bound by the confidentiality and ownership of documents provisions of this Agreement. The terms of ttus Section shall survive the teranination of this Agreement. COTTON, SHIRES & ASSOCIATES, INC. -15- CSA SCHEDULE OF CH:\12GES. LIMITATIONS r1ND TERI~iS FOR PROFESSIONAL SERVICES (Page 2 of 21 Public Liability - COTTON, SI I112ES Ai`ID ASSOCIAI'l:S, l\C. is a California Corpontivn protected by ~•Vorker's Compensation Insurance (and/or Employer's Liability lns~~raiue), and by Public Liability Insurance for bodilJ• mjurJ• and property damage, and will furnish certificates thereof upon request. We assume the risk of damage to our own supplies and equipment. U yot-r contract or purchase order places greater responsibilities upon us or requires fiathcr insurance coverage, ti+~e, if specifically directed by you, will procure additional insurance (if procurable) to protect us at yoar expense, but n'e shall rn~t be responsible for property daulage from any cause, including fire and explosion, beyond the amounts of coverage of our i~snrance. Standard of Care and Professional I-lability -- In performing professional sen=ices, CSA shall use that degree of care and skill ordinarily ererci~ed iuider similar circumstances by members of our profession at the time the services are performed. No other representation or warranty, express or implied, is made or intended in this r\greement, by our proposal for const~ting services, by our furnishing oral opuuon or +vritten reports, or by our inspection or tivork. l-iowever, sho«ld tive or any of our professional employees be found to have been negligent in thN performance of professional services or to have made and breached any express or implied warranty, J'ou agree that the maximum aggregate amount of your recovery against us and/or said professional employees shall be limited to SS0,000 or the amoiutt of the fee paid us for professional sen•ices as computed under the SCHEDULE OF CI-IARGES, whichever amotuit is greater. Moreover, client agrees to indemtufy us against damages in excess of s50ptln or the amoiult of our fee, whichever amount is greater, arising from suits brought against us by third parties, ii connection -vid~ our +vorl: performed on your project. Notices --All notices in writing to be given hereunder by either party to the other party shall be served by letter or sent by facsinile. Assignment - `eider this agreement nor the benefits or obligations under this Agreement shall be sold, assigned or transferred by either park' to any third parties including subsidiary or affiliated companies without the prior +vritten approval of the other party, with such approval not tti be wireasonably +vithhdd by either. in the event the approval iS gi+=en by either for assignment or transfer, such an approval shall not relieve either from any liability and/or responsibilitJ= under tlic Agreement. Termination/Cancellation --Client and CSA will have the right to teriw~ate this Agreement for their convenience by giving ten (lU) days prior ++•ritten notice. r\fter termination, CSA will be reimbiused for services rendered and necessary expenses inc~u•red to the termination date upon sabmission to Client of detailed supporting invoices. The obligations of paragrapltis 3, ~l, and G remaii in effect after ternunation. Chan_ ewe in Sc~e of Work - If, during the performance of the +vork under this Agreement, it is determined that the scope of +vork has expanded or changed such that additional expendihues are required, the client shall be notified and approval from the client shall be received prior to the performance of the additional sen•ices. DiS~lte Restitution -CSA and Client recognize that disputes arisntg under this Agreement are best resolved at the working level by the parties directly involved. Both parties are encouraged to be imabi~ative u1 designing mechanism and procedures to resoh•e disputes at this level. Such efforts shall inchide the referral of any remaining issues i~ dispute to higher authority +vitlwi each participating party/s organization for resolution. Failing resolution of conflicts at the orgaiizational level, CSA and Client agree that any remaining conflicts arising out of or relating to this Agreement shall be submitted. to non-binding mediation unless CSA and Client mutually agree otherwise. If the dispute is not resolved through nun-bildu~g mediation, then the parties may kake other appropriate action subject to the other terms of this Agreement. Neither part}'shall hold the other responsible for damages or delay in performance ca+zaed by acts of God, strikes, lockouts, accidents or other events beyond the reasonable control of the other party, its employees or agents. Should litigation or arbitration occur behveen the parties relating to the provisions of this Agreement, all litigation or arbitration expenses, collection expenses, witness tees, court costs and attorneys-' fees reasonably iicurred by the prevailing party shall be paid by the non-prevailing party. Goeerning_La+v -The validity, performance, and construction of this Agreement, and dte relationship bchveen Client and CSA shall be governed and interpreted m accordance with the substantive laws of Califonia, United States of America, +vidlout regard to its choice of la+v ntles. This Agreement shall be construed as to its fair and not s#rictly for or against either party. jobsite Safet}' -Neither the professional activities of CSA, nor the presence of CSA employees and CSA subconsiiltants at a construction site, shall relieve the contractor and any other entity of tJteir obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, teduiiques or procedures necessary for performing, superintending or coordinating all portions of the Work of constriction in accordance with the contract doctunents and any health of safety precautions required by any regulatory agencies. CSA and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The Client agrees that the general contractor and its various subcontractors are solely responsible for jobsite safety, and warrants that this intent shall be made evident +vhere appropriate in tl~e Client's agreements with other contractors. If the Client is a Contractor or Subcontractor on tl~e Project, the Client also agrees that the Client, CSA, and CSA's cons~titants shall be indemnified and shall be made additional instu-eds under the client's general liability insurance policy; in other cases, the Client agrees to arrange for this indemnification and additional insureds under the General Contractor's general liability ins~~rance policy. Field Exploration -- Unless otherwise agreed, the client shall furnish right-of-entry on land for plaruied field operatio~u. The client shall also provide CSA Lvith locations and depths of buried utilities and struchires. CSA shall take responsible precautions to minimize damage to land from use of equipment, but our fee does not include cost of restoration of damage residting from our exploration operations. CSA shall not be liable for damage or inj~uy arising from damage to subterranean structures {pipes, tanks, telephone cables, etc.) which arc not called to ottr attention and correctly shown on plans furnished to tES. A'iiscellaneous - in the event of any litigation or proceeding i~volvi~g CSA and Client, the prevaiing party shall be entitled to recover its reasonable legal fees, expert Fees, and normal employee rates and associated costs from the non-prevailing party. Failure by Client to object to any of the terms and conditions contained in this Agreement before the commencement of services by CSA wilt be deemed an acceptance of such terms and conditions_ Notwithstanding anything to the contrary in tlis Agreement, CSA and Client agree that neither party shall be liable for any special, indirect, consequential, lost profits, or p~uitiae damages. If any term, condition, or provision of tlis Agreement is found unenforceable by a court of law or eq~uty, this Agreement shall be construed as though that term, condition, or provision did not exist, and its w~enforceability shall have no effect whatsoever on the rest of this Agreement. COTTON, SHIRES & ASSOCIATES, INC. -16- ~o , ,..,,. ~ p g y °~x S~ ~ Redevelo meet A enc o Sta Re opt .f .f ~~ ~~ p lrFO~~ RDA A E A ITEM # 6 DATE: September 09, 2009 TO: Redevelopment Agency Board FROM: Assistant City Manager, Marty Van Duyn SUBJECT: REDEVELOPMENT AGENCY IMPLEMENTATION PLAN REVIEW RECOMMENDATION It is recommended that the Redevelopment Agency Board hold the public hearing for review of accomplishments in meeting the goals of the Five Year Implementation Plan. BACKGROUND/DISCUSSION The Redevelopment Agency is required by law to hold a public hearing to review accomplishments in meeting the goals and objectives of the Agency's Five Year Implementation Plan. No further action is required besides holding the public hearing which has been noticed in the newspaper for three consecutive weeks according to California Redevelopment Law. The attached print out is of the power point slide show to be presented to the Agency Board at its public hearing on September 9, 2009. Essentially, staff has prepared a photo documentary of most of the Agency's accomplishments during the last five year period. It is believed that the photographs clearly and graphically document Redevelopment Agency sponsored activities toward meeting its stated goals and objectives. CONCLUSION It is recommended that the Redevelopment Agency Board hold and then close the public hearing. This action carries no financial implications nor is further action required. By. ~t,~, Approved Marty Van Duyn / Assistant Executive erector ~ ~ ~~~ B M. 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