HomeMy WebLinkAbout06/19/1990, C8 - HORIZONTAL CONTROL SATELITE SURVEY Agenda report from 5/15/90 meeting.
yB� II @�►�I _, MEETING DATE
''��uuWWulAl II city of san_Luis osispo ITEM NUMBER:
COUNCIL AGENDA REPORT
FROM:
David F. Romero, Public Works Direc
Wayne A. Peterson, City Engineer
Thomas P. Gingg, Engineering Field Su ervisor<11CO'
SUBJECT:
Horizontal Control Satelite Survey
RECOMMENDATION:
By Motion, Approve and Authorize the Mayor to Execute a Contract
with Westland Engineering of San Luis Obispo and Hunsaker &
Associates, in the amount of $45,000.00 for a Horizontal Control
Satelite Survey.
BACRaROUND:
The Engineering Division has budgeted $50,000 to establish a Horizontal
Control Network throughout the City. The Horizontal Control Network
will accurately locate 150 points (street centerline monuments)
throughout the City which will be tied to the state's coordinate system
using a satelite for basic control and applying surveying principles.
They will be used as basic horizontal control for all future surveys in
the city and in producing a city base map on the computer system. This
computer map will eventually be used by various City departments for
maps and records. In January 1990 the CAO authorized staff to solicit
proposals, in accordance with Purchasing Manual.
In February staff distributed the RFP and received proposals from six
firms. A staff committee interviewed representatives from five of the
firms. One firm's proposal was not considered because of the excessive
length of time it would take them to complete the work. The firms were
ranked in the following order:
1. Westland Engineering of San Luis Obispo and Hunsaker &
Associates
2. Volbrecht Surveys of Atascadero
3. Bestor Engineers, Inc. of Monterey
4. CSD of San Luis Obispo
5. EDA of San Luis Obispo
In March and April the Engineering Division negotiated the proposed
contract with Westland Engineering of San Luis Obispo.
FISCAL IMPACT:
The work done in this proposal will cost $45,000. Money for this
project is budgeted in 1989-91 Financial. Plan (page D-75) . There is
$50,000 in account #001-5047-008-119.
Attachment: Consultant Service Contract
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CONSULTANT SERVICE CONTRACT
This contract, made this day of 1990
by and between the City of San Luis Obispo, California (hereinafter
referred to as "City"j , and Westland Engineering Co. , and Hunsaker
& Associates, (hereinafter referred to as "Consultant") .
WITNESSETH
WHEREAS, City desires to retain certain services in conjunction
with the development of a Horizontal Control Network;
WHEREAS, City desires to engage consultant to provide services by
reason of its qualifications and experience for performing such
services;
WHEREAS, Consultant has offered to provide the required services
on the terms and in the manner set forth herein;
NOW, THEREFORE in consideration of their mutual covenants, the
parties hereto agree as follows:
1. PROJECT COORDINATION
a. Citv. The Director of Public Works shall be the
representative of the City for all purposes under this
agreement. The Director, or.his designated representative,
hereby is designated as the'Project Manager for the City and
shall supervise the progress and execution of the project
under this agreement.
b. consultant. Consultant shall assign a single Project
Manager to liaison with the City's representative. J. Randy
Ellison is hereby designated as the Project Manager for the
Consultant. Should circumstances or conditions subsequent
to the execution of this agreement require a substitute
Project Manager_ for any reason, the Project Manager
replacement shall be subject to the prior written acceptance
and approval of the Director. Consultant's Project Team is
further described in Exhibit "A" attached hereto and
incorporated herein by this reference. The .individuals
identified and the positions held as described in Exhibit
"A" shall not be changed except by .prior written approval
of City. Such approval shall not be unreasonably withheld
by the City.
2. DUTIES OF CONSULTANT
a. Services to be furnished. Consultant shall provide all
specified services as set forth in Exhibit "A" attached
hereto and incorporated herein by this reference.
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b. Laws to be observed. Consultant shall to the extent of its
abilities:
(1) Procure all permits and licenses, pay charges and fees,
and give all notices which may be necessary and
incidental to the due and lawful prosecution of the
services to be performed by Consultant under this
agreement;
(2) Keep itself informed of all existing and proposed
federal, state and local laws, ordinances, regulations,
orders, and decrees which may affect those engaged or
employed under this agreement, any materials used in
Consultant's performance under this agreement, or the
conduct of the services under this agreement;
(3) At all times observe and comply with, and cause all of
its employees to observe and comply with all of said
laws, ordinances, regulations, orders, and decrees
mentioned above.
(4) Immediately report to the City's Project Manager in
writing any discrepancy or inconsistency it discovers
in said laws, ordinances, regulations, orders, and
decrees mentioned above in relation to any plans,
drawings, specifications, or provisions of this
agreement. .
c. Release of reports and information. Any reports,
information, data, or other material given to,- or prepared
or assembled by, Consultant under this agreement shall be
the property of City and shall not be made available to any
individual or organization by Consultant without the prior
written approval of the City's Project Manager. The
Consultant shall be allowed, for promotional purposes, to
make known the nature of the assignment in a general
statement during the project and may reproduce design
information after it has become public information or upon
completion of this project.
d. Copies of relports and information. If City requests
additional copies of reports, drawings, specifications, or
any other material in addition to what the Consultant is
required to furnish in limited quantities as part of the
services under this agreement, Consultant shall provide such
additional copies as are requested, and City shall
compensate Consultant for the costs of duplicating of such
copies at Consultant's direct expense.
e. Oualification of Consultant. Consultant represents that it
is qualified to furnish the services described under this
agreement.
3. DUTIES OF CITY
The City shall provide the monuments for the project.
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4. COMPENSATION
a. The Consultant will perform the work as described in
Exhibit "A".
b. Consultant will bill City at the end of project. City will
pay this bill within 45 days of receipt.
c. The compensation shall be a total of $45,000.00, based upon
150 points at $300.00 per point.
S. TIME FOR COMPLETION OF T8E WORK
a. Project shall be completed in 4 months from date of
execution of this agreement by City.
b. Time extensions may be allowed for delays caused by City,
or factors not directly brought about by the negligence or
lack of due care on the part of the consultant.
6. TEMPORARY SUSPENSION
The Public Works Director shall have the authority to suspend
this agreement wholly or in part, for such period as he deems
necessary due to unfavorable conditions or to the failure on the
part of Consultant to perform any provision of this agreement.
Consultant will be paid the compensation due and payable to the
date of temporary suspension.
7. SUSPENSION/TERMINATION
a. Right to Terminate. The City retains the right to terminate
this agreement for any reason by notifying Consultant in
writing seven days prior to termination and by paying the
compensation due and payable to the date of termination;
provided, however, if this agreement is terminated for fault
of Consultant, City shall be obligated to compensate
Consultant only for that portion of Consultant services
which are of benefit to City. Said compensation is to be
arrived at by mutual agreement of the City and Consultant
and should they fail to agree, then an independent
arbitrator is to be appointed and his decision shall be
binding upon the parties.
b. Return of Materials. Upon such termination, Consultant
shall turn over to the City immediately any and all copies
of studies, sketches, drawings, computations, and other
data, whether or not completed, prepared by Consultant, and
for which Consultant has received reasonable compensation,
or given to Consultant in connection with this agreement.
Such materials shall become the permanent property, of City.
Consultant, however, shall not be liable for City's use. of
complete documents if used for other than the project
contemplated by this agreement.
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S. INSPECTION
Consultant shall furnish city with every reasonable opportunity
for City to ascertain that the services of Consultant are being
performed in accordance with the requirements and intentions of
this agreement. All work done and all materials furnished, if
any, shall be subject to the City's Project Manager's inspection
and approval. The inspection of such work shall not relieve
Consultant of any of its obligations to fulfill its agreement
as prescribed.
9. OWNERSHIP OF MATERIALS
All original drawings, models, plan documents and other
materials prepared by .or in possession of Consultant pursuant
to this agreement shall become the permanent property of the
City, and shall be delivered to the City upon demand. The
consultant may retain a reproducible copy for their records.
10. ASSIGNMENT: SUBCONSULTANTS: EMPLOYEES
This agreement is for the performance of professional services
of the Consultant and is not assignable by the Consultant
without prior consent of the City in writing. The Consultant
may employ other specialists to perform special services as
required with prior approval by the City. It is understood by
the City that the Consultant shall retain the services of
Subconsultant as identified in Exhibit A. i
11. NOTICES
All notices hereunder shall be given in writing and mailed,
postage prepaid, by Certified Mail, addressed as follows:
To City: Public Works Department
City of San Luis Obispo
955 Morro Street
San Luis Obispo, CA 93401
To Consultant: Westland Engineering Company
1037 Mill Street
San Luis Obispo, CA 93401
12. INTEREST OF CONSULTANT
Consultant covenants that it presently has no interest, and
shall not acquire any interest, direct or indirect, financial
or otherwise, which would conflict in any manner or degree with
the performance of the services hereunder. Consultant further
covenants that, in the performance of this agreement, no
subcontractor or person having such an interest shall be
employed by Consultant. Consultant certifies that no one who
has or will have any financial interest under this agreement is
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�. an officer or employee of City. It is expressly agreed that,
in the performance of the services hereunder, Consultant shall
at all times be deemed an independent contractor and not an
agent or employee of City.
13. INDEMNITY
Consultant hereby agrees to indemnify and save harmless City,
its officers, agents, and employees of. and from:
a. Any and all claims and demands which may be made against
City, its officers, agents or employees by reason of any
injury to or death of any person or corporation caused by
any negligent act or omission of Consultant under this
agreement or of Consultant's employees or agents;
b. Any and all damage to or destruction of the property of
City, its officers, agents, or employees occupied or used
by or in the care, custody, or control of Consultant, or
property of others, or in proximity to the site of
Consultant's work, caused by any negligent act or omission
of Consultant under this agreement or of Consultant's
employees or agents;
a. Any and all claims and demands which may be made against
City, its officers, agents, or employees by reason of any
injury to or death of or damage to property suffered or
sustained by any employee or agent of Consultant under this
agreement, however caused, excepting, however, any such
claims and demands which are the result of the negligence
or willful misconduct of City, its officers, agents, or
employees;
d. Any and all claims and demands which may be made against
City, its officers, agents, or employees by reason of any
infringement or alleged infringement of any patent rights
or claims caused by the use of any apparatus, appliance, or
materials furnished by Consultant under this agreement; and
e. Any and all penalties imposed or damages sought on account
of the violation of any law or regulation or of any term or
condition of any permit, when said violation of any law or
regulation or of any term or condition of any permit is due
to negligence on the part of the Consultant.
Consultant, at its own cost, expense, and risk, shall defend
any and all suits, actions, or other legal proceedings that
may be brought against or for employees on any such claim
or demand of such third persons, or to enforce any such
penalty, and pay and satisfy any judgment or decree that may
be rendered against City, its officers, agents, or employees
in any such suit, action or other legal proceeding, when
( same were due to negligence of the Consultant.
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14. WORKERS COMPENSATION
Consultant certifies thatit is aware of the provisions of the
Labor Code of the State of California, which require every
employer to be insured against liability for workers
compensation or to undertake self-insurance in accordance with
the provision of that code, and it certifies that it will comply
with such provisions before commencing the performance of the
work of this agreement.
15. INSURANCE
At the request of the City, Consultant shall provide proof of
comprehensive general liability insurance ($1,000,000 including
automobile) and professional liability insurance ($1,000,000)
satisfactory to the City. City shall be an additional named
insured.
16. AGREEMENT BINDING
The terms, covenants, and conditions of this agreement shall
apply to, and shall bind, the heirs, successors, executors,
administrators, assigns, and subcontractors of both parties.
17. WAIVERS
The' waiver by either party of any breach or violation of any
.term, covenant, or condition of this agreement or of any
provision, ordinance, or law shall not be deemed to be a waiver
of any subsequent breach or violation of the same or of any
other term, covenant, condition, ordinance, or law. The
subsequent acceptance by either party of any fee or other money
which may become due hereunder shall not be deemed to be a
waiver of any preceding breach or violation by the other party
of. any term, covenant, or condition of this agreement or of any
applicable law or ordinance.
18. COSTS AND ATTORNEY'S-.FEES
The prevailing party in any action between the parties to this
agreement brought to enforce the terms of this agreement or
Arising out of this agreement may recover its reasonable costs
and attorney's fees expended in connection with such an action
from the other party.
19. DISCRIMINATION
No discrimination shall be made in the employment of persons
under this agreement because of the race, color, national
. origin, ancestry, religion or sex of such person.
If Consultant is found in violation of the nondiscrimination
provisions of the State of Consultant Service Agreement
California Fair Employment Practices Act or similar provisions
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California Fair Employment Practices Commission or the
equivalent federal agency or officer shall constitute evidence
of a violation of contract under this paragraph.
20. AGREEMENT CONTAINS ALL UNDERSTANDINGS
This document represents the entire and integrated agreement
between City and Consultant and supersedes all prior
negotiations, representations, or agreements, either written or
oral. This document may be amended only by written instrument,
signed by both City and Consultant. All provisions of this
agreement are expressly. made conditions. This agreement shall
be governed by the laws of the State of California:
IN WITNESS WHEREOF, City and Consultant have executed this
agreement on the day and year first above written.
CONSULTANT
By
Westland Engineering Co.
Westland Engineering Co.
By
Hunsaker & Associates
Hunsaker- & Associates
CITY OF SAN LUIS OBISPO
By
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EXHIBIT "A"
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Scope of work by Westland Engineering company:
1. Establish the location of .150 points in the City and the
vicinity of the City. 18 points shall be established to first
order accuracy and 132 to second order accuracy.
2. Establish 18 first order points and 116 second order points by
using Global Positioning System..
3. Receivers used shall be a minimum of four- (4) trimble 4000SL
receivers.
4. Provide latitude and longitude of each point in the NAD83
coordinate system.
5. Provide state plane coordinate data (X,Y, Scale Factor, Theta
Angle) in NAD83 for all points.
6. .Provide point information on a 5 ,1/4 floppy disk in an ASCII
Text file format suitable for import into L & L Coordinate
Geometry Software (LLCOGO) and the D.C.A. engineering software
series via the "Import" commands.
Format should be as follows:
a. One coordinate per line
b. Use a comma .as a delineator
c. Point number, northing, easting, *elevation, description.
*Use "0.0" when elevation is not given.
7. The final. network shall be on 5 1/4" protected disks with
printed directories attached and a hard copy printout of the
contents.
S. Subcontractor shall be Hunsaker & Associates.
9. Project Manager for Hunsaker & Associates shall be Rob
Morrison.
•10. Provide report stating what was done, how it was done, the
degree of accuracy accomplished, and a tabular listing of
points and their related date, and a map of an appropriate
scale of the survey superimposed on a City street map to aid
user in identifying available points.
11. Contractor shall permit City employees to observe all phases
of the field and office work.
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