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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 tpgl/network by 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. - 1 - 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. 2 AV-3 I' 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. 3 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 4 - dw-s000 �. 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. 5 - O 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 6 - , 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 - 7 EXHIBIT "A" J 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. tpgl/consagre.wp jms - 8 - ��-9