HomeMy WebLinkAbout12/18/1990, C-7 - TREE INVENTORY & MAINTENANCE MANAGEMENT PROGRAM jII��I���II Y ti Bili; CIS O� San LUIS S OBI SpO MEETING DATE:
ONGs IIIi� COUNCIL AGENDA REPORT ITEM NUMBER l
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FROM: David F. Romero, Public Works Directors'
PREPARED BY: Lane Wilson, Parks and BuildingsM nagef7eW
David P. Pierce, Projects Manager
SUBJECT: Tree Inventory & Maintenance Management Program
CAO RECOMMENDATION: By motion, approve request for proposals for
"Tree Inventory & Maintenance Management
Program" and authorize soliciting of proposals
and contract award by the CAO for an amount not
to exceed $50,000.
DISCUSSION:
The FY 1989-91 Financial Plan established an objective and provided
funds in the Tree Maintenance Program to obtain a comprehensive
inventory of trees and a computer based work order system. The
inventory is to catalog the location, species, size, and condition of
each tree. The Forest Management Software is to help assess
maintenance needs, and to schedule maintenance activities for the
protection of trees and the elimination of hazardous conditions.
This RFP seeks consulting services to inventory all trees for which the
City has responsibility (street trees and trees on City owned property)
and to provide the corputer software that will be the heart of an urban
forest management program.
The inventory will catalog:
- Existing street trees
- Other existing trees under city control
- Potential locations for additional street trees
- Type and condition of the trees
- Potential problems such as low clearance, raised sidewalks, urgent
tree maintenance needs
The Forest Management Software will
- Maintain the inventory
- Schedule pruning and maintenance work.
- Identify priority work for day-to-day activities
- Assist in planning for long-term growth of the city's urban forest.
- assist in developing plans to plant street trees in vacant sites.
Approving the FY 1989-91 Financial Plan and approving revisions to the
Tree Regulations in November 1989 were the first steps in a significant
upgrade of the program to care for and improve the Urban Forest. The
City took on the responsibility to trim and spray more than 10, 000
additional street trees in order to ensure healthy and attractive
growth.
Cl ty osari _ais osispo
COUNCIL AGENDA REPORT
Tree Inventory
Page 2
The inventory and work order systems are tools to assist the City
Arborist manage the resources required to accomplish the program.
Other Cities have documented significant savings through the use of
these tools to manage a scheduled maintenance program. Since the City
effort in managing the tree program is expanding, savings here will not
be documented as reductions in cost. However, the revised program
should not cost as much as it would have without these tools.
The inventory will identify potential trip and fall locations so that
these can be corrected. The work history and inventory information
will be used to identify trees that cause maintenance problems and
which should be replaced. Species that cause problems or 'are expensive
to maintain will be identified so that they will not be planted in the
future. The information will also provide assistance in deciding when
trees should be replaced. Information may be consolidated to assist in
decisions to replace mature trees when they start to become too
expensive to maintain. A vigorous forest is least susceptible to
disease and makes the greatest impact on the environment.
COORDINATION:
This request has been approved by the Management Information Committee.
(MIC) . The Request for Proposals clearly addresses their concerns that
the computer program must provide tree inventory information that is
compatible with both dBase III+ and Autocad. During the evaluation of
the proposals the software will be reviewed with the MIC members who
operate the Land Use Data Base and who are involved with AutoCAd.
FISCAL IMPACT:
Estimate $50, 000
The FY 1989-90 Trees Operating Budget included $81, 000 for this work.
These funds are available in the Public Works Department Carry-over
Account.
RECOMMENDATION:
By motion, approve request for proposals for "Tree Inventory &
Maintenance Management. Program" and authorize soliciting of proposals
and contract award by the CAO for an amount not to exceed $50, 000.
Attachments: Request for Proposal
�;!� i;i city of San tins OBISPO
WMRZA COUNCIL AGENDA REPORT
Tree Inventory
Page 2
APPROVED:
- �_- Date• i , c /q d
City ministrative Officer '
pfrttbrnr Fin nce Director
Technical Systems Coordin or
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Tree Inventory
and
Maintenance Management Program
SPEC. NO.. CY 90-013
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CITY OF SAN LUIS OBISPO
STATE OF CALIFORNIA
SPEC NO. CY 90=013
REQUEST FOR PROPOSAL
NOTICE IS HEREBY GIVEN THAT the City Clerk of the City of San Luis Obispo,
State of California, will receive sealed proposals pursuant to Specification
No. CY 90-013 at the City Clerk's Office, City Hall, 990 .Palm Street, until
for the purchase of the following
services:
Tree Inventory and Maintenance Management Program
Proposals received after said time will not be considered. Each proposal
shall be submitted in a sealed envelope plainly marked:
"P-roposal for Tree Inventory and Maintenance Management Program
Spec. No. CY-90-013"
Each proposal shall be made out in compliance with the General and Special
Proposal Terms and Conditions and the Specifications, a copy of which may be
obtained from the Office of the City Clerk, 990 Palm Street, San Luis Obispo,
93401.
The City of San Luis Obispo reserves the right to accept such proposal or
proposals as may be deemed most advantageous to the City, the right to wave
any informality in a proposal, and the further right to reject any and all
proposals.
Additional information may be obtained by .contacting Lane Wilson at
(805)549-7220.
CITY OF SAN LUIS OBISPO
Pamela Voges
City Clerk
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O CITY OF SAN LUIS OBISPO
STATE OF CALIFORNIA
SPEC NO. CY 90-013
TABLE OF CONTENTS
Page
General Proposal Terms and Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1- 2.
Special Proposal Terms and Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3- 6
Preliminary Scope of Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-11
Formof Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-C
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CITY OF SAN LUIS OBISPO
STATE OF CALIFORNIA
SPEC NO. CY 90-013
GENERAL PROPOSAL TERMS AND CONDITIONS
1. Requirement to Meet All Proposal Terms and Conditions - Each proposal
shall meet all of the proposal terms and conditions. Nonsubstantial
deviations may be considered provided the consultant submits a full
description of the proposed deviations. Final determinations of any proposed
deviation will be made by the City of San Luis Obispo.
2. Proposal Submission - Proposal documents shall be enclosed in an envelope
which shall be sealed and addressed to the City Clerk, City of San Luis
Obispo, 990 Palm Street, San Luis Obispo, CA 93403-8100. In order to guard
against premature opening, the proposal should be clearly labeled with the
proposal title, name of consultant, and date and time of proposal opening.
3. Proposal Retention and Award - The City reserves the right to retain all
proposals for a period of 150 days for examination and comparison. The City
also reserves the right to waive nonsubstantial irregularities in any
proposal, to reject any and all proposals, to reject or delete one part of a
proposal and accept the other, except to the extent that the proposals are
qualified by specific limitations, and to make award to the consultant
providing the services judged to be most advantageous to the City.
4. Proposal Price Quotations - Selection of providers of professional
services is based on several factors including a negotiated price. The —'
proposal should include an approximate cost for the services, supplies, and
equipment that are proposed. After a consultant is selected based on many
factors, the City will negotiate a contract to define the services to be
provided and the price for these services.
5. Proposal Withdrawal - A consultant may withdraw its proposal, without
prejudice prior to the time specified for the proposals to be received, by
submitting a written request to the City Clerk, in which event the proposal
will be returned to the consultant unopened. No proposal received after the
time specified or at any place other than the place stated in the "Request for
Proposals" will be considered.
6. Contract Assignment- The consultant shall not assign, transfer, convey or
otherwise dispose of the contract, or its right, title or interest, of its
power to execute such a contract to any individual or business entity of any
kind without the previous written consent of the City of San Luis Obispo.
7. Non-Discrimination - In the performance of the terms of this contract, the
consultant agrees that it will not engage in, nor permit such subcontractors
as it may employ, to engage in discrimination in employment of persons because
of age, race, color, sex, national origin or ancestry, or religion of such
persons.
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O CITY OF SAN LUIS OBISPO
STATE OF CALIFORNIA
SPEC NO. CY 90-013
GENERAL PROPOSAL TERMS AND CONDITIONS
8. Communications Regarding Proposal - All timely requests for information
submitted in writing will receive a written response from the City. Telephone
communications with City staff are not encouraged, but will be permitted.
However, any such oral communication shall not be. binding on the City.
9. Business Tax - All consultants should be aware of the City's Business Tax
Ordinance which requires that a business tax receipt be obtained before any
business, trade, profession, enterprise, establishment, occupation, or calling
is conducted with the City. The amount of the tax is based on gross receipts
resulting from business conducted in the City of San Luis Obispo, and is
required to be paid when business is conducted in the City even though the
principal location of the business may be outside of the City. Issuance of a
business tax. receipt is only evidence of the. fact that the tax has been paid;
it does not sanction or approve any operation not otherwise permitted.
Verification that the consultant has a valid City of San Luis Obispo business
tax receipt will be obtained by the City prior to the execution of the
contract. Additional information regarding the City's Business Tax Program
may be obtained by calling (805)54977134.
O10. Payment Terms - Payments will be made within 30 days of the submittal of
an invoice after the completion of each phase of the project. A retention of
108 shall be withheld until the entire project is complete and the City has
been operating the system for 60 days. An additional retention of 40% of any
payment .shall. be made if any phase of the project is-more -than 30 days behind
schedule. That additional retention will bereleasedat the time all phases
of the project -are on-schedule,
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CITY OF SAN LUIS OBISPO
STATE OF CALIFORNIA
SPEC NO. CY 90-013
SPECIAL PROPOSAL TERMS AND CONDITIONS
1. DESIRED QUALIFICATIONS
This project is of significant importance to the City. It is the desire of
the City to hire a consultant who can demonstrate:
a. Experience with all aspects of urban forest management.
b. Specific experience with urban forest inventory and the installation of
computer software to manage the urban forest.
C. Previous experience working with commissions and councils.
d. Familiarity with local tree species and environment.
The consultant's project manager should have the types of experience listed
above.
2. PROPOSALS
The proposals must be submitted in three (3) copies and must contain at least
the following information:
a. Refined Scope of Services.: The firm making the proposal should review
the Preliminary Scope of Services and make any refinements to it that
are appropriate and necessary. Consultant is encouraged to submit a
proposal that would include the option of additional phases to include
all services for a comprehensive tree program.
b. Project Manager.: Identify who will be the consultant's project manager.
The project manager will be responsible for the day-to-day supervision
of consultant services and will make any presentations as determined
necessary by City's project manager which may include presentations to
City staff and. City Council. The final contract will specify that the
project manager may not be changed without written approval of the City.
C. Resume Materials: Resume materials, including references, should
demonstrate the consultant's and the project manager's experience with
similar projects. References must include the name and phone number of
a contact person as well as a description of the 'services provided.
Resume materials should also include information on the full scope of
tree related services that the consultant' is capable of providing.
d. Software: Identify the software that is to be furnished, fully describe
the capabilities and operation of the software and provide a history of
development and ongoing, maintenance of the system. Discuss the ability
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CITY OF SAN LUIS OBISPO
C` STATE OF CALIFORNIA
SPEC NO. CY 90-013
SPECIAL PROPOSAL TERMS AND CONDITIONS
of the software to interface with a GIS, dBase III+, and AutoCad.
Discuss the ability of the software to export data in a universal
format. Provide references to include names and phone numbers of
current users. Identify the hardware requirements to make the system
function effectively. Discuss the personnel requirements to operate the
software in order to keep the data current on a daily basis.
e. Cost Information: Although they are not of major significance in the
selection process and although the final price will be negotiated based
on a negotiated scope of services, an approximate cost of the services
should be specified for each phase of the project. Prices for all
supplies, software and software support should be specified.
f. Work Schedule: The consultant must estimate how long it will take to
complete the work for each major phase of the project.. Time is
important so the consultant should demonstrate adequate staff and
experience to complete the project in a timely manner.
3. SELECTION PROCESS
All proposals will be evaluated by the Parks and Buildings Division Manager,
the City Arborist, and the Projects Manager. Consultants submitting proposals
that warrant further evaluation will be invited for interviews. The number of
applicants invited to the interviews will depend on the number of proposals
received, the qualifications and experience of the applicants and the quality
of the proposals.
City staff will interview the selected consultants, will rank consultants
based on the information provided in the proposal and the interview, and will
submit the ranking to the City Administrative Officer.
The City Administrative Officer will authorize staff to negotiate a final work.
program and service contract with the selected consultant. . The formal
contract will be submitted to the City Administrative Officer for approval.
4. INTERVIEW AND SOFTWARE DEMONSTRATION
A demonstration of the software is required as part of the interviews. The
demonstration should:
a. be on hardware similar to that recommended for operation at the
Corporation Yard;
b. use a data base for an urban forest with 15,000 to 30,000 trees;
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CITY OF SAN LUIS OBISPO
STATE OF CALIFORNIA
SPEC NO. CY 90-013
SPECIAL PROPOSAL TERMS AND CONDITIONS
C. use a work order history of at least one year to include preventive
trimming of at least 5,000 trees and response to requests on 500 trees.
The demonstration needs to show the full capability of the system and the
interface that must be provided by trimmers, arborist, clerical staff, and
managers .for the system to be used effectively. The demonstration also is
intended to evaluate the speed of the system when operating under actual
working conditions with one or more years worth of accumulated data.
The demonstration may be on City hardware or Consultant hardware.
5. HARDWARE
The proposal is to contain recommendations for the hardware on which the
system will operate most effectively. The City will provide the basic
hardware. The consultant will provide any specialty hardware such as data
recorders with their interfaces. The cost of additional hardware will be
considered in the selection of a consultant.
A consultant is encouraged to propose a preferred hardware configuration that r
would make the system operate most effectively and An 'alternate configuration
that would make the most cost effective use of existing hardware and still
maintaining an effective system.
The City Corporation Yard currently has a Novell Network with ten (10) work
stations connected. An additional five (5) to ten (10) work stations could be
added within the next two years. The file server is an Everex STEP 386/25
with 200 mb of disk memory. A work station will be purchased for the Arborist
during the time this project is being completed.
6. SOFTWARE "INSURANCE"
The proposal must address the question of continued availability of the
program code to the City should the consultant or the current owner of the
code no longer be in the position to make corrections or updates. The
following two options should be addressed:
a. The City be allowed to purchase the program source code for its own use.
Any future update of the code would also be provided. The proposal
should address the cost of this purchase and the cost of purchasing
updated code.
b. The code will be placed in an escrow account, to be legally available to
the user community in the event of bankruptcy or other dissolution of
the software consultant.
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CITY •OF SAN LUIS OBISPO
CSTATE OF CALIFORNIA
SPEC N0. CY 90-013
SPECIAL PROPOSAL TERMS AND CONDITIONS
7. LIABILITY AND PROPERTY DAMAGE INSURANCE
For the duration of the contract, the Consultant shall take out and maintain
insurance against claims for injuries to persons or damages to property which
may arise from the performance of the work under this contract by the
Consultant and its agents, officers and employees. The cost of such insurance
shall be included in the Consultant's fee. As a minimum the coverage shall
include:
a. comprehensive general liability with a $1,000,000 combined single limit
per occurrence for bodily injury, personal injury and property damage;
and
b. automobile liability with a $1,000,000 combined single limit per
accident for bodily injury and property damage; and
C. workers' compensation with limits required by the Labor Code of the
State of California; and
d. employers' liability in the limits of $500,000 per accident.
Any deductibles or self-insured retentions must be declared to and approved by
The City.
Concurrently with the execution of the contract, the Consultant must submit
and receive the City's approval of certificate(s) which: 1) evidence the
required insurance coverage; 2) call for 30 day notice to the City before
cancellation; 3) name all subcontractors as insureds' ; .and, 4) name the City
and its agents, officers and employees as insureds.
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CITY OF SAN LUIS OBISPO
STATE OF CALIFORNIA
SPEC NO. CY 90-013 -
PRELIMINARY SCOPE OF SERVICES
I. GENERAL
The City of San Luis Obispo has approximately fourteen thousand (14,000)
street trees of various types and sizes and approximately six thousand
(6,000) other trees of various types and sizes located on other city
facilities; .i.e. , parks, parking lots, playgrounds and public buildings.
This City has approximately two hundred miles of street frontage that
could possibly accommodate (at our .present requirement of one tree for
every thirty five feet of street frontage) approximately thirty thousand
(30,000) trees.
This project is to inventory the entire urban forest located on property
under the control of the City and to provide and install a computerized
management program.
II. PHASE 1 - Tree Inventory
The tree inventory will be an accurate physical inventory of pertinent
attributes of all city-owned trees and available street tree planting
sites. THE PROPOSAL SHOULD ADDRESS THE ACCURACY THAT SHOULD BE EXPECTED
FOR EACH TYPE OF INFORMATION BEING INVENTORIED. As a minimum, the J
inventory shall include the following information:
A. Site location
1) Maintenance Area (to be defined in this project)
2) House number
3) Street name
4) Side street name (when site is located on side of property)
5) Sequentially ordered tree site number
6) Site configuration: parkway width, tree well dimension, back
of monolithic sidewalk or back of curb where no sidewalk
exists or in City easement.
7) Electric wires overhead. - primary, secondary, service, none
8) Measurement +/- 1/2" of sidewalk and/or curb displacement
within 10 feet in either direction from the tree trunk
9) Presence of root control barriers
10) Potential obstruction of traffic control devices or line-
of-sight
11) Blank data elements for future use
B. Tree Identification
1. Botanical taxonomy (genus and species)
2. Common name
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CITY OF SAN LUIS OBISPO
STATE OF CALIFORNIA
SPEC NO. CY 90-013
PRELIMINARY SCOPE OF SERVICES
3. Condition
a. DBH (+/- 2 inches)
b. Estimated height (+/- 5 feet)
C. Estimated canopy diameter (+/- 5 feet)
d. Physical condition: (ISA rating)
e. Vigor (growing - stable - declining)
4. Maintenance Classification (to be defined as part of this
project to identify next maintenance required and when it.
will be needed) .
5. Roadway and sidewalk clearance
a. Height of trunk or limb above curb or sidewalk if
under the required clearance height.
b. Can the tree be pruned to meet the clearance
requirements without devastating the natural
Appearance of the tree..
6. Identification of trees that may be unusual for size.,
C species, exceptional examples -of a species, etc.
C. Project Submittals
During the course of this phase of the project, the City would
receive as a minimum the following submittals:
1. Concise report on methods to be used in data collection
2. Dictionary of all terms and assumptions
3. Computer file containing inventory information (compatible
with tree management system) .
III. PHASE 2 - Computerized Tree Management System
The computerized Tree Management System shall provide for the effective
management of the maintenance program for the urban forest under City
control. As a minimum, it shall include the following features:
A. Interface With Other Software
The software shall interface with AutoCad and dBase III+ programs
so as to integrate with other City mapping and data base programs.
The City currently has a dBase III+ data base of the ownership and
use of all parcels within the City. The Tree inventory data must
interface with this program. Preferably the files could be used
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CITY OF SAN LUIS OBISPO
STATE OF CALIFORNIA
SPEC NO. CY .90-013
PRELIMINARY SCOPE OF SERVICES
as maintained in the Tree Inventory Records. As an alternative
the Tree Management Software could export files that would
interface with the dBase III+ programs.
B. Inventory Control
The software shall have the ability to add, delete., store,
retrieve, and update individual tree or tree site records or any
combination of individual tree or tree site records.
C. Work Request-Monitoring
The software shall have the capability of entering, storing,
summarizing and printing incoming work requests in a prompt,
efficient manner. The work request system shall keep track of the
name, address, and phone number of the requestor to facilitate
follow-up when the work is complete.
D. Work Order System
The work order system should provide work orders for all types of
tree related work .including:
a. Individual jobs
b. Similar work grouped by maintenance area
C. Groups of trees selected by several search conditions
The system should print work orders using the inventory data and
should fully describe the work to be done.
The system must be able to handle work orders for non-tree work
that is accomplished by the tree maintenance crews. This work
typically includes the installation of banners, installation or
Christmas decorations, assisting other. City crews, etc.
The processing of completed work orders needs to update the work
history for each tree site that was involved without the need to
make entries for each. site.
The system shall have the capability of generating a multiple site
work order based on several search conditions such as type, age,
condition, last .prune, location, etc. of the trees.
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O CITY OF SAN LUIS OBISPO
STATE OF CALIFORNIA
SPEC NO. CY 90-013
PRELIMINARY SCOPE OF SERVICES
E. Work Histories
The software needs to maintain a history of all the work
accomplished at each tree site. Information must include the
source of the request, the date and type of work performed. The
work history will begin with the implementation of the
computerized management system and will maintain these records in
active files for on-line recall for at least five years.
F. Archive of History
The system needs to be able to archive records older than five (5)
years in order to manage memory space. The system must have a
feature to allow these records to be searched for the generation
of special reports on specific sites.
G. Printed Reports
The software needs the ability to print a variety of 'summary
O reports by tree record or by various combinations of tree record
fields. The software should include a custom report generator
that is easy to use and is capable of manipulating data selected
from any fields based on any combination of criteria.
H. Software Support
The software must be fully supported and there must be a history
of upgrades and modifications to allow the software to adapt to
hardware improvements and changing customer needs.
I. Project Submittals
During the course of this phase of the project, the City would
receive as a minimum the following submittals:
1. Tree Management Software master disks with a working copy
loaded onto City hardware
2. Comprehensive User's Manuals (two copies minimum)
3. Provide an annual support agreement
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CITY OF SAN LUIS OBISPO _
STATE OF CALIFORNIA
SPEC NO. CY 90--013 -
PRELIMINARY SCOPE OF SERVICES
IV. PHASE 3 - Software Installation Testing and Training
A. Software Installation and Data Loading
The Consultant shall install and test all software and shall
install and test of all hardware necessary. to make the system
fully operational on the computers that will be provided by the
City.
The Consultant shall load all data collected in Phase 1 and shall
insure that the system is fully operational.
B. Trainine
The consultant shall provide training after the system is fully
installed on the computer hardware at the City of San Luis Obispo
Corporation Yard. The training shall be specifically oriented to
each of the user groups (Tree. Trimmers, Arborist, Clerks, and
Managers.)
C. Project Submittals
During the course of this phase of the project, the City would
receive as a minimum the following submittals:
1. Demonstration that all data is loaded and the system is
fully operational.
2. Training for all users of the system
3. Copies of reports and work orders generated by the programs
and data bases installed on City computers.
O CITY OF SAN LUIS OBISPO
STATE OF CALIFORNIA
SPEC NO. CY 90-013
PRELIMINARY SCOPE OF SERVICES
List of Suggested Consultants
Golden Coast Environmental Services, Inc.
18010 Skypark Circle, Suite 225
Irvine, CA 92714
(714)474-9230
Davey Tree
2617 S. Vasco Road
Livermore, CA 94550
Attn: Rick Ramsey
BSI
1415 E. 17th Street
Santa Ana, CA 92701
Attn: Bob Kuhn
O1800 Inc
18002 Cowan; Suite 1.00
Iryine, CA . 92714
Attn: David L. Dixon
(714)660-8044
Thomas J. Pehrson
Consulting Urban Forester
P.- O. Box 100 -
Orinda, CA 94563
(415)254-7072
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A7-��
FORM OF AGREEMENT
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is entered into this - day of
1990, by and between the City of San Luis Obispo, hereinafter called the
"CITY", and hereinafter called the
"CONSULTANT".
WHEREAS, the CITY has need for the professional services of an individual
with the particular training, ability, knowledge and experience possessed by
the CONSULTANT;
NOW, THEREFORE, for the consideration set forth in the Statement of
Services, the CONSULTANT agrees to perform the listed services during the
period 1990 through 1991.
In performing the above services, it is understood and agreed that: -
1. The CONSULTANT is engaged as an independent contractor and will be
responsible for any federal or state taxes applicable to this payment.
2. The General and Special Proposal Terms and Conditions, the
accepted proposal, the Approved Scope of Work and Schedule, and all software
licenses are part of this agreement.
3. Payments will be made within 30 days of the submittal of an
invoice after the completion of each phase of the project. A retention of 106
shall be withheld until the entire project is complete and the City has been
operating the system for 60 days. An additional retention of 40% of any
payment shall be made if any phase of the project is more than 30 days behind
schedule. That additional retention will be released at the time all phases
of the project are on schedule.
4. By mutual consent in writing of both parties signatory to this
agreement,, changes may be made to the Scope of Work or Schedule.
A
O5. This agreement may be terminated at any time by the CITY by
written notice to the CONSULTANT. At the completion of each phase, the CITY
shall review the viability of the project. The CONSULTANT will not begin the
next phase until notification is received from the CITY. If the agreement is
terminated at the end of a phase; the CONSULTANT will be paid the amount
specified in the Fee Schedule for the phases that have been completed. If the
project is terminated during .a phase, the CONSULTANT will be paid the amount
specified for completed phases plus the hourly rate attached for work on the
current phase up to the amount specified in .the Schedule of Services.
6. All work for which payment has been made shall become the property
of the City of San Luis Obispo. No other contract terms, written or verbal,
are binding upon the CITY with regards to the use data provided prepared under
this contract. This provision does not limit the CONSULTANT's use of these
Odata.. 7. The City of San Luis Obispo shall be held harmless from any
and all claims and losses accruing or resulting to CONSULTANT and any other
person in connection with the performance of this contract.
8_ The CONSULTANT shall carry the following insurance minimums
throughout the period of this contract:
a. comprehensive general liability with a $1,000,000 combined
single limit per occurrence for bodily injury, personal injury and
property damage; and
b. automobile liability with a $1,000,000 combined single limit
per accident for bodily injury .and property damage; and
C. workers' compensation with limits required by the Labor Code
of the State of California; and
d. employers' liability in the limits of $500,000 per accident.
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9. In the event that any provision of this agreement shall be held to
be invalid and unenforceable, the remaining provisions shall be valid and
binding upon the parties. One _or more waivers by either party of any
provision, term, condition or covenant shall not be construed by the other.
party as a waiver of a subsequent breach of the same by the other party.
This contract and any amendments to this contract will not be effective
until approved by the Finance Director of the City of San Luis Obispo.
CITY CONSULTANT
Signed Signed
Title Print Name
Address
Finance Director
Date
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