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HomeMy WebLinkAboutReso 21-05 Zone7ConsltSvcsOrthg RESOLUTION NO. 21 - 05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ~ * * * . . * * * APPROVAL OF A AGREEMENT FOR CONSULTING SERVICES BE1WEEN THE CITY OF DUBLIN, CITY OF LIVERMORE. CITY OF PLEASANTON, ALAMEDA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT ZONE 7 ("ZONE 7"), AND HJW GEOSPA TIAL, INe. ("HJW") FOR AERIAL ORTHOPHOTOGRAPHY SERVICES WHEREAS, the City desires to obtain digital aerial orthophotography for use in the City's Geographical Infonnation System (GIS); and WHEREAS, §2.36.0S0(a)(6) of the Dublin Municipal Code provides that the competitive bid process shall not apply when the City Council specifically waives the competition bid process whe" a purchase involves goods of a technical nature, where it would be difficult for a vendor to bid on a standard set of specifications, the Purchasing Agent shall undertake a thorough review of known products and a comparison offeatures wlúch would most closely meet the city's needs at the least cost; and WHEREAS, the cost of the consulting services shall be funded through the City's 2004-2005 Capital Improvement Program Geograplúc Infonnation Systems budget (Project #93192); and WHEREAS, the City Council of the City of Dublin does specifically waive the competitive bid process pursuant to Dublin Municipal Code §2.36.0S0(a)(6). NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby authorizes the City Manager to execute an agreement (attached hereto as Exhibit A) for consulting services between the City of Dublin, City of Livermore, City of Pleasant on, Zone 7, and IDW for aerial orthophotography services for a not-to-exceed budget of $53, 199.44. PASSED, APPROVED AND ADOPTED this 15th day of Fcbruary, 2005. AYES: Councilmcmbcrs Hildenbrand, McCormick, Oravetz and Zika, and Mayor Lockhart. NOES: None ABSENT: None ABSTAIN: None ATTEST: ~.IINU:II 4" \L.»... ~ , Deputy City Clerk G:\ÇÇ.MTGS\200S.qt.-1\Fob\D2-1\-!)\lreso 21-!)\ HJWÇ_....doo (Itom 4.8) -¡ Db ''),.7-- AGREEMENT FOR CONSULTING SERVICES THIS AGREEMENT is between the City of Livermore, a municipal corporation of the State of California (City), ), City of Pleasanton, a municipal corporation of the State of California (Pleasanton), City of Dublin, a municipal corporation ofthe State of California (Dublin), Alameda County Flood Control & Watcr Conscrvation District Zone 7 (Zone 7), hereallcr referred to as "Partners," and HJW Geospatial, Inc., a California Corporation (Consultant). RECITALS 1. The Partners require the services of a Consultant to provide acrial orthophotography services as described in the attached Scope of Work "Exhibit A." II. Consultant possesses distinct professional skills necessary to perform the services described in this Agreement. NOW, THEREFORE, Partners and Consultant agree as follows: I. Independent Contractor Status: Consu1tant is an independent contractor and has control over thc means and methods of performing the services contemplated by this Agreement. Consultant understands that its services are heing offered as an independent contractor. Nothing in the agreement shall in any way be construed to mcan that Consultant or any of its agents or employees are agents, employees or representatives of Partners. 2. Services to be Provided: Consu1tant shall provide the following serviccs: A. Consu1tant provide Partners with services related to aerial orthophotography within the region. Consultant's responsibilities shall include, but shall not be limited to the scope of work and specifications as described jn the attached Scope of Work (Exhibit A). B. Consultant shalt make a reasonable effort to complcte the tasks described above in a timely mmmer. C. In addition, Consultant shall be rcsponsible and shall be readily available to t. \ ".', I ,.. .",.. :\ ,(,.., .",,! /, 131/f) ;¡;¿.. the Partners (or designee) for the handling and answering of any and all questions, inquiries, and correspondence from interested persons referred to Consultant by the Partners (or designee) regarding the services Consultant has performed under this Agreement. D. Consultant shall be ready and able to begin to perform services required by this Agreement immediately upon its execution and shall perform such services diligently until this Agreement teJ1]ljnates. E. Upon written request of Partners, ConsultaJ1t sha1l submit to Partners a report listing work in progress, charges incurred to date, and anticipated estimated completion costs. F. Consultant shall maintain adequate records and documentation to substantiate a1l charges for services provided in the perfonnance of this Agreement, including, but not limited to, hours worked, materials used, and expenses incurred. Consultant shall provide copies of these records and documcntation if they are requcsted by thc Partners. G. Consultant shall maintain records and documents related to the performance of this Agrccmcnt, and shall allow Partners access to such records, upon request, for a period of three (3) years from the date of this Agrcement"'s termination. Consultant shall provide copies of these records and documents ifthey are requested by the Partners. 3. Assignment: Consu1tant shall not assign this contract or any portion ofit without the express written approval of the Partners. 4, Tenn: The tenn of this Agreement shall commence February 14,2005 and shall tenninate upon completion of the scope of services as described in Exhibit "A", S. Termination: Partners and Consultant agree that Partners may terminate this Agreement at any time before the nonnal expiration of the term by giving thirty (30) days written notice. Upon tennination of the agreement before completion of the project, Consultant shall surrender all documents, drawings, and other pertinent information on the project to Partners and c( 15:' 21--~ o Partners shall compensate Consultant for aU services provided before termination. 6. Confidentiality: Consultant shall not disclose or make use of confidential or proprietary information or knowledge which may be disclosed to him, directly or indirectly, in the course of any performance under this Agreement. This Section survives termination of this Agreement. 7. Payment and EXDenses: A. Partners shall pay Consultant for services performed under this Agrcement in accordance with the attached Exhibit "A." B. Payments prescribed in this Agreement shall constitute all compensation to Consultant for all costs of its services, including, but not limited to, direct costs ofJabor of cmployees engaged by Consultant, including Consultant, travel expenses, telephone charges, typing, dup1ication, computer timc, and any and all other costs, expenses, and charges incurred by Consultant, his agents and employees in earrying out its duties under this Agreement. Consultant shall be solely responsible for payment of its taxes, social security, and all expenses incurred ill eonnection with the projcct. C. Consultant shall invoice Partners monthly for services rendered in the previous month. Partners shall pay Consultant in an expedient manner in accordance with Partners' normal payment proeedurcs. 8. Economic Disclosure/Conflict of Interest. Upon determination by Partners that the services provided under this Agreement are of the type that make Consultant subject to the Economic DiseJosure/Conflict of Interest reporting requirements of the Political Reform Act, Consultant shall complete Economic DiseJosure Statements as directed by Partners. 9. Hold Harmless: Consultant agrees to defend, indemnify, and hold the Partners, 10 Oib;¡¡¡'" elected officials, officers, directors, employees, agents, and volunteers harmless ITom and against any and all loss, liability, damage, including reasonable attorneys= fees and/or court costs, arising out of the performance of this contract, except for the gross negligence and willful misconduct of Partners, their elected officials, officers, directors, employees, agents, and volunteers. 10. Consultant's Responsibility: It is understood and agreed that Consultant has the professional skills necessary to perform the work agrced to be performed and that Partners rely upon the professional skills of Consultant to do and perform its work in a skillful and profcssional manncr and Consultant agrees to so perform its work. Acceptance by Partners of the work performed under this Agrccmcnt docs not operate as a release of Consultant ITom such professional responsibility, It is further understood and agrecd that the Consultant has rcvicwed in detail the scope of work to be perfoilned and that Consultant agrees in its professional judgement said work can and shall be completed at the ratc set forth in this Agreement. 11. Insurance Requirements For Consultants: Consultant shall procure and maintain for the duration ofthe contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his agents, representatives, or emp loyees. Minimum Scope ofInsurance Coverage shall be at least as broad as: I. Insurance Services Officc Commercial General Liability coverage (occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 covering Automobile Liability, code 1 (any auto). 1¡~2.~, 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 4. Errors and Omissions Liability Insurance appropriate to the consultant's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability. Minimum Limits of Insurance Consultant shall maintain limits no less than: 1. General Liability, including operations, products and completed operations, as applicable: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separateJy to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. AutomQbile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury or disease. 4. Errors and Omissions Liability: $1,000,000 per occurrence. Deductibles and Self-Insured Retention Any deductibles or self-insured retention must be declared to and approved by Partners. At the option of Partners, either: the insurer shall reduce or eliminate such deductibles or seJf-insured retention as respects Partners, their officers, officials, employees and volunteers; or the Consultant shaIl provide a financial guarantee satisfactory to Partners guaranteeing payment oflosses and related l2,í6 ~2Þ' investigations, claim administration and defense expenses. Other Insurance Provisions The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. Partners, thcir officers, officials, employees and volunteers are to be covcred as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope ofprotec!Íon afforded to Partners, their officers, officials, employees or volunteers. 2. For any claims re]ated to this project, the Consultant's insurance coverage shall be primary insurance as respects the Partners, their officers, officials, employees and volunteers. Any insurance or self-insurance maintained by Partners, their officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3. Any failure to comply with reporting or other provisions of the policy including breaches of warranties shall not affect coverage provided to Partners, its officers, officials, employees or volunteers. 4. The Consultant's insurance shaU apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by cither party, except a.fter thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to Partners. Accevtabilitv ofInsurers Insurance is to be placed with insurers with a current AM. Best's rating of no less than A: vrr, unless ¡'5I'iilŸ othetwise acceptable to Partners. Verification of Coverage Consultant shall furnish Partners certificates of insurance and endorsement(s) effecting coverage to Partners for approvaL The endorsements shall be on forms acceptable to Partners. AU certificates and endorsements are to be received and approved by Partners before work commences. Partners reservc the right to require complete, certified copies of all insurance policies required by this section. 12. Notices: Any notice required or permittcd under the terms oftms Agreement shall be effective upon receipt in writing either by personal service upon the authorized agent ofPartncrs or upon Consultant, respectively, or by mailing the notice via U.s. Mail to City at: City Administration Building 1052 S. Liveml0re Avenue Livermore, CA 94550 and to Consultant at: HJW Geospatial, Inc. 8407 Edgewater Drive Oakland, CA 94621-1403 or to another address designated by either party by notice given in the manner set fOrtJl in this Agreement. HJW Geospatial, Inc. A California Corporation "CONSULTANT" DATED: BY: TITLE: Federal LD. # or Social Security No. DATED: APPROVED AS TO FORM: Deputy City Attorney DATED: APPROVED AS TO FORM: City Attorney DATED: APPROVED AS TO FORM: City Attorney !11t¡¡..., CITY OF LIVERMORE A Municipal Corporation "CITY" BY: TITLE: CITY OF PLEASANTON A Municipal Corporation "PLEASANTON" BY:... TITLE: CITY OF DUBLIN A Municipal Corporation "DUBLIN" BY: TITLE:__." DATED: APPROVED AS TO FORM: County Council !f5pt) .').¡,.... ALAMEDA COUNTY FLOOD CONTROL & W ATER CONSERVATION DISTRICT ZONE 7 A County Corporation "ZONE 7" BY: TITLE: 1(t.)G'b~·P Exhibit B 2005 Aerial Orthophotography Project Cost-sharin Totals HIRes Delivery Area In square (Less 15% miles' Percent Cost Discount W/O Cost Sharln .. Dublin 31.9 16.4% $62,587.57 $53,199.44 $102,401.68 Livermore 48.1 24.7% $94,371.85 $80,216.08 $154,405.04 Pleasanton 41.5 21.3% $81,422.70 $69,209.30 $133,218.49 Zone 7 73,2 37.6% $143,617.87 $122,075.19 $234,978,15 Total 194.7 $382,000.00 $324,700.00 . The sum of the Delivery Areas exceeds the total project area of 119 square miles because of overlapping deliveries. .. W/O Cost Sharing figure is equal to the "HiRes Delivery Area" x "$382,000/119 sq.mi." Percent Cost Dublin Livermore 146.9 100.0% $20,000.00 $17,000.00 Pleasanton Zone 7 Total 146.9 $20,000.00 $17,000.00 :<"" I;' ~~ ,., I"~, ,,' ""'I"·' II"'" ~'.", ,\~, j \ I ~...I ..,;¡,~¡, nrfb).V 2005 Livermore Valley Mapping and Orthophotography Project Scope HJW will extend the relationship that has developed over the last 4 years by undertaking a project to update the mapping and orthophotographic coverage we have provided to the Livermore Valley Partners. The project will have two components: an area of high resolution orthophotos meeting 100-scale accuracy specifications with contours generated on a two-foot interval and an area of lower resolution orthophotos meeting 200-scale accuracy specifications with contours generated on a 10-foot interval. The two project components are referred to as the HighRes and LowRes areas in the attached Specifications and their extents are shown in Exhibit C following. Photography and Control Methods The new photographic materials that will be used in this update project will be consistent with the materials used in the previous projects, The HighRes area will be photographed at 1 :7200 in color and controlled by a combination of Airborne GPS data collected at the time of flight, ground control points from our previous work, and newiy set and surveyed ground points. The project plans call for approximately 500 exposures in 35 flight lines supported by 40 ground points. The LowRes area will be photographed at 1 :24000 in color and controlled by a combination of Airborne GPS data collected at the time of flight, ground oontrol points from our previous work, and newly set and surveyed ground points. The project plans call for approximately 40 exposures in 4 flight lines supported by 8 ground points and ties to older photography. Contour Mapping The controlled photography will be used to update and extend the terrain model that was developed in 2001 and revised partially in 2003. The terrain data generated for the City of Dublin in1995 will also be incorporated and revised. The method relies on using our softcopy oompilation instruments. In the softcopy environment old data is viewed as it overlays new stereo imagery enabling the compiler to easily identify areas of change. The old data is clipped out and new data is compiled to accurately represent the changed conditions. Contours are then generated as normally and introduced into the stereo view to check for fidelity to the ground configuration. The oontouring and spot elevations are converted to AutoCAD .DWG format and cut into the tiling scheme of each partner. Digital Orthophotography The new photography will be scanned at a resolution of 2000 dpi and subjected to radiometric color balancing before ortho-rectification. The camera locations and orientations from the aerotriangulation adjustment and the revised terrain model will be fd\\b,'\ \. e.,';I.' I 't;~t.z. used to generate an ortho·rectified image for each exposure. These orthophotos will be mosaicked using seamline techniques designed to eliminate building lean conflicts from the final orthophoto tiles. Special nadir exposures will be made of major elevated road structures to eliminate the patches of missing ground imagery that would otherwise result when elevated overpasses are shifted into their corrected location. The delivery tiling scheme of the orthophotos will be as specified by each partner, Uncompressed .tif/tfw and MrSIO compressed .sid/sdw format images in both color and black/white will be provided on OVO. ¡ .q 'Jf;';¿ Þ" SPECIFI CA TlONS For Orthophotographic Services For the City of Livermore, the Alameda County Flood Control and Water Conservation District - Zone 7, the City of Pleasant on, and the City of Dublin January 2005 Community Development Department Engineering Division Livermore, California Prepared by: Land Systems Group 395 Del Monte Center, #150 Monterey, California 93940 , j~ ~:"~"'\ I bl. ':'t r~;OòoI~ 20lì[) 2. ~~...' Orthoimagery Services ' City of Livermore January, 2005 Products to be Delivered In this section, the flight and photographic requirements of each participating agency are listed. City of Livermore, Zone 7, City of Pleasant on, and City of Dublin Orthophotography Specifications Factor TVlJe --- Image Color and B/W tif and sid, including tfw's and sdw's Pixcl size 6" - high-resolution arcas -,-,,-~ I' - low-resolution areas Area Refer to flight area map - Exhibit "C". Special effort will be made to provide full ground coveragc around clevated roadway structures such as thc 580/680 interchange. ..W"'._' Line Work . City grid/County grid coverage showing the ground area covered by each photographic tile. Dclivcred digital photo tiles along flight boundary lines should be extended to the nearest inclusive tile horder. Contours as described below . Jurisdictional composites based on each agency's flight plan to be included in deliverables. Contour format: AutoCAD Delivery Media CD or DVD: color and b/w Comprcssed flles: color and b/w Compressed color mosaics of their project tiles will be provided for each partner Compression Mr. Sid or other compression to be approved by the agencies Contours 2' for high-resolution areas within the flight boundary, cxtcnded to the nearest inclusive tile border along boundary lines; 10' for low-resolution arcas Triangulation Report Required in digital and hard copy formats. Survey Report A control report is required in digital and hard copy formats. Provide mctadata, datum, spheroid, units, projection used and who perfonlled the work. Digital Elevation Required to be at a density which will support ortho 2 Model /TIN . production and generate the appropriate contours. Control Ground control Airborne GPS Livermore has vertical control for use in triangulation Pleasanton has 25 pt. Net for use in triangulation Horizontal Accuracy HighRes: 1" ~ 100' (I: 1200) LowRes: 1" = 200' (1 :2400) Vertical Accuracy HighRes: 2' Contours LowRes: 10' Contou.rs Map Scalc: HighRes: 1" = 100' (1:1200) LowRes: 1" = 200' (1 :2400) Horizontal Datum NAD '83 Vertical Datum NA VD '88 Coordinate System State Plane, Zone 3, US Survey Feet Match Grid City Grid - City of Livermore City Grid - City of Pleasanton County Grid - Zone 7 and City of Dublin Al1 deliverv tiles shall be full Flight Date February/March 2005 Metadata Index report including datum, spheroid, units, actual flight date or dates, who preformed thc work. Data Distribution The Livermore partners have rights of distribution consistent with their responsibilities under the Public Records Act. HJW GeoSpatial retains the right to make data sales to interested third uarties. 2 ¡ ~D 2_~¿c'" Orthoimagery Service, City of Livennore January, 2005 3 2. Ûb1- y-- ----"\ 01 ~I ~I ,'.!i.,;, .,J. .'! ;'1 'f' " . 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