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HomeMy WebLinkAboutItem 4.09 HJW Geospatial MOA CITY CLERK AGENDA STATEMENT CITY COUNCIL MEETING DATE: May 6, 2003 SUBJECT: Proposed Memorandum of Agreement Regarding Cost Sharing with the City of Livermore and Alameda County Flood Control & Water Conservation District Zone 7 for Services Provided by HJW Geospatial, Inc. and Proposed Consulting Agreement with HJW Geospatial, Inc. ("HJW") Report Prepared by: Joni Pattillo, Assistant City Manager ATTACHMENTS: 1) Resolution Approving Memorandum of Agreement (MOA), including: Exhibit "A" - MOA Exhibit "B" - Cost-sharing Total 2) Resolution Approving Contract Agreement, including: Exhibit "A" - Consulting Agreement Exhibit "B" - Scope of Services RECOMMENDATION: 1) Adopt resolution approving Memorandum of Agreement ..... - ~ with the City of Dublin, City of Livermore and Zone 7 ~/'~¢~"~';~ regarding sharing the costs for services provided by HJW Geospatial, Inc. in the amount of $9,500.00. 2) Adopt resolution approving Consulting Agreement between the City of Dublin, Alameda County Flood Control & Water Conservation District Zone 7, and HJW Geospatial, Inc. for aerial orthophotography services. FINANCIAL STATEMENT: The total project cost submitted by the selected aerial contractor, HJW, is $28,500.00 if'the aerial orthophotography for the participating agencies are taken in a single flight. Dublin's estimated share is $9,500.00. The project will be charged to CIP Geographic Information System 93192. DESCRIPTION: The City of Dublin has been actively engaged in the development of a GIS program that will serve the City's Staff and community. Digital imagery provides critical backdrop imagery to the City's on-line GIS and to most cartographic products. This digital imagery is more than an enhancement; it is a systems requirement. The City of Dublin has a .unique opportunity to acquire up-to- date digital orthoimagery (aerial picture of the City of Dublin) at significant cost savings. COPIES TO: Peter Ashley - HJW Geospatial Melinda Sunnarborg - City of Livermore ITEM NO. _~~ C:kDocuments and Settings\jonipkMy DocumentskAssistant City Manager\agst HJW2003 agmt rev4.doc The City of Livermore and Zone 7 both require new imagery that would overlap with the City of Dublin's boundary. The City of Dublin was invited to join a group purchase of aerial imagery for the Dublin- Livermore area. By using a data sharing agreement and splitting costs with the City of Livermore and Zone 7, the City of Dublin can purchase imagery for the entire Dublin area at a third of the cost. Because each agency will receive data from the entire flight area (which includes Zone 7 and Livermore), all project costs, estimated at $28,500.00 will be shared equally, with each participant paying $9,500.00. As a result, Dublin is realizing a savings of $19,000.00. It is advantageous for the City to enter into the MOA with the City of Livermore and Zone 7 to share the proposed costs and resulting data and realize the significant cost savings achieved when all three parties equally participate in an expensive data collection project. On February 2, 2001, the City of Livermore, the City of Pleasanton, and Zone 7 issued a request for bids to obtain aerial imagery as a joint purchase. In response to this request, three bids were received. Based on those agencies' reviews of the bids, it was determined that HJW was the most qualified, and it was recommended to utilize HJW as the firm to conduct the work. HJW was approached in February 2003 to develop a new scope of work for the Livermore-Dublin area. Other than the flight area, the services and parameters required for the proposed 2003 aerial orthophotography project match those of the 2001 project. HJW is still highly qualified to do the work and their pricing structure is still competitive. In most cases, the City's Purchasing Ordinance requires that major purchases be subject to the competitive bid process. However, the Dublin Municipal Code 2.36.050 (a)(10), provides the following exception from the competitive bid process: "When another public agency has administered a competitive bidding process within the past two years for the same or substantially similar supplies, services or equipment;" It is further advantageous for the City to execute the contract agreement between the City of Dublin, the City of Livermore and Zone 7 with HJW to jointly purchase aerial orthophotography. Imagery re-flights are generally planned every 4-5 years. Dublin last obtained orthophotography in 1995 from HJW Geospatial. Dublin also obtained lower-resolution satellite imagery flown in 2001 through mutual data sharing from Dublin San Ramon Services District (DSRSD). Dublin will share the 2003 HJW orthophotography imagery with DSRSD and DSRSD will share future satellite imagery with Dublin. Each type of imagery provides unique qualities and benefits to a GIS program. RECOMMENDATION: Staff recommends that the City Council approve the resolution authorizing the Memorandum of Agreement with the City of Dublin, City of Livermore and Zone 7 regarding sharing of the cost for services provided by HJW Geospatial, Inc. in the amount of $9,500.00 and approve the resolution authorizing a Consulting Agreement between the City of Dublin, Alameda County Flood Control & Water Conservation District Zone 7, and HJW Geospatial, Inc. for aerial orthophotography services. -2- RESOLUTION NO. - 03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVAL OF A MEMORANDUM OF AGREEMENT (MOA) BETWEEN THE CITY OF DUBLIN, THE CITY OF LIVERMORE, AND ALAMEDA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT ZONE 7 ("ZONE 7") REGARDING SHARING THE COSTS FOR ORTHOPHOTOGRAPHY SERVICES FROM HJW GEOPATIAL, INC. WHEREAS, the City desires to obtain digital aerial orthophotography for use in the City's Geographical Information System (GIS); and WHEREAS, an MOA with the City of Livermore and Zone 7 regarding the sharing of costs for services provided by HJW would save the City of Dublin $19,000.00; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Dublin does hereby authorize the City Manager to execute a Memorandum of Agreement (Exhibit A) with the City of Livermore and Zone 7 for the purposes of sharing the costs for orthophotography service. PASSED, APPROVED AND ADOPTED this 6th day of May, 2003. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk ATTACHMENT 1 C:~Documents and Settings\jonipWIy DocumentsXAssistant City Manager~reso HJW2003 MOA-Revision A.doc MEMORANDUM OF AGREEMENT FOR OR THOIMA GER Y A CQ UISITION THIS AGREEMENT is entered into between the City of Livermore, the City of Dublin, and the Alameda County Flood Control and Water Conservation District - Zone 7 ("Partners") for the purpose of jointly and equally acquiring aerial orthoimagery for their region. RECITALS WHEREAS, each of the Partners is concerned with planning or management of its jurisdiction; and WHEREAS, each of the Partners use GIS or other information technology to accomplish those goals; and WHEREAS, a fundamental component of a successful GIS is an accurate ground or survey control and this need is most efficiently met by the use of orthoimagery; and WHEREAS, an additional benefit of orthoimagery is the visual image of the region; and WHEREAS, the data and imagery that must be developed or acquired for these purposes is expensive and sharing of costs will allow Parmers to accomplish these goals at lower cost; and WHEREAS, Partners have jointly developed a Scope of Work to provide the orthoimagery required and have sent it to a qualified vendor; NOW THEREFORE, the parties agree to the cooperative process for the acquisition of orthoimagery as itemized belo~v: I. Common Development of a Scope of Work for Orthoimagery The parties to this agreement agree that a Scope of Work will be jointly developed to represent the individual needs of all Partners. The purpose of this joint endeavor is to realize the benefits of commissioning a single flight to serve the needs of all Partners rather than individual flights for each Party. III. Individual Contracts for Services. Partners have entered into a common process for development of the Scope of Work. Each of the participants, the City of Livermore, the City of Dublin, and Alameda County Flood Control and Water Conservation District - Zone 7, will develop a contract with the vendor for the provision of orthoimagery services. This contract will itemize each participant's portion of the overall cost. Participants shall make payment to the vendor for an equal portion of each project component as outlined in Exhibit B - Cost-sharing Totals at the time payment is due. Each Partner's equal share is not to exceed the cost listed on Exhibit B. A. Parties recognize that their costs may include their equal share for areas of photographic overlap. B. No party to this agreement will front the costs for orthoimagery for another party. IV. Hold Harmless. EXHIBIT A The parties to this agreement shall accept the jointly-developed Scope of Work and the selected vendor. In addition, each party to this agreement shall hold harmless every other party. V. Terms of Agreement A. Any of the parties to this agreement shall have the right to withdraw from this agreement prior to the signing of the vendor contract by action of the policy board of the party. B. New parties not identified under (A) may be admitted to this agreement in the following manner: The party seeking admission shall make a written request for admission to the Partners, which will then vote on the request. C. This agreement may be amended on recommendation of the Parmers. Accepted CITY OF LIVERMORE A Municipal Corporation "CITY" DATED: BY: TITLE: APPROVED AS TO FORM: DEPUTY City Attorney CITY OF DUBLIN A Municipal Corporation "DUBLIN" DATED: BY: TITLE: APPROVED AS TO FORM: Assistant City Attorney ALAMEDA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT ZONE 7 A County Corporation "ZONE 7" DATED: BY: TITLE: APPROVED AS TO FORM: County Council 2003 Aerial Orthophotography Project Cost-sharing Totals Flight Area Livermore share Zone 7 share Dublin share Total 77-2 Chain o' Lakes 7,250.00 7,250.00 14,500.00 Z7-3 Altamont area 14,250.00 14,250.00 28,500.00 Z7-1, COD-l, COL-1 North Livermore/City of Dublin 9,500.00 9,500.00 9,500.00 28,500.00 COL-2 Southeast Livermore 6,800.00 6,800.00 13,600.00 Z7-4 South Livermore 2,650.00 2,650.00 5,300.00 Item #3 Livermore Photos 4,200.00 4,200.00 Subtotal: 44,650.00 40,450.00 9,500.00 94,600.00 Prints - Livermore Photos (estimate) 7,100.00 7,100.00 TOTALS: $ 51,750.00 $ 40,450.00 $ 9,500.00 $ 101,700.00 EXHIBIT B RESOLUTION NO. - 03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVAL OF A CONSULTING AGREEMENT BETWEEN THE CITY OF DUBLIN, CITY OF LIVERMORE, ALAMEDA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT ZONE 7 ("ZONE 7"), AND HJW GEOSPATIAL, INC. ("HJW") FOR AERIAL ORTHOPHOTOGRAPHY SERVICES WHEREAS, the City desires to obtain digital aerial orthophotography for use in the City's Geographical Information System (GIS); and WHEREAS, §2.36.050(a)(10) of the Dublin Municipal Code provides that the competitive bid process shall not apply when the City Council specifically waives the competition bid process when a another public agency has administered a competitive bidding process within the past two years for the same or substantially similar supplies, services or equipment; and WHEREAS, the cost of the consulting services shall be funded through the City's 2002-2003 Capital Improvement Program Geographic Information 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 §2.36.050(a)(10); NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby authorizes the City Manager to execute an agreement (Exhibit A) with HJW for aerial orthophotography services for a not-to-exceed budget of $9,500.00. PASSED, APPROVED AND ADOPTED this 6th day of May, 2003. AYE S: NOES: AB SENT: AB STAIN: Mayor ATTEST: City Clerk ATTACHMENT 2 C:kDocuments and Settings\jonipkMy DocumentsXAssistant City Managerkreso HJW2003 Contract-Rev A.doc AGREEMENT FOR CONSULTING SERVICES THIS AGREEMENT is between the City of Livermore, a municipal corporation of the State of California (City), City of Dublin, a municipal corporation of the State of California (Dublin), Alameda County Flood Control & Water Conservation District Zone 7 (Zone 7), hereafter referred to as "Parmers," and HJW Geospatial, Inc., a California Corporation (Consultant). RECITALS I. The Partners require the services of a Consultant to provide aerial 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: 1. Independent Contractor Status: Consultant is an independent contractor and has control over the means and methods of performing the services contemplated by this Agreement. Consultant understands that its services are being offered as an independent contractor. Nothing in the agreement shall in any way be construed to mean that Consultant or any of its agents or employees are agents, employees or representatives of Partners. 2. Services to be Provided: Consultant shall provide the following services: A. Consultant 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 in the attached Scope of Work (Exhibit A). B. Consultant shall make a reasonable effort to complete the tasks described above in a timely manner. C. In addition, Consultant shall be responsible and shall be readily available to EXHIBIT A 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 terminates. E. Upon written request of Partners, Consultant shall 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 all charges for services provided in the performance of this Agreement, including, but not limited to, hours worked, materials used, and expenses incurred. Consultant shall provide copies of these records and documentation if they are requested by the Partners. G. Consultant shall maintain records and documents related to the performance of this Agreement, and shall allow Partners access to such records, upon request, for a period of three (3) years from the date of this Agreement=s termination. Consultant shall provide copies of these records and documents if they are requested by the Partners. 3. Assigranent: Consultant shall not assign this contract or any portion of it without the express written approval of the Partners. 4. Term: The term of this Agreement shall commence April 28, 2003 and shall terminate upon completion of the scope of services as described in Exhibit "A". 5. Termination: Parmers and Consultant agree that Partners may terminate this Agreement at any time before the normal expiration of the term by giving thirty (30) days written notice. Upon termination of the agreement before completion of the project, Consultant shall surrender all documents, drawings, and other pertinent information on the project to Partners and Partners shall compensate Consultant for all 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 Expenses: A. Partners shall pay Consultant for services performed under this Agreement 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 of labor of employees engaged by Consultant, including Consultant, travel expenses, telephone charges, typing, duplication, computer time, and any and all other costs, expenses, and charges incurred by Consultant, his agents and employees in carrying out its duties under this Agreement. Consultant shall be solely responsible for payment of its taxes, social security, and all expenses incurred in connection with the project. 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 procedures. 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 Disclosure/Conflict of Interest reporting requirements of the Political Reform Act, Consultant shall complete Economic Disclosure Statements as directed by Partners. 9. Hold Harmless: Consultant agrees to defend, indemnify, and hold the Partners, elected officials, officers, directors, employees, agents, and volunteers harmless from 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 agreed to be performed and that Partners rely upon the professional skills of Consultant to do and perform its work in a skillful and professional mariner and Consultant agrees to so perform its work. Acceptance by Partners of the work performed under this Agreement does not operate as a release of Consultant from such professional responsibility. It is further understood and agreed that the Consultant has reviewed in detail the scope of work to be performed and that Consultant agrees in its professional judgement said work can and shall be completed at the rate set forth in this Agreement. 11. Insurance Requirements For Consultants: Consultant shall procure and maintain for the duration of the 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 employees. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 covering Automobile Liability, code 1 (any auto). 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 separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile 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 self-insured retention as respects Partners, their officers, officials, employees and volunteers; or the Consultant shall provide a financial guarantee satisfactory to Partners guaranteeing payment of losses and related 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, their officers, officials, employees and volunteers are to be covered 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 of protection afforded to Partners, their officers, officials, employees or volunteers. 2. For any claims related 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 shall 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 either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to Partners. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VII, unless otherwise acceptable to Parmers. Verification of Coverage Consultant shall furnish Partners certificates of insurance and endorsement(s) effecting coverage to Parmers for approval. The endorsements shall be on forms acceptable to Partners. All certificates and endorsements are to be received and approved by Partners before work commences. Partners reserve the right to require complete, certified copies of all insurance policies required by this section. 12. Notices: Any notice required or permitted under the terms of this Agreement shall be effective upon receipt in writing either by personal service upon the authorized agent of Partners or upon Consultant, respectively, or by mailing the notice via U.S. Mail to City at: City Administration Building 1052 S. Livermore 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 forth in this Agreement. HJW Geospatial, Inc. A California Corporation "CONSULTANT" DATED: BY: TITLE: Federal I.D. # or Social Security No. CITY OF DUBLIN A Municipal Corporation DATED: BY: TITLE: APPROVED AS TO FORM: City Attorney CITY OF LIVERMORE A Municipal Corporation "CITY" DATED: BY: TITLE: APPROVED AS TO FORM: Deputy City Attorney ALAMEDA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT ZONE 7 A County Corporation "ZONE 7" DATED: BY: TITLE: APPROVED AS TO FORM: County Council Exhibit A SPECIFICATIONS For Orthophotographic Services For the City of Livermore, the Alameda County Flood Control and Water Conservation District - Zone 7, and the City of Dublin April 2003 Community Development Department Engineerin~ Division Livermore, California Prepared by: Land Sys~ms Group 395 Del Monte Center, ~150 Monterey, California 93940 EXHIBIT B 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 Dublin Orthophotography Specifications Factor Type Image Color and B/W Pixel size 6" - high-resolution areas 1' - low-resolution areas Area Refer to flight area map - Exhibit "C". Line Work · City grid/County grid coverage showing the ground area covered by each photographic tile. Contours as described below Delivery Media CD: color and b/w Contact Prints: 9 x 9 analog prints of the aerial imagery Compressed files: color and b/w Compression Mr. Sid or other compression to be approved by the agencies Contours 2' for high-resolution areas within the flight boundary; 10' for low-resolution areas EXCEPT: 20' for hilly areas within the flight boundary Triangulation Report Required in digital and hard copy formats. Survey Report A control report is required in digital and hard copy formats. Digital Elevation Required to be at a density which will support ortho production Model/TIN and generate the appropriate 10' contours. Diapositives To be owned by each agency. Control Ground control Airborne GPS Citywide vertical control City has 25 pt. Net use for triang control Horizontal Accuracy 1" = 200' (1:2400) Vertical Accuracy Sufficient to support 10' contours Map Scale: 100 scale NAD NAD '83 NAVD NAVD '88 Coordinate System State Plane, Zone 3: ' feet Match Grid City Grid - City of Livermore County Grid - Zone 7 & City of Dublin Flight Date May 2003 Scope of Work Livermore Valley Additions March 27, 2003 #1. High Resolution - Half-Foot Color Orthophotos / 2-Foot Contours Z7-2 (Chain O' Lakes) The design requires 14 color exposures at 1:7200 and 12 ground points for mapping control. The cost will be $14,500. Twelve full 100-scale tiles will be updated. Z7-3 This new area for High-Res coverage requires 28 color exposures at 1:7200 and 17 surveyed ground points for mapping control. The cost will be $28,500. #2. Low Resolution - One-Foot Pixels / 10-Foot Contours Z7-1 / COD-1 / COL-1 This area is redefined to include the whole of the City of Dublin. The proiect design calls for 26 color exposures at 1:24000. Control for mapping will come from Airborne CPS data, control set for the Z7-3 area, and HOW proprietary materials. The cost will be $28,500. COL-2 & Z7-4 The definition of these areas and the specifications for mapping are unchanged. These two areas are covered by the photography taken in 2001. The areas were never mapped but they could be mapped using materials that are in hand. The cost for COL-2 would be $13,600 and the cost for Z7-4 would be $5,300. #3. City of Livermore - Color Aerial Photography Eight Color Obliques Exposures The cost to collect eight color oblique photographs of the sites specified by the City will be $2100. Enlargements are priced by size and a list of costs by size has been provided. One Color Pinpoint Photograph of Entire City The cost to acquire a single high-altitude color exposure at 1:80000 covering the entire city will be $2100. Enlargements are priced by size and a list of costs by size has been provided.