HomeMy WebLinkAbout06/10/2008 12 LiDAR Data Acquisition and Processing Agreement with Surdex Corporation BUSINESS OF THE CITY COUNCIL
4110 YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. I Z
For Meeting of June 10, 2008
ITEM TITLE: A Resolution authorizing the City Manager to execute a Professional
Services Agreement with Surdex Corporation to provide LiDAR data
acquisition and processing
SUBMITTED BY: Dave Zabel!, Assistant City Manager
Douglas Mayo, Storm and Wastewater ivision Manager
CONTACT PERSON/TELEPHONE: Douglas Mayo / 575 -6077
SUMMARY EXPLANATION:
Light Detection and Ranging (LiDAR) offers an efficient way to produce digital elevation models
(DEMs) for high accuracy mapping and modeling applications. Surdex Corporation will provide a
two -foot contour interval map of the flight area. Contour information is valuable for development
reviews and infrastructure and land use planning efforts. The information will assist in meeting the
mapping requirements of the NPDES Phase II Permit for. Stormwater. This information is also
beneficial to the public and will be available to private developers and engineers.
• The attached resolution authorizes the City Manager to execute the attached Professional Services
Contract with Surdex Corporation to provide LiDAR data acquisition and processing for the area
specified. The Wastewater and Stormwater Funds will pay 66.6% and 33.3% respectively, of the
service contract. The attached draft agreement identifies the tasks and estimated costs for
services, not to exceed $136,000.
Resolution XX Ordinance Contract XX Other (Specify) .
Funding Source: Wastewater 476.— 66.6% and Stormwater 442.— 33.3%
APPROVED FOR SUBMITTAL: ',
ity anager
STAFF RECOMMENDATION: Respectfully request adoption of the resolution
BOARD /COMMISSION /COMMITTEE RECOMMENDATION:
COUNCIL ACTION:
III
RESOLUTION NO. R -2008-
A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of
Yakima to execute a professional services agreement with Surdex
Corporation in an amount not to exceed $136,000 to provide LiDAR
data acquisition and processing.
WHEREAS, the City of Yakima desires to have a contour map providing two -foot
contour lines for development planning purposes, wastewater line placement and
Stormwater compliance; and,
WHEREAS, the city maintains a roster of consultants whose statements of
qualifications represent that they have the expertise necessary to perform the services
required by the City; and,
WHEREAS, Surdex Corporation has the experience and expertise to provide the
services required by the City; and
WHEREAS, the City Council has determined that it is in the best interest of the
City to enter into a professional services agreement with Surdex Corporation in order to
utilize Surdex's experience and expertise to meet the City's requirements; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and City Clerk of the City of Yakima are authorized and directed to
execute a professional services agreement with Surdex Corporation in amount not to
1111 exceed $136,000 for professional services needed to collect the necessary Light
Detection and Ranging information to create a Digital Elevation Model supportive of a
two -foot contour interval map, a copy of which agreement is attached hereto and by
reference made a part hereof.
ADOPTED BY THE CITY COUNCIL this day of , 2008
David Edler, Mayor
ATTEST:
City Clerk
PROFESSIONAL
• SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement ") is made and
entered into by and between the City of Yakima, a Washington municipal corporation (hereinafter
the "City "), and Surdex Corporation, a company licensed to do business in Washington (hereinafter
the "Corporation ").
WHEREAS, the City desires to engage the Corporation to provide Light Detection and
Ranging (LiDAR) acquisition that is designed to create a Digital Elevation Model (DEM) that is
supportive of a two -foot contour interval.
WHEREAS, the Corporation has the experience and expertise necessary to provide said
independent LiDAR/DEM services and is willing to provide such services in accordance with the
terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements
set forth herein, it is agreed by and between the City and the Corporation as follows:
1. Scope of Services. The Corporation shall provide LiDAR data processed to a bare earth
DEM using a combination of automated processing and interactive editing. The City will be
provided the DEM along with all original classified LiDAR point data. All LiDAR data will be
delivered in LAS format. The format of the DEM will be agreed upon by the City. The scope of
services is described in more detail in the attached and incorporated Exhibit "A."
0 2. Term. The term of this Agreement shall commence upon execution hereof and shall
term at m of February 1, 2009, unless terminated sooner by either party in accordance
with Section 18. The Corporation shall proceed in a timely and diligent manner to provide all
services required hereunder.
3. Consideration. The City shall pay the Corporation for services rendered hereunder in
accordance with the payment schedule set forth in attached and incorporated Exhibit "B." Unless
this Agreement is otherwise modified by the parties, the total compensation paid to the Corporation
for all services provided under this Agreement shall not exceed One Hundred Thirty Six Thousand
Dollars ($136,000). The Corporation shall submit to the City monthly invoices itemizing tasks
accomplished and percent completed to date. Upon receipt of said monthly invoice, the City shall
make payment to the Corporation within thirty (30) calendar days; provided, however, that all
payments are expressly conditioned upon the Corporation providing services that are satisfactory
to the City. The Corporation shall maintain adequate files and records to substantiate all amounts
itemized on the monthly invoices. In the event that either party exercises its right to terminate this
Agreement in accordance with Section 18, the Corporation shall be compensated in accordance
with the above terms for all satisfactory services provided to the City up to the effective Agreement
termination date.
4. Information Provided by the City. The Corporation shall provide guidance to the City in
determining the data required for purposes of the contemplated services. The City agrees to use
reasonable efforts to provide data and information specifically requested by the Corporation.
5. Status of Corporation. The Corporation and the City understand and expressly agree that
the Corporation is an independent contractor in the performance of each and every part of this
• Agreement. No officer, employee, volunteer, and /or agent of Corporation shall act on behalf of or
represent him or herself as an agent or representative of the City. The Corporation, as an
independent contractor, assumes the entire responsibility for carrying out and accomplishing the
services required under this Agreement. The Corporation expressly represents, warrants, and
agrees that its status as an independent contractor in the performance of the work and services
required under this Agreement is consistent with and meets the six -part independent contractor
test set forth in RCW 51.08.195. The Corporation and its officers, employees, volunteers, agents
and /or subcontractors shall make no claim of City employment nor shall claim against the City any
related employment benefits, social security, and /or retirement benefits. Nothing contained herein
shall be interpreted as creating a relationship of servant, employee, partnership or agency between
the Corporation and the City.
6. Inspection and Audit. The Corporation shall maintain books, accounts, records,
documents and other evidence pertaining to the costs and expenses allowable and consideration
paid under this Agreement in accordance with generally accepted accounting practices. All such
books of account and records required to be maintained by this Agreement shall be subject to
inspection and audit by representatives of the City and /or the Washington State Auditor at all
reasonable times, and the Corporation shall afford the proper facilities for such inspection and
audit. Such books of account and records may be copied by representatives of the City and /or the
Washington State Auditor where necessary to conduct or document an audit. The Corporation
shall preserve and make available all such books of account and records for a period of three (3)
years after final payment under this Agreement.
7. Taxes and Assessments. The Corporation shall be solely responsible for compensating
its employees, agents, and /or subcontractors and for paying all related taxes, deductions, and
assessments, including but not limited to federal income tax, FICA, social security tax,
assessments for unemployment and industrial injury, and other deductions from income which may
be required by law or assessed against either party as a result of this Agreement. In the event the
City is assessed a tax or assessment as a result of this Agreement, the Corporation shall pay the •
same before it becomes due.
8. Nondiscrimination Provision. During the performance of this Agreement, the Corporation
shall not discriminate on the basis of race, age, color, sex, religion, national origin, creed, marital
status, political affiliation, or the presence of any sensory, mental or physical handicap. This
provision shall include but not be limited to the following: employment, upgrading, demotion,
transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation,
selection for training, and the provision of services under this Agreement.
9. The Americans with Disabilities Act. The Corporation shall comply with the Americans
with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA) and its implementing regulations and
Washington State's anti - discrimination law as contained in RCW Chapter 49.60 and its
implementing regulations with regard to the activities and services provided pursuant to this
Agreement. The ADA provides comprehensive civil rights to individuals with disabilities in the area
of employment, public accommodations, public transportation, state and local government
services, and telecommunications.
10. Compliance with Law. The Corporation agrees to perform those services under and
pursuant to this Agreement in full compliance with any and all applicable laws, rules, and
regulations adopted or promulgated by any governmental agency or regulatory body, whether
federal, state, local, or otherwise.
11. No Conflict of Interest. The Corporation covenants that neither it nor its employees have
any interest and shall not hereafter acquire any interest, direct or indirect, which would conflict in
any manner or degree with the performance of this Agreement. The Corporation further covenants •
that it will not hire anyone or any entity having such a conflict of interest during the performance of
this Agreement.
. 12. No Insurance. It is understood the City does not maintain liability insurance for the
Corporation and its officers, directors, employees and agents.
13. Indemnification.
a. The Corporation agrees to protect, defend, indemnify, exonerate, and hold harmless the
City, its elected officials, agents, officers, and employees (hereinafter "parties protected ") from (1)
any and all claims, demands, liens, lawsuits, administrative and other proceedings, and (2) any
and all judgments, awards, losses, liabilities, damages (including punitive or exemplary damages),
penalties, fines, costs and expenses (including legal fees, costs, and disbursements) for, arising
out of, or related to any actual or alleged death, injury, damage or destruction to any person or any
property (including but not limited to any actual or alleged violations of civil rights) to the extent
solely or concurrently caused by, arising out of, or related to any actual or alleged act, action,
default or omission (whether intentional, willful, reckless, negligent, inadvertent, or otherwise)
resulting from, arising out of, or related to Corporation's provision of services, work or materials
pursuant to this Agreement.
b. The City agrees to hold harmless and indemnify the Corporation, its officers, employees,
and agents, from and against any and all suits, actions, claims, liability, damages, judgments, costs
of defense and expenses (including reasonable attorney's fees) which result from or arise out of
the negligence of the City, its officers, agents, employees or subcontractors, in connection with or
incidental to the performance or non - performance of this Agreement.
c. In the event that both the Corporation and the City are negligent, each party shall be
liable for its contributory share of negligence for any resulting suits, actions, claims, liability,
0 damages, judgments, costs and expenses (including reasonable attorney's fees).
d. The foregoing indemnity is specifically and expressly intended to constitute a waiver of
the Corporation's immunity under Washington's Industrial Insurance Act, RCW Title 51, as
respects the other party only, and only to the extent necessary to provide the indemnified party
with a full and complete indemnity of claims made by the Corporation's employees. The parties
acknowledge that these provisions were specifically negotiated and agreed upon by them.
e. Nothing contained in this Section or this Agreement shall be construed to create a
liability or a right of indemnification in any third party.
f. This Section of the Agreement shall survive the term or expiration of this Agreement
and shall be binding on the parties to this Agreement.
14. Insurance Provided by Corporation.
-
a. Professional Liability Insurance. On or before the date this Agreement is fully executed
by the parties, the Corporation shall provide the City with a certificate of insurance as evidence of
- professional liability coverage with a limit of at least One Million Dollars ($1,000,000.00) for each
wrongful act and an annual aggregate limit of at least One Million Dollars ($1,000,000.00). The
certificate shall clearly state who the provider is, the amount of coverage, the policy number, and
when the policy and provisions provided are in effect. The insurance shall be with an insurance
company rated A -VII or higher in Best's Guide. If the policy is on a claims made basis, the
retroactive date of the insurance policy shall be on or before the date this contract is executed by
both parties hereto, or shall provide full prior acts coverage. The insurance coverage or
substantially identical coverage sufficient to fully satisfy these requirements shall remain in effect
during the term of this Agreement and for a minimum of three (3) years following the termination of
. this Agreement.
b. Commercial Liability Insurance. On or before the date this Agreement is fully executed
by the parties, the Corporation shall provide the City with a certificate of insurance as proof of
commercial liability insurance with a minimum liability limit of One Million Dollars ($1,000,000.00)
per occurrence /aggregate limit bodily injury and property damage. The certificate shall clearly
state who the provider is, the amount of coverage, the policy number, and when the policy and
provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement.
The policy shall name the City, its elected officials, officers, agents, and employees as additional
insureds as to this project only and shall contain a clause that the insurer will not cancel or reduce
the insurance limits without first giving the City thirty (30) calendar days' prior written notice. The
insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide
and admitted in the State of Washington.
c. Commercial Automobile Liability Insurance. On or before the date this Agreement is
fully executed by the parties, the Corporation shall provide the City with a certificate of insurance
as proof of commercial automobile liability insurance with a minimum liability limit of One Million
Dollars ($1,000,000.00) per occurrence /aggregate limit bodily injury and property damage. The
certificate shall clearly state who the provider is, the amount of coverage, the policy number, and
when the policy and provisions provided are in effect. Said policy shall be in effect for the duration
of this Agreement. The policy shall name the City, its elected officials, officers, agents, and
employees as additional insureds as to this project only and shall contain a clause that the insurer
will not cancel or reduce in limits the insurance without first giving the City thirty (30) calendar days'
prior written notice. The insurance shall be with an insurance company or companies rated A -VII
or higher in Best's Guide and admitted in the State of Washington.
d. Insurance Provided by Subcontractors. The Corporation shall ensure that all
subcontractors it utilizes for work/services required under this Agreement shall comply with all of
the above insurance requirements.
15. Delegation of Professional Services. The services provided for herein shall be
performed by the Corporation, and no person other than regular associates or employees of the
Corporation shall be engaged upon such work or services except upon written approval of the City.
16. Assignment. This Agreement, or any interest herein or claim hereunder, shall not be
assigned or transferred in whole or in part by the Corporation to any other person or entity without
the prior written consent of the City. In the event that such prior written consent to an assignment
is granted, then the assignee shall assume all duties, obligations, and liabilities of the Corporation
stated herein.
17. Waiver of Breach. A waiver by either party hereto of a breach by the other party hereto of
any covenant or condition of this Agreement shall not impair the right of the party not in default to
avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist
upon strict performance of any agreement, covenant or condition of this Agreement, or to exercise
any right herein given in any one or more instances, shall not be construed as a waiver or
relinquishment of any such agreement, covenant, condition or right.
18. Termination. Either party may terminate this Agreement at any time, with or without
cause, by providing the other party with written notice of termination ten (10) calendar days prior to
the termination date. .
19. Severability. If any portion of this Agreement is changed per mutual agreement or any
portion is held invalid, the remainder of the Agreement shall remain in full force and effect.
20. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and
sent or hand delivered to the parties to their addresses as follows:
0 TO CITY: Doug Mayo, P.E.
2220.East Viola _
Yakima, WA 98901
TO CORPORATION: Craig W. Molander
• Senior Vice- President, Business Development •
Surdex Corporation
520 Spirit of St. Louis Blvd.
Chesterfield, MO 63005
or to such other addresses as the parties may hereafter designate in writing. Notices and /or
demands shall be sent by registered or certified mail, postage prepaid, or hand delivered. Such
notices shall be deemed effective when mailed or hand delivered at the addresses specified
above.
21. Third Parties. The City and the Corporation are the only parties to this Agreement and are
the only parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to give,
or shall be construed to give or provide any right or benefit, whether directly or indirectly or
otherwise, to third persons.
22. Drafting of Agreement. Both the City and the Corporation have participated in the drafting
of this Agreement. As such, it is agreed by the parties that the general contract rule of law that
0 ambiguities within a contract shall be construed against the drafter of a contract shall have no
application to any legal proceeding, arbitration and /or action in which this Agreement and its terms
and conditions are being interpreted and /or enforced.
•
23. Integration. This written document constitutes the entire Agreement between the City and
the Corporation. There are no other oral or written agreements between the parties as to the
subjects covered herein. No changes or additions to this Agreement shall be valid or binding upon
either party unless such change or addition be in writing and executed by both parties.
24. Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of the State of Washington.
25. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the
Superior Court of Washington for Yakima County, Washington.
26. Counterparts. This Agreement may be executed in one or more counterparts, each of
which shall be deemed an original, but all of which shall constitute one and the same Agreement.
__
CITY OF YAKIMA Surdex Corporation
By: By:
R. A. Zais, Jr., City Manager Craig W. Molander
Senior Vice President, Business Development
Date: Date:
ATTEST:
City Clerk
City Contract No.
City Resolution No:
•
• Exhibit A
Scope of Work - Specifications
1. Area of Interest. The following graphic portrays the area of interest to be covered by
LiDAR data collection and data processing. The coverage involves approximately 83.8 square
miles of area.
Yakima City Area of Interest
(PLSS Sections Annotated as Township- Range - Section)
13-17 -2 13-17 -1 13-18 -6 13-18-5 13-18 -4 13-18-3 13 -18-2 13-18 -1 13 -19 -6 13.19.5 13-19 -4 1319-3 13-19 -2 1 19-1
13 -17 -11 13-17 -12 1 3-18-7 13-18 -8 13 -18 -9 13-18 -10 13-18-11 13-18-12 13 -19-7 13-19-8 13-19-9 13 -19-10 131911
' rultVdte
•
13-17 -14 13-17 -13 13-18 -18 13-18 -17 13 -18-16 13-18-15 13 -18-14 13-18-13 13-19-18 13-19 -17 13-19-16 13-19-15 13-19-14
Yakima
13-17 -23 13 -17 -24 1318 -19 13-18-20 13-18 -21 13-18 -22 13-18 -23 13-18 -24 9 1319 -19 13-19-20 131921 13-19-22 13 -19-23
South Broadway
•
13-17 -26 13 -17 -25 13-18 -30 13-18 -29 13-18 -28 13-18 -27 13-18 -26 13-18.25 13-19-30 13-19-29 13-19-28 13 -19-27 13-19-26
• 13-17 -35 13-17-36 1
31 - 736 }18-31 13- 18 -32 1 }18-33 131836��13i &36 13-18-36 13 -1931 1 3-1932 13-1933 13-19-34 13-19-35
L � h
Ah /an ^ a Union ap
12-17 12 -17 -2 12 -17 -1 ''2 -18 -6 12 -18-5 12 -18 -4 12 -183 12 -18-2 12 -18-1 12 -19-6 02 -19-5 12 -19 -4 12 -19-3 12 -19-2
Niley City
12-17.1012 -17 -11 12 -17 -12 12 -18-7 12-18-8 12-18-9 12 -18 -10 12 -18-11 12 -18.12 12-19-7 12 -198 12-19-9 12 -19-10 12-19-1 1
12 -1 7- 1512 -17 -14 12 -17 -13 12 -18 -18 12 -18 -17 12 -18-16 12.18.15 12-18-14 12 -18-13 12 -19-18 I 12 -19-17 , 12 -19-16 12-19-15 12 -19-14
2. Government- Provided Data. In the event the City elects to have the Corporation generate
2' contours, the City shall provide the imagery and metadata required for use in breakline and spot
height development. Specifically, the City will provide:
a. Scanned aerial photography acquired by the Washington Department of Transportation
(WADOT) in 2008 which cover the area of interest.
b. Aerotriangulation results associated with the imagery acquired by WADOT in a format to
be resolved with the Corporation after NTP.
c. Imagery resolution and data supplied by the City shall support the accuracy and
resolution required for 2' contour mapping.
3. Ground Survey. The government - provided data referenced in paragraph #2 will suffice for
ground control for the project. The Corporation, however, reserves the right to request further
ground control if accuracy requirements dictate it. Such ground control will be based on photo -
• identifiable points and will not require paneling prior to LiDAR acquisition.
4. LiDAR Data Acquisition. The Corporation shall collect and acquire LiDAR data at a
density, quality, and accuracy commensurate with creating a bare earth surface capable of
supporting the generation of 2' contours. Specific parameters include:
a. A LiDAR system shall be utilized that employs multiple - pulse -in- the -air (MPiA)
technology to maximize the point density at the determined flight altitude.
b. A LiDAR system shall be utilized that supports up to 4 returns per pulse.
c. Collection density shall average no more than a point every 2- meters in the area of
interest.
d. Adjacent flight lines shall overlap at least 30% to ensure capture.
e. The maximum possible pulse repetition rate shall be employed during acquisition.
f. Data shall be acquired during a period devoid of flooding and snow cover. The
Corporation shall coordinate the acquisition timeframe with the City and shall obtain
authorization to proceed.
g. Data shall be accurate to <13 cm vertically and <30cm horizontally, RMSE.
5. Bare Earth Data. The Corporation shall provide data reduced to bare earth. In addition:
a. The original data shall be provided in LAS format.
b. The classified data shall be provided in LAS format.
c. The final - processed bare earth data shall be provided in LAS format.
d. Tiling of data in LAS format shall be determined by the City and the Corporation after
NTP.
e. All data shall be supplied in the NAD83 /NAVD88 datum in the Washington State Plane
South projection in US Survey Foot units.
6. Reference Frames. All data shall be supplied in the NAD83 /NAVD88 datum in the
Washington State Plane South projection in US Survey Foot units. •
7. 2' Contours. The Corporation shall provide 2' contours for the area of interest that abide by
the accuracy and standards for ASPRS Class I contours. Additionally:
a. The City shall be responsible for supplying imagery and metadata as defined in
Paragraph 3 above. This data shall be used by the Corporation to collect 3D breaklines and
generation of spot height elevations.
b. If required, in areas of steep terrain the City and the Corporation shall determine an
alternate and suitable contour interval.
c. Data shall be provided in a format to be determined by the City and the Corporation after
NTP.
•
• Payment Schedule EXHIBIT B
1. Cost. Pricing for this work is as follows:
Item Cost
LiDAR acquisition and bare earth surface $30,906
Processing of LiDAR data to bare earth $9,000
2' Contours, ASPRS Class I $72,200
Contingency $23,894
Total Project Cost $136,000
2. Payment Schedule. Payments to the Corporation include:
a. Full payment for LiDAR acquisition at completion.
b. Full payment for the bare earth surface model at completion.
c. Full payment for 2' contours at completion of delivery.
3. Delivery Schedule. The delivery schedule for the project is as follows.
Item Delivery Date
S LiDAR acquisition <= 30 days after NTP
Processing of LiDAR data to bare earth <= 30 days after acquisition
2' Contours, ASPRS Class I <= 6 months after
completion of bare earth
delivery
NOTE: schedules for the bare earth and contouring tasks require government -
furnished data. Delays in the Corporation receiving the data from the City will
result in corresponding delays in the delivery dates.