HomeMy WebLinkAbout5.784 Original Contract
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AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE
THE CITY OF PORT ANGELES
AND
David C. Smith & Associates
RELATING TO: Aerial Mapping 2006
THIS AGREEMENT is made and entered into this I~ay of ~1AJ:1 ,2006, by
and between THE CITY OF PORT ANGELES, a non-charter code CifYof the State of Washington,
(hereinafter called the "CITY") and DAVID c. Smith & Associate, Inc. located at 1734 S.E. Tacoma,
Portland, Oregon 97202 (hereinafter called the "CONSULTANT").
WHEREAS, the CITY desires to have aerial mapping and control surveying done, and
WHEREAS, the CITY desires to engage the professional services and assistance of a qualified
consulting firm to perform the scope of work as detailed in Exhibit A, and
WHEREAS, the CONSULT ANT represents that it is in full compliance with the statutes of the State of
Washington for professional registration and/or other applicable requirements, and
WHEREAS, the CONSULTANT represents that it has the background, experience, and ability to
perform the required work in accordance with the standards of the profession, and
WHEREAS, the CONSULTANT represents that it will provide qualified personnel and appropriate
facilities necessary to accomplish the work;
NOW, THEREFORE, in consideration of the above representations and the terms, conditions, covenants
and agreements set forth below, the parties hereto agree as follows:
I SCOPE OF WOR~
The scope of professional services to be performed and the results to be achieved by the
CONSULTANT shall be as detailed in the attached Exhibit A and shall include all services and material
necessary to accomplish the work.
The CITY may review the CONSULTANT'S work product, and if it is not satisfactory, the
CONSULT ANT shall make such changes as may be required by the CITY. Such changes shall not
constitute "Extra Work" as related in Section XI of this Agreement.
The CONSULT ANT agrees that all services performed under this Agreement shall be in accordance
with the standards of the profession and in compliance with applicable federal, state and local laws.
The Scope of Work may be amended upon written approval of both parties.
II OWNERSHIP OF DOCUMENTS
Upon completion of the work, all documents, exhibits, photographic negatives, or other presentations of
the work shall become the property of the CITY for use without restriction and without representation as
to suitability for reuse by any other party unless specifically verified or adapted by the CONSULTANT.
However, any alteration of the documents, by the City or by others acting through or on behalf of the
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City, will be at the City's sole risk.
III DESIGNATION OF REPRESENTATIVES
Each party shall designate its representatives in writing. The CONSULTANT'S representative shall be
subject to the approval of the CITY.
IV TIME OF PERFORMANCE
The CONSULTANT may begin work upon execution of this Agreement by both parties. The work
shall be completed in accordance with the schedule set forth in the attached Exhibit D.
V PAYMENT
The CITY shall pay the CONSULTANT as set forth in this section of the Agreement. Such payment
shall be full compensation for work performed, services rendered, and all labor, materials, supplies,
equipment and incidentals necessary to complete the work.
A. Payment shall be on the basis of the CONSULT ANT'S cost for actual labor, overhead and profit
plus CONSULT ANT'S direct non-salary reimbursable costs as set forth in the attached Exhibits B
and C, respectively.
1. Labor costs shall be based on the hourly rates shown in Exhibit B and C.
General clerical time shall be considered an overhead item, except where specific work items
are involved that require one hour or more continued effort, in which case time will be charged
on the basis of hours worked.
2. The direct non-salary reimbursable costs are those directly incurred in fulfilling the terms of this
Agreement, including, but not limited to, travel, subsistence, telephone, CADD computer,
reproduction and printing, supplies and fees of outside services and consultants.
B. The CONSULT ANT shall submit invoices to the CITY on a monthly basis. Invoices shall detail
the work, hours, employee name, and hourly rate; shall itemize with receipts and invoices the non-
salary direct costs; shall indicate the specific task or activity in the Scope of Work to which the
costs are related; and shall indicate the cumulative total for each task.
C. The CITY shall review the invoices and make payment for the percentage of the project that has
been completed less the amounts previously paid.
D. The CONSULTANT invoices are due and payable within 30 days of receipt. In the event of a
disputed billing, only the disputed portion will be withheld from payment.
E. Final payment for the balance due to the CONSULT ANT will be made upon the completion of the
work and acceptance by the CITY.
F. Payment for "Extra Work" performed under Section XI of this Agreement shall be as agreed to by
the parties in writing.
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VI MAXIMUM COMPENSATION
Unless otherwise agreed to in writing by both parties, the CONSULT ANT agrees to fully perform and
complete all work and obligations pursuant to this agreement for a total compensation and
reimbursement, including labor, direct non-salary reimbursable costs and outside services, not to exceed
the maximum sum of $161,000.00.
VII EMPLOYMENT
Employees of the CONSULT ANT, while engaged in the performance of any work or services under this
Agreement, shall be considered employees of the CONSULTANT only and not ofthe CITY, and claims
that may arise under the Workman's Compensation Act on behalf of said employees while so engaged,
and any and all claims made by a third party as a consequence of any negligent act or omission on the
part of the CONSULT ANT'S employees while so engaged, on any of the work or services provided to
be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT.
In performing this Agreement, the CONSULTANT shall not employ or contract with any CITY
employee without the City's written consent.
VIII NONDISCRIMINATION
The CONSULTANT shall conduct its business in a manner, which assures fair, equal and non-
discriminatory treatment of all persons, without respect to race, creed or national origin, or other legally
protected classification and, in particular:
A. The CONSULTANT shall maintain open hiring and employment practices and will welcome
applications for employment in all positions, from qualified individuals who are members of
minorities protected by federal equal opportunity/affirmative action requirements; and,
B. The CONSULTANT shall comply with all requirements of applicable federal, state or local laws or
regulations issued pursuant thereto, relating to the establishment of non discriminatory requirements
in hiring and employment practices and assuring the service of all persons without discrimination as
to any person's race, color, religion, sex, Vietnam era veteran status, disabled veteran condition,
physical or mental handicap, or national origin.
IX SUBCONTRACTS
A. The CONSULTANT shall not sublet or assign any of the work covered by this Agreement without
the written consent of the CITY.
B. The CONSULTANT will be using the firms submitted with its proposal as subcontractors.
Subcontractors other than those listed shall not be permitted without the written consent of the
CITY.
C. In all solicitation either by competitive bidding or negotiation made by the CONSULTANT for
work to be performed pursuant to a subcontract, including procurement of materials and equipment,
each potential subconsultant or supplier shall be notified by the CONSULT ANT of Consultant's
obligations under this Agreement, including the nondiscrimination requirements.
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X CHANGES IN WORK
Other than changes directed by the CITY as set forth in Section I above, either party may request
changes in the scope of work. Such changes shall not become part of this Agreement unless and until
mutually agreed upon and incorporated herein by written amendments to this Agreement executed by
both parties.
XI EXTRA WORK
The CITY may desire to have the CONSULT ANT perform work or render services in connection with
this project, in addition to the Scope of Work set forth in Exhibit A and minor revisions to satisfactorily
completed work. Such work shall be considered as "Extra Work" and shall be addressed in a written
supplement to this Agreement. The CITY shall not be responsible for paying for such extra work unless
and until the written supplement is executed by both parties.
XII TERMINATION OF AGREEMENT
A. The CITY may terminate this Agreement at any time upon not less than ten (10) days written notice
to the CONSULTANT. Written notice will be by certified mail sent to the consultant's designated
representative at the address provided by the CONSULTANT.
B. In the event this Agreement is terminated prior to the completion of the work, a final payment shall
be made to the CONSULTANT, which, when added to any payments previously made, shall
compensate the CONSULTANT for the percentage of work completed.
C. In the event this Agreement is terminated prior to completion of the work, documents that are the
property of the CITY pursuant to Section II above, shall be delivered to and received by the CITY
prior to transmittal of final payment to the CONSULTANT.
XIII INDEMNIFICATIONIHOLD HARMLESS
The CONSULT ANT agrees to indemnify the CITY from any claims, damages, losses, and costs,
including, but not limited to, attorney's fees and litigation costs, arising out of claims by third parties for
property damage and bodily injury, including death, caused solely by the negligence or willful
misconduct of the CONSULTANT, CONSULTANT employees, affiliated corporations, officers, and
subcontractors in connection with the work performed under this Agreement.
The CITY agrees to indemnify the CONSULT ANT from any claims, damages, losses, and costs,
including, but not limited to, attorney's fees and litigation costs, arising out of claims by third parties for
property damage and bodily injury, including death, caused solely by the negligence or willful
misconduct of the CITY, CITY's employees, or agents in connection with the work performed under this
Agreement.
If the negligence or willful misconduct of both CONSULTANT and CITY (or a person identified above
for whom each is liable) is a cause of such damage or injury, the loss, cost, or expense shall be shared
between the CONSULT ANT and the CITY in proportion to their relative degrees of negligence or
N:\PROJECTS\06-03 Aenal Mappmg\Agreernents\AGREEMNT DOC 4
willful misconduct and the right of indemnity shall apply for such proportion.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,
then, in the event of liability for damages arising out of bodily injury to persons or damages to property
caused by or resulting from the concurrent negligence of the CONSULT ANT and the CITY, its officers,
officials, employees, and volunteers, the CONSULTANT'S liability hereunder shall be only to the extent
of the CONSULTANT'S negligence. It is further specifically and expressly understood that the
indemnification provided herein constitutes the CONSULT ANT'S waiver of immunity under Industrial
Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been
mutually negotiated by the parties. The provisions of this section shall survive the expiration or
termination of this Agreement. However, the CONSULTANT expressly reserves its rights as a third
person set forth in RCW 51.24.035.
XIV INSURANCE
The CONSULTANT shall procure and maintain for the duration of the Agreement, insurance against
claims for injuries to persons or damage to property which may arise from or in connection with the
performance of the work hereunder by the CONSULTANT, its agents, representatives, employees or
subcontractors.
The CONSULTANT shall provide a Certificate of Insurance evidencing:
1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per
accident for bodily injury and property damage; and,
2. Commercial General Liability insurance written on an occurrence basis with limits no less than
$1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily
injury and property damage. Coverage shall include but not be limited to: blanket contractual;
products/completed operations; broad form property damage; explosion, collapse and underground
(XCU) if applicable; and employer's liability; and,
3. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence.
Any payment of deductible or self insured retention shall be the sole responsibility of the
CONSULTANT.
The CITY shall be named as an additional insured on the Commercial General Liability insurance
policy, as respects work performed by or on behalf of the Consultant and a copy of the endorsement
naming the CITY as additional insured shall be attached to the Certificate of Insurance. The CITY
reserves the right to review a certified copy of all required insurance policies in the CONSULT ANT's
office.
The CONSULT ANT'S insurance shall contain a clause stating that coverage shall apply separately to
each insured against whom claim is made or suit is brought, except with respects to the limits of the
insurer's liability.
The CONSULTANT'S insurance shall be primary insurance as respects the CITY, and the CITY shall
be given thirty (30) days prior written notice of any cancellation, suspension or material change in
coverage.
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XV APPLICABLE LAW
This Agreement shall be construed and interpreted in accordance with the laws of the State of
Washington, and in the event of dispute the venue of any litigation brought hereunder shall be Clallam
County.
XVI EXHIBITS AND SIGNATURES
This Agreement, including its exhibits, constitutes the entire Agreement, supersedes all prior written or
oral understandings, and may only be changed by a written amendment executed by both parties. The
following exhibits are hereby made a part of this Agreement:
Exhibit A - Scope of Work
Exhibit B - Consultant Labor Costs
Exhibit C - Non-salary Reimbursable Costs
Exhibit D - Schedule for the Work
Exhibit E - Area to Map
In WITNESS THEREOF, the parties hereto have executed this Agreement as of the day and year first
written above. /
DAVID C. SMITH & ASSOCIATES
viAJj) ~
- -
TITLE: tfJGf. fP-ffIPf;r
CITY 0 .PORT ANGELES
MAYOR
APPR~VED AS TO F~RM~
1/~ ~~
WILL~OOR, CITY~TORNEY
ATTEST:
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EXHIBIT A - SCOPE OF WORK AND BUDGET
SCOPE OF WORK
1. Aerial Photography, 1 "==500' Flight: The aerial photography task will consist of two separate
flight missions. Air-borne GPS controlled, 6" focal length, stereo coverage color aerial
photography at a 1 "==500' photo scale will be obtained to cover the entire project area as
delineated on the project map presented in Exhibit E. The purpose of this flight will be for
overall control, 6" pixel orthophotos of selected map sheets and mapping updates of selected
areas. Photography will be attained on a suitable day with full sun or uniform, high thin
overcast and is not restricted to shadowless conditions.
All flight layout, project design, aerial photography, control and subsequent processing for
this flight is to be designed to provide accuracies and mapping updates consistent with the
1995 and 2000 mapping projects. Aerotriangulation will be performed to extend the ground
control and air-borne GPS control for full control ofthe entire project area and 1 "==500'
stereo-coverage flight.
2. Aerial Photography, 1 "=200' Flight: Stereo coverage, 12" focal length, color aerial
photography at a 1 "=200' photo scale will be obtained for the selected portion ofthe project
area delineated on the Exhibit E project map as the 2 inch pixel area. The purpose of this
flight will be the production of high resolution, 0.17' pixel (2" pixel) orthophotos ofthe 2"
pixel priority area. If feasible, this flight will be attained under full overcast, uniform
lighting conditions that will allow for high quality shadowless photography. If weather and
schedule do not permit this flight within an accepted time frame, the flight will be attained
under high sun, high thin overcast or other lighting conditions as directed by the City. The
City's intent for this flight is to minimize shadows and obscured ground.
Aerotriangulation ofthe 1 "=200' scale flight will be performed to extend control from the
1 "==500' flight for full control of the high resolution photography over extents ofthe 2" pixel
priority area.
3. Ground Control: Existing ground control points from the City's 1995 and 2000 aerial
mapping projects which have not been destroyed or obstructed will be located and
premarked. Approximately 30 existing points will be premarked. For the 1 "=500'
control flight, air-borne GPS control consisting of an x,y,z photo center coordinate for
each photo exposure will be established using a survey grade GPS receiver in the air-
plane tied to one or more GPS base stations located at known, existing ground control
points. No new ground control points are to be established for this project. All control
required for the 1 "=200' high resolution orthophoto flight will be transferred from the
1 "=500' control flight. Air-borne GPS coordinates will not be collected for the 1 "=200'
scale flight.
4. TIN preparation and DTM repair: The most current set of City's existing 2' contour polyline
sheets and 2' contour Digital Terrain Model sheets will be integrated and used to develop
a Triangulated Irregular Network (TIN) as needed to support the orthophoto rectification
EXHIBIT A - SCOPE OF WORK PAGE 1
task. Any new contour updates will also be incorporated into the overall TIN. In areas
where detailed contour updates are not to be performed under this contract, localized
DTM updates to the TIN may be required if the terrain has changed significantly and if
this change results in a visible shift or other problem with the orthophoto. TIN updates
included in this task will be limited to only those corrections needed to support
orthophoto rectification and will not include comprehensive updates to vertical accuracy
standards.
5. 6" Pixel Digital Orthophotos: OS pixel color digital orthophotos will be produced for the 89
map sheets delineated on the project map in Exhibit E. Imagery will be rectified to the
TIN developed in Task 4 and will be color balanced for even color and seamlessly
mosaiced to minimize visible join lines between photo exposures.
6. 2" Pixel Digital Orthophotos: 0.17' pixel color digital orthophotos will be produced to cover
the 2" pixel project area delineated on the project map in Exhibit E. Imagery will be
rectified to the TIN developed in Task 4 and will be color balanced for even color and
seamlessly mosaiced to minimize visible join lines between photo exposures.
7. ' Low Tide Shoreline: The low tide shoreline will be digitized as a polyline at elevation for the
extents of the project area, using the 1 "=500' overall control photography. Flight
planning will consider tide factors such that shoreline flights are attained during low tide
periods on the day of the flight.
8. Overall Digital Color Mosaic: Separate, high altitude color photography will be obtained and
scanned to produce an overall color digital mosaic. The mosaic will be geo-referenced to
the control and fit to an average overall scale. Print scale and area will be consistent with
the previous color mosaic produced from the 1995 and 2000 photography.
9. Oblique Photography: A hand-held, medium format camera will be used to obtain several
different oblique photo views of the City, meeting City criteria for different scenarios. A
proof sheet will be provided to the City to allow the City to select which oblique shots to
process for enlargements or other photo products.
10. Contour Update Sheets: Existing contour data will be updated to current conditions for the
areas delineated on the project map in Exhibit E. Updates will tie exactly to existing data
and allow for delivery of a final, overall City-wide contour coverage incorporating
existing contours and the new updates. Updates will be done using the most efficient
approach. For areas of major change over a large area, Digital Terrain Model (DTM)
methods will be used. For localized change over smaller areas, contour lines will be
directly edited to reflect the change. All updates will be consistent in accuracy and
quality with the 1995 and 2000 data sets.
11. Join and Clean Existing Contour Data: A final City-wide contour coverage will be prepared
by integrating any new contour updates with the existing City contour data set. The
updated City-wide coverage will be processed using batch join routines to join all lines
and eliminate all breaks across grid sheets so that each contour line is continuous across
the project area.
EXHIBIT A - SCOPE OF WORK PAGE 2
12. Provide City Wide DEM: The City's existing data set, including updated contour areas and
DTM data where available, will be combined and used to produce a City-wide DEM to
City specifications for grid size. Available delivery formats include shape file,
geodatabase, any AutoCAD format or any ASCII format.
13. Power Pole Update for New Annexation Area: New/updated power pole locations will be
stereo-digitized for the new annexation area.
14. Downtown Building Height DTM: A DTM will be prepared to include both ground and
building height breaklines for two map sheets in the downtown area.
15. Scanned Aerial Negatives: Scanned images will be prepared to City specifications for
format, crop area and nominal/approximate pixel resolution for areas not ortho rectified.
EXHIBIT A - SCOPE OF WORK PAGE 3
CITY OF PORT ANGELES COST INFORMATION FOR UPCOMING AERIAL
MAPPING PROJECT
1. 1 "=500' photography, scanning and aerotriangulation
2. 1 "=200' photography, scanning and aerotriangulation
3. ground control or photo control
4. tin preparation and contingency DTM repair
5. 6" pixel orthophotos for 89 sheets
6. 2" pixel orthophotos for 84 partial sheets
a. resampled resolution images
7. low tide shoreTine
8. mosaic photography and first print 40"x60"
8a. 2 additional mosaic prints
9. oblique photography through proof sheet
9a. enlargements of oblique photography
10. Updated map sheets contours only 50 sheets
11. Join and clean existing contour data
12. Provide city wide DEM based on existing data
13. power pole update new annexation area
14. Downtown building height dtm/dem
15. Scanned aerial negatives for sheets not ortho rectified
$21,950.00
$31,775.00
$3,000.00
$6,300.00
$10,150.00
$35,310.00
$1,000.00
$950.00
$4,060.00
$300.00
$400.00
$650.00
$23,500.00
$6,000.00
$500.00
$600.00
$1,100.00
$620.00
Total $148,165.00
EXHIBIT B
CONSULTANT LABOR COSTS
David C. Smith & Associates, Inc.
1. Stereodigitizing and Aerotriangulation $71.00/Hour
2. Data Processing/CADD/Orthorectification $66.00/Hour
3. Certified Photogrammetrist $83.00/Hour
4. Outside Services/Subconsultants Cost + 1.6%
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eng er urveylng an appmg, urvey u consu tan
1. Two (2) Person Field Crew $120.00/Hour
2. Survey Technician $60.00/Hour
3. Professional Land Surveyor $90.00/Hour
4. GPS Technician $60.00/Hour
5. Office Administration $25.00/Hour
* Note: Survey subconsultant services will be billed as an outside service according to
the cost table in Exhibit C.
EXHIBIT C
NON-SALARY REIMBURSABLE COSTS
David C. Smith & Associates, Inc.
1. Materials Cost + 1.6%
2. Outside Services - Cost + 1.6%
Aerial photography, survey services, color diapositives for
scanning and hardcopy diqital prints
3. Photo Lab Reproductions See Attached Cost
Tables
3. Batch Processing $1D.DD/Hour
Wengler Surveying and Mapping
1. Materials Cost
2. Monuments Cost
EXHIBIT C
REIMBURSABLE COSTS
PHOTO LAB REPRODUCTIONS
CONTACT PRINTS 10" x 10" UNTRIMMED
NO. WASH COLOR
TOTAL
1 40.00
2 44.00
3 4800
4 52.00
5 56.00
6 60.00
7 65.00
8 6900
9 73.00
10 76.00
Each Per Order
11 - 100 4.00 36.00
101 - 200 3.60 41.00
201 + 3.35 4600
Wpdocs\forms\contact prints. xis
PHOTO COLOR ENLARGEMENTS
SIZE FIRST ADD'L
8 x 10 54.00 10.00
8.5 x 11 55.00 11.00
10 x 10 55.00 11 00
11 x 14 60.00 1400
16 x 20 7500 23.00
20 x 20 82.00 27.00
20 x 24 90.00 3000
24 x 24 9800 3500
24 x 30 112 00 42.00
24 x 36 125.00 51.00
30 x 30 128.00 51.00
30 X 40 155 00 6700
36 X 36 165.00 72.00
40 X 40 192.00 87.00
40 X 50 230.00 107.00
40 X 60 266.00 127.00
Use next larger size
Negative Scanning $15.00 each
Wpdocs\forms\color enlargements. xis
EXHIBIT D - SCHEDULE FOR THE WORK
The following chart outlines what we anticipate as the general flow of the project. We will coordinate our schedule
with the City throughout the project and will remain flexible in accelerating specific tasks to meet special deadlines
or to accommodate priority areas. The orthophoto schedule is somewhat dependant on when we are able to obtain
the 1"=200' shadowless photography.
June
July
Aug.
2006
Sept.
Oct.
Nov.
Dec.
2006
TASKS
Project Setup and Review of
Existin Surve Control & Data
Premark Ground Control
.
Aerial Photo
Aerial Photo
1"=200'
1"=500'
Contact Prints, Photo Index 1"=500'
fIi ht
Aerotrian ulation
Stereo Digitizing New Map Sheet
U dates
Di ital Ortho hotos
--------
---
First Ortho hoto for Ci Review
Deliver Final Ortho hotos and Ma
David C. Smith & Associates, Inc.
Exhibit D - Project Schedule
,
.
<<
Area to be re-contoured
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nd or SIX Inch C1xels
h pixels 60 gnds / two and SIX Inch pixels 24 gnds / SIX Inch pixels 51 gnds) 19Q
nzontal oosltlon only 19R
oto orocesslna) 195
19T
19U
19V
EXHIBIT E
City of Port Angeles 2006
Aenal ands with two Inch C1xels a
~ Totalgnds 135 (twOlnC
Aenal ands with SIX Inch C1xels ho
~ Total gnds 6
Aenal ands neaaliyes only (no oh
[:J Total gnds 31
Area of 2 Inch olxels
~
"
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