HomeMy WebLinkAbout277725 VEXCEL CORPORATION - CONTRACT - RFP - P841 DIGITAL ORTHO PHOTOGRAPHY (3)SERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below by and between
THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to
as the "City" and Vexcel Corporation, hereinafter referred to as "Service Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by and
between the parties hereto as follows:
1. Scope of Services. The Service Provider agrees to provide Orthophotography and
Planimetric Data services in accordance with the scope of services attached hereto as Exhibit
"A", consisting of five (5) pages, and incorporated herein by this reference.
2. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated within five (5) days following execution of this
Agreement. Services shall be completed no later than sixteen (16) weeks after the initial flight
takes place. Time is of the essence. Any extensions of the time limit set forth above must be
agreed upon in a writing signed by the parties.
3. Delay. If either party is prevented in whole or in part from performing its
obligations by unforeseeable causes beyond its reasonable control and without its fault or
negligence, then the party so prevented shall be excused from whatever performance is
prevented by such cause. To the extent that the performance is actually prevented, the Service
Provider must provide written notice to the City of such condition within fifteen (15) days from
the onset of such condition.
4. Early Termination by City/Notice. Notwithstanding the time periods contained herein,
the City may terminate this Agreement at any time without cause by providing written notice of
termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days
m I - 01
go A,
WIN&MI
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Exhibit "B"
INSURANCE REQUIREMENTS
The Service Provider will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work
under this bid, the Service Provider shall furnish the City with certificates of insurance
showing the type, amount, class of operations covered, effective dates and date of
expiration of policies, and containing substantially the following statement"
"The insurance evidenced by this Certificate will not be cancelled or materially altered,
except after ten (10) days written notice has been received by the City of Fort Collins."
In case of the breach of any provision of the Insurance Requirements, the City, at its
option, may take out and maintain, at the expense of the Service Provider, such
insurance as the City may deem proper and may deduct the cost of such insurance from
any monies which may be due or become due the Service Provider under this
Agreement. The City, its officers, agents and employees shall be named as additional
insureds on the Service Provider's general liability and automobile liability insurance
policies for any claims arising out of work performed under this Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall
maintain during the life of this Agreement for all of the Service Provider's
employees engaged in work performed under this agreement:
Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain
during the life of this Agreement such commercial general liability and automobile
liability insurance as will provide coverage for damage claims of personal injury,
including accidental death, as well as for claims for property damage, which may
arise directly or indirectly from the performance of work under this Agreement.
Coverage for property damage shall be on a "broad form" basis. The amount of
insurance for each coverage, Commercial General and Vehicle, shall not be less
than $500,000 combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall be responsible
for any liability directly or indirectly arising out of the work performed under this Agreement by a
subcontractor, which liability is not covered by the subcontractor's insurance.
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Exhibit "C"
Cost Breakdown
Proposed Pricing: The tables below list detailed pricing information for the deliverables
required by the City. Please note that due to Vexcel's advanced proprietary mapping technology
the distribution of work hours might be different from traditional competitors who have to rely on
third party software and equipment.
Terms: Cost for aerial photography will be invoiced with acceptance of the photos. A
downpayment of 30% of the processing cost is expected to start work. The remaining balance
will be invoiced with acceptance of the deliverables. Payment terms are NET 30 days for all
invoices to the City. At no time will Vexcel extend a credit larger then $50,000 to the City.
Copyright Ownership: If Vexcel keeps copyrights to the delivered data, including aerial photos
and airborne GPS, we offer a general discount of 5% on all processing costs (does not include
cost of aerial photos). In addition Vexcel offers to the city a 30% share of all revenues from
resale of these products for the duration of two years.
the full obligation of this contract is due.
Cost Breakdown
Hours
Hourly
Proposed Cost
Rate
Aerial Photography Color
/
/
$7,000.00
Aerial Photography B/W
/
/
$5,000.00
Airborne GPS
$5,000.00
Ground Control Points
/
/
N/A
Film Scanning (color) and
Aerial triangulation
210.0
$85.0
$17,850.0
Digital Elevation Model/
60.00
$90.0c
$5,400.0
Digital Terrain Model
Ortho processing (color),
mosaicing, OC, formatting
80.00
$95.00
$7,600.0
creating deliverable media
Planimetric di itization
$50.00
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Options
Gra scale
Color
Update
2 Foot - Orthophotography—
+/-2 feet accuracy
$36,422.50
$42,850.00
$32,450.00
6-inch / pixel, color, b/w Included
3 Foot - Orthophotography-
+/- 3 teat accuracy
$31,832.50
$37,450.00
$32,450.00
6-inch / pixel, color, b/w Included,
5 Foot- Orthophotography-
+/- 5 feat accuracy
$27,582.50
$32,450.00
$32,450.00
6-inch / pixel, color, b/w Included
Planimetric Data
Cost per
Est. area
Proposed Cost
s . mile
s . miles
Building Footprints from 3D roof
$ 388.00
20
$ 7,760.00
outlines
Building Footprints from
$ 285.00
20
$ 5,700.00
orthophoto
Hydrology
$ 52.00
20
$ 1,040.00
Edge of Pavement
$233.001
20
$ 4,660.00
Driveways and Sidewalks
$375.001
20
$ 7,500.00
Additional Delivery Media
For additional media only!
Per CDROM
$50
Per DVD
$90
Per exabyte tape
$90
Per DLT tape
$250
PC -disk 80 GB capacity
$400
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prior to the termination date contained in said notice unless otherwise agreed in writing by the
parties. All notices provided under this Agreement shall be effective when mailed, postage
prepaid and sent to the following addresses:
City of Fort Collins: Service Provider:
City of Fort Collins Purchasing Vexcel Corporation
P. O. Box 580 4909 Nautilus Court
Fort Collins, CO 80522 Boulder, CO 80301
In the event of early termination by the City, the Service Provider shall be paid for services
rendered to the date of termination, subject only to the satisfactory performance of the Service
Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole
right and remedy for such termination.
5. Contract Sum. The City shall pay the Service provider for the performance of this
Contract, subject to additions and deletions provided herein, the sum of forty two thousand eight
hundred and fifty Dollars ($42,850). Cost Breakdown consisting of two (2) pages is attached as
Exhibit 'C".
6. City Representative. The City will designate, prior to commencement of the
work, its representative who shall make, within the scope of his or her authority, all necessary
and proper decisions with reference to the services provided under this agreement. All requests
concerning this agreement shall be directed to the City Representative.
7. Independent Service provider. The services to be performed by Service Provider
are those of an independent service provider and not of an employee of the City of Fort Collins.
The City shall not be responsible for withholding any portion of Service Provider's
compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or
benefits or for any other purpose.
8. Personal Services. It is understood that the City enters into the Agreement based on
the special abilities of the Service Provider and that this Agreement shall be considered as an
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agreement for personal services. Accordingly, the Service Provider shall neither assign any
responsibilities nor delegate any duties arising under the Agreement without the prior written
consent of the City.
9. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any
of the services shall not be construed to operate as a waiver of any rights or benefits provided to
the City under this Agreement or cause of action arising out of performance of this Agreement.
10. Warranty.
a. Service Provider warrants that all work performed hereunder shall be performed
with the highest degree of competence and care in accordance with accepted standards for
work of a similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment
incorporated into any work shall be new and, where not specified, of the most suitable grade of
their respective kinds for their intended use, and all workmanship shall be acceptable to City.
C. Service Provider warrants all equipment, materials, labor and other work,
provided under this Agreement, except City -furnished materials, equipment and labor, against
defects and nonconformances in design, materials and workmanshiptworkwomanship for a
period beginning with the start of the work and ending twelve (12) months from and after final
acceptance under the Agreement, regardless whether the same were furnished or performed by
Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from
City of any such defect or nonconformances, the affected item or part thereof shall be
redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to
City.
11. Default. Each and every term and condition hereof shall be deemed to be a
material element of this Agreement. In the event either parry should fail or refuse to perform
according to the terms of this agreement, such parry may be declared in default thereof.
12. Remedies. In the event a party has been declared in default, such defaulting parry
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shall be allowed a period of ten (10) days within which to cure said default. In the event the
default remains uncorrected, the parry declaring default may elect to:
a. Terminate the Agreement and seek damages;
b. Treat the Agreement as continuing and require specific performance; or
C. Avail himself of any other remedy at law or equity. If the non -defaulting party
commences legal or equitable actions against the defaulting parry, the defaulting party shall be
liable to the non -defaulting party for the non -defaulting partys reasonable attorney fees and
costs incurred because of the default.
13. Bindina Effect. This writing, together with the exhibits hereto, constitutes the
entire agreement between the parties and shall be binding upon said parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs,
personal representatives, successors and assigns of said parties.
14. Indemnity/Insurance.
a. The Service Provider agrees to indemnify and save harmless the City, its
officers, agents and employees against and from any and all actions, suits, claims, demands or
liability of any character whatsoever brought or asserted for injuries to or death of any person or
persons, or damages to property arising out of, result from or occurring in connection with the
performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
C. Without limiting any of the Service Provider's obligations hereunder, the Service
Provider shall provide and maintain insurance coverage naming the City as an additional
insured under this Agreement of the type and with the limits specified within Exhibit B,
consisting of one (1) page, attached hereto and incorporated herein by this reference. The
Service Provider before commencing services hereunder, shall deliver to the City's Director of
Purchasing and Risk Management, P. O Box 580, Fort Collins, Colorado, 80522, one copy of a
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certificate evidencing the insurance coverage required from an insurance company acceptable
to the City.
15. Entire Acreement. This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
16. Law/Severability. The laws of the State of Colorado shall govern the construction
interpretation, execution and enforcement of this Agreement. In the event any provision of this
Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such
holding shall not invalidate or render -unenforceable any other provision of this Agreement.
THE CITY OF FORT COLLINS, COLORADO
By:
Jbfin F. Fischbach
City Manager
B
J es B. O'Neill II, CPPO, FNIGP
Direct0 of Purchasing )& Risk Management
DATE:
Vexcel C oration C
By: l
P9
Title: J9, e C EO
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: /�> — //
ATTEST:
(Corporate Seal)
Corporate Secretary
__1
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Exhibit "A"
P-841
Contractor for Digital or Orthophotography & Plainmetric Data
Aerial Photography Project
The City of Fort Collins is contracting with Vexcel to obtain digital orthophotography in
the Fall of 2002.
The last flight and data collection was performed in the Spring of 1999. Currently, the
City is in need of updated orthophotography because of the growth and development
that has occurred in Fort Collins since then. This year we are in a position to update
our orthophotography and our DTM only. The following indicates what will be needed.
Flight and Photography:
1. At the beginning of the project, a first payment of 30% of the cost of the project will
be submitted by the City to Vexcel.
2. Approximately eighteen (18) check points will be targeted by the City survey crew
that were the same points targeted in the 1999 flight. These will be used with
airborne GPS for ground control.
3. Two (2) GPS receivers with the appropriate accuracy for this project shall be on the
ground collecting while the plane is in flight. City survey crews will be available to
assist in terms of man-hours or equipment, if needed, for any portion of this.
4. The GPS collection shall be in State Plane Coordinate System NAD83 and NGVD29.
5. Vexcel shall submit an appropriate amount of photo visible points as a post -flight
ground control check performed by City survey crews.
6. The film shall be in color.
7. 1" = 833' shall be the color negative scale. Or the flight shall be low enough to
generate orthophotos appropriate for 1" = 100' scale mapping under National Map
Accuracy Standards.
8. Project must adhere to FAA and CAB safety regulations
9. Current USGS camera calibration report shall be submitted meeting specifications
for focal length (153 mm, +/- 3.0).
10. Film used shall be the highest grade appropriate for this project
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11. Forward lap of film shall be 60%
12. Side lap of film shall be 30%
13. Number of flight lines and exposures shall be the appropriate amount to cover
designated collection area indicated in the attached map, and also to accommodate
the designated amount of side lap and end lap on each exposure.
14. All flight lines shall be straight and parallel and individual exposures shall meet tip, tilt
and crab standards.
15. Photography format mapping shall be stereo model centered.
16. Time of flight shall be during a time of optimal sun angle for fall conditions, and under
optimal weather conditions when there is a minimum amount of wind, cloud cover,
and ground surface obstruction, such as snow, tree foliage, or blowing dust.
17. Time of flight shall be when there are at least five (5) GPS transmitting satellites
visible to the GPS receiver with a PDOP of less than five (5), or a number of
satellites and PDOP determined appropriate for this project.
18. Vexcel shall be responsible for the care of film and GPS data after the flight until
otherwise instructed by the City. The City remains owner of these products.
19. Each exposure shall be labeled appropriately with the date, scale, and flight line
number and exposure number.
Film Processing, Orthorectification and Data Collection:
20. The negatives and not the diapositives shall be scanned, N possible, to minimize
using a second generation product. The scan resolution shall conform to create haff-
foot pixel size orthophotography that meets or exceeds National Map Accuracy
Standards for 1" = 100' mapping.
21. Vexcel will be responsible for notifying the City in the event that the film exposures
are not of good quality for whatever reason and will also be responsible for a new
flight and the cost associated with that. If the film exposures are acceptable, then
the City will submit the second payment of another 30% of the total project cost.
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22. The City shall evaluate the film scan quality, orthophotography ground accuracy,
mosaic and color shading quality before final delivery and acceptance.
23. A digital file of the flight lines, exposure center point locations collected using GPS,
and ground control points shall be submitted upon completion in an Arc/INFO or
ArcView format.
24. The photography shall be orthorectified using a new DTM from Vexcel. The original
DTM from the 1999 collection may be used when appropriate. Changed areas
(designated and submitted by the City) will be updated with Vexcel's software. New
DEM files shall be submitted in ESRI ASCII format that will include the updated
areas by quartersection. For each quartersection there shall be a mass points file
and a breakline file that overlaps the adjoining quartersection.
25. The photography should be orthorectified and shall conform to NMAS of 1" = 100,
mapping.
26. A sample mosaic image and sample mass points and breaklines shall be submitted
to the City for evaluation and approval before final delivery.
27. One image file of the whole area indicated on the attached map shall be submitted in
LizardTech's SID/SDW format to be used in ESRI ArcMap software. Any color
banding or shading shall be smoothed out systematically to create a seamless image
of the whole project area. The image shall be color half -foot pixel size and be
accurate for 1" = 100'mapping under National Map Accuracy Standards.
28. Another set of images by quartersection shall be created in TIF/TFW format to use in
AutoCAD. The delivery of that set shall be on an external Windows compatible hard
drive that the City will purchase.
29. The City will submit any data to Vexcel that is needed for this project such as our DTM
or DEM from 1999, original orthophotography files, other GIS vector coverages or
shapefiles to assist in creating this new information.
Deliverables:
1. Sample image, mass points and breaklines for the City to evaluate and approve before
final delivery and acceptance.
2. LizardTech SID/SDW format image that is in color and has half -foot pixels of the
designated area to be used easily and seamlessly in ESRI ArcMap software.
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3. A set of TIF/T'FW format images sized by quartersection to use in AutoCAD.
4. Updated Mass points and breakline files from the original 1999 collection for each
quartersection in the project area that will include overlap. This will be used to create
an ESRI format TIN file and ultimately two -foot contours.
5. Shapefile or coverage of the flight lines, photo centers, and ground control points.
The last payment for the balance of the project cost will be paid upon the City's
acceptance of all the delivered items listed above.
Project Schedule:
Octobe
r
November
December Januar
Februa
Meeting with GIS Engineers and City
Planners
Flight Planning
Ground Control Planning
Aerial Photography/Flying/Weather
Permitting
Delay due Mason Street processing
Film Scanning Entire City, 220photos)
Photo rammetric Setup Entire City)
DEM Model Entire City)
Orthorectification Entire City)
Final write to Media and Delivery
Any changes to the schedule or specifications must be negotiated with and agreed to by
both parties. The City's project manager for the aerial photography is Katy Carpenter,
970-416-2048. Vexcel's project manager is Wolfgang Walcher, 303-583-0277.
Area of Data Collection and Flight Area
On the map attached titled "City Of Fort Collins, Larimer County, Colorado Aerial Photography
Flight Spring 1999', the dotted line indicates the area of data collection. The same area is to be
collected for this current flight as it was done in 1999. Flight lines should be routed in this area
accordingly. More particularly the boundary is described as starting at the corner of County
Road 5 and County Road 30, then west 9 miles, then north to the southern tip of Horsetooth
Reservoir, then approximately through the reservoir to the northern tip continuing in that
direction until Willox Ln., then straight north to County Road 54, then east for 11 miles to'h mile
east of County Road 5, then straight south to where W. Horsetooth Road would extend, then 1h
mile west to County Road 5, then straight south to County Road 30 (or 1 mile south of County
Road 32) and the POB.
0