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Res 1589 - Agrmt 3Di Photo Serv COUNCIL BILL NO. 2050 RESOLUTION NO. 1589 A RESOLUTION ENTERING INTO AN AGREEMENT WITH 3Di, LLC, TO PROVIDE PHOTOGRAMMETRIC SERVICES AND AUTHORIZING THE MAYOR TO SIGN SUCH AGREEMENT. WHEREAS, the City of Woodburn completed a Request for Proposal (RFP) process to receive proposals for photogrammetric services, and WHEREAS, the City Council has accepted the proposal of 3Di, LLC to perform photogrammetric mapping services, and WHEREAS, the City believes that 3Di, LLC is qualified to provide these services and an agreement has been developed for execution by the parties, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into an agreement, which is affixed as Attachment "A" and by this reference incorporated herein, with 3Di, LLC to provide photogrammetric services for the City of Woodburn. Section 2. That the Mayor of the City of Woodburn be authorized to sign said agreement on behalf of the City. Approved as to form~. ~ ~ City Attorney (- Approved: Richard Jennings, Mayo Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Rec~er n ATTEST--.m~ ~ Mary nant City Recorder City of Woodburn, Oregon June 12, 2000 June 13, 2000 June 13, 2000 June 13, 2000 Page 1 - COUNCIL BILL NO. 2050 RESOLUTION NO. 1589 ---"-y+-"'- CITY OF WOODBURN PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into as of the date first indicated on the signature page, by and between the City of Woodburn, Woodburn, Oregon, (hereinafter referred to as the .City"), and 3Di, LLC (hereinafter referred to as . Consultant "). WHEREAS, City required services, which Consultant is capable of providing, under terms and conditions hereinafter described and; WHEREAS, Consultant represents that it is qualified on the basis of specialized experience and technical competence and prepared to provide such services as City does hereinafter require; NOW, THEREFORE, in consideration of those mutual promises and the terms and conditions set forth hereafter, the parties agreed as follows: A. TERM The term of this Agreement shall be from the date of execution by both parties until tasks required hereunder are complete and accepted, unless earlier terminated in accordance herewith. B. CONSULTANT'S SERVICES B.1 The scope of Consultant's services and time of performance under this Agreement are set forth in Exhibit A. All provisions and covenants contained in Exhibit A are hereby incorporated by reference and shall become a part of this Agreernent as if fully set forth herein. B.2 All written documents, drawings, and plans submitted by Consultant and intended to be relied on for the project shall bear the signature, stamp or initials of Consultant or Consultant's authorized Project Manager. Any documents submitted by Consultant which do not bear Consultant's signature, stamp or initials or those of the Consultant's authorized Project Manager shall not be relied upon by City. Interpretation of plans and answers to questions covering plans given by Consultant of Consultant's Project Manager need not be put in writing unless requested by the City and may be relied upon by City. B.3 All Agreements on the Consultant's part are contingent upon, and the Consultant shall not be responsible for damages or be in default or be deemed to be in default by reason of delays in performance due to third party: Strikes, lockouts, accidents, act of God, other delays unavoidable or beyond Consultant's reasonable control, or due to shortages or unavailability of labor at established area wage rates or delay caused by failure of the City of City's agents to furnish information or to approve or disapprove the Consultant's work promptly, or due to late or slow, or faulty performance by the City, other contractors, other consultants not under Consultant's control or governmental agencies, the performance of whose work is precedent to or concurrent with the performance of the Consultant's work. In the case of the happening of any such cause of delay, the tirne of cornpletion shall be extended accordingly. B.4 The existence of this Agreement between City and Consultant shall not be construed as City's promise or assurance that Consultant will be retained for future services unrelated to this public works project. B.5 Consultant shall maintain confidentiality of any private information and any public information which is exempt from disclosure under State or Federal law to which the Consultant may have access by reason of this Agreement. Consultant warrants that its employees assigned to work on services provided in this Agreement shall maintain confidentiality. All agreernents with respect to confidentiality shall survive the termination or expiration of this Agreement. C. CITY'S RESPONSIBILITIES C.1 The scope of City's responsibilities, including those of its Project Manager, are set forth in Exhibit B, which is attached hereto and incorporated herein. Page 1 - Agreement 3Di PHOTOGRAMMETRY SERVICES ~T' C.2 City certifies that sufficient funds are available and authorized expenditure to finance costs of this Agreement. D. COMPENSATION D.1 City agrees to pay Consultant A SUM NOT TO EXCEED $101,461.00. Consultant shall be paid in progress payments based upon invoices submitted to City for the work performed by Consultant during the preceding month. D.2 During the course of Consultant's performance, if City or its Project Manager specifically requests Consultant to provide additional services which are beyond the scope of the services described in Exhibit A, costs of such services shall be negotiated between City and Consultant before Consultant is authorized to proceed. D.3 Except for amounts withheld by City pursuant to this Agreement, Consultant will be paid within 30 days for services for which an itemized bill is received by City. E. CITY'S PROJECT MANAGER City's Project Manager is Frank Tiwari. City shall give Consultant prompt written notice of any redesignation of its Project Manager. F. CONSULTANT'S PROJECT MANAGER Consultant's Project Manager is Scott A. Russell. In the event that Consultant's designated Project Manager is changed, Consultant shall give City prornpt written notification of such redesignation. In the event the City receives any communication from Consultant of whatsoever nature which is not executed by Consultant's designated Project Manager, City may request clarification by Consultant's Project Manager, which shall be promptly furnished. G. PROJECT INFORMATION City shall provide full information regarding its requirements for the Project. Consultant agrees to share all project information, to fully cooperate with all corporations, firms, contractors, public utilities, governmental entities, and persons involved in or associated with the Project. No information, news or press releases to the Project, whether made to representatives of newspaper, magazines or television and radio stations, shall be made without the authorization of City's Project Manager. H. DUTY TO INFORM If at any time during the performance of this Agreement, or any future phase of this Agreernent for which Consultant has been retained, Consultant becomes aware of actual or potential problems, faults or defects in the project or any portion thereof, any nonconformance with federal, state or local law, rule or regulation, or has any objection to any decision or order made by City with respect to such laws, rules or regulations, Consultant shall give prompt written notice thereof to City's Project Manager. Any delay or failure on the part of City to provide a written response to Consultant shall neither constitute agreement with nor acquiescence to Consultant's statement or claim, nor constitute a waiver of any of City's rights. I. CONSULT ANT IS INDEPENDENT CONTRACTOR 1.1 Consultant shall be and herein declares that it is an independent contractor for all purposes and shall be entitled to no cornpensation other than compensation provided for under paragraph D of this Agreement. Consultant binds itself, its partners, officers, successors, assigns and legal representatives to the City. Consultant shall be cornpletely independent and solely determine the manner and means of accomplishing the end result of the Agreement, and City does not have the right to control or interfere with the manner or method of accornplishing said results. City, however, has the right to specify and control the results of Consultant's responsibilities. 1.2 Subcontracting: Consultant may not utilize any subconsultant or in any way assign its responsibility under the Agreement without first obtaining the express written consent of the City. Page 2 - Agreement 3Di PHOTOGRAMMETRY SERVICES '~--T' " '. <-_"".,.,...~".~.~'"';,..ci,...........;.._M^~..'--..."'_.~....,_~_.,'-"',...,,'" 101 _ t ......~~___""______<._....~.c_"d_...._.,""'~....,. 1.3 Consultant shall be responsible for and indemnify and defend City against any liability, cost or damage arising out of Consultant's use of such subconsultants and subconsultant's negligent acts, omissions, or errors. Subconsultants will be required to meet the same insurance requirernents of Consultant under this Agreement. Unless otherwise specifically agreed to by City, Consultant shall require that subconsultants also comply with and be subject to the provisions of this Section I. 1.4 Consultant shall make prompt payment of any claim for labor, materials or services furnished to the Consultant by any person in connection with this Agreement as such claim becomes due. Consultant shall not permit any lien or claim to be filed or prosecuted against the City on account of any labor or material furnished to or on behalf of the Consultant. If the Consultant fails, neglects or refuses to make prompt payment of any such claim, the City may pay such clairn to the person furnishing the labor, materials or services and charge the arnount of the payment against funds due or to become due the Consultant under this Agreement. 1.5 No person shall be employed under the terms of this Agreement as described herein in violation of all wage and hour laws. 1.6 Consultant shall make prompt payrnent as due to any person, co-partnership, association or corporation, furnishing rnedical, surgical and hospital care or other needed care and attention, incident to sickness or injury, to the ernployees of such Consultant of all sums which the Consultant agrees to pay for such services and all monies and sums which the Consultant collected or deducted from the wages of employees pursuant to any law, contract or agreernent for the purpose of providing or paying such service. 1.7 Should Consultant elect to utilize employees on any aspect of this Agreement, Consultant shall be fully responsible for payment of all withholding required by law, including but not limited to taxes, including payroll, incorne, social security (FICA) and Medicaid. Consultant shall also be fully responsible for payment of salaries, benefits, taxes, Industrial Accident Fund contributions and all other charges on account of any employees. Consultant shall pay to Department of Revenue all sums withheld from employees pursuant ORS 316.167. All costs incident to the hiring of assistants or ernployees shall be Consultant's responsibility. Consultant shall indemnify, defend and hold City harmless from claims for payment of all such expenses. Specific costs associated with items set forth in this paragraph shall be deemed as fully and conclusively included in the rate upon which Consultants cornpensation is based. 1.8 No person shall be denied or subjected to discrimination in receipt of the benefits of any services or activities made possible by or resulting from this Agreement on the ground of sex, race, color, creed, marital status, age, disability or national origin. Any violation of this provision shall be grounds for cancellation, termination or suspension of the Agreement in whole or in part by the City. 1.9 Consultant shall comply with all applicable federal, state and local laws, rules and regulations. 1.10 Consultant shall pay all contributions required to be made by Consultant to the Industrial Accident Fund. (This provision is required by ORS 279.312(2)). 1.11 Consultant shall pay when due all sums, including sums withheld from Consultant's employees which Consultant has agreed to pay to health care providers for treatment rendered to Consultant's employees. (This provision is required by ORS 279.301(1)). 1.12 No person employed pursuant to this contract shall be employed for more than eight hours in anyone day, or 40 hours in anyone week, except in cases of necessity, emergency, or where public policy, as determined by Owner, absolutely requires it. Employees shall be compensated at the rate of time and a half for all overtirne worked in excess of 40 hours in one week, except for individuals who are excluded from receiving overtime under ORS 653.010 to 653.260 of under 29 U.S.C. Sec. 201.209. (This provision is required by ORS 279.316). (Note: Persons who rneet the tests for executive, administrative or professional status under these laws are exernpt frorn payment of overtirne wages). Page 3 - Agreement 3Di PHOTOGRAMMETRY SERVICES T' 1.13 Consultant shall pay to the Oregon Department of Revenue all sums withheld frorn employees pursuant to ORS 316.167. (This provision is required by ORS 279.310(4)). 1.14 To the maximum extent economically feasible, Consultant shall use recycled paper in performing the contract work. (This provision is required by ORS 279.555(e)). J. INDEMNITY AND INSURANCE Consultant acknowledges responsibility for liability arising out of the performance of this Agreement and the attachments thereto only and shall hold City harmless from and indemnify City of any and all liability , settlements, loss, costs and expenses in connection with any action, suit or claim resulting or allegedly resulting from Consultant's negligent act, omissions, errors or willful misconduct provided pursuant to this Agreement or from Consultant's failure to perform its responsibilities as set forth in this Agreement. The review, approval or acceptance by City, its Project Manager or City of Woodburn employees of documents or other work prepared or submitted by Consultant shall not relieve Consultant of its responsibility to provide such materials in full conformity with City's requirements as set forth in this Agreement and to indemnity City from any and all costs and damages resulting from Consultant's failure to adhere to the standard of performance described in Section J.2.3. The provisions of this section shall survive termination of this Agreement. City agrees to indemnify and hold Consultant harmless from liability, settlernents, losses, costs and expenses in connection with any action, suit or clairn resulting or allegedly resulting from City's negligent acts, omissions or from its willful misconduct as governed by ORS Chapter 30. J.2 Insurance Requirements and Consultants Standard of Care. J.2.1 Consultant shall provide City with evidence of the following insurance coverages prior to the commencement of the work. A copy of each insurance policy, issued by a company currently licensed in the State of Oregon, and certified as a true copy by an authorized representative of the issuing company or at the discretion of the City, in lieu thereof, a certificate in a form satisfactory to City certifying to the issuance of such insurance shall be furnished to City. Unless specifically set forth on Exhibit A, expenses relating to the cost of insurance shall not be the basis for additional reimbursement to Consultant. J.2.2 The City agrees that in accordance with generally accepted constructed practices, the construction contractor will be required to assume sole and complete responsibility for job site conditions during the course of construction of the project, including safety of all persons and property. J.2.3 In the performance of its professional services, the Consultant shall use that degree of care and skill ordinarily exercised under similar circumstances by reputable members of its profession practicing in the Portland Metropolitan Area. The Consultant will reperform any services not rneeting this standard without additional cornpensation. Consultant's reperformance of any services, even if done at City's request, shall not be considered as a limitation or waiver by City of any other remedies or claims it may have arising out of Consultant's failure to perform in accordance with the applicable standard of care or this Agreement. J.2.4 Consultant shall furnish the City a certificate evidencing the date, amount and type of insurance that has been procured pursuant to this Agreernent. All policies shall be written on an "occurrence basis", except for Consultant's Professional Liability Insurance which may be written on a "claims made" basis, provided it shall endeavor to be maintained in full force for not less than four (4) years following Consultant's performance under this Agreement. All policies shall provide for not less than 30 days written notice to the City before they may be revised, non-renewed, or canceled. The Consultant shall endeavor to provide for not less than 30 days written notice to the City before the policy coverage may be reduced. Excepting professionalliability and worker's cornpensation coverage, all policies shall provide an endorsement naming the City, it officers, ernployees and agents as additional insured. In the event the policy lapses during performance, the City may: treat said lapse as a breach; terminate this Agreement and seek damages; withhold progress payrnents without impairing obligations of Consultant to proceed with work; pay an insurance carrier (either Consultant's or a substitute) the premiurn amount and withhold that amount from payments; and use any other rernedy provided by this Agreement of by law. J.2.5. Insurance Requirements. The Consultant, its subcontractors, if any, and all employers working Page 4 - Agreement 3Di PHOTOGRAMMETRY SERVICES ~ .T~" Wi under this Agreernent are subject employers under the Oregon Worker's Compensation Law and shall cornply with ORS 656.017 which requires thern to provide worker's compensation coverage for all their subject workers. The Consultant will maintain throughout this Agreernent the following insurance: J. 2. 5 .1 Worker's compensation and employers liability insurance as required by the State where the work is performed. J.2.5.2 Comprehensive automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from the use of motor vehicles, including on-site and off-site operations, and owned, non-owned, or hired vehicle, with $500,000 combined single limits. J. 2. 5.3 Commercial general liability insurance covering claims for injuries to members of the public or damage to property of others arising out of any covered negligent act or omission of the Consultant or of any of its employees, agents or subcontractors, with $1,000,000 per occurrence and in the aggregate. J.2.5.4 Professional liability insurance of $500,000 per occurrence and in the aggregate, including contractual liability coverage. If Consultant proposes using subcontractors, in addition to any other requirements of this Agreernent, City may require subcontractors to provide Professional Liability Insurance, provided the amount and form of coverage cornplies with requirernents of paragraphs 1.2.1, J.2.2, J.2.3, J.2.4, and J.2.5.4. J.2.5.5 City will be named as an additional insured with respect to Consultant's liabilities hereunder in insurance coverages identified in items J.2.5.2 and J.2.5.3. J.2.6 The coverage provided by these policies shall be primary and any other insurance carried by City is excess. Consultant shall be responsible for any deductible amounts payable under all policies of insurance. In the event a dispute arises between City and Consultant for which Consultant has obtained insurance, the maximum amount which may be withheld by the City for all such claims be no more than the amount of the applicable insurance deductible. K. EARLY TERMINATION K.l This Agreement may be tenninated prior to the expiration of the agreed upon terms; K.l.1 By rnutual written consent of the parties; K.1.2 By City for any reason within its sole discretion, effective upon delivery of written notice to Consultant by mail or in person; and K.l.3 By Consultant, effective upon seven days prior written notice in the event of substantial failure by the City to perform in accordance with the terms through no fault of the Consultant. K.2.1 If City terrninates the Agreernent in whole or in part due to default or failure of Consultant to perform services in accordance with this Agreement, City may procure, upon reasonable terms and in a reasonable manner, services similar to those so terminated. In addition to any other remedies the City may have, Consultant shall be liable for all costs and damages incurred by City in procuring such similar services, and the Contract shall be in full force to the extent not terminated. K.3 If City terminates the Agreernent for its own convenience, payment of Consultant shall be prorated to and include the day of termination and shall be in full satisfaction of all claims for work actually performed by Consultant for City under this Agreement. K.4 Termination under any provision of this paragraph shall not affect any right, obligation or liability of Consultant or City which accrued prior to such termination. Consultant shall surrender to City items Page 5 - Agreement 3Di PHOTOGRAMMETRY SERVICES T"" A'''r of work or portions thereof, referred to in Paragraph 0 for which Consultant has received payment, or City has made payment. City retains the right to elect whether or not to proceed with actual construction of the project. L. SUSPENSION OF WORK City may suspend, delay or interrupt all or any part of the work for such tirne as the City deems appropriate for its own convenience by giving written notice thereof to Consultant. An adjustment in the time of performance or method of compensation shall be allowed as a result of such delay or suspension unless the reason is within the Consultant's control. City shall not be responsible for work performed by any subcontractors after notice of suspension is given by City to Consultant. Should the City suspend, delay or interrupt the work and the suspension is not within the Consultant's control, then the City shall extend the time of completion by the length of the delay and the rnethod of compensation shall be adjusted to reflect the Consultant's increase or decrease in its standard hourly rates. M. SUBCONSULTANTS AND ASSIGNMENTS M.I Unless expressly authorized in Exhibit A or Paragraph I of this Agreement, Consultant shall neither subcontract with others for any of the work prescribed herein, nor assign any of Consultant's rights acquired hereunder without obtaining prior written approval frorn City. Work may be performed by persons other than Consultant, provided Consultant advises City of the names of such subconsultants and the work which they intend to perform and the City specifically agrees thereto. Consultant acknowledges such services are provided to City pursuant to a subcontract(s) between Consultant and subconsultant(s). Except as otherwise provided by this Agreement. City incurs no liability to third persons for payment of any compensation provided herein to Consultant. Any attempted assignment of this contract without the written consent of City shall be void. Except as otherwise specifically agreed, all costs for services performed by others on behalf of Consultant shall not be subject to additional reimbursement by City. M.2 City shall have the right to let other agreements be coordinated with this Agreement. Consultant shall cooperate with other firms, engineers or subconsultants on the project and the City so that all portions of the project may be cornpleted in the least possible time within normal working hours. Consultant shall furnish other engineers and subconsultants and affected public utilities, whose designs are fitted into Consultant's design, detail drawings giving full information so that conflicts can be avoided. N. ACCESS TO RECORDS City shall have access upon request to such books, documents, receipts, papers and records of Consultant as are directly pertinent to this Agreernent for the purpose of making audit, examination, excerpts, and transcripts for a period of four (4) years unless within that tirne City specifically requests an extension. This clause shall survive the expiration, cornpletion or termination of this Agreement. O. WORK IS PROPERTY OF CITY A. Originals or certified copies of the original work forrns, including but not limited to documents, drawings, tracings, surveying records, mylars, papers, diaries, inspection reports and photographs, performed or produced by Consultant under this Agreement shall be the exclusive property of City and shall be delivered to City prior to final payment. Any statutory or common law rights to such property held by Consultant as creator of such work shall be conveyed to City upon request without additional compensation. Upon City's approval and provided City is identified in connection therewith Consultant may include Consultant's work in its promotional materials. Drawings may bear disclairner releasing the Consultant frorn any liability for changes made on the original drawings and for reuse of the drawings subsequent to the date they are turned over to the City. B. Consultant shall not be held liable for any damages, loss, increased expenses or charges otherwise caused by or attributed to the reuse, by City or their designees, of all work performed by Consultant pursuant to this contract without the express written permission of the Consultant. Page 6 - Agreement 3Di PHOTOGRAMMETRY SERVICES , T- C. City agrees it will indemnify and hold Consultant harmless for all losses or damages that may arise out of the reuse of specific engineering designs incorporated into extensions, enlargements or other projects, without the express written permission of the Consultant. P. LAW OF OREGON The Agreement shall be governed by the laws of the State of Oregon. The Agreement provisions required by ORS Chapter 279 to be included in public agreements are hereby incorporated by reference and shall become a part of this Agreement as if fully set forth herein. Q. ADHERENCE TO LAW Consultant shall adhere to all applicable federal and state laws, including but not limited to laws, rules, regulations and policies concerning employer and ernployee relationships, workers cornpensation, and minimum and prevailing wage requirements. Any certificates, licenses or permits which Consultant is required by law to obtain or maintain in order to perform work described on Exhibit A, shall be obtained and maintained throughout the term of this Agreement. R. MODIFICATION Any modification of the provisions of this Agreernent shall not be enforceable unless reduced to writing and signing by both parties. A rnodification is a written document, contemporaneously executed by City and Consultant, which increase or decreases the cost to City over the agreed sum or charges or modifies the scope of service or tirne of performance. No rnodification shall be binding unless executed in writing by Consultant and City. In the event that Consultant receives any communication of whatsoever nature from City, which communication Consultant contends to give rise to any modification of this Agreement, Consultant shall, within thirty (30) days after receipt, make a written request for modification to City's Project Manager. Consultant's failure to submit such written request for modification in the manner outlined herein may be the basis for refusal by the City to treat said communication a basis for modification. In connection with any modification to the contract affecting any change in price, Consultant shall submit a complete breakdown of labor, material, equiprnent and other costs. If Consultant incurs additional costs or devotes additional time on project tasks which were reasonable expected as part of the original Agreement or any mutually approved modifications, then City shall be responsible for payment of only those costs for which it has agreed to pay. S. OTHER CONDITIONS Notwithstanding any acceptance or payrnents, City shall not be precluded or stopped from recovering from Consultant, or its insurer or surety, such damages as may be sustained by reason of Consultant's failure to comply with the terms of this Agreement. A waiver by City and breach by Consultant shall not be deemed to be a waiver of any subsequent breach by Consultant. T. INTEGRATION This Agreement, including but not limited to Exhibits and Consultant's proposal submitted to City contains the entire integrated agreement between the parties and supersedes all prior written or oral discussions, representations or agreernents. In case of conflict among these docurnents the provisions of this Agreement shall control. U, MISCELLANEOUS / GENERAL Consultant binds itself, its partners, officers, successors, assignees and legal representatives to the City under the terms and conditions of this Agreernent as described herein. V. If any of the provisions contained in the Agreement are held illegal, invalid or unenforceable, the enforceability of the remaining provisions shall not be irnpaired. Any provisions concerning the limitation of liability or indemnity shall survive the termination of Agreement for any cause. W. All notices required under this Agreernent shall be delivered by facsimile, personal delivery, or mail and shall be addressed to the following persons: Page 7 - Agreement 3Di PHOTOGRAMMETRY SERVICES Y' or Scott A. Russell 3Di 3400 West 11th Avenue Eugene, OR 97402 (541) 343-8877 Frank Tiwari Public Works Director City of Woodburn 190 Garfield Street Woodburn, OR 97071 (503) 982-5249 Notice shall be effective upon deliver to the above address. Either party may notify the other that a new person has been designated by it to receive notices, or that the address or FAX number for the delivery of such notices has been changed, provided that, until such time as the other party received such notice in the manner provided for herein, any notice addressed to the previously-designated person and/or delivered to the previously-designated address or FAX shall be effective. X. In the event either party initiates a lawsuit of arbitration against the other, then the prevailing party shall in addition to any other recovery, be entitled to recover its reasonable attorney fees and all other costs of litigation or arbitration. The CONSULT ANT and the CITY hereby agree to all provisions of this AGREEMENT. IN WITNESS WHEREOF, the parties by their signatures below enter into this Agreement this ~yof ,zrnm. CONSULTANT: CITY OF WOODBURN: 3Di Name of Firm By Richard Jennings, Mayor By Attest: Title Mary Tennant, City Recorder Mailing Address: Mailing Address: 3400 West 11 th Avenue Eugene, OR 97402 190 Garfield Street Woodburn, OR 97071 Employer I.D. No. 52-2122048 Approved as to form: N. Robert Shields, City Attorney Page 8 - Agreement 3Di PHOTOGRAMMETRY SERVICES .' T~ EXHIBIT ----A Page -'- of h SCOPE OF CONSULTANT'S SERVICES PHOTOGRAMMETRIC SERVICES CITY OF WOODBURN, OREGON - AERIAL MAPPING I. GENERAL. The City of Woodburn is proceeding with aerial mapping of the City and appropriate adjacent extensions. As an element of the mapping project the City is requesting photogrammetric services to develop aerial mapping for input into the City's GIS system. As used hereinafter, the term "Owner" shall refer to the City of Woodburn and its designated representatives, and "Consultant" shall refer to the photogramitrist. The photgrammetry Consultant is retained to perform photogrammetric services to produce new digital maps in AutoCAD Release 12 or Release 14 and TIFF file formats. The following Scope of Services is provided to describe the general extent of services to be provided by the Consultant. This outline is not necessarily all-inclusive and the Consultant shall include any miscellaneous tasks and services deemed necessary to satisfactorily complete the photogrammetric services. All mapping products will be delivered in the North American Datum (NAD) of 1983, 1991 adjustments, the National Geodetic Vertical Datum (NGVD) of 1929, 1947 adjustment, and shall be edge matched. II. SCOPE OF SERVICES. A. General. The area for which photogrammetry products are to be provided is illustrated on page 5 of this exhibit. B. Planimetric Data Development. Planimetric data will include all key planimetric features which are visible and readily identifiable on the photography and which are typical of 1"= 1 00' City mapping. These features include: structures (buildings, tanks, retaining walls, fences), infrastructure (paved / curbed road edges, gravel/ dirt road edges, driveways, sidewalks, bridges), power poles, tree lines for vegetated areas, individual street trees and where appropriate, hydrographic features (streams / rivers, drains, major ditches, ponds, lakes), manholes, catch basins and other key surface features. The limiting horizontal positional errors for well-defined points in both digital and hardcopy products are as follows: 90% of points within 2.0' or better Remaining 10% of points within 5.0' 1 r EXHIBIT A Page...4..- of h The symbols, names, etc., to be used for the major planimetric and topographic features shall be as designated by the Owner with recommendations from the Consultant. All planimetric symbols (i.e., sanitary sewer manholes, etc.) will be placed so the insertion point is the centroid of the symbol, and the insertion point is the actual location of the identified feature. The names of streets, railroads, and other geographic features of importance shall be obtained by reference to existing maps from the Owner and included with the final map file. The Consultant will perform quality control, and edit AutoCAD drawing files to conform to Owner specifications. A minimum of one edit plot will be furnished and a copy of the digital map files will be given to the Owner for editing. All changes and edits required by the Owner shall be incorporated by the Consultant into the final map file. A revised edit plot must be provided for final review and approval prior to final production of maps. C. Contour Data Development. Topographic data with 2 foot interval contours and spot elevations will be developed. A digital terrain model (DTM) consisting of break lines and mass points will be prepared at sufficient density and accuracy to meet accuracy requirements for 2 foot interval contours. Two foot interval contours will be generated from the DTM data and will be continuous across quarter section boundaries. Solid-line contour accuracy for the contour interval of two (2) feet required in this project specification is as follows: 90% of Contours within plus or minus 1.0' Remaining 10% of Contours within plus or minus 2.0' In densely wooded areas where heavy tree or brush cover fully obscure the ground and the contours are shown as dashed lines, ninety percent (90%) of the elevations determined from dashed line contours shall have an accuracy with respect to true ground elevation of one (1) contour interval or one fourth (114) the average height of the ground cover, whichever is greater. Spot elevations shall be determined photogrammetrically and displayed to the nearest one-tenth of a foot and shall be placed at hill tops, saddles, ridge lines, and bottoms of depressions. At least ninety percent (90%) of all spot elevations shown on the final map products shall be accurate within one-fourth (114) of the contour interval and the remaining ten percent (10%) shall be accurate to within one-half~) the contour interval. Spot elevation accuracy specifications are as follows: 90% of Spot Elevations within plus or minus 0.50' Remaining 10% of Spot Elevations within plus or minus 1.00' These spot elevations shall be shown approximately every 100 to 200 feet. D. Vector Data Map Files and Final Plots Digital AutoCAD Release 12 or Release 14 one-quarter section files and reproducible mylar 2 -or- VIf EXHIBIT A Page -3- of 0 plots with standard border and title block (to be approved by the Owner with input from the Consultant) will be produced at 1 "= 100' scale. Final maps shall be delivered as follows: One map file (planimetry and contours) per quarter section or one-eighth section sheet, one DTM data file (bread lines and mass points) per sheet and one final mylar plot per sheet. Digital map files will be delivered on CD-ROM. E. Dil!ital OrthoDhoto Develooment. The 12" focal length aerial photographs diapositives will be the source for the production of the digital orthophotos. Final digital orthophotos will have Y2 foot pixel resolution or better. The normal orientation of data is by rows and columns. Each row shall contain a series of pixels ordered from West to East. The order of the lines shall be from North to South. Digital orthophotos shall be produced so that when displayed on a computer graphics terminal, projection grid North is at the top. All data will need to meet the same 1"= I 00' specifications outlined in Section D above. All inputs and processes, including scanner calibration and camera calibration, must be sufficiently accurate to ensure that the final product meets National Mapping Accuracy Standards. The joint lines between the overlapping digital orthophotos shall be chosen so as to minimize tonal variations. Localized adjustments of the brightness values shall be performed to minimize tonal differences between joint areas. Visual verification shall be performed for image completeness, to ensure that no gaps exist in either the image area or the over edge coverage. The accuracy of the file shall be verified by comparing image row and column geometric coordinates to coordinates derived from higher- order accuracies for the same points. Digital uncompressed 24-bit color TIFF (Tagged Image File Format) format one-quarter section files will be produced at 1"= 100" scale specifications. Final maps shall be delivered as one map file (one-quarter section) per CD-ROM or other suitable digital media. F. Hardcoov Reoroducible Orthoohoto Plots Black and white, reproducible mylar photo quality hardcopy prints of the digital orthophotos will be produced at 1 "= 1 00' scale. Final hardcopy plots will be delivered as one plot per quarter section or one-eighth section map sheet. Hardcopy orthophoto plots will be to Owner specifications and may include contours, spot elevations, standard border and title block and other vector data as selected by the Owner. III. CITY FURNISHED ITEMS. A. The Owner will provide to the Consultant adequate horizontal and vertical premarked control as shown on page 6 of this exhibit. 3 -r EXHIBIL- A Page ~ of ?, B. The Owner will provide coordinates on the stated datums, for items that the City wishes to include on the digital data base. C. The Owner will provide coordinates of the Donation Land Claim comers that the City wishes to include on the digital data base. D. The owner will provide new black and white mapping photography, 1 "=500', taken with a 6" focal length camera with 60% inlet. E. The Owner will provide new color photography, I "=500', taken with a 12" focal length camera for use in producing digital orthophotographs. Photography to be centered on the center of 1/4 sections. F. The Owner will provide one set of contact prints for the above photography. G. The Owner will provide the quarter section and one-eighth section comer coordinates to be used for the map sheet comers. IV. TIME OF PERFORMANCE The time of performance shall be not more than 210 calendar days after written notice to proceed. 4 "-'r y'!'" ~ >> :l c.' , "II{ ~ ' o '~V-9( , " _', ~ /-1oc- 'II~, \ '. "I ~qJ,r ~ ~, ~ '. ~~, -?,,; _' n. <'Q,-o w I ",............... / O. .-,~- I \1 ,'----..~ .../..~,,~':\ ............ . ~ " ~ :"....../ ~ ( . ~ \11 Ii it -...,.,l / --'~ fNI I\) ,enl W 'i~' :~. :" ..' I '~"', . > .. ~ .......... t- '-- t 111 \!) /' "./ , I ..j '-- ~ . ) __L_[i :/ / ~ " /m : ;( ~ :: /1 ~~--;_. .. ~.I]~~"!lli':NOO ~ '.1 . ~-... I 8 o ~ N.... '\.~ r _-:! J - - -. " .. .$f- ~~ - - -- - - 'A.. [ I. OJ , [ OJ, l I"" J... rn ;><. ::t:: '", J -- OJ ~ - -{ .. ~ ~,~, ,~ -<0:. . __ _':""'" ,. L .,--.~,-,....!\.-, ~/~;', / :1/ ._ ~'~"'c: UN'~N_ .. N __- - e-- . - 0 N ~ ~ -"-;-;- 8' ~" -~~v, -, \~~'.:.- \ .. . :>'~J( w OJ . . ~ Y' EXHIBIT 2J Page --L- of I , CITY'S RESPONSmILITIES 1. Provide the City-furnished items indicated in Exhibit" A" . 2. Provide other necessary information to the CONSULTANT as to the CITY'S requirernents for the PROJECT. 3. Assist the CONSULTANT by placing at his disposal all reasonably available information and technical data pertinent to the PROJECT. 4. 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