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HomeMy WebLinkAboutResolution - 2005-R0069 - Contract - Pinnacle Mapping Technologies Inc.- Photography And Orthophotography - 02_10_2005Resolution No. 2005-R0069 February 10, 2005 Item No. 45 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for aerial photography and digital orthophotograpy, by and between the City of Lubbock and Pinnacle Mapping Technologies, Inc. of Indianapolis, Indiana, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 10th day of February , 2005. TOM MARTIN, MAYOR PRO TEM ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: v � Victor Kilmin, Purchasing Manager APPROVED AS TO FORM: Knight, Attorney gs/ccdocshes-Contract-Pinnacle Mapping Technologies-res Jan. 31, 2005 Resolution No. 10694 660 Febraary 10, 2005� Item No. 41 PROFESSIONAL SERVICES AGREEMENT This Agreement entered into by and between Pinnacle Mapping Technologies, Inc. (hereinafter called "PINNACLE") with offices at 8021 Knue Road, Suite 113., Indianapolis Indiana 46250, and the City of Lubbock, Texas, (hereinafter called "CLIENT") with offices at 1625 13 Street, Lubbock, Texas 79401 on this 4`' day of February, 2005. WHEREAS, the Client has issued a Request for Proposals (RFP 04-217-RW) for Aerial Photography and Digital Orthophotography 2005, and; WHEREAS, the proposal submitted by Pinnacle Mapping Technologies, Inc. has been selected as the proposal which best meets the needs of the City of Lubbock for this project, and; WHEREAS, the Client desires aerial photography, digital orthophotography and contour mapping in support of the City of Lubbock's Geographic Information System; WHEREAS, PINNACLE desires to perform as an independent contractor to provide photography, ground control, photogrammetric and compilation services necessary for the production of topographic maps and digital orthophotography upon terms and conditions maintained in this Contract; NOW THEREFORE, for and in consideration of the mutual promises contained herein, the Client and PINNACLE agree as follows: ARTICLE I Contractor Responsibilities 1.1 PINNACLE shall provide the professional services, materials, and equipment necessary to perform the Scope of Work as described in Exhibit A (Scope of Work) and described in the PINNACLE proposal, which by this reference is hereby made a part of this agreement. 1.2 PINNACLE shall perform all services under this contract in a professional manner, using that degree of care and skill ordinarily exercised by and consistent with the standards of competent professional aerial photographers, photogrammetrists, registered land surveyors, and geographic information professionals engaged in the same or similar projects, both public and private. 1.2 PINNACLE shall complete work applicable based on technology on hand at PINNACLE at the time of execution of this Agreement by PINNACLE and any improvements to technology shall be used as such may come into the possession of PINNACLE. 1.3 PINNACLE acknowledges it is an independent consultant and will at all times act as such. Nothing in this Agreement shall be deemed to constitute PINNACLE or any of its employees as the agent, representative or employee of Client, or create a joint venture between the parties. 1.4 All subcontractors to PINNACLE must be acceptable to the Client. Subcontractors approved as part of this agreement are those named in Exhibit A, Scope of Work ARTICLE II Project Schedule 2.1 PINNACLE's services shall be provided substantially within the Project Schedule attached hereto as Exhibit B. This contract will be valid for a term covering the scheduled performance period or until the completion and final acceptance of the services and productions authorized. The Client and PINNACLE agree that renewals of this Agreement may be negotiated, but only on mutually acceptable terms and conditions in one-year increments, on or before the anniversary date of this agreement. Client hereby employs PINNACLE and PINNACLE hereby accepts employment on the following terms. Pinnacle Mapping Technologies, Inc. Contract Page 1 of 8 2.2 The services specified in the Scope of Work of this Agreement shall commence when PINNACLE receives a written Notice to Proceed from the Client. 2.3 Failure of the parties to agree to a Revised Project Schedule shall entitle either party to terminate this Agreement without any cost or liability by giving notice as provided in Section 7.1. 2.4 PINNACLE shall submit a weekly progress report to the Client. The progress report shall be in form and content satisfactory to Client. 2.5 Time is of essence to this Agreement. PINNACLE's failure to conform to the Project Schedule shall be excused in the event of delays due to causes beyond the control of and without fault of PINNACLE, expressly including weather and other non -controllable conditions. Termination of this Agreement shall be allowed to either party or renegotiation of the fee for the remaining work may be requested by either party if the delay from causes beyond the control of PINNACLE prevents completion of the Project within twelve months after the designated completion time set out in the Project Schedule. ARTICLE III CompeMati in 3.1 For the performance of services described in Exhibit A, Client will compensate PINNACLE as set forth in Exhibit A based on a percentage of activity completion. No reimbursable expenses are included in this contract. The contract amount includes any contractor or subcontractor travel and expenses. 3.2 PINNACLE will submit periodic statements requesting payment in the form and manner required by Client's fiscal procedures, but not more often than monthly. Such requests shall be based upon the actual amount of work and services performed by PINNACLE under this Agreement. 3.3 Payment shall be made to PINNACLE within thirty (30) days of receipt of periodic statements. Unpaid billings after 30 days will have an interest charge of 1 1/2% per month added. The 30 days will run from approval of items in the invoice by the project coordinator. Ten percent of each invoice amount will be retained for payment upon successful project completion. 3.4 Approval and/or payment of such periodic invoices (not including Final Payment described below) shall not in any way relieve PINNACLE of its liability to the Client for errors, omissions, or other deficiencies in the performance of services. 3.5 Final acceptance by the Client will occur no later than ninety (90) days after delivery of the final products and services. ARTICLE IV Changes to Work or Schedule 4.1 Client may, at any time, by written order, and within the general scope of this Agreement, make changes or reduction in the services to be performed on the Project, Exhibit A. If such changes cause an increase or decrease in PINNACLE's cost of, or time required for, performance of any services under this Agreement, an equitable compensation adjustment shall be made. Any claim for adjustment under this clause must be made in writing within thirty (30) calendar days from the date of receipt by PINNACLE .of the notification of changes unless a further period of time is mutually agreed upon. No change by Client to any decrease in PINNACLE's compensation for services rendered up through the day on which notice of a change is received may be made. Pinnacle Mapping Technologies, Inc. Contract Page 2 of 8 4.2 All change orders to be effective must be in writing and executed by authorized representative of Client, and no services for which an additional compensation will be charged by PINNACLE shall be furnished without the written authorization of the Client. ARTICLE V Responsibilities of Client 5.1 Assist PINNACLE by placing at its disposal all requested available information pertinent to this Agreement, including previous reports and any other data relative to the project. 5.2 Arrange for access to and make all provisions for PINNACLE to enter upon public and private lands as required for PINNACLE to perform its work under the Agreement. 5.3 Examine all maps, studies, reports, sketches, estimates, specifications, drawings, proposals, and other documents presented to the Client by PINNACLE and render in writing decisions, when necessary, pertaining thereto within a reasonable time so as not to delay the work of PINNACLE. 5.4 Designate in writing a person to act as representative of the Client with respect to all work to be performed under the scope of work. Such person shall have complete authority to transmit instructions, receive information, interpret and define the Client's policies and decisions with respect to the work under this Agreement. The Client shall give PINNACLE written notification of any change in the Client's designated representative. ARTICLE VI Insurance and Indemnification 6.1 PINNACLE and any PINNACLE subcontractors shall maintain the following minimum amounts of insurance, hereinafter specified, in form and substance satisfactory to the Client. Client must approve all policies prior to the commencement of any activities whether performed by PINNACLE, subcontractors, agents or third parties. The insurance carrier must be an insurance company authorized to transact business in the State of Texas. A Certificate of Insurance specifying each required coverage shall be submitted to Client upon execution of the contract and before any work commences. 6.2 The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor. 6.3 Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved by the City, the Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at Contractor's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City, in the following type(s) and amount(s): TYPE AMOUNT Worker's Compensation Statutory $500,000 and Employers Liability 2. General Liability insurance including coverage for the following: a. Premises operations Combined single limit for Pinnacle Mapping Technologies, Inc. Contract Page 3 of 8 b. Independent contractors c. Products/completed operations d. Personal injury e. Advertising injury f. Contractual liability g. Medical payments 3. Aviation Liability 4. Comprehensive Automobile Liability a. Owned/leased vehicles b. Non -owned vehicles c. Hired vehicles bodily injury and property damage of $1,000,000 per occurrence or its equivalent. On all avaiation subcontracts, $500,000 Combined single limit for insurance, including bodily injury and property+ Coverage for loading and unloading of $1,000,000 per occurrence hazards, for: or its equivalent. City of Lubbock named on a primary additional insured endorsement on the Auto/General Liability Waiver of subrogation in favor of the City of Lubbock on all coverages 6.4 ADDITIONAL POLICY ENDORSEMENTS. The City shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. REQUIRED PROVISIONS 6.5 The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions: a) Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds, (as the interest of each insured may appear) as to all applicable coverage; b) Provide for 30 days notice to the City for cancellation, non -renewal, or material change; c) Provide for notice to the City at the address shown below by registered mail; d) The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance; e) Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. Pinnacle Mapping Technologies, Inc. Contract Page 4 of 8 f) All copies of the Certificates of Insurance shall reference the project name or bid number for which the insurance is being supplied. 6.3 PINNACLE hereby agrees to predicate the hold harmless agreement contained in Exhibit C and by their reference hereby made a part of this agreement. 6.4 After final acceptance and completion of the work the Client shall have six months in which to give notice to PINNACLE as to discovery of defects in the services requiring corrections, and as to which the Client shall give notice to PINNACLE within a reasonable time, not to exceed ninety (90) calendar days from discovery. 6.5 If PINNACLE negligently performs services and notice is timely given, Client shall have the right, at its option, to have PINNACLE re -perform such negligently performed services. 6.6 The provisions of this Article shall survive the termination or cancellation of the Agreement. f:- - ARTICLE VII Termination 7.1 This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill, its obligations under this Agreement (including timely payment to PINNACLE); PROVIDED, that no such termination may be effected unless the other party is given: (a) not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (b) an opportunity for consultation with the terminating party prior to termination. 7.2 This Agreement may be terminated in whole or in part in writing by the Client for its convenience; PROVIDED, that PINNACLE is given: (a) not less than ten (10) calendar days written notice (delivered Certified Mail, Return Receipt Requested), of intent to terminate, and (b) an opportunity for consultation with the terminating party prior to termination. 7.3 If termination for default by PINNACLE is effected by the Client, an equitable adjustment in the compensation provided for in this Agreement shall be made, but (a) no amount shall be allowed for anticipated profit on unperformed services or other work, and (b) any payment due to PINNACLE at the time of termination may be adjusted to the extent of any additional costs occasioned to the Client by reason of PINNACLE's default. If termination for convenience is effected by the Client, the equitable adjustment shall include a reasonable anticipated profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to PINNACLE for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by PINNACLE relating to commitments which had become firm prior to the termination. 7.4 Upon receipt of a termination notice pursuant to paragraphs 7.1 or 7.2 above, PINNACLE shall: (a) promptly discontinue all services affected (unless the notice directs otherwise), and (b) upon proper payment by Client to PINNACLE, deliver or otherwise make available to Client all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by PINNACLE in performing this Agreement, whether complete or in process. 7.5 Upon termination, pursuant to paragraphs 7.1 or 7.2 above, the Client may take over the work and prosecute the same to completion by agreement with another party or otherwise. Any work taken over by the Client for completion will be completed at the Client's risk, and the Client will hold harmless PINNACLE from all claims and damages arising out of improper use of PINNACLE's work. Pinnacle Mapping Technologies, Inc. Contract Page 5 of 8 7.7 The rights and remedies of the Client and PINNACLE provided in this clause are in addition to any other rights and remedies provided by law or under this Agreement. 7.8 Notwithstanding any other provision of this Agreement, if funds necessary for the continued fulfillment of this Agreement by Client are at any time insufficient or not forthcoming through failure of any entity to appropriate funds or otherwise, then PINNACLE shall have the right to terminate this Agreement without penalty, liability, cost or expense by giving not less than thirty (30) calendar days' prior written notice documenting the lack of funding. In such instance, unless otherwise agreed to by the parties, this Agreement shall terminate and become null and void on the last day of the fiscal period for which Client appropriations were received, or ninety (90) calendar days after such notice has been received by PINNACLE at its principal place of business, whichever occurs later. ARTICLE IX OwnershiRof Documents 9.1 PINNACLE agrees that all negatives, materials, reports, drawings, studies, specifications, estimates, maps, computer data tapes or files, computations and other materials prepared by or for Client under the terms of this Agreement shall upon proper payment by Client to PINNACLE be the property of the Client. However, any processes, procedures, programs, software, or similar practices of PINNACLE, whether developed prior to or during the Project Schedule, shall remain the property of PINNACLE until sold or licensed to Client for its use or use by others for separate compensation. ARTICLE X Retention of Records 10.1 PINNACLE shall maintain all books, documents, papers, accounting records, and other evidence pertaining to costs incurred under this Agreement and shall make such materials available for inspection by the Client at all reasonable times during the period of this Agreement and for the period of three (3) years after the date of final payment to PINNACLE. PINNACLE is entitled to reasonable reimbursement for the cost of furnishing copies if requested. 10.2 PINNACLE shall retain in its files all pertinent information for the project, including a final copy of all digital deliverables. Contractor shall contact Client before disposing of any copies of any materials created during the execution of this contract. ARTICLE 3U Applicable Law 11.1 The construction, interpretation, and performance of this Agreement shall be governed by and construed in accordance with the laws of the State of Texas. ARTICLE XII Compliance with Federal, State and Local Laws 12.1 PINNACLE shall comply with all federal, state and local statutes, ordinances and regulations, and shall obtain all permits that are applicable to the Agreement. ARTICLE XIV Promotional Use 14.1 PINNACLE shall, have the right to include descriptions and representations of the work among its promotional and professional materials. Pinnacle Mapping Technologies, Inc. Contract Page 6 of 8 ARTICLE XV Successors and Assigns 15.1 PINNACLE and Client each binds itself and its partners, successors, executors, administrators, and assigns to the other party of this Agreement and to the partners, successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement. Neither the Client nor PINNACLE shall assign, sublet or transfer its interests in this Agreement without written consent of the other. ARTICLE XVI Invalid Clause 16.1 If any section, clause, or provision of this Agreement shall be held invalid, such holding of invalidity shall not affect the validity of any remaining section, clause paragraph, portion, or provision of this Agreement. ARTICLE XVII Notices 17.1 All notices made pursuant to this Agreement shall be in writing and delivered personally or sent by Registered or Certified Mail, Retum Receipt Requested, to the parties at the respective address set forth below: CLIENT: Sally Still Abbe GIS Specialist City of Lubbock Planning Department 1625 13`' Street Lubbock, Texas 79401 (Ground) P.O. Box 2000 Lubbock, Texas 79457 (Postal) PINNACLE: Brenda R. King President Pinnacle Mapping Technologies, Inc. 8021 Knue Road, Suite 113 Indianapolis, Indiana 46250 Any party may change the address to which notices are to be sent by giving ten (10) calendar days' written notice of such change of address to the other party. Pinnacle Mapping Technologies, Inc. Contract Page 7 of 8 ARTICLE XVIII Entire Agreement 18.1 This Agreement supersedes all previous agreements, oral or written, between the Client and PINNACLE, and represents the whole ` and entire Agreement between the parties. No other agreements or representations, oral or written, have been made by the Client or PINNACLE. This Agreement may not be altered, modified or amended, except in writing properly executed by an authorized representative of the Client and PINNACLE. IN WITNESS WHEREOF, the parties hereto execute this Agreement on the day and year set forth below. Date: -Ql4 o5 Date: 02/10/05 ATTEST: R ecca Garza City Secretary PINNACLE MAPPING TECHNOLOGIES, INC. By: Brenda R. King, President AP A TO C ENT: Craig . Farmer Managing Director Planning and Transportation APPROVED AS TO FORM: Linda L. Chamales Supervising Attorney Office Practice ATTEST: r— Brian J. Ma eldyrary"� CITY OF LUBBOCK, TEXAS By: TOM MARTIN, MAYOR PRO TEM Pinnacle Mapping Technologies, Inc. Contract Page 8 of 8 EXHIBIT A SCOPE OF WORK AND PRICING City of Lubbock, Texas PROJECT OVERVIEW The project involves all tasks required for the production of new 1 "=100' color digital orthophotography with a 0.5' ground pixel resolution covering all of the areas outlined in the City's RFP document and subsequent addenda. Those areas, outlined on Figure A-1 (Project Map), include the base project area, optional areas A, B, C, D, E and the Lake Alan Henry Project Area. Additionally, this project will involve all tasks required for the production of new 1' contours and spot elevations for Option Areas A, B, C, D, E and 2' contours and spot elevations for the Lake Alan Henry Area. All new products will edge -match to the City's existing DTM (Digital Terrain Model) and Contour data and will conform to the Database Design standards to be agreed upon by Pinnacle and the City's technical staff. Finally, this project will also include the development of 1:200 Mylar Products and Color Wall Mosaics. SCOPE OF SERVICES PINNACLE will employ the following technical approach for the development of these products in the City of Lubbock. CONTRACT MANAGEMENT The successful implementation and completion of any project is based upon the establishment of well-defined objectives, the development of a schedule to meet the objectives and the appropriate monitoring of the progress. The implementation of these items is the responsibility of the Project Manager. Below is the contact information of your assigned project manager, the director of project management, the principal -in -charge and the vice presidents of finance and production. All correspondence should be executed through your assigned project manager. However, if your project manager is unavailable and your question is a priority with the City, please do not hesitate to contact any of the individuals listed below: Brian Mayfield, GISP (Vice President — Project Oversight) 8021 Knue Road, Suite 113 Indianapolis, Indiana 46250 Voice: (317) 585-2011 Fax: (317) 585-2014 E-mail: bmayfield@ginnaclem=ing.com Brenda King, President (Principal -in -Charge) Voice: (317) 585-2011 E-mail: brkingQpinnaclemapping;com Ryan King, CFO (Billing & Finance) Voice: (317) 585-2011 E-mail: nilking(a-lyinnaclOWRing.com Pinnacle Mapping Technologies, Inc. Scope of Work Page 1 of 7 PINNACLE's contact with The City of Lubbock will be: Sally Abbe GIS Specialist — Planning Department P.O. Box 2000 Lubbock, TX 79407 (mail) Municipal Building — Room 107 1625 13`b Street Lubbock, Texas 79401 (ground) Voice: (806) 775-2106 E-mail: sabbelg=lubbock.us PROJECT REPORTING PINNACLE will provide written Project Status Reports on a weekly basis. (format?) PREVAILING SPECIFICATIONS All photograrnmetric mapping products are to meet or exceed National Map Accuracy Standards. This standard states that 90 percent of all photographic details on the orthophotography shall be accurate to within at least 1/30 in. of true position, as determined by test surveys, and none of the photographic details shall be displaced by more than 1/15 in. from true coordinate position. Since the orthophoto process rectifies images at the ground elevation of a DEM scan, accuracy standards must exclude objects above and below the scan elevation, such as tops of buildings, poles, trees, and other like objects." For this project, 1/30 of an inch at publication scale equates to +/-3.3' for the 1"=100' maps. This standard also states that 90% of the Contour Data should be accurate to within % of the Contour Interval, as determined by test surveys. For this project, '/z of the contour interval will be 0.5' for the 1' contours and 1.0' for the 2' contours. Any new digital orthophotos, DTM, Contours or other products collected by PINNACLE for this project will meet these accuracy specifications. PROJECT AND PRODUCTION SCOPE Accomplishing this Scope of Work will require the following tasks: AERIAL PHOTOGRAPHY • All aerial photography will be performed by GE Energy, of Kansas City, Missouri. No change in subcontractor may be made without the written consent of the Client. • Finalize the flight line and control layout maps and submit to the City for approval. • Acquire true color aerial photography at 1"=800' at a flying height of 4,800' Above Ground Level covering all project areas shown on Figure A-1 (Project Map). • Acquire panchromatic aerial photography at 1"=400' at a flying height of 2,400' AGL covering the areas that will receive 1' contour mapping — Areas A, B, C, D and E. . • All photography will be acquired using twin -engine aircraft cameras using Kodak's 2444 aerial color film (or equivalent) and Kodak 2405 aerial panchromatic film (or equivalent) • Extend all photography two full exposures, beyond the project limits. Pinnacle Mapping Technologies, Inc. Scope of Work Page 2 of 7 • Label all film to include, as a minimum; the date of photography, flight line and exposure numbers, photo scale, and project name. • Prepare and submit the final flight line and control location maps • PINNACLE will fly additional 1 "=3000' spot shots at an altitude of 18,000' AGL to provide enough coverage for the City's wall -mounted maps. • Aerial photography will be completed and reviewed no later than March 15, 2005. • PINNACLE will deliver the raw scans to the City on city -provided external Hard Drives. SURVEY CONTROL • All survey work will be performed by Landmark Consultants, Inc., Longview, Texas, under the direction of Tom A. Fidler, RPLS. All work must be performed by a surveyor registered in the State of Texas. No change in subcontractor may be made without the written consent of the Client. • PINNACLE will recover and target sixty-one (61) of the existing survey monuments within and surrounding the project area. • PINNACLE will survey and target forty-six (46) new control points within and surrounding the project areas. • Six (6) of the new control points will be poured -in -place permanent monumentation at second order accuracy. • The City will review the new control points to be monumented and may suggest changes. The City may also choose to have additional permanent monuments placed at an additional charge about the contract amount. • All points will be used in conjunction with Airborne GPS photo -center control. • Please refer to Figure A-2 (Proposed Ground Control Map) for approximate locations of the ground control that willbe recovered and targeted. FULLY ANALYTICAL AERIAL TRIANGULATION (FAAT) • The FAAT shall meet all requirements for final products to meet NMAS specifications. • Provide one copy of the FAAT report which shall include an introduction, project accuracy requirements, aerial triangulation accuracy, software and equipment used, and the final output and analysis for each scale and/or block of photography. • With respect to the FAAT report, we need to derive the component of the overall product accuracy that can be assigned to the aerial triangulation. Through PINNACLE's experience, and with the equipment and processes we will employ on this project, we define these to be limited to an RMSE <_ 1/7500 of the flying height. The maximum error is defined as 3 times the limiting RMSE. The table below presents the limiting error values based on these defined values. Error Sources in 0.64 ustment Results 1.92 t"=400' 1%• . It is therefore these values that will be utilized to evaluate the final positional quality of the aerial triangulation adjustments. Pinnacle Mapping Technologies, Inc. Scope of Work Page 3 of 7 Pa.OT PROJECT • Produce a Pilot Project that meets all specifications and deliverables of the City. The City of Lubbock will provide written approval for acceptance of the Pilot Project before frill production resumes. • Upon approval, review any priority areas that the City may have and present them with proposed delivery group areas and associated delivery dates. TOPOGRAPHIC MAPPING • PINNACLE will create a new DTM with sufficient density to support 1' contour mapping for Areas A, B, C, D and E. All new DTM data will be edge -matched to the existing 1' DTM product to provide the most consistent results between this project and the previous mapping project. • PINNACLE will create a new DTM with sufficient density to support 2' contour mapping for the Lake Alan Henry project area. • PINNACLE will combine the newly compiled 1' DTM's for areas A-E with City's existing 1' DTM to make a project -wide terrain model suitable for orthorectification at 1"=100'. The Lynn County Land Application Site and Lake Alan Henry DTM's will be compiled in separate projects. • DTM products will contain breaklines and mass points. • DTM surface model for each area will be delivered in ASCII-XYZ format and also in MicroStation Design (.dgn) file format. • 1' and 2' contours will be delivered, along with discreetly placed spot elevations, in a data format and architecture to be decided upon between Pinnacle and the City of Lubbock's technical staff. DIGITAL ORTHOPHOTOGRAPHY • PINNACLE will produce 1 "=100' color digital orthophoto tiles with 0.5' Ground Pixel Resolution (GPR) for the entire project area • All tiles will be butt -matched and delivered in GeoTIFF (world files will also be provided) format on CDROM or DVD. • PINNACLE will produce a series of compressed mosaic images in MrSID format at the direction of the City's technical staff. Extents and compression ratios are to be determined between Pinnacle and the City's technical staff. WALL MOUNTED MOSAICS • PINNACLE will prepare a color wall mosaic approximately 4 feet x 4 feet that covers a geographic area approximately 18 miles x 18 miles centered by the City of Lubbock. • Pinnacle will produce this product from the new 1"=100' Color Digital Orthos • PINNACLE will fly additional 1 "=3000' spot shots at an altitude of 18,000' AGL to provide enough coverage for the area necessary to produce this map. • The color mosaics will be mounted on foam core? HD Masonite (what we have currently) • The Client will provide a geo-referenced file with major street names for overlay on these prints. • PINNACLE will deliver one copy of the geo-referenced image file for use by the city. PINNACLE will produce a minimum of eleven wall -mounted 48" x 48" color mosaics. Pinnacle Mapping Technologies, Inc. Scope of Work Page 4 of 7 • PINNACLE will also make available for resale additional wall -mounted 48" x 48" mosaics as an additional charge to the City. DELIVERABLES PINNACLE will provide the following list of deliverables for this project: • Final flight line and control location maps • USGS Calibration Report (included with the FAAT Report) • Aerial film negatives • Aerial film scans on City -supplied Hard Drives • One copy of the FAAT Report • One copy of the Ground Survey Report • 1' DTM data in ASCII format and MicroStation Design Format • 2' DTM data in ASCII format and MicroStation Design Format • 1' Contours and Spot Elevations in a GeoMedia Workspace • 2' Contours and Spot Elevations in a GeoMedia Workspace • True color digital orthophotos for 1"=100' tiles with 0.5' GPR in GeoTIFF format (including world files) on CDROM or DVD • FGDC-CSGDM Metadata Content for each product • Eleven 48" x 48" wall -mounted color mosaics All deliverables will be produced in NAD 83-NGVD 88 datum. In addition, the 1' contours and DTM will be provided in NAD 27 NGVD 29 datum. All points will be computed in both databases to ensure accuracy of the point locations. SCHEDULE Please refer to Exhibit B (Project Schedule). In our proposed schedule, we have prepared for eventualities and questions that may arise during the Pilot Phase of Production. We will not compromise the quality, accuracy, or precision of the data to meet an unrealistic schedule and will not move forward in production until everyone is on the same page after the Pilot Phase. TERMS AND CONDITIONS The following terms and conditions apply to the contract between PINNACLE and The City of Lubbock. (Note: we removed this from the scope to avoid any conflicts or confusion with the compensation portion of the contract) CUSTOMER SUPPLIED DATA • Existing l' Contours and DTM data in Base Project Area • Survey Recovery Diagrams for existing control points • Additional information deemed helpful or necessary as decided upon by the City's technical staff PINNACLE is not responsible for inaccuracies in data provided by the City. PINNACLE reserves the right to seek additional compensatipp i such items are found to be deficient and result in additional work by PINNACLE. This condition may also result in schedule revisions. Either party will notify the other immediately upon the discovery of any defect. At such time, both parties will evaluate its impact on the project and time schedule. PINNACLE reserve the right to seek costs to correct the defect before any action is taken. Pinnacle Mapping Technologies, Inc. Scope of Work Page 5 of 7 ,.W WARRANTY No warranty of data produced by a previous vendor, non -related third -party, or data provided by the client will be implied. All work prodiicdd by PINNACLE is warranted for a period of six - months after final acceptance of the completed project. REVIEW AND ACCEPTANCE The City shall complete checks of all deliverable products within 30 days of delivery. After initial checking, work increments will be categorized by the City as follows: ACCEPTED: Products that meet specifications and contain no apparent errors, or so few errors as to be acceptable, will formally be indicated as accepted. RECEIVEDIEDITED: The product has a number of errors that do not permit acceptance. For the product to be accepted, PINNACLE must correct or address all issues noted by the City. REJECTED: The number and character of errors detected by the City are such that the product is formally returned to PINNACLE without a complete edit. The City will formally notify PINNACLE of the rejected status of the product. PINNACLE must edit and correct the mapping for resubmittal to the City. If the City determines that there are an excessive number of rejected products, the City may require the Contractor to suspend production until the problems are resolved. Payment may be withheld until all problems are resolved. Figure A-1 Project Map Figure A-2 Proposed Ground Control Map PRICING Color Base Area plus Alternates A-E Color Digital Orthophotography with 0.5' GPR................................................ $ 60,050.00 1:200 Mylars (All Ortho Areas, base and A-E) (Total Price) ............................ $ 2,700.00 1:200 B&W Mylars (Contours Only for A-E) (Total Price) .............................. $ 1,000.00 l' Contours and DTM for Areas A-E................................................................ $ 130,621.00 DTM Density Spacing.........................................................................25 feet for mass points TOTAL (This Option)............................................................................. $ 194,371.00 Color Lake Alan Henry Color Digital Orthophotography with 1.0' GPR................................................ $ 33,215.00 (Pinnacle will produce 0.5' in this area for no additional charge) 2' Contours and DTM........................................................................................ $ 36,685.00 DTM Density Spacing.......................................................................... 50 feet for mass points 1:200 B&W Mylars............................................................................................ $ 1,100.00 TOTAL (This Option).............................................................................. $ 71,000.00 48" z 48" Color Wall Mosaic Usinn New Photoerauhv Digital Ortho (Flying Height and Resolution) ..............................1 "=800' NCS; 0.5' GPR (Pinnacle will produce this product from the new 1"=100' Color Digital Orthos) FirstColor Print................................................................................................. $ 640.00 10 Additional Prints........................................................................................... $ 1,700.00 TOTAL (This Option)............................................................................. $ 2,340.00 Pinnacle Mapping Technologies, Inc. Scope of Work Page 6 of 7 TERMS PINNACLE is authorized to begin the project upon execution of this contract. The prices remain valid through the duration of the project schedule outlined in Exhibit B. Should delays in contract signing or execution occur, pricing shall remain valid until April 1, 2005. Pinnacle Mapping Technologies, Inc. Scope of Work Page 7 of 7 Lul Base Project Area Area A Area B Area C Area D Area E room""% L...J Lake Alan Henry Figure A-1: Contract Map m 0 4 8 16 24 32 RNQO��� Miles W Base Project Area Area A Area B Area C Area D Area E rm"uwmmv Lake Alan Henry New Control (64) Existing Control (42) Figure A-2: Control Map Crosby ,A,, 11',' 0 4 8 16 24 32 FN��� Miles mow Pinnacle Mapping Technologies, Inc. Project Schedule: City of Lubbock, Texas Exhibit B Project Phase Work Description Jan 05 1 Feb 05 _t Mar 05 A rO5 May 05 Ju.e 05 July 05 Aug 05 Sept 05 MENNEN � e�Mn .. � � � Photographic Lab PTuce&-k*of Aerial Film S. Aerial Pi;.�hy Aerial Triangulation Stcreo Compilation IS Full Feature Ex0action Map Editing M I Product Finishing No MEN MENNEN MUMMEME Pilot Project Full Citywide Pinnacle Mapping Technologies, Inc. Project Schedule Page I of I E3CHMTr C Indemnity and Hold Harmless PINNACLE shall save harmless the Client and its representatives from all suits, actions or claims of any kind brought on account of any injuries or damages sustained by any person or property in consequence of any act of omission by PINNACLE or its employees or agents, or from any claims or amounts due arising or recovered under the State's Workmen Compensation laws. PINNACLE's indemnity and hold harmless obligation undertaken pursuant to this contract, if any, shall specifically exclude that portion of such obligations which could require PINNACLE to indemnify or hold harmless Client, its agents, employees, or contractors for their own negligence. PINNACLE will famish evidence of Workmen Compensation and public liability insurance. PINNACLE shall indemnify and hold harmless the Client from all claims of labor and materials furnished under this contract. Timely payment of undisputed claims for labor and material furnished to PINNACLE in the performance of contract work is a material term of the contract. When requested by the Client, PINNACLE shall submit satisfactory evidence that all persons, firms, corporations or other business entities,, that have performed work or furnished materials under the contract, have been fully paid or satisfactorily secured. In case such evidence is not furnished or is not satisfactory, an amount shall be retained from monies due PINNACLE which, in addition to any other sums that may be retained, will be sufficient, in the opinion of the Client, to meet all claims of the persons, firms, and corporations as aforesaid. Such sum or sums shall be retained until the liabilities as aforesaid are fully discharged or satisfactorily secured. The Client agrees to mitigate its damages, should any damages arise in the course of this Agreement, to every extent possible, and to take such reasonable measures to prevent injury or damages within its jurisdiction as a reasonable prudent individual or entity would take. PINNACLE shall be accountable for any and all damages resulting from its operations. All damages shall be paid for by PINNACLE. It shall be fully responsible for the protection of all persons, including members of the public and employees of other contractors or subcontractors and all public and private property. It is the intent of this section to require PINNACLE to indemnify the Client to the extent permitted under Texas law. Pinnacle Mapping Technologies, Inc. Indemnity & Hold Harmless Page 1 of 1