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HomeMy WebLinkAboutResolution - 2021-R0103 - Contract 15678 - 3/23/2021Resolution No. 2021-R0103 Item No. 6.21 March 23, 2021 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute tfor and on behalf of the City of Lubbock, Service Contract No. 15678 for Digital Orthophotography 2021, by and between the City of Lubbock and Bohannan Huston, Inc., of Albuquerque, New Mexico, 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. by the City Council on arch 23, 2021 M .mm......... ..,,rt ..., IAODOP µ,.MAYOR. ................ _. .., ATTEST: IRebe ca Garza, City APPROVED AS TO CONTENT: Brooke Witcher, Assistant City Manager APPROVED AS TO FORM: RyaBro4e, Assistant City Attorney ccdocs/RES.Contract 15678 Digital Orthophotography 2021 March 2, 2021 Resolution No. 2021-R0103 City of Lubbock, TX Digital Orthophotography Project 2021 Agreement Contract 15678 This Service Agreement (this "Agreement") is entered into as of the 23lay of March 2021 ("Effective Date") by and between Bohannan Huston, Inc., (the Contractor), and the City of Lubbock (the "City"). RECITALS WHEREAS, the City has issued a Request for Proposals 21-15678-TF, Digital Orthophotography Project 2021. WHEREAS, the proposal submitted by the Contractor has been selected as the proposal which best meets the needs of the City for this service; and WHEREAS, Contractor desires to perform as an independent contractor to provide Digital Orthophotography Project 2021, upon terms and conditions maintained in this Agreement; and NOW THEREFORE, for and in consideration of the mutual promises contained herein, the City and Contractor agree as follows: City and Contractor acknowledge the Agreement consists of the following exhibits which are attached hereto and incorporated herein by reference, listed in their order of priority in the event of inconsistent or contradictory provisions: 1. This Agreement 2. Exhibit A — General Requirements 3. Exhibit B ..._ Proposal and Best and Final Offer 4. Exhibit C Insurance Requirements Scope of Work Contractor shall provide the services that are specified in Exhibit A. The Contractor shall comply with all the applicable requirements set forth in Exhibit B and Exhibit C attached hereto. Article 1 1.1 The contract shall be for a term of one (1) year, with the option of four (4), one-year extensions, said date of term beginning upon formal approval. All stated annual quantities are approximations of usage during the time period to be covered by pricing established by this bid. Actual usage may be more or less. Order quantities will be determined by actual need. The City of Lubbock does not guarantee any specific amount of compensation, volume, minimum, or maximum amount of services under this bid and resulting contract. The Contractor must maintain the insurance coverage required during the term of this contract including any extensions. It is the responsibility of the Contractor to ensure that valid insurance is on file with the Purchasing and Contract Management Department as required by contract or contract may be terminated for non-compliance. 1.2 Prices quoted shall be set for a period for one (1) year, said date of term beginning upon City Council date of formal approval. The rate may be adjusted upward or downward at this time at a percentage not to exceed the effective change in Consumer Price Index (CPI) or Product Price Index (PPI), whichever is most appropriate for the specific contract for the previous 12-months at the City's discretion, the effective change rate shall be based on either the local or national index average rage for all items. If agreement cannot be reached, the contract is terminated at the: end of the current contract period. L3 The Contractor shall not assign any interest in this Agreement and shall not transfer any interest in the Agreement, whatsoever, without prior consent of the City. 1.4 All funds for payment by the City under this Agreement are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods, or services provided under the Agreement, the City will terminate the Agreement, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this Agreement is, spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the contractor oil 30 days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this Agreement beyond the date of termination. 1.5 This contract shall remain in effect until the firs( of the following occurs: (1) the expiration date, (2) performance of services ordered, or (3) termination of by either party with a 30i day written notice. The City of Lubbock reserves the right to award the canceled contract to the next lowest and best bidder as it deems to be in the: best interest of the city. Article 2 Miscellaneous, 2.1 This Agreement is made in the State of Texas and shall for all purposes be construed in accordance with the laws of said State, without reference to choice of law provisions, 2.2 This Agreement is performable in, and venue of any action related or pertaining to this Agreement shall lie in, Lubbock, Texas. 2.3 This Agreement and its, Exhibits contains the entire agreement between the City and Contractor and supersedes any and all previous agreements, written or oral, between the parties relating to the subject matter hereof. No amendment or modification of the terms of this Agreement shall be binding upon the parties unless reduced to writing and signed by both parties. 2.4 This Agreement may be executed in counterparts, each of which shall be deemed an original. 2.5 In the event any provision of this Agreement is held illegal or invalid, the remaining provisions of this Agreement shall not be affected thereby. 2.6 The waiver of a breach of any provision of this Agreement by any parties or the failure of any parties otherwise to insist upon strict performance of any provision hereof shalt not constitute a waiver of any subsequent breach or of any subsequent failure to perform. 2,7 This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, representatives and successors and may be assigned by Contractor or the City to any successor only on the written approval of the other party. 2.8 All claims, disputes, and other matters in question between the Parties arising out of or relating to this Agreement or the breach thereof, shall be formally discussed and negotiated between the Parties for resolution. In the event that the Parties are: unable: to resolve the claims, disputes, or other matters in question within 30 days of written notification from the aggrieved Party to the other Party, the aggrieved Party shall be free to pursue all remedies available at law or in equity. 2.9 At any time during the term of the contract, or thereafter, the City, or a duty authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within 30 days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 2.10 The City reserves the right to exercise any right or remedy to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of` coral Jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its, unrestricted right to seek judicial remedy. The rernedies, set forth herein. are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this do, 111 The contractor shall not assign or sublet the contract, or any portion of the contract, without written consent from the: Director of Purchasing and Contract Management, Should consent be given, the Contractor shall insure the Subcontractor or shall provide proof of insurance from the Subcontractor that complies with all contract Insurance requirements document, this provision shall control. 2.12 Contractor acknowledges by supplying any Goods or Services that the Contractor has read, fully understands, and will be in full compliance with all terms and conditions and the descriptive material contained herein and any additional associated documents and Amendments. The City disclaims any terms and conditions provided by the Contractor unless agreed upon in writing by the parties. In the event of conflict between these terms and conditions and any terms and conditions provided by the Contractor, the terms and conditions provided herein shall prevail. The terms and conditions provided herein are the final terms agreed upon by the parties, and any prior conflicting terms shall be of no force or effect. 2,13 Contractor acknowledges by supplying any Goods or Services, that the Contractor has read, fully understands, and will be in full compliance with all terms and conditions and the descriptive material contained herein and any additional associated documents and Amendments. The City disclaims any terms, and conditions provided by the Contractor unless agreed upon in writing by the parties. In the event of conflict between these terms and conditions and any terms and conditions provided by the Contractor, the terms and conditions provided herein shall prevail. The terms and conditions provided herein are the final tenns, agreed upon by the parties, and any prior conflicting terms shall be of no force or effect, 2.14 TEXAS GOVERNMENT CODE SECTION 2252.152 The Contractor (i) does not engage in business with (ran, Sudan or any foreign terrorist organization and (ii) it is not listed by the Texas Comptroller under Section 2252.153, Texas Government Code, as a company known to have contracts with or provide: supplies or services, to a foreign terrorist organization. As used in the immediately preceding sentence, "foreign terrorist organization" shall have the meaning given such term in Section 2252,15 1, Texas Government Code, 2.15 TEXAS PUBLIC INFORMATION ACT 'The requirements of Subchapter 3, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor agrees to: (1) preserve all contracting information related to the contact as provided by the records retention requirements applicable to the governmental body for the duration of the contract; (2) promptly provide to the governmental body any contracting information related to the contract that is in the custody or possession of the entity on request of the governmental body; and (3) on completion of the contract, either.- (A) provide at no cost to the goverru-nental body all contracting, information related to the contract that is in the custody or possession of the entity; or (B) preserve the contracting information related to the contract as provided by the records retention requirements applicable to the governmental body. The Contractor warrants, that it complies with Chapter 2270,001 of the Texas Govenunent Code by verifying that: I . Company does not boycott Israel; and 2. Company will not boycott Israel during the tcn-n of the contract. Pursuant to Section 22'70. 001, Texas Government Code: (1) "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking (my action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not inclI ide, an action nzadef6r ordinary businesspurposes; and (2) ""Company"' means an organization, association, corporation, partnership, joint venture, limited partnership, litniled liability partnership, or limited liability company, including a wholly owned subsidimy, majority -owned siifbsidiaty, parent compan r, or aff . Mate of those entities or business associations that exists to make a prqfi t. The Conti -actor shall retain all information received from or concerning, the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. WEREFFROUNUIEWd The Contractor shall indemnify and save harmless the city of Lubbock and its elected officials, officers, agents, and employees from all suits, actions, losses, damages, claims, or liability of any kind, character, type, or description, including without limiting the generality of the foregoing, all expenses oflitigation, court costs,, and attorney's fees, for injury or death to any person, or injury to any property, received or sustained by any person or persons of property, to the extent arising out of,, related to or occasioned by, the negligent acts of tile Contractor, its agents, employees, and/or subcontractors, related to the perforl-natice, operations, or omissions under this agreement andlor tile use or occupation of city owned property. The indemnity obligation provided herein shall survive the expiration or termination of this agreement. IN WITNESS WHEREOF, the parties hereto have Caused this Contract to be executed the day and year first above written. Executed in triplicate, CITY OF LUBB( "K — ......... 11-. 1 ........ . . . BN Daniel M. Pope, Mayor ATTEST: . . ................. . . . . . . ..... Rebje4 Garza, City Secreary APPROVED AS TO CONTENT: Mike Keenum,, RE., Division Director of Engineering/City Engineer APPROVED AS TO FO N4 - - - - - - - ------- --- -------- �ro, e, Ryan Assistant City Attorney ANUMMSTUMON . . . . ................... . . . ......... . . ....... Authorized Reprg5entative WE, 7500 Jeffersoin St, NE . ...................... Address -Mqys �qy��',NM 87109 City, State, Zip Code City of Lubbock, TX RFP 21-15678-TF Digital Orthophotography Project 2021 General Requirements 11111111IM-Mall a) The City of Lubbock (hereinafter called "City") is seeking proposals from interested aerial mapping acquisition vendors, (hereinafter called "Vendor") to provide services related to Digital Orthophotography,. Li,DAR and Planimetrics. b) Vendors are: invited to submit demonstrated competence and qualifications of their firm for providing these services. c) This request for proposal (RFP) is being issued under the guidelines of a High -Technology RFP. This means that failure to successfully meet all functional requirements may not necessarily disqualify the Vendor. Vendors should take exception to functional specifications that they cannot meet and may offer alternative solutions, and/or additional features in their proposals. Price will not be the only criteria of selection. The City may choose to select all, pall, or none of the Vendor's proposal, d) The information contained within this document is intended to provide interested Vendors with the requirements and criteria that will be used to make the selection. IS lay MOIL The Digital Orthophotograpby Project 2021 for the City of Lubbock is for the purpose of acquiring new orthorectified digital aerial imagery, LiDAR and associated mapping of planimettic features. It is the intention of the City to have the new aerial imagery and LiDAR acquired during leaf -off conditions as determined, agreed upon, and stated in a notice to proceed, and have the final products delivered within four (4) months of acquisition. The priority project acquisition area is a contiguous area of approximately 1148 square rmles covering Lubbock County and additional areas as shown in Figure 1. City of Lubbock, TX RFP 21-15678-TF Digital Orthophotography Project 2021 General Requirements 0 1 2 4, 6 8 10 Legend mt=Wes Pro Onr ho and tOAR Area M21 Lubbock City Limits Lubbock County Figure 1, Digital Orthophotography Project 2021 acquisition area. The City will have the option to extend the contract for up to 4 years with the chosen vendor for annual acquisition of orthorectified digital aerial imagery during leal'off conditions with LiDAR acquisition being optional each time,, The City would also like to have the ability to acquire digital orfliorectified imagery and/or LiDAR at times other than the regular yearly acquisition based on special project area needs or after natural disasters at the same pricing of the Current contract. The chosen vendor will be: requested to allow other government entities in Lubbock County to participate in any of the acquisitions at the same pricing of the current contract. Orlhorectified imagery and digital elevation data was previously collected in 2000, 2005, 20 10, 2011, 2015, 2016, 2018, 2019 and 2020. The data from these projects and all other City of Lubbock published data is available at the City of Lubbock Mapping and GIS website. lic-data. The project area boundaries, City of Lubbock, TX RFP 21-15678!-TF: Digital Orthophotography Project 2021 General Requirements control network and other materials specific to this, request for proposals can be found as links from the public data webpage, The services and products sought by this RFP must be accomplished under the supervision of an active APR S Clertified Photograrnmetrist or equivalent state board of' liccnsure registered professional. This individual should be in a position to oversee day-to-day operations of the project and for that reason must be a full-time employee of the prime contractor. Please note that all deliverables may be reviewed by a third party QA/I contractor under a separate contract with the City of Lubbock. The City seeks to contract with a qualified Vendor to acquire and deliver high -resolution, natural color, digital orthophotograhy, classified LiDAR based point clouds, and derivative products supporting plarrimetric mapping. The Vendor should include detailed information about the planned technology and methods that will be used to complete the data collection to meet the specifications required by the City. Vendors are encouraged to Suggest innovative approaches and remote sensing technologies that will provide the City with a quality product. Vendors may also otTer additional products that are not specifically requested below, but pricing should be included as separate line items in the proposal. 3.1 DIGITAL ORTHOPHOTOGRAPHY All work must be performed using industry acceptable standards and procedures, for pIhotogrammetric mapping. Imagery is expected to be flown during leaf off, cloud free, and optimum sun angle conditions. All digital imagery will be georeferenced and created in a seamless manner. All imagery should be color balanced so; that individual image tiles have a consistent tone and contrast across the entire prcject area. The flight design for the digital orthophotography shall achieve a nominal ground pixel resolution of no more than 3 inches without any resampling or spatial interpolation intended to improve the spatial resolution of the imagery; only resampling to georeference or rectify images will be allowed. The acquisition flight will also be designed with sufficient forward and side overlap to ensure total project area coverage without voids. The flight plan should take into account the image index provided by the City to ensure that each tile has 100% coverage. Tile proposal should include the specifications of the flight plan. The City seeks to obtain high quality, clear and sharp aerial imagery. To this end, image acquisition should be avoided if the ground is obscured by snow, ice, haze, fog, dust, flood waters, or cloud conditions that will cause shadows on more than 5% of the area of a single image frame. Flights should also be avoided during high wind conditions. Imagery should also be captured when the sun angle is 30 degrees or less from the solar zenith to reduce the presence of shadows in the imagery, Ground and airborne GPS control will be acquired at sufficient density and accuracy to support production ofdigital orthophotography that meets a horizontal accuracy requirement that is within I pixel of ground resolution. The digital imagery and control network will be referenced to the State: Platic,'Texas North Central Zone, NAD 83 coordinate system with units of US Survey Feet. City of Lubbock, TX RFP 21-15678-TF Digital Orthophotography Project 2021 General Requirements Aerial triangulation will be performed using industry accepted procedures to support the horizontal accuracy requirements of the digital orthophotography. The City has an existing ground control network that has been used during previous aerial image acquisition projects. The existing control network will be made available to the Vendor, and the Vendor should document how they will incorporate this network into their project. Additional new ground control may be added at the time of contracting to support this project if required to ensure the imagery mcets, the specified accuracies. If additional control is proposed, all required surveying must be done by a registered surveyor in the State of Texas and comply with established surveying and GPS methods. If new ground control is acquired for this project the Vendor will deliver the resulting survey data to the City following existing City standards. Surface models will be constructed by the Vendor using industry accepted procedures with sufficient density of points to support production of orthophotography at the required specifications. The City has an Esri terrain dataset developed from LiD:AR data acquired in 2016 that overlaps with the project acquisition area. This terrain dataset will be provided to the selected Vendor. The City of Lubbock has an area of approximately 5 square miles covering downtown, Texas Tech University and the Medical District with several tall buildings. The City would like to have true- orthols developed for this area to minimize building lean. The Vendor should include in their proposal the quality control plan they will implement with the City that will allow for comments and feedback. The City reserves the right to reject imagery that is delivered with warping, stretching, smearing, color bias, voids, poor edge: matching, excessive shadows, or contains elements obscuring the ground surface. The final digital imagery will be delivered to the City following an approved naming and indexing system. The City will provide the Vendor with the image tiling system in an Esri geoda(abase forinat, The imagery will be delivered in an uncompressed. TIFF format and a compressed MrSID formaL The City also desires to have a single mosaicked image, resarnpled to a ground pixel resolution of I foot, delivered in either a compressed ECW or JPEG20100 file format, The City would like to have the final imagery processed as 2 ArcGIS image services using the standard ArcGIS Online tiling schema. The cache should be built to support levels 9 through 21 The Vendor will deliver 2 pre -built caches to the City in specified coordinate systems so that it may be imported to their existing Arc IS Image Server version 10.8. All work must be performed using industry acceptable standards and procedures for the collection and classification of LiDAR biased elevation data. The project area identified is made up of urbanized areas and agricultural lands, and is generally flat with the exception of canyon lakes system associated with the Double Mountain Fork of the Brazos River. In general terms, the LiDAR collection and data processing shall adhere to the USES LiDAR Base Specification standard of Quality Level 2 (QL2) or better. The horizontal and vertical accuracy of the classified ground elevation points will need to support the creation of 1 -foot contours. The collection, production and delivered LiDAR products will include intensity images, classified LiDAR point cloud tiles,, calibration and control check points, and documentation of system calibration, collection and processing methods including accuracy testing, City of Lubbock, TX RFP 21-15678-TF Digital Orthophotography Project 20�21 General Requirements, The delivered point cloud tiles will use the LAS v IA specification and include classifications for ground, vegetation, buildings, water, and bridge decks at a minimum, The tiling scheme will match the existing tiles used by the City and be referenced to the City's standard spatial reference system and use vertical units of feet. 3.3 PLANIMETRICIS The City maintains a dataset of building and canopy footprint planimetrics, for structures greater than 50 square feet within the city limits of Lubbock. The Vendor will use the final approved imagery to update the City's existing, building planimetric dataset which contains approximately 124,,000 structures, The City will provide the Vendor with the existing building footprints that were last updated in 2020, along, with a list of addresses that identify specific areas of potential change based on permits and plats. For the purposes of this RFP the Vendor should expect to develop new planimetrics, for approximately 4,500 buildings. The Vendor will be required to deliver the building footprints as a g,eodatabase feature class matching the existing schema used by the City. Building polygons will need to be attributed to indicate new buildings, modified buildings, and buildings that no longer exist. Other planimetric datasets maintained by the City that may be considered optional deliverables include updates to sidewalks, ADA ramps, and impervious areas. All deliverables, will be the property of the City of I.,ubbock, Preliminary and final datasets must be: delivered on external hard drives as, specified by the City of Lubbock IT department and agreed upon at the time of contract. All spatial datasets will be referenced to the City's standard spatial reference system, specifically: • Coordinate System,-,,-,, State Plane • Zone - TX North Central (TIPS; 4202) • Horizontal Datum = NAD83 • Vertical Datum NAVD88 • Units 77 US Survey Toot • WKID = 2276 Expected project deliverables: Digital orthophotography --- 3-inch ground pixel resolution, tiled 4-band color infrared imagery including true-orthos, GeoTIFF and MrSID file formats, using the, file naming convention specified by the City's the index Digital orthophotography - 1-foot ground pixel resolution, single image file derived from the mosaic and resampling of the high resolution imagery using natural color, ECW or JPEG2000 file format Surface model used for orthorectification - Esri GRID fon-nat or GeoTIFF LiD�AR point clouds - LA'S vL4 using the file naming convention specified by the City's the index ArcGIS image cache services - 2 cache services delivered in projected coordinate system formats specified by the City City of Lubbock, TX RFIP' 21-1ti g-"IlTF Digital Orthophotogrraphy Project 2021 General Requirements • Building footprint planimetric updates — Esri geodatabase format using the City's existing data schema • Ground control network All control points used for the project will be provided to the City in a report, including a location neap. Points will include x, y, z grid coordinates and will. e delivered in Esri geodatabase and Microsoft Excel fon-nats. New ground control, if acquired, will also include location descriptions, supporting ground photos, and will be docunmented following. the City's standard ground control network information sheet • Internal check points -- Esri geodatabase format • Internal quality control report • Aerial triangulation report • Flight line index with specific Flight dates — Esri geodatabase format • FGDC compliant metadata for each delivered dataset with the following required metadata statement: City qf Lubbock Disclaimer Statement These images, maps and data were created exclusively for the internal use of the City of Lubbock. portions of the information may be incorrect or not current. Any person or entity who relies on any information obtained from these maps and data does sea at their- own risk. Neither the City of Lubbock, Texas, nor any agency, officer, or employee of the City of Lubbock, Texas, warrants the accuracy, reliability, or timeliness of such Information. THIS PUBLICATION IS PROVIDED "'A IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED: TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INF RINGEMENT. THE CITY OF LUBBOCK SHALL NOT BE LIABLE FOR. ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RELATED TO TIME USE OF THIS PUBLICATION, EVEN IF THE CITY OF LUBBOCK IS ADVISED OF SUCH DAMAGE.