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1d Markhurd/Aerial Photo PW125C CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax 952.227.1110 Building Inspections Phone: 952.227.1180 Fax 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax 952.227.1310 Senior Center Phone: 952.227.1125 Fax 952.227.1110 Web Site WI'II'I.ci .chanhassen.mn .us 1-"- r' MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Paul Oehme, Dir. of Public Works/City Engineer o )~J (cJ DATE: April 4, 2005 SUBJ: Award of Contract with Markhurd for Aerial Photography and Planimetric Data Capture - PW125C REQUESTED ACTION Award contract to Markhurd for Aerial Photography and Planimetric Data Capture. BACKGROUND Carver County is planning to have a company fly the county this summer and take aerial photos and obtain contour date for the entire county. The last time the county flew the entire county was in 1989. In January, 2005 Carver County requested proposals for the aerial and planimetric data. Carver County selected Markhurd for this work based on the best qualified proposal. The aerial information wil1 be .5' resolution which is very clear. Carver County is wil1ing to have the cities purchase this information from them at a reduced rate. The aetial and contour information helps an departments at the city plan for future projects and manage information better. The city has grown since the last time the county was flown and a lot of the data is no longer CUlTent. Also, the cutTent contours the city has are 4' contour intervals. The contours the county wil1 obtain are 2' and are a lot more accurate. The cost the county wil1 charge the city for the aerial and contour information is $10,440. Staff feels this is a very good deal. Staff obtained a quote last year for $61,500 to fly the City with the same information. The city, however, wil1 not legally own the information and therefore win not be able to sen electronic copies of the information. Staff finds this agreement acceptable since we currently do not sell this information. The City wil1 pay Carver County directly for the information. Staff is also requesting to receive planimetl1c data from Markhurd. Included in the Carver County bid was an altemate bid for the City of Chanhassen to obtain planimetric data. This data is computer generated items from the aerial photos that can be used for all sorts of applications. Staff is requesting this information for better planning purposes, to incorporate the infOlmation into our GIS system, The City 01 Chanhassen · A growing community with clean lakes, quality schools, a chamning downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. Todd Gerhardt April 4, 2005 Page 2 and to help in preparation for a variety of projects. The information wil1 readily be used to resolve geographic and site dispute issues with residents and contractors without repeated site visits. The information wil1 also be used to assist base mapping efforts by defining the location and boundaries of physical and cultural features. It has also proven useful to the police and fire departments in other communities when conducting area searches. The information win also decrease future project costs by decreasing survey requirements. The cost for the planimetric data is $50,860.00. This is slightly higher then the second low bid. Since the City wil1 not own the aerial data, Markhurd wil1 need to do the work. Markhurdis very wen qualified to do the work and comes highly recommended. Also, since Markhurd generated the aerial information using their software, it is unlikely that other venders would be able to generate the planimetric information. The agreement the city has worked out is to pay Markhurd $22,230.00 this year and $28,630.00 next year. The work is anticipated to be completed by September, 2005. This work was budgeted in the 2005 CIP, #EQ-055. The CIP item in 2008 wil1 be moved to 2006. The City attomey has reviewed the agreement and has found it acceptable. At this time, Staff recommends purchase of aerial photography and contour information from Carver County and award of contract with Markhurd for planimetric data and change the funding source from Capital Replacement Fund to the Storm Water Management Fund. Attached: 1. Agreement. 2. Bid Tabulation. 3. CIP Item Sheet. 3. Aerial Photo example. 4. Planimetric example. G:\ENG\PUBLIC\PWI25C - arial phms markhurJ\040105 award contracLdoc PROFESSIONAL SERVICES AGREEMENT PROJECT NAME: Chanhassen Planimetric Base Mapping Project (hereafter "Project") MARKHURD Project Number: 4050208.01 (The Project is more fully described in following pages attached hereto.) This Agreement is by and between: City of Chanhassen (hereafter "Client") 700 Market Boulevard Chanhassen, MN 55317 and, MARKHURD (hereafter "MARKHURD") 13400 68th Avenue North Maple Grove, MN 55311-3515 Who agree as follows: Client hereby engages MARKHURD to perform the services described in Part I ("Services") and MARKHURD agrees to perform the services for the compensation set forth in Part m. MARKHURD shall be authorized to commence the services upon execution of this Agreement and receipt of authorization to proceed from Client. Client and MARKHURD agree that this signature page, together with Parts I-IV and attachments referred to therein, constitute the entire agreement between them relating to the Project ("Agreement"). Actual performance of this Agreement by MARKHURD shall be contingent upon the execution of an Agreement (hereafter Primary Agreement) between Carver County, Minnesota (hereafter Owner) and MARKHURD. In the event an agreement cannot be reached between the subject parties, then MARKHURD shall be entitled to renegotiate the scope of services to be performed under this agreement along with an adjustment in compensation. APPROVED FOR CLIENT APPROVED FOR MARKHURD By: By: Title: Title: Date: Date: 1 Copyright 2005 by MARKHURD PART I MARKHURD'S RESPONSmILITIES A. GENERAL The specifications as detailed in the Client's Scope of Work for the Acquisition of Aerial Photography, LiDAR and Digital Orthophotography (see Attachment A), along with the project approach as submitted by MARKHURD and described in SECTION 2. TECHNICAL APPROACH and PROJECT WORK PLAN of said document (see Attachment B), shall be the basis for the performance of this Agreement. In the event of a conflict between the aforementioned documents, the technical and alternate methodologies section mentioned herein shall take precedence. Project Area Our understanding of the Project area is defined as the political boundary of the City of Chanhassen, Minnesota.. We estimate the area contains approximately 22.7 square miles and includes the City of Chanhassen in its entirety as well as a small area of said City that lies in neighboring Hennepin County. 1. Aerial Photography In conjunction with the Primary Agreement, MARKHURD will acquire new vertical color aerial photography covering the above mentioned Project area. Photography will be exposed with a precision, 4.724 focal length digital mapping camera at a negative scale of approximately I" = 1,058'. Consecutive photographs in each flight line shall have an average forward overlap of 60 percent. Sidelap between adjacent parallel flight lines shall have an average of 30 percent. Color digital orthophotography will be produced from this imagery. In conjunction with the photo mission, MARKHURD will collect ABGPS data at the center of each exposure station. This information will be combined with the Owner furnished control during the areotriangulation process 2. Analytical Aerotriangulation Upon completing the processing of the image acquired from the DMC and receipt of the Owner furnished ground control, MARKHURD (under the Primary Agreement) will prepare a fully analytical aerotriangulation solution to establish supplemental control for orienting individual photogrammetric stereo-models covering the subject Project. All field control 2 Copyright 2005 by MARKHURD ;, locations and pass points will be measured during the AT process. Point measurements will be accomplished on one of our Intergraph Z-III softcopy stereoplotters. The results will be processed using Intergraph Softcopy Aerotriangulation (ISA T) software. 3. Planimetric Base Map Compilation Planimetric base maps at a scale of I" = 100' will be digitally compiled from the aerial photography on our fIrst order softcopy stereo-plotters. Base map detail will include the features shown on Exhibit A of the Owners Scope of Work to the extent these features are clearly visible on or clearly interpretable from the aerial photographs using standard photograrnmetric processes. MARKHURD specifically takes exception to water hydrants, which will not be visible from the photography being used under the Primary Agreement. Planimetric features will be collected in a 2D mode. B. DELIVERABLES Items to be delivered under this agreement are: # One set of digital planimetric base map features on DVD in ArcExport and AutoCAD 2004 formats. The above deliverables will be provided in both the Carver County Coordinate System and UTM Zone 15 Coordinate System.. C. PROJECT SCHEDULE The planimetric feature collection task will be scheduled upon receipt of an executed copy of this agreement or completion of the analytical aerotriangulation task (to be completed under the Primary Agreement with Owner). We estimate that delivery of the mapping documents described in Part I. A. will be made within five months after completion of the analytical aerotriangulation. 3 Copyright 2005 by MARKHURD D. MAP ACCURACY Final mapping documents delivered pursuant to the Agreement, where applicable, shall comply with the standards of accuracy as stated in the National Standard for Spatial Data Accuracy (NSSDA) reporting standards. These standards require that 95% of test on well defined positions shall be ± 2.5' of the field survey value. E. ASSUMPTIONS/CONDITIONS This Agreement is subject to the following assumptions/conditions: MARKHURD's cost estimate, is in part based on the assumption that the Project Area as described herein, is accurate. This is your notice that our cost estimate is a firm figure only when this assumption is valid. Therefore, it is the Client's responsibility to review the Project Area for exactness (outlined on the document mentioned in Part I. A. "Project Area") and notify MARKHURD of any changes prior to the execution of this Agreement. F. REPRESENTATIVE Miles Strain, project manager, and Marvin Miller, vice president / principal in charge, will represent MARKHURD during the performance of the services to be provided under this agreement. Each has the authority to transmit and receive instructions, and make decisions with respect to the services. Mr. Strain is authorized to commit the necessary resources towards completing the services described herein. G. OWNERSIDP OF DATA Client agrees that except for the deliverables listed in PART 1. B. of this agreement, all data and/or documents created by MARKHURD during the performance of this Agreement shall be the sole property of the Owner and/or MARKHURD. 4 Copyright 2005 by MARKHURD ; PART II CLIENT'S RESPONSmILITIES Client, at its expense, shall do the following in a timely manner so as not to delay the services to be performed by MARKHURD. A. INFORMATIONIREPORTS Client agrees to furnish MARKHURD with information and/or reports as identified by MARKHURD project manager. B. REPRESENTATIVE Designate a representative for the Project who shall have the authority to transmit instructions, receive information, interpret and define Client's policies and make decisions with respect to the services. C. DECISIONS Provide all criteria and full information as to Client requirements for the Project, obtain (with MARKHURD's assistance, if applicable) necessary approvals and permits, attend Project related meetings, provide interim reviews on an agreed-upon schedule, make decisions on Project alternatives, and generally participate in the Project to the extent necessary to allow MARKHURD to perform the services. D. INSPECTION OF MAPPING DOCUMENTS AND NOTICE OF NON- CONFORMANCE Upon delivery, the Client shall promptly inspect all mapping documents furnished by MARKHURD. Prompt written notice shall be given by the Client to MARKHURD if the Client becomes aware that the services do not conform to the standards stated in this agreement. To allow MARKHURD the opportunity to cure any non-conformance, notice shall be given within seven calendar days of discovery. Client will not conduct or permit any design, development or construction in reliance upon any data furnished by MARKHURD unless such data are first verified by the Client. Any 5 Copyright 2005 by MARKHURD , noncompliance by the Client with this provision shall automatically render null and void MARKHURD's LIMITATIONS OF LIABILITY stated in PART IV of this agreement. 6 Copyright 2005 by MARKHURD PART III COMPENSATION, BILLING, AND PAYMENT MARKHURD's charge for the services described in PART I shall be a lump sum of $50,860.00. B. PAYMENT TERMS AND CONDITIONS Fees, as stated, shall remain in effect until April 15, 2005. If acceptance occurs after this date, we reserve the right to revise our fee and resubmit this agreement (in whole or in part) based on the present conditions. MARKHURD will at a minimum, submit monthly invoices for the percentage of the work completed during the billing period. Terms of payment will be net due 30 days from the date of invoice. MARKHURD and Client agree that the maximum amount billable during the 2005 calendar year shall not exceed $22,230.00. MARKHURD will submit a final invoice for services rendered in the amount of $28,630.00 on January I, 2006 with said invoice being due upon receipt. Unless Client provides MARKHURD with a written statement of any objections to the invoice within 15 calendar days from the date of invoice, Client shall be deemed to accept the invoice as submitted. 7 Copyright 2005 by MARKHURD PART IV STANDARD TERMS AND CONDITIONS 1. STANDARD OF CARE. Services shall he performed in accordance with the standard of professional practice ordinarily exercised by the applicable profession at the time and within the locality where the Services are performed. Professional services are Dot subject to, and MARKHURD cannot provide. any warranty or guarantee, express or implied, including warranties or guarantees contained in any uniform commercial code. Any such warranties or guarantees contained in any purchase orders, requisitions or notices to proceed issued by Client are specifical1y objected to. 2. CHANGE OF SCOPE. The Scope of Services set forth in this Agreement are based on facts known at the time of execution of this Agreement, including, if applicable, information supplied by Client. For some projects scope may not be fully defmahle during initial phases. As the project progresses, facts discovered may indicate that scope must be redefined. MARKHURD will promptly provide Client with an amendment to this Agreement to recognize such change, which shall be deemed approved if not objected to within 15 days of receipt by Client. 3. SAFETY. MARKHURD has established and maintains corporate programs and procedures for the safety of its employees. Unless specifically included as a service to be provided under this Agreement, MARKHURD specifically disclaims any authority or responsibility for general job site safety and/or the safety ofpersons other than MARKHURD employees. 4. DELAYS. If events beyond the conttol of Client or MARKHURD, including. but not limited to, fire, flood, explosion, riot, strike, war, process shutdown, act of God or the public enemy, and act or regulation of any government agency, result in delay to any schedule established in this Agreement, such schedule shall be amended to the extent necessary to compensate for such delay. In the event such delay exceeds 90 days, MARKHURD shall be entitled to an equitable adjustment in compensation. In the event MARKHURD is delayed by Client and such delay exceeds 30 days, MARKHURD shall be entitled to an extension of time equal to the delay and an equitable adjustment in compensation. 5. TERMINA TIONISUSPENSION. Either party may terminate this Agreement upon 30 days written notice of the other party. Client shall pay MARKHURD for all ServiCes, including profit relating thereto, rendered prior to termination, plus any expenses of termination. In the event either party defaults in its obligations under this Agreement (including Clients's obligation to make the payments required hereunder), the non-defaulting party may, after 7 days written notice stating its intention to suspend perfonnance under the Agreement if cure of such default is not commenced and diligently continued, and failure of the defaulting party to commence cure within such time limit and diligently continue, suspend performance under this Agreement. 6. INSURANCE. MARKHURD will maintain insurance coverage for Professional, Comprehensive General, Automobile, Worker's Compensation, and Employer's Liability in amounts in accordance with legal, and MARKHURD's business, requirements. Certificates evidencing such coverage will be provided to Client upon request. 7. INDEMNITIES, To the fullest extent permitted by law, MARKHURD shall indemnify and save harmless Client from and against loss. liability, and damages sustained by Client, its agents, employees, and representatives by reason of injury or death to persons or damage to tangible property to the extent caused directly by the willful misconduct or failure to adhere to the standard of care described in Paragraph 1 above of MARKHURD, its agents or employees. 8. LIMITATIONS OF LIABD..ITY. To the fullest extent permitted by law, MARKHURD's total liability to Client for any and all injuries, claims, losses, expenses or damages whatsoever arising out of or in any way related to the Project or this Agreement from any causes including, but not limited to, MARKHURD's negligence, errors, omissions, shict liability, or breach of contract shall not exceed, (a) the total compensation received by MARKHURD under this Agreement, or (b) re-performance of the defective services by MARKHURD at no cost to Client, or (c) MARKHURD's limits for liability insurance. No employee or agent of MARKHURD shall have individual liability to Client. IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL MARKHURD BE LIABLE TO CLIENT FOR CONSEQUENTIAL, INCIDENT AI., INDIRECT, SPECIAL, OR PUNITIVE DAMAGES. 9. ACCESS. Client shall provide MARKHURD safe access to any premises necessary for MARKHURD to provide the Services. 10. OWNERSIDP AND REUSE OF PROJECT DELlVERABLES. All documents furnished by MARKHURD to Client are instruments of Service and shall remain the property of Owner. These documents include, but are not limited to, positive or negative f11m, contact prints and enlargements of aerial photography, electtonic imagery, maps, inked tracings, andlor all other visual impressions, whether recorded and/or delivered magnetically, electronically, optically or otherwise. Reuse of any documents or other deliverables, including electtonic media. pertaining to the Project by Client for any purpose other than which such documents or deliverables were originally prepared, or alteration of such documents or deliverables without written verification or adaptation by MARKHURD for the specific purpose intended, shall be at the Client's risk. Client agrees to hold harmless MARKHURD from all claims arising out of such reuse or alteration by Client. 11. AMENDMENT. This Agreement, upon execution by both parties hereto, can be amended only by a written instrument signed by both parties. 12. ASSIGNMENT. Except for assignments (a) to entities which conttol or are conttolled by, the Parties hereto or (b) resulting from operation of law, the rights and obligations of this Agreement cannot be assigned by either party without written permission of the other party. This Agreement shall be binding upon and inme to the benefit of any permitted assigns. 13. PREY All.ING PARTY LITIGA nON COSTS, In the event any actions are brought to enforce this Agreement, the prevailing party shall be entitled to collect its litigation costs from the other party. 14. NO WAIVER. No waiver by either party of any default by the other party in the performance of any particular section of this Agreement shall invalidate any other section of this Agreement or operate as a Waiver of any future default, whether like or different in character. 15. NO TIDRD-PARTY BENEFICIARY. Nothing conwned in this Agreement, nor the performance of the parties hereunder, is intended of benefit, nor shall insure to the benefit of, any third party, including Client's contractors, if any. 16. SEVERABILITY. The various terms, provisions and covenants herein contained shall be deemed to be separate and severable, and the invalidity or unenforceability of any of them shall not affect or impair the validity or enforceability of the remainder. 17. AUmORlTY. The persons signing this Agreement warrant that they have the authority to sign as, or on behalf of, the party for whom they are signing. AGRMASTERlPROFSERV,TC March 2, 2004 BIDS RECEIVED FOR SERVICES MD ATLANTIC MARTINEZ 'HORIZONS MARKHURD Color Aerial Photography $42,885.00 $31,705.00 $31,650.00 Digital Color 6" Orthophoto Image Flies $77,642.00 $48,990.00 $45,000.00 $36,625.00 Color Photo Ortha-Mosaic $3,100.00 $300.00 $2,500.00 $2,430.00 LlDAR Data Acquisition $93,785.00 $136,875.00 $140,625.00 $121,655.00 DTM and 2' Contour Flies $89,590.00 $42,480.00 $162,875.00 $68,900.00 TOTAL $307,002.00 $260,350.00 $351,000.00 $261,260.00 CHANHASSEN PLANIMETRICS $41,298.00 $11,262.00 $40,200.00 $50,860.00 . Horizons Cost Proposal Sheet differs from the other Cost Proposal Sheets resulting in a different breakdown of pricing ,1 · Capital Improvement Program 2005 thru 2009 City of Clumhossen, MN Project # EQ-OS5 Project 1'1.... Aerilll Photography for City GIS Dawets Coataet · ~t ~Bquipmmt Tnd.). Value Type h..,.v...anm.t V_I ur. Cate&ol'7 Adminú1ntiœ .....rlty DI. I . Total Project Cost $'IO,DOO · D.crlptúIlt . project ftmds the acriaI p~ ror inlqratian with the âtinl GIS -. 1biJ project iJ dependent _ the _Iiœ orCamr County GIS ..... The county is coardinalÙlJ. ~ oliM OIItire county...... The ftmds roqueoœd.... the eatimated city's portion olthe OIItire project. Camr County not lllticipate that a ~ .....kI·bo done until 2005. The 535,000 iJ the amount requested &om Chanhusc:n as part olthe cancelled 2003 """"ty project. · · .TII#IjIcIrIúJ1t 'ty PIamm, Bngin....llld Utitity stafI'_tIús de1a in COIÙunctiœ with other GIS _ to boIp _ _bicaI i_ with nsiclents, ond con_ '!bout repeated site vilill. n has IIso _'-1 to the police IIId fino doparlmOllllwben _I.... _bea!'or _1_. The exillinl oerial .. over ten yeas old. Some oerial data .... made ...ilable to the City &om other-. but at. _ resoluliœ !bon is neoded. Expenditures Malntenanco 2005 35.000 TtItIIl 35,000 2006 2007 2008 35.000 35,000 2009 Total 70,000 70,000 · ( , ~ · ~ Funding Sources Capital Replacement Fund TtItIIl 2005 35.000 35,000 2006 2007 2008 35.000 35,000 2009 Total 70.000 70,000 Opøøtiøllllll1aptlctlOtlwr 48 ..... 21 or 40 )¡.,". '~. Aerial Photo Example ~~..:_:...; -::.L~~~ '1 Planimetric Example -.~ (~~~~- ) , , o ! 1''\ \ \ I ( ) \ I " \) +C; o ~- J ~- \ " ~.~(n¡-l. r/--"/' 'c ',J r I 'of ( /-" + , } c;; ,r_·~-~. -J-ì iìl/ ~) x -----~----------- - -- ""\ I ", _ /~//~------J !-\ + / -_// (~~------\ \- J/\// , \ '-. i ) ® \ \ V "',/~' ... /- "'-" , 'J \ . . 'Hi '-. o