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R-01-02-22-10B2 - 2/22/2001RESOLUTION NO. R- 01- 02- 22 -10B2 WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A., authorizes local governments and agencies of the state to enter into agreements with one another to perform governmental functions and services, and WHEREAS, the City of Round Rock wishes to enter into an Interlocal Contract for Orthophotography with the Capital Area Planning Council for the 2001 Air Photo Mapping Project Update, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City said Interlocal Contract for Orthophotography, a copy of same being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 22nd day of February, 001. AT EST: E LAND, City Secretary K:\ WPDOCS \RESOLUTI \R1032222.WPD /e, RO 'T A. STLUKA, J , Mayor City of Round Rock, Texas CAPITAL AREA PLANNING COUNCIL INTERLOCAL CONTRACT FOR ORTHOPHOTOGRAPHY Art. 1. Parties and Purpose 1.1. The Capital Area Planning Council ( "CAPCO ") is a regional planning commission and political subdivision of the State of Texas organized and operating under the Texas Regional Planning Act of 1965, as amended, chapter 391 of the Local Government Code. 1.2. The City of Round Rock (the "City ") is a Texas home -rule municipality that is seeking to obtain orthophotography mapping services. 1.3. CAPCO has contracted with Analytical Surveys, Inc. ("ASI ") to provide orthophotography services. This contract is entered into between CAPCO and the City under chapter 791 of the Govemment Code so that the City can contribute to the cost of CAPCO's contract with ASI and ASI can provide the City with additional orthophotography mapping. Art. 2. Goods and Services 2.1. CAPCO agrees to furnish the City the orthophotography mapping prepared by ASI for the City under its contract with CAPCO. The orthophotography mapping specifications and timetable for delivery are described in the Attachment to this contract. Art. 3. Contract Price and Payment Terms 3.1. The City agrees to compensate CAPCO in the total amount of not to exceed $200,000 for goods and services fumished the City under this contract. The City represents that it has current revenues available on the effective date of this contract to make all payments required by this contract. 3.2. The City agrees to pay CAPCO the total contract price in the following installments: (1) $ 40,000.00 for ASI's startup costs upon the effective date of this contract. (2) $ 180,000.00 as work is completed and invoiced. 3.3. CAPCO agrees to invoice the City for the payments when due under paragraph 3.2, and the City agrees to pay CAPCO the invoiced amount within 30 calendar days from the date of the invoice. Art. 4. Effective Date and Term of Contract 4.1. This contract takes effect on the date it is signed on behalf of CAPCO and it ends, unless sooner terminated under Art. 6, on August 31, 2001. 7.4. The parties agree to continue performing their duties under this contract, which are unaffected by the dispute, during the negotiation and mediation process. Art. 8 Notice to Parties 8.1. Notice to be effective under this contract must be in writing and received by the party against whom it is to operate. Notice is received by a party: (1) when it is delivered to the party personally; (2) on the date shown on the retum receipt if mailed by registered or certified mail, return receipt requested, to the party's address specified in paragraph 8.2 and signed on behalf of the party; or (3) three business days after its deposit in the United States mail, with first -class postage affixed, addressed to the party's address specified in paragraph 7.2. 8.2. CAPCO's address is 251211 -I -35, South, Suite 220, Austin, TX 78704, Attention: Betty Voights, Executive Director. The City's address is Austin , Texas Attention: 8.3. A party may change its address by providing notice of the change in accordance with paragraph 8.1. Art. 9. Miscellaneous 9.1. Each individual signing this contract on behalf of a party warrants that he or she is legally authorized to do so and that the party is legally authorized to perform the obligations undertaken. 9.2. This contract states the entire agreement of the parties, and an amendment to it is not effective unless in writing and signed by all parties. 9.4. This contract is binding on and inures to the benefit of the parties' successors in interest. 9.5. ASI is a third -party beneficiary of this contract. 9.6. This contract is executed in duplicate originals. CITY OF ROUND ROCK, TEXAS CAPITAL AREA PLANNING COUNCIL By By Betty Voights Executive Director Name Date Title Date 3 Art. 5. Nondiscrimination and Equal Opportunity 5.1. CAPCO and the City shall not exclude anyone from participating under this contract, deny anyone benefits under this contract, or otherwise unlawfully discriminate against anyone in carrying out this contract because of race, color, religion, sex, age, disability, handicap, or national origin. Art. 6. Early Termination of Contract 6.1. If CAPCO or the City breaches a material provision of this contract, the other may notify the breaching party describing the breach and demanding corrective action. The breaching party has five business days from its receipt of the notice to correct the breach, or to begin and continue with reasonable diligence and in good faith to correct the breach. If the breach cannot be corrected within a reasonable time, despite the breaching party's reasonable diligence and good faith effort to do so, the parties may agree to terminate the contract or either party may invoke the dispute resolution process of Art. 7. 6.2. If the City fails to pay CAPCO the full contract price set out in paragraph 3.1, CAPCO and ASI jointly own with the City any goods and services provided the City but not paid for. Joint ownership of these goods and services is automatically established among CAPCO, ASI, and the City at the time of termination for nonpayment under paragraph 6.1 and continues until ASI is paid in full for the goods and services provided, at which time the City becomes the sole owner of the goods and services. 6.3. Termination for breach under paragraph 6.1 does not waive either party's claim for damages resulting from the breach, Art. 7. Dispute Resolution 7.1. The parties desire to resolve disputes arising under this contract without litigation. Accordingly, if a dispute arises, the parties agree to attempt in good faith to resolve the dispute between themselves. To this end, the parties agree not to sue one another, except to enforce compliance with this Art. 7, until they have exhausted the procedures set out in this Article. 7.2. At the written request of either party, each party shall appoint one nonlawyer representative to negotiate informally and in good faith to resolve any dispute arising under this contract. The representatives appointed shall determine the location, format, frequency, and duration of the negotiations. 7.3. If the representatives cannot resolve the dispute within 30 calendar days after the first negotiation meeting, the parties agree to refer the dispute to the Dispute Resolution Center of Austin for mediation in accordance with the Center's mediation procedures by a single mediator assigned by the Center. Each party shall pay half the cost of the Center's mediation services. 2 ATTACHMENT: DESCRIPTION OF GOODS AND SERVICES AND TIMETABLE 4 Reference Original Proposal New Proposal Cover Letter and Section 1.3 Covered 2,200 Miles Covers —82 miles of the City Only Executive Summary Open to all CAPCO member entities Restricted to only the City of Round Rock Executive Summary; Section 1.4.1; Section 2.1 ESRI v.8.01 design services and Consulting Not included Executive Summary; Section 1.4.3; Section 1.5.4 and Section 2.3 Permanent Control Monuments (HARN) Photo identifiable control as needed to supplement the AGPS control and control report only Executive Summary; Section 1.4.8; Section 1.5.15 and Section 2.7 Update /enhancement of planimetric features List only includes those features highlighted in Attachment #2; no database design services. The data will be delivered in seamless area -wide coverages in Arclnfo which will be translated into tiled AutoCAD 2000 .DWG files (2500' x2500') after acceptance. Section 1.4.9; Section 1.5.14 and Section 2.7 Update of topography As per Attachment #2; no database design services; one set ofcheckplots that will include planimetric data. The data will be delivered in seamless area -wide February 12, 2001 Page 2 Attachment #1 Amended Proposal for Digital Orthophotography and Planimetric Mapping Update and Enhancement Services Revised 02/12/01 February 12, 2001 Page 3 coverages in ArcInfo which will be translated into tiled AutoCAD 2000 .DWG files (2500' x2500') after acceptance. Executive Summary; Section 1,4.10, Section 1.5.5; Section 1.5.12; Section 1.5.16 and Section 2.11 3D data and true orthos Not included Executive Summary; Section 1.4.12; Section 1.5.17 and Section 2.12 IDB or MrSID software IDB included; MrSID is included from the .5' pixel base resolution imagery in 2500' x 2500' tiles. Executive Summary; Section 1.4.11; Section 1.5.19 and Section 2.14 Mobil terrestrial photogrammetry Not included Executive Summary; Section 1.4.13; Section 1.5.18 and Section 2.13 CD -based system of public information dissemination Not included Section 1.4.4; Section 1.5.9 and Sections 2.4.6 -7 Three (3) sets of black and white or color contact prints One (1) set of color photo indexes One set of black and white or color contact prints (trimmed) Two sets of hardcopy indexes of the aerial photography and the digital and the prints used in production Not included. One set of scanned images of photo exposures is included. Section 1.5.1 3D Analyst version 1.0 and integrate with Intergraph GeoMedia compliant Not included February 12, 2001 Page 3 Section 1.5.2 Metadata Not included Section 1.5.3 Control panels Not included; all control will be photo identified after flight Section 3.2 Primary Contact for ASI Corporate: Mr. John Dillon Primary contact is now Mr. Eric DesRoche Section 4 Price Sheet Replaced in its entirety by Attachment #3 February 12, 2001 Page 4 February 12, 2001 Page 5 Attachment #3 Amended Price Sheet for Revised Scope of Services Revised 02/12/01 ASI will perform the scope of services included in its' Proposal, as amended, for the firm fixed fee of two hundred twenty thousand United States dollars ($220,000.00) Conditions 1. ASI shall be free and unencumbered to utilize the services of its preferred Business Partners and/or qualified S/M/W/D owned business suppliers as necessary to meet its obligations under the proposed contract. 2. The City will provide ASI with all requested digital and hardcopy materials from the 1997 mapping contract within thirty (30) days of request. 3. A contract for these services, under these conditions must be executed on or before February 28, 2001. The City will agree to issue a Notice to Proceed with the acquisition of aerial photography immediately upon the authorization of the CAPCO Executive Committee to enter into this contract. The Notice to Proceed will include a commitment to pay for the aerial photography even if the Inter -local Agreement between the City and CAPCO and/or between CAPCO and ASI are not concluded for any reason. 4. Upon contract execution, ASI shall invoice CAPCO and CAPCO shall in tum invoice the City in the amount of forty thousand dollars ($40,000.00) to cover the costs of aerial photography acquisition, airborne GPS acquisition/support and related administrative expenses. Payment terms of the City to CAPCO are NET30 upon receipt of invoice by the City. Payment terms of CAPCO to ASI upon receipt of payment from the City are NET3 business days. 5. ASI shall invoice the CAPCO who in turn shall invoice the City monthly thereafter as a percentage complete for work performed on each major task identified in the Proposal, as amended. Payment terms of the City to CAPCO are NET30 upon receipt of invoice by the City. Payment terms of CAPCO to ASI upon receipt of payment from the City are NET3 business days. 6. ASI shall perform the services and deliver all identified goods and services within six months or less of a successful photography acquisition. 7. ASI warrants and covenants to the City /CAPCO that all goods and services delivered by ASI and its subcontractors, and agents shall be produced and performed in a skillful February 12, 2001 Page 6 and workmanlike manner and shall comply with the specifications for said goods and services. ASI warrants that the products and services provided shall be free from defects in material and workmanship, as set forth in the specifications contained herein for a period of one (1) year after Project delivery. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE WITHIN THIS PROPOSAL, AS AMENDED, ASI MAKES NO WARRANTIES WITH REGARD TO THE GOODS AND SERVICES, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY AND ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY AND ALL WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. ASI provides no warranty with respect to latent defects in the goods and services, the discovery of which may elude detection by the exercise of ordinary and reasonable care, which ASI agrees to employ. ASI represents and warrants that to the best of its knowledge neither the goods and services nor their use by the City shall infringe upon or violate any third party rights in any patent, copyright, trademark, trade secret or other proprietary right of any third party. 8. In no event shall ASI, its employees, officers, directors, or agents or any subcontractor or supplier of ASI, be liable for any direct, indirect, special, incidental, consequential loss or damages resulting or arising from the loss of use, data, property, equipment, goodwill or profits, increased costs, claims or damages of customers of the City or CAPCO. Furthermore, the total cumulative liability of ASI and its subcontractor's and suppliers to the City and/or CAPCO arising from the failure to provide goods and services shall not exceed the firm fixed price quoted herein. 9. Deliverable Unit shall be defined as a uniformly dimensioned unit of area that is defined in the Database Design into which the geographic area covered by the Project shall be partitioned for the purposes of delivery. Each such unit may contain numerous differentiated layers of features. 10. Errors shall be defined categorically as instances of: • failure to include any significant terrain feature that is visible on the aerial photography. • failure to correctly position any graphical topographic feature that is visible on the aerial photography or required per the Database Design • failure to provide accurate non - graphical contour elevation information required per the Database Design 11. Error Rate shall be defined as follows (a) the total number of graphical elements contained in all of the coverages within each Deliverable Unit combined with the total February 12, 2001 Page 7 number of individual attribute fields in each data record in each of the defined feature categories contained in the Database Design shall constitute the denominator of the equation, and (b) the total number of any Errors, as defined above, shall constitute the numerator of the equation. Dividing the numerator by the denominator shall provide the Error Rate for the Deliverable Unit. 12. Review Periods 12.1 City Review Period City shall have thirty (30) days after delivery in which to review the Deliverable Units. The Deliverable Units shall be deemed accepted, by default, in the absence of ASI receiving written notification within such thirty (30) day period of a Deliverable Units' having exceeded the specified Error Rate. 12.2 ASI Review Period ASI shall have fifteen (15) days after receipt of evidence of any Deliverable Unit having exceeded the Error Rate in which to contest such determination by City. ASI shall be deemed to have accepted City's determination in the absence of City receiving written notification within such fifteen (15) day period of ASI's intent to contest City's determination. 12.3 ASI Redelivery Period Upon the conclusion of the fifteen (15) day ASI Review Period, ASI shall, unless it has elected to contest the City's rejection, have fifteen (15) additional days to correct and redeliver the Deliverable Unit(s) to City for reconsideration. 12.4 City Redelivery Review Period Upon receipt of redelivered Deliverable Unit(s) from ASI, the City shall have thirty (30) Days to review said redelivery. The Deliverable Units shall be deemed accepted, by default, in the absence of ASI receiving written notification within such thirty (30) day period of a Deliverable Units' having exceeded the specified Error Rate. February 1, 2001 Page 4 Attachment #2 Proposed 2001 Mapping Schema Features that will be updated/added in 2001 are highlighted below FC FEATURE DESCRIPTION 3 4 5 67 8 9 0 LV WT LC CO CELL NOTES IMPERVIOUS SURFACES 1 2 3 4 6 10 Paved Road Paved Parking Paved Driveway Sidewalks Median Paved Alley x x x x x 1 3 6 8 1 6 2 1 1 0 2 1 0 0 0 0 0 0 4 36 3 112 10 16 Edge of pavement. 10 cars or more No parking islands. 11/10/97 >150' Adjacent to public streets only >10' UNPAVED SURFACES 15 19 20 Unpaved Road Unpaved Alley Hike & Bike Trail Centerline x x x x x x x x x x x 2 7 5 2 1 0 3 3 2 21 67 100 Graded, Maintained, Public. STRUCTURES 32 31 Building Outbuilding x x x x x x I 10 3 0 33 OUTBLD Digitize clockwise. Will some in Irom existing file. Add >100 sq. ft. Commercial i1>4000 sq. ft., however APS identify these. <100 SO. FT. all new ones. will 42 Water Tower x WTOWER 43 Commercial Storage Tanks x TANK 286 Building Spot Height x NCSPOT Place on all buildings in the Capital View Corridor. Outside CVC, all buildings >6 stories only. 53 Public /Commercial Pools x POOL >100 sq. ft.. BARRIERS 60 Fence x x 20 1 0 13 Only between lanes. 65 Jersey Barrier x x 20 1 0 90 Only between lanes. 66 Wall x x x 20 1 0 223 Only between lanes, 69 Single Guard Rail x x 20 1 0 190 Only between lanes. Digitize with road to the left. City of Round Rock 2001 Plan/Topo Update Proposed Schema Attachment #2 Page 1 2/1/01 City of Round Rock 2001 Plan/Topo Update Proposed Schema Attachment #2 Page 2 2/1/01 ELECTRIC UTILITIES 115 Major Electricl Transmission 13 1 3 159 116 Radio Tower x RADIO 117 Microwave Transmitter x ANT 120 Transmission Tower x TT Digitize center if 4 legged. HYDROLOGIC FEATURES 137 138 139 146 136 149 151 145 Lake River Drain Pond (Lake /Pond Centerline Concrete Drain: Hidden Drain Low Water Crossing x x x x 1 x 23 23 24 23 231 22 24 1 1 0 1 11 0 0 6 6 6 6 61 0 2 139 154 200 155 1641 91 200 SPRINK Straight line in special cases. > 5 acres. Straight line in special cases. High to Low. Colorado Islands > 1 acre. High to Low. Digitize as single line only. > 1 acre. Digitize through water bodies. High to Low. This is the structure. Digitize the boundary. Connects drains under roads. If culvert symbol exists, do not digitize hidden drain. If culvert can't be seen, digitize hidden drain only. @ Pedernales only. L Where water runs over a road naturally. HYDROLOGIC STRUCTURES 152 153 Bridge Dam x x x x x x x x 21 21 1 1 0 0 11 26 Compile Clockwise. Do Not Close! Leave one end open. All darns including earthen. 154 156 158 Pier Culvert(spans road) Boat Ramp x x x x 21 21 1 1 0 0 72 88 Digitize point on each side of road no matter how big headwall may be. 162 Docks x x 21 1 0 27 OBSURRED AREAS 169 Dashed contour outline 1 1 x 111111111_ x 59 5 1 3 1 54 1 1 Digitize in a clockwise manner. Must close and go back to original pt. when at job boundary. 1 City of Round Rock 2001 Plan/Topo Update Proposed Schema Attachment #2 Page 2 2/1/01 City of Round Rock 2001 Plan/Topo Update Proposed Schema Attachment #2 Page 3 2/1/01 DISTURBED AREAS 180 Gravel /Sand Pits x x 19 0 2 177 185 Landfill x x 19 0 2 113 190 Quarry x x 19 0 2 179 MISC. LAND USE 192 Golf Course Outline x x 29 0 2 52 198 Playground x PBOX All playgrounds will get a single point somewhere in the middle. 199 Ball Fields /Recreation x x 30 0 0 135 Capture as a polygon tennis courts, basketball courts, baseball /football fields, school track fields, etc,. 204 Open Storage x 4 1 3 85 Shows other impervious surfaces, Generally areas that are not used for parking in commercial sites but used to store equipment. RAILROADS 211 Railroad Centerline x x 15 0 0 42 AIRPORTS 223 Runway/Taxiway x x x 16 2 0 34 Polygon Feature. BOUNDARY LINES 252 Job Boundary x x x 59 5 0 123 Compile if Orthos Required. 261 Model Neatline x 63 1 0 0 Capital View Corridor x This should some in as a digital file. Do not digitized City of Round Rock 2001 Plan/Topo Update Proposed Schema Attachment #2 Page 3 2/1/01 City of Round Rock 2001 Plan/Topo Update Proposed Schema Attachment #2 Page 4 2/1/01 TOPOGRAPHY 265 266 CIP Spot Height Non CIP Spot Height x I I 1 x Ix I 1 1 I I SPOTX NCSPOT 267 268 270 271 273 282 283 Water Spot Height DTM Check Point (GOOD) Mass Point Breakline Sharp Ridgeline Contour Breakline Extrema Breakline x x x x x '� x x 56 56 56 56 0 0 0 0 1 3 5 4 0 0 0 0 WLSPOT DTMG MASSP Use along Smooth Slopes. Maintain Constant Elevation. Road Crowns Only! 310 Operator ID (ALL) x 62 0 0 0 Operator Name as text, Notes: 1 Plan /topo data collected in previous mapping projects will be provided by customer 2 Spot requirement as follows: II 'I II Building placement es already stated and. Tops, depressions, isolations, intersections of streets, cul -de sacs. At road centerlines over culverts. 'I 'I Center of bridges. I l l t ll fl 3 All LIDAR dtm editing and planimetric compilation will be performed from 1" =600' neg scale color photograph) City of Round Rock 2001 Plan/Topo Update Proposed Schema Attachment #2 Page 4 2/1/01 February 1, 2001 Page 5 Attachment #3 Amended Price Sheet for Revised Scope of Services ASI will perform the scope of services included in its' Proposal, as amended, for the firm fixed fee of two hundred thousand United States dollars ($200,000.00). Conditions 1. ASI shall be free and unencumbered to utilize the services of its preferred Business Partners and/or qualified S/M/W /D owned business suppliers as necessary to meet its obligations under the proposed contract. 2. The City will provide ASI with all requested digital and hardcopy materials from the 1997 mapping contract within thirty (30) days of request. 3. A contract for these services, under these conditions must be executed on or before February 28, 2001. The City will agree to issue a Notice to Proceed with the acquisition of aerial photography immediately upon the authorization of the CAPCO Executive Committee to enter into this contract. The Notice to Proceed will include a commitment to pay for the aerial photography even if the Inter -local Agreement between the City and CAPCO and/or between CAPCO and ASI are not concluded for any reason. 4. Upon contract execution, ASI shall invoice CAPCO and CAPCO shall in tum invoice the City in the amount of forty thousand dollars ($40,000.00) to cover the costs of aerial photography acquisition, airborne GPS acquisition/support and related administrative expenses. Payment terms of the City to CAPCO are NET30 upon receipt of invoice by the City. Payment terms of CAPCO to ASI upon receipt of payment from the City are NET3 business days. 5. ASI shall invoice the CAPCO who in turn shall invoice the City monthly thereafter as a percentage complete for work performed on each major task identified in the Proposal, as amended. Payment terms of the City to CAPCO are NET30 upon receipt of invoice by the City. Payment terms of CAPCO to ASI upon receipt of payment from the City are NET3 business days. 6. ASI shall perform the services and deliver all identified goods and services within six months or less of a successful photography acquisition. 7. ASI warrants and covenants to the City /CAPCO that all goods and services delivered by ASI and its subcontractors, and agents shall be produced and performed in a skillful and workmanlike manner and shall comply with the specifications for said February 1, 2001 Page 6 goods and services. ASI warrants that the products and services provided shall be free from defects in material and workmanship, as set forth in the specifications contained herein for a period of one (I) year after Project delivery. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE WITHIN THIS PROPOSAL, AS AMENDED, ASI MAKES NO WARRANTIES WITH REGARD TO THE GOODS AND SERVICES, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY AND ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY AND ALL WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. ASI provides no warranty with respect to latent defects in the goods and services, the discovery of which may elude detection by the exercise of ordinary and reasonable care, which ASI agrees to employ. ASI represents and warrants that to the best of its knowledge neither the goods and services nor their use by the City shall infringe upon or violate any third party rights in any patent, copyright, trademark, trade secret or other proprietary right of any third party. 8. In no event shall ASI, its employees, officers, directors, or agents or any subcontractor or supplier of ASI, be liable for any direct, indirect, special, incidental, consequential loss or damages resulting or arising from the loss of use, data, property, equipment, goodwill or profits, increased costs, claims or damages of customers of the City or CAPCO. Furthermore, the total cumulative liability of ASI and its subcontractor's and suppliers to the City and/or CAPCO arising from the failure to provide goods and services shall not exceed the firm fixed price quoted herein. 9. Deliverable Unit shall be defined as a uniformly dimensioned unit of area that is defined in the Database Design into which the geographic area covered by the Project shall be partitioned for the purposes of delivery. Each such unit may contain numerous differentiated layers of features. 10. Errors shall be defined categorically as instances of: • failure to include any significant terrain feature that is visible on the aerial photography. • failure to correctly position any graphical topographic feature that is visible on the aerial photography or required per the Database Design • failure to provide accurate non - graphical contour elevation information required per the Database Design 11. Error Rate shall be defined as follows (a) the total number of graphical elements contained in all of the coverages within each Deliverable Unit combined with the total number of individual attribute fields in each data record in each of the defined feature February 1, 2001 Page 7 categories contained in the Database Design shall constitute the denominator of the equation, and (b) the total number of any Errors, as defined above, shall constitute the numerator of the equation. Dividing the numerator by the denominator shall provide the Error Rate for the Deliverable Unit. 12. Review Periods 12.1 City Review Period City shall have thirty (30) days after delivery in which to review the Deliverable Units. The Deliverable Units shall be deemed accepted, by default, in the absence of ASI receiving written notification within such thirty (30) day period of a Deliverable Units' having exceeded the specified Error Rate. 12.2 ASI Review Period ASI shall have fifteen (15) days after receipt of evidence of any Deliverable Unit having exceeded the Error Rate in which to contest such determination by City. ASI shall be deemed to have accepted City's determination in the absence of City receiving written notification within such fifteen (15) day period of ASI's intent to contest City's determination. 12.3 ASI Redelivery Period Upon the conclusion of the fifteen (15) day ASI Review Period, ASI shall, unless it has elected to contest the City's rejection, have fifteen (15) additional days to correct and redeliver the Deliverable Unit(s) to City for reconsideration. 12.4 City Redelivery Review Period Upon receipt of redelivered Deliverable Unit(s) from ASI, the City shall have thirty (30) Days to review said redelivery. The Deliverable Units shall be deemed accepted, by default, in the absence of ASI receiving written notification within such thirty (30) day period of a Deliverable Units' having exceeded the specified Error Rate. DATE: February 15, 2001 SUBJECT: City Council Meeting — February 22, 2001 ITEM: 10.B.2. Consider a resolution authorizing the Mayor to execute an Interlocal Contract for Orthophotography with the Capital Area Planning Council for the 2001 Air Photo Mapping Project Update. Resource: Joe Vining, Planning Director Aaron Norby, GIS Manager Tom Word, Transportation Engineer History: In 1997, the City of Round Rock entered into an inter -local agreement with CAPCO for production of digital orthophotography. Round Rock and surrounding communities, Austin, Cedar Park, Georgetown, and San Marcos were part of that initial work. Since that time, Austin and Cedar Park have updated their photography under the existing contract. Cedar Park updated last year. The contract for updating the mapping project is still open and the opportunity exists for updating and enhancing that work. Funding: Cost: $200,000.00 Source of Funds: New Programs Outside Resources: The 1997 CAPCO contract and it's benefits. Impact: The city will fund the update process through a FY2001 budgeted new program for digital photography and mapping. Benefit: All city departments are requesting updated photography for use in planning, transportation, public works projects. The new photography and the proposed digital map data will greatly improve the management of city infrastructure. Emergency services, such as Fire and 911 need updated mapping data to assist in reducing response time. Public Comment: None required. Sponsors: Planning and Community Development Department and the Public Works Department Art. 2. Goods and Services CAPITAL AREA PLANNING COUNCIL INTERLOCAL CONTRACT FOR ORTHOPHOTOGRAPHY Art. 1. Parties and Purpose 1.1. The Capital Area Planning Council ( "CAPCO ") is a regional planning commission and political subdivision of the State of Texas organized and operating under the Texas Regional Planning Act of 1965, as amended, chapter 391 of the Local Government Code. 1.2. The City of Round Rock (the "City ") is a Texas home -rule municipality that is seeking to obtain orthophotography mapping services. 1.3. CAPCO has contracted with Analytical Surveys, Inc. ( "ASI ") to provide orthophotography services. This contract is entered into between CAPCO and the City under chapter 791 of the Government Code so that the City can contribute to the cost of CAPCO's contract with ASI and ASI can provide the City with additional orthophotography mapping. 2.1. CAPCO agrees to furnish the City the orthophotography mapping prepared by ASI for the City under its contract with CAPCO. The orthophotography mapping specifications and timetable for delivery are described in the Attachment to this contract. Art. 3. Contract Price and Payment Terms 3.1. The City agrees to compensate CAPCO in the total amount of not to exceed $200,000 for goods and services furnished the City under this contract. The City represents that it has current revenues available on the effective date of this contract to make all payments required by this contract. 3.2. The City agrees to pay CAPCO the total contract price in the following installments: (1) $ 40,000.00 for ASI's startup costs upon the effective date of this contract. (2) $ 180,000.00 as work is completed and invoiced. 3.3. CAPCO agrees to invoice the City for the payments when clue under paragraph 3.2, and the City agrees to pay CAPCO the invoiced amount within 30 calendar days from the date of the invoice. 4.1. This contract takes effect on the date it is signed on behalf of CAPCO and it ends, unless sooner terminated under Art. 6, on August 31, 2001. - Di - 0J- a1 -IG32 Art. 4. Effective Date and Term of Contract r r Art. S. Nondiscrimination and Equal Opportunity 5.1. CAPCO and the City shall not exclude anyone from participating under this contract, deny anyone benefits under this contract, or otherwise unlawfully discriminate against anyone in carrying out this contract because of race, color, religion, sex, age, disability, handicap, or national origin. Art. 6. Early Termination of Contract 6.1. If CAPCO or the City breaches a material provision of this contract, the other may notify the breaching party describing the breach and demanding corrective action. The breaching party has five business days from its receipt of the notice to correct the breach, or to begin and continue with reasonable diligence and in good faith to correct the breach. If the breach cannot be corrected within a reasonable time, despite the breaching party's reasonable diligence and good faith effort to do so, the parties may agree to terminate the contract or either party may invoke the dispute resolution process of Art. 7. 6.2. If the City fails to pay CAPCO the full contract price set out in paragraph 3.1, CAPCO and ASI jointly own with the City any goods and services provided the City but not paid for. Joint ownership of these goods and services is automatically established among CAPCO, ASI, and the City at the time of termination for nonpayment under paragraph 6.1 and continues until ASI is paid in full for the goods and services provided, at which time the City becomes the sole owner of the goods and services. 6.3. Termination for breach under paragraph 6.1 does not waive either party's claim for damages resulting from the breach, Art. 7. Dispute Resolution 7.1. The parties desire to resolve disputes arising under this contract without litigation. Accordingly, if a dispute arises, the parties agree to attempt in good faith to resolve the dispute between themselves. To this end, the parties agree not to sue one another, except to enforce compliance with this Art. 7, until they have exhausted the procedures set out in this Article. 7.2. At the written request of either party, each party shall appoint one nonlawyer representative to negotiate informally and in good faith to resolve any dispute arising under this contract. The representatives appointed shall determine the location, format, frequency, and duration of the negotiations. 7.3. If the representatives cannot resolve the dispute within 30 calendar days after the first negotiation meeting, the parties agree to refer the dispute to the Dispute Resolution Center of Austin for mediation in accordance with the Center's mediation procedures by a single mediator assigned by the Center. Each party shall pay half the cost of the Center's mediation services. 2 7.4. The parties agree to continue performing their duties under this contract, which are unaffected by the dispute, during the negotiation and mediation process. 8.1. Notice to be effective under this contract must be in writing and received by the party against whom it is to operate. Notice is received by a party: (1) when it is delivered to the party personally; (2) on the date shown on the return receipt if mailed by registered or certified mail, return receipt requested, to the party's address specified in paragraph 8.2 and signed on behalf of the party; or (3) three business days after its deposit in the United States mail, with first -class postage affixed, addressed to the party's address specified in paragraph 7.2. 8.2. CAPCO's address is 2512 IH -35, South, Suite 220, Austin, TX 78704, Attention: Betty Voights, Executive Director. The City's address is Austin , Texas Attention: 8.3. A party may change its address by providing notice of the change in accordance with paragraph 8.1. 9.1. Each individual signing this contract on behalf of a party warrants that he or she is legally authorized to do so and that the party is legally authorized to perform the obligations undertaken. 9.2. This contract states the entire agreement of the parties, and an amendment to it is not effective unless in writing and signed by all parties. 9.4. This contract is binding on and inures to the benefit of the parties' successors in interest. 9.5. ASI is a third -party beneficiary of this contract. 9.6. This contract is executed in duplicate originals. CITY OF ROUND ROCK, TEXAS • At id s Name ea(3 7' Q 672zheI . Title mp y 041 Date 4-,L,2(g -01 Art. 8 Notice to Parties Art. 9. Miscellaneous CAPITAL AREA PLANNING COUNCIL 3 By Betty Voigh Executive Director , a -I) Date p 6 ATTACHMENT: DESCRIPTION OF GOODS AND SERVICES AND TIMETABLE 4 Reference Original Proposal New Proposal Cover Letter and Section 1.3 Covered 2,200 Miles Covers —82 miles of the City Only Executive Summary Open to all CAPCO member entities Restricted to only the City of Round Rock Executive Summary; Section 1.4.1; Section 2.1 ESRI v.8.01 design services and Consulting Not included Executive Summary; Section 1.4.3; Section 1.5.4 and Section 2.3 Permanent Control Monuments (HARN) Photo identifiable control as needed to supplement the AGPS control and control report only Executive Summary; Section 1.4.8; Section 1.5.15 and Section 2.7 Update /enhancement of planimetric features List only includes those features highlighted in Attachment #2; no database design services. The data will be delivered in seamless area -wide coverages in Arclnfo which will be translated into tiled AutoCAD 2000 DWG files (2500' x2500') after acceptance. Section 1.4.9; Section 1.5.14 and Section 2.7 Update of topography As per Attachment #2; no database design services; one set of checkplots that will include planimetric data. The data will be delivered in seamless area -wide February 12, 2001 Page 2 Attachment #1 Amended Proposal for Digital Orthophotography and Planimetric Mapping Update and Enhancement Services Revised 02/12/01 February 12, 2001 Page 3 coverages in ArcInfo which will be translated into tiled AutoCAD 2000 .DWG files (2500' x2500') after acceptance. Executive Summary; Section 1.4.10, Section 1.5.5; Section 1.5.12; Section 1.5.16 and Section 2.11 3D data and true orthos Not included Executive Summary; Section 1.4.12; Section 1.5.17 and Section 2.12 IDB or MrSID software IDB included; MrSID is included from the .5' pixel base resolution imagery in 2500' x 2500' tiles. Executive Summary; Section 1.4.11; Section 1.5.19 and Section 2.14 Mobil terrestrial photogrammetry Not included Executive Summary; Section 1.4.13; Section 1.5.18 and Section 2.13 CD -based system of public information dissemination Not included Section 1.4.4; Section 1.5.9 and Sections 2.4.6 -7 Three (3) sets of black and white or color contact prints One (1) set of color photo indexes One set of black and white or color contact prints (trimmed) Two sets of hardcopy indexes of the aerial photography and the digital and the prints used in production Not included. One set of scanned images of photo exposures is included. Section 1.5.1 3D Analyst version 1.0 and integrate with Intergraph GeoMedia compliant Not included February 12, 2001 Page 3 Section 1.5.2 Metadata Not included Section 1.5.3 Control panels Not included; all control will be photo identified after flight Section 3.2 Primary Contact for ASI Corporate: Mr. John Dillon Primary contact is now Mr. Eric DesRoche Section 4 Price Sheet Replaced in its entirety by Attachment #3 February 12, 2001 Page 4 February 1, 2001 Page 4 Attachment #2 Proposed 2001 Mapping Schema Features that will be updated/added in 2001 are highlighted below FC FEATURE DESCRIPTION 2 3 4 5 6 7 8 9 0 LV WT LC CO CELL NOTES IMPERVIOUS SURFACES 1 2 3 4 6 10 Paved Road Paved Parking Paved Driveway Sidewalks Median Paved Alley x x x x - 1 3 6 8 1 6 2 1 1 0 2 1 0 0 0 0 0 0 4 36 3 112 10 16 Edge of pavement. 10 cars or more. No parking islands. 11/10/97 >150' Adjacent to public streets only >10' UNPAVED SURFACES 15 19 20 Unpaved Road Unpaved Alley Hike & Bike Trail Centerline x x xxx x x x x x x 2 7 5 2 1 0 3 3 2 21 67 100 Graded, Maintained, Public. STRUCTURES 32 31 Building Outbuilding x x x x x x 10 3 0 33 OUTBLD Digitize clockwise. Will come in from existing file. Add >100 sq. It. Commercial if >4000 sq. ft., however APS identify these. <100 SQ. FT. all new ones. will 42 Water Tower Ix,,, x WTOWER 43 Commercial Storage Tanks TANK 266 Building Spot Height x NCSPOT Place on all buildings in the Capital View Corridor. Outside CVC, all buildings >6 stories only. 53 Public /Commercial Pools x POOL >100 sq. fl.. BARRIERS 60 Fence x x 20 1 0 13 Only between lanes. 65 Jersey Barrier x x 20 1 0 90 Only between lanes. 66 Wall xxx 20 1 0 223 Only between lanes. 69 Single Guard Rail x x 20 1 0 190 Only between lanes. Digitize with road to the left. City of Round Rock 2001 Planlfopo Update Proposed Schema Attachment #2 Page 1 2/1/01 City of Round Rock 2001 Plan/Topo Update Proposed Schema Attachment #2 Page 2 2/1/01 ELECTRIC UTILITIES 115 Major Electricl Transmission Line 13 1 3 159 116 Radio Tower x RADIO 117 Microwave Transmitter x ANT 120 Transmission Tower x TT Digitize center if 4 legged. HYDROLOGIC FEATURES 137 138 139 146 136 149 151 145 Lake River I Drain Pond +Lake /Pond Centerline Concrete Drain: Hidden Drain Low Water Crossing x x x 23 23 24 23 231 22 24 1 1 I 0 1 11 0 0 6 6 I 6 6 61 0 2 139 154 I 200 155 1641 91 200 I SPRINK Straight line in special cases. > 5 acres. Straight line in special cases. High to Low. Colorado Islands > 1 acre. High to Low. Digitize as single line only. > 1 acre. Digitize through water bodies. High to Low. This is the structure. Digitize the boundary. Connects drains under roads. If culvert symbol exists, do not digitize hidden drain. If culvert can't be seen, digitize hidden drain only. 0 Pedernales only L Where water runs over a road naturally. HYDROLOGIC STRUCTURES 152 153 154 156 158 Bridge Dam x x x x xI x x x x 21 21 1 1 0 0 11 26 Compile Clockwise. Do Not Close! Leave one end open. All dams including earthen. Pier Culvert(spans road) Boat Ramp x x x 21 21 1 1 0 0 721 88 Digitize point on each side of road no matter how big headwall may be. 162 Docks x x 21 1 0 27 OBSURRED AREAS 169 Dashed contour outline x IIIIIIIII x 59 I 5 I 3 I 54 I Digitize in a clockwise manner. Must close and go back to original pt. when at job boundary. P City of Round Rock 2001 Plan/Topo Update Proposed Schema Attachment #2 Page 2 2/1/01 City of Round Rock 2001 Plan/Topo Update Proposed Schema Attachment #2 Page 3 2/1/01 DISTURBED AREAS 180 Gravel /Sand Pits x x 19 0 2 177 185 Landfill x x 19 0 2 113 190 Quarry x x 19 0 2 179 MISC. LAND USE 192 Golf Course Outline x x 29 0 2 52 198 Playground x PBOX All playgrounds will get a single point somewhere in th Capture as a polygon tennis courts, basketball courts, middle. 199 Ball Fields /Recreation x x 30 0 0 135 _ basebalVfootball fields, school track fields, etc.. 204 Open Storage x 4 1 3 85 Shows other impervious surfaces. Generally areas tha are n ot used for parking in commercial sites but used to sto _ equipment. RAILROADS 211 Railroad Centerline x x 15 0 0 42 AIRPORTS 223 Runway/Taxiway x x x 16 2 0 34 Polygon Feature. BOUNDARY LINES :is x x 1111111 x„ , „ II 252 Job Boundary 59 5 0 123 Compile if Orthos Required. 261 Model Neatline 63 1 0 0 _ Capital View Corridor This should come in as a digital file. Do not digitized City of Round Rock 2001 Plan/Topo Update Proposed Schema Attachment #2 Page 3 2/1/01 Attachment 52 City of Round Rock 2001 Plan /Topo Update Proposed Schema Page 4 2/1/01 TOPOGRAPHY J x 265 266 CIP Spot Height Non CIP Spot Height 1 1 1 x lxj x < x x x 1 1 1 1 SPOTX { NCSPOT WLSPOT 267 268 270 271 273 282 283 Water Spot Height DTM Check Point (GOOD) Mass Point Breakline Sharp Ridgeline Contour Breakline Exlrema Breakline x x x x x DTMG MASSP 56 0 1 0 56 0 3 0 56 0 5 0 56 0 4 0 Use along Smooth Slopes. Maintain Constant Elevation. Road Crowns Only! 310 Operator ID (ALL) x 62 0 0 0 Operator Name as text. Notes: 1 Plan /topo data collected in previous mapping projects wil be provided by customer 2 Spot requirement as follows: I II Building placement as already stated and Tops, depressions, isolations, intersections of streets, cul -de -sacs, At road centerlines over culverts. _ I L II Center of bridges. 3 All LIDAR dtm editing and planimetric compile ion will be performed from 1 " =600' neg scale color photograph Attachment 52 City of Round Rock 2001 Plan /Topo Update Proposed Schema Page 4 2/1/01 February 1, 2001 Page 5 Attachment #3 Amended Price Sheet for Revised Scope of Services ASI will perform the scope of services included in its' Proposal, as amended, for the firm fixed fee of two hundred thousand United States dollars ($200,000.00). Conditions 1. ASI shall be free and unencumbered to utilize the services of its preferred Business Partners and/or qualified S /M/W /D owned business suppliers as necessary to meet its obligations under the proposed contract. 2. The City will provide ASI with all requested digital and hardcopy materials from the 1997 mapping contract within thirty (30) days of request. 3. A contract for these services, under these conditions must be executed on or before February 28, 2001. The City will agree to issue a Notice to Proceed with the acquisition of aerial photography immediately upon the authorization of the CAPCO Executive Committee to enter into this contract. The Notice to Proceed will include a commitment to pay for the aerial photography even if the Inter -local Agreement between the City and CAPCO and/or between CAPCO and ASI are not concluded for any reason. 4. Upon contract execution, ASI shall invoice CAPCO and CAPCO shall in tum invoice the City in the amount of forty thousand dollars ($40,000.00) to cover the costs of aerial photography acquisition, airborne GPS acquisition/support and related administrative expenses. Payment terms of the City to CAPCO are NET30 upon receipt of invoice by the City. Payment terms of CAPCO to ASI upon receipt of payment from the City are NET3 business days. 5. ASI shall invoice the CAPCO who in turn shall invoice the City monthly thereafter as a percentage complete for work performed on each major task identified in the Proposal, as amended. Payment terms of the City to CAPCO are NET30 upon receipt of invoice by the City. Payment terms of CAPCO to ASI upon receipt of payment from the City are NET3 business days. 6. ASI shall perform the services and deliver all identified goods and services within six months or less of a successful photography acquisition. 7. ASI warrants and covenants to the City /CAPCO that all goods and services delivered by ASI and its subcontractors, and agents shall be produced and performed in a skillful and workmanlike manner and shall comply with the specifications for said February 1, 2001 Page 6 goods and services. ASI warrants that the products and services provided shall be free from defects in material and workmanship, as set forth in the specifications contained herein for a period of one (1) year after Project delivery. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE WITHIN THIS PROPOSAL, AS AMENDED, ASI MAKES NO WARRANTIES WITH REGARD TO THE GOODS AND SERVICES, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY AND ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY AND ALL WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. ASI provides no warranty with respect to latent defects in the goods and services, the discovery of which may elude detection by the exercise of ordinary and reasonable care, which ASI agrees to employ. ASI represents and warrants that to the best of its knowledge neither the goods and services nor their use by the City shall infringe upon or violate any third party rights in any patent, copyright, trademark, trade secret or other proprietary right of any third party. 8. In no event shall ASI, its employees, officers, directors, or agents or any subcontractor or supplier of ASI, be liable for any direct, indirect, special, incidental, consequential loss or damages resulting or arising from the loss of use, data, property, equipment, goodwill or profits, increased costs, claims or damages of customers of the City or CAPCO. Furthermore, the total cumulative liability of ASI and its subcontractor's and suppliers to the City and/or CAPCO arising from the failure to provide goods and services shall not exceed the firm fixed price quoted herein. 9. Deliverable Unit shall be defined as a uniformly dimensioned unit of area that is defined in the Database Design into which the geographic area covered by the Project shall be partitioned for the purposes of delivery. Each such unit may contain numerous differentiated layers of features. 10. Errors shall be defined categorically as instances of: • failure to include any significant terrain feature that is visible on the aerial photography. • failure to correctly position any graphical topographic feature that is visible on the aerial photography or required per the Database Design • failure to provide accurate non - graphical contour elevation information required per the Database Design 11. Error Rate shall be defined as follows (a) the total number of graphical elements contained in all of the coverages within each Deliverable Unit combined with the total number of individual attribute fields in each data record in each of the defined feature February 1, 2001 Page 7 categories contained in the Database Design shall constitute the denominator of the equation, and (b) the total number of any Errors, as defined above, shall constitute the numerator of the equation. Dividing the numerator by the denominator shall provide the Error Rate for the Deliverable Unit. 12. Review Periods 12.1 City Review Period City shall have thirty (30) days after delivery in which to review the Deliverable Units. The Deliverable Units shall be deemed accepted, by default, in the absence of ASI receiving written notification within such thirty (30) day period of a Deliverable Units' having exceeded the specified Error Rate. 12.2 ASI Review Period ASI shall have fifteen (15) days after receipt of evidence of any Deliverable Unit having exceeded the Error Rate in which to contest such determination by City. ASI shall be deemed to have accepted City's determination in the absence of City receiving written notification within such fifteen (15) day period of ASI's intent to contest City's determination. 12.3 ASI Redelivery Period Upon the conclusion of the fifteen (15) day ASI Review Period, ASI shall, unless it has elected to contest the City's rejection, have fifteen (15) additional days to correct and redeliver the Deliverable Unit(s) to City for reconsideration. 12.4 City Redelivery Review Period Upon receipt of redelivered Deliverable Unit(s) from ASI, the City shall have thirty (30) Days to review said redelivery. The Deliverable Units shall be deemed accepted, by default, in the absence of ASI receiving written notification within such thirty (30) day period of a Deliverable Units' having exceeded the specified Error Rate.