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R-98-10-22-10C2 - 10/22/1998WHEREAS, the City of Round Rock desires to retain professional services for Geographical Information System (GIS) base map rectification and contour generation, and WHEREAS, Landata Geo Services, Inc. has submitted an agreement to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Landata Geo Services, Inc., 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 an agreement with Landata Geo Services, Inc. for Geographical Information System (GIS) base map rectification and contour generation, a copy of said agreement 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 October 1998. ATTEST: J ataIv ANNE LAND, City Secretary K: \WPDOCS \RRSOLDTI \R81022C2, WPD /ecg RESOLUTION NO. R- 98- 10- 22 -10C2 �" x v CHARLES c� E ER, Mayor City of Round Rock, Texas STATE OF TEXAS COUNTY OF WILLIAMSON AGREEMENT FOR GEOGRAPHIC INFORMATION SYSTEM SERVICES FOR THE CITY OF ROUND ROCK, TEXAS to rectify the existing City-wide GIS layers to the City's Digital Ortho Photography (DOP) and develop two -foot and another set of contours at the lowest possible interval while maintaining an accuracy level consistent with National Map Accuracy Standards, from the City's existing Digital Elevation Model (DEM). § THIS AGREEMENT MADE, entered into and executed by and between the City of Round Rock, Texas, a body corporate and politic under the laws of the State of Texas, hereinafter called the "City" and Landata Geo Services, Inc. hereinafter called the "Consultant ", a wholly owned subsidiary of Stewart Title Company. WITNESSETH, that WHEREAS, the Consultant represents that it is fully capable of fulfilling the requirements set forth by the City and Consultant desires to perform the same; NOW, THEREFORE, the City and the Consultant, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows: SECTION I SCOPE OF AGREEMENT The Consultant agrees to perform certain professional GIS services as defined in "Exhibit A" attached hereto and made part of hereof, hereinafter sometimes called "Scope of Work ", and for having rendered such services, the City agrees to pay the Consultant compensation as stated in the sections to follow. SECTION II CHARACTER AND EXTENT OF SERVICES The Consultant shall render all the professional services as defined in "Exhibit A" attached hereto. The City shall be under no obligation to pay for services rendered without prior written authorization. The City shall be the absolute and unqualified owner of all studies, exhibits, maps, reports, analyses, determinations, recommendations, computer files and other documents prepared or acquired pursuant to this Agreement with the same force and effect as if the City had prepared or acquired the same. SECTION III PROJECT TERM The project term is four months from the date of the contract. Upon written request of the Consultant, the City may grant time extensions to the extent of any delays caused by the City or other agencies with which the work must be coordinated and over which the Consultant has no control. 1 SECTION IV PRODUCT DELIVERY Final delivery of the GIS products shall be provided in the following two (2) formats: • For the Planning & Community Development Department, files will be delivered preferably in Atlas 4.0 software format. However, the Planning & Community Development Department may also accept AreView 3.0a shape files. Files will be provided on Compact Disk or an 8 mm Tape using NT 4.0 BackUp software. • For the Public Works Department, files with be delivered in MicroStation format (.dgn). Files will be provided on Compact Disk. All GIS data deliveries shall be made using the North American Datum (NAD) of 1983 in Texas State Plane. Units are in feet. SECTION V COMPLIANCE AND STANDARDS Consultant agrees to perform the work hereunder in accordance with generally accepted standards applicable thereto and shall use that degree of care and skill commensurate with the GIS /photogrammetry profession to comply with all federal, state and local laws, ordinances, rules and regulations relating to the work to be performed hereunder and Consultant performance. Consultant agrees that the City shall have the right to use all exhibits, maps, reports, analyses and other documents prepared or compiled by the Consultant pursuant to this Agreement and the Consultant shall and does hereby agree to indemnify and hold harmless the City, its officers, agents and employees from any and all damages, loss and liability of any kind, whatsoever, by reason of death or injury to property or third persons caused by negligent act or omission of Consultant, its officers, agents, employees, invitees or other persons for whom it is legally liable, with regard to the performance of this Contract, and Consultant will, at its cost and expense, defend, pay on behalf of, and protect the City and its officers, agents and employees against any and all such claims and demands. Such indemnity shall apply where the suits, actions, legal proceedings, claims, demands, costs, expenses and attorney fees arise in whole or in part from the negligence of the Consultant. SECTION VI PERFORMANCE The GIS Analyst will monitor the Consultant's performance. The Consultant shall present monthly updates of the project status to the GIS Analyst. These updates shall include hard copy samples and shall also include viewing work progress on a workstation at the Planning & Community Development Department. The Consultant will be advised of any deficiencies in performance in writing within five (5) working days after review. All such deficiencies shall be corrected by the Consultant within ten (10) working days following receipt of such notice, or as deemed appropriate by the GIS Analyst. In addition to the stated procedure for verification of work performed, the Consultant shall lend whatever necessary assistance the City may request with respect to verification of work performed. SECTION VII COMPENSATION For in and consideration of the services rendered by the Consultant pursuant to this Agreement, the City shall pay to the Consultant the amount authorized by the City Council, not to exceed $67,095.00, said amount being hereafter called the "total basic fee ". 2 SECTION VIII TIME OF PAYMENT Payment by the City to the Consultant shall be made as follows: On or about the last day of each calendar month during the performance of the individual assignments, Consultant shall submit to the GIS Planner or her designated representative, a swom statement by an officer of Consultant in a form acceptable to the City, setting forth the charges for the services provided which was completed during such calendar month, percentage of total work completed and the compensation which is due for same. The GIS Planner shall review the same and approve it with such modifications as she may deem appropriate. The approval or payment of any such statement shall not be considered to be evidence of performance by the Consultant to the point indicated by such statement or of the receipt of or acceptance by the City of the work covered by such statement. In Accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment will be made within thirty (30) days of the day on which the City receives the supplies, materials, equipment, or within thirty (30) days on which the performance of services was completed and accepted, or within thirty (30) days of the day on which the City receives a correct invoice for the supplies, materials, equipment, or services, whichever is later. Consultant may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy, however, this policy does not apply to payments made by the City in the event: a) there is a bona fide dispute between the City and the Consultant concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or the terms of a federal contract, grant, regulation, or statute prevent the City from making a timely payment with Federal Funds; or b) there is bona fide dispute between the Consultant and a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the services performed which causes the payment to be late; or c) the invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase order, a signed agreement or other such contractual agreement. Invoices shall be submitted to the GIS Analyst in triplicate and shall show the percentage of work completed with extensions in dollars at the proposed cost, and in accordance with the workplan. Invoicing shall not be made more than once a month. Ten percent (10 %) of each invoiced amount will be retained until final payment is made. SECTION IX EXTRA WORK No payment shall be made for any services other than the rectification of the GIS layers to the DOP imagery and contour and spot elevation generation, except, in the event the City shall employ the Landata Geo Services, Inc., for extra work at the hourly rate stipulated its response. The extra work will be paid upon the completion of the work requested as defined in Section VIII above. SECTION X TERMINATION Either party may terminate this Agreement at any time by giving thirty (30) days notice to the other party. Upon receipt of such notice, the Consultant shall discontinue all services in connection with the performance of this Agreement and shall proceed to promptly cancel all existing orders and contracts 3 insofar as such orders or contracts are chargeable to the Agreement. As soon as practicable after receipt of notice of termination, the Consultant shall submit a sworn statement, showing in detail the services performed under this Agreement to the date of termination. The City shall then pay the Consultant that proportion of the prescribed charges which the services actually performed under this Agreement bear to the total services called for under this Agreement, less such payments on account of the charges as have been previously made. Copies of all completed or partially completed designs, maps, studies, documents and other work product prepared under this Agreement shall be delivered to the City if and when this Agreement is terminated. SECTION XI ADDRESS NOTICES AND COMMUNICATIONS All notices and communications under this Agreement shall be mailed by certified mail, return receipt requested, to Consultant at the following address: Landata Geo Services, Inc. 5411 Jackwood San Antonio, Texas 78238 Attn: Kevin P. Carrigan, Project Manager All notices and communications under this Agreement shall be mailed by certified mail, return receipt requested, to the City at the following address: City of Round Rock Planning & Community Development Department 221 E. Main Street Round Rock, Texas 78664 Attn: Jennifer Hauch, GIS Analyst SECTION XII LIMIT OF APPROPRIATION Prior to the execution of this Agreement, Consultant has been advised by the City and Consultant clearly understands and agrees, such understanding and agreement being of the absolute essence to this Agreement, that the City shall have available the maximum sum of $67,095.00 to discharge any and all liabilities which may be incurred by the City pursuant to this Agreement and that the total maximum compensation that the Consultant may become entitled to hereunder and the total maximum sum that the City shall become liable to pay the Consultant hereunder shall not under any conditions, c or interpretations, hereof, exceed the said total maximum sum provided for in this section, unless the Scope of Work as detailed in "Exhibit A" is expanded or additional work is requested. SECTION XIII SUCCESSORS AND ASSIGNS The City and the Consultant bind themselves and their successors, executors, administrators and assigns to the other party of this Agreement and to the successors, executors, administrators and assigns of such other party, in respect to all covenants of this Agreement. Neither the City nor the Consultant shall assign, sublet or transfer its interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto. 4 SECTION XIV MEDIA Contact with the news media shall be the sole responsibility of the City. Consultant shall under no circumstances release any material or information developed in the performance of its services hereunder without the express written permission of the City. SECTION XV MODIFICATIONS This instrument, including "Exhibit A ", contains the entire Agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral or written representations or modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing signed by both parties hereto. SECTION XVI AUTHORITY OF THE DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT All work to be performed by the Consultant hereunder shall be performed to the satisfaction of the Director of the Planning & Community Development Department and shall decide any and all questions which may arise as to the quality or acceptability of the work performed by the Consultant. The decisions of the Director of Planning & Community Development Department are final and binding on both parties. However, nothing contain herein shall be construed to authorize the Director of Planning & Community Development to alter, vary or amend this Agreement. SECTION XVII MISCELLANEOUS PROVISIONS Texas Law to Apply. This contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. Parties Bound. This contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors, and assigns where permitted by this contract. Legal Construction. In case any one or more of the provisions contained in this contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. Prior Agreements Superseded. This contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Time of Essence. Time is of the essence in this contract. Gender. Words of any gender used in this contract shall be held and construed to include any other gender and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. IN WITNESS WHEREOF, said Director of Planning & Community Development has lawfully caused these presents to be executed by the City Manager of said City, and the corporate seal of said City to be hereto affixed and this instrument to be attested by the City Secretary; and the said Consultant, acting by 5 Landata Geo Services, Inc. thereunto duly authorized representative, does now sign, execute and deliver this instrtunent. DONE at City of Round Rock, Texas on the day of October, 1998. CONSUL Name President Title Date 19 October 1998 ATTEST: Sec Date by: ary 19 October 1998 by: Charles Culpepper, M Date ATTEST: C Secre Date 6 A. Base Map Rectification The rectification process shall include, but is not limited to the editing of the vertices of the City's GIS layers to match visible boundaries within the Digital Orthophoto Photography (DOP) product. The editing process shall ensure that the GIS layers remain relative to each other as well as to the DOP. The existing GIS layers that shall be rectified to the DOI include: Polygon Line Point Annexations Precincts Fire Hydrants Aquifer Streams Traffic Serial Zones Census Tracts Water Basins Water Lines Elementary Schools Wastewater Lines General Plan Habitat High Schools Lakes Middle Schools Northeast Road District 1969 Zoning Parcels Quadrants City Limits Extraterritorial Jurisdiction Southeast Road District Subdivisions Williamson County Fire Districts Zoning It is essential that the rectification of the parcel layer be completed in a timely manner. The Planning & Community Development Department is responsible for maintaining the City's base map and a delay increases the risk of routing emergency vehicles to incorrect addresses. Multiple deliveries of this file shall be in accordance with the mutually agreed upon work plan. All editing shall be done at the highest possible resolution to ensure the planimetric data and the DOP match at very low map scales. Any questions concerning boundary modification shall be directed to the GIS Analyst. The GIS Analyst may also provide additional resources (such as support data for the layers referenced above) to aid in the accurate transfer of boundary information. B. Contour Generation EXHIBIT "A" Scope of Work Working with the City's existing DEM, the vendor will develop two contour coverages: one at the lowest possible contour interval while maintaining an accuracy level consistent with National Map Accuracy Standards (estimated at 2 ''A feet), another with a two foot contour interval. 7 To create the contour coverage, a triangular irregular network (TIN) will be developed using both the collected break Imes and mass points. From this TIN, the contour intervals will be interpolated and cartographic editing will be performed. During the editing process, special attention should be paid to make sure the contour lines do not conflict with the planimetric features digitized with the DOP product (centerlines, buildings and hydrography). All obscured areas will be indicated by a closed polygon. All generated contours in these areas will appear dashed in a manner that maintains ARC/INFOMticrostation topologic integrity. Specific contour features are listed below: Contours Spot Elevations Index Spot Intermediate Water Index Depression Bridge Intermediate Depression Dam Obscured Index Obscured Intermediate Obscured Index Depression Obscured Intermediate Depression Hidden Generated contours shall portray the shape of the terrain within specified accuracy standards. Accuracy standards notwithstanding, contours shall clearly reflect the crown of the cross slope of all paved areas and shall truly depict all drainage ways. For both the 2 -foot contours and the other contour layer, every fifth contour shall be shown as an index contour. All Index contours are to be clearly distinguishable and labeled and/or attributed with their elevation given in full feet. Labels shall be oriented to follow the contours and shall be readable the same direction as other text. Care shall be exercised in labeling contours so that the elevation of any contour is readily discemible, The distance along a contour line between labels generally shall not exceed eight inches on plots produced at plot scale (1 "= 200'). There shall be a graphical break in the contour just wide enough to permit the placement of the contour label. This break shall be coded as a hidden contour. Where possible, contour labels shall be in diagonal stacks one above another along the general line of slope. Contours shall be continuous throughout the project area. No breaks shall be made in areas where there is dense tree cover, or where the contours are too close together, or for contour labeling. In densely wooded areas where the ground is partially obscured by dense brush or tree cover, contours shall be plotted as accurately as possible. The obscured contours shall be produced so that the elevations from the contour are accurate within the contour interval in as many situations as possible. Elevation values shall be assigned to contour lines as attributes. In addition, contours lines shall be broken for buildings and other feature symbols. All such breaks shall provide clean junctures between the contours and the features. Gaps and overruns are unacceptable. Hidden contours shall be used to allow digital representation of break points between lines. C. Spot Elevations Spot elevations data shall be used to supplement elevation data provided by contours, generally where exact elevations are needed and in areas of relatively flat terrain where the contours are widely spaced and for special areas required by the City. Spot elevation shall be shown at the following locations: 8 • At all road/railroad intersections • On the road centerline at the center of bridges and similar structures. • On the road centerline over all culverts. • At the crest of all closed contours. • M the lowest point of all closed depression contours, significant saddles, cuts, and depressions. • In areas of dense vegetation where the ground is visible. • At the center point of all dams In placing spot elevation, whenever possible they should be placed on a clearly defined photo - identifiable feature. The surface elevation of all open water bodies shall be indicated by one or more water elevation readings near the center of the water body, or the portion of the water body shown on the map. All spot elevations shall be labeled with decimal values giving their elevation to the nearest one -tenth of a foot for the required 1" =200' scale mapping. Spot elevation labels and/or attributes shall be placed so that they do not obscure other map detail, and shall read from west -east. All revised files shall be registered to the North American Datum 83, Texas Central State Plane, and units in feet. The Consultant will install the revised files onto a workstation selected by the City within the GIS lab at the Planning & Community Development Department and at the Public Works Department. If necessary, the Consultant shall also provide technical assistance and support to ensure that all GIS layers function correctly within the existing computer architecture. 9 Date: October 16,1998 Subject: City Council Meeting - October 22,1998 Item: 10.C.2. Consider a resolution authorizing the Mayor to execute a contract with LanData Geo Services, Inc. for GIS base map rectification and contour generation. These funds were authorized in the 1996 General Obligation bond election. The base map rectification and contour generation is required to display the City's existing GIS layers in correct position over aerial mapping photography. Applicant: LanData Geo Services, Inc. Staff Resource Person: Joe Vining, Planning Director. Mayor Charks Culpepper Mayor Pro -tem Robert Sthtka Connell Members Earl M. Hairston Rick Stewart Earl Palmer Martha Cha,m , Jimmy Joseph City Manager _ Robert L. Bennett, Jr. City Attorney Stephan L Sheets CITY OF ROUND ROCK I _ 221 Fart Mein Street Round Rock, Texas 78664 512 - 218-5400 October 26, 1998 Mr. Kevin P. Carrigan Project Manager Landata Geo Services, Inc. 4211 Jackwood San Antonio, Texas 78238 Dear Mr. Carrigan: The Round Rock City Council approved Resolution No. R- 98- 10- 22 -10C2 at their regularly scheduled meeting on October 22, 1998. This resolution is in regard to the agreement with Landata Geo Services, Inc. for Geographical Information System (GIS) base map rectification and contour generation. Enclosed is a copy of the resolution and original agreement for your files. If you have any questions, please do not hesitate to call. Sincerely, Joanne Land Assistant City Manager/ City Secretary Enclosures Fax: 512 - 218-7097 1- 800-735-2989 TDD - 1 -800- 735 -2988 Voice www.ci.round- ttxktx.us