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R-06-02-09-10D3 - 2/9/2006RESOLUTION NO. R -06-02-09-10D3 WHEREAS, the City of Round Rock desires to retain engineering services for the 2005 GPS/GIS Mapping of Water and Wastewater Features Project, and WHEREAS, Sanborn Map Company, Inc. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with Sanborn Map Company, 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 a Contract for Engineering Services with Sanborn Map Company, Inc. for the 2005 GPS/GIS Mapping of Water and Wastewater Features Project, a copy of said contract being attached hereto as Exhibit "A" 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. RESOLVED this 9th day of February, 2006. A ' E T: CHRISTINE R. MARTINEZ, City Secret @PFDesktop\::ODMA/WORLDOX/O:/WDOX/RESOLUTI/R60209D3.WPD/sc Y WE :yor of Round ock, Texas ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: SANBORN MAP COMPANY, INC. ("Engineer") ADDRESS: 1935 Jamboree Dr., Suite 100, Colorado Springs, CO 80920 PROJECT: 2005 GPS/GIS MAPPING OF WATER & WASTEWATER FEATURES THE STATE OF TEXAS COUNTY OF WILLIAMSON § THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the _ day of , 2005 by and between the CITY OF ROUND ROCK, a Texas home - rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of contracting for professional engineering services. RECITALS: WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement by municipalities of services of professional engineers; and WHEREAS, City and Engineer desire to contract for such professional engineering services; and WHEREAS, City and Engineer wish to document their agreement concerning the requirements and respective obligations of the parties; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: Engineering Services Contract File Name: sanborn-gps/gismapping; 94374 1 EXHIBIT tie Rev. 04/06/05 00064494 CONTRACT DOCUMENTS The Contract Documents consist of this Contract and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Contract as if attached to this Contract or repeated herein. ARTICLE 1 CITY SERVICES City shall perform or provide services as identified in Exhibit A entitled "City Services." ARTICLE 2 ENGINEERING SERVICES Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering Services." Engineer shall perform the Engineering Services in accordance with the Work Schedule as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineering Services under this Contract may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all Engineering Services. Should the review times or Engineering Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may submit a timely written request for additional time, which shall be subject to the approval of the City Manager. ARTICLE 3 CONTRACT TERM (1) Term. The Engineer is expected to complete the Engineering Services described herein in accordance with the above described Work Schedule. If Engineer does not perform the Engineering Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue from day to day until such time as the Engineering Services are completed. Any Engineering Services performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Engineering Services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all Engineering Services required under this Contract in a professional manner. 2 (3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with Engineering Services until authorized in writing by City to proceed as provided in Article 7. ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as full compensation for the Engineering Services performed and to be performed under this Contract. The amount payable under this Contract, without modification of the Contract as provided herein, is the sum of Six Hundred Forty-seven Thousand Seven Hundred Sixteen & No/100 Dollars ($ 647,716.00 ) as shown in Exhibit D. The lump sum amount payable shall be revised equitably only by written Supplemental Contract in the event of a change in Engineering Services as authorized by City. Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the Engineering Services and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory progress of Engineering Services shall be an absolute condition of payment. The fee herein referenced may be adjusted for additional Engineering Services requested and performed only if approved by written Supplemental Contract. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall prepare and submit to City, not more frequently than once per month, a progress report as referenced in Article 4 above. Such progress report shall state the percentage of completion of Engineering Services accomplished during that billing period and to date. Simultaneous with submission of such progress report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a form acceptable to City. This submittal shall also include a progress assessment report in a form acceptable to City. Progress payments shall be made in proportion to the percentage of completion of Engineering Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering Services actually provided and performed. Upon timely receipt and approval of each statement, City shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its determination, that tasks were completed. The certified statements shall show the total amount earned to the date of submission and shall show the amount due and payable as of the date of the current statement. Final payment does not relieve Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its negligence. 3 ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will be made within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for services, whichever is later. Engineer 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 in the event: A. There is a bona fide dispute between City and Engineer concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the Engineering Services performed which causes the payment to be late; or D. The invoice is not mailed to City in strict accordance with instructions, if any, on the purchase order, or this Contract or other such contractual agreement. City shall document to Engineer the issues related to disputed invoices within ten (10) calendar days of receipt of such invoice. Any non -disputed invoices shall be considered correct and payable per the terms of Chapter 2251, V.T.C.A., Texas Government Code. ARTICLE 7 NOTICE TO PROCEED The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a written Notice to Proceed regarding such task. The City shall not be responsible for work performed or costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued. ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Contract is as follows: David Freireich, P.E. Senior Utility Engineer 212 Commerce Round Rock, Texas 78664 Telephone Number (512) 671-2756 Fax Number (512) 218-3242 Email Address dfreireich@round-rock.tx.us 4 City's Designated Representative shall be authorized to act on City's behalf with respect to this Contract. City or City's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential progress of Engineering Services. Engineer's Designated Representative for purposes of this Contract is as follows: Art Warner Director of CIS and Utility Services 1935 Jamboree Dr., Suite 100 Colorado Springs, CU 25U91,U Telephone Number (719) 264-5542 Fax Number (719) 528-5093 Email Address awarner@sanborn.com a ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the Engineering Services, confer with City at City's election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by City, in order for City to evaluate features of the Engineering Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the offices of City, or at other locations designated by City. When requested by City, such conferences shall also include evaluation of the Engineering Services. Should City determine that the progress in Engineering Services does not satisfy the Work Schedule, then City shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise City in writing of events which have or may have a significant impact upon the progress of the Engineering Services, including but not limited to the following: (1) Problems, delays, adverse conditions which may materially affect the ability to meet the objectives of the Work Schedule, or preclude the attainment of project Engineering Services units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contemplated, and City assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the Work Schedule goals sooner than anticipated. 5 ARTICLE 10 SUSPENSION Should City desire to suspend the Engineering Services, but not to terminate this Contract, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by agreement and signature of both parties. The Engineering Services may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of both parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option of terminating this Contract. If City suspends the Engineering Services, the contract period as determined in Article 3, and the Work Schedule, shall be extended for a time period equal to the suspension period. City assumes no liability for Engineering Services performed or costs incurred prior to the date authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering Services is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL ENGINEERING SERVICES If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify City in writing. In the event City finds that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise Engineer and a written Supplemental Contract will be executed between the parties as provided in Article 13. Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the performance of the Engineering Services authorized in this Contract or any amendments thereto. ARTICLE 12 CHANGES IN ENGINEERING SERVICES If City deems it necessary to request changes to previously satisfactorily completed Engineering Services or parts thereof which involve changes to the original Engineering Services or character of Engineering Services under this Contract, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional Engineering Services and paid for as specified under Article 11. Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to correct errors appearing therein, when required to do so by City. No additional compensation shall be due for such Engineering Services. 6 ARTICLE 13 SUPPLEMENTAL CONTRACTS The terms of this Contract may be modified by written Supplemental Contract if City determines that there has been a significant change in (1) the scope, complexity or character of the Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4. It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until the City authorizes full execution of the written Supplemental Contract and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. ARTICLE 14 OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this Contract are the exclusive property of City and shall be furnished to City upon request. All documents prepared by Engineer and all documents furnished to Engineer by City shall be delivered to City upon completion or termination of this Contract. Engineer, at its own expense, may retain copies of such documents or any other data which it has furnished City under this Contract. ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the project when so instructed by City. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required under this Contract, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under this Contract without prior written approval from City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by City prior to Engineering Services being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. 7 ARTICLE 17 EVALUATION OF ENGINEERING SERVICES City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the Engineering Services performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Contract may be terminated as set forth below. (1) By mutual agreement and consent, in writing, of both parties. (2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to perform the Engineering Services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon not less than thirty (30) days' written notice to Engineer. (5) By satisfactory completion of all Engineering Services and obligations described herein. Should City terminate this Contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Engineer. In determining the value of the Engineering Services performed by Engineer prior to termination, City shall be the sole judge. Compensation for Engineering Services at termination will be based on a percentage of the Engineering 8 Services completed at that time. Should City terminate this Contract under Subsection (4) immediately above, then the amount charged during the thirty -day notice period shall not exceed the amount charged during the preceding thirty (30) days. If Engineer defaults in the performance of this Contract or if City terminates this Contract for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer in performing the Engineering Services to the date of default, the amount of Engineering Services required which was satisfactorily completed to date of default, the value of the Engineering Services which are usable to City, the cost to City of employing another firm to complete the Engineering Services required and the time required to do so, and other factors which affect the value to City of the Engineering Services performed at the time of default. The termination of this Contract and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations, then City may take over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be liable to City for any additional and reasonable costs incurred by City. Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurements made by Engineer in support of the Engineering Services under this Contract. ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. Engineer shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Contract, including without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance. Engineer shall further obtain all permits and licenses required in the performance of the Engineering Services contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. ARTICLE 22 INDEMNIFICATION Engineer shall save and hold harmless City and its officers and employees from all claims and liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this Contract, which are caused by or which result from the negligent error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. 9 Engineer shall also save and hold City harmless from any and all expenses, including but not limited to reasonable attorneys fees which may be incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City as a result of such negligent activities by Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall promptly make necessary revisions or corrections to its work product resulting from errors, omissions, or negligent acts, and same shall be done without compensation. City shall determine Engineer's responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be relieved of responsibility for subsequent correction of any such errors or omissions in its work product, or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to City in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. ARTICLE 25 NON -COLLUSION, FINANCIAL INTEREST PROHIBITED (1) Non -collusion. Engineer warrants that he/she/it has not employed or retained any company or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City reserves and shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer, his/her/its officers, employees, agents, consultants and subcontractors will have no fmancial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire term while this Contract is in effect professional liability insurance coverage in the minimum amount of One Million Dollars per occurrence from a company authorized to do insurance business in Texas and 10 otherwise acceptable to City. Engineer shall also notify City, within twenty-four (24) hours of receipt, of any notices of expiration, cancellation, non -renewal, or material change in coverage it receives from its insurer. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26, Section (1) above, including the required provisions and additional policy conditions as shown below in Article 26, Section (3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Contract, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: (a) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non- renewal or reduction in limits by endorsement a notice thereof shall be given to City by certified mail to: City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 (b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any such future coverage, or to City' s Self -Insured Retentions of whatever nature. (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein entitled "Certificates of Insurance." ARTICLE 27 COPYRIGHTS City shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any reports developed by Engineer for governmental purposes. 11 ARTICLE 28 SUCCESSORS AND ASSIGNS This Contract shall be binding upon and inure to the benefit of the parties hereto, their successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any interest in this Contract, in whole or in part, by operation of law or otherwise, without obtaining the prior written consent of City. ARTICLE 29 SEVERABILITY In the event 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, then such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto in writing. ARTICLE 31 ENGINEER'S ACCOUNTING RECORDS Records pertaining to the project, and records of accounts between City and Engineer, shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives at mutually convenient times. The City reserves the right to review all records it deems relevant which are related to this Contract. ARTICLE 32 NOTICES All notices to either party by the other required under this Contract shall be personally delivered or mailed to such party at the following respective addresses: City: City of Round Rock Attention: City Manager 221 East Main Street Round Rock, TX 78664 12 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: B. Craig McDaniel Vice President Business Administration Sanborn Map Company, Inc. 1935 Jamboree Dr., Suite 100 Colorado Springs, CO 80920 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the Engineering Services for each phase of this Contract within the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. (4) Standard of Performance. The standard of care for all professional engineering, consulting and related services performed or furnished by Engineer and its employees under this Contract will be the care and skill ordinarily used by members of Engineer's profession practicing under the same or similar circumstances at the same time and in the same locality. Excepting Articles 25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise, in connection with the Engineering Services. 13 (5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Engineer prepares. (6) Opinions and Determinations. Where the terms of this Contract provide for action to be based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. ARTICLE 34 SIGNATORY WARRANTY The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he/she has executed this Contract and that he/she has full and complete authority to enter into this Contract on behalf of the firm. The above -stated representations and warranties are made for the purpose of inducing City to enter into this Contract. IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its corporate name by its duly authorized City Manager or Mayor and Engineer, signing by and through its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. CITY OF ROUND ROCK, TEXAS APPROVED AS TO FORM: By: Nyle Maxwell, Mayor ATTEST: By: Christine Martinez, City Secretary SANBORN MAP CO By: tore o Princ nted Name: 14 Stephan L. Sheets, City Attorney LIST OF EXHIBITS ATTACHED (1) Exhibit A City Services (2) Exhibit B Engineering Services (3) Exhibit C Work Schedule (4) Exhibit D Fee Schedule (5) Exhibit E Certificates of Insurance EXHIBIT A City Services City to Scrub the Conversion Source Documents The purpose of scrubbing of the planimetirc drawings is to attempt to provide a comprehensive conversion source to minimize data conflicts, i.e. two different sizes to a water main etc. or the as -built drawings are not reliable and staff at the City has knowledge of the system that would be more accurate. This scrubbing process minimizes errors and maximizes the conversion and QA/QC process by eliminating potential data conflicts early in the project. The time to resolve data conflicts is before it is introduced into production process. The following steps outline the typical procedures to be utilized in this process. 1. City to draw or annotate the direction of flow on the wastewater lines. 2. City to review feature attributes (pipe size, material, install date) and annotate the information on the planimetirc maps Utility data annotated or documented on the plainimetic maps will take precedence over the scanned as -built drawings. Note: Significant differences between the planimetric and as -built drawings will be reported to the City through the PAR process. 3. Sources are reviewed to assure that features, i.e. pipes, mains, etc. that cross an edge of a sheet have the same attributes. (Sometimes developments made in phases, result in data conflicts between phase 1 and 2, etc.) 4. City staff will sign off on the sources as representing the most accurate and reliable available. City Provides Conversion Source Documents The conversion and field inventory process must be supported with reliable and complete source documents. Sanborn understands that in some situations these documents no longer exist and that the data capture and attribution will rely completely on the field inventory phase of the project. Conversion source data to include the following. • Existing digital orthophotography • Existing digital planimetric mapping • Existing cadastral data, including subdivision boundaries. • Record drawings • One set of marked up planimetirc maps showing water and wastewater. • Digital copies of scanned as -built drawings • Visio diagram of the data model • Existing water and wastewater geodatabase files. Initial source data will be provided to Sanborn on an external hard drive that will be provided by Sanborn. Intermittent and follow-on data requirements will utilize Sanborn's ftp site. Instructions to send and receive data from Sanborn's ftp site will be provided in the project work plan. The City and Sanborn will establish cut off dates for the delivery of conversion source documents. Cut off dates will establish the date on which documents will no longer be accepted into the conversion process. The cut off date will assure a smooth migration of the data into the geodatabase and field inventory process. Project Kick-off Meeting A kick-off meeting will be held with the City and all involved in the process to provide an overview of the project and to go over the City's responsibilities and how Sanborn and the City can work together to streamline the production process to insure the highest accuracy as well as currency. The kick-off meeting is also the time to modify and perfect the City's review process. Pilot (Proof of Concept) The City will participate in the Pilot process to insure that end product meets the City's needs for this project. It is customary to select a pilot area to test the project process. This pilot area, or proof of concept area, is utilized to implement and demonstrate that the project procedures with regard to both the administrative, project coordination, GPS, field inventory, safety, etc. are working and producing the results with respect to the project deliverables, budget and schedule. Outcomes from the pilot project will be evaluated, and where necessary, the project plan will be modified to correct the project approach or processes to meet specific objectives. The City will be asked to sign off on all plan revisions prior to implementation. This ensures that the modified plan has been accurately revised and that the City is in agreement with any and all modifications City Review The City's QA/QC will consist of a manual review of one set (204 sheets) of color plots (water and wastewater on one plot) as well as a visual verification of the attributes utilizing the geodatabase. Errors should be documented in a way that provides for efficient documentation of the error and efficient corrective action. Following the City's review of the project deliverables, the City will provide the geodatabase and documentation to Sanborn. The process is further defined as follows: 1. City reviews delivery area based on established project schedule. 2. City returns the utility geodatabase review comments (error points), along with written documentation/guidance. 3. Sanborn addresses each comment and makes the corrections (100 percent.) Errors calls that Sanborn feels are not correct will be reviewed with the City. 4. Sanborn corrects QA/QC errors 5. Sanborn loads the corrected geodatabase onto Sanborn ftp site and notifies City's Project Manager that the corrected data has been delivered. 6. City reviews the requested corrections to make sure Sanborn has complied with the corrective action. 7. Upon acceptance of the project deliverables, the City submits written acceptances to Sanborn. If the deliverable is rejected, the City will provide written corrective action to Sanborn. Requested edits or corrections must comply with the project scope of work and finalized data model. Upon completion of this edit cycle and delivery of the data to the City, the data is considered a final delivery. Further edits or updates to the data are the responsibility of the City unless otherwise negotiated into the contact. The following are define the two review methodologies. Sanborn will develop the review procedures with the City and incorporate these procedures into the project work plan. Review of Color Plots Sanborn will provide the City with color (paper) plots. Water and wastewater will be plotted together (204 sheets) utilizing the City's existing digital orho imagery or planimetric data as a basemap. The City will review and mark up the plots with the required edits. Edits will follow standard procedures to assure that the information being represented in clear and can be correctly interpreted. Examples of rules are as follows: Utilizing color pencils to depict the following: Red — delete feature. Blue — add feature (added features should include the required attributes) Green — note or instructions will not be added to the geodatabase. Geodatabase Review This database process allows the City to perform an onscreen QA/QC of the features and attributes place a point feature and document the required corrective action. Detailed requirements will be worked out with the City during the Project Initiation phase of the project, but typically the QA/QC database will consist of the following rules. • Topological error • Incorrect feature • Missing feature • Attribution error • Positional error This tool will provide the City with a method to clearly document the location of an error, as well as the easily document the corrective action. Acceptance Criteria Sanborn will work with the City in developing the criteria on which the project deliverables will be reviewed, commented and accepted or rejected by the City. The criteria and process that will be utilized by the City must be clearly defined and followed. One of the pitfalls in this process is that new or different conversion sources are introduced into the review process, or the sources provided at the beginning of the project are ignored. Sanborn and the City will establish the baseline conversion sources to be used and hold to those throughout the project. An industry standard for acceptance criteria for this type of project is as follows: • 100% connectivity/topology providing this can be determined from the conversion source documents. • 98 % correct attribution. Errors are counted on an attribute basis. An error is acknowledged if the delivered data does not match either the conversion source or the data captured in the field. • Survey will meet accuracy standards set for the stated RTK standards at a 95% confidence factor. • Sanborn will develop metadata using Federal Geographic Data Committee (FGDC) Content Standards for Digital Geospatial Metadata (CSDGM) for organizations. Metadata will be created for each feature class. The Acceptance Criteria represents the minimal requirements that are acceptable for delivery of the data to the City. The City will be provided one review cycle. Following the review cycle those edits/corrections are made, and the data is delivered to the City for final review and approval. Final plotting and creation of the GeoBook will be completed following the City's final written approval of the water and wastewater geodatabase. EXHIBIT B Engineering Services Project Overview This project for the City of Round Rock consists of attributing the City's existing water and wastewater geodatabase features as well as updating the data from the scanned as -built drawings. Following this update process the above ground features are GPS'd. During the GPS field inventory specified attributes will be collected. Upon completion of the field survey the features will be adjusted to their GPS position. Following a detailed QA/QC process, the water and wastewater goedatabase is delivered to the City for review. The following sections detail the procedures that will be followed during the execution of the Scope of Work. It is important to not only note the project tasks that will be completed by Sanborn but to also understand the very important role the City has in the successful execution of this plan. Following the project kick-off meetings, Sanborn will submit a detailed project work plan to the City. The work plan outlines specific guidelines and procedures that will dictate how the scope of work will be executed. It is very important that the project work plan accurately reflect the scope of work as well as define the various roles and responsibilities of the project participants. It is also very important that the project work plan be reviewed and accepted by the City prior to the start of the project pilot project. As such the City will be asked to review and sign off on the project work plan prior to the start of the pilot project. As the work plan is just that, a plan, it is carefully monitored and from time to time adjusted to accommodate required changes. As with the plan, all changes must be reviewed and accepted in writing by both Sanborn and the City prior to implementation. The following sections define the project scope of work. It is important that the scope of work be clear and concise with regard to the project tasks to be completed along with the planned project schedule. Changes to the scope of work will follow the Change Procedures as defined in the project work plan. Project Kick-off Meeting Sanborn will work with the City in organizing and developing the agenda for the project kick-off meetings to be held at the City. The purpose of the meetings are to review the project with regard to scope of work; schedule, and budget, and to provide the project team an opportunity for the planning and coordination required to initiate the project. At a minimum, the project meeting will cover the following topics: • Review the contract scope of services and ensure the scope meets the project requirements. Evaluate the database model with regard to specific project objectives. Changes may be required to support the conversion process, such as assigning a unique production ID, added fields to adjust the wastewater invert elevations, etc. • Evaluate the data model and conversion sources to clarify utility features and associated attribution requirements. • Establish project work areas. The project will be divided into project delivery areas. The City and Sanborn will work on developing these areas. Areas should not be too small or too large. • Review and establish conversion source hierarchy in the event there are multiple conversion sources. • Review the Problem Action Report (PAR) processes to resolve data conflicts and City's response requirements. • Review data collection routes, and evaluate safety and access issues. • Review digitizing and attribution rules along with production work flow and schedule. • Review RTK/GPS processes and establish the availability of existing control and GPS base station configurations at each facility. • Survey monumentation. • Recovery information. • Review Not Found recovery procedures. • Review and clarify data acceptance criteria. • Review network and connectivity issues associated with utilization of Sanborn's ftp and web conferencing tools. Input from the workshops will be used in the development of the required production tools and finalization of the Project Work Plan. Pilot (Proof of Concept) It is customary to select a pilot area to test the project process. This pilot area, or proof of concept area, is utilized to implement and demonstrate that the project procedures with regard to both the administrative, project coordination, GPS, field inventory, safety, etc. are working and producing the results with respect to the project deliverables, budget and schedule. Outcomes from the pilot project will be evaluated, and where necessary, the project plan will be modified to correct the project approach or processes to meet specific objectives. The City will be asked to sign off on all plan revisions prior to implementation. This ensures that the modified plan has been accurately revised and that the City is in agreement with any and all modifications. Pilot project evaluation considerations are as follows: • Evaluate data model and document deficiencies, i.e. missing domain values. • Evaluation of conversion source documents, planimetric and as -built scanned images, as they relate to capture and attribution. Fill holes or deficiencies before proceeding to a citywide program. • Field check of RTK/GPS accuracy. • Field check of captured attributes. • Evaluate QA/QC process and project deliverables. • Error point placement process • Check plot review process • Evaluate deliverables to ensure they support the City's current and future needs. Results of the City's evaluation are documented and submitted to Sanborn for review. Modifications to project processes are reviewed and agreed upon prior to implementation. Following the completion of the pilot project, the City will provide a written notice to proceed to full production on the remaining project areas. Development of Production Tools Following the completion of the project kick-off meeting, Sanborn will begin the tasks associated with the setup phase of the project. Project setup consists of the configuration of the pre -survey digitizing, attribution, and QA/QC tools required too meet specific project requirements. Digitizing and attribution tools will follow the database model with respect to the feature class, attribution, and domain tables. The objective is to minimize the key entry of attributes and utilize pick lists based on the data model. In addition to the development of the production tools, Sanborn will work with the City in the development of attribution rules. The rules will establish specific guidelines on the standardization of non -domain attribution values, i.e. location descriptions. Details such as abbreviations of direction, NW vs. N.W. and use of upper or lower case are reviewed and established. Note: These rules may impact the attribution that was performed by the City. Edits can be made in the feature attribute tables, vs. visiting each feature. In addition to the attribution rules, the City will establish the hierarch, when multiple sources are involved in digitizing and attribution process. Upon completion of the guidelines, the City will be asked to sign off as acceptance of the rules. The accepted rules become part of the Project Work Plan. Changes to the rules will follow the change order process as outlined in the work plan. Georeference Source Documents Sanborn will assign each scanned image to its ortho grid. If an image covers multiple grids, up to two grid numbers will be assigned. Scanned as -built drawings utilized for the map updates and attribution will be georeferenced to their general location. The georeferenced image will not produce an exact match to the geodatabase, but will be referenced utilizing a simple two point fit. Scanned drawings that are not utilized for the mapping project will be referenced to its grid, but not georeferenced. Update the City's Existing Geodatabase The City has previously captured a significant amount of the water and wastewater system. This phase of the project will focus on a thorough QA/QC of this data as well as performing updates from the scanned as -built drawings. Gross errors will be documented with a Problem Action Resolution (PAR) form and reported to the City for resolution. Gross errors would be defined as significant differences between the existing planimetric data and the as -built drawings. Small differences such as adding valves, hydrants, manholes will be made and will not require reporting. This review will also correct the direction of flow on the wastewater features as the City indicated that in some cases this may not have been performed correctly during the initial capture of the linear features. In addition to the review of the City's existing data, Sanborn will perform an update of the existing data. The update process will utilize a heads -up digitizing methodology to perform the initial digitizing and attribution of the utility features. Utility point features, i.e. manholes, inlets, junctions, etc., will be placed in their approximate georeferenced location utilizing existing planimetric and/or digital orthophotography as the base map. Where possible, the visible features from the City's existing digital orthophotography will be utilized for positional placement. Larger features, such as pump stations, etc. will be positioned from the City's existing orthophotography. Attribution will be captured from the planimetirc and scanned as -built drawings. Wastewater linear features are digitized in their direction of flow, as shown on the source. Segments are snapped at the beginning and end of the features corresponding end nodes. Digitizing of linear features is again followed with attribution of required values from the conversion source. Install dates will be captured for the required features based on the stamp date on the cover of the as -built drawings. Following the capture and attribution, a unique production ID is assigned to each utility feature. The unique ID is utilized during the production phase of the project to relate the RTK/GPS survey and field inventory data back to the digitized feature. Pre -captured Geodatabase Submitted to City for Review Once the pre -captured water and wastewater geodatabase update is complete the data is submitted to the City for review. The purpose of this review is to assure that areas within the City being served by either water or wastewater have not been overlooked, i.e. missing a subdivision, etc. In addition to serving as a pre -survey review, the data can be utilized by the City during the GPS survey efforts. The water and wastewater geodatabase will have the unique production ID assigned to the feature. Issues associated with access, or Not Founds will be reported to the City by describing the general area, but may also be reported by the unique ID. The City may use the data and locate the feature in the geodatabase by search for the unique ID. Once identified, the feature can be printed and the hard copy utilized to resolve the access or Not Found issues. Sanborn (Baker-Aicklen) and the City Develop Field Capture Guidelines It is very important that each member of the project team involved with the capture of data associated with this project perform the task the same way. The development of capture guidelines assures that the surveyors and staff associated with the capture of measure downs and feature attributes are performing the tasks in a consistent, exact manner. Program GPS Data Collectors Based on the Field Capture Guidelines, Sanborn (Baker-Aicklen) programs the GPS data collectors. The guidelines are incorporated into the development of the data dictionary to be utilized for the GPS and attribution field inventory. A Trimble based data collection file will be provided to the City as a project deliverable. Perform required Survey/Field Inventory The digital utility files, along with the unique IDs, are loaded onto the GPS data collectors. In addition, if available, limited planimetric features i.e. street centerlines, etc. is exported to aid the GPS crews with navigation. This process allows the surveyor to walk to the mapped features. It also provides an opportunity to validate the location and existence of a feature location prior to deploying staff to a project area to perform the collection. GPS Procedures Each daily GPS collection cycle begins with each GPS crew occupying a known control checkpoint to assure that the GPS data collectors are performing properly. In addition a daily GPS collection cycle is concluded by observing those same check points at the end of the day. The geodetic engineer validates the positional accuracy of the data collected during this capture episode based on the capture of the repeated features and comparing the values of the feature repeats. Feature attributes will include a three-dimensional position, X, Y, Z, feature class, unique identification number, and survey class. The survey class will consist of "GPS" if the feature is successfully surveyed, "Obscured" if the GPS or radio signals are obscured by trees or buildings to the point that it is not possible to acquire an accurate position of the feature, and "Not Found" if the feature cannot be located and Inaccessible if access to the features is denied. In addition, Sanborn includes a notes field in the data collectors to allow the GPS technician to note issues with the feature that may be of interest to the process. In order to maintain the project schedule, typically, Sanborn implements a four minute rule, which means that the surveyor will spend up to four minutes looking for the feature before it is classified as Not Found. In cases where new features are found in the field that cannot be correlated to the utility data displayed on the data collector and it is deemed that the feature is a required feature, i.e. hydrant, manhole, etc., the feature will be surveyed and assigned an ID of "0" in the field. A feature ID of "0" represents a "New" feature. Not Found, Inaccessible and obscured features will be reported to the City on weekly basis. The City will work to recover or resolve access issues. Results of the City's efforts will be reported back to Baker-Aicklen. Features that have been recovered, or access has been gained will be revisited for survey. Obscured features will be reported to the City for review as well. The City will have an option to have the obscured features captured via. conventional survey. These services will be offered to the City on a unit price basis. Sanborn will attempt to resolve new features against the as -built drawings. New features that can be resolved will be connected to the system. Features that cannot be resolved will be reviewed by the City during their QA/QC process. GPS Accuracy The accuracy of the GPS positions successfully obtained will have a horizontal and vertical accuracy of +/- one foot stated as an RMSE with a confidence factor of 95%. RTK/GPS collects data utilizing satellites and a base station. Due to the real time nature of RTK/GPS there is virtually no post -processing that can be utilized in a QA/QC process; therefore, Baker-Aicklen & Associates, Inc. adhere to strict data capture guidelines and procedures to ensure that the project specifications are being met. The fist step in establishing data QA/QC is to verify the calibration of the GPS unit. This is done by surveying a known or established survey monument. The published positional data associated with the monument is compared to the data collected with the GPS, and the position variance is checked to ensure that the base station and RTK GPS are working within the project specifications. GPS QA/QC The GPS process utilizes the unique ID assigned when the features were digitized from the conversion sources. The features and unique ID are utilized in the QA/QC process to ensure that every required feature was collected. This is accomplished by comparing the unique ID from the conversion sources to the unique ID associated with the data captured during the GPS event. A comparison of the two data sets ensures that features were not missed. Sanborn runs checks against the feature repeats to assure the duplicated features fit within the positional accuracy requirements of the project. Additionally, the pre - capture check on control points is utilized to assure that each GPS unit is properly calibrated prior to a capture event. The final QA/QC process is the creation of the survey report and calculation of the root mean square error (RMSE). This report utilizes the checks on the survey monuments as well as the repeated survey data. This data is utilized to calculate the RMSE for the surveyed features. This document is delivered to the City as evidence that the survey was performed within the project specifications. Field Capture of Attributes Baker-Aicklen & Associates, Inc. will collect attributes of the required features associated with manholes, hydrants and valves in accordance with the Project Work Plan. The inventory will be performed from street level only. Confined space entry will not be included in the Scope of Work. Attributes to be collected (when available) are as follows: Fire Hydrants attributes' to field captured (when available) ♦ Make • Model • Year Manufactured • Valve ♦ Potable • GPS Date Valve attributes' to field captured (when available). • Valve Type • GPS Date • Install Date • Make • Model Manhole's attributes' to field captured (when available). • Manhole Number • Diameter of Cover • GPS Date It is important to note that the RTK/GPS and field inventory and capture of the attributes on water and wastewater systems will be performed as a single pass. Link Field Inventory and GPS Data to Corresponding GIS Feature Utilizing the unique ID assigned to the utility features, the corresponding GPS data and field inventory (attributes) are loaded into the database. Perform Feature Adjustment/Manual Editing The utility features are adjusted to their corresponding GPS surveyed location. Sanborn's process moves the feature node, i.e. manhole, while maintaining connectivity. At this time the field inventory attributes are loaded. Default elevations are assigned to features that were not surveyed due to being obscured or Not Found. (Defaults to be established by the City, i.e. 999.99) Note: Establishment of defaults are important as they indicate that the attribute data was not available from source vs. missed in the conversion and attribution process. Missing attributes indicate that the data was missed and would be revisited. Elevation data captured from sources will be utilized to determine the depth of a pipe. The depth will be subtracted from the GPS Z elevation to recalculate the wastewater invert elevations. Elevations that cannot be calculated due to missing as -built values will be set to a predefined default value. Some manual editing may be required to adjust features that could not be GPS'd. Adjustments are usually minimal and are performed in adherence to strict rules. Primarily the adjustments are performed to adjust a position of a non-GPS'd feature for aesthetic purposes. Following adjustment and attribution, valve numbers will be assigned. The valve number will consist of the Grid number and a unique ID. Problem Resolution During the life cycle of the project, issues will arise that require resolution. Typically, these issues deal with conversion source discrepancies or data anomalies that do not fit the planned conversion processes. In these events, Sanborn has traditionally used a process called Problem Action Report (PAR) to identify a problem and present a solution. Sanborn will document each problem encountered that is not clearly addressed in the conversion plan and submit a PAR to the City. The City reviews the PAR and either approves the proposed solution or provides an alternative solution. The final resolution must be agreed upon and signed by both parties prior to execution. PARs will always, at a minimum, include the following: • Source map number/type • Date the PAR was issued • Name of the technician responding • The problem/anomaly description • Screen capture of the problem area • Sanborn's recommended solution • Area for the City to sign off on recommended solution In some cases, a resolution to a PAR is applied globally, meaning that the solution would be applied whenever the same situation is encountered. If this situation occurs, the PAR is incorporated into the conversion plan and adopted for the remainder of the project. This is only done with written authorization from the City. Copies of PARs associated with a delivery area are submitted upon delivery. PARs are incorporated into the QA/QC and review process to ensure that the corrective action is not changed during the review process. This is very important because of the level of effort to collect data, analyze it, and provide a remedy must not be overturned in the review process. Each PAR is given a unique tracking number. The status of all PARs are tracked and reported on a weekly basis. Typically, Sanborn requests that a submitted PAR be resolved within two working days. QA/QC of Project Deliverables Sanborn will perform the QA/QC of the attributed features. QA/QC will consist of both an automated and a manual process. The automated process consists of an application that will validate mandatory attribute values to ensure that all values are complete. The manual QA/QC will consist of a visual validation of feature attributes looking for anomalies related to feature position, topology, etc. Specifically with the water utility, Sanborn will review the adjusted features and the pipe segments to assure they follow the curvature of the street where appropriate. Acceptance Criteria Sanborn will work with the City in developing the criteria on which the project deliverables will be reviewed, commented and accepted or rejected by the City. The criteria and process that will be utilized by the City must be clearly defined and followed. One of the pitfalls in this process is that new or different conversion sources are introduced into the review process, or the sources provided at the beginning of the project are ignored. Sanborn and the City will establish the baseline conversion sources to be used and hold to those throughout the project. An industry standard for acceptance criteria for this type of project is as follows: • 100% connectivity/topology providing this can be determined from the conversion source documents. • 98 % correct attribution. Errors are counted on an attribute basis. An error is acknowledged if the delivered data does not match either the conversion source or the data captured in the field. • Survey will meet accuracy standards set for the stated RTK standards at a 95% confidence factor. • Sanborn will develop metadata using Federal Geographic Data Committee (FGDC) Content Standards for Digital Geospatial Metadata (CSDGM) for organizations. Metadata will be created for each feature class. The Acceptance Criteria represents the minimal requirements that are acceptable for delivery of the data to the City. The City will be provided one review cycle. Following the review cycle those edits/corrections are made, and the data is delivered to the City for final review and approval. Final plotting and creation of the GeoBook will be completed following the City's final written approval of the water and wastewater geodatabase, Sanborn's Edit Cycle Sanborn will receive the City's review comments and begin the final edits. City's review comments that are outside of the scope of work, or in error, will be documented and returned to the City for review. Edit conflicts that can be resolved during the edit cycle will be performed. Project Deliverables Sanborn prepares the project deliverables in accordance with the contract and final project work plan. Based on the City's RFQ Number 5-023 the project deliverables would consist of the following: • GIS Database — ArcGIS database containing one feature dataset with five feature classes representing valves, hydrants, manholes, water lines and wastewater lines. • Metadata — Sanborn will create metadata for each of the five feature classes represented in the geodatabase. • GPS Field Capture Guidelines • GPS Survey Report • GPS Collection Data Dictionary — Sanborn will provide the GPS (Trimble) data dictionary along with a digital copy of the Field Capture Guidelines. • Water/Wastewater System Mapping — this mapping consists of one original hard copy of each of the new GIS Water and Wastewater System Maps based on the aerial imagery grid (approximately) 204 sheets per set. (The total number of sets to be provided is four. One set for review and three final sets.) GeoBook A GeoBook will be created upon receiving written final acceptance of the geodatabase deliverables. Completion of the GeoBook is expected to take two months following final written acceptance. GeoBook will function as a navigation, data display tool in a non ESRI environment. The GEOBOOK will consist of chapters that contain the following. 1. Project Work Plan (document) 2. Field Capture Guidelines (document) 3. Survey Report (document) 4. Map index (Shape file format) 5. Scanned Georeferenced (new) planimetric map sheets G. Scanned as -built drawings utilized for attribution Water geodatabase (Shape file format) 8. Wastewater geodatabase (Shape file format) 9. Existing Mr. Sid imagery The first three chapters will be based on items 1 through 3 respectively. The Interactive Map will contain the following functionality: i. Users will be able to turn on or off the base layers (Map Index), Water, Wastewater and Imagery Layers. 2. Users will be able to pan / zoom and conduct and identify type query on the Water & Wastewater layers. 3. Two query tools will be created that will serve as ways to view Items 5 & 6; Scanned Planimetric Maps and Scanned as -built drawings. These drawing will be brought up in a separate window that the user will be able to zoom and pan within. 4. Users will be able to print the documents from the application along with a simple 8.5 x 11 map output of the data based on the current extent of the map they are using. Before authoring the GeoBook, Sanborn will meet with the City in order to finalize out the functionality and layout of the application as well as to gather any additional data required (i.e., logos, title blocks, photos and other graphics). GeoBook Optional Function As an option; Sanborn would provide functionality that would enable users to select a location on a water or wastewater line and simulate a break in the line. This information can then be used with the City's existing parcel and address data to identify the parcels affected by a break. A report will be generated that includes a map and the parcel numbers and/or addresses of effected parcels. Note, water valves will require attribution of open or closed. This GeoBook optional function is dependant on the database design and having specific attribution, addressing, etc. Sanborn will meet with the City; discuss specific requirements and costs should the City be interested in this option. EXHIBIT C Work Schedule (Behind this page) �.,.� City of Round Rock, TX GPS Collection and Development of a GIS Database for Water and Wastewater DRAFT Project Schedule ,. _ i.._....____ i._....._.... ir.....a. la.n n.�,ne, leen n,�ano. Itis Mader 12nd Quarter 13rd Ouener ¢ LL; 0 a g a. O. 4. Iw.. i= ` _ v_ J g µ_i go r I I Tack ,,,,,._ W fl Progress Summary natematT les i,r.t.� ,ry,,,, Deedllne 050 Milaslone Piajad Summary EMemal Mllesl000 _ __ LL13 ofdmmr V a s -- 8. B o,1- a -, a a o @ a e _ e . aSS.ggd 5ma m; " E a - u s r " . r LL a a a 8' P e Q r a 0 a 8s N S 4. .:4',4 ? a S a a- a a : 3 a u �i g r ,'- 3 3 3 i 3 3 ' i f f x f Es E f E .2 2 LL' .8 8 e� „m� mm�gaRaaaa _ E r E r a P m 5 0' a _ $ Sm e`Eu mtm iw %-.E.n $ _i'.E _E _ °° w i m c� as t $.S _ 7.• 3 a u 9 3 E I - ; _ ,o m 2 t 8 `< m$ ; _ s i 9 E i _ v '' i m 3 0 E 3 =v ; S S E 3 O i i - �o rn a yy ?@ n g e g E€ h a E€• b' C € € R E B C a m Jpi rii y -E .�a�$uom$ea�,8ac�b8Ea84''$aN.EBS Um C '� K m N -x m in i U in U L m C w di m in U in U 'Q rn M m m U rn a 4 R a` u3 MM MM M i a E Project: Dmlt Pfoject Schedule Date: Teel 1 06 + �« 1 Im m f{ I w ( 1 _ f � ' m Im 2 , i . . I '�.4 `�{ A jn Ig 1� iQ � 1 ie to { i'1`,' EXHIBIT D Fee Schedule (Behind this page) EXHIBIT D Fee Schedule The project costs detailed below are based on a carefully estimated number of utility service points, as identified through numerous meetings and conversations with City Staff. This was also verified through random samples of the source scan sheets that will be used to create the original map layers. The estimated number of points is 18,000. Under this contract both the City and Sanborn agree that there will be no additional charge or discount should the number of actual points fall within the 17,000 to 19,000 point range. Should the actual number of points fall below 17,000 then there will be a price discount of $13.80 per point, which is the quoted price to GPS utility locations. Additional GPS points and the associated mapping costs beyond 18,000 are detailed below. The revised 3 -year project budget listed below is limited to a cost increase for the Project Manager and a 4% cost of living increase for all line items, after the first year, with the exception of GeoBook which has not changed. Project Task Georeference Scanned Images and Index Development Review and Update of Water and Wastewater Check Plot Development (3 sets) GPS Field Inventory (18,000 features) Principal/Project Management Principal/Project Management Travel GeoBook Project Total Costs $ 32,854 $ 248,746 $ 14,475 $ 248,457 $ 70,633 $ 13,400 $ 19,151 $ 647,716 GPS Survey and Associated Mapping unit costs Unit prices for resurvey do to inaccessible or obscured features will be based on a mobilization for a minimum of 20 features. Baker-Aicklen will work with the City and coordinate these events to meet the minimal requirements. This approach will lower the cost per unit for resurvey due to the fixed cost of mobilization. The unit cost to survey these features is $26.62. It is assumed that these features will typically be located within the street right-of-way. This price incorporates GPS plus digitizing, attribution and conversion from source. In the case of wastewater lines that run in or along creek and drainage channels, are not readily assessable, and would require conventional traverse to accomplish the survey, the unit cost does not apply. If these events become a project requirement, a separate price will be provided and negotiated with the City. Work will proceed upon authorization from the City. Project Assumptions The project costs were derived utilizing the following project assumptions: 1. Approximately 85% of the data was previously captured from source and will require a thorough review and update from the scanned as -built drawings. 2. Approximately 15% of the data will require full capture and attribution from the scanned as -built drawings. 3. The City estimates that there are approximately 18,000 utility valves, manholes and hydrants that will require GPS survey and conversion. 4. One set of color check plots and two sets of color final plots will be provided to the City. 5. Only the as -built drawings utilized for conversion will be georeferenced to their approximate position utilizing a two point reference. Other as -built drawings will be linked to the centroid of the map index, but not georeferenced. 6. GeoBook will be completed and provided as a read only document. The project costs do not include the GeoBook author software. 7. GPS unit cost is for those features that are within the typical street right-of- way. EXHIBIT E Certificate of Insurance (Behind this page) CERTIFICATE OF LIABILITY INSURANCE Date: 10/18/2005 PROFESSIONAL SERVICES PRODUCER COMPANIES AFFORDING COVERAGE Marsh USA, Inc. 200 Clarendon St. 34th Floor A S I'EADFAST INSURANCE COMPANY Boston, MA 02116-5021 B INSURED The Sanborn Map Company, Inc., etal. C D THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business operations hereinafter described for the types of insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LIMITS LTR NUMBER DATE DATE PROFESSIONAL LIABILITY EOC 9005974 01 10/01/05 10/01/06 $IOM per Claim/ $10M Aggregate DESCRIPTION OF SPECIAL ITEMS/EXCEPTIONS VII Conditions, H other Insurance Should any of the above described policies be cancelled or changed before the expiration date thereof, the issuing company will mail thirty (30) days written notice to the certificate holder named below. CERTIFICATE HOLDER: City of Round Rock 221 E. Main Street Round Rock, TX 78664 Attn: Christine Martinez, City Secretary SIGNATURE OF AUTHORIZED SENTATIVE f Typed Name: Kathleen Murphy : i�• Titre: Senior Underwriter DATE: February 2, 2006 SUBJECT: City Council Meeting - February 9, 2006 ITEM: 10.D.3. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with Sanborn Map Company, Inc. for the 2005 GPS/GIS Mapping of Water and Wastewater Features Project. Department: Water and Wastewater Utilities Staff Person: Tom Clark, Director Justification: The 2005 GPS/GIS Mapping of Water and Wastewater Features project is a three-year project to consolidate the Water & Wastewater System Maps developed in the 1980's and the current digital GIS Water and Wastewater System Maps into one comprehensive map system. Funding: Cost: $647,716.00 Source of funds: Capital Project Funds- Water/Wastewater Utility Outside Resources: Sanborn Map Company, Inc. Background Information: The City mapping system is currently in several forms from hand drawn maps to digital data available on computer. This project will update the City mapping database and merge the old data with new data to create one source for all mapping. The project will also include GPS coordinates for 18,000 manholes, fire hydrants and valves. When complete, Utility crews and fire department personnel will be able to access the information through desktop computer or laptop computer within the city. The project is needed to assist utility crews to isolate pipeline segments for repairs and during emergencies, assist the fire department in locating fire hydrants during emergencies and will assist other City departments with planning information. A system has been developed for internal personnel can maintain the data and update new development to the system. We received responses from 10 firms that were reviewed by an internal committee of 6 people. Three firms were chosen to provide an oral presentation to the committee. The committee is recommending a team of Sanborn Map Company, Inc. and Baker- Aiklen to perform the work. Public Comment: N/A ROUND ROCK, TEXAS PURPOSE, PASSION. PROSPERITY. CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: SANBORN MAP COMPANY, INC. ("Engineer") ADDRESS: 1935 Jamboree Dr., Suite 100, Colorado Springs, CO 80920 PROJECT: 2005 GPS/GIS MAPPING OF WA [ER & WASTEWATER FEATURES THE STATE OF TEXAS COUNTY OF WILLIAMSON ,4010§ THIS CONTRACT FOR ENG RING SERVICES ("Contract") is made and entered into on this thel day of ' � r , ,. • a 5 by and between the CITY OF ROUND ROCK, a Texas home - rule municipal corporation, w lose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of contracting for professional engineering services. RECITALS: WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement by municipalities of services of professional engineers; and WHEREAS, City and Engineer desire to contract for such professional engineering services; and WHEREAS, City and Engineer wish to document their agreement concerning the requirements and respective obligations of the parties; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: Engineering Services Contract File Name: sanborn-gps/gismapping; 94374 R....°060 C) c)3 1 Rev. 04/06/05 00064494 CONTRACT DOCUMENTS The Contract Documents consist of this Contract and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Contract as if attached to this Contract or repeated herein. ARTICLE 1 CITY SERVICES City shall perform or provide services as identified in Exhibit A entitled "City Services." ARTICLE 2 ENGINEERING SERVICES Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering Services." Engineer shall perform the Engineering Services in accordance with the Work Schedule as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineering Services under this Contract may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all Engineering Services. Should the review times or Engineering Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may submit a timely written request for additional time, which shall be subject to the approval of the City Manager. ARTICLE 3 CONTRACT TERM (1) Term. The Engineer is expected to complete the Engineering Services described herein in accordance with the above described Work Schedule. If Engineer does not perform the Engineering Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue from day to day until such time as the Engineering Services are completed. Any Engineering Services performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Engineering Services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all Engineering Services required under this Contract in a professional manner. 2 (3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with Engineering Services until authorized in writing by City to proceed as provided in Article 7. ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as full compensation for the Engineering Services performed and to be performed under this Contract. The amount payable under this Contract, without modification of the Contract as provided herein, is the sum of Six Hundred Forty-seven Thousand Seven Hundred Sixteen & No/100 Dollars ($ 647,716.00 ) as shown in Exhibit D. The lump sum amount payable shall be revised equitably only by written Supplemental Contract in the event of a change in Engineering Services as authorized by City. Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the Engineering Services and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory progress of Engineering Services shall be an absolute condition of payment. The fee herein referenced may be adjusted for additional Engineering Services requested and performed only if approved by written Supplemental Contract. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall prepare and submit to City, not more frequently than once per month, a progress report as referenced in Article 4 above. Such progress report shall state the percentage of completion of Engineering Services accomplished during that billing period and to date. Simultaneous with submission of such progress report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a form acceptable to City. This submittal shall also include a progress assessment report in a form acceptable to City. Progress payments shall be made in proportion to the percentage of completion of Engineering Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering Services actually provided and performed. Upon timely receipt and approval of each statement, City shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its determination, that tasks were completed. The certified statements shall show the total amount earned to the date of submission and shall show the amount due and payable as of the date of the current statement. Final payment does not relieve Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its negligence. 3 ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will be made within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for services, whichever is later. Engineer 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 in the event: A. There is a bona fide dispute between City and Engineer concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the Engineering Services performed which causes the payment to be late; or D. The invoice is not mailed to City in strict accordance with instructions, if any, on the purchase order, or this Contract or other such contractual agreement. City shall document to Engineer the issues related to disputed invoices within ten (10) calendar days of receipt of such invoice. Any non -disputed invoices shall be considered correct and payable per the terms of Chapter 2251, V.T.C.A., Texas Government Code. ARTICLE 7 NOTICE TO PROCEED The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a written Notice to Proceed regarding such task. The City shall not be responsible for work performed or costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued. ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Contract is as follows: David Freireich, P.E. Senior Utility Engineer 212 Commerce Round Rock, Texas 78664 Telephone Number (512) 671-2756 Fax Number (512) 218-3242 Email Address dfreireich@round-rock.tx.us 4 City's Designated Representative shall be authorized to act on City's behalf with respect to this Contract. City or City's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential progress of Engineering Services. Engineer's Designated Representative for purposes of this Contract is as follows: Art Warner Director of GIS and Utility Services 1935 Jamboree Dr., Suite 100 Colorado Springs, 80920 Telephone Number (719) 264-5542 Fax Number (719) 528-5093 Email Address awarner@sanborn.com ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the Engineering Services, confer with City at City's election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by City, in order for City to evaluate features of the Engineering Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the offices of City, or at other locations designated by City. When requested by City, such conferences shall also include evaluation of the Engineering Services. Should City determine that the progress in Engineering Services does not satisfy the Work Schedule, then City shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise City in writing of events which have or may have a significant impact upon the progress of the Engineering Services, including but not limited to the following: (1) Problems, delays, adverse conditions which may materially affect the ability to meet the objectives of the Work Schedule, or preclude the attainment of project Engineering Services units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contemplated, and City assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the Work Schedule goals sooner than anticipated. 5 ARTICLE 10 SUSPENSION Should City desire to suspend the Engineering Services, but not to terminate this Contract, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by agreement and signature of both parties. The Engineering Services may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of both parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option of terminating this Contract. If City suspends the Engineering Services, the contract period as determined in Article 3, and the Work Schedule, shall be extended for a time period equal to the suspension period. City assumes no liability for Engineering Services performed or costs incurred prior to the date authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering Services is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL ENGINEERING SERVICES If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify City in writing. In the event City fords that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise Engineer and a written Supplemental Contract will be executed between the parties as provided in Article 13. Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the performance of the Engineering Services authorized in this Contract or any amendments thereto. ARTICLE 12 CHANGES IN ENGINEERING SERVICES If City deems it necessary to request changes to previously satisfactorily completed Engineering Services or parts thereof which involve changes to the original Engineering Services or character of Engineering Services under this Contract, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional Engineering Services and paid for as specified under Article 11. Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to correct errors appearing therein, when required to do so by City. No additional compensation shall be due for such Engineering Services. 6 ARTICLE 13 SUPPLEMENTAL CONTRACTS The terms of this Contract may be modified by written Supplemental Contract if City determines that there has been a significant change in (1) the scope, complexity or character of the Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4. It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until the City authorizes full execution of the written Supplemental Contract and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. ARTICLE 14 OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this Contract are the exclusive property of City and shall be furnished to City upon request. All documents prepared by Engineer and all documents furnished to Engineer by City shall be delivered to City upon completion or termination of this Contract. Engineer, at its own expense, may retain copies of such documents or any other data which it has furnished City under this Contract. ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the project when so instructed by City. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required under this Contract, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under this Contract without prior written approval from City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by City prior to Engineering Services being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. ARTICLE 17 EVALUATION OF ENGINEERING SERVICES City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the Engineering Services performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any fmal report is issued. City's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Contract may be terminated as set forth below. (1) By mutual agreement and consent, in writing, of both parties. (2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to perform the Engineering Services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon not less than thirty (30) days' written notice to Engineer. (5) By satisfactory completion of all Engineering Services and obligations described herein. Should City terminate this Contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Engineer. In determining the value of the Engineering Services performed by Engineer prior to termination, City shall be the sole judge. Compensation for Engineering Services at termination will be based on a percentage of the Engineering Services completed at that time. Should City terminate this Contract under Subsection (4) immediately above, then the amount charged during the thirty -day notice period shall not exceed the amount charged during the preceding thirty (30) days. If Engineer defaults in the performance of this Contract or if City terminates this Contract for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer in performing the Engineering Services to the date of default, the amount of Engineering Services required which was satisfactorily completed to date .of default, the value of the Engineering Services which are usable to City, the cost to City of employing another firm to complete the Engineering Services required and the time required to do so, and other factors which affect the value to City of the Engineering Services performed at the time of default. The termination of this Contract and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations, then City may take over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be liable to City for any additional and reasonable costs incurred by City. Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurements made by Engineer in support of the Engineering Services under this Contract. ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. Engineer shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Contract, including without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance. Engineer shall further obtain all permits and licenses required in the performance of the Engineering Services contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. ARTICLE 22 INDEMNIFICATION Engineer shall save and hold harmless City and its officers and employees from all claims and liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this Contract, which are caused by or which result from the negligent error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. 9 Engineer shall also save and hold City harmless from any and all expenses, including but not limited to reasonable attorneys fees which may be incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City as a result of such negligent activities by Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall promptly make necessary revisions or corrections to its work product resulting from errors, omissions, or negligent acts, and same shall be done without compensation. City shall determine Engineer's responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be relieved of responsibility for subsequent correction of any such errors or omissions in its work product, or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to City in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. ARTICLE 25 NON -COLLUSION, FINANCIAL INTEREST PROHIBITED (1) Non -collusion. Engineer warrants that he/she/it has not employed or retained any company or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City reserves and shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer, his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire term while this Contract is in effect professional liability insurance coverage in the minimum amount of One Million Dollars per occurrence from a company authorized to do insurance business in Texas and 10 otherwise acceptable to City. Engineer shall also notify City, within twenty-four (24) hours of receipt, of any notices of expiration, cancellation, non -renewal, or material change in coverage it receives from its insurer. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26, Section (1) above, including the required provisions and additional policy conditions as shown below in Article 26, Section (3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Contract, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: (a) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non- renewal or reduction in limits by endorsement a notice thereof shall be given to City by certified mail to: City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 (b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any such future coverage, or to City's Self -Insured Retentions of whatever nature. (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein entitled "Certificates of Insurance." ARTICLE 27 COPYRIGHTS City shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any reports developed by Engineer for governmental purposes. 11 ARTICLE 28 SUCCESSORS AND ASSIGNS This Contract shall be binding upon and inure to the benefit of the parties hereto, their successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any interest in this Contract, in whole or in part, by operation of law or otherwise, without obtaining the prior written consent of City. ARTICLE 29 SEVERABILITY In the event 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, then such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto in writing. ARTICLE 31 ENGINEER'S ACCOUNTING RECORDS Records pertaining to the project, and records of accounts between City and Engineer, shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives at mutually convenient times. The City reserves the right to review all records it deems relevant which are related to this Contract. ARTICLE 32 NOTICES All notices to either party by the other required under this Contract shall be personally delivered or mailed to such party at the following respective addresses: City: City of Round Rock Attention: City Manager 221 East Main Street Round Rock, TX 78664 12 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: B. Craig McDaniel Vice President Business Administration Sanborn Map Company, Inc. 1935 Jamboree Dr., Suite 100 Colorado Springs, CO 80920 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the Engineering Services for each phase of this Contract within the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. (4) Standard of Performance. The standard of care for all professional engineering, consulting and related services performed or furnished by Engineer and its employees under this Contract will be the care and skill ordinarily used by members of Engineer's profession practicing under the same or similar circumstances at the same time and in the same locality. Excepting Articles 25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise, in connection with the Engineering Services. 13 (5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Engineer prepares. (6) Opinions and Determinations. Where the terms of this Contract provide for action to be based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. ARTICLE 34 SIGNATORY WARRANTY The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he/she has executed this Contract and that he/she has full and complete authority to enter into this Contract on behalf of the firm. The above -stated representations and warranties are made for the purpose of inducing City to enter into this Contract. IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its corporate name by its duly authorized City Manager or Mayor and Engineer, signing by and through its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. CITY OF RO By: Nyl ATT By: ell, Mayor Christine Martinez, City Secretary SANBORNMAP CO►'- OZ./ _A..4 Lip .tune o Princ.4.� ted Name: By: 14 APPRO D AS TO FOR: L Sheets, City Attorney illtiron At. 11, Stephan LIST OF EXHIBITS ATTACHED (1) Exhibit A City Services (2) Exhibit B Engineering Services (3) Exhibit C Work Schedule (4) Exhibit D Fee Schedule (5) Exhibit E Certificates of Insurance EXHIBIT A City Services City to Scrub the Conversion Source Documents The purpose of scrubbing of the planimetirc drawings is to attempt to provide a comprehensive conversion source to minimize data conflicts, i.e. two different sizes to a water main etc. or the as -built drawings are not reliable and staff at the City has knowledge of the system that would be more accurate. This scrubbing process minimizes errors and maximizes the conversion and QA/QC process by eliminating potential data conflicts early in the project. The time to resolve data conflicts is before it is introduced into production process. The following steps outline the typical procedures to be utilized in this process. 1. City to draw or annotate the direction of flow on the wastewater lines. 2. City to review feature attributes (pipe size, material, install date) and annotate the information on the planimetirc maps Utility data annotated or documented on the plainimetic maps will take precedence over the scanned as -built drawings. Note: Significant differences between the planimetric and as -built drawings will be reported to the City through the PAR process. 3. Sources are reviewed to assure that features, i.e. pipes, mains, etc. that cross an edge of a sheet have the same attributes. (Sometimes developments made in phases, result in data conflicts between phase 1 and 2, etc.) 4. City staff will sign off on the sources as representing the most accurate and reliable available. City Provides Conversion Source Documents The conversion and field inventory process must be supported with reliable and complete source documents. Sanborn understands that in some situations these documents no longer exist and that the data capture and attribution will rely completely on the field inventory phase of the project. Conversion source data to include the following. • Existing digital orthophotography • Existing digital planimetric mapping • Existing cadastral data, including subdivision boundaries. • Record drawings • One set of marked up planimetirc maps showing water and wastewater. • Digital copies of scanned as -built drawings • Visio diagram of the data model • Existing water and wastewater geodatabase files. Initial source data will be provided to Sanborn on an external hard drive that will be provided by Sanborn. Intermittent and follow-on data requirements will utilize Sanborn's ftp site. Instructions to send and receive data from Sanborn's ftp site will be provided in the project work plan. The City and Sanborn will establish cut off dates for the delivery of conversion source documents. Cut off dates will establish the date on which documents will no longer be accepted into the conversion process. The cut off date will assure a smooth migration of the data into the geodatabase and field inventory process. Project Kick-off Meeting A kick-off meeting will be held with the City and all involved in the process to provide an overview of the project and to go over the City's responsibilities and how Sanborn and the City can work together to streamline the production process to insure the highest accuracy as well as currency. The kick-off meeting is also the time to modify and perfect the City's review process. Pilot (Proof of Concept) The City will participate in the Piot process to insure that end product meets the City's needs for this project. It is customary to select a pilot area to test the project process. This pilot area, or proof of concept area, is utilized to implement and demonstrate that the project procedures with regard to both the administrative, project coordination, GPS, field inventory, safety, etc. are working and producing the results with respect to the project deliverables, budget and schedule. Outcomes from the pilot project will be evaluated, and where necessary, the project plan will be modified to correct the project approach or processes to meet specific objectives. The City will be asked to sign off on all plan revisions prior to implementation. This ensures that the modified plan has been accurately revised and that the City is in agreement with any and all modifications City Review The City's QA/QC will consist of a manual review of one set (204 sheets) of color plots (water and wastewater on one plot) as well as a visual verification of the attributes utilizing the geodatabase. Errors should be documented in a way that provides for efficient documentation of the error and efficient corrective action. Following the City's review of the project deliverables, the City will provide the geodatabase and documentation to Sanborn. The process is further defined as follows: 1. City reviews delivery area based on established project schedule. 2. City returns the utility geodatabase review comments (error points), along with written documentation/guidance. 3. Sanborn addresses each comment and makes the corrections (100 percent.) Errors calls that Sanborn feels are not correct will be reviewed with the City. 4. Sanborn corrects QA/QC errors 5. Sanborn loads the corrected geodatabase onto Sanborn ftp site and notifies City's Project Manager that the corrected data has been delivered. 6. City reviews the requested corrections to make sure Sanborn has complied with the corrective action. 7. Upon acceptance of the project deliverables, the City submits written acceptances to Sanborn. If the deliverable is rejected, the City will provide written corrective action to Sanborn. Requested edits or corrections must comply with the project scope of work and fina]ied data model. Upon completion of this edit cycle and delivery of the data to the City, the data is considered a final delivery. Further edits or updates to the data are the responsibility of the City unless otherwise negotiated into the contact. The following are define the two review methodologies. Sanborn will develop the review procedures with the City and incorporate these procedures into the project work plan. Review of Color Plots Sanborn will provide the City with color (paper) plots. Water and wastewater will be plotted together (204 sheets) utilizing the City's existing digital orho imagery or planimetric data as a basemap. The City will review and mark up the plots with the required edits. Edits will follow standard procedures to assure that the information being represented in clear and can be correctly interpreted. Examples of rules are as follows: Utilizing color pencils to depict the following: Red — delete feature. Blue — add feature (added features should include the required attributes) Green — note or instructions will not be added to the geodatabase. Geodatabase Review This database process allows the City to perform an onscreen QA/QC of the features and attributes place a point feature and document the required corrective action. Detailed requirements will be worked out with the City during the Project Initiation phase of the project, but typically the QA/QC database will consist of the following rules. • Topological error • Incorrect feature • Missing feature • Attribution error • Positional error This tool will provide the City with a method to clearly document the location of an error, as well as the easily document the corrective action. Acceptance Criteria Sanborn will work with the City in developing the criteria on which the project deliverables will be reviewed, commented and accepted or rejected by the City. The criteria and process that will be utilized by the City must be clearly defined and followed. One of the pitfalls in this process is that new or different conversion sources are introduced into the review process, or the sources provided at the beginning of the project are ignored. Sanborn and the City will establish the baseline conversion sources to be used and hold to those throughout the project. An industry standard for acceptance criteria for this type of project is as follows: • 100% connectivity/topology providing this can be determined from the conversion source documents. • 98 % correct attribution. Errors are counted on an attribute basis. An error is acknowledged if the delivered data does not match either the conversion source or the data captured in the field. • Survey will meet accuracy standards set for the stated RTK standards at a 95% confidence factor. • Sanborn will develop metadata using Federal Geographic Data Committee (FGDC) Content Standards for Digital Geospatial Metadata (CSDGM) for organizations. Metadata will be created for each feature class. The Acceptance Criteria represents the minimal requirements that are acceptable for delivery of the data to the City. The City will be provided one review cycle. Following the review cycle those edits/corrections are made, and the data is delivered to the City for final review and approval. Final plotting and creation of the GeoBook will be completed following the City's final written approval of the water and wastewater geodatabase. EXHIBIT B Engineering Services Project Overview This project for the City of Round Rock consists of attributing the City's existing water and wastewater geodatabase features as well as updating the data from the scanned as -built drawings. Following this update process the above ground features are GPS'd. During the GPS field inventory specified attributes will be collected. Upon completion of the field survey the features will be adjusted to their GPS position. Following a detailed QA/QC process, the water and wastewater goedatabase is delivered to the City for review. The following sections detail the procedures that will be followed during the execution of the Scope of Work. It is important to not only note the project tasks that will be completed by Sanborn but to also understand the very important role the City has in the successful execution of this plan. Following the project kick-off meetings, Sanborn will submit a detailed project work plan to the City. The work plan outlines specific guidelines and procedures that will dictate how the scope of work will be executed. It is very important that the project work plan accurately reflect the scope of work as well as define the various roles and responsibilities of the project participants. It is also very important that the project work plan be reviewed and accepted by the City prior to the start of the project pilot project. As such the City will be asked to review and sign off on the project work plan prior to the start of the pilot project. As the work plan is just that, a plan, it is carefully monitored and from time to time adjusted to accommodate required changes. As with the plan, all changes must be reviewed and accepted in writing by both Sanborn and the City prior to implementation. The following sections define the project scope of work. It is important that the scope of work be clear and concise with regard to the project tasks to be completed along with the planned project schedule. Changes to the scope of work will follow the Change Procedures as defined in the project work plan. Project Kick-off Meeting Sanborn will work with the City in organizing and developing the agenda for the project kick-off meetings to be held at the City. The purpose of the meetings are to review the project with regard to scope of work; schedule, and budget, and to provide the project team an opportunity for the planning and coordination required to initiate the project. At a minimum, the project meeting will cover the following topics: • Review the contract scope of services and ensure the scope meets the project requirements. • Evaluate the database model with regard to specific project objectives. Changes may be required to support the conversion process, such as assigning a unique production ID, added fields to adjust the wastewater invert elevations, etc. • Evaluate the data model and conversion sources to clarify utility features and associated attribution requirements. • Establish project work areas. The project will be divided into project delivery areas. The City and Sanborn will work on developing these areas. Areas should not be too small or too large. • Review and establish conversion source hierarchy in the event there are multiple conversion sources. • Review the Problem Action Report (PAR) processes to resolve data conflicts and City's response requirements. • Review data collection routes, and evaluate safety and access issues. • Review digitizing and attribution rules along with production work flow and schedule. • Review RTK/GPS processes and establish the availability of existing control and GPS base station configurations at each facility. • Survey monumentation. • Recovery information. • Review Not Found recovery procedures. • Review and clarify data acceptance criteria. • Review network and connectivity issues associated with utilization of Sanborn's ftp and web conferencing tools. Input from the workshops will be used in the development of the required production tools and finalization of the Project Work Plan. Pilot (Proof of Concept) It is customary to select a pilot area to test the project process. This pilot area, or proof of concept area, is utilized to implement and demonstrate that the project procedures with regard to both the administrative, project coordination, GPS, field inventory, safety, etc. are working and producing the results with respect to the project deliverables, budget and schedule. Outcomes from the pilot project will be evaluated, and where necessary, the project plan will be modified to correct the project approach or processes to meet specific objectives. The City will be asked to sign off on all plan revisions prior to implementation. This ensures that the modified plan has been accurately revised and that the City is in agreement with any and all modifications. Pilot project evaluation considerations are as follows: • Evaluate data model and document deficiencies, i.e. missing domain values. • Evaluation of conversion source documents, planimetric and as -built scanned images, as they relate to capture and attribution. Fill holes or deficiencies before proceeding to a citywide program. • Field check of RTK/GPS accuracy. • Field check of captured attributes. • Evaluate QA/QC process and project deliverables. • Error point placement process • Check plot review process • Evaluate deliverables to ensure they support the City's current and future needs. Results of the City's evaluation are documented and submitted to Sanborn for review. Modifications to project processes are reviewed and agreed upon prior to implementation. Following the completion of the pilot project, the City will provide a written notice to proceed to full production on the remaining project areas. Development of Production Tools Following the completion of the project kick-off meeting, Sanborn will begin the tasks associated with the setup phase of the project. Project setup consists of the configuration of the pre -survey digitizing, attribution, and QA/QC tools required too meet specific project requirements. Digitizing and attribution tools will follow the database model with respect to the feature class, attribution, and domain tables. The objective is to minimize the key entry of attributes and utilize pick lists based on the data model. In addition to the development of the production tools, Sanborn will work with the City in the development of attribution rules. The rules will establish specific guidelines on the standardization of non -domain attribution values, i.e. location descriptions. Details such as abbreviations of direction, NW vs. N.W. and use of upper or lower case are reviewed and established. Note: These rules may impact the attribution that was performed by the City. Edits can be made in thefeature attribute tables, vs. visiting each feature. In addition to the attribution rules, the City will establish the hierarch, when multiple sources are involved in digitizing and attribution process. Upon completion of the guidelines, the City will be asked to sign off as acceptance of the rules. The accepted rules become part of the Project Work Plan. Changes to the rules will follow the change order process as outlined in the work plan. Georeference Source Documents Sanborn will assign each scanned image to its ortho grid. If an image covers multiple grids, up to two grid numbers will be assigned. Scanned as -built drawings utilized for the map updates and attribution will be georeferenced to their general location. The georeferenced image will not produce an exact match to the geodatabase, but will be referenced utilizing a simple two point fit. Scanned drawings that are not utilized for the mapping project will be referenced to its grid, but not georeferenced. Update the City's Existing Geodatabase The City has previously captured a significant amount of the water and wastewater system. This phase of the project will focus on a thorough QA/QC of this data as well as performing updates from the scanned as -built drawings. Gross errors will be documented with a Problem Action Resolution (PAR) form and reported to the City for resolution. Gross errors would be defined as significant differences between the existing planimetric data and the as -built drawings. Small differences such as adding valves, hydrants, manholes will be made and will not require reporting. This review will also correct the direction of flow on the wastewater features as the City indicated that in some cases this may not have been performed correctly during the initial capture of the linear features. In addition to the review of the City's existing data, Sanborn will perform an update of the existing data. The update process will utilize a heads -up digitizing methodology to perform the initial digitizing and attribution of the utility features. Utility point features, i.e. manholes, inlets, junctions, etc., will be placed in their approximate georeferenced location utilizing existing planimetric and/or digital orthophotography as the base map. Where possible, the visible features from the City's existing digital orthophotography will be utilized for positional placement. Larger features, such as pump stations, etc. will be positioned from the City's existing orthophotography. Attribution will be captured from the planimetirc and scanned as -built drawings. Wastewater linear features are digitized in their direction of flow, as shown on the source. Segments are snapped at the beginning and end of the features corresponding end nodes. Digitizing of linear features is again followed with attribution of required values from the conversion source. Install dates will be captured for the required features based on the stamp date on the cover of the as -built drawings. Following the capture and attribution, a unique production ID is assigned to each utility feature. The unique ID is utilized during the production phase of the project to relate the RTK/GPS survey and field inventory data back to the digitized feature. Pre -captured Geodatabase Submitted to City for Review Once the pre -captured water and wastewater geodatabase update is complete the data is submitted to the City for review. The purpose of this review is to assure that areas within the City being served by either water or wastewater have not been overlooked, i.e. missing a subdivision, etc. In addition to serving as a pre -survey review, the data can be utilized by the City during the GPS survey efforts. The water and wastewater geodatabase will have the unique production ID assigned to the feature. Issues associated with access, or Not Founds will be reported to the City by describing the general area, but may also be reported by the unique ID. The City may use the data and locate the feature in the geodatabase by search for the unique ID. Once identified, the feature can be printed and the hard copy utilized to resolve the access or Not Found issues. Sanborn (Baker-Aicklen) and the City Develop Field Capture Guidelines It is very important that each member of the project team involved with the capture of data associated with this project perform the task the same way. The development of capture guidelines assures that the surveyors and staff associated with the capture of measure downs and feature attributes are performing the tasks in a consistent, exact manner. Program GPS Data Collectors Based on the Field Capture Guidelines, Sanborn (Baker-Aicklen) programs the GPS data collectors. The guidelines are incorporated into the development of the data dictionary to be utilized for the GPS and attribution field inventory. A Trimble based data collection file will be provided to the City as a project deliverable. Perform required Survey/Field Inventory The digital utility files, along with the unique IDs, are loaded onto the GPS data collectors. In addition, if available, limited planimetric features i.e. street centerlines, etc. is exported to aid the GPS crews with navigation. This process allows the surveyor to walk to the mapped features. It also provides an opportunity to validate the location and existence of a feature location prior to deploying staff to a project area to perform the collection. GPS Procedures Each daily GPS collection cycle begins with each GPS crew occupying a known control checkpoint to assure that the GPS data collectors are performing properly. In addition a daily GPS collection cycle is concluded by observing those same check points at the end of the day. The geodetic engineer validates the positional accuracy of the data collected during this capture episode based on the capture of the repeated features and comparing the values of the feature repeats. Feature attributes will include a three-dimensional position, X, Y, Z, feature class, unique identification number, and survey class. The survey class will consist of "GPS" if the feature is successfully surveyed, "Obscured" if the GPS or radio signals are obscured by trees or buildings to the point that it is not possible to acquire an accurate position of the feature, and "Not Found" if the feature cannot be located and Inaccessible if access to the features is denied. In addition, Sanborn includes a notes field in the data collectors to allow the GPS technician to note issues with the feature that may be of interest to the process. In order to maintain the project schedule, typically, Sanborn implements a four minute rule, which means that the surveyor will spend up to four minutes looking for the feature before it is classified as Not Found. In cases where new features are found in the field that cannot be correlated to the utility data displayed on the data collector and it is deemed that the feature is a required feature, i.e. hydrant, manhole, etc., the feature will be surveyed and assigned an ID of "0" in the field. A feature ID of "0" represents a "New" feature. Not Found, Inaccessible and obscured features will be reported to the City on weekly basis. The City will work to recover or resolve access issues. Results of the City's efforts will be reported back to Baker-Aicklen. Features that have been recovered, or access has been gained will be revisited for survey. Obscured features will be reported to the City for review as well. The City will have an option to have the obscured features captured via. conventional survey. These services will be offered to the City on a unit price basis. Sanborn will attempt to resolve new features against the as -built drawings. New features that can be resolved will be connected to the system. Features that cannot be resolved will be reviewed by the City during their QA/QC process. GPS Accuracy The accuracy of the GPS positions successfully obtained will have a horizontal and vertical accuracy of +/- one foot stated as an RMSE with a confidence factor of 95%. RTK/GPS collects data utilizing satellites and a base station. Due to the real time nature of RTK/GPS there is virtually no post -processing that can be utilized in a QA/QC process; therefore, Baker-Aicklen & Associates, Inc. adhere to strict data capture guidelines and procedures to ensure that the project specifications are being met. The fist step in establishing data QA/QC is to verify the calibration of the GPS unit. This is done by surveying a known or established survey monument. The published positional data associated with the monument is compared to the data collected with the GPS, and the position variance is checked to ensure that the base station and RTK GPS are working within the project specifications. GPS QA/QC The GPS process utilizes the unique ID assigned when the features were digitized from the conversion sources. The features and unique ID are utilized in the QA/QC process to ensure that every required feature was collected. This is accomplished by comparing the unique ID from the conversion sources to the unique ID associated with the data captured during the GPS event. A comparison of the two data sets ensures that features were not missed. Sanborn runs checks against the feature repeats to assure the duplicated features fit within the positional accuracy requirements of the project. Additionally, the pre - capture check on control points is utilized to assure that each GPS unit is properly calibrated prior to a capture event. The final QA/QC process is the creation of the survey report and calculation of the root mean square error (RMSE). This report utilizes the checks on the survey monuments as well as the repeated survey data. This data is utilized to calculate the RMSE for the surveyed features. This document is delivered to the City as evidence that the survey was performed within the project specifications. Field Capture of Attributes Baker-Aicklen & Associates, Inc. will collect attributes of the required features associated with manholes, hydrants and valves in accordance with the Project Work Plan. The inventory will be performed from street level only. Confined space entry will not be included in the Scope of Work. Attributes to be collected (when available) are as follows: Fire Hydrants attributes' to field captured (when available) • Make • Model • Year Manufactured • Valve • Potable • GPS Date Valve attributes' to field captured (when available). • Valve Type • GPS Date • Install Date • Make • Model Manhole's attributes' to field captured (when available). • Manhole Number • Diameter of Cover • GPS Date It is important to note that the RTK/GPS and field inventory and capture of the attributes on water and wastewater systems will be performed as a single pass. Link Field Inventory and GPS Data to Corresponding GIS Feature Utilizing the unique ID assigned to the utility features, the corresponding GPS data and field inventory (attributes) are loaded into the database. Perform Feature Adjustment/Manual Editing The utility features are adjusted to their corresponding GPS surveyed location. Sanborn's process moves the feature node, i.e. manhole, while maintaining connectivity. At this time the field inventory attributes are loaded. Default elevations are assigned to features that were not surveyed due to being obscured or Not Found. (Defaults to be established by the City, i.e. 999.99) Note: Establishment of defaults are important as they indicate that the attribute data was not available from source vs. missed in the conversion and attribution process. Missing attributes indicate that the data was missed and would be revisited. Elevation data captured from sources will be utilized to determine the depth of a pipe. The depth will be subtracted from the GPS Z elevation to recalculate the wastewater invert elevations. Elevations that cannot be calculated due to missing as -built values will be set to a predefined default value. Some manual editing may be required to adjust features that could not be GPS'd. Adjustments are usually minimal and are performed in adherence to strict rules. Primarily the adjustments are performed to adjust a position of a non-GPS'd feature for aesthetic purposes. Following adjustment and attribution, valve numbers will be assigned. The valve number will consist of the Grid number and a unique ID. Problem Resolution During the life cycle of the project, issues will arise that require resolution. Typically, these issues deal with conversion source discrepancies or data anomalies that do not fit the planned conversion processes. In these events, Sanborn has traditionally used a process called Problem Action Report (PAR) to identify a problem and present a solution. Sanborn will document each problem encountered that is not clearly addressed in the conversion plan and submit a PAR to the City. The City reviews the PAR and either approves the proposed solution or provides an alternative solution. The final resolution must be agreed upon and signed by both parties prior to execution. PARs will always, at a minimum, include the following: • Source map number/type • Date the PAR was issued • Name of the technician responding • The problem/anomaly description • Screen capture of the problem area • Sanborn's recommended solution • Area for the City to sign off on recommended solution In some cases, a resolution to a PAR is applied globally, meaning that the solution would be applied whenever the same situation is encountered. If this situation occurs, the PAR is incorporated into the conversion plan and adopted for the remainder of the project. This is only done with written authorization from the City. Copies of PARs associated with a delivery area are submitted upon delivery. PARs are incorporated into the QA/QC and review process to ensure that the corrective action is not changed during the review process. This is very important because of the level of effort to collect data, analyze it, and provide a remedy must not be overturned in the review process. Each PAR is given a unique tracking number. The status of all PARs are tracked and reported on a weekly basis. Typically, Sanborn requests that a submitted PAR be resolved within two working days. QA/QC of Project Deliverables Sanborn will perform the QA/QC of the attributed features. QA/QC will consist of both an automated and a manual process. The automated process consists of an application that will validate mandatory attribute values to ensure that all values are complete. The manual QA/QC will consist of a visual validation of feature attributes looking for anomalies related to feature position, topology, etc. Specifically with the water utility, Sanborn will review the adjusted features and the pipe segments to assure they follow the curvature of the street where appropriate. Acceptance Criteria Sanborn will work with the City in developing the criteria on which the project deliverables will be reviewed, commented and accepted or rejected by the City. The criteria and process that will be utilized by the City must be clearly defined and followed. One of the pitfalls in this process is that new or different conversion sources are introduced into the review process, or the sources provided at the beginning of the project are ignored. Sanborn and the City will establish the baseline conversion sources to be used and hold to those throughout the project. An industry standard for acceptance criteria for this type of project is as follows: • 100% connectivity/topology providing this can be determined from the conversion source documents. • 98 % correct attribution. Errors are counted on an attribute basis. An error is acknowledged if the delivered data does not match either the conversion source or the data captured in the field. • Survey will meet accuracy standards set for the stated RTK standards at a 95% confidence factor. • Sanborn will develop metadata using Federal Geographic Data Committee (FGDC) Content Standards for Digital Geospatial Metadata (CSDGM) for organizations. Metadata will be created for each feature class. The Acceptance Criteria represents the minimal requirements that are acceptable for delivery of the data to the City. The City will be provided one review cycle. Following the review cycle those edits/corrections are made, and the data is delivered to the City for final review and approval. Final plotting and creation of the GeoBook will be completed following the City's final written approval of the water and wastewater geodatabase. Sanborn's Edit Cycle Sanborn will receive the City's review comments and begin the final edits. City's review comments that are outside of the scope of work, or in error, will be documented and returned to the City for review. Edit conflicts that can be resolved during the edit cycle will be performed. Project Deliverables Sanborn prepares the project deliverables in accordance with the contract and final project work plan. Based on the City's RFQ Number 5-023 the project deliverables would consist of the following: • GIS Database — ArcGIS database containing one feature dataset with five feature classes representing valves, hydrants, manholes, water lines and wastewater lines. • Metadata — Sanborn will create metadata for each of the five feature classes represented in the geodatabase. • GPS Field Capture Guidelines • GPS Survey Report • GPS Collection Data Dictionary — Sanborn will provide the GPS (Trimble) data dictionary along with a digital copy of the Field Capture Guidelines. • Water/Wastewater System Mapping — this mapping consists of one original hard copy of each of the new GIS Water and Wastewater System Maps based on the aerial imagery grid (approximately) 204 sheets per set. (The total number of sets to be provided is four. One set for review and three final sets.) GeoBook A GeoBook will be created upon receiving written final acceptance of the geodatabase deliverables. Completion of the GeoBook is expected to take two months following final written acceptance. GeoBook will function as a navigation, data display tool in a non ESRI environment. The GEOBOOK will consist of chapters that contain the following: 1. Project Work Plan (document) 2. Field Capture Guidelines (document) 3. Survey Report (document) 4. Map index (Shape file format) 5. Scanned Georeferenced (new) planimetric map sheets 6. Scanned as -built drawings utilized for attribution 7. Water geodatabase (Shape file format) 8. Wastewater geodatabase (Shape file format) 9. Existing Mr. Sid imagery The first three chapters will be based on items 1 through 3 respectively. The Interactive Map will contain the following functionality: 1. Users will be able to tum on or off the base layers (Map Index), Water, Wastewater and Imagery Layers. 2. Users will be able to pan / zoom and conduct and identify type query on the Water & Wastewater layers. 3. Two query tools will be created that will serve as ways to view Items 5 & 6; Scanned Planimetric Maps and Scanned as -built drawings. These drawing will be brought up in a separate window that the user will be able to zoom and pan within. 4. Users will be able to print the documents from the application along with a simple 8.5 x 11 map output of the data based on the current extent of the map they are using. Before authoring the GeoBook, Sanborn will meet with the City in order to finalize out the functionality and layout of the application as well as to gather any additional data required (i.e., logos, title blocks, photos and other graphics). GeoBook Optional Function As an option; Sanborn would provide functionality that would enable users to select a location on a water or wastewater line and simulate a break in the line. This information can then be used with the City's existing parcel and address data to identify the parcels affected by a break. A report will be generated that includes a map and the parcel numbers and/or addresses of effected parcels. Note, water valves will require attribution of open or closed. This GeoBook optional function is dependant on the database design and having specific attribution, addressing, etc. Sanborn will meet with the City; discuss specific requirements and costs should the City be interested in this option. EXHIBIT C Work Schedule (Behind this page) City of Round Rock, TX GPS Collection and Development of a GIS Database for Water and Wastewater DRAFT Project Schedule f� E � F 2' Nr' N 4 - h m 4 �0 ta/5 IL , I_ aw 1 i} - I i , ae _� 1 "3 N 06 9a44; EvmZ iU $ o Q d '$ § $ 3 B 4 4; R 3 2 �.NN o�iAm _a ��d.�a.�� 4EEr "g 4-,-,- " �-'g -uu u > > r r r 3u u u. �° 2 $ _ •- c , 3.3 3.3 � g z ig ' >.r>.c. rte. 2i0m 2m 2 %o« - 0S -542N Ng ras p'qNy a nm $ u om g> S 3' g> jj'Q p E_bi i4 4 .m Cmmg,4 E E 5 u ¢ S€ E E i Ky m€ g E 3 p E z E E 5 i SU:a3 S c uj p �( '.A 9 tm k .@ a.. S'pli S' d !c E u m2fi E y.0 E e E 8.a 8. �Sz pya S mgp8x 5S E S'.0 $� ^�n.4'�C NN 2m N:i°U VAm4m co [0 �nNm vg' veli 2.a u n U 6 Q Kt Hi mi ' '27, act 2 1 0 �`� LLngd: u uu �'' „€33. Egg m ,, �,,, mg,me E Sm:�v� . c n €¢€ g m r5'+ m q g 2 a E o.C} y E.u'E V. ASF 8 �.4�rii ,]im0000 o'.AGu� .1 m ao g.- tN d (m ,.N . 'm_ _ `IN«,2 aNN 2 2 2!.R c(m 8(F 2 2 2 Ia a&v le i'; EXHIBIT D Fee Schedule (Behind this page) EXHIBIT D Fee Schedule The project costs detailed below are based on a carefully estimated number of utility service points, as identified through numerous meetings and conversations with City Staff. This was also verified through random samples of the source scan sheets that will be used to create the original map layers. The estimated number of points is 18,000. Under this contract both the City and Sanborn agree that there will be no additional charge or discount should the number of actual points fall within the 17,000 to 19,000 point range. Should the actual number of points fall below 17,000 then there will be a price discount of $13.80 per point, which is the quoted price to GPS utility locations. Additional GPS points and the associated mapping costs beyond 18,000 are detailed below. The revised 3 -year project budget listed below is limited to a cost increase for the Project Manager and a 4% cost of living increase for all line items, after the first year, with the exception of GeoBook which has not changed. Project Task Costs Georeference Scanned Images and Index Development $ 32,854 Review and Update of Water and Wastewater $ 248,746 Check Plot Development (3 sets) GPS Field Inventory (18,000 features) Principal/Project Management Principal/Project Management Travel $ 14,475 $ 248,457 $ 70,633 $ 13,400 GeoBook $ 19,151 $ 647,716 Project Total GPS Survey and Associated Mapping unit costs Unit prices for resurvey do to inaccessible or obscured features will be based on a mobilization for a minimum of 20 features. Baker-Aicklen will work with the City and coordinate these events to meet the minimal requirements. This approach will lower the cost per unit for resurvey due to the fixed cost of mobilization. The unit cost to survey these features is $26.62. It is assumed that these features will typically be located within the street right-of-way. This price incorporates GPS plus digitizing, attribution and conversion from source. In the case of wastewater lines that run in or along creek and drainage channels, are not readily assessable, and would require conventional traverse to accomplish the survey, the unit cost does not apply. If these events become a project requirement, a separate price will be provided and negotiated with the City. Work will proceed upon authorization from the City. Project Assumptions The project costs were derived utilizing the following project assumptions: 1. Approximately 85% of the data was previously captured from source and will require a thorough review and update from the scanned as -built drawings. 2. Approximately 15% of the data will require full capture and attribution from the scanned as -built drawings. 3. The City estimates that there are approximately 18,000 utility valves, manholes and hydrants that will require GPS survey and conversion. 4. One set of color check plots and two sets of color final plots will be provided to the City. 5. Only the as -built drawings utilized for conversion will be georeferenced to their approximate position utilizing a two point reference. Other as -built drawings will be linked to the centroid of the map index, but not georeferenced. 6. GeoBook will be completed and provided as a read only document. The project costs do not include the GeoBook author software. 7. GPS unit cost is for those features that are within the typical street right-of- way. EXHIBIT E Certificate of Insurance (Behind this page) CERTIFICATE OF LIABILITY INSURANCE Date: 10/18/2005 PROFESSIONAL SERVICES PRODUCER COMPANIES AFFORDING COVERAGE Marsh USA, Inc. 200 Clarendon St. 34th Floor A STEADFAST INSURANCE COMPANY Boston, MA 02116-5021 B INSURED The Sanborn Map Company, Inc., etal. C D THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business operations hereinafter described for the types of insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. CO LTR TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EXPIRATION LIMITS DATE DATE PROFESSIONAL LIABILITY EOC 9005974 01 10/01/05 10/01/06 SI OM per Claim/ $IOM Aggregate DESCRIPTION OF SPECIAL ITEMS/EXCEPTIONS VII Conditions, 1-1 other Insurance Should any of the above described policies be cancelled or changed before the expiration date thereof, the issuing company will mail thirty (30) days written notice to the certificate holder named below. CERTIFICATE HOLDER: City of Round Rock 221 E. Main Street Round Rock, TX 78664 Attn: Christine Martinez, City Secretary SIGNATURE OF AUTHORIZED rRESENTATIVE d Typed Name: Kathleen Murphy Title: Senior Underwriter