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HomeMy WebLinkAboutPhotogrammetric Services/Ayres 2005 "- !- ~ Cifr 6b-<-¿ AGREEMENT FOR PROFESSIONAL SERVICES FOR PHOTOGRAMMETRIC SERVICES---CITY OF OSHKOSH, WISCONSIN THIS AGREEMENT is made by and between The City of Oshkosh, Wisconsin (OWNER) and Ayres Associates Inc., a.k.a. Ayres Associates, 1802 Pankratz Street, Madison, Wisconsin 53704 (CONSULTANT). WHEREAS, the OWNER intends to retain the CONSULTANT to prepare digital ortho- photography and related products for OWNER and NOW, THEREFORE, the OWNER and CONSULTANT agree to the performance of professional services by CONSULTANT and payment for those services by OWNER as set forth below: ARTICLE 1 - SCOPE OF SERVICES 1.1 BASIC SERVICES After written authorization to proceed, CONSULTANT shall: 1.1.1 Obtain 1"=833' scale color aerial photography during the spring of 2005 of the project area. The photography will be obtained during leaf off conditions and when there is no snow or ice on the ground or lakes. The project area will consist of 46 PLSS Sections. Refer to the attached Contract Map for the project area delineation. 1.1.2 Collect control for the project using Air Borne Global Positioning System (ABGPS) and ground-based GPS technology. The control established will be sufficient to support analytical aerotriangulation and orthophotography production. The horizontal coordinates shall be reference to Wisconsin State Plane South Zone NAD 83 in Feet. The vertical values shall be in NAVD 88. 1.1.3 Scan the aerial photography negatives of the 1"=833' aerial photography on a photogrammetric scanner at 15 microns. This will result in a pixel resolution of 6-inches. 1.1.4 Prepare an analytical aerotriangulation solution for the entire block of the 1 "=833' scale aerial photography. The analytical aerotriangulation solution for OWNER will support digital orthophotography meeting 1"=100' scale National Map Accuracy Standards. 1.1.5 Prepare PLSS section tiled, 6-inch resolution digital orthophotography for the entire project area that meets National Horizontal Map Accuracy Standards for 1"= 1 00' scale mapping. All digital orthophoto tiles will overlap adjoining tiles and cover one PLSS section. The delivery format will be GEOTIFF with world file for all non-compressed images. In addition to GEOTIFF files, compressed files in MrSID format will also be delivered by section area, and as a project wide file. 1.1.6 Prepare FGDC compliant metadata for each deliverable product. Page 1 of7 ~ 1.1.7 Final deliverable products to OWNER will include: . One copy of the flight plan, including control layout in both hard copy and digital form. . One copy of the control report in hardcopy and digital form. . One copy of the analytical aerotriangulation report in digital and hard copy form. . One ArcView project (or other compatible format) file, with shapefiles and database set-up for orthophotography check-in. . Digital orthophotography in GeoTIFF, and MrSID formats as described above. . One copy of FGDC compliant metadata for all digital files in Text and XML format. 1.2 ADDITIONAL SERVICES Additional Services. OWNER shall pay CONSULTANT for Additional Services rendered as follows: 1.2.1 Optional Products and Services. The City may acquire the following Optional Products and Services through the expiration date of this agreement according to the following unit prices. 1"=100' Scale Products Unit Fee New ground control surveys to establish vertical control for topographic mapping at a two-foot contour interval, density of 1-2 points per sq mi depending on location **Digital terrain model and digital elevation model capable of generating two-foot contours **Digital terrain model and digital elevation model capable of generating two-foot contours **Digital terrain model, digital elevation model, and two-foot contours **Digital terrain model, digital elevation model, and two-foot contours ***Planimetric mapping for municipal stormwater Applications; includes the following features: building outlines, road edges, parkingarefl. s, sidewalks, centerlines, improved paths, I miscellaneous paved areas, bridges and railroads Other products and services Targeting of ground control points Page 2 of7 1 sq mi $300-$600 1/4 section $715.00 < 8~- (PLSS based) sections 1/4 section $585.00 ~ 8 ~- (PLSS based) sections 1/4 section $760 < 8 ~- (PLSS based) sections 1/4 section $645 ~ 8 ~- (PLSS based) sections 1 sq mi $3,400.00 1 point $75.00 .¡. **Topographic mapping fees assume previous or coincident production of 6-inch digital orthophotography for project area. ***Planimetric mapping fees assume previous or coincident production of 6-inch digital orthophotography for project area. The unit prices outlined above apply to work completed in calendar year 2005. The rate of increase for work performed after 2005 will be based on the inflation rate outlined by the Consumer's Price Index (CPI) as determined by the U.S. General Accounting Office. ARTICLE 2 - CHANGES IN THE SCOPE OF SERVICES 2.1 Services Requiring Changes in the Scope of Services The OWNER or the CONSULTANT may, from time to time, request changes in the scope of services to be performed hereunder. Such changes, while not anticipated, may include an increase or decrease in the amount of CONSULTANT'S compensation. Any such changes must be mutually agreed by and between OWNER and CONSULTANT and shall be incorporated in written amendments to this agreement. Such changes may include: 2.1.1 Services to investigate existing conditions or facilities or to verify the accuracy of information furnished by OWNER. 2.1.2 Services resulting from significant changes in the general scope, extent or character of the Project. 2.1.3 Furnishing services of independent professional associates and consultants for other than Basic Services. 2.1.4 Preparing to serve or serving as a consultant or witness for OWNER in any litigation, arbitration or other legal or administrative proceeding involving the Project. 2.1.5 Additional services in connection with the Project, including services, which are to be furnished by OWNER and services not otherwise, provided for in this Agreement. ARTICLE 3 - OWNER'S RESPONSIBILITIES OWNER shall do the following in a timely manner so as not to delay the services of CONSULTANT: 3.1 Designate in writing a person to act as OWNER's representative. 3.2 Provide all criteria and full information as to OWNER's requirements. 3.3 Place at CONSULTANT's disposal all available pertinent information, upon which the CONSULTANT can rely. Page 3 of 7 3.4 Arrange for access to and make all provisions for CONSULTANT to enter upon public and private property as required for CONSULTANT to perform services under this Agreement. 3.5 Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. 3.6 Give prompt written notice to CONSULTANT whenever OWNER observes or otherwise becomes aware of any development that affects the scope or timing of CONSULTANT's services. ARTICLE 4 - PERIODS OF SERVICE 4.1 4.2 4.3 4.4 4.5 The provisions of this Article 4 and the compensation for CONSULTANT's services have been agreed to in anticipation of the orderly and continuous progress of the Project. If completion dates are exceeded through no fault of CONSULTANT, compensation provided herein shall be subject to equitable adjustment. The expiration date of this agreement shall be March 31,2010. The services called for in Article 1 will be completed and submitted by September 30, 2005. CONSULTANT's services under this Agreement shall be considered complete when submissions have been accepted by the OWNER. If OWNER has requested significant modifications or changes in the general scope, extent or character of the Project, the time of performance of CONSULTANT's services shall be adjusted equitably. If CONSULTANT's services for the Project are delayed or suspended in whole or in part by OWNER for more than three months for reasons beyond CONSULTANT's control, CONSULTANT shall on written demand to OWNER (but without termination of this Agreement) be paid as provided in paragraph 5.1.1.1. Page 4 of7 . ARTICLE 5 - PAYMENTS 5.1 Compensation for Services 5.1.1 OWNER shall compensate CONSULTANT for services included in Article 1 as follows: 5.1.1.1 Lump Sum of $15,870.00 5.2 Times of Payments 5.2.1 CONSULTANT shall submit monthly invoices for Basic and Additional Services rendered. OWNER shall make prompt monthly payments in response to CONSULTANT's invoices. 5.3 Other Provisions Concerning Payments 5.3.1 If OWNER fails to make any payment due CONSULTANT for services and expenses within sixty days after receipt of CONSULTANT's invoice, the amounts due CONSULTANT will be increased at the rate of 1% per month (12% AP.R.) from said sixtieth day, and in addition, CONSULTANT may, after giving seven days' written notice to OWNER, suspend services under this Agreement until CONSULTANT has been paid in full all amounts due for services and expenses. If for some reason there is a dispute concerning an invoice and the dispute extends beyond one month, the owner will not be assessed a 1 % penalty to that invoice. 5.3.2 In the event of termination by OWNER, CONSULTANT will be reimbursed for all charges and services rendered. 5.3.3 Records pertinent to CONSULTANT's compensation will be kept in accordance with generally accepted accounting practices. 5.3.4 Factors determining compensation payable to CONSULTANT will be adjusted periodically and equitably to reflect changes in various elements that comprise such factors. Any changes must be mutually agreed by and between the OWNER and the CONSULTANT and shall be incorporated in written amendments to this agreement. ARTICLE 6 - GENERAL CONSIDERATIONS 6.1 Reuse of Documents Any reuse of the services and documents provided under this agreement for purposes not intended, will be at the owners sole risk. 6.2 Controlling Law This Agreement is to be governed by the law of the State of Wisconsin. Page 5 of7 6.3 Termination The obligation to provide further services under this Agreement may be terminated by either party upon seven days' written notice in the event of substantial failure by either party to perform in accordance with the terms hereof through no fault of the terminating party. 6.4 Indemnification The CONSULTANT hereby agrees to indemnify the OWNER for all claims arising solely from negligent acts, errors or omissions of the CONSULTANT in the performance of professional services under this agreement. 6.5 Data ownership Assignment The CONSULTANT assigns ownership of the data to the OWNER and its project participants for all deliverable products produced under this contract. The CONSULTANT agrees that the products and documents shall not be made available to nor used to prepare additional products for any individual or organization at any time without prior written approval by the OWNER. ARTICLE 7 - EXHIBITS AND SCHEDULES 7.1 The following Exhibits are attached to and made a part of this Agreement. 7.1.1, Attachment A - Project Area Map for The City of Oshkosh, Wisconsin - consists of 1 page. 7.2 This Agreement (consisting of pages 1 to 7, inclusive), together with the Exhibits and Attachments identified above, constitute the entire agreement between OWNER and CONSULTANT and supersede all prior written or oral understandings. This Agreement and said Exhibits may only be amended, supplemented, modified or canceled by a duly executed written instrument. Page 6 of? IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first written above. City of Oshkosh ~~ Richard A. Wollangk (Signature) (Typed Name) (Title) t'<Date) (Signature) City Attorney (Typed Name) (Title) (Date) I hereby certify that ntx:essary provisions have been made to pay the liability which will accrue under this contract. ~~ Ol~ J City Comptroller Page 7 of7 A, Kirk M. Contrucci Manager of Photogrammetry I(~p 2-): ZiJð.'5 I \ Kirk M. Contrucci Manager of Photogrammetry /-. ell;> Ü ~ cl þ;; M r¿S Q. cu :æ: cu ~ or:( - u Q) 'õ' 10. a. I or:( - c Q) E .c u cu - ;æ