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HomeMy WebLinkAbout1995-01-24 - AGENDA REPORTS - AERIAL MAPPING STORMWATER PLAN (2)AGENDA REPORT City Manager Appro v�e_ Item to be presented by: Anthony J. Nisich_!0� DATE: January 24, 1995 SUBJECT: AERIAL MAPPING FOR THE STORMWATER MANAGEMENT PLAN DEPARTMENT: Community Development REQUEST Approve consultant contract for aerial photography and automated mapping for use in developing the Stormwater Management Plan in compliance with the Federally -mandated NPDES permit. BACKGROUND The City of Santa Clarita is a co -permittee under the Los Angeles County's National Pollutant Discharge Elimination System (NPDES) permit. This permit is required by Federal mandate and administered by the California Regional Water Quality Control Board (RWQCB). The permit requires that an extensive Stormwater Management Plan be prepared and implemented to measure and control runoff and pollutants in the City's portion of the Santa Clara River watershed. To comply with this requirement, the City is proposing the preparation of a Stormwater Management Plan with a computerized Automated Mapping System for the required resource inventory and system monitoring, The Stormwater Management Plan will require digitized orthophotography to create topographical aerial photos of the project area that will be used to create base maps. These base maps will be used to geographically identify existing infrastructure and, resources as required by the permit. The base maps created from the aerial photos will also be used to prepare a hydrology/hydraulics model to estimate storm drainage flows and to evaluate the existing drainage system. This is a key component for determining water quality standards and capacities at current land -use levels and at development saturation. !f! b' J��J e,fdn fl' Agenda ltemolf. AERIAL MAPPING FOR THE STORMWATER MANAGEMENT PLAN January 24, 1995 - Page 2 The City has already formed a stormwater utility enterprise as a program funding mechanism (effective July 1, 1994). The stormwater utility's annual workplan and budget includes the development of a comprehensive stormwater management plan, including the aerial photography for this project. The City solicited proposals from consultants with specific expertise in aerial orthophotography to prepare digitized aerial photos for use in the proposed Automated Mapping System. Seven proposals were received in response to the Request for Qualifications process. The firms were: Olympic Mapping System - Upland Metrex Systems Corporation - Pasadena Coast Surveying, Inc - Irvine Aerial Photomapping Services - Clovis Golden State Aerial Surveys, Inc. - San Luis Obispo Airbourne Systems, Inc. - Anaheim Advanced Digital Maps, Inc.. - Azusa Four firms were selected for interviews. Those firms were: Coast Surveying, Metrex Systems, Advanced Digital Mapping and Airbourne Systems. Staffs interview panel determined that the firm of Airborne Systems, Inc., is most qualified for the project. The cost for this aerial mapping is $238,555 and is budgeted in Account No. 51-5602-227. Direct the City Manager to execute a contract with the firm of Airborne Systems, Inc., in the amount of $238,555, budgeted in Account #51-5602-227, for the preparation of digitized aerial orthophotos and Automated Mapping for the proposed Stormwater Management Plan subject to the final approval of the agreement by the City Attorney. ATTACHMENT Contract NED:hds wumi[\air pOlned CITY OF SANTA CLARITA COMMUNITY DEVELOPMENT DEPARTMENT °` "`` ENGINEERING DIVISION ' 23920 VALENCIA BOULEVARD, SUITE 300 SANTA CLARITA, CALIFORNIA 91355 CONTRACT FOR AERIAL MAPPING SERVICES AGREEMENT NO. 51-5602-227-1 This Agreement is entered into this 1 day of , 1994, by and between the City of Santa Clarita, a municipal corporation of the State of California, hereinafter "City," and AIRBOURNE SYSTEMS INC., hereinafter "Contractor." WHEREAS, City intends to develop a Stormwater Master Plan and the necessary base mapping in G.I.S. format to be used in the City's automated mapping system as required to comply with the N.P.D.E.S. permit requirements; and WHEREAS, City requires aerial mapping services which are necessary for the base mapping for the Automated Mapping System; and WHEREAS, Contractor represents that it is qualified to perform such services, that it has carefully examined the RFQ 51-5600-227 and the attached scope of work, and that it is willing to perform the services hereinafter defined. NOW, THEREFORE, for mutual consideration as provided herein, it is agreed by and between City and Contractor as follows: A. Contractor shall provide the services described in Exhibit A as the Scope of Work, which is attached to this Agreement and incorporated herein by this reference. B. Contractor shall ensure that all work is performed by qualified personnel under the supervision of a licensed or registered Photogrammetric Surveyor and a licenced Consulting Engineer, and that all documents submitted by Contractor shall bear the Surveyor's or Engineer's seal and certification to that effect. C. City will compensate Contractor for services in accordance with the Terms and Conditions contained herein and in accordance with the Specifications for Aerial Mapping in Exhibit B which is attached to this Agreement and incorporated herein by this reference_ D. This Agreement is subject to the following Terms and Conditions: TERMS AND CONDITIONS 1, ENTIRE AGREEMENT: This Agreement supersedes any and all agreements either oral or written, between the parties hereto with respect to the services by the Contractor for the City and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Page 1 of 6 Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, either orally or otherwise, have been made by any party or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise not contained in this Agreement shall be valid or binding. Any modification of this Agreement will be effective only if it is in writing and signed by the party to be charged.. 2. ASSIGNMENT AGREEMENT: This Agreement is personal to Contractor, and shall not be assigned by either Contractor or City without the prior written consent of the other. 3. INDEPENDENT CONTRACTOR: It is understood and agreed that the contractor is, and at all times shall be, an independent contractor and nothing contained herein shall be construed as making the Contractor, or any individual whose compensation for services is paid by the Contractor, an agent or employee of the City, or authorizing the Contractor to create or assume any obligation or liability for or on behalf of the City. 4. CONFLICT OF INTEREST: Contractor represents, warrants, and agrees that she/he Toes not presently have, nor will she/he acquire during the Pterm of this Agreement, any interest, direct or indirect, by contract, employment, or otherwise, or as a partner, joint venture, or shareholder (other than as a shareholder one percent or less interest in publicly -traded companies) or affiliated with any business entity, or individual that has entered into any contract, subcontract, or arrangement with the City. 5. PROVISIONS SEVERABLE: City's waiver of any term, condition, or covenant, or breach of any term, condition, or covenant, shall not constitute the waiver of any other term, condition, or covenant, or breach of any other term, condition, or covenant. If any term, condition, or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall be valid and binding on Contractor and City. 6 .GOVERNING LAW: This Agreement shall be governed and professional services shall be performed in compliance with the law of the State of California and applicable governmental regulations, building codes, and ordinances in effect at the date of this Agreement. OWNERSHIP OF DOCUMENT: Photos, drawings, logs, calculations, specifications, printouts, and other documents, whether in hard copy or machine readable form, are and shall remain the property of THE CITY. City shall be permitted to retain reproducible copies of all such documents and following completion of the Project, the original of all such documents shall be provided to City for any use deemed appropriate by the City. City releases Contractor and agrees to defend, indemnify, and hold Contractor, its partners, employees, and consultants harmless of, from, and against claims, loss, cost damage or expense of any nature, including attorneys' fee, arising of, based upon, or relating to use of documents for purposes other than for design and/or construction of the Project(s) named in this Agreement. 8. ARBITRATION: Controversies or claims arising out of or relating to this Agreement, or the breach thereof, shall be finally settled by arbitration conducted in Los Angeles, Page 2 of 6 California in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association with consent given to the full use of discovery proceedings provided for use in civil actions in the California Code of Civil Procedure. No demand for arbitration shall be made after institution of legal or equitable proceedings would be barred by the applicable statute of limitations. The arbitrator(s) shall not vary, modify, or alter the terms and provisions of this Agreement. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. 9. INDEMNIFICATION: Contractor agrees to indemnify, defend and save City and its agents and employees harmless from any and all liability, claims, damages or injuries to any person, including injury to Contractor's employees, and all claims which arise from or are connected with the performance of or failure to perform the work or other obligations of this Agreement, or are caused or claim to be caused by the acts or omissions of Contractor, its agents or employees, and all expenses of investigating and defending against same; providing, however, that this indemnification and hold harmless shall not include any claim arising from the sole negligent or willful misconduct of the City, its agents or employees. This indemnification and hold harmless shall remain in effect and survive the temporary suspension or completion of the project contemplated under this Agreement. 10, EQUAL OPPORTUNITY: Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, ancestry, marital status, or handicap. Contractor agrees to take affirmative action to assure that applicants are employed or retained, and that employees are treated without regard to their race, color, religion, sex, national origin, ancestry, marital status, or handicap. Such action shall include, but not be 'limited to: recruitment or recruitment advertising, layoff or termination, rates of pay or other reform of compensation, and selection for training. 11. WARRANTY: Contractor shall perform services in accordance with generally accepted principals and practices and in accordance with OSHA safety standards. Contractor shall use that degree of care and skill ordinarily exercised under similar circumstances by members of its profession. 12. INSURANCE: a. General Liability and Property Damage Insurance. During the entire term of this Agreement, Contractor agrees to procure and maintain general liability and property damage insurance at its sole expense to protect against loss from liability imposed by law for damages on account of bodily injury, including death therefrom, suffered or alleged to be suffered by any person or persons whomsoever, resulting directly from any act or activities of City or Contractor, its subcontractors or any person acting for city, or Contractor or under its control or direction, and also to protect against loss from liability imposed by law for damages to any property of any person caused directly or indirectly by or from acts or activities of City, or Contractor, or its subcontractors, or any person acting for City or Contractor, or under its control or direction. Such public liability and property damage insurance shall also provide for and protect City against incurring any legal cost in defending claims for alleged loss. Such general liability and property Page 3 of 6 damage insurance shall be maintained in full force and effect throughout the term of the Agreement and any extension thereof in the following minimum limits:A combined single limit policy with coverage limits in the amount of $1,000,000 per occurrence will be considered equivalent to the required minimum limits. All of such insurance shall be primary insurance and shall name City of Santa Clarita as an additional insured. If the operation under this Agreement results in an increased or decreased risk in the opinion of the City Manager, then Contractor agrees that the minimum limits herein above designated shall be changed accordingly upon request by the City Manager. Contractor agrees that provisions of this paragraph as to maintenance of insurance shall not be construed as limiting in any way the extent to which Contractor may be held responsible for the payment of damages to persons or property resulting from Contractor's activities, the activities of its subcontractors, or the activities of any person or persons for which Contractor is otherwise responsible. b. Worker's Compensation Insurance. Contractor shall procure and maintain, at its sole expense, Worker's Compensation Insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure, and provide legal defense for both Contractor and City against any loss, claim, or damage arising from any injuries or occupational diseases happening to any worker employed by Contractor in the course of carrying out the within Agreement. Page 4 of 6 c. Automotive Insurance. Contractor shall procure and maintain, at its sole expense, throughout the term of this Agreement any extension thereof public liability and property damage insurance coverage for automotive equipment with coverage limits of not less $500,000 combined single limit. All such insurance shall be primary insurance and shall name City of Santa Clarita as an additional insured. If Contractor does not own automobiles, Contractor shall provide a waiver releasing City from all liability resulting from Contractor's use of personal vehicles on Project. ,q 1 ` d. Professional Liability Insurance. Contractor shall maintain�rofessional liability insurance which provides coverage for negligent professional acts, errors, or liable, in the $1,000,000 omission for which Contractor is legally amount of per y claim and in aggregate which arise from the performance of professional services by Contractor under this Agreement. The policy shall provide for coverage of CJ' T _V claims occurring during the term of the policy. a1. e. Miscellaneous Insurance Requirement. A Certificate of Insurance, or an 0 �f1 D appropriate insurance binder, evidencing the above insurance coverage with a b� company acceptable to the City's Risk Management Officer shall be submitted to City prior to execution of this Agreement on behalf of the City. The terms of the insurance policy or policies issued to provide the above insurance coverage shall provide that said insurance may not be amended or cancelled by the carrier, for non-payment of premiums otherwise, without 30 days prior written notice of amendment or cancellation to City. In the event the said insurance is Page 4 of 6 cancelled, Contractor shall, prior to the cancellation date, submit new evidence of insurance in the amounts heretofore established. If Contractor at any time during the term of this Agreement should fail to secure or maintain any insurance required under this Agreement, City shall be permitted to obtain such insurance in Contractor's name and shall be compensated by Contractor for the cost of the insurance premiums upon receipt of Contractor of written notice that the premiums have been paid. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under the policy if not named as an additional insured, and an additional insured shall not be held liable for any premium or expense of any nature on the policy or any extension thereof solely because they are as additional insured thereon.: 13. SCHEDULING OF WORK AND COLLATERAL WORK City will endeavor to provide 18 -hours advance notice prior to the time when work will be required to support the project. There shall be no limit on the number of visits to the project site, however, City will endeavor to schedule work in eight-hour increments in order to reduce unnecessary travel time. Upon notice to proceed with an activity, Contractor shall diligently perform work in a timely, workmanlike, and professional manner. Contractor's compensation shall include all costs related to advance notice, coordination of result of work with others, and costs necessary to minimize delays to other contractors performing collateral work on the Project. 14. PROTECTION OF PROPERTY. Contractor shall take all reasonable precautions to prevent damage to property, visible and concealed, and shall restore the site to the condition existing prior to Contractor's entry insofar as is practicable. 15. COMPENSATION: City agrees to pay Contractor for services performed pursuant to this Agreement. Contractor shall maintain a nd submit to City itemized records substantiating services performed including the dates, times, and description of work, When Contractor is to be compensated on an hourly rate basis, payment will be limited to work performed at the project site directly related to the work assignment, and shall be inclusive of all direct and indirect charges. When Contractor is to be compensated on a unit price basis, the, quantities listed in the Agreement will not govern final payment; payment will be made only for the actual quantities provided, and shall be inclusive of all direct and indirect charges.. When Contractor is to be compensated on a fixed price basis, such payment shall be full compensation for the items of work and shall be inclusive of all direct and indirect charges. Direct and indirect charges include, but are not limited to: direct salaries plus the cost for mandatory and customary benefits; premium payments for hours worked in excess of the normal daily or weekly schedule; travel and subsistence expenses; travel time; mileage expenses; communication costs including delivery charges, express mail and postage, telephone, and FAX; expenses for reproduction, binding, and delivery of technical reports; insurance; overhead; field office expenses; report preparation and submittal; and secretarial services. Page 5 of 6 Invoices shall be submitted monthly for work performed, and compensation for that portion of the work which is undisputed will normally be made within 30 days upon receipt of invoice. If payment for undisputed work is not received within 30 days upon receipt by City of invoice, Contractor may suspend all work until payment is received, or terminate the unperformed portion of this Agreement. 16. ATTORNEY FEES: If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorney fees, which may be set by the court in the same action or in a separate action for that purpose, in addition to any other relief to which that party may be entitled. 17. TERMINATION: This Agreement may be terminated with or without cause by City at any time. This Agreement may be terminated by Contractor only by providing City with written notice no less than 30 days in the advance of such termination. In the event of termination, Contractor will be compensated for services performed up to the point of termination. Compensation of work in progress will be prorated as to the percentage or progress completed at the date of termination. In recognition of the obligation state in this Agreement, the panties have executed this Agreement on the date indicated above. ATTEST: CITY OF SANTA CLARITA City Clerk City Manager Approved as to Form: City Attorney AIRBOURNE SYSTEMS INCORPORATED Address: 1891. Betmor Lane Anaheim, CA 92805-6775 Phone: (714) 634-3002 FAX-- By: AX: By: NamelTitle: Jack Van Eden - Executive Vice President ALL SIGNATURES MUST BE WITNESSED BY NOTARY (ATTACH ACKNOWLEDGMENT). Print Name and Title eng civlcontmctegr Page 6 of 6 CITY OF SANTA CLARITA DEPARTMENT OF COMMUNITY DEVELOPMENT EXHIBIT "A" SCOPE OF WORK - PROJECT NO. 51-5602-227 - AERIAL MAPPING SCHEDULE All work products related to this proposal are to be delivered to the City in the formats indicated not later than May 1, 1995: The aerial photography is to be completed in January, 1995. II. AREA OF MAPPING COVERAGE The area to be covered by the mapping is as indicated on Exhibit Al. The area encompasses approximately 44 square miles, including certain areas outside of the present City boundaries and all areas from the 5 freeway to the 14 freeway. III. DESIRED MAPPING PRODUCTS The City requires delivery of the following photographic, computer and mapping products: 1. Hard copy aerial photos for each section at a scale of 1" = 200 ft. with appropriate borders.. 2. Mylar reproducible of each photos for each section at the same scale with appropriate borders and notation. Drawing size to be approximately 36" x 36". 3. Computer file of digital orthophotos for each section at the same scale in AutoCad 12 format, or in a direct GIS format at the City's option. 4. Hard copy topographic maps for each section at a scale of I" = 200 ft. with 5 ft. contour interval and showing all roadways, development on commercial properties, driveway entries for residential properties and stylized symbols for single family residential development properties. 5. Mylar reproducibles of the topographic maps with appropriate borders and notation. Drawing size to be approximately 36" x 36", 6. Computer files of the topographic maps for each section at the same scale in AutoCad 12 format or a direct GIS format, at the City's option. EXHIBIT "B" - Specifications for Aerial Mapping Attachment A City of Santa Clarita Disclosure Statement Attachment B - Equal Opportunity/Affirmative Action Statement Attachment C - Hold Harmless Agreement np&,., .Lff,