08-049, Towill, Inc. construction land surveyAGREEMENT FOR CONSTRUCTION LAND SURVEYING
SERVICES BETWEEN THE CITY OF CUPERTINO AND
TOWILL, INC. ~r~~~ ~~~'~Z
THIS AGREEMENT is made and entered into this Z~ day of ~~~<<-- , 2008
by and between the City of Cupertino, a municipal corporation, hereinafter referred to as
CITY, and Towill, Inc., hereinafter referred to as CONSLTLTANT.
RECITALS, Project, and Construction Land Surveying consultant services for the
Mary Avenue Bicycle Footbridge Project; and
WHEREAS, Towill, Inc. has the necessary professional expertise and skill to
perform Construction Land Surveying services required.
NOW, THEREFORE, the purpose of this Agreement is to retain Towill, Inc. as
CONSULTANT TO THE CITY to perform those services specified in E~ibit A of this
Agreement.
THE PARTIES HEREBY AGREE AS FOLLOWS:
Section 1. Scope of Services.
CONSULTANT shall perform those services specified in detail in E~ibit A, entitled
"Scope of Work", which is attached hereto and incorporated herein.
Section 2. Term of Agreement.
The term of this AGREENIENT shall be commence on Apri121, 2008, and continue
through Apri130, 2009 , inclusive, subject to the provisions of Exhibit A, of this
AGREEMENT. In the event that the services called for under this AGREEMENT are
not completed within the time specified above, the City Manager may extend the time for
completion. This section does not preclude the recovery of damages for delay by either
party.
Section 3. Schedule of Performance.
The services of CONSULTANT are to be completed according to the schedule set out in
Exhibit B, entitled "Schedule of Performance", which is attached hereto and incorporated
herein. CONSULTANT is not responsible for delays beyond CONSULTANT' S
reasonable control.
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Section 4. Compensation.
The compensation to be paid to CONSULTANT for professional services and
reimbursable expenses shall not exceed $30,000.00 (Thirty Thousand Dollars). The rate
and schedule of payment is set out in Exhibit C, entitled "Compensation", which is
attached hereto and incorporated herein.
Section 5. Method of Pavment.
The CONSULTANT shall furnish to the CITY a detailed statement of the work
performed for compensation during the term of this Agreement. Consultant may submit
monthly invoices for interim progress payments during the course of each phase.
Section 6. Independent Contractor.
It is understood and agreed that CONSULTANT, in the performance of the work and
services agreed to be performed by CONSULTANT, shall act as and be an independent
contractor and not an agent or employee of CITY; and as an independent contractor,
CONSULTANT shall obtain no rights to retirement benefits or other benefits which
accrue to CITY'S employees, and CONSULTANT hereby expressly waives any claim it
may have to any such rights.
Section 7. No Third Partv Ri~hts.
CONSULTANT' S services under this agreement are intended for the sole benefit of
CITY and shall not create any third party rights or benefits.
Section 8. Project Coordination.
(a) CITY: The City Manager shall be representative of CITY for all purposes under
this agreement. Ralph Qualls, Director of Public Works, is hereby designated as
the CITY PROJECT MANAGER for the City Manager, and shall supervise the
progress and execution of this agreement.
(b) CONSULTANT: CONSULTANT shall assign a single CONSULTANT
PROJECT MANAGER to have overall responsibility far the progress and
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execution of this agreement for CONSULTANT. Tom Loomis is hereby
designated as the PROJECT MANAGER for CONSULTANT. Should
circumstances or conditions subsequent to the execution of this agreement
require a substitute CONSULTANT PROJECT MANAGER for any reason, the
CONSULTANT PROJECT MANAGER designee shall be subject to the prior
written acceptance and approval of the CITY PROJECT MANAGER.
Section 9. Assi ng ability~ / Sub consultants / Emplovees.
The parties agree that the expertise and experience of CONSULTANT are material
considerations for this Agreement. CONSULTANT shall not assign or transfer any
interest in this Agreement or the performance of any obligations hereunder, without the
prior written consent of CITY, and any attempt by CONSULTANT to so assign this
Agreement or any rights, duties, or obligations arising hereunder shall be void and of no
effect.
CONSULTANT shall be responsible for employing or engaging all persons necessary to
perform the services of CONSULTANT hereunder. No sub consultant of
CONSULTANT will be recognized by CITY as such; rather, all sub consultants are
deemed to be contractors of CONSULTANT, and it agrees to be responsible for their
performance. CONSULTANT shall give its collective professional attention to the
fulfillment of the provisions of this agreement by all of its employees and sub
consultants, if any, and shall keep the work under its control. If any employee or sub
consultant of CONSULTANT fails or refuses to carry out the provisions of this
agreement or appears to be incompetent or to act in a disorderly or improper manner,
such employee or sub consultant shall be discharged immediately from the work under
this agreement on demand of the PROJECT MANAGER.
Section 10. Indemnification.
CONSULTANT shall defend, indemnify, and hold harmless CITY, its officers, agents
and employees of any and all claims, suits, demands, loss, or liability and expenses,
including reasonable attorney's fees, accruing or arising out of or resulting, from the
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work performed under this Agreement to the extent due to the negligent acts (active ar
passive) or omissions by CONSULTANT'S officers, employees, or agents. The
acceptance of said services and duties by CITY should not operate as a waiver of such
right of indemnification. This provision of Section 9 shall survive the term of the
AGREEMENT.
Section 11. Insurance Recluirements.
CONSULTANT shall furnish to the CITY within 15 days following the execution of this
Agreement, the required certificates and endorsements to provide the City satisfactory
proof that Consultant has taken out for the entire period required by this Agreement, as
further described below, the following insurance and endorsements, in a form satisfactory
to City and with an insurance carrier satisfactory to City, authorized to do business in
California and rated by A. M. Best & Company "A" or better, financial category size
FSC Class VII or better or that is otherwise acceptable to the City, which will protect
those described below from claims described below which arise or are alleged to have
arisen out of or result from the acts or omissions of Consultant for which Consultant may
be legally liable, whether performed by Consultant, or by those employed directly or
indirectly by it, or by anyone for whose acts Consultant may be liable:
A. Workers' Compensation and Employer's Liability Insurance:
Workers' compensation insurance indicating compliance with State's workers'
compensation laws and employer's liability insurance with a minimum of one
million dollars ($1,000,000.00) per accident for injury, death or disease to any
employee. The policy shall contain an endorsement waiving all rights of
subrogation against the City, its officers, officials, employees or volunteers. In
the event Consultant is self-insured, it shall furnish Certificate of Pernussion to
Self-Insure signed by Department of Industrial Relations Administration of Self-
Insurance, State of California.
B. Professional Liability, General Liability and Automobile Liability Coverage:
1. Automobile Liability Insurance shall include coverage for bodily injury
and property damage for owned (if any), hired and non-owned vehicles
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and shall not be less than two million dollars ($2,000,000.00), combined
single limit far any one occurrence.
2. Comprehensive or Commercial General Liability Insurance shall include
coverage for bodily injury, property damage and personal injury for
premises operations, producdcompleted operations and contractual
liability. The amount of the insurance shall not be less than one million
dollars ($1,000,000.00) per occurrence and two million dollars
($2,000,000.00) aggregate, combined single limit. (Claims made policies
are not acceptable.) Consultant shall also provide aggregate limits
endorsement and primary insurance endorsement.
3. Professional liability Insurance (including Contractual Liability) shall
include coverage for claims for professional acts, errors or omissions and
shall not be less than one million dollars ($1,000,000.00) per claim, and
two million dollars ($2,000,000.00) in the aggregate. This coverage shall
be maintained for a period of 5 years after completion of the agreement.
C. Additional Insurance Provisions
1. The CITY shall have the right to inspect or obtain a copy of the original
policies of insurance.
2. On Consultant's Commercial General Liability policy and Automobile
Liability Policy, City of Cupertino and their affiliates, directors, officers,
officials, partners, representatives, employees, consultants, sub consultants
and agents, shall be named as additional insured, but only with respect to
liability arising out of work or operations performed by or on behalf of the
Consultant including materials, parts or equipment furnished in connection
with such work or operations. General liability coverage can be provided in
the form of an endorsement to the Consultant's insurance (at least as broad as
ISO Form CG 20 37 07 04 or CG 20 10 11 85), as a separate Owner's and
Contractor's Protective Liability Policy, or on the Entity's own form.
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3. The general, auto, and professional liability policies shall be endorsed to
provide primary insurance coverage for all claims related to the services
provided under this contract.
4. The certificate of insurance shall state the policy will not be cancelled without
thirty (30) days written notice to the CITY.
5. All policies, endorsements, certificates, and/or binders shall be subject to
approval by the City Manager of the City of Cupertino as to form and content.
These requirements are subject to amendment or waiver if so approved in
writing by the City Manager.
6. If Consultant fails to maintain any required insurance, City may take out such
insurance, and deduct and retain amount of premium from any sums due
Consultant under this Agreement.
Section 12. Nondiscrimination.
CONSULTANT shall not discriminate, in any way, against any person on the basis of
race, sex, color, age, religion, sexual orientation, disability, ethnicity, or national origin in
connection with or related to the performance of this Agreement.
Section 13. Ternunation.
A. CITY or CONSULTANT shall have the right to ternunate this Agreement without
cause, by giving not less than thirty (30) days written notice of termination.
B. If CONSULTANT fails to perform any of its material obligations under this
Agreement, in addition to all other remedies provided by law, CITY may
ternunate this Agreement upon thirty (30) days written notice if consultant fails to
take steps to correct such failure within the notice period.
C. CITY' S City Manager is empowered to terminate this Agreement on behalf of
CITY.
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D. In the event of terinination, CONSULTANT shall deliver to CITY, copies of all
reports, documents, and other work performed by CONSULTANT under this
Agreement, and upon receipt thereof, CITY shall pay CONSULTANT for
services performed and reimbursable expenses incurred to the date of ternunation.
Section 14. Governing Law.
CITY and CONSULTANT agree that the law governing this Agreement shall be that of
the State of California.
Section 15. Compliance With Laws.
Consistent with its professional standard of care, CONSULTANT shall comply with all
applicable laws, ordinances, codes and regulations of the federal, state, and local
governments.
Section 16. Confidential Information.
All data, documents, discussions, or other information developed or received by or for
CONSULTANT in performance of this Agreement are confidential and not to be
disclosed to any person except as authorized by the CITY, or as required by law.
Section 17. Ownership of Materials.
All reports, documents, or other material developed or discovered by CONSULTANT or
any other person engaged directly or indirectly by CONSULTANT to perform the
services required hereunder shall be and remain the property of CITY to be used solely
for this PROJECT. Hard copies of consultants work product shall constitute the project
deliverables. Electronic documents, if any, shall be provided as a courtesy only without
any warranty or guarantee. The CITY holds CONSULTANT harmless for any reuse of
or modification to the documents.
Section 18. Waiver.
CONSULTANT agrees that waiver by CITY of any breach or violation of any term or
condition of this Agreement shall not be deemed to be a waiver of any other term or
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condition contained herein or a waiver of any subsequent breach or violation of the same
or any other term or condition. The acceptance by CITY of the performance of any wark
or services by CONSULTANT shall not be deemed to be a waiver of any term or
condition of this Agreement.
Section 19. Consultant's Books and Records.
A. CONSULTANT shall maintain any and all ledgers, books of accounts, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating
to charges for services, or expenditures and disbursements charged to CITY for a
minimum period of three (3) years, or for any longer period required by law, from
the date of final payment to CONSLTLTANT pursuant to this Agreement.
B. CONSULTANT shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of three (3) years, or for
any longer period required by law, from the date of termination or completion of
this Agreement.
C. Any records or documents required to be maintained pursuant to this Agreement
shall be made available for inspection or audit, at any time during regular business
hours, upon written request by the City Attorney, City Manager, or a designated
representative of any of these officers. Copies of such documents shall be
provided to CITY for inspection at City Hall when it is practical to do so.
Otherwise, unless an alternative is mutually agreed upon, the records shall be
available at CONSULTANT' S address indicted for receipt of notice in this
Agreement.
D. Where CITY has reason to believe that such records or documents may be lost or
discarded due to dissolution, disbandment, or termination of CONSULTANT'S
business, CITY may, by written request by any of the above-named officers,
require that custody of the records be given to CITY and that the records and
documents be maintained in City Hall. Access to such records and documents
shall be granted to any party authorized by CONSULTANT, CONSULTANT'S
representatives, or CONSULTANT' S successor-in-interest.
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E. Due to state funding on this project, the City and Consultant and all sub
consultants shall comply with the Uniform Administrative Requirements for State
and Local Governments set forth in the Code of Federal Regulations (CFR), Title
49, Part 18. In addition, the City and Consultant agree to comply with the cost
principles and procedures set forth in Office of Management and Budget Circular
A-87. The City and Consultant agree that a reference to either Office of
Management and Budget (OMB) Circular A-87 of the code of Federal
Regulations, Title 49, Chapter l, Part 31, whichever is applicable, and the Code of
Federal Regulations, Title 49, Part 18, will be included in any subcontracts
entered into as a result of this agreement.
Section 20. Interest of Consultant.
CONSULTANT covenants that it presently has no interest, and shall not acquire any
interest, direct or indirect, financial or otherwise, which would conflict in any manner or
degree with the performance of the services hereunder. CONSULTANT further
covenants that, in the performance of this agreement, no sub consultant or person having
such an interest shall be employed. CONSULTANT certifies that no one who has or will
have any financial interest under this agreement is an officer or employee of CITY. It is
expressly agreed that, in the performance of the services hereunder, CONSULTANT
shall at all times be deemed an independent CONSULTANT and not an agent or
employee of CITY.
Section 21. Gifts.
A. CONSULTANT is familiar with CITY'S prohibition against the acceptance of
any gift by a CITY officer or designated employee, which prohibition is found in
the City of Cupertino Administrative Procedures.
B. CONSULTANT agrees not to offer any CITY officer or designated employee any
gift prohibited by the Administrative Procedures.
C. The offer or giving of any prohibited gift shall constitute a material breach of this
Agreement by CONSULTANT. In addition to any other remedies, CITY may
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have in law or equity, CITY may terminate this Agreement for such breach as
provided in Section 13 of this Agreement.
Section 22. Notices.
All notices and other communications required or pernutted to be given under this
Agreement shall be in writing and shall be personally served or mailed, postage prepaid
and return receipt requested, addressed to the respective parties as follows:
To CITY: Terry W. Greene
City Architect
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
408 777 3248
408 777 3333 Fax
To CONSULTANT: Michael Baird
Towill, Inc.
5099 Commercial Circle, Suite 100
Concord, CA 94520-1268
925-682-6976
925-682-6390 Fax
Notice shall be deemed effective on the data personally delivered or, if mailed, three (3)
days after deposit in the mail.
Section 23. Venue.
In the event that suit shall be brought by either party hereunder, the parties agree that
venue shall be exclusively vested in the state courts of the County of Santa Clara, or
where otherwise appropriate, exclusively in the United States District Court for the
Northern District of California, San Jose, California.
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Section 24. Agreement Binding/Prior A~reements and Amendments.
The terms, covenants, and conditions of this agreement shall apply to, and shall bind, the
heirs, successors, executors, administrators, assigns, and sub consultants of both parties.
This AGREEMENT, including all E~chibits attached hereto, represents the entire
understanding of the parties as to those matters contained herein. No prior oral or written
understanding shall be of any force or effect with respect to those matters covered
hereunder.
This AGREEMENT may only be modified by a written amendment duly executed by the
parties to this Agreement.
Section 25. Costs and Attornevs Fees.
The prevailing party in any action brought to enforce the terms of this agreement or
arising out of this agreement may recover its reasonable costs and attorneys' fees
expended in connection with such an action from the other party.
Section 26. Electronic Transmission of Information.
From time to time, the CONSULTANT may transmit design or other information to the
CITY, CITY'S Representative, ar Contractor via electronic transmission. The CITY,
CITY' S Representative, or CONTRACTOR shall not be entitled to and hereby agrees not
to alter or modify any such information without the express written consent of the
CONSULTANT. Similarly, the CITY, CITY'S Representative, and Contractor shall not
use any information for any purpose not expressly covered by this Agreement. The
CONSULTANT shall not be responsible for any destruction or corruption of such
information during or after transmission to CITY, CITY' S Representative, and
Contractor and shall be entitled to appropriate additional compensation in the event
retransmission or recreation is required.
Notwithstanding the foregoing, the Contractor may use electronically transmitted
information to prepare submittals, as-built drawings and record drawings.
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CONSULTANT shall not be responsible for any changes made by the CONTRACTOR
or for the CONTRACTOR' S work product.
Section 27. Job Site Safetv.
In no event shall CONSULTANT be responsible for job site safety issues. Such issues
shall be the responsibility of the Construction Contractors, who shall be required by
CITY to defend, indemnify, and hold harmless CONSULTANT and CITY far such
issues.
Section 28. Dispute Resolution.
Any dispute related to the services hereunder shall be resolved by the parties pursuant to
applicable law.
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WIT'NESS THE EXECUTION HEREOF on the
day and year first herein above written.
APPROVES AS TO FORM:
~~ ; ,
City Attorney
NOTARY PUBLIC CERTIFICATION
State of California
CITY OF CUPERTINO
a municipal rporation
` LC ~ 5. l 2. Z~~3
Director of Public Works, R ph ualls
Attest: date: .5' ~ 9 ' ~g
City Clerk, Kimberly Smith
10300 Torre Avenue
Cupertino, CA 94014
408 777 3223
. ~
CONSULTANT ~~
TOWILL, INC.
5099 Commercial Circle, Suite 100
County of Contra Costa
On Apri123, 2008, before me, Sally L. Ransdell,
Notary Public, personally appeared Randy
Smith, who proved to me on the basis of
satisfactory evidence to be the person whose
name is subscribed to the within instrument and
acknowledged to me that he executed the same
in his authorized capacity, and that by his
signature on the instrument the person, or the
entity upon behalf of which the person acted,
executed the instrument.
I certify under PENALTY OF PERJURY under
the laws of the State of California that the
foregoing paragraph is true and correct.
WIT'NESS my hand and official seal.
o~° • i'~~
Signature Notary Public
Concord, CA 94520-1268
Phone: 925 682 6976
By: date: Apri123, 2008
Vice President, Randy Smith
Federal Tax I.D.
Project No.: 2005-9449
File No.: 74,009.16
Contract Amount: $30,000.00
Account No.: 428-9449-9300
~~
SAi:Y ~. RANSDELL
Comm~ssian #t 149264)
~ -,~ Natur~ Public - ColiforNO
Contra Costa CotxNy
My Cr~n, m E,cp~res Moy 29, 2000
P.O. No.: ~ ~~ ~~
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CESPK-ED-G
STATEMENT OF WORK
1. PROJECT DATA
28 Apri12008
1.1. PROJECT TITLE AND LOCATION: LiDAR Data for Hydrologic Studies of the Floodplain below Lake Success Dam,
Tulare County, California.
1.2. PROJECT NUMBER:
13. CONTRACT NO: W91238-07-D-0002 Task Order
l .4. CONTRACTOR DATA:
Towill, Inc.
444 Natoma Street ~
San Francisco, CA 94103-2909
POC: Mr. Ken Meme
Tel: (415) 243-4384 (ext 219)
Fax:(415)243-8264
ken. meme(a,towi ll. com
1.5. GOVERNIVIENT POINTS OF CONTACT
Sacramento District A-E Contract Specialist:
Carolyn Mallory
CESPK-CT-A
1325 J Street
Sacramento, CA 95814-2922
(916)557-5203
Carolyn.E.Mallory~a.usace.arm. .y mil
Project Manager:
Michael Ruthford
1325 J Street, CESPK-ED-G
Sacramento, CA 95814-2922
Phone: (916) 557-7302
Michael.E.Ruthford(~a,usace.army.mi I
1.6. AUTHORIZATION:
1.7. SCOPE: The A-E sha11 provide LiDAR (Light Detection and Ranging) data that will be used in hydrologic studies of the
floodplain below Lake Success Dam, Tulare County, California.
1.8. CRITERIA:
1.8.1. CBBS at http://cbbs.spk.usace.army.miUae.html
1.8.2. All work shall be in compliance witl~ the latest versions of EM-1110-1-1000 - Photogrammetric Mapping, EM-
1110-1-1002 - Survey Markers and Monumentation and EM-1110-1-1003 - NAVSTAR Global Positioning System
Surveying. Manual of Instructions for Geodesy, Cartography, Hydrography and Photogrammetry at a minimum.
1.8.3. The contractor shall provide all control necessary to establish horizontal and vertical posirions required for the
LiDAR data.
1.8.4. All horizontal control shall be tied to National Geodetic Survey (NGS) published monuments with North
American Datum 1983 (NAD 83) Order B or better. All vertical control shall be tied to NGS published monuments
with North American Vertical Datum 1988 (NAVD 88) Order 2 or better.
1.8.5. Horizontal and vertical control will be acyuired using dual-frequency geodetic-grade GPS receivers. GPS will
be used for both horizontal and vertical control. Network design, station and baseline occupation requirements,
satellite observation time per baseline, baseline redundancies and connection requirements to e~sting networks shall
follow the criteria given in the engineering manuals referenced in paragraph 1.8.2. The field observation log shall be
completed at each setup in the field.
1.8.6. The contractor shall provide as part of the report of survey, a written report describing the control survey
procedures used incl.uding:
• Description of existing control referenced
~ Description of the control survey network geometry
• Description of the airborne GPS survey
• Description of the survey instruments and methods used
• Description of the survey adjustment methods and the results, such as closure and precision of adjusted
positions
• Jusdfication for any survey points omitted from the final adjustment network
~ Adjusted Control Point Report containing control station recovery sheets, a list of the adjusted coordinates
of all horizontal and vertical basic photo control points, and a control diagram/flight plan
1.8.7. QUALITY ASSURANCE/QUALITY CONTROL:
• The contractor shall collect a minimum of 60 points in 10 various areas for a total minimum number of 600
points. These points shall be used as a ground truth comparison for the LIDAR data. The 10 areas shall be
approximately evenly dispersed throughout the project limits allowing for an overall project comparison. The
60 points area shall contain at least 20 points on bare ground, 20 points under tree canopy, and 20 points in
other vegetation (tall or low grass). 'These ground truth points shall be compared to the bare earth surface
developed from the LIDAR data and the differences shall be outlined within the report of survey and should
meet the 15 cm as outlined in 4.1 above.
• The RMSE shall be calculated as the square root of the average of the set of squared differences between the
bare earth TIN and the points collected for the individual groups as in the paragraph above (bare earth, under
tree canopy, and other vegetation). If the differences are normally distributed and average zero, 95 percent of
any sufficiently large sample should be less than 1.96 times the RMSE.
• A report of survey narrative shall be produced detailing all aspects of the LIDAR flight, including a
description of the fieldwork and detailed office data processing procedures as well as all the items and
comparisons as outlined above. The description shall include location, navigation and control, aperations, all
survey logs and data sheets used or acquired under this task arder, any difficulUes encauntered, (including
discrepancies with maps, etc.) and how they were resolved. 'The coniractor shall provide an interpretation and
analysis of the results of the survey, including data quality, coverage of the area, and a summary of the findings.
This summary shall be included in the transmittal letter documenting the electronic data delivered as a result of
the survey.
• The contractor shall provide and maintain an effecrive quality control program that will assure that all
services required by this task order are performed and provided in a manner that meets professional mapping
quality standards. As a minimum, competent, independent reviewers shall technically review all documents.
Performance of the independent technical review (ITR) should not be accomplished by the same element that
produced the product.
2. BACKGROUND
The purpose of this study is to create cost to benefit data that will help justify the cost of the seismic retrofit of Lake Success
Dam, not to create floodplain maps.
3. DESCRIPTION OF WORK AND SERVICES
Study will encompass 524230 acres (approx'vnately 820 sq. mi.) from Lake Success to the Tulare Lake Bed. New LiDAR will
be flown for Area A, consisting of 25970 acres from Lake Success Dam to the Freant Kern Canal Areas B(102042 acres), C
(225442 acres) and D(170776 acres.) Optionally the hydraulic openings of selected bridges will be surveyed for the purpose
of modeling the floodplairL
The contractor is to provide engineering sur~eying and mapping services f4r the purpose of providing lidar data flood plain
mapping for approximately 820 sq miles down stream of Lake Success located in Tulare County, CA.
The contractor's proposal letter shall state the following specifics:
• Specific LiDAR equipment with model, type and manufacturer to be utilized.
• Name of the project and project number.
• Whether or not the requested project comple~ion date can be met.
• Name, address, phone number and registration number of the registered land surveyor who will review and certify
the project.
3.1. LiDAR REQUIREMENTS:
3.1.1. The contractor shall acquire and process LIDAR data for approximately 820 square miles located generally
downstream of Lake Success Lake in Tulare County, CA. The area has been divided in 4 areas labeled A through D
as outlined in Enclosure 1. The LIDAR data collected for area A shal] have a nominal density of at least 1 meter with
a vertical accuracy of 15 centimeters (NSSDA RMSEZ). The LIDAR data collected for Areas B, C& D shall have a
nominal density of at least 3 meters.
3.1.2. The contractor's LIDAR system calibration report produced by the manufacture shall be no more than 24
months old. The contractor sball collect site calibration data that consists of data collected on both a large building
and an airport runway flovvn at least twice from two directions differing by 90 degrees. Both the building and the
runway should be positianed to a high degree of accuracy using conventional ground survey techniques and compared
both horizontally and vertically to the data collected for the site calibration LIDAR data. The results of this
comparison shall be outlined within the report of survey. The site calibration data shall be processed and delivered in
LAS format to the Sacramento District prior to the completion of the LIDAR data acquisition. The contractor shall
also calibrate the LIDAR system before each day's use. At the beginning of each survey, the contractor will locate a
segment of the project area that is similar to the lrnown calibration range - including a large building and an airport
runway - and survey them in the course of the project. By evaluating two flights in opposite directions, the
contractor shall check the overlap and calculate pitch, roll and heading error, then apply those values to the LIDAR
data collected. Any changes required for misalignments shall be made during the data processing phase. In addition to
studying scale factor and vertical accuracy, the consistency of first pulse and last pulse returns shall be verified along
with the laser return signal strength. Any timing corrections are deternuned at this point. Any adjustments applied to
the data based on these verifications shall be noted and outlined in the report of survey
3.1.3. The flight and survey crews will coordinate for updating GPS base station setup schedules as a function of
e~sting and predicted local weather conditions as well as satellite visibility. They will generate satellite visibility and
PDOP diagrams for each projected flight day using current ephemeris data, and then establish optimum flight times to
acquire data. Acceptable PDOP windows for data acquisition are 2.5 or less with a minimum of 5 satellites in view at
10 degrees or more above the horizon.
3.1.4. Preliminary airborne GPS processing shall occur at the end of each LIDAR data acquisition day to verify that a
quality aircraft trajectory can be derived. If any problems are evident in the airborne GPS trajectory, reflights shall be
scheduled at the earliest opporlunity.
3.1.5. Preliminary LIDAR data reduction shall be performed daily to identify any voids in the LIDAR coverage. T'his
includes downloading the flight data, separating the IMtJ and LIDAR data by flight line, and deriving laser points. A
plot for each day's sortie shall be provided in the report of survey.
3.1.6. Airbome GPS Processing - Statistics for each solution (base station) shal] be generated and studied for quality.
A quality solution is consider to have the following characteristics:
• satellite lock maintained tt~roughout the session
• position standard deviation of less than 5 cm
• low ionospheric noise
• few or no cycle slips
• fi~ced integer ambiguity solution throughout the trajectory
• ma7cimum number of satellites for a given constellation
• low (2.5 or less) Position Dilution of Precision (PDOP)
3.1.7. Post processing of inertial reference system data shall be accomplished using the appropriate position and
orientation system software package. This package shall be used to compute an optimally accurate blended navigation
solution based on Kalman filtering technology, or the best estimate of trajectory (BET). Formal data reduction shall
begin only after the calibration, data acquisition, GPS, and IRS processing phases are complete. The contractor shall
check individual and adjacent fligt-t lines, identify and remove systematic enor by flight, using ground control and
densified triangulation control as a baseline for verification, and making any required adjustments. Random samples
of overlapping data shall be compared for each day's sortie as a review of the internal consistency within the day's
data. A summary of this comparison shall state the general location of tt~e samples, the average differences, and the
standard deviation and outlined within the report of survey. The contractor shall produce a random sample of
overlapping data between different days of data. A summary of this comparison shall be summarized and as above
and outlined within the report of survey.
3.1.8. The contractor shall create a bare earth model eliminating returns from buildings and vegetation, create a
homogenous LIDAR coverage across the entire mapping limit, determine the absolute accuracy by comparison with
ground control, and make necessary adjustments using a least squares technique
3.1.9. The contractor shall provide an optimized data file. This file shail contain a reduced LIDAR data set that
defines the key poin.ts from wh.ich a surface can be created and still mainiain. an accuracy of 1.Scm RMSEz when.
compared to the ground truth data points.
3.1.10. The contractor shall provide a classified LIDAR data set in LAS v.l.l . The LAS file shall be classified witt~
bare earth, water, key points and non bare earkh points
3.1.11. The contractor shall create LiDAR intensity images of the LIDAR Coverage area and submit in Mr SID
format.
3.1. i2. The contractor shall use off tlie shelf imagery as a basis to digitize breaklines in areas B, C, & D. Breaklines
shall be created along paved roads, rail roads, major ditches, and canals at a minimum. The digitized breakline shall
be draped over the LIDAR bare earth data to produce a 3d breakline. The final breakline shall be evaluated for
accuracy to ensure features are accurately defined by the breaklines
3.1.13. The final LIDAR data shall be projected to California State Plane Zone 4 NAD83 horizontal with the units of
feet. The fmal LIDAR shall be NAVD88 verticle in the units of feet.
3.2. Task 1- Acquire and Process LIDAR data
The contractor shall acquire and process LIDAR data for approximately 809 square miles located generally downstream of
Lake Success Lake in Tulare County, CA. The area has been divided in 4 areas labeled A through D as outlined in
Attachment 1. The LIDAR data collected for area A shall have a nominal density of at least 1 meter with a vertical accuracy of
15 centimeters (NSSDA RMSEZ). The LIDAR data collected for Areas B, C& D shall have a nominal density of at least 3
meters.
3.3. Task 2- Collect and Process Imagery
3.3.1. Aerial imagery shall be collected and processed for Area A. The imagery shall be flown for a 1" = 100' scale.
The contractor shall use the LIDAR data to aid in the control of the imagery. Tbe contractor shall produce building
breaklines, building footprints and planimetrics for paved roads within Area A.
3.3.2. The horizontal and vertica] datum of the imagery sha11 be the same as with the LIDAR.
3.4. Optional Task 1- Hydraulic Opening Survey of Bridge over Tule River
Survey to include upstream profile of superstructure, soffit, and substructure including abutments piers bents, piles as
applicable.
4. SUBMITTALS
4.1. All data shall be delivered on external hard drive (USB 2.0 connection).
4.2. The following items sha11 be delivered:
• 1 Ea digital copy of Bare Earth LIDAR data ASCII, Comma Delimitated (x y z i) with "x,y,z,i" header for each
file.
+ lEa digital copy ofall LIDAR data ASCII, Space Delimitated (x y z i) with "x,y,z,I" header for each file.
• 1 Ea digital copy of all LIDAR data LAS Format version 1.1
• 1 Ea digital copy of LIDAR intensity images Mr SID format.
• 1 Ea digital copy of DTM (bare earth points and break lines) in dgn format.
• 1 Ea digita.l copy of Meta Data files for both LIDAR and Intensity Images.
• 1 Ea digital copy of Aerial Imagery for area A Tiff format with world file and metadata.
• 1 Ea digital capy of off the self aerial imagery for areas B, C, & D.
4.3. Include the following: Design File, Contour Design File containing 3D digital contour data with 2 foot vertica] interval,
ASCII Random point data file, ASCII Breakline Data File, ASCII E~cterior Boundary Data File, ASCII Interior Boundary File,
Planimetric feature and data file. (*.dtm, *_d.dgn, *_c.dgn, *-r.dat, *-b.dat, *-e.dat)
4.4. The contractor shall keep a copy of the digital data for a period of one year from the date of final government acceptance.
The digital data shall be made available to the government upon request, at no additional cost.
4.5. Metadata is data about data. It describes the content, identification, data quality, spatial data organizarion, spatial
referenced, entity and attribute information, distnbution, metadata reference and other characteristics of data. Each survey
project shall have metadata submitted with the final data submittal. All metadata submitted must be compliant with the Federal
Geographic Data Committee Standard "Content Standard for Digital Geospatial Metadata", FGDGSTD-001-1998. This
standard is available for download from.i~w.iadc.~ov. A digital file using ArcCatalog shall be furnished with the LIDAR
data and intensity image.
4.6. A weekly status report is required for this project and must include as a minimum, written records of all discussions with
the Sacramento District Office, and/or conferences pertaining to the project, brief narrative of the work completed, any
problems encountered with the work, any delays to the work. All correspondence (letters, reports, transmittals and etc.) must
include the contract number, Sacramento District task order number, and the project number. The weekly report shall start at
least two days prior to the mobilization.
5. SUBMITTAL SCHEDULE
5.1. Task 1- All work .and services for ttus task shall be completed within 120 calendar days after the effective date of tbe
contract action.
5.2. Task 2- All work and services for this task shall be completed within 120 calendar days after the effective date of the
contract action.
6. OVERALL PERIOD OF PERFORMANCE
All work and services shall be completed within 120 calendar days after the effective date of the contract action
7. OPTION STATEMENT
The Government may exercise the contract options 15 times at any time within 120 calendar days from the date of this Task
Order at the stated option price.
All work and services related to this contract option shall be completed within 15 calendar days after the option is exercise~
7. AUTA~RITIES STATEMENT
No person other than the Government Contracting Officer has the authority to make any changes to this contract action that
impact cost or schedule. Authority from the Contracting Officer to the contractor to make changes that impact cost or schedule
will be in the form of an official, signed modification.
S. PAYMENTS STATEMENT
The contractar shall submit invoices on ENG Form 93, available from A-E Administration Section. A separate ENG Form 93
must be submitted for each task order. Multiple task orders or contracts may not be invoiced on the same ENG Form 93.
Invoices shall be submitted no more often than monthly. Each line item on an invoice shall give a detailed descriprion of the
work item, its negotiated amount, percentage of work completed, and earnings to date. Upon receipt, the Corps Project
Manager will certify that the requested earnings are appropriate before payment will be made. The completed ENG Form 93
shall be mailed to the following address:
District Commander
Sacramento District U.S. Corps of Engineers
ATTN: CESPK-ED-SA, A-E Administration Section
1325 J Street .
Sacramento, California 95814-2922
Project Manager or Technical Lead
Attachment 1