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08-049, Towill, Inc. for construction land surveying servicesAGREEMENT FOR CONSTRUCTION LAND SURVEYING SERVICES BETWEEN THE CITY OF CUPERTINO AND TOWILL, INC. Pz~~v~ u~~ `~ z THIS AGREEMENT is made and entered into this 2?~ day of Ao't~<<-- , 2008 by and between the City of Cupertino, a municipal corporation, hereinafter referred to as CITY, and Towill, Inc., hereinafter referred to as CONSULTANT. 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 Exhibit A of this Agreement. THE PARTIES HEREBY AGREE AS FOLLOWS: Section 1. Scone of Services. CONSULTANT shall perform those services specified in detail in Exhibit A, entitled "Scope of Work", which is attached hereto and incorporated herein. Section 2. Term of Agreement. The term of this AGREEMENT 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 parry. 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. City of Cupertino Towill, Inc. Page 1 of 13 Basic Agreement BASIC AGREEMENT 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 Payment. 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 Party Rights. 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 for the progress and City of Cupertino Towill, Inc. Page 2 of 13 Basic Agreement BASIC AGREEMENT 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 / Employees. 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 City of Cupertino Towill, Inc. Page 3 of 13 Basic Agreement BASIC AGREEMENT work performed under this Agreement to the extent due to the negligent acts (active or 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 Requirements. 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 Permission 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 City of Cupertino Towill, Inc. Page 4 of 13 Basic Agreement BASIC AGREEMENT and shall not be less than two million dollars ($2,000,000.00), combined single limit for any one occurrence. 2. Comprehensive or Commercial General Liability Insurance shall include coverage for bodily injury, property damage and personal injury for premises operations, product/completed 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. City of Cupertino Towill, Inc. Page 5 of 13 Basic Agreement BASIC AGREEMENT 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. Termination. A. CITY or CONSULTANT shall have the right to terminate 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 terminate 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. City of Cupertino Towill, Inc. Page 6 of 13 Basic Agreement BASIC AGREEMENT D. In the event of termination, 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 termination. Section 14. Governing L 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 City of Cupertino Towill, Inc. Page 7 of 13 Basic Agreement BASIC AGREEMENT 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 work 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 CONSULTANT 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. City of Cupertino Towill, Inc. Page 8 of 13 Basic Agreement BASIC AGREEMENT 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 1, 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 City of Cupertino Towill, Inc. Page 9 of 13 Basic Agreement BASIC AGREEMENT 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 permitted 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. City of Cupertino Towill, Inc. Page 10 of 13 Basic Agreement BASIC AGREEMENT Section 24. Agreement Bindin rior Agreements 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 Exhibits 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 Attorneys 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, or 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. City of Cupertino Towill, Inc. Page 11 of 13 Basic Agreement BASIC AGREEMENT ~ ~ ~ ~~ ~~~~ WITNESS THE EXECUTION HEREOF on the day and year first herein above written. APPRO S AS` TO FO1 ,~ Attorney NOTARY PUBLIC CERTIFICATION State of California 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. CITY OF CUPERTINO a municipal corporation Director of Public Works, a ph Qualls Attest: date: dr 9 City Clerk, Kimberly Smith WITNESS my hand and official seal. Signature o otary Public 10300 Torre Avenue Cupertino, CA 94014 408 777 3223 CONSULTANT ~' ~~'~ ~ TOWILL, INC. 5099 Commercial Circle, Suite 100 Concord, CA 94520-1268 Phone: 925 682 6976 By: date: Apri123, 2008 Vice President, Randy Smith Federal Tax I.D. No: Project No.: 2005-9449 File No.: 74,009.16 Contract Amount: $30,000.00 Account No.: 428-9449-9300 liALLY 1. RM180ELL Commlaion +r 1 d9Z641 Nolory PubNc - CotNbrtw CoriM~o toga Co~~rMy MI-ConMlt. ~~MoV29, P.O. No.: ~ S3-~~~ City of Cupertino Towill, Inc. Page 13 of 13 Basic Agreement ~:=]-°_% CESPK-ED-G STATEMENT OF WORK 1. PROJECT DATA 28 April 2008 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: 1.3. CONTRACT NO: W91238-07-D-0002 Task Order 1.4. 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(c~,towill.com 1.5. GOVERNMENT POINTS OF CONTACT Sacramento District A-E Contract Specialist: Carolyn Mallory CESPK-CT-A 1325 J Street Sacramento, CA 95814-2922 (916)557-5203 Carolvn.E.Mallory «~usace.arrny.mil Project Manager: Michael Ruthford 1325 J Street, CESPK-ED-G Sacramento, CA 95814-2922 Phone: (916) 557-7302 Michael.E.Ruthfordlc~usace.army.mil 1.6. AUTHORIZATION: 1.7. SCOPE: The A-E shall 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://cbbsspk.usace.army.mil/ae.hhnl 1.8.2. All work shall be in compliance with 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. 1.83. The contractor shall provide all control necessary to establish horizontal and vertical positions 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 (NAND 88) Order 2 or better. 1.8.5. Horizontal and vertical control will be acquired 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 existing 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 including: • 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 • Justification 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, operations, all survey logs and data sheets used or acquired under this task order, any difficulties encountered, (including discrepancies with maps, etc.) and how they were resolved. The contractor 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 effective 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 (approximately 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 Preant 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 floodplain. The contractor is to provide engineering surveying and mapping services for 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 completion 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 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. 3.1.2. The contractor's LIDAR system calibration report produced by the manufacture shall be no more than 24 months old. The contractor shall collect site calibration data that consists of data collected on both a large building and an airport runway flown at least twice from two directions differing by 90 degrees. Both the building and the runway should be positioned 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 known 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 determined 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 existing 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 opportunity. 3.1.5. Preliminary LIDAR data reduction shall be performed daily to identify any voids in the LIDAR coverage. This includes downloading the flight data, separating the IMU 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. Airborne GPS Processing -Statistics for each solution (base station) shall be generated and studied for quality. A quality solution is consider to have the following characteristics: • satellite lock maintained throughout the session • position standard deviation of less than 5 cm • low ionospheric noise • few or no cycle slips • fixed integer ambiguity solution throughout the trajectory • maximum 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 flight lines, identify and remove systematic error by flight, using ground control and densified triangulation control as a baseline for verifcation, 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 the 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 shall contain a reduced LIDAR data set that defines the key points from. which. a surface can be created and still. maintain an accuracy of 15cm 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 with bare earth, water, key points and non bare earth points 3.1.11. The contractor shall create LIDAR intensity images of the LIDAR Coverage area and submit in Mr SID format. 3.1.12. The contractor shall use off the 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 final LIDAR shall be NAVD88 verticle in the units of feet. 3.2. Task I -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 fora 1" = 100' scale. The contractor shall use the LIDAR data to aid in the control of the imagery. The contractor shall produce building Breaklines, building footprints and planimetrics for paved roads within Area A. 3.3.2. The horizontal and vertical datum of the imagery shall 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 shall 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 of all 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 digital 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 copy 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 vertical interval, ASCII Random point data file, ASCII Breakline Data File, ASCII Exterior 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 organization, spatial referenced, entity and attribute information, distribution, 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", FGDC-STD-001-1998. This standard is available for download from. www.f~dc.~o~. 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 this task shall be completed within 120 calendar days after the effective date of the 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 exercised. 7. AUTHORITIES 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. 8. PAYMENTS STATEMENT The contractor 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 description 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