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HomeMy WebLinkAboutAgenda - 01-20-1998 - 9bt ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 20, 1998 q-6 SUBJECT: Aerial Photography Agreement with Atlantic Technologies, Ltd. DEPARTMENT: Land Records PUBLIC HEARING: (Y/N) 1`'0 _ , BUDGET AMENDMENT: (Y/N) ~ Yes~~~; ATTACHMENT(S): Proposed Agreement Capital Project Ordinance Request for Proposals (separate cover) Atlantic Technologies Proposal (sepazate cover) INFORMATION CONTACT: Roscoe Reeve, ext 2500 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 227-2031 PURPOSE: To approve an agreement with Atlantic Technologies, Limited for aerial photography of Orange County and potential future geographic information systems (GIS) data enhancements. BACKGROUND: Orange County's Information Technology Plan and Capital Improvements Plan include proposals to enhance the uses of GIS through additional data gathering and digital mapping capabilities. The first step towazds these enhancements is the acquisition of updated aerial photography of the entire County, which was last flown in 1987. In December 1997, the Board approved a capital project ordinance appropriating funds to enable the County to obtain updated aerial photos during Winter 1998, while the leaves aze off the trees. Further, the Board authorized staff to negotiate an agreement with Atlantic Technologies, Limited, which had submitted the best, lowest cost proposal in response to the County's request for proposals (RFP) for production of additional GIS data. It is important to note that while the RFP asked for proposals on a range of GIS enhancements, the County is making no financial commitment to the vendor beyond the first segment of the project, which encompasses the aerial photography and associated control measures. Work on the future phases of the project -analytical, orthophotos, topography, and planimetrics -would not take place until fiscal year 1998-99 and beyond, and even then, only if the Board of Commissioners chooses to appropriate funds through the CIP for those phases of the project in future yeazs. The agreement does provide latitude for the Town of Chapel Hill, which is participating in this project with the County and Atlantic, to acquire products from the vendor along a different timetable (if the Town so desires, as the Town's funds for the project are available). Action Agenda Item No. The County's first acquisition, covering aerial photography with associated control (referred to as Phases A and B in the proposed agreement), has a total cost of $51,900. The Board of K Commissioners has already approved $48,000 for this work. The attached capital project ordinance increases the authorized expenditure to $51,900, with the balance of funding coming through intergovernmental payment from the Town of Chapel Hill. The proposed agreement maintains the prices quoted by Atlantic through June 1999, with an option to extend those prices to November, 2000. Work on future phases of the project not completed at that point would be subject to an inflationary adjustment based on the consumer price index which would not exceed ten percent. RECOMMENDATION(S): The Manager recommends that the Boazd approve the agreement with Atlantic Technologies, Limited, subject to final review by the County Attorney; authorize the Chair to sign; and approve the attached capital project ordinance. THIS AGREEMENT, made this 20th day of January, 1998, by and between Orange County, hereinafter referred to as the County, and Atlantic Technologies Limited, whose principal office is at 2227 Drake Avenue SW, Building 14, Huntsville, Alabama 35805-5146, hereinafter referred to as the Company, WHEREAS, the County issued a request for professional services proposal, called RFP, on November 6, 1997, and amended said RFP on November 18, 1997; WHEREAS, the Company responded with a proposal for said services within the allowed time of December 5, 1997; WHEREAS, the Company proposed amulti-phased provision of services and products to produce aerial photographs, digital orthophotos, topography, and planametrics for a total cost of $650,142, explained within the proposal and described on the official proposal form; WHEREAS, the Company represents that it is qualified, willing and able to provide the professional services and products desired by the County, and deliver the requested services and products according to the County's specifications and the terms of this Agreement, it is therefore agreed and understood that: A. SCOPE OF SERVICES I. This project will be divided into separate phases. All phases beyond phases A (Aerial Photography) and B (Ground Control) aze subject to budget approval and future appropriations by the Orange County Board of Commissioners. A. Aerial Photog~aphv: Aerial photography including pre-paneling at scales of 1"=2,000' for the entire County and 1"=1,000' and 1"=500' for selected azeas is required. All aerial photography is to be flown with 80 percent (80%) forward lap. The total cost for this phase is $37,900. B. Ground Control: The Company is to review the attached revised contract map to determine if additional horizontal control is required. If additional control is required, the Company is to indicate the location of the necessary additional control. The North Cazolina Geodetic Survey may set required horizontal ground control using Global Positioning System (GPS) equipment. The total cost for this phase is $14,000. C. Fullx na ~+tical Aerial Triang lation FAATI: FAAT to properly control the mapping project is to be produced as described in the attached specifications. The Company is to produce new FART to use in the projections of the orthophotos. Old FART is not to be used to produce the new orthophoto base maps. The total cost for this phase is $38,400. D. Production of Digital O hQ,photo Base Maps: The orthophotos are to be based on NAD 83 and are to also show corresponding NAD 83 and NAD 27 grid ticks at the four corners of each map sheet. The total cost for this phase is $67,915. Type of Man Number of Sheets by Man Scale Total 4 Digital Orthophoto 1 "=100' 1 "=200' 1 "=400' (400) (90) (88) 578 Entire County (132) E. Djg~tal Ortho hp otos: The digital orthophotos will be clipped to the modular map sheet boundaries (2,500' x 2,500' for 1 "=100' scale, 5,000' x 5,000' for 1 "=200' scale and 10,000' x 10,000' for 1 "=400' scale). Images will not extend beyond the modular sheet boundaries. The Company has described the methods used in the production of the digital orthophotos; the types and specifications of the equipment used (e.g., the DPI and the geometric accuracy of the diapositive scanner), the accuracy and ground pixel resolution of the finished digital orthophotos, and the media, file size, and format to be used in the delivery of the digital orthophotos to the County. The County currently has ARC/INFO GIS software, and the Company will discuss any additional software and/or hardware the County will be required to purchase in order to store, display, or manipulate the digital imagery. F. Top~nhv: The topography is to be based on the same scale as the digital orthophotos (see Section 1.0 Project Overview of the RFP) and should result in the creation of a Digital Terrain Model (DTM) of points which will be captured and stored on a per stereo model basis and will be merged with adjacent models to create a TTN array. The total cost of this phase is $193,687. G. Planametrics: Digital planametrics will be produced based on the same scale as the digital orthophotos. Company provided costs for, a range of feature detail with a minimum quote for roads, buildings and structures, bridges, rivers, driveways, ponds and other water features, utility easements, and as an alternate adding vegetation, towers, fencing, etc. The total cost of this phase is $229,800, with anadd-on option of an additional $64,260 for additional features. II. County Contract Map: A copy of the County Contract Map is attached and is a part of this Agreement. This contract map depicts the boundaries of the maps to be delivered and the various map and aerial photography scales to be used. III. Standards & Specifications: The standards and specifications for all requested services and products are stated and described in the RFP as amended and the Company's proposal of December 5, 1997. B. SPECIAL CONDITIONS I. The Orange County Board of Commissioners has approved and the County now authorizes Company to proceed in the services and products described in phases A & B, according to the specifications of County RFP and the December 5, 1997 response of Company. Company will request of County, after the successful completion of control and flights, whether it desires to receive the aerial photo prints as described or whether County wishes to forego production and delivery of the prints and receive a credit. Company agrees that phases A & B will be completed before February 28, 1998 in terms of the required control and aerial flights accomplished. II. The County authorizes and the Company agrees to allow the Town of Chapel Hill, an Orange County municipality, hereafter refered to as Participant, to request and receive services and products per the standards and specifications of this Agreement beyond phases A & B, for the area designated on the Contract Map, including but not limited to, digital orthophotos, topography, and planametrics. Participant will request said services and products of the Company through execution of its own purchase order to the County, and with the permission of the County subject to a Local Agreement between County and Participant, and Company will respond with a time schedule for performance of services and provision of products according to the request of the purchase order. Company, upon delivery of services and products, will invoice County, with a copy of the invoice sent to Participant. III. Contacts: All contacts for this Agreement and for the provision of services and products is: for County, Roscoe E Reeve GIS Director 200 S Cameron St (P O Box 8181) Hillsborough, NC 27278 919-732-8181 ext 2501 (p) 919-644-3015 (f) rreeve@co.orange.nc.us for Company, Spurgeon Briggs Atlantic Technologies Ltd 2227 Drake Ave SW Bldg 14 Huntsville, AL 35805-5146 205-882-7788 (p) 205-882-7774 (f) WSBriggs@aol.com IV. Bond: The bond required by the RFP and proposed by the Company will be a total cost of $4,180. V. LIMITATION OF LIABILITY A. CLIENT agrees that ATLANTIC's liability hereunder for damages, regardless of the form of action, shall not exceed the total amount paid for services under this agreement. B. CLIENT hereby agrees to defend, hold harmless and indemnify ATLANTIC from and against any and all claims, liabilities or judgments, except to the extent finally determined, as being caused by ATLANTIC'S sole negligence or willful misconduct. Under no circumstances shall ATLANTIC be responsible for lost profits, damages or other unique, consequential or indirect damages to client. C. ATLANTIC shall not be liable for losses, damages or claims that are discovered by CLIENT or CLIENT's agent or representative more than one year after final delivery of project deliverables, or for which no written notice was provided to ATLANTIC within 30 calendar days of such discovery. D. ATLANTIC shall not be liable for any damages incurred by CLIENT or any other entity resulting from delay or failure of delivery due to strikes, lockouts, fires, inclement weather, equipment malfunction, governmental acts or regulations or any other circumstances beyond the control of ATLANTIC. E. ATLANTIC does not make any express or implied warranties, including but not limited to, the implied warranties of merchantability and fitness of a particular purpose. VI. TERMINATION OF AGREEMENT This Agreement may be terminated by either party upon thirty (30) days written notice should the other party fail substantially to perform in accordance with its terms through no fault of the other. In the event of termination, ATLANTIC shall be paid for services performed to the termination date, including reimbursements then due. VII. EXTENT OF AGREEMENT This Agreement represents the entire and integrated agreement between the CLIENT and ATLANTIC and supersedes all prior negotiations, representations, or agreements, either written or oral. The Agreement may be amended only by written instrument signed by both CLIENT and ATLANTIC. VIII. SUCCESSORS AND ASSIGNS The CLIENT and ATLANTIC each binds itself, its partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party in respect of all covenants of this Agreement. Neither the CLIENT nor ATLANTIC shall assign, sublet or transfer his interest in this Agreement without the written consent of the other. IX. SEVERABILITY In case of one or more of the provisions contained in this Agreement or any application thereof shall be judicially determined to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein and any other application thereof shall not in any way be affected or impaired thereby. X. PRODUCT OWNERSHIP All products created by Company for County, in electronic, paper, film, or other medium become and are the property of County whether delivered to County or held at Company or any other site. C. COMPENSATION TERMS I. An amount equal to 10% of the cost of phases A & B is due and payable upon execution of this agreement in support of project mobilization. II. Phases can be accelerated at client's request depending upon date of acquisition of aerial photography and availability of resources. III. Invoices shall be submitted monthly on a percent (%) complete basis with payment terms of net 30 days. IV. CLIENT agrees to pay interest to ATLANTIC (or any successor or assign) at a rate equal to 18% per annum on sums which CLIENT fails to remit to ATLANTIC within 30 days from the date of invoice. V. Company agrees that the proposed price for all phases is valid until June 30, 1999, and that if all products have not been ordered or delivered by that date it extends further the right of County to purchase products and services at those prices until November 1, 2000. Any products not ordered for delivery after the November 1, 2000 date will be priced at an additional cost based on this Agreement plus the rate of inflation for the year 2000 as indicated by the consumer price index, but will not exceed a total increase of 10%. In witness whereof, the parties hereto have executed this Agreement the day and year first above written. Contractor: Client: ATLANTIC Technologies, Ltd. [Company] By: Title: Date: Project Manager: By: Title: Date: Client's Authorized Agents: 8 Information Technology Capital Project Ordinance Project Number 61-491 Be it ordained by the Orange County Board of County Commissioners that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following capital project is hereby adopted. Section 1. The project authorized provides funds to implement the first phase of the short term plan under the County's Strategic Automation Plan. This project will be financed with proceeds from the County's portion of the one-half cent sales taxes and State grant funds for the Department of Social Services. Section 2. The officers of the County aze hereby directed to proceed with the project within the budget contained herein. Section 3. The following revenue is anticipated to complete this project: Transfer from General Hard (1997-98) $180,139 Irrtergo-aernmerrtal - Town of Chapel III $3,900 Inter~g~r~vrerrtal -State ofNC $2$ 742 Total Revenue 5212,788 Section 4. The following amount is appropriated for this project: py~.~.~, $S1,Sa0 Teclardogy ~~ Total u~iores $212, 788 Section 5. The ordinance supersedes all previous Information Technology Capital Project Ordinances. Section 6. This ordinance, originally adopted December 1, 1997, shall be in effect until June 30, 1998. Adopted this 20th day of January, 1998.