HomeMy WebLinkAbout2003-07-14 City Council (12)TO:
ATTENTION:
HONORABLE CITY COUNCIL ~
CITY MANAGER DEPARTMENT: ADMINISTRATIVE
SERVICES
DATE:
SUBJECT:
JULY 14, 2003 CMR: 338:03
APPROVAL OF PROFESSIONAL SERVICES AGREEMENT
WITH GEODESY IN THE AMOUNT OF$100,000 FOR
DEVELOPMENT SUPPORT OF NEW COMPUTER
APPLICATIONS LINKED TO THE GEOGRAPHIC
INFORMATION SYSTEM (GIS)
RECOMMENDATION
Staff recommends that Council approve and authorize the Mayor to execute the attached
agreement in the amount of $100,000 for a professional services agreement with Geodesy
for development support of new computer application linked to the Geographic
Information System.
DISCUSSION
Proiect Description
The Geographic Information System (GIS) provides accurate citywide property, utility
and infrastructure information to all City staff and the public. It is a vital component of
the CityWorks infrastructure program, a City Council Top 5 priority. The GIS is a
central element of the City’s information infrastructure that is being integrated with
several other major information systems including the Police Computer Aided Dispatch
System, Records Management System, and the Utilities Computer-Aided Design and
Drafting (CADD) system. The services to be provided under this agreement will further
improve the integration of the GIS with these and other systems. The integration
between the GIS and CADD system will be enhanced by Geodesy to allow Utilities
Department engineers to transfer information directly from the design documents to the
GIS utilizing automated quality processes when projects are completed. This will
increase productivity by minimizing manual data editing and reduce the time required to
map this as-built information, putting more timely information into the hands of the
users.
CMR:338:03 Page 1 of 3
Existing GIS applications’ capabilities will be improved in the areas of map labeling,
support for additional relational databases, new macros to improve data maintenance,
specialized tools for parcel boundary editing and improved capabilities in data attribute
editing. This effort also will help enable a multi-jurisdictional GIS feature dictionary.
Among other regional GIS benefits this feature could be provided to other City’s through
the City’s Information Technology Service Provider (ITSP) program. The City’s current
ITSP clients are considering implementation of GIS systems and they have expressed an
interest in contracting for Palo Alto’s GIS services. GIS services are an important
segment of the ITSP service offerings and it is anticipated that Palo Alto will begin
contracting-out GIS services in 2003-05. Any GIS contract with another city will be
fully cost recovery. These tools will allow the City to continue it’s long-standing
commitment to regional GIS efforts by sharing GIS data with other agencies that are not
necessarily receiving direct GIS services from the City. The GIS Intranet server will be
upgraded and extended to support Personal Digital Assistants (PDAs) with wireless
capability. The ability to easily transfer data between the GIS and Global Positioning
Satellite enabled devices will also be enhanced. These tasks, identified in the attached
scope of work, are consistent with the objectives of the GIS Strategic Plan and will
improve the system for all GIS users.
Sole Source Contract
Geodesy has been instrumental in the development of Palo Alto’s GIS and related
applications, including many of the applications previously mentioned. Geodesy’s
unique understanding of the City’s specialized GIS system, its experience in developing
GIS applications for the City, and its expertise in the City’s GIS software environment
make it necessary to render the award as a sole source contract.
RESOURCE IMPACT
Tasks under this agreement total $100,000. Funds for the project are budgeted in CIP
10215. Based on the Technology Fund Strategic Plan, the Enterprise Fund will pay 60
percent and the General Fund will pay 40 percent of the expenses. Some cost recovery
will occur as current ITSP customers sign on for GIS capability.
POLICY IMPLICATIONS
This agreement does not represent any change to existing City policies.
ENVIRONMENTAL ASSESSMENT
Approval of this agreement does not constitute a project under the California
Environmental Quality Act (CEQA); therefore, no environmental assessment is required.
ATTACHMENTS
Attachment A:Agreement
CMR:338:03 Page 2 of 3
PREPARED BY:
DAVE MATSON
GIS Manager, Information Technology
DEPARTMENTAL HEAD APPROVAL:
CITY MANAGER APPROVAL:
CARL YE~)i~S
Director, ~dministrative
EMILY HARRISON
Assistant City Manager
Services
CMR:338:03 Page 3 of 3
CONTRACT NO.
BETWEEN THE CITY OF PALOALTOAND
GEODESY
FOR GEOGRAPHIC ~NFORMAT~ON SYSTEM (GIS) SUPPORT
This Contract No.is entered , into
by and between the CITY OF PALO ALTO, a
chartered city and a municipal corpora<ion of the State of
California ("CITY"), and GEODESY, a general partnership
(Taxmaver identification No. 94-3191197 , ("CONT~hCTOR").
RECITALS:
WHEREAS, CTmv-_,= de~-’ ........re‘- cer~.a~ n
S=r~,:c=s ) -’~ support of Ci:y’s Geographic lnforma:ion System
{~T~,~_~, , _~.~.~n~l~d~_~:~ but not iimi:ed :o crea~zng a svszema~lc me~ho~
for updating GiS data from Au:oCAD-based~:~j~~-~: -~ .... {~ ~ =s,
automating ~=~a~ed feature data main=enance an~ updating -
functzonazity of <he in~rane< ant ~,.=rez=s= access to Gis da:a,
and da~a conversion, which may include
~_~v~=~ of, without £:m!caczon, ....sec< of documents,
drawings, mares, m~ an~ designs,da=a,
,’Services.. and De!iverab!es are, co!iec:{veiv, ~ -<n: .....:=~==-c’")~ , as
more fully described in Exhibit "A"; and
its emp!o:,==‘- ~ any, in providina :he Services bv reason cf
its aua!ifica:ions and ..... ~=~,-= ~ ....... m~ ~- S=~:~{~=~
.........~ ~=~- E~= o~ ect on he Eer~sand CON%’~hCTOR has ozzere~ =o c~m ....~~.~j t
NOW,
terms, conditions, and :.rov:--ions of :his Co~r--ct, ......-’--c::= marcies
agree:
i.!~:-~:0 Contract wi!l coms~ence on ÷~= ....date of its
execuuion by and conzlnue in full force and e:::.~ unrou@n
June 30, .....unless <his uonura~+":v0s,-’~‘- tar±let :erminated by
Upon the receio: of CITY’s nouice t~ ~.~.~c~,
.....~.==± com~ence worb., on tb, e Projec: tasks_~.~ =~.~.~_~-, ...... ~= with <he
:ime schedule set foruh {~ =w~.i~ "~" ~of..... = .......~~_ . ~ime is ~:: essence
of nhis Con:tact. iu is undersuood and agreed Lh=~ the services
-=- ~- "’~in response~o be D~r=~r~d DV CONTPC%CTOR wi!i be the needs
of CTTY :nat arlse ~ .....s ........of :>e ana
010907 sdI 01000091 !
task shall be performed in a timely manner aomropriate to the
need therefor.
SECT!ON 2. SCOPE OF PROJECT; CHANGES & CORRECTIONS
2.1 The scope of Services and Deliverables
constituting :he Project will be performed, delivered or
executed by CONTKhCTOR under =he mhases_, of ~he Basic Service~_ as
described below.
2.2 Ci~v ’_~ may order substantia: changes in the scome
or character of the Services described in Exhibit "A", either
decreasing or increasing the amount of work remuired of
,~ON:KhC.OR. 7n the event that such changes are or@ere@, suDBect
to the_. approval of C~v’::: s City_ ~oun~:!,~ ~: as may
CONTRACTOR ~.,{71~___ be =nr~tl=d~..~_ _~ ~o fu!l compensasion for al~: work
~:~_~.~me~to ....~~ s receipt of the no~ice bf change
and:u~=’-’~=-~..~,wi!~_ be enti:!ed._ :o an extension of :},e time
schedule.Any increase in comoensation for subs:antial changes
will be de:ermined in accordance with the provisions of ~his
Con:tact C~TV wi!l no: be }iable for’C~ or oa~,/~.ent
any chance in --’ unl the -: additional ~ _-n ion~WO= K,eSS amount o~:
attribu:ab~= to the ~H-m~ in work is amreed ~u,
{~ work
2.2 Where :R,e entazis the drafting and
==~:~ ~_ s~..~_: ....., for examm±e,
drawings, and smecificacions, any and a~ errors, omissions, or
am=,~mu~:~e< {n :he Deiiverabies,wn~cn are ~:~..::= ....:
before invitat{on= to bid on a construction .... ~e~: (for which
the <,=iiverab!es are re~ui~=~~ed ~!TY, wi!! be..... ~are ,~:stribut by ~
De a~ ~o s~ to C!my " ~
no~ice to CONTBACTOR.
~ ~,~ hnv =:s.~--~ a!l errors,om{ss{o<.:,or ~m~{a~{ties in
~,= se±zveraD~es, which are ~.=~<.~_ ~v ~___ after the
ws Ci~!t wl±i De performec
,~a~ to CITY insofar as those
Services wi~: result _n m~nor .o ....~:,.=.=~.ai chan.ses in
’-~,~4 ~4 of ~e coneconscrucclon work r:~:u :_~ construction rat:or;
ib) a: CiTY’s cos: insofar as :hose Services will add a direct
a=.@ subs~antiai benefit to ~he construction wor}@ ~=..u~=~
..... ,, ~ n m~.=project manacer 4n :~,= reasonable
exercise of his or her ~ .....~~:a~=~.on wi!l determine whe:her
Basic Services or :he Additional Services, or bo:h, w411
corral: =bute m{.~ ~p.r¯~.~ or substantial benefit ~.o- ~=~.~_ construction
work.
010907 sdl 01000091
SECTION 3.
CONTR~_CTOR
QUALIFICATIONS, STATUS, AND DUTIES OF
3.1 CONT_RACTOR represents and warrants that i: has
:he exoer~ise and orofessiona! aua!ifications to furnish or
cause to be furnished the Services and Deliverab!es. CONTKhCTOR
further reoresents and warrants that the project director and
every individua!, including any CONTKhCTOR (including
c~n~:=c~o_s), charged wz~h ~he oerformance of the Services are
duly ±=c~ns=~ or certified bv the State of California, to the
ex~en= such licensing or cer~zfication is required by law
oerform the ....~ -__S=_v=c=s, and than ~he Projec= wi~] be executed bv
them or under their suoervislon. CONTKhCTOR wi- £urnish
C!TY for aomrova!, orion zo execution of this Contract, a list
of all individuals and =he names of :heir emo!overs or
orinc~oais :o be emp!oved as subcontracuors.
3.2 in reliance on the remresentations and warranties
set forth in this Contract, CITY hires CONTKhCTOR to execute,
and CONTRACTOR covenants and agrees tha: it wi!l execute or
cause to be executed, :he Project.
3.3 CONTKhCTOR ":""as ..........as ~..w=z±si,gn Ch:~-]~ Ei~~=]:he
....... ~=.-~ ~._’ .....for the~=oj:~_ ~_=~o: to have supervisory
o=<;ormaNce, ~,:,o~:=ss, ano execution
..... ~--~ COb:~C:~R @urzng the @av-:o-day work on :~ealso ~:s~=::~-~ ~P’" .....
Proj=~ -: circumstances or ~ ~+~
execuuion of :his Contract cause the substi:ution of tR, e orojec:
director ~ o~iec: coordinator =~_ :~ any reason,
~ro~ect director or
-:~ be subjec: the orion wri
manager
3.4.1 Procure all oermits and licenses, pay all
-~....< and ;==~ and c~:~e all notices ""~:~,.~:~m. ~ ......., ..w~.~: may be neces sarv
an~ incident to :he due and lawful N ....<ion ~ :"~..~_ecu:of :he Fro ecE;
ex~’ S~ ’ ~
and future m-_~-_~_:a~=~= .....of Cali=~.._~ ~an@’1oca1" ~ !aws
ordinances, re~ula:ions,~ order=,-and d=~==s~_--~:~=~:.-i~may =ffec~
:hose =mG~m=d ~.< emmlo---~materials,/=@ u~de- :his Con:r~cr -~ ....
.~ ’-~’~ ~ ’~= ........-= of the Service~-used ~ ~ ,~N:~.C:~R s oe~.m=~ .....
3.4.3 A: al_ rimes observe and comely with, and
,<~ its em~.iovees and CONTPACTORs, if any who are as~imned t~
~,e oerformance of :h~s,~o~:~0: :o ob<=~ve and ~.~ .... ~=,, with, :he
010907 sdl 01000091
laws,ordinances,
above;and
regulations,orders and decrees mentioned
3.4.4 Report immediately <o the project manager,
in writing, any discrepancy or inconsis:ency it discovers in the
laws, ordinances, regulations, orders, and decrees mentioned
above in relation to the De!iverab!es.
3.5 Any Deliverables given :o, or prepared or
assembled by, CONTKhCTOR or its subcontractor’s, if any, under
~his Contract wil! become :he property of CITY and will not be
made available to any individual or organization by CONT_RACTOR
or its subcontractors, if any, without <he prior written
approval of <he City Manager.
¯b~s: ....=u~ w==l provide C:=_wlnn nnree (4;
coni=s of any document< which are a --+
upon =~e~r comoletion and acceptance by CITY.
3.7 <~ CTTV ~=mue<÷~additional ~ ~-~of..........c~p=:-any
documents which_~_=~= a oar: of :~e De!iverabies, ~o~r~.~.~’-~ will
_~ .....CODLeS ~=~_ ~,=:_compensateErovide ~h aQQlzLona±’and
CONTRACTOR for its dup!ica:ing costs.
¯<~..: ....=~m wm.. me oonsible for emolovin~
=u~:.._:=._~o~~o: CoN:s=_~=~. w~il be deemed =~_~ be direcr!y
conEro±ie~ and sumervised ov bob!:_<~,~w~., which w~±: be
responsible for :heir --: ....n -<: an};
subcontractor of p.~;~~m fails or
~-~v~-ions of ~ < Co..~:=~,_ or _. ars be incommetent
~c: ~ n a disorder!y ,~- imorooer manner, :he emolovee
~ractor_ will b=_ dischar~sed im~edi---’-= ~=: v from further
:n=~formance-~ under :his ~._._~-~n--=p:on demand ~:~= the
ma~gcer.
2..9 in :he =-= ....~n -CONTPA%CTOR andof :he Projec_,
ins subcon:racnors, if any, will a: all :~mes be considered
independent corm:at:ors and not=~=~s-~-~ or =. ~.:z==-~m~.~_= ~:~: Cm~_:~.
3.10 CONTPJ, CTOR will be responsible for employing all
subcontractors deemed necessary ~o assis: CONTPJ~CTOR in the
performance of the Services. The appoin:menn of subcontractors
must be approved, in advance, by CITY, in writina, and must
remain acceptable to ~Tmv ~h= ::~m Of :his
010907 sdl 01000091 4
DUTIES OF CITY
4.1 CITY will furnish or cause to be furnished the
<=~--~-= listed in Exhibit "A" and such information regarding~--V~S
its requirements applicable to ~he Projec~ as may be reasonably
:~zue_~=@ by CONTKhCTOR.
..~v will __as ne sary, in a4 2 C~review and approve,.. ces _
timely manner the Deliverables and each phase of work performed
bv CONTRACTOR.~-~v,-~±~ s estimated time of ~--~--_ :=v~=w and aDDrova±
wi!~ be furnished ro CONT~hCTOR=~-~ the =!me of submission of
each phase of work. CONT~hCTOR acknow=e~ges =~=~ understands
tna: ~he znaerrel=~e~ exchange of information among CITY’s
various departmen=s makes it extremely difficult for CITY to
firmly esrabiish the =!me of each review and approval :ask.
CITY’s failure to review and approve within the estimated time
schedule will not consti=u=e a default under this Contrac:.
4 3 ~..e maname~ will reorese~e C=_. = for =~ ~
murposes under this Con:tact. DAVE .~I~_TSON is designa:ed as T~e¯~-,-. =~t<~e Ci:v ~ ......The..p_~,Dect manager will
sumervise Ehe o~~= .......~~-= ....~ ....~ ~-
.~-~7 q~{ 5 COHPENSAT! 9N
~ compensate CON~cpr}~ for ~he -~ ~w~,~
servi~==~_ and work:
5.2.1 Tn ,-o<<ideration ......of eke :u=:~ merformance ~_~T
:he ~-
.... ThousandHunerea
Dc~ ]~-~ (SIP5 0C ~er hour on = ~ime =~.~ ma<er-a!s basis, ....
Ei -- Hundred ’8n~’ ~ ....... -"~~’ " ~
fees of :he subcon:rac:ors who have~:~ ....=.~ conzras:ua!
~v P’~’" reserves the -~ w~.....,~=:~..r:S~refuse pa2~.enn of such fees,
if such prior approval is no: obtained by CONTBACTOR.
010907 sd10100009!5
made, provided such request for payment is initiated by
bON=K~C:OR and aunhorized, in wr!ting, by the pro3ect manager.
Payment .~7_w::: be made winhin thirty (30) days of submission by
CONTBACTOR of a statement, in trin!icate, of itemized costs
coverzng such work or changes, or both. Prior no commencing
such exnra work or changes, or both, nhe carnies will agree upon
an es:zmaned maximum cosn for such exnra work or changes.
CONT~hCTOR " ~_w=:~ hOE be bald for exnra work or changes,
including, winnour limitation, any design work or chanme order
oremaranion, which is made necessary on acsounn cf cow~<~-~on’
errors, omissions, or oversignLs.
5.1.3 Direct mersonne! expense of employees
a~igned :o ~he execunion of the Project by ~.~’~
_:.~_-~,~-~= on!v the_work of drafrsmersons, smecifica:ion w_=_=~=~_
" -n~-= in consu!~ation research and de<:~, work
~_~u~=~ drawings, smecif!ca~£ons an~ ......documents
~-a-n:nc~ ..........Lo ~.~ ro=ec:, ~ zne ex:e~:s ces are
exmress!v sonEemm±ated under Ehis mon~r=.~,inc:ueee in
cos= of direct oersonne! exmense of nhese emmlovees are
aF±i mandaEorv and GusEomarv benefi:s such as s:a:uEor; emmiovee
benefi:s,~m<~ance, sick ~"........ ~Rve,no_l~avs an/ vasazio~s,
~=~<:c~s =n~ similar benefins
will " made ’ ~ ’ _ da~;swLnnln :hirtv (30)
wz=noum repcr:s which nave
~. ~_. ~No aeauc:ions will be mace :tom~o~,,~a:’;~,-~’-~~ ~,~,~ :,~,~,, s
co!!Lr~ ~ ~ ~rs .
exmenses incurred in ....n-~-~ ~ wi:h :he ~=~: ............f
S ....~--- =~s ;.s~=+~ ....~ ~ ....~-=-’~-= ......je~ wil!
accordance with cene-~ ]]_v acceo~ed =c.~.~,~n~ ~and
wlzz De maae ~vai!abie "~ ~=~ fc= -’~
~ ve&rs f<] owinc ~8= evm{ra:ion or earlier :erminazion
010907 sdl 01000091 6
6.2 The originals o{ the Deliverables prepared by or
CONTRActOR in the performance of thisunder the direction of
Contract wil! become the property of CITY irrespective of
whether the Project is comp!e<ed upon CITY’s pa~ent of the
amounts reauired to be _ ~ ~ ~ -~a~ to CONTP~_CTOR. These originals wil~
be delivered to CITY w=~..ou_ addi:ionai commensation_ . CiTY
have the right to utilize any final and incomplete drawings,
estimates, smecifications, and any othe~ documents ~_~a_~d
hereunder by CONT~hCTOR, but CONT~hCTOR disclaims any
~=soonsibili<v or ~ab~t for ~ !terati or ~’:’ ~’.~ ._: ....y a~v a o~s moQ!:lcaulo~s
of such documen:s.
INDEMNITY
7.1 CONTRACTOR agrees to ero:ecr, indemnify, ....
C~un~= membe~and hold harmless ....~"%~:, its ~’~ ~ !-~,O~~!cers, ~m~:~y==== ~
and agents,from any and all demands,c!-;, ~ or ~-m~’~" of
any~_~:_,n=+"~= .......~nc~ud~ma~ deat~ or injury~to any_ :oerson, .O:OO~=~}~ _
__. ±ors,caused by or arising outdamage or any other ~ -’
~.~O}~_~.C:OR’T ~ ~, . ’s, its officers’, amen:s’,~subcontrac:ors’
_~.~__g=n~ ac:s, ......,will
misconduc:, or conduct for which applicable law may impose
strict ±!aDl±lEy on bONs~=~R in the ~=~:-~m~
to perform its ob!i,sations under this Con:tact.
WAIVERS
, .,e waiver either marry any
-:~a<ion of any ....term, .~.. ....~ ....:-~ of :his
Contract or of -=~’-~-~:--~or !aw wil!~=Drov!SiO~S O£ a~v _
be de=med ~o be a waiver of any such ~v ..... Ee~K condiEip~n
~-~-~ sion, ~m; ~.=n~= or !aw .... o~ any subsemuer.t breach or
viol-" ~ --~ ....=_:.~ of the same or of any other COVeN.aRE, :erm, conal:lon,
~rovision, ordinance or law. ~=~- subseauent~ =-..~.~_==~-~p-_= bv
ei:her marzv -of any fee or o~:~r mcney wnicl< may become sue
<.i=~ wii_ no: be deemed :o be a waiver cf any ~=~=~
breach or ViOI:~{ ~r by :he o:her par:y .~. =::.,.. covenant,
condition or mrovision of this ~-~ ~~=urac~ or o: any aoomlcasLe
SECTION 9. ZNSUKhNCE
010907 sdl 01000091 7
insuring not only CONT~hCTOR and its subcontractors, if any, but
also, with the exception of workers’ compensation, employer’s
liability and professional liability insurance, naming CiTY as
an additional insured concerning CONT~hCTOR’s performance under
this Contract.
9.2 All insurance coverage required hereunder will be
provided through carriers with Best’s Key Rating Guide ratings
of A:ViI or hi@he< which are ackni~:ed to transact {nsurance
business in the State of California. Any and all subcontractors
of CONTKhCTOR retained to perform Services under this Contract
will obtain and maintain, in full force and effect during the
:erm of this Contract, identical insurance coverage, naming CiTY
as an additional insured under such Do!icier as re@uired above.
9 3 Certificate: of such {nsu~=nc=sreferab!v on the
forms ~ --’: ~ "~ "’be .-~with C!~v_-ov’-~e~ ~y CITY, w~!i -’led ~
wi~h ~=~ execution of this Contract. ~he .......~e~:~=~=~=~.~.__ will be
subject to :he approval of cT~V’s risb manager and wi!!
am endcrsemenr stari n@ that :~e insurance i ~covera@e
and -:~:~: not be canceled .... or =~:=~=d by_ the_.:~n ..... .... - ....... ~x¢=~ af:er
__={ling wi~h :he CITY’s: s City Clerk 3C}e=v=~ ....’
wri:ten no~ice of such cancellation or and that
Ci:y of Paio A!<o ~s named as an addi:ionai insured except in
m~!icies ~: workers’ commensazion,- ......’ ......~my a o ’,~, m ~ s ila£,!ii:y, and
~rofes~iona~_ ~ .......] {ab{ ] ~tv insurance Curren: certificates of such
i<,::’~=n~-=... ~. ~._~ wi!l be kem: on fii: =C =~:~ Elmer ,~’~<’~ the term of
this Contract with :he city clerk.
poiioies of {n<urance will no: be ~n< .... =~ ~,~ ~ ’ ’
CONTP~3TOR’ s !lability hereunder nor to fu~ ~ ~ ] ~he
indemnification_m~~sions ~=~ ~ Contract. N~.~_~=~=~=~g~---~’~ ......
the oolicy o= ~olicies ~ ~nsurance, ,~,±~ ........
or !oss caused by or direc:!v arising as a result of
a~,~=~=s =~ ..,=~ ~n~ this Contract such
=:~ }u.v, or !oss ~ ~ af:er the ’~"
LreQLerm ~=_ exD .
!0 ! ~.N=~hb=OH, by ex=cu:~nm :his P .... ~--
tha: i: is aware of ~e_.. ~.rovis:o~= ....o: tne~ "-~==~r Code of :<,=
s~=<_: o~ California which ....~ ....~ ........... u ....every :mp±~,s:~ :o be insured
=gains: !lability for workers’ ...... ~---~ undertake
sei6-fns~.~rance {n accord=nee with ~he Drovi<ions cf :ha: Code,
and certifies ....u~:~as
=~iicabie,-2N before commenc~ng~ :he performance cf "~= .... Projec:._
010907 sdI 01000091 8
PROJECT
S~bT~ON l~ TEKMiN~T!ON OR Su ....N~:ON CON~a~T OR
i!.! The City Manager may suspend the execution of the
Project, in whole or in part, or terminate this Contract, with
or without cause, by giving thirty (30) days’ prior written
no:ice thereof zo CONT~hCTOR, or i~mediately after submission to
CITY by CONT~hCTOR of any comp!eZed item of Services. Upon
receipt of such notice, CONT~hCTOR will immediately discontinue
its performance under this Contract.
11.2 CONT~qCTOR may terminate this Contract or suspend
_ts execution of :he Project by giving thirty (30) days’ prior
written nonice ~hereof to C!TY, bu~ only in :he even< of a
substanria! failure of performance by CITY or in the even< CITY
indefinitely withholds or withdraws its request for the
ininia:ion or continuation of Services.
!! 3 Umon such susoension or ~erminar~on by CITY
~~~....~for t~e ~^~-~- - rmed and~uN:s~CiOi,, wi~.= be commensared ._ ~=.~_~s merzo
~:~@~_ma receive@ ant aDE.roveC
notice from CITY of <uc
with authorized additional and rei~ursabie exmenses then due.
~f ~he is resumed after being sus~,ended, for more than
80 ,says,any ~:~=...~ in ~ ....{c ..........:~. n ~-~!
subjec= Zo renego:iation and, if necessary, approval of CiTY’s
,,~£ty Council. ±z :his Contract is suspended or ~=~m:~=~:c on
services which are of direct and i~mediate~=~.==,=~-n-=~ to ~,’-~v as
,~=s-~=~ ~-~~m=.~=o,~ may be made by the city m=n=.~:r .... in the
.... x~, exercise of his ~.~ >=-" ~: .... :on.
l! ," ~n :he event of termination of this
susmens~or of work on :he mrojec: by b:~= e .... =.~.o:., is
Fcr aomroved i:ems of servises, ~o]~T~i~q~
010907 sdl 01000091 9
11.4.3 The total compensation payable under the
pr=p=s4n~ maramramhs of this Section will no< exceed the ma’smenz
smecified under Section 5 for the respective items of service to
be rurn~shed by CwN~KhCT.~R.
11.5 Upon such suspension or termination, CONTKhCTOR
will deliver to the city manager immediately any and al! copies
of the De!iverables, whether or not completed, prepared by
CONT~hCTOR or its subcontractors, i{ any, or given to CONT~hCTOR
or its subcon~.=~o_=, if any connection wizh this Contract.
Such materials wi~ become the prope ~’" of C~Tv__rmv __= .
:=::~e of C!TY to agree ~.~
~n~=m-nm-n+ findings, conc±us!oD~,Or recommendations,
same are called for under this ~,_.=~-cr, on the._ basis of
differences in mat:ers o÷ iudmment win~.... ~ ~ _. , __ not be construed as a
failure on the mar: of C~N=~.<=um ~o zu±z~l its ob!iga=ions
under :his Contract.
~ ~ ~:Coot<~r is for :>,e "services±~. ~ !~_~S ~ersona±
..~ ~ o ,-. ~=~.~. :herefore, ~},~n ~ ~m will non ass~:~,
convey, or ocD.erwlse ~sDose of ~: .........
Ci:!e or_:~._~.~_~~+=~=~ ........ ~n or :o :he <~me p~ any mar: thereof without
~.~_o. written 8ons~n9 consent ~o one assignmen~
will not be deemed :o be a consenn to any subsequen: assignment.
Any as<ignmenn made withou:~ .....:--~’ ~ ~ be ....~~=py:~=_ cf CITY w!::v~_..
and, =t ~- option of :he manager, -~:
:erminated. ~:=s Concrac: will no: be assimnab!e~ by ~om:ration- -
of law.
=_,.z Aii nccises hereunder w~:! me
~nd mai~-~ ...... :
follows:
{~ writinm,
addressed as
’Office of the Clerk
Cicv of Palo
Post
010907 sdl 01000091
~ ~ in accepting this Contract, CON~B~C~On covenants
that it presently has. no interest, and wii’: no< acquire any
interest, direct or indirect, financial_ or oZhe~.w~e,~: wh{ch .....
would conflict in any manner or degree with the performance of
:he Services.
14.2 CONTSACTOR fur=her covenants <hat, in ~he
performance of this Contract, it will not employ contractors or
persons having such an interest mentioned above. CONT~/~CTOR
certifies ~hat no one who has or will have any financial
interest under this Contracr is an officer or employee of CITY;
nhis provision will be interpreted in accordance with the
applicable provisions of the Pa!o Alto Municipal Code and the
Government Code of the State of California.
SECTION ~5. NnND<~n:~<:N~~: N
!5 ~ ~ set : --’- in ~-<~-- °--~o Alto Municimal Code, no
discrimination will be made in the em~io~,~en: of persons under
~::s Con:rac: because o:aae, ~=~-=, ~!or, ~--~ ~-~ ....:
ancestrv,~ re!iaion, disabi!i<v, sexual _~-:-~-:=:rence or a=ni~. ....~ ~:
sup:n_., person._ if the value ~.~{~ :his b~.~.~-n~:=~ is, cr may be, five
.... ~u~=~ ~_.~ (S5 0@0) or more, ,~N~d~b=~. ~.~s
requirements of t~=~.._ ~°a’~. ~ A!to .._.~_~.m,,n~oa~_ Code ....>_.~aining :.o
........ crimination in - ~ -~com~!e:~,~ t~e
requisi=e form furnished bv ~-y~v=: and _<e= forth in Exhibit ...... ~
wi:h a c~-<t :: ÷-’ care stating :hat rName of
Provider] ~’- currentiv in ~i:n-= wi:h
all Federal and Sta:e of California laws
covering nondiscrimina:icn in =mp] o<~enr ;
and that [Name of~.~_° ....r~ .fi=~]~.~
under Eb.d.._s con:-’~: because
race,co~=~r,-,naEiona!ord sir,,~..mnC=<:~;~_ _.: ,
~=]{gion, disability, sexualy~=:_~._~_~_ or
gender of such person."
nondiscrimina=ion mrovisions cf the S:ate of Call=:~::~=:- ~-a~ ~-
Ems.!oymen: O~ac:i<=<_~_ Ac: or similar s~-~-~ons,.~ of Federal i~w- or
010907 sdl 01000091
in default of <his Contract. Thereupon, CITY will have :he
power to cancel or suspend this Contract, in whole or in part,
or to deduct the sum of twenty-five dollars ($25) for each
person for each calendar day during which such person was
subjected <o discrimination, as damages for breach of con<racE,
or both. Only a finding of :he Stare of California Fair
Emp!o],~ent Practices Commission or the equivalent federal agency
or officer will constitute evidence of a breach of ~his
Contract.
..... ~, 16 MISCELLANEOUS PROVISIONS
!6 1 uON=.<hCTOR and warrants ~:=~ i: has
knowledge of :he requirements of ~= ~ ~~’ ....re,era: ~_me r icans with
Disabili:ies Ac: of ~990, and +~= Government Code and
and Code of t~.= St=~e of c=~ ~=-< ’ ~......... m~_~19~ re!aEi~ <o =~cess
:o public buildings and accommodations for disabled mersons, and
rela=inm to faci!i=ies ~r disabled persons. ~w~:~=.~=~s~ Wl!i
commlv wi:h or ens .... bv i=s advice :ha: com~iiance wi:h
provisions wi!l b= ~:~_~d mursuant to :<~e :erms :his
16.3 This Contract w~±± me aovernea by :he ~aws u: d~
Sca=e .ofba=2zorn==,- ~ ’- =- excludin~ i=s .... =~-~ of law
~.:’~ in :hE event tha: an action is ~::_,w ......~ :he
~:~ies acree :ha: ~r~ai of such ao:ion wil! b= reseed
=wc~usive~!}~ in :he sza:e oourts of Californ~_ .......a ~.~ in :he :~-=s~_~
~= ......~:: Ca!ifcrnia in
Ehe uoun~v o: a=~_= Clara, s:a~e~: California.
::~=~=~ ~ v in any - ~ion ~ ~
Conzrac: may recover i:s reasonable cos:s and a::ornevs’ fees
¯=:_~is document :he entire and
~’~-=mraEei c~.<+~-:p~ between the mar:ies and sumersedes al!
R-~+ia:ions, representations, and contracts ={:<n=~ wri~-=~
,~~ a aocumen~ may amended on!y a
instrument, which ~ s:snea by :he par:ies.
010907 sdl 01000091 -.- ~-
16.7 All provisions of this Contract, whether
~wil!deemedcovenants or cond.~ons,be to be both covenants and
conditions.
16.8 The covenants, ~erms, conditions and provisions
of :his Contract will apply :o, and will bind, the heirs,
successors, executors, administrators, assignees, and
subconnracZors, as :he case may be, of the parties.
16 9 T= a court of comne:ent :,-~-’:p+{~ -"
rules ~-~this or~=< any provision of Contract any amendment
thereto is void or unenforceable, the unaffecZed provisions of
~h~s Contract and any =m~n6m=n~= ~nere~o w{]~ remain in full
force and effec=.
16.10 All exhibits referred to in this Contract and
any addenda, appendices, attachments, and sshedu!es which, from
time to ~ime, may be referred to in any du!y executed amend_men:
hereto are by such reference incorporated in :his Contract and
"’~ ~= ~-= -~ to be a part of :~ Con:tact
"~" : Con:tact may be executed -’ ~
each of which wi!l be~;~ ori~=~-~ , s~u:~..~ ~ ~.~:
Will cons:i:u:e one ;~ :he same ins:rumen:.
/ /
010907 sdl 01000091
IN WITNESS WHEREOF, the parties hereto have by their
duly authorized representatives executed this Contract on the
date first above written.
ATTEST:CiTY OF PALO ALTO
City Clerk
APPROVED AS TO FORM:
Ass:. City A~<orney
APPROVED :
Mayor
GEODESY
Taxmayer i.D. No. 94-3191197
Assistant Manager
Direc%or of A6minis:ra:ive
Services
!ns~ra~ce Review
Rx~TBIT "A" ¯
EKHiEIT "n"~ :
EKH:BIC’ "D" :
FOP. FiSS~R YEAR 2003
01090? sdl 01000091
CERTIF!CA~ OF ACK~OWLKD~NT
(Civi! Code ~ 1i89)
~TE OF
COUNTY OF
)
)
)
on <~J~. ,~-~ , bet:or=- me, the undersigned,
a notary public in ~a~hd for said County, personally appeared
~. ~ (or proved :o me on :~e_.. basis of
satisfactory evidence) to be the nerson(~) whose name~)
sumscramed to qhe wiqhin instrument ant =,~ ..... w:=ege~ no me
~sh~y execu=ed =he same in ~iher/qh~ii authorized
canaciny(~), and :hat by ~!h~ signarure~ on
instrument the nerson(~, or the en:iny unon behalf of which
nerson(~) ~-~=~ execuned :~e ~ns:rumen:
=:~=~ my nan~ and offi=ia! seal
010907 sd101000091
May 19, 2002 Exhibit A Page 1
Scope of Work for Fiscal Year 2003 o 2004.
This scope of work describes the tasks to be performed by Geodesy in support of the
PAGIS project for fiscal year 2003 - 2004. The focus for the year is on creating a
systematic method for updating GIS data from AutoCAD-based project files, automating
related feature data maintenance, and updating the functionality of the intranet and
wireless access to GIS data.
The total cost for this scope of work is $100,000.00. The cost basis is 800 hours at the
rate of $125.00 per hour. Time will be billed on a monthly basis for hours worked.
Task 1" Map Labeling
The ability to create luggage tags both interactively by end users and en-masse for an
entire feature class by the GIS administrator was developed in FY 2002 -2003. This
task extends these capabilities to allow users to dynamically define label content and
add labels to sets of selected features. Users will be able to:
pick the attributes to be included in the labels,
optionally define captions for each attribute, and
set the font, size, and justification of the labels.
Task 2: Alternate RDBMS Support
Currently the City of Palo Alto uses Oracle 7.3 to contain the master GIS feature data
and Microsoft Access to contain replicated data sets for dissemination and remote use.
Trials have been conducted at the City for recent versions of Oracle and for Linux-based
MySql to evaluate these database platforms in terms of performance and ease of use.
There is also an interest in testing the GIS data on Microsoft SqlServer. This task
provides time for consulting and software development in support these tests.
Task 3" NetMap and PDAMap Updates
This task provides time to upgrade NetMap, the City’s browser-based intranet
application, to use functionality developed for PDAMap. It also provides for
enhancements to the PDAMap wireless prototype developed in FY 2002-2003.
Task 4: GIS Administrator’s QC Application - Additional Operations
QC is an existing GIS administration application that scans Encompass feature tables
and reports and repairs data errors. It was created in FY 2001-2002 and significantly
enhanced in FY 2002-2003. Currently, the application finds and fixes invalid dates,
performs a variety of geometry and primitive tests, and rebuilds table indexes. This task
provides time to enhance QC to:
flag and delete features outside the GIS coordinate range,
test for attribute values out of range or not in a legal value list, and
May 19, 2002 Exhibit A Page 2
validate link/node networks.
Additionally, existing QC procedures may be enhanced to salvage features that are
currently deleted when they fail to pass certain QC tests.
Task 5: Multi-Jurisdictional Support
This task provides for the extension of the existing multi-jurisdictional Feature Dictionary
to further integrate dictionary-based data. Currently, dictionaries may be added on-the-
fly by authorizec] users. Map views may be defined using data from any of the opened
dictionaries. Further enhancements may include the ability to use map locations defined
in multiple dictionaries and processing critical data sets like street centerlines so the
Palo Alto data may be seamlessly extended as a single feature class.
Task 6: Direct Data Transfer To and From Trimble Devices
The City has purchased and successfully tested Trimble GPS hardware and software.
Currently, data is transferred between the GIS and the Trimble field devices using two
approaches. Metadata is transferred to field equipment through a Trimble Data
Definition File (DDF) that is generated a using TrimbleDdf, an Encompass application.
Feature data is transferred through DXF or Shape files and must be passed from an
Encompass application through a Trimble application and then finally to the field device.
Trimble has supplied to the City a specification that defines the requisite file format that
can be used to transfer feature data directly from an Encompass application to the field
device and back. This task provides time to develop a direct export/import capability
using the Trimble spec.
Task 7: Data Maintenance Macros
A number of macros for the entry of gas and water laterals were created in FY 2001-
2002 to place meters and service pipe features. These macros were enhanced and new
macros were added in FY 2002-2003 to automatically extend laterals to the closest
unabandoned main pipe when existing mains are abandoned and to add main and
lateral caps. This task provides time for continuing the enhancement process and for
creating new macros to speed the placement of other utility features.
Task 8: AutoCAD Project Setup and DXF Extensions and Support
In FY 2001-2002 CADMasters, the City’s AutoCAD consultant, and Geodesy created
Project Setup, an application to allow users to extract feature data from the GIS for the
purpose of starting AutoCAD-based infrastructure projects with as-built data. Both the
CADMasters Standards environment and the Project Setup application were significantly
enhanced in FY2002-2003.
Now that AutoCAD users can easily extract feature data from the GIS, it is desirable to
provide for the transfer of feature data created or altered in AutoOAD back into the GIS.
Task 8 provides time to design the AutoCAD-to-GIS procedures and to develop software
to automate these procedures where appropriate.
May 19, 2002 Exhibit A Page 3
Task 9: Metes and Bounds Editor
Currently users can precisely define geometry using absolute and relative positions,
bearings and distances, and arc radii. The creation of geometry based on survey or
metes andbounds descriptions (such as parcel boundaries) requires several steps and
intermediate construction lines when curves are required.
This task extends the existing precision input capabilities to include functions such as
tangent curve to the left (or right) to provide smooth graphic construction when the user
is following a legal description or survey plat.
Task 10: Attribute Overlay Update
The City has several feature classes that overlay one another and have implied spatial
relationships. Many of these relationships are represented as attributes of a feature
such as the percentage of a parcel that is zoned R1. Other relationships are defined as
records in an RDBMS join table such as the link between addresses and parcels. An
application that can automatically update these attribute values and the join records will
be created under this task.
For the update of join tables like addresses with parcels, a point-in-polygon approach will
be used. This will add a record to the table for every address that is located inside any
parcel polygon and remove records that are no longer valid.
For overlaid features such as zones over parcels, a percentage of the overlapping area
will be calculated using a polygon intersection approach and the value will be inserted
into the parcel table for each of the overlaid feature sets.
Exhibit B
Estimate for FY 03-04
Task
1
2
3
4
5
6
7
8
9
10
Description
Map Labeling
Alternate RDBMS Support
NetMap and PDA Map Updates
GIS Administrator’s QC Application - Additional Operations
Multi-Jurisdictional Support
Direct Data Transfer To and From Trimble Devices
Data Maintenance Macros
AutoCAD Project Setup Extensions and Support
Metes and Bounds Editor
Attribute Overlay Update
Total:
Hours
8O
4O
120
4O
4O
64
4O
200
56
120
800
Billing rate: $125 per hour
26-June-03
Cost
10,000
5,000
15,000
5,000
5,000
8,000
5,00O
25,000
7,00O
15,000
100,000
Page 1