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R-1223 - 01/22/2013 - GIS - Resolutions Supporting DocumentsITEM 10.11.3) 90-H JRU AGENDA ITEM Regular Board of Trustees Meeting of January 22, 2013 SUBJECT: Contract Award - Aerial Mapping Services - Ayres Associates, Inc. FROM: Blaine Wing, Assistant Village Manager, Michael Hullihan, Engineering & Public Works Director, and Jim Fox, Assistant Information Technology Director BUDGET SOURCE/BUDGET IMPACT: $28,789 - Infrastructure Fund, Geographic Information Systems Program - #152 -76950 RECOMMENDED MOTION: I move that the Village Board waive bidding, since the competitive selection process has already been conducted by the GIS Consortium, and approve a Professional Services Agreement for 2013 Aerial Mapping Services with Ayres Associates, Inc., Madison, Wisconsin, in the total amount of $28,789 pending final staff and attorney review. Background/History: The Village Board approved membership in the GIS Consortium at its meeting of February 10, 2009. The Village's 2013 Budget for GIS includes a line item in the amount of $28,789 for Mapping Services. The attached Agreement with Ayres Associates includes pricing and terms negotiated by the GIS Consortium and MGP (consultant and staffing source for Consortium members) for aerial mapping services. Our mapping costs are spread over several years. Primarily for cash -flow purposes, the mapping products that are planned for the years 2009 — 2017 are as follows: 2009 — "Completed" (Project Cost $52,733) • Map (not a picture) of all ground features for the northern half of the including roads, bridges, buildings and rivers. (Continued on back) ad An 2010 — "Completed" (Project Cost $60,493) • Map of ground features for the southern half of the Village. • Orthophotography (color picture) for the entire Village — 3 in. resolution and 6 in. accuracy. 2011— "Completed" (Project Cost $35,075) • LiDAR surface of entire village — 1 foot contours, 6 inch vertical accuracy, 1.6 foot horizontal accuracy. LiDAR is an acronym for "light detection and ranging." In the mapping industry, this term is used to describe an airborne laser profiling system that produces location and elevation data to define the surface of the earth and the heights of above - ground features. LiDAR systems use the near - infrared portion of the electro- magnetic light spectrum to collect data night or day, in shadow, and beneath clouds. Using semi - automated techniques the "raw" LiDAR data is processed to generate a number of useful end products, including an accurate "bare- earth" terrain model in which trees, vegetation, and manmade structures have been edited out. LiDAR can be used for impervious surface analysis and change detection when multiple years are available. 2012 — "Completed" (Project Cost $29,740) • Map update for % of village for all ground features for areas to be determined including roads, bridges, buildings and rivers. 2013 — Planned Request (Estimated Cost $28,789) • Map update for entire village for all ground features for areas to be determined including roads, bridges, buildings and rivers. 2014 — Planned Request (Estimated Cost $0) • No planned data deliveries; however this can change depending on needs, etc. 2015 -- Planned Request (Estimated Cost $23,622) • Capture high resolution, 6 inch vertical accuracy digital aerial photo of the entire Village. 2016 -- Planned Request (Estimated Cost $28,789) • Map update of the entire of village for all ground features for areas to be determined including roads, bridges, buildings and rivers. 2017 — Planned Request (Estimated Cost $0) • No planned data deliveries; however this can change depending on needs, etc. Costs for mapping services for years 2012 — 2017 have been estimated and are contained in the Village's Five -Year Financial Plan for GIS. The proposed Agreement has been reviewed by our Village Attorney and staff. The data that will be generated out of these aerial fly -bys will allow for accurate placement of signs, roads, bridges, etc. With accurate data staff and the Village Board will be able to make informed recommendations and decisions. Recommendation: Staff recommends that the Village Board approves the attached agreement for Professional Services with Ayres Associates for Aerial Mapping Services pending final staff and attorney review. RESOLUTION 2013 - GIS- AG -EX1 -R -1223 A RESOLUTION APPROVING THE WAIVER OF COMPETITIVE BIDDING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE VILLAGE OF OAK BROOK AND AYRES ASSOCIATES, INC. TO UPDATE THE VILLAGE'S PLANIMETRIC MAPPING DATABASE WHEREAS, the Village is a member of the GIS Consortium ( "Consortium "), an organization comprised of municipalities in northeastern Illinois, which Consortium shares the cost of establishing a regional Geographic Information Systems program ( "Program "); and WHEREAS, on behalf of its members, the Consortium selected Ayres Associates, Inc. ( "Ayres "), through a competitive process for the provision of aerial mapping services; and WHEREAS, in 2012, the Village retained Ayres to provide aerial mapping services; and WHEREAS, the Village was satisfied with the aerial mapping services provided by Ayres; and WHEREAS, the Village desires Ayres to use the aerial photography it took in 2012 to provide the Village with an update to the Village's planimetric mapping database ( "Services "); and WHEREAS, the President and Board of Trustees, being fully advised in the premises, have determined that it is in the best interests of the Village and its residents to so waive competitive bidding and to approve the Agreement for the Services; NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook. Section 2: Waiver of Competitive Bidding Requirements. The advertising and bidding requirements for the purchase of the Services shall be, and they are hereby, waived in accordance with Section 1 -7-4 of the Village Code. Section 3: Approval of Purchase of Planimetric Mapping Services. The purchase of Services from Ayres for a cost not to exceed $28,789.00 shall be, and is hereby, approved. Section 4: Approval of the Agreement. The President and Board of Trustees hereby approve the Agreement by and between the Village and Ayres in substantially the same form as attached as Exhibit A and in a final form approved by the Village Attorney. Section 5: Execution of Agreement. The Village President and the Village Clerk shall be, and are hereby, authorized to execute the final Agreement on behalf of the Village. Section 6: Effective Date. This Resolution shall be in full force and effect from and after its passage by two- thirds of the Trustees and its approval in the manner provided by law. [SIGNATURE PAGE FOLLOWS] Ayes: APPROVED THIS 22nd day of January, 2013 Gopal G. Lalmalani Village President PASSED THIS 22nd day of January, 2013 ATTEST: Charlotte K. Pruss Village Clerk Resolution 2013- GIS- AG -EXI -R -1224 Agmt. w /Ayres Assoc. re: Planimetric Mapping Page 2 of 3 Resolution 2013- GIS- AG -EXI -R -1224 Agmt. w /Ayres Assoc. re: Planimetric Mapping Page 3 of 3 EXHIBIT A AGREEMENT FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT made between the Village of Oak Brook, Illinois (OWNER) and Ayres Associates Inc, 1802 Pankratz Street, Madison, Wisconsin 53704 (CONSULTANT). OWNER intends to retain the CONSULTANT to perform updates to planimetric mapping. OWNER and CONSULTANT agree to performance of professional services by CONSULTANT and payment for those services by OWNER as set forth below. ARTICLE 1 - BASIC SERVICES CONSULTANT shall provide professional services for OWNER on the Project to which this Agreement applies, including customary services incidental thereto, and as indicated in Attachment A. ARTICLE 2 - ADDITIONAL SERVICES If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional Services not included as part of Basic Services. These services will be paid for by OWNER as indicated in Article 5 and Attachment C. ARTICLE 3 - OWNER'S RESPONSIBILITIES OWNER shall do the following in a timely manner so as not to delay the services of CONSULTANT: 3.1 Designate in writing a person to act as OWNER's representative. 3.2 Provide all criteria and full information as to OWNER's requirements. 3.3 Place at CONSULTANT's disposal all available pertinent information, upon which the CONSULTANT can rely. ARTICLE 4 - PERIODS OF SERVICE The provisions of this Article 4 and the compensation for CONSULTANT's services have been agreed to in anticipation of the orderly and continuous progress of the Project. In Attachment B specific periods of time for rendering services are set forth or specific dates by which services are to be completed are provided; if such dates are exceeded through no fault of CONSULTANT, compensation provided herein may be subject to equitable adjustment. ARTICLE 5 - PAYMENTS Page 1 of 14 5.1 Methods of Payments for Services and Expenses 5.1.1 OWNER shall pay CONSULTANT for Basic Services and Additional Services rendered (as amended and supplemented by Attachment A) and for Reimbursable Expenses in accordance with Attachment C. 5.2 Times of Payments 5.2.1 CONSULTANT shall submit monthly written invoices for Basic and Additional Services rendered. The OWNER shall make any payment due CONSULTANT per the Local Government Prompt Payment Act (50 ILCS 505/1 et seq.). 5.2.2 The CONSULTANT will submit monthly invoices to the OWNER based on the percent complete of the contracted work. 5.3 Other Provisions Concerning Payments 5.3.1 In the event of termination by OWNER, CONSULTANT will be reimbursed for all charges and services rendered as authorized by the OWNER for services rendered up to the time of cancellation. 5.3.2 Records pertinent to CONSULTANT's compensation will be kept in accordance with generally accepted accounting practices. 5.4 Definitions 5.4.1 Direct Labor Costs used as basis for payment means salaries and wages (basic and incentive) paid to all CONSULTANT's personnel engaged directly on the Project, but does not include indirect payroll related costs. ARTICLE 6 - GENERAL CONSIDERATIONS 6.1 Reuse of Documents OWNER intends to use the services and documents provided under this agreement for Village purposes, including but not limited to, public works, utility, and community development projects. Any reuse of the services and documents provided under this agreement for non - Village purposes will be at the owners sole risk. 6.2 Controlling Law This Agreement is to be governed by the law of the State of Illinois. 6.3 Copyright Assignment Page 2 of 14 The CONSULTANT assigns copyright to the OWNER for all deliverable products produced under this contract. The CONSULTANT agrees that the products shall not be made available to nor used to prepare additional products for any individual or organization at any time without prior written approval by the OWNER. 6.4 Representations of CONSULTANT CONSULTANT represents and certifies that the services and the deliverable products shall be performed, prepared, and provided in accordance with the standards of professional practice, care, and diligence practiced by recognized consultants in performing services of a similar nature in existence at the time of performance and delivery. The representations and certifications expressed shall be in addition to any other representations and certifications expressed in this agreement, or expressed or implied by law, which are hereby reserved unto OWNER. CONSULTANT further represents that it is financially solvent, has the necessary financial resources, and is sufficiently experienced and competent to perform and complete the services and provide the deliverable products in a manner consistent with the standards of professional practice by recognized consultants providing services of a similar nature. CONSULTANT shall provide all personnel necessary to complete the services. 6.5 Indemnification CONSULTANT proposes and agrees that CONSULTANT shall indemnify and save harmless OWNER against all damages, liability, claims, losses, and expenses (including attorneys' fee) that may arise, or be alleged to have arisen, out of or in connection with CONSULTANT's performance of, or failure to perform, the services or any part thereof, or any failure to meet the representations and certifications set forth in Section 6 of this Agreement. 6.6 Insurance CONSULTANT acknowledges and agrees that Consultant shall, and has a duty to, maintain adequate insurance, in an amount, and in a form and from companies, acceptable to OWNER. CONSULTANT's maintenance of adequate insurance shall not be construed in any way as a limitation on CONSULTANT's liability for losses or damages under this agreement. 6.7 No Personal Liability No elected or appointed official, or employee of OWNER shall be personally liable, in law or in contract, to CONSULTANT as the result of the execution of this agreement. 6.8 Relationship of the Parties CONSULTANT shall act as an independent contractor in providing and performing the services. Nothing in, nor done pursuant to, this agreement shall be construed to: (1) create the relationship of principal and agent, employer and employee, partners, or joint venturers between Page 3 of 14 OWNER and CONSULTANT; or (2) to create any relationship between OWNER and any subcontractor of CONSULTANT. 6.9 Conflicts of Interest CONSULTANT represents and certifies that, to the best of its knowledge: (1) no OWNER employee or agent is interested in the business of CONSULTANT or this agreement; (2) as of the date of this agreement, neither CONSULTANT nor any person employed or associated with CONSULTANT has any interest that would conflict in any manner or degree with the performance of the obligations under this agreement; and (3) neither CONSULTANT nor any person employed by or associated with CONSULTANT shall at any time during the term of this agreement obtain or acquire any interest that would conflict in any manner or degree with the performance of the obligations under this agreement. 6.10 No Collusion CONSULTANT represents and certifies that CONSULTANT is not barred from contracting with a unit of state or local government as a result of (1) a delinquency in the payment of any tax administered by the Illinois Department of Revenue unless CONSULTANT is contesting, in accordance with the procedures established by the appropriate revenue act, its liability for the tax or the amount of the tax, as set forth in Section 11- 42.1 -1 et seq. of the Illinois Municipal Code, 65 ILCS 5/11- 42.1 -1 et seq.; or (2) a violation of either Section 33E -3 or Section 33E-4 of Article 33E of the Criminal Code of 1961, 720 ILCS 5/33E -1 et seq. If at any time it shall be found that CONSULTANT has, in procuring this agreement, colluded with any other person, firm, or corporation, then CONSULTANT shall be liable to OWNER for all loss or damage that OWNER may suffer, and this agreement shall, at OWNER's option, be null and void. 6.11 Compliance with Laws and Grants CONSULTANT shall give all notices, pay all fees, and take all other action that may be necessary to ensure that the services are provided, performed, and completed in accordance with all required governmental permits, licenses, or other approvals and authorizations that may be required in connection with providing, performing, and completing the services, and with all applicable statutes, ordinances, rules, and regulations, including without limitation the Fair Labor Standards Act; any statutes regarding qualification to do business; any statutes prohibiting discrimination because of, or requiring affirmative action based on, race, creed, color, national origin, age, sex, or other prohibited classification, including, without limitation, the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., and the Illinois Human Rights Act, 775 ILCS 5/1 -101 et seq. Every provision of law required by law to be inserted into this Contract shall be deemed to be inserted herein. 6.12 Default If it should appear at any time that CONSULTANT has failed or refused to prosecute, or has delayed in the prosecution of, the services with diligence at a rate that assures completion of the services in full compliance with the requirements of this agreement, or has otherwise failed, refused, or delayed to perform or satisfy the services or any other requirement of this agreement ( "Event of Default'j, and fails to cure any such Event of Default within ten business days after Page 4 of 14 CONSULTANT's receipt of written notice of such Event of Default from OWNER, then OWNER shall have the right, without prejudice to any other remedies provided by law or equity, to (1) terminate this agreement without liability for further payment; or (2) withhold from any payment or recover from CONSULTANT, any and all costs, including attorneys' fees and administrative expenses, incurred by OWNER as the result of any Event of Default by CONSULTANT or as a result of actions taken by OWNER in response to any Event of Default by CONSULTANT. 6.13 Assignment This agreement may not be assigned by OWNER or by CONSULTANT without the prior written consent of the other party. 6.14 Third Party Beneficiary No claim as a third party beneficiary under this agreement by any person, firm, or corporation shall be made or be valid against OWNER. ARTICLE 7 - EXHIBITS AND SCHEDULES 7.1 The following Exhibits are attached to and made a part of this Agreement. 7. 1.1 Attachment A -Scope of Services 7.1.2 Attachment B - Periods of Service 7.1.3 Attachment C - Compensation and Payments 7.1.4 Attachment D - Project Area Map 7.1.5 Attachment E - Planimetric Features List 7.2 This Agreement (consisting of pages 1 to 14), together with the Exhibits and Schedules identified above, constitute the entire agreement between OWNER and CONSULTANT and supersede all prior written or oral understandings. This Agreement and said Exhibits may only be amended, supplemented, modified or canceled by a duly executed written instrument. Page 5 of 14 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first written above. Village of Oak Brook, Illinois Ayres Associates Inc OWNER CONSULTANT (Signature) (Printed Name) Kirk Contrucci (Title) (Date) Page 6 of 14 Vice President ATTACHMENT A - SCOPE OF SERVICES Agreement dated BASIC SERVICES 1.1 General OWNER CONSULTANT Initials: 1.1.1 CONSULTANT shall provide professional services for OWNER as hereinafter provided. 1.2 Photogrammetric Services After written authorization to proceed, CONSULTANT shall: 1.2.1 Update planimetric mapping for the entire Village, approximately 5760 acres (36 quarter section equivalents), using aerial photography and acquired in spring 2012 and completed analytical aerotriangulation. Updates to the planimetric features will include items listed on Attachment E. Planimetric mapping will be consistent with 1" = 50' scale standard map features. 1.2.2 Topologically structure the planimetric data and deliver as ESRI geodatabase. 1.2.3 Deliverable products will include: • Digital planimetric mapping in ESRI geodatabase format • FGDC compliant metadata Page 7 of 14 ADDITIONAL SERVICES 2.1 Services Requiring Authorization in Advance If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional Services as hereinafter provided. These services are not included as part of Basic Services and will be paid for by OWNER as indicated in Article 5 and Attachment C. 2.1.1 Services to investigate existing conditions or facilities or to verify the accuracy of information furnished by OWNER. 2.1.2 Services resulting from significant changes in the general scope, extent or character of the Project. 2.1.3 Furnishing services of independent professional associates and consultants for other than Basic Services. 2.1.4 Preparing to serve or serving as a consultant or witness for OWNER in any litigation, arbitration or other legal or administrative proceeding involving the Project. 2.1.5 Additional services in connection with the Project, including services which are to be furnished by OWNER, and services not otherwise provided for in this Agreement. OWNER'S RESPONSIBILITIES In addition to the OWNER's responsibilities listed in Article 3, OWNER shall do the following in a timely manner so as not to delay the services of CONSULTANT: 3.4 Furnish to CONSULTANT, as required for performance of CONSULTANT's Basic Services, the following, all of which CONSULTANT may use and rely upon in performing services under this Agreement. 3.5 Other special data or consultations not covered under BASIC SERVICES and ADDITIONAL SERVICES. 3.6 To the extent allowed by law, arrange for access to and make all provisions for CONSULTANT to enter upon public and private property as required for CONSULTANT to perform services under this Agreement. 3.7 Give prompt written notice to CONSULTANT whenever OWNER observes or otherwise becomes aware of any development that affects the scope or timing of CONSULTANT's services. 3.8 Furnish, or direct CONSULTANT to provide, Additional Services as stipulated in paragraph 2.1 of this Agreement or other services as required. 3.9 Bear all costs incident to compliance with the requirements of Article 3, as amended and Page 8 of 14 supplemented by Attachments A and C. 3.10 OWNER has designated the following representative to serve as the Quality Assurance /Quality Control for the project: Thomas Thomey; MGP, Inc.; 701 Lee Street; Suite 1020; Des Plaines, IL 60016; Phone: (847) 656 -5698. CONSULTANT will deliver Preliminary Orthophotography Product to the above designee. 3.11 OWNER will provide CONSULTANT with boundaries for the aerial photography coverage and specific mapping boundaries prior to aerial photo acquisition. OWNER does not represent the accuracy of the mapping boundaries. 3.12 Prior to commencement of mapping, OWNER will provide CONSULTANT with the most current ESRI Geodatabase which includes the existing Planimetric and Digital Terrain Model (DTM). The Geodatabase shall reflect the most current feature geometry and attribution. Page 9 of 14 ATTACHMENT B - PERIODS OF SERVICE Initials: Agreement dated OWNER CONSULTANT 4.1 Provisions of Article 4 are hereinafter amended and supplemented as follows: 4.2 The services called for in Attachment A - Scope of Services will be completed and submitted as follows: 4.2.1 Preliminary deliverable. CONSULTANT will deliver the preliminary mapping products to OWNER by November 1, 2013, provided that the CONSULTANT receives the existing DTM data in Geodatabase format from OWNER, as stated in paragraph 3.13, Attachment A, by March 15, 2013. Delay in the Geodatabase delivery from OWNER to CONSULTANT will result in equivalent delay for delivery to OWNER. 4.2.2 QA/QC Review. OWNER, or the designee as stated in paragraph 3.11 Attachment A, will review the preliminary mapping products and compile suggestions for modification and adjustment and submit review to CONSULTANT within 15 calendar days of receipt of preliminary mapping. 4.2.3 Final Deliverable. CONSULTANT will make final delivery of the mapping products (all deliverables) within 15 calendar days of receipt of the QA/QC Review from OWNER, or the designee as stated in paragraph 3.11 Attachment A. 4.3 CONSULTANT's services under this Agreement shall be considered complete at the earlier of (1) the date when the submissions have been accepted by OWNER or (2) thirty days after the date when such submissions are delivered to OWNER. 4.4 If OWNER has requested significant modifications or changes in the general scope, extent or character of the Project, the time of performance of CONSULTANT's services shall be adjusted equitably. 4.5 If CONSULTANT's services for the Project are delayed or suspended in whole or in part by OWNER for more than three months for reasons beyond CONSULTANT's control, CONSULTANT shall on written demand to OWNER (but without termination of this Agreement) be paid as provided in paragraph 5.3.1. Page 10 of 14 ATTACHMENT C - COMPENSATION AND PAYMENTS Initials: Agreement dated OWNER CONSULTANT 5.1 Methods of Payments for Services and Expenses 5.1.1 Basic Services. OWNER shall pay CONSULTANT for Basic Services rendered as follows: For services outlined above, OWNER shall pay CONSULTANT a lump sum fee of $28,789.00. The lump sum fee includes all applicable federal, state, and Village taxes of every kind and nature applicable to the Basic Services as well as all taxes, contributions, and premiums for unemployment insurance, old age or retirement benefits, pensions, annuities, or similar benefits and all costs, royalties, and fees arising from the use of, or the incorporation into, the Service and all deliverable products. All claim or right to claim additional compensation by reason of the payment of any such tax, contribution, premium, costs, royalties, or fees is hereby waived and released by CONSULTANT. Page 11 of 14 Attachment E — Planimetric Features List Page 13 of 14 FeahreClas sbTme Fea4TeClass SLTme Pritp POLY Path POLY U4 n 8ndp-A- a9REhvaar FOluT Paved Pe*Ekva FUNT Ugavei PCdY Paves Aaa FQLY Uriry Cwb-L dE IJfknwr Rurnag Road E sk Par Dock pwkiNswk R&Rc4 L#JE Urkr- RoatFiat Abandoned ParkiVFw Opuaft D&3(11 y?CLY R Ama-MY urkrawn Uakrmrn Pub& Park Partaiolstasaen PrwgaPat Fullob"ton wconae uncawcasnxtim WtxanaNat" &ea PMY) Farm Prgerre Dweaw p(LY UNrrarrn Rawenuz Sa Mdea POLY V*mmn Paved GdtG.__. Urraved GofTea G!, Caatas 'UI LNE Ubtum $sssbaNFeld IrdexDeRess+m Terms Cout IRerediae Da'rtga FolbaUL d Itdex scs fr# irdear¢ Cana GJ Cadoa_ _SRr au RMI'#i P13AM" GIY DTb1 HaEffim3k' _ME SkaaPat GW DDA SAS lv LANE Ratd CetaeaTne 3P1E U[Jrmrvrz GiSC DTM MauFlort POINT Paved Hyde! LNE uakr r Uarwvad Pte= Rvw Rad_PcLy U?krmrr Strmm Paved Rae &r U�gared take &ndp Wetard SbMedu hydrdg -POLY Urktmr.. RaOaadCmesit; Pad Sdmak POLY Uaktwwn Rver Paved Summ Unkavei Like Tmauel FOLY Watand Urpvart#tm_POLY Uakm rro Meman POLY Utkrm r iandb Road Pacd ^vuaq Raadunl" WaE_iNE Wkr WCBL ers tNE &4e Mscsft a:a PDNT R9a-V Nismamtmim- POLY D'vktav Patkg_POLY Urknmm Fmevanft Paved SeawaC Page 14 of 14 #12135528_x2