HomeMy WebLinkAboutUtilities 2012-01-24 Item 2C - Interlocal Agreement - GIS Aerial Photos Funding from King County for $31,915.69City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
UTILITIES COMMITTEE
FROM: Bob Giberson, Public Works Directo
DATE: January 20, 2012
SUBJECT: GIS Aerial Photos
2012 Regional Aerial Mapping Funding Agreement
ISSUE
Approve an interlocal funding agreement with King County for the 2012 Regional Aerial Mapping Project.
BACKGROUND
Detailed, accurate and up to date aerial photos and related GIS data are city -wide resources which aid City staff, Council
Members, Planning Commissioners and the public in analyzing existing conditions and proposed changes such as re- zones,
private development proposals and infrastructure projects. They are used daily in mapping, design work, the NW Maps
application, and public presentations. As the City continues to develop, there is a need for updated information especially
with the recent Tukwila South annexation and projects like the Southcenter Pkwy Extension and TUC Access (Klickitat).
In past years, the City has independently purchased aerial photography and GIS data. In 2000, the City originally purchased
aerial photos and other GIS data (building footprints, edge of pavement, sidewalks, driveways, etc) for a total of
approximately $80,000.00 and, in 2005, we had new photos taken, as well as had our GIS data updated for $34,000.00. In
2009, photos were purchased through King County (without GIS data updates) for approximately $3,000.00.
For 2012 it has been decided to obtain higher quality photos (0.25 ft pixel resolution) as well as update our building
footprints, pavement, and digital elevation models through the E- CityGov Alliance (a consortium of cities for web -based
applications). Early in discussions, the E- CityGov Alliance learned that King County was also interested in a 2012 flight for
aerial photos. In the interest of efficiency and a substantial cost savings, the E- CityGov Alliance made the decision to partner
with King County. Other jurisdictions in the Puget Sound region were contacted and there are now over 45 agencies that are
participating in the 2012 aerial flight. The specifications for the flight and GIS data were approved by all agencies. Council
approval is required for all Interlocal agreements.
ANALYSIS
King County opened 5 bids on January 5, 2012 ranging from $841,554.10 to $1,755,485.92. With the 45 agencies, Tukwila's
share ranges from $9,069.69 to $27,752.77, with the lowest bid from I -Ten. To date, King County has not selected the final
responsive bidder, but requests that the Interlocal be approved with payment by February 29, 2012. The aerial flight must be
completed by April 30, 2012 for optimal results (with "leaf off' tree conditions). Due to these time constraints, we are asking
Council approval for the highest bid with a "not to exceed" total of $31,915.69 (aerial photos /data $27,752.77 15%
contingency of $4,162.92). With five bidders, we believe that this amount will be less, but the budget is sufficient to cover the
highest bid.
Bid Results 2012 Budget
King County Contract Tukwila's portion) $9,069.69 $27,752.77 $35,000.00
RECOMMENDATION
Council is being asked to approve the interlocal funding agreement with King County for the 2012 Regional Aerial Mapping
project in the amount not to exceed $31,915.69 and consider this item at the February 13, 2012 Committee of the Whole
meeting and subsequent February 20, 2012 Regular Meeting.
Attachments: King County Regional Aerial Mapping Funding Agreement
King County Bid Tabulation
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2012 Regional Aerial Mapping Funding Agreement
This Funding Agreement (Agreement) is entered into by and among: the City of
Algona, the City of Auburn, the City of Bainbridge Island, the Bainbridge Island Fire
Department, the Bainbridge Island Land Trust, the Bainbridge Island Metro Park and
Recreation District, the City of Bellevue, the City of Bothell, the City of Bremerton, the
City of Burien, the City of Clyde Hill, the City of Covington, the City of Des Moines, the
City of Enumclaw, the City of Federal Way, the City of Issaquah, the King County Water
District 125, the City of Kenmore, the County of King, the City of Kirkland, the County
of Kitsap, the Kitsap Public Utility District, the Lakehaven Utility District, the City of
Lynnwood, the City of Maple Valley, the City of Medina, the City of Mercer Island, the
Midway Sewer District, the Muckleshoot Tribe, the City of Newcastle, the City of
Normandy Park, the North Kitsap Fire and Rescue, the City of Pacific, the City of
Poulsbo, Puget Sound Energy, the City of Redmond, the City of Renton, the City of
Sammamish, the City of Seattle, the City of Shoreline, the S'Klallam Tribe, the City of
Snoqualmie, the Suquamish Tribe, the City of Tukwila, the Tulalip Tribe, the United
States Geological Survey, the Valley View Sewer District, the West Sound Utility
District, the City of Woodinville, the City of Yarrow Point, and other counties, cities and
governmental service agencies that later join (hereinafter "Party" or Parties
RECITALS
WHEREAS, the Parties to this Agreement consist of a consortium of local governmental
entities, including counties, cities, and governmental services agencies; and
WHEREAS, this funding agreement is authorized by chapter 39.34 RCW, the Interlocal
Cooperation Act, which allows local governmental entities to make efficient use of their
resources by cooperating with each other on a basis of mutual advantage to meet the
needs of local communities; and
WHEREAS, the purpose of this Agreement is to permit the Parties to cooperate on the
funding of a 2012 Regional Aerial Mapping Project (Project); and
WHEREAS, the Project will utilize vendor services for the production of orthoimagery
and related aerial mapping, and include a structure for funding, governance, technical and
administrative management, and quality control /quality assurance (QC /QA) of
deliverables from the selected vendor (Vendor); and
WHEREAS, agencies throughout the Pacific Northwest region regularly engage in joint
operations and provide mutual assistance through effective interagency cooperation.
Jointly funding the Project will optimize the agencies' powers and resources, and ensure
a standardized product for all participants; and
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WHEREAS, this Agreement will provide substantial benefit to the citizens of the
participating governmental agencies;
NOW THEREFORE, it is hereby agreed and covenanted among the undersigned as
follows:
I. PROJECT DESCRIPTION
All Project details, technical specifications, and deliverable descriptions will
appear in the Statement of Work (SOW) to be developed for inclusion in the Invitation to
Bid (ITB). Bid submittals will be reviewed, including reference checks. Any bid failing
to meet all requirements of the SOW will be rejected. All other bids will be considered
accepted and will be ranked based on price. The lowest priced, accepted bid that fully
meets all requirements of the SOW will constitute the contract between King County (as
representative of the signatories of this Agreement), and the Vendor. The primary Project
goal (Standard Deliverables) is 3 -inch, 6 -inch, and 12 -inch resolution orthoimagery, both
natural color and near infrared, as well as stereo models, and supporting data. Project
costs are shared where Areas of Interest (AOIs) overlap, in turn reducing each Party's
financial commitment. A secondary Project goal (Supplemental Deliverables) is ancillary
datasets such as transportation impervious, structure rooflines, other impervious surfaces,
and detailed contours derived from the Standard Deliverables. These costs will be paid
solely by those Parties providing an AOI for these products, discounted for any savings
from overlap among the AOIs.
II. PROJECT MANAGER
King County shall appoint a King County Project Manager (PM) to manage
the Vendor contract on a day -to -day basis. The PM shall report to and make
recommendations to the Project Steering Committee (PSC) on the matters
described in Section III.2 below, and shall be readily accessible via phone and
e -mail by all Parties. The PM shall remain an employee of King County at all
times, and King County shall retain the right and duty to supervise the PM at
all times. King County will assume all personnel costs associated with project
management for the Project.
2. The duties of the PM shall include:
a. Form subcommittees and workgroups as needed by the Project, and as
directed by the PSC, including a Technical Work Group (TWG).
b. In consultation with the TWG, work with, as necessary and as
available, supplemental personnel resources as described in Section V.
c. Prepare a cost allocation model for review and acceptance by the PSC.
Upon acceptance, populate the model with required data to provide
each Party with accurate cost estimates, and a final cost once a bid has
been accepted.
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d. Coordinate with King County Procurement to incorporate the SOW
into an ITB; advertise the ITB; address any bid addendums; and
evaluate, rank, and summarize bid submittals for review by the TWG
and the PSC.
e. Prepare written justification for all bids that are rejected.
f. Manage the Vendor contract on a day -to -day basis and provide
direction and guidance to the Vendor as requested by the PSC.
g. Report to the PSC and the TWG frequently on the Vendor's progress.
h. Account for delivery of all Standard and Supplemental Deliverables,
including a defined, but limited, quality check, and coordinate the
more detailed QC /QA reviews to be performed by the TWG.
i. Submit Vendor change order requests to the TWG and the PSC for
evaluation and determination of response.
j. Submit Vendor invoices to the PSC and direct payment of such
invoices by the Fiscal Agent upon approval of the invoice by the PSC.
The PM will provide staff support for and participate in PSC meetings, but
shall not be a voting member of the PSC.
III. PROJECT STEERING COMMITTEE
A Project Steering Committee (PSC) shall be formed and shall consist of one
voting representative from each Party that is a signatory to this Agreement.
The TWG will provide one voting representative to the PSC. The PM, as a
non voting member of the PSC, will provide coordination among the PSC, the
TWG, and the Vendor. The King County GIS Manager, as the King County
representative, will serve as the Chair of the PSC.
2. The PSC shall direct the PM on all substantive decisions concerning the work
and shall review and take final action on the following specific items:
a. Approve the Project methodology and calculations for cost allocation
developed by the PM.
b. Approve the SOW jointly developed by the TWG and the PM prior to
issuance of the ITB. The SOW will include a schedule for completion
of the entire Project.
c. Review and approve joint recommendations by the PM and the TWG
on the lowest -cost bid submittal that meets all requirements of the
SOW.
d. Determine a contingency percentage to be applied to the cost
allocation model in addition to the Vendor contract price as set forth in
Section VII.2.
e. Receive reports from the PM for management of the Vendor contract
and deliverables.
f. Approve the Quality Control /Quality Assurance (QC /QA) Plan
developed jointly by the PM and the TWG. Review and approve
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QC /QA results developed and submitted jointly by the PM and the
TWG, including rejected deliverables and a timeline for redelivery.
g. Evaluate and provide direction to the PM regarding change order
requests whether initiated by the Vendor or by a member or members
of the PSC.
h. Authorize Vendor payments as submitted by the PM.
i. Develop administrative policies necessary for proper functioning of
the PSC, and provide direction for the TWG and other ad hoc groups
as may be necessary.
3. Each representative of the PSC may appoint an alternate representative who
shall be empowered to act on behalf of the primary representative.
4. The PSC will make decisions by consensus. However, if consensus cannot be
reached, any PSC member may call for a vote. Matters must be approved
either by a simple majority of all members present at a meeting, or if the
matter is proposed by email in accordance with Section III.5, by a simple
majority of the PSC members.
5. Meetings of the PSC shall be held on an as- needed basis. Meetings may be
scheduled at the request of the Chair of the PSC, the PM, or by a majority of
the PSC members. The Chair shall be responsible for the logistics of
scheduling PSC meetings. Attendance may be in person or via
teleconferencing. When required, voting by email will be acceptable.
IV. TECHNICAL WORK GROUP
1. The responsibilities of the Technical Work Group (TWG) shall include:
a. Create a SOW for the Project and submit the SOW to the PSC for its
approval.
b. Review bid(s) ranked by the PM and provide a recommendation to the
PSC on ranked bid(s), if any.
c. Perform necessary QC /QA for Project deliverables and report results
to the PM for communication to the Vendor.
d. Execute any other tasks as may be required by the PSC.
2. The TWG will provide one voting representative to the PSC.
3. The TWG shall consist of one voting representative from each Party that is a
signatory to this Agreement. A Party's PSC representative may also represent
the Party on the TWG.
4. The TWG will make decisions by consensus. However, if consensus cannot
be reached, any TWG member may call for a vote. Matters must be approved
either by a simple majority of all members present at a meeting, or if the
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matter is proposed by email in accordance with Section IV.5, by a simple
majority of the TWG members.
5. Meetings of the TWG shall be held on an as- needed basis. Meetings may be
scheduled at the request of the chair of the PSC, the PM, or by a majority of
the TWG members. The PM shall be responsible for the logistics of
scheduling TWG meetings. Attendance may be in person or via
teleconferencing. When required, voting by email will be acceptable.
V. SUPPLEMENTAL RESOURCES
1. The PM, in consultation with the TWG, may work with, as necessary and as
available, supplemental resources with demonstrated technical expertise
related to the project. Contemplated supplemental resources include a
registered photogrammetrist (or equivalent expertise); and supplemental
project management with proven production and regional project experience.
2. Supplemental resources, when provided, will be beneficial to the project
participants. All project costs associated with a registered photogrammetrist
(or equivalent expertise) shall be borne by King County; and all supplemental
project management costs shall be borne by the Party providing the support.
VI. FISCAL AGENT
King County, acting as fiscal agent for the Project, shall:
a. Enter into a Vendor contract.
b. Validate the cost for each Party.
c. Invoice each Party in accordance with this Agreement.
d. Maintain Project funds in the King County Imagery Reserve, a
separate, non interest bearing fund managed by King County GIS
Fund 5481, to be disbursed as provided in this Agreement.
e. Pay Vendor invoices approved by the PSC.
f. Refund excess funds, if necessary.
2. King County shall perform and maintain an accounting of payments received
from all Parties including: billings received from the Vendor, payments made
to the Vendor, and unspent funds. King County shall provide a statement of
this accounting to all Parties in email or writing quarterly or upon written
(including e-mail) request.
3. Upon receipt of a notice of any record keeping dispute, King County shall
notify all Parties and meet jointly with all interested PSC members within two
(2) weeks to resolve any record keeping dispute.
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VII. CONTRIBUTIONS BY PARTIES
1. By executing Counterparts, Section XIX of this Agreement, each Party agrees
to pay its required monetary contribution, as stated on the signature page, for
all Standard and Supplemental Deliverables for its AOI.
2. The actual contribution for each Party (exclusive of grant funds) shall be
calculated once the Vendor contract price is set, using the cost allocation
model set forth below, which will include a contingency percentage to be
determined by the PSC. Cost allocation model for Standard Deliverables
(imagery and supporting data): Each Party's funding commitment will be
factored as the cost per full 3000 -ft x 3000 -ft tile (Tile) that intersects its AOI,
discounting for significant areas of water. For Tiles where AOIs overlap, the
cost will be prorated equally among the affected Parties. Cost allocation
model for Supplemental Deliverables: Each Party's commitment will be
factored as the deliverable unit cost times the area of the Party's AOI for that
deliverable. Where AOIs overlap for the same deliverable, the cost will be
prorated equally among the affected Parties. It is the sole responsibility of any
affected Party to define the SOW requirements for its Supplemental
Deliverables and to pay full costs, if not prorated with another Party.
3. By signing this Agreement, each Party commits to paying its full contribution
to the King County Imagery Reserve Fund by 4 p.m., January 31, 2012. Any
qualifications to this commitment will be stated in Counterparts, Section XIX,
for that Party. An invoice will be generated for each Party.
4. All payments to the King County Imagery Reserve Fund shall be made by
check payable to King County Finance, and sent to King County GIS, 201 S
Jackson St, Suite 706, Seattle, WA 98104, Attn: Katy Cressey.
5. By signing this Agreement each Party is committing to license the primary
Standard Deliverables (orthoimagery and supporting data) for its AOI
resulting from this Project. Default licensing terms will apply unless Party
specific licensing terms are included in the SOW. Each Party requiring
licensing language different than the default will provide such language for
inclusion in the SOW. In contrast, Supplemental Deliverables will be
purchased (owned outright) by each Party committing to this Agreement.
6. Except for a contingency amount, as determined by the PSC, King County
shall not collect funds in excess of the Vendor contract price unless the
contract price has been amended with a PSC- approved change order. All
funds collected by King County shall be used solely to pay the Vendor for
work completed under the Vendor contract. King County shall not collect,
receive or retain any of these funds for project management, administrative
fees, or other actions it performs under this Agreement. Should there be an
excess of funds, King County will refund any excess if greater than $10, and if
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the affected Party specifically requests the refund. Any excess not refunded
shall remain in the Imagery Reserve Fund for use in subsequent regional
imagery acquisitions, until this Agreement (or as amended) expires, at which
time all remaining funds will be refunded to the affected Parties.
7. If a Party's contribution is made up in whole or in part of grant funds, the
Party agrees to provide King County with a copy of the contract between itself
and the grant funding agency in order to assist King County and the PSC in
complying with the requirements of any such grant. The grant contract shall
be provided as soon as possible after committing to this Agreement, and no
later than when the Party deposits its funds with King County.
8. In addition to the fiscal commitment for funding the Standard Deliverables
and optional Supplemental Deliverables, Parties may, but are not required to,
contribute as follows:
a. Participate as a member or alternate to the PSC.
b. Participate as a member of the TWG or other committee. This may
include assisting in establishing ground control, developing
specifications for Supplemental Deliverables required by the Party,
and developing QC /QA procedures for Standard and Supplemental
Deliverables required by the Party.
c. Perform all detailed QC /QA of Standard and Supplemental
Deliverables (if any) for its AOI using a TWG defined plan and
schedule. (The PM will perform limited, baseline assessment of the
Standard Deliverables only).
VIII. ADDITION OF PARTIES
1. An entity may be added to this Agreement as long as the entity signs this
Agreement by 4 p.m. December 2, 2011, or by 4 p.m. on the fourteenth (14th)
day after the PSC selects a winning bidder, if after December 2 2011.
2. A Party added to this Agreement shall make full payment to the King County
Imagery Reserve Fund by 4 p.m. January 31, 2012. A Party may contribute its
share from its budget for either FY 2011 or FY 2012.
3. Any entity who wishes to participate in the Agreement after the date
established in VIII.1 may become a Party by contributing the required funds
to the King County Image Reserve Fund. This contribution will be the full
cost (not prorated if shared by other Parties) of a Tile, if a Standard
Deliverable, or the applied unit cost, if a Supplemental Deliverable. Any funds
due to a Party, whose cost would have otherwise been prorated due to the
additional Party, will be managed per Section VII.6.
IX. INDEPENDENT CONTRACTOR
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The services provided by King County under this Agreement are those of an
independent contractor. Employees of King County are and will remain employees of
King County. Employees of the other Parties are and will remain employees of their
respective Parties. Nothing in this Agreement shall be construed to render the Parties
partners or joint venturers.
X. INDEMNIFICATION
Each Party shall defend, protect and hold harmless the other Parties from and
against all claims, suits and/or other actions arising from any negligent or intentional act
or omission of that Parry's employees, agents and/or authorized subcontractor(s) while
performing this Agreement.
XI. AMENDMENT
The Parties may amend this Agreement. Such amendments shall not be binding
unless in writing and signed by personnel authorized to bind each of the Parties.
XII. CHOICE OF LAW AND VENUE
This Agreement shall be governed by the laws of the State of Washington, both as
to interpretation and performance. Any action at law, suit in equity or other judicial
proceeding for the enforcement of this Agreement shall be instituted only in a court of
competent jurisdiction in King County.
XIII. INTEGRATION CLAUSE
This instrument embodies the entire agreement of the Parties with respect to
funding of the Vendor contract. There are no promises, terms, conditions or obligations
other than those contained in this Agreement. This Agreement supersedes all previous
communications, representations or agreements, either oral or written, between any Party
and King County.
XIV. TERMINATION CLAUSE
In the event that King County decides not to hire a Vendor, this Agreement will
terminate and all Parties will receive a full refund of their contributed funds.
XV. NO ASSIGNMENT
The Parties shall not subcontract, assign, or delegate any of their rights, duties or
obligations under this Agreement without the express prior written approval of King
County.
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XVI. DISPUTES
In the event that a dispute arises under this Agreement, the Parties shall endeavor
to resolve the dispute in an amicable manner by direct discussions. The Parties may
elevate the dispute to the PSC for resolution. If not resolved by the PSC by mutual
agreement, then the Parties may engage in alternative dispute resolution by mutual
agreement. No party waives its rights to seek legal remedy in the jurisdiction and venue
stated in Section XII.
XVII. NOTICES
All notices and other communications shall be given to the PM and all notices and
other communications to the other Parties shall be given to the PSC member for each
Party. Notices shall be given in writing and shall be sufficiently given and shall be
deemed given three (3) calendar days after the date by which the same has been (a)
mailed by certified mail, return receipt requested, postage prepaid, to the mailing address
shown adjacent to the signatures of the Party to whom it is addressed or (b) sent by email,
with adequate proof of receipt retained by the sender, to the email address shown
adjacent to the signatures of the Party to whom it is addressed. Any of the Parties may,
by notice to all other Parties, designate any further or different addresses to which
subsequent notices or other communications shall be sent.
XVIII. EFFECTIVE DATE; TERM
Notwithstanding when this Agreement is signed, this Agreement shall take effect
following its execution by each Party and shall expire at the end of 2014 unless
terminated sooner. This Agreement may be amended to allow it to be used for subsequent
coordinated data collection efforts, including, but not limited to, future orthoimagery
acquisitions.
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XIX. COUNTERPARTS
Comment: Each Party will be provided with its unique COUNTERPARTS page. Besides
the signature block this page will contain:
a. Cost generated by Cost Allocation Models for Standard
Deliverables and Supplemental Deliverables, as well as the total of
these two costs.
b. Specific terms of payment for those Parties with requirements for
meeting its financial contribution in a different manner than stated
in the main body of the Agreement. For example: (as requested by
Issaquah)
This Agreement may be signed in several counterparts, each of which shall be an
original, but all of which together shall constitute the same instrument.
The Funding Commitment information from each Party will be summarized in a report
distributed to all members of the PSC.
Name of Party 1. Funding
2. Funding
Funding
Commitment:
Commitment:
Commitment:
Standard
Supplemental
TOTAL
Deliverables
Deliverables
(imagery)
Enter name of Party>
$1+2
Terms of payment for: City of Issaquah (Issaquah)
1. In lieu of payment into the King County Imagery Reserve Fund as outlined in
Section VII.3 of this agreement, Issaquah agrees to pay <enter Funding
Commitment. TOTAL> towards the project flight costs as its full contribution for
the Standard and Supplemental Deliverables requested by Issaquah. King County
shall generate an invoice for Issaquah's contribution no later than June 1, 2012.
The invoice description shall state that the required payment is Issaquah's full
contribution towards the overall project cost, including all Standard and
Supplemental Deliverables for Issaquah, with all other project costs to be paid by
other Parties.
2. If the aerial flight does not occur by the end of the flight window date stated in the
project Statement of Work, Issaquah reserves the right to cancel this Agreement
due to non availability of funding after June 30, 2012. A commitment by
Issaquah to participate in a potential deferred project in 2013 would be made by
December 15, 2012.
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Party By
Name Name
Title Title
Address Address
Date Date
Project Steering Committee Representative:
Name
E -Mail
Phone
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