aerial imagery and lidar acquisition

Request for Proposals Aerial Imagery and LiDAR Acquisition

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Request for Proposals

Aerial Imagery and LiDAR Acquisition

San Bernardino Valley Municipal Water District, Inland Empire Resource Conservation District, and USDA Forest Service

The Filing Deadline

is: August 3, 2020

8:00 PM


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1. INTRODUCTION The San Bernardino Valley Municipal Water District (Valley District) and Inland Empire Resource Conservation District (IERCD), in cooperation with the USDA Forest Service (Forest Service), are seeking proposals from firms qualified to acquire and process aerial imagery and light detection and ranging (LiDAR) data for areas shown in Figure 1: Mapping Boundary. The goals of this project are to:

1. Obtain high quality, high accuracy aerial imagery to facilitate vegetation and other geospatial analyses in the San Bernardino National Forest

2. Acquire LiDAR data consistent with the USGS 3DEP Program Quality-Level 1 (QL-1) specifications using the ‘LiDAR Acquisition Parameters’ listed in Table A of this document, and following the most current QL-1 LiDAR Collection and Data Processing Requirements: https://www.usgs.gov/core-science-systems/ngp/ss/lidar-base-specification-online.

Both the Valley District and IERCD are working with the Forest Service on plant management projects within the San Bernardino National Forest in an effort to promote overall forest health and healthy headwater systems. High quality baseline data are needed in order to determine plant treatment needs, identify treatment locations, and to conduct comparative analysis between the current and future distribution of plants and plant communities. Topographic data will also be utilized to calibrate, create, and evaluate habitat suitability models for wildlife species, including the southwestern willow flycatcher (Empidonax traillii extimus). The products derived from the Scope of Services in this Request for Proposals (RFP) are intended to provide baseline information for these efforts.

2. PROPOSAL SCHEDULE

3. CONSULTING TEAM Proposer (Consultant) is responsible for assembling a team which meets all of the requirements outlined in this RFP.

4. REQUIRED EXPERIENCE AND QUALIFICATIONS Consultant shall demonstrate the qualifications and experience necessary to successfully complete all aspects of Scope of Services detailed below. This RFP is intended to identify firms with the necessary equipment, experience, and personnel needed to create high quality geo-referenced

Event

https://www.usgs.gov/core-science-systems/ngp/ss/lidar-base-specification-online



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imagery and LiDAR products in accordance with the requirements outlined in the Scope of Services. Consultants shall be a self-contained firm with turnkey services, experience, aircraft, processing equipment and photogrammetric and LiDAR expertise to ensure that professional quality products are delivered in a timely and cost-effective manner.

5. SCOPE OF SERVICES

High resolution and spatially accurate aerial imagery (3-inch pixel) and LiDAR data (QL-1) will be used by the Valley District, IERCD, and USDA Forest Service. Aerial data will be collected during the summer of 2020 (between August and October 15, 2020). This is to ensure a “Leaf-On” vegetation condition required for the LiDAR dataset. The project will require aerial imagery at a three-inch resolution and LiDAR that meets USGS 3DEP Quality Level 1 (QL1). Each proposal shall include, at a minimum, the tasks outlined in this RFP. The main objectives of this project are:

1. To obtain a seamless digital imagery product for visualization and analytical purposes that can be used in geographic information systems (GIS) and computer-aided design (CAD) software;

2. To acquire a product to verify and update vegetation types and classifications; 3. To acquire a product that will facilitate identification of changes from previous and

subsequent aerial surveys and will allow analysis in a digital environment; 4. To acquire a mosaic dataset that references the imagery and identifies metadata (to include

pixel storage definitions, geo-referencing, processing, format, and other pertinent information);

5. To obtain a product that can be used in conjunction with other digital spatial databases currently stored in ArcGIS (shapefile and geodatabase formats) or CAD;

6. To obtain a product that can be integrated with other available vector and raster data in the study area;

7. To obtain high quality QL-1 LiDAR data that will be used to map vegetation structure (down to the tree and tree clump/gap level and mid- to low-vegetation canopies) to support fuels reduction, forest health, and watershed conservation planning efforts

Task 1: LiDAR Collection and Processing for:

Task 1a: LiDAR Priority Area 1a as shown in Figure 1

Task 1b: LiDAR Priority Area 1b as shown in Figure 1

Task 1c: LiDAR Priority Area 1c as shown in Figure 1 Each subtask (Tasks 1a-1c) associated with Task 1 will be priced separately. Additional Tasks that the Consultant deems necessary shall be priced as separate tasks. The Valley District, IERCD, and Forest Service team (Partners) will require the following at the time of agreement award for subtasks awarded for Task 1:

LiDAR COLLECTION: Project specifications for QL-1 LiDAR data collection are listed in Table A below, and unless otherwise indicated, shall meet or exceed the 3DEP QL-1 LiDAR data collection requirements documented in the latest version of the USGS National Geospatial Program ‘LiDAR Base Specifications’ document https://www.usgs.gov/core-science-



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systems/ngp/ss/lidar-base-specification-online. Table A – LiDAR Specifications:

Data acquisition Survey Design Minimum requirements1

Acquisition window July 1 – August 31, 2020 July 1 – Oct 15, 2020 (approval from Partners required)

Survey Conditions Leaf-on No significant snow, fog, or smoke due to wildfire or prescribed burn

Wavelength 900-1600 nm discrete return

Returns per pulse 4 or more (for improved mid- and low-canopy structure measurements)

Aggregate pulse density >8 pulses/m2 Barring non-reflective areas (e.g. open water):

• Minimum of 8 pulses/m2 for ≥95% of the project area

• no 100m x 100m area with <50% design pulse density (4pulses/m2)

• in areas of large terrain relief, more closely spaced flight lines may be necessary to meet minimum point density and double coverage

Aggregate nominal pulse spacing <0.35 (meters)

Relative vertical accuracy for LiDAR Swath data, RMSDz (meters)

<0.06 meter for smooth surface repeatability; <0.08 meter for swath overlap difference

On-ground laser beam diameter Approx. 25 cm, Use Narrow divergence setting – if instrument allows for it

Between 10 cm and 100 cm

Scan angle ± 13 degrees (to increase ground returns in heavy forest)

≤ ± 15 degrees

Aircraft altitude For vendor to determine

Aircraft speed For vendor to determine

Ground swath width For vendor to determine

Intensity Normalization Normalize for automatic gain Document steps used to process intensity values, including any taken to improve consistency of intensity values across the study area.



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Swath overlap 50% sidelap (100% overlap) 100% double coverage at planned aircraft height above the ground.

No voids between swaths.

No voids because of cloud cover or instrument failure

No arbitrary 1km x 1km square with >50% no-overlap area.

Absolute Vertical Accuracy (meters) for LiDAR data and DEM

• RMSEz (nonvegetated) ≤0.100;

• NVA at the 95-percent confidence level ≤0.196;

• VVA at the 95th percentile ≤0.30

Flight line direction Opposing – no voids between swaths

GPS base line length ≤50 km

GPS PDOP ≤3.0, ≥6 satellites in view of both a stationary reference receiver and the roving receiver

Made with dual freq. L1-L2 receivers with carrier-phase correction

1. Local relief, turbulence, inability to maintain an exact flying height, and aircraft and instrument availability routinely lead to departures from the survey design. Minimum requirements listed here are the minimum acceptable under this contract.

DATA PROCESSING & HANDLING: All project data processing and handling, unless otherwise indicated, must meet or exceed the requirements for 3DEP QL-1 LiDAR data in the latest version of the USGS National Geospatial Program ‘LiDAR Base Specifications’ document under the “Data Processing & Handling” section https://www.usgs.gov/core-science-systems/ngp/ss/lidar-base-specification-online. Items include:

• ASPRS LAS File Format • Full Waveform • Time of Global Positioning System Data • Positional Accuracy Validation • File and Point Source Identification • Use of the LAS Withheld Bit Flag • Use of the LAS Overage (Overlap) Bit Flag • Point Classification • Classification Consistency • Point Duplication

Survey Execution: Contractors must fully describe all steps taken to calibrate the aircraft’s onboard inertial measurement unit (IMU) and sensor offsets/settings. Any snow-covered areas



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will have unreliable bare earth surfaces and hence unreliable vegetation canopy metrics. GPS Procedures: Contractors must fully describe GPS procedures (including GPS instrument specifications) used to establish the following: • The spatial reference (coordinate) framework and vertical datum that will be used for the

purposes of lidar data collection and survey reduction; and, • The collection and processing of ground control points (GCP’s) for the purposes of

undertaking lidar QA/QC by the applicant.

Spatial Reference System: • Vertical Datum - NAVD88, Geoid (use most current) • Horizontal Datum – NAD83 (use most current) • Units of Reference – Horizontal and Vertical in Feet • Coordinate Reference System (CRS) – State Plane US Feet, Zone 5, NAD83 (WKID: 26911

Authority: EPSG); (LAS files shall use WKT as defined in OGC (2001))

File Naming Convention: – see Attachment A for details

Project Tile Index and Tile Naming Convention: • Data shall be delivered in tiles that are rectangular, corresponding to standard USGS 7.5-

minute quadrangles and divisions thereof. For example: o 1/4th USGS 7.5-minute quadrangle (3.75 minute by 3.75 minute) tiles o 1/64th USGS 7.5-minute quadrangle (0.9375 minute by 0.9375 minute) tiles o 1/100th USGS 7.5-minute quadrangle (0.75 minute by 0.75 minute) tiles

• No overlaps or gaps between tiles • See Attachment A for details

Task 2: Aerial Imagery Collection and Processing for:

Task 2a: Imagery Priority Area 2a as shown in Figure 2

Task 2b: Imagery Priority Area 2b as shown in Figure 2 Task 2 Requirements: Apply to Tasks 2a-2b. Each subtask (Tasks 2a-2b) associated with Task 2will be priced separately. Additional Tasks that the Consultant deems necessary shall be priced as separate tasks. The Partners will require the following at the time of agreement award for subtasks awarded for Task 2: The aerial imagery for three-inch (3”) pixel (GSD = Ground Sample Distance) (1” = 50’ mapping scale) imagery covering R, G, B and IR bands will be acquired. Imagery shall have a horizontal accuracy to National Map Standards 1” = 50’ (+/- 1.6 ft) from true location at 90% confidence level. As determined by the Partners, images must be free of defects or inconsistencies in tone, contrast or color within an individual tile and/or between adjacent image tiles or mosaics. Color and contrast shall be natural, there shall be no bias towards a single shade or color. Images shall be free of striping, banding, washouts, and hot spots. Some allowance for high reflection over water will be made. Feature extraction should be possible in lightly shaded


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areas. Cloud free imagery is required. The imagery shall not be captured when the ground is obscured by factors such as flooding, excessive haze, smoke, extreme heat, or other atmospheric conditions that could potentially obscure the imagery. Aerial photography shall be conducted between 10:00 am and 2:00 pm to provide required sun angle to optimize radiometry of imagery to minimize shadowing. SPATIAL REFERENCE SYSTEM • Vertical Datum - NAVD88, Geoid (use most current) • Horizontal Datum – NAD83 (use most current) • Units of Reference – Horizontal and Vertical in Feet

Coordinate Reference System (CRS) – State Plane US Feet, Zone 5, NAD83 (WKID: 26911 Authority: EPSG);

Task 3: Meetings

The Consultant shall participate in meetings over the course of the project. The Consultant shall be prepared to lead all meetings and provide summary notes following each meeting. A kick-off meeting shall occur within two weeks of contract award. This meeting will occur remotely via a platform that all Partners and the Consultant can participate in. The Consultant shall coordinate with the Partners prior to this meeting to determine the most appropriate platform to hold meetings for this project. Subsequent meetings will be necessary to provide project progress to the Partners. The Consultant should assume at least three (3) project progress meetings with the Partners over the same platform that is used for the kick-off meeting.

Task 4: Reporting

One survey report for all awarded tasks and associated subtasks shall detail survey methods and results including:

o Collection report (detailing mission planning, including detailed flight logs) o Processing Report o GPS report on GPS ground control processes including equipment used, location and

duration of occupation of base stations and measured position of all existing NGS marks used for reference stations

o QA/QC report (vendor’s accuracy assessments, including internal consistency and absolute accuracy)

o Descriptive file list documenting the delivered files

6. DELIVERABLES

Task 1: LiDAR Collection and Processing for:

Task 1a: LiDAR Priority Area 1a as shown in Figure 1

Task 1b: LiDAR Priority Area 1b as shown in Figure 1

Task 1c: LiDAR Priority Area 1c as shown in Figure 1


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Task 1 deliverables include the following requirements for each subtask awarded:

METADATA & REPORTS

• Survey report as described in Task 4. This report shall be provided in an Adobe PDF and Microsoft Word format.

• Digital file metadata (FGDC compliant, XML format metadata) (See https://pubs.usgs.gov/tm/11b4/pdf/tm11-B4.pdf for details)

• Metadata tags specified by Partners shall be included in the metadata files for all lidar data deliverables. All tags are required.

CLASSIFIED POINT CLOUD OF ALL RETURNS Shall be a .las v1.4 file (LAS specification version 1.4–R13 (ASPRS, 2011)) as 1/100th USGS 7.5-minute quadrangle (0.75 minute by 0.75 minute) tiles. Standard Point Cloud Classifications per the latest version of the USGS National Geospatial Program ‘LiDAR Base Specifications’ document (Table 5) https://www.usgs.gov/core-science-systems/ngp/ss/lidar-base-specification-online and reproduced here:

BARE EARTH FILTERED POINT CLOUD Shall be .las v1.4 file (LAS specification version 1.4–R13 (ASPRS, 2011)) containing only returns identified as ground returns, as 1/100th USGS 7.5-minute quadrangle (0.75 minute by 0.75 minute) tiles.

ADDITIONAL POINT CLOUD CLASSIFICATION

Class 6: Buildings, other man-made structures

HYDRO-FLATTENED BARE-EARTH DIGITAL ELEVATION MODEL (DEM) Use hydro-flatting requirements described in the latest version of the USGS National Geospatial Program ‘LiDAR Base Specifications’ document under the “Deliverables” and “Digital Elevation Model Surface Treatments” sections. Deliver as 32-bit floating-point GeoTIFF, 0.5 m cell size,

https://pubs.usgs.gov/tm/11b4/pdf/tm11-B4.pdf




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snapped to (0, 0), 1/4th USGS 7.5-minute quadrangle (3.75 minute by 3.75 minute) tiles. Also provide a seamless mosaic DEM of the entire awarded area. NORMALIZED INTENSITY IMAGE Raster of 1st-return intensity. Use normalized intensity image requirements described in the latest version of the USGS National Geospatial Program ‘LiDAR Base Specifications’ document. Vegetation analysis using the intensity image requires that values be consistent. The Contractor must document how the intensity image is calibrated or normalized to reduce inconsistencies that limit its utility for analysis. Deliver as GeoTIFF, 1 m cell size, snapped to (0, 0), 1/4th USGS 7.5-minute quadrangle (3.75 minute by 3.75 minute) tiles.

BREAKLINES Geodatabase format preferred (use requirements described in the latest version of the USGS National Geospatial Program ‘LiDAR Base Specifications’ document under the “Deliverables” and “Digital Elevation Model Surface Treatments” sections). SUPPORTING SHAPEFILES • All ground survey monument points established by the vendor for the project • All tiling tessellation (polygon feature) for the bare earth models and the lidar tiles • The attribute name for each tile in the index shapefiles must match exactly the name of its

corresponding *.las or GeoTiff file. Letters used in names shall be lower-case • Building footprints • Shapefiles with the tracking of the individual flight lines and flight line swaths (line and

polygon features, respectively) AIRCRAFT TRAJECTORIES (SBET files) Aircraft position (easting, northing, elevation) and attitude (heading, pitch, roll) and GPS time recorded at regular intervals of 1 second or less. May include additional attributes in ASCII text or shapefile format.

DELIVERABLE MEDIA Provide Partners access to a secured ftp site, cloud repository like “Box” or “Google Drive” (not Dropbox); or, less preferred is an external hard drive with USB 3.0.

Task 2: Aerial Imagery Collection and Processing for:

Task 2a: Imagery Priority Area 2a as shown in Figure 2

Task 2b: Imagery Priority Area 2b as shown in Figure 2 Task 2 Requirements: Apply to Tasks 2a-2b.

Task 2 deliverables include the following requirements for each subtask awarded:

Aerial imagery shall be provided in GEOTIFF tiles and a seamless Mr. SID mosaic covering the entire area surveyed. For example, if Task 2a and 2b are both awarded one mosaic image shall be created covered the entirety of areas covered in both Task 2a and 2b.

METADATA & REPORTS


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• Survey report as described in Task 4. This report shall be provided in an Adobe PDF and

Microsoft Word format. • Digital file metadata (FGDC compliant, XML format metadata) (See

https://pubs.usgs.gov/tm/11b4/pdf/tm11-B4.pdf for details) • Metadata tags specified by Partners shall be included in the metadata files for all lidar data

deliverables. All tags are required.

SUPPORTING SHAPEFILES • All ground survey monument points established by the vendor for the project • All tiling tessellation (polygon feature) for all tiles • The attribute name for each tile in the index shapefiles must match exactly the name of its

corresponding GEOTIFF or Mr. SID file. Letters used in names shall be lower-case • Shapefiles with the tracking of the individual flight lines and flight line swaths (line and

polygon features, respectively) AIRCRAFT TRAJECTORIES (SBET files) Aircraft position (easting, northing, elevation) and attitude (heading, pitch, roll) and GPS time recorded at regular intervals of 1 second or less. May include additional attributes in ASCII text or shapefile format.

DELIVERABLE MEDIA Provide Partners access to a secured ftp site, cloud repository like “Box” or “Google Drive” (not Dropbox); or, less preferred is an external hard drive with USB 3.0.

7. PROJECT SCHEDULE

The proposal shall include a detailed schedule for each task based on the descriptions of each task provided in this RFP. The schedule will be reviewed and approved by the Partners prior to the start of any data collection. If conditions do not allow for imagery and/or LiDAR data collection to occur in 2020 a suitable time for collection shall be coordinated and agreed upon with the Partners in 2021.

8. PROPOSAL REQUIREMENTS

a. Body of the proposal

i. Project Understanding. A clear statement of the project.

ii. Project Approach. The project approach shall include a detailed description of all tasks needed for successful completion of the project and shall follow the general outline provided in the Scope of Services section above. Recommended optional tasks should be listed for consideration.

iii. Organizational Chart. Indicate the individuals who will actually work on the project. Include names, firm names, contact information including addresses, telephone numbers, email addresses, and chain of responsibility. Qualifications for each individual are to be provided in the appendix as described b. below.

iv. Project Schedule. v. Other Information. Consultant is encouraged to include any additional

information that may assist the Partners in making its determination in the selection process.

https://pubs.usgs.gov/tm/11b4/pdf/tm11-B4.pdf


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vi. Fee Schedule. Fee schedule shall be organized to follow the tasks described in the Scope of Services. Fee schedule shall detail costs for task. Services outlined in each proposal must comply with all requirements set forth in this RFP. The costs shall provide hourly rates and hours to complete each task, including sub-consultants’ hourly rates and hours, and any other costs for a complete project. The level of effort and associated costs are to be easily understood by the Partners. The Partners accept no responsibility for costs incurred by any individual or firm submitting a proposal pursuant to this RFP. The proposal must include a complete and fixed price. If the Scope of Services requires modification during the course of the work, the Partners will determine whether to amend the current agreement or to issue a subsequent RFP for additional services. The price specified must remain firm and irrevocable for 60 days following the RFP submission date. All proposals become prope1ty of the Partners and will not be returned.

b. Appendix

i. Qualifications, licenses, certificates, and resumes for all persons, including sub-consultants that will actually work on the project. Please limit individual experience to similar projects. For each project used as experience, highlight the name(s) of each individual on the project team that is also proposed for this project. Please include current photograph(s) and reference(s).

One PDF copy of the proposal must be received by the filing deadline. Please submit your proposals to [email protected].

Chris Jones, Project Manager, Biological Resources San Bernardino Valley Municipal Water District

380 East Vanderbilt Way, San Bernardino, CA 92408 Please direct all questions regarding this RFP to Chris Jones by email ([email protected]) or phone 909-770-4492. Answers may be sent via email or posted to the Valley District website.

9. INTERVIEW Interviews may be scheduled with select firms following initial review of the proposals. The interview must be attended by the actual team members that will work on the project including any sub-consultants. The interview will consist of a 20-minute presentation by the project team followed by a 20-minute question and answer period.

10. EVALUATION PROCESS AND CRITERIA Evaluation of proposals shall be based upon a competitive selection process. Valley District reserves the right to issue additional RFPs, to modify or abandon this project before award of contract.

11. CONTRACT While the partners will work together on this project, Valley District will issue the contract. A sample copy of Valley District’s Standard Agreement for Consulting Services is attached (Attachment B) for your information. Upon approval of the Valley District Board of Directors, the selected Consultant is required to execute the agreement. Consultant is to notify Valley District immediately if they are

mailto:[email protected]

mailto:[email protected]


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unwilling to sign the contract so that Valley District can begin negotiation with another firm.

Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase,IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMapcontributors, and the GIS User Community

Figure 1: Task 1 LiDAR Survey AreasLegendSurvey Areas For:

Task 1a (137 sq. mi.)Task 1b (451 sq. mi.)Task 1c (395 sq. mi.)

0 8 164 Miles

µ

Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase,IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMapcontributors, and the GIS User Community

Figure 2: Task 2 Aerial Imagery Survey AreasLegendSurvey Areas For:

Task 2a (588 sq. mi.)Task 2b (395 sq. mi.)

0 8 164 Miles

µ


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REFERENCES

American Society for Photogrammetry and Remote Sensing (ASPRS), 2011, LAS specification (ver. 1.4–R13, July 2013): Bethesda, Md., American Society for Photogrammetry and Remote Sensing, 27 p. [Also available at http://www.asprs.org/wp-content/uploads/2010/12/LAS_1_4_r13.pdf.] Open Geospatial Consortium, Inc. (OGC), 2001, OpenGIS® implementation specification: Coordinate Transformation Services—Revision 5: Open Geospatial Consortium, Inc., 117 p. [Also available at http://www.opengeospatial.org/standards/ct.] USGS National Geospatial Program ‘LiDAR Base Specifications’ https://www.usgs.gov/core-science-systems/ngp/ss/lidar-base-specification-online

http://www.asprs.org/wp-content/uploads/2010/12/LAS_1_4_r13.pdf

http://www.opengeospatial.org/standards/ct




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ATTACHMENT A

Tile Index and Tile Naming Convention (details): Tiles named according to the scheme (note that letters used in filenames shall always be in lower-case):

o AAOOORCQ (quarter-quadrangle, 3.75 minute by 3.75 minute region) o AAOOORCQNN (1/100th quadrangle, 0.75 minute by 0.75 minute region)

where AA is the integer north latitude of the SE corner of the 8 by 8 region that contains the quadrangle, OOO is the integer west longitude of the SE corner of the 8 by 8 region, R is the row, labeled from a to h, south to north, and C is the column, labeled from 1 to 8, east to west. For example, as in diagram A) below of the 8 by 8 region with a southeast corner at 45N, longitude 118W, the highlighted quadrangle is 45118d2. Q is the quadrangle quadrant, which shall be numbered west-to-east, north-to-south, as is shown in diagram B) below. That is, the highlighted quarter-quadrangle tile in diagram B) is 45118d22. QNN identifies the 1/100th quadrangle, which shall be labeled by numbering the 25 divisions of each quarter-quadrangle west-to-east, north-to-south, as shown in diagram C) below. That is, the highlighted tile in diagram C) is 45118d2209.

File Naming Convention: Names of data files shall be composed of the tile name followed, in some cases, by a suffix that denotes the data layer and (or) the file format. In some cases, this name shall have additional suffixes that denote an export file and (or) file compression.

For example, the quarter-quadrangle 45123a3 and constituent 1/100th-

quadrangle tile 45123a301, these are the names of data files:

All-return point cloud

45123a301.las (.las

file) Ground (bare-earth) surface model

45123a3be (GeoTiff raster name)

45123a3be.e00 (GeoTiff raster export


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file)

First-return (highest-hit) surface model

45123a3hh (GeoTiff grid name)

45123a3hh.e00 (GeoTiff export file)

Ground point list

45123a3 (ESRI

shapefile) First-return (highest-hit) intensity

image

45123a3hh.tif (GeoTiff)

Files shall have consistent formats. Some of the QAQC processes are case-sensitive. So, for the processes to run properly, the file name for

each 1/100th quadrangle tile in the index shapefile must match exactly the name for its corresponding *.las file. For the sake of consistency, all filenames should contain only lower- case letters.

Contractor shall propose all details of file names and file formats that are not specified here. Contractors proposed names and formats must be approved by Authorized Purchaser. GIS (GeoTiffs, shapefiles) shall have complete and correct associated projection files.

All files must be readable.

Failure of data to meet format specifications, files that have inconsistent internal formats or are not readable, GIS data that have incomplete or incorrect associated projection files shall result in reformatting and re-delivery.


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ATTACHMENT B

Standard Agreement for Consulting Services

CONSULTING SERVICES AGREEMENT

This Consulting Services Agreement ("Agreement") is entered into to be effective as of ------~' 201_ ("Effective Date") by and between the following pa1iies (sometimes referred to herein individually as "Paiiy" and collectively as "Paiiies"): San Bernardino Valley Municipal Water District, a water district organized and incorporated under the California Municipal Water District Law of 1911 ("District"); and ~-----~ ("Consultant"). Consultant agrees to furnish certain professional architectural and engineering services to District, upon the following terms:

JOB NAME:

JOB NUMBER:

[PROJECT NAME]

[PROJECT NUMBER]

1. Term. The term ("Term") of this Agreement shall commence on the Effective Date and shall automatically terminate upon earlier of __________ , or the successful completion of Services, unless earlier te1minated.

2. Consulting Services and Responsibilities. During the te1m of this Agreement, Consultant shall provide _ ___________ consulting services to the District, which shall include those services and activities specifically identified in the Consultant's proposal for the Project, or such other services requested by District, each of which is attached to this Agreement as Exhibit "A", and by this reference incorporated herein ("Services"). All Services provided under this Agreement shall be performed in a manner consistent with cunent industry standards by individuals who possess the proper skill and knowledge necessmy to effectively complete the Services. The perfo1mance of all Services and obligations hereunder shall be made in accordance with all federal, state and local laws, rules, regulations or ordinances applicable to the Services or obligations.

3. Additional Services. In the event additional services, which ai·e not specifically included in Exhibit "A", are desired or needed, Consultant shall identify and describe such additional services, including costs, schedule for completion and seek the written approval of District ("Additional Services"). The compensation paid to Consultant for such Additional Services shall be mutually agreed upon in writing by the Parties prior to the perfmmance of the Additional Services. Consultant shall be solely responsible for the costs and expenses associated with any Additional Services, including Additional Services already performed, that have not been specifically agreed upon in writing by Consultant and District. As used in this Agreement, the term "Services" shall include Additional Services.

4. Compensation and Expenses.

4.1 Compensation. As compensation for the Services to be rendered by Consultant, District shall pay Consultant an amount based on the time and materials incurred by Consultant, inclusive of sub-consultants and miscellaneous expenses ("Compensation"), which amount shall not exceed COST in WORDS] ( $[XXX.XX] ) ("Maximum Fee"). Consultant

SBVMWD Consulting Agreement Rev. 8/2014

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acknowledges and agrees that in no event shall Consultant receive or have a claim of any kind for any payment in excess of the Maximum Fee for any work, including Additional Services, performed under this Agreement, unless such amount exceeding the Maximum Fee is specifically approved in writing by District.

4.2 Invoices. Each month Services are rendered, Consultant shall deliver an invoice to District, for work actually performed, which shall include, at a minimum: (i) the project name; (ii) District's job number; (iii) Consultant's point of contact for billing questions; (iv) basis of billing; (v) total contract value; (vi) total billing to date; (vii) amount remaining in contract; and (viii) estimated percentage of completion at time of billing. Attached to each invoice, Consultant shall also include a monthly summary of work actually performed during the billing period. Provided there is no dispute with the invoice, District shall pay Consultant within thirty (30) days of receiving the invoice. In the event District disputes an invoice, District shall provide a written explanation of the dispute to Consultant within thirty (3 0) days of receiving the invoice. District and Consultant shall cooperate to resolve any disputed amount. District shall not be penalized for any reasonable dispute and shall not be obligated to pay any amount in dispute until a dispute has been resolved.

4.3 Expenses. District shall pre-approve in writing each reasonable and necessary expense that Consultant intends to seek reimbursement for, which expenses are directly related to the perfo1mance of the Services. If pre-approved, such expenses for reasonable and necessary travel, lodging, or miscellaneous expenses incurred in the performance of this Agreement will be reimbursed to Consultant in accordance with District's general reimbursement policy. Consultant shall submit an invoice of all incuned expenses accompanied by adequate supporting documentation or transaction receipts. Invoices that fail to include reasonable supporting documentation or receipts will not be honored and District will have no obligation of any kind to reimburse Consultant for such expenses.

5. Project Data. Consultant shall be exclusively responsible for obtaining from the appropriate sources, persons or third parties, all data and information necessary for the proper, timely and complete performance and satisfaction of the Services.

6. Work Product: Confidential Information.

6.1 Work Product. Consultant shall provide to District, and such other consultants approved by District, all work product, works in progress or other deliverables developed from or associated with the Services or the Project. Upon completion of the Services, Consultant shall provide one reproducible physical copy and one electronic copy of all final work products described in Exhibit "A", in such forms acceptable to District. Consultant acknowledges that all work performed or prepared for District by Consultant hereunder, including without limitation all data, reports, models, working notes, drawings, designs, improvements, trademarks, patents, copyrights (whether or not registered or patentable) and specifications developed or prepared by Consultant in connection with, or related to such Services shall become the sole and exclusive property of District, unless specifically otherwise agreed upon in writing by District and Consultant. Consultant hereby unconditionally assigns, transfers and conveys to District all rights,

SBVMWD Consulting Agreement Rev. 8/20 14

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interests and claims of any kind related thereto, including copyright. Consultant shall promptly disclose such work product to District and, at the District's expense, perform all actions reasonably requested by District (whether during or after the Term) to establish and confirm such ownership (including, without limitation, executing any necessary assignments, consents, powers of attorney and other insh·uments).

6.2 Confidential Information. Consultant acknowledges that during the Term it may receive or have access to certain information, observations and data (including, but not limited to, trade secrets, designs, ideas, products, research, software, and financial data) concerning the business or affairs of District ("Confidential Information") which is, and shall remain the prope1ty of District. Consultant shall take all reasonably appropriate steps to safeguard Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. Consultant agrees that it shall not disclose to any unauthorized person or use for its own purposes any Confidential Information without the prior written consent of District, unless and to the extent that the Confidential Information becomes generally known to and available for use by the public other than as a result of Consultant's acts or omissions. Consultant shall deliver to District at the termination or expiration of the Term, or at any other time District may request, all memoranda, notes, plans, records, reports, computers and computer records, printouts and software and other documents and data (and copies thereof) embodying or relating to the Confidential Information, work product (as discussed in 6.1) or the business of District, which Consultant may then possess or have under its control. Neither party shall be liable for disclosure or use of Confidential Information which: (a) was known by the receiving patty at the time of disclosure due to circumstances unrelated to this Agreement; (b) is generally available to the public without breach of this Agreement; ( c) is disclosed with the prior written approval of the disclosing party; or ( d) is required to be released by applicable law or court order (provided that Disclosing Party is given prompt written notice thereof and is allowed to exhaust all reasonable legal remedies to maintain the confidentiality of the information).

7. Records. All records, documents or other instruments evidencing all labor costs, payroll costs or other expenses incuned in connection with Consultant's perfonnance of the Services shall be kept in a manner consistent with industry standards and practices and made available to District upon written request. Retention of the records contemplated by this Section 7 shall be retained for a period of no less than four ( 4) years from the date of final billing or termination of this Agreement, whichever shall first occur.

Consultant fmther agrees to maintain all design calculations and final work product on file in legible and readily accessible form. A copy of such material shall be available to District, at District's sole cost and expense, and the originals of such materials and items, including any additions, amendments or modification thereto shall not be destroyed by Consultant unless Consultant fails to object to such destruction upon District providing Consultant with sixty (60) days advance written notice, indicating that such material is scheduled to be destroyed.

8. Relations with Construction Contractor. Consultant shall not directly or indirectly communicate with or consult with any construction contractor utilized in the Project, except in the presence of or with the specific written consent of the Dish·ict.


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9. Independent Contractor.

9.1 Status. The Parties hereby acknowledge that in rendering the Services provided hereunder, Consultant shall be deemed to be an independent contractor and shall not be deemed in any way an agent, partner or joint venturer of the District. Consultant acknowledges and agrees that, as an independent contractor, it is solely responsible for the payment of any and all taxes and/or assessments imposed on account of payment to Consultant or the performance of Services by Consultant pursuant to this Agreement.

9 .2 Agency Restrictions. Consultant understands and agrees that Consultant shall not represent itself to third parties to be the agent, employee, pmtner or joint venturer of the District. Furthermore, Consultant shall not make any statements on behalf of or otherwise purpmting to bind the District in any contract or otherwise related agreement. Consultant fmther agrees and acknowledges that Consultant does not have the authority to and shall not sign any contract on behalf of the District or any of its subsidimies or affiliates. Consultant shall not obligate the District or any of its subsidiaries or affiliates to do any other act that would bind the District or any of its subsidiaries or affiliates in any manner.

10. Further Assurances. Consultant shall furnish District with any documents or records that the District reasonably believes necessary to properly and timely carry out the Consultant's Services. District shall first tender written notice to Consultant regarding any documents or records that it reasonably believes necessary to properly carry out Consultant's Services. Consultant shall then have ten (10) days from the receipt of such notice to provide the District with the requested documents or records.

11. Abandonment or Termination. Agreement may be terminated by either Party upon ten (10) days written notice. In the event the Project is te1minated or abandoned before completion of the Services, all Services of Consultant shall immediately terminate. In the event of te1mination or abandonment, Consultant shall be compensated for the Services in propo1tion to the amount of work actually completed as of the termination date or date of abandonment. Notwithstanding the foregoing, in the event of telephone notification to stop work, no further work shall be performed on any pmtion of the Project pending receipt of the written notification. The continuation of work after telephone notification to stop work, shall be at Consultant's sole cost and expense, without the right to seek any form of reimbursement.

12. Indemnification. Consultant shall indemnify, defend and hold harmless the District and its agents, officers, directors and assigns, from and against any and all claims, damages, loss and expense, including attorneys' fees, awards, fines, penalties, judgments or appeals arising out of or related to the performance of the Services, breach of this Agreement, any misrepresentations or any other claim arising out of or related to this Agreement. Consultant's indemnification obligations contained in this Section 12 shall extend to all acts or omissions of its officers, employees, agents or representatives.


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The indemnification responsibility of Consultant, with respect to the Services shall exist and continue regardless of the extent to which District may have reviewed and approved the Services performed by Consultant, except that Consultant shall not be responsible for claims attributable to the Services in any case in which the claim is attributable to a decision made by District with respect to which Consultant and District have specifically agreed in writing that District shall be the responsible party.

13. Liability and Insurance. Consultant shall assume responsibility and liability for any damage, loss or injury of any kind or nature whatsoever to any person or property, to the extent such damage, loss or injury was caused by or resulting from an error, omission or negligent or willful act caused by Consultant, its officers, directors, employees, agents or representatives in connection with the performance of the Services under this Agreement.

Consultant shall, at its sole cost and expense, maintain in effect at all times during the performance of the Services, the greater of: (i) the coverage and limits of insurance described herein; or (ii) such coverage and limits as is generally determined to be the general industry standards, which coverage shall be maintained with an insurance company licensed to do business in California and having a minimum A.M. Best rating of A-IX, or better, and under forms of policies satisfactory to District.

Consultant shall, at its sole cost and expense, procure and maintain in effect for the Term the following insurance policies, and to the extent permitted, naming District as an additional insured: (i) professional liability insurance, with policy limits of no less than $1,000,000 (combined single limit per claim and annual aggregate); (ii) workers' compensation insurance, in such amounts and coverage as required by law, and employer's liability insurance policy of at least $1,000,000 per occunence; (iii) general liability insurance policy of at least $1,000,000 per occmTence, and in the aggregate $2,000,000; and (iv) automobile liability, or equivalent form, with a combined single limit of no less than $1,000,000 per occmTence; such insurance shall include coverage for non-owned and hired automobiles and owned. The workers' compensation policy must include a waiver of Consultant's right to recover from other endorsements.

Certificates evidencing such coverage and adding District as additional insured, where permitted, shall be delivered to District prior to the commencement of the Services by Consultant under this Agreement. Such insurance shall provide no cancellation unless thirty (30) days' prior notice of such cancellation is given to District or ten (10) days notice in the event of cancellation for non-payment of premium. Consultant agrees to timely pay the premiums as required and use its best efforts to maintain said insurance in effect for a period of at least two (2) years after completion of the Services under this Agreement.

14. Representations and Warranties. Each Paity individually represents and warrants the following:

a. Each Party is duly organized, validly existing and in good standing under the laws of the state of formation or incorporation and has all requisite power and authority to conduct the business with which it conducts and proposes to conduct;


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b. All action on the part of each Party necessary for the authorization, execution, delivery, and perfo1mance of this Agreement, and the consummation of the transactions contemplated herein, has been properly taken and obtained in compliance with applicable law;

c. Each Paity has not entered into nor will either enter into any agreement (whether written or oral) in conflict with this Agreement or which would prevent a Paity from perfo1ming its obligations under this Agreement; and

d. Each Party has the contacts and expertise, and will reasonably allocate its financial and time resources on a reasonable best eff01ts basis to enable it to perfo1m its obligations hereunder.

15. Miscellaneous.

15 .1 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes any prior understandings, agreements, or representations by or between the Parties, written or oral, to the extent they have related in any way to the subject matter hereof.

15.2 No Third-Party Beneficiaries. This Agreement shall not confer any rights or remedies upon any person or entity other than the Parties and their respective successors and permitted assigns.

15 .3 Succession. This Agreement shall be binding upon and inure to the benefit of the Parties named herein and their respective successors and permitted assigns.

15.4 Headings. The section headings contained in this Agreement ai·e inse1ted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement.

15.5 Notices. All notices, requests, demands, claims, and other communications hereunder will be in writing. Any notice, request, demand, claim, or other communication hereunder shall be deemed duly given two (2) business days after it is sent by registered or ce1tified mail, return receipt requested, postage prepaid, and addressed to the intended recipient as set forth below:

If to District:

If to Consultant:


San Bernai·dino Valley Municipal Water District 380 East Vanderbilt Way San Bernardino, CA 92408 Attn: - -------Telephone: (909) 387-9253

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Attn: ---------Telephone: ------

15.6 Governing Law; Venue. This Agreement shall be governed by and construed in accordance with the domestic laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California. Venue for any suit, action or proceeding shall exist exclusively in the comts having jurisdiction over the County of San Bernardino.

15.7 Counterparts. This Agreement may be executed in one or more counterpa1ts, each of which shall be deemed an original but all of which together will constitute one and the same instrument.

15.8 Waivers. No waiver by any Paity of any default, misrepresentation, or breach of wananty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by vi1tue of any prior or subsequent occunence.

15.9 Amendment. Except as expressly provided otherwise herein, this Agreement may not be amended without the express written consent of both Pmties.

15.10 Severability. Any term or provision of this Agreement that is invalid or unenforceable in any situation in any jurisdiction shall not affect the validity or enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation or in any other jurisdiction.

15.11 Release of Information and Advertising. Consultant shall not, without the prior written consent of District, make any news release or other public disclosure regarding this Project.

15.12 Construction. The Parties have pmticipated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Pmty by viitue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "including" shall mean including without limitation.

15.13 Attorneys' Fees. If any legal action is necessary to enforce or interpret the terms of this Agreement, the prevailing pmty shall be entitled to reasonable attorneys' fees, reasonable expe11 witness fees, costs, and necessary disbursements in addition to any other relief to which that pmty may be entitled.


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IN WITNESS WHEREOF, the Parties hereby execute this Agreement on the date first written above.


DISTRICT:

San Bernardino Valley Municipal Water District, a water district organized and incorporated under the California Municipal Water District Law of 1911

By: ------ - ---------Name: - --------- -----Its: --------- -------

CONSULTANT:

By: - --- - -------- ---Name: ------- --------Its: ---- ---------- --

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EXHIBIT "A"

[Insert Project Proposal and Identification of Services]


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aerial imagery and lidar acquisition

Documents