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HomeMy WebLinkAbout39-25 RESOLUTIONPage 1 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 39-25 File Number: 2025-4 SURDEX CORPORATION (SERVICE CONTRACT): A RESOLUTION TO APPROVE A CONTRACT WITH SURDEX CORPORATION IN THE AMOUNT OF $99,020.00, PURSUANT TO A FEDERAL GSA ADVANTAGE COOPERATIVE PURCHASING CONTRACT, FOR AERIAL PHOTOGRAPHY SERVICES, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Rawn to sign a contract with Surdex Corporation in the amount of $99,020.00, pursuant to a federal GSA Advantage cooperative purchasing contract, for aerial photography services for the Geographic Information Systems Division. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. PASSED and APPROVED on January 21, 2025 Approved: _______________________________ Molly A. Rawn, Mayor Attest: _______________________________ Kara Paxton, City Clerk Treasurer Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2025-4 MEETING OF JANUARY 21, 2025 TO: Mayor Rawn and City Council THRU: Keith Macedo, Interim Chief of Staff FROM: Greg Resz, GIS Manager SUBJECT: Approve the attached proposal, with Surdex Corporation, to provide GIS aerial photography and impervious surface mapping via the Government Cooperative Purchasing Program GSA) Schedule 70 and approval of a budget adjustment. RECOMMENDATION: Staff recommends signing the attached proposal, with Surdex Corporation, to provide GIS aerial photography and impervious surface mapping via the Government Cooperative Purchasing Program GSA) Schedule 70, and approval of a budget adjustment. BACKGROUND: The City' s GIS division provides mapping for the entire City, which includes new aerial photography data on an annual basis to help monitor and map changes. In 2024 City Council approved a proposal with Surdex Corporation to collect aerial photography data and in 2022 to update impervious surface in the City. Both times they utilized the same GSA cooperative purchasing program. City staff was happy with the quality of the impervious surface and photography. The 2025 aerial photography will include 3 inch aerial photography to support the new stormwater utility impervious surface analysis. DISCUSSION: The GIS division identified an existing cooperative purchasing agreement, through GSA schedule 70, Contract # 47QTCA18D00J5, GSA Special Item Number Earth Observation Solutions: 132- 41, with Surdex Corporation. The City has used the same Surdex cooperative purchasing agreement since 2024. BUDGET/STAFF IMPACT: The cost of the attached proposal is $99,020 and is funded from three separate sources as shown below. PURCHASE ORDER DETAILS Account Project Amount 1010.090.6600-5314.00 17008.1 $57,220 4470.621.8810-5314.00 17008.1 $13,800 4470.170.8170-5314.00 02055.1 $28,000 TOTAL $99,020 ATTACHMENTS: SRF (#3) , BA (#4), Fayetteville 2025 Ortho and Mapping Proposal (#5), 2025 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Orthophotography and Impervious Mapping - Final Version (#6) Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2025-4 Approve the attached proposal, with Surdex Corporation, to provide GIS aerial photography and impervious surface mapping via the Government Cooperative Purchasing Program GSA) Schedule 70 and approval of a budget adjustment. A RESOLUTION TO APPROVE A CONTRACT WITH SURDEX CORPORATION IN THE AMOUNT OF $99,020.00, PURSUANT TO A FEDERAL GSA ADVANTAGE COOPERATIVE PURCHASING CONTRACT, FOR AERIAL PHOTOGRAPHY SERVICES, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Rawn to sign a contract with Surdex Corporation in the amount of $99,020.00, pursuant to a federal GSA Advantage cooperative purchasing contract, for aerial photography services for the Geographic Information Systems Division. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. City of Fayetteville Staff Review Form 2025-4 Item ID 1/21/2025 City Council Meeting Date - Agenda Item Only N/A for Non-Agenda Item Greg Resz 1/2/2025 INFORMATION TECHNOLOGY (170) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends signing the attached proposal, with Surdex Corporation, to provide GIS aerial photography and impervious surface mapping via the Government Cooperative Purchasing Program GSA) Schedule 70, and approval of a budget adjustment. Budget Impact: 4470.621.8810-5314.00 4470.170.8170-5314.00 Sales Tax Capital Improvements Account Number Fund 17008.1 02055.1 Stormwater Utility Feasibility Study Geographic Information System (GIS) Project Number Project Title Budgeted Item?Yes Total Amended Budget $205,420.27 Expenses (Actual+Encum)$- Available Budget $205,420.27 Does item have a direct cost?Yes Item Cost $99,020.00 Is a Budget Adjustment attached?Yes Budget Adjustment $13,800.00 $225.00 Remaining Budget $120,200.27 V20221130 Purchase Order Number:Previous Ordinance or Resolution # Change Order Number:Approval Date: Original Contract Number: Comments: City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division /Org2 ENGINEERING (621) Adjustment Number 2025 Requestor:Alan Pugh BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Staff recommends signing the attached proposal, with Surdex Corporation, to provide GIS aerial photography and impervious surface mapping via the Government Cooperative Purchasing Program GSA) Schedule 70. COUNCIL DATE:1/21/2025 ITEM ID#:2025-4 Holly Black 1/2/2025 2:33 PM Budget Division Date TYPE:D - (City Council) JOURNAL #: GLDATE: 1/21/2025 RESOLUTION/ORDINANCE CHKD/POSTED:/ v.20241210TOTAL-- Increase / (Decrease)Project.Sub# Account Number Expense Revenue Project Sub.Detl AT Account NameGLACCOUNTEXPENSEREVENUEPROJECTSUBATDESCRIPTION X 4470.621.8810-5314.00 13,800 -17008 1 EX Professional Services 4470.621.8810-5817.00 (13,800)-02108 1 EX Improvements - Bridge & Drainage 4470.170.8170-5314.00 28,000 -02055 1 EX Professional Services 4470.170.8170-5210.00 (28,000)-02055 1 EX Minor Equipment -- -- -- -- -- -- -- -- -- -- -- -- -- -- 1 of 1 PROPOSAL City of Fayetteville, Arkansas 2025 Orthophotography and Impervious Mapping SUBMITTED TO SUBMITTED BY Gregory Resz, GISP GIS Manager City of Fayetteville, Arkansas (479) 444-3431 gresz@fayetteville-ar.gov Jack King Business Development Representative Mobile: (601) 405-4070 Office: (636) 368-4400 jack.king@bowman.com 520 Spirit of St. Louis Blvd. Chesterfield, MO 63005 Mailing address: P.O. Box 3980 Chesterfield, MO 63006-3980 TECHNICAL PROPOSAL City of Fayetteville 2025 Orthophotography and Impervirous Mapping Surdex is proposing the City contract with us using our contract through the Government Cooperative Purchasing Program, GSA Schedule 70, Contract #47QTCA18D00J5, GSA Special Item Number (SIN) Earth Observation Solutions: 132-41. Surdex agrees to meet the specification provided in the City’s “Request for Bid” for the 2020 Digital Orthophotography. This proposal is a brief understanding of the scope of work and includes a fee schedule for this project. PROJECT AREA The project area includes approximately 56 square miles within the city limits of the City of Fayetteville, located in northwest Arkansas. The exact area of interest (AOI) is shown on the boundary diagram later in this proposal. Prior to mobilization of acquisition assets and production, we will require confirmation of the contractual project limits. DIGITAL AERIAL PHOTOGRAPHY Surdex, a Bowman company’s aircraft will capture aerial photography of your area of interest. Each aircraft is equipped with high-precision digital aerial mapping sensors. The acquisition plan will be designed to achieve photogrammetric accuracies based on the known requirements requested by Fayetteville and generally accepted industry practices. Our image sensors are equipped with forward motion compensation and gyro - mount sensor leveling features. To supplement the required photogrammetric ground control, all aircraft and sensors are equipped with Global Navigation Satellite System (GNSS) navigation and Inertial Navigation System (INS) technology. Our direct digital sensors capture Panchromatic (PAN), Red, Green, Blue (RGB) and near Infrared (IR) bands simultaneously. Processing and delivery of supplemental image bands is available upon request for an additional charge. Acquisition Conditions We will acquire imagery when the sky is free of clouds, cloud shadows and atmospheric haze, generally between 10:00 a.m. and 2:00 p.m. and/or when the sun angle is greater than 30 degrees. GROUND CONTROL SURVEYS We will use existing photo identifiable control points provided by Fayetteville to support geospatial data production for this project. We will design a control plan for Fayetteville to work from. We will perform additional ground surveys to support the increased requirements for 3” imagery and impervious geospatial data production projects. This surveying will be performed to an accuracy and density required to support the mapping project. The American Society of Photogrammetry and Remote Sensing (ASPRS) Positional Accuracy Standards for Digital Geospatial Data defines the accuracy of ground survey points used in the generation of geospatial data products. TRIANGULATION All aerial imagery collected for this project will be processed through an analytical triangulation solution that is controlled to ground survey points. TECHNICAL PROPOSAL City of Fayetteville 2025 Orthophotography and Impervirous Mapping D A T E : D e c e m b e r 16, 2 0 2 4 P a g e | 2 BOUNDARY DIAGRAM TECHNICAL PROPOSAL City of Fayetteville 2025 Orthophotography and Impervirous Mapping D A T E : D e c e m b e r 16, 2 0 2 4 P a g e | 3 ORTHOIMAGERY MAPPING Surdex, a Bowman company will produce digital orthorectified aerial image tiles consistent with the shapefile area of interest (AOI) and tile layout provided by Fayetteville. The orthoimage tiles will be provided at a horizontal scale of 1″=50' at a ground resolution of 3”. Unless specifically requested in writing, we reserve the right to utilize, if available, any existing elevation model deemed suitable for orthorecti fication to meet the contractual accuracy requirements as stated. If suitable elevation data is not available, we will generate a new elevation model using manual and automated photogrammetric techniques. If requested, we will deliver the elevation model used in the orthorectification process. To improve efficiency of client accept ance, we may provide, at its discretion, seamline data for reference. Standard image format shall be tiff and tiff world (.tif/.tfw) and deliverables will be provided on an external hard drive. Additional image formats are available. An additional charge may be required for additional formatting or processing. IMPERVIOUS MAPPING Our technicians will collect visible and identifiable features from the aerial photography that are generally shown on maps at 1”=50’. We will digitize the planimetric features in a 2D environment, following industry accepted practice. Field data collection of planimetric features is not included in this proposal. Planimetric features to be shown include: • building • building under construction • concrete • deck • driveway • golf cart path • home • parking • patio • pool (above ground) • pool (below ground) • road • runway • shoulder • sidewalk NOT to include parking lot planter islands For driveways and parking area polygons, add an attribute for material – the only material to be populated is rocked surfaces TECHNICAL PROPOSAL City of Fayetteville 2025 Orthophotography and Impervirous Mapping D A T E : D e c e m b e r 16, 2 0 2 4 P a g e | 4 PRODUCT ACCURACY Unless otherwise requested, the products provided under this proposal will meet or exceed the American Society for Photogrammetry and Remote Sensing (ASPRS) Accuracy Standards for Digital Geospatial Data horizontal and/or vertical accuracies as listed below. PRODUCT ACCURACIES GSD LIMITING RMSEX,Y RMSER CE95 ALLOWABLE SEAMLINE MISMATCH 3” 0.5’ 0.71’ 1.22’ 1.0’ PRODUCT ACCURACIES MAP SCALE CLASS 1 ACCURACY RMSE CLASS 2 ACCURACY RMSE CLASS 3 ACCURACY RMSE 1”=50’ 0.5 1.0 1.5 To provide an independent means for verifying the project data accuracy, quality assurance check point survey data will be collected within the project area. The check point survey plan will be provided to Fayetteville for review. The surveyor will adhere to the guidelines for independent survey control layout and verification. All map data tiles will be reviewed to verify compliance to the specified accuracy. An RMSE accuracy assessment report for the DEM is provided to show that project data meets accuracy requirements. TECHNICAL PROPOSAL City of Fayetteville 2025 Orthophotography and Impervirous Mapping D A T E : D e c e m b e r 16, 2 0 2 4 P a g e | 5 SCHEDULE The aerial photography will be scheduled immediately upon Fayetteville’s authorization to proceed. A project manager will be assigned to coordinate the production and scheduling of this project. Services will be provided on a mutually agreeable schedule after receipt of the signed copy of this proposal / contract. Both seasonal and daily weather conditions dictate when acceptable data can be captured. Our production and acquisition managers will consider these factors when planning the schedule. APPROXIMATE SCHEDULE / ACTUAL DELIVERY IS DEPENDENT ON WEATHER AND COMPLETION OF CLIENT MILESTONES BEFORE SUBSEQUENT MILESTONES CAN BEGIN. PRELIMINARY SCHEDULE PHASE DATE Aerial Acquisition Target of February 2025 Orthophotography 60 days after acquistion Impervious Mapping July 1, 2025 Delivery FEE SCHEDULE FEE SCHEDULE SERVICES SPECIFICATIONS AND DELIVERABLES PRICE DIGITAL ORTHOIMAGERY 3” GSD color orthoimagery 1”=50’ mapping scale $43,379 IMPERVIOUS MAPPING New Impervious data set $36,841 TOTAL $80,220 FEE SCHEDULE – 6” IMAGERY OPTION SERVICES SPECIFICATIONS AND DELIVERABLES PRICE OPTIONAL 6” GSD color orthoimagery additional 100 sq mi $18,800 Proposal is good for Sixty (60) days from date of proposal. TECHNICAL PROPOSAL City of Fayetteville 2025 Orthophotography and Impervirous Mapping D A T E : D e c e m b e r 16, 2 0 2 4 P a g e | 6 DELIVERY ITEMS The following delivery items are included in the fee schedule: Digital Orthoimagery ◼ Survey Report ◼ Digital orthoimagery in desired tile and/or mosaic format(s) (e.g., .tif, .sid, JPEG 2000) with supplemental world files where applicable ◼ Seamline shapefile ◼ FGDC-compliant metadata Mapping ◼ 50’ scale impervious features in ESRI geodatabase and/or AutoCAD formats ◼ FGDC-compliant metadata Surdex’s Terms and Conditions are attached hereto and incorporated into this Proposal by reference. SURDEX, A BOWMAN COMPANY CITY OF FAYETTEVILLE Signature Signature Date 12/16/2024 Date TECHNICAL PROPOSAL City of Fayetteville 2025 Orthophotography and Impervirous Mapping D A T E : D e c e m b e r 16, 2 0 2 4 P a g e | 7 TERMS AND CONDITIONS The following terms and conditions are incorporated in and together with the proposal become a part of the contract between Client and Surdex, a Bowman company (“Surdex”). Both parties agree as follows: STANDARD OF CARE The standard of care for all services performed by Surdex for Client shall be the care and skill ordinarily used by members of the applicable profession practicing under similar circumstances at the same time and locality of the Project. ACCESS/CLIENT RESPONSIBILITIES Client shall arrange for access to and make all provisions for Surdex to enter upon all public and private lands as required for Surdex to perform its services. Client shall inform Surdex of any special criteria or requirements related to the Project or Scope, and shall timely and at its cost furnish any and all information in its possession relating to the Project, including reports, plans, drawings, surveys, deeds, topographical information and/or title reports. Surdex shall bear no responsibility for errors, omissions, inaccuracy or incompleteness in third-party information or additional costs arising out of its reliance upon such third-party information supplied by Client. INVOICES / PAYMENT SCHEDULE Client is solely responsible for payment of services; payment will in no way be conditional upon Client receipt of payment from another party. Payment schedule is to be: • 60% due upon completion of acquisition, 40% due upon final delivery. TERMS / INTEREST / LATE PAYMENT Payment shall be due 30 days after receipt of an invoice. Interest shall accrue on past due invoices at the rate of 1½ percent per month (18% per annum), or the maximum rate allowed by law, whichever is less, from the date that payment was first due. Payments shall be applied first to accrued interest and then to unpaid principal. Client agrees to pay Surdex’s fees, costs, and other reasonable expenses, including attorney’s fees, incurred in any efforts to enforce any provision of this Agreement, including efforts to compel payment of past due amounts. If a project is inactive for more than 45 days, Surdex may suspend the services and bill Client for all services performed to date. TAXES If Client does not provide evidence of tax exempt status prior to commencement of any services by Surdex, then Client shall be responsible for any and all taxes in connection with such services. SURDEX’S INSURANCE REQUIREMENTS Surdex shall maintain in force throughout the term of this Agreement insurance of the types and in the minimum amounts set forth below. 1) WORKERS COMPENSATION: Statutory Coverage, including Employer’s Liability with minimum limits of $1,000,000. 2) COMMERCIAL GENERAL LIABILITY: $2,000,000 Combined Single Limit per occurrence for Bodily Injury, Personal Injury, and Property Damages, including Contractual Liability covering Surdex’s indemnification obligations in this Agreement. 3) COMPREHENSIVE AUTOMOBILE LIABILITY: $1,000,000 Combined Single Limit per accident including any auto, all owned autos, hired autos and non-owned autos. 4) PROFESSIONAL LIABILITY: $2,000,000. 5) AIRCRAFT LIABILITY: $10,000,000, if aircraft are employed. 6) VALUABLE PAPERS: $150,000. INDEMNITY Surdex agrees to indemnify and hold Client harmless from and against any and all claims, demands, suits, damages, and costs (including attorney’ fees and cost of defense) due to bodily injury or property damages directly caused by Surdex’s negligence in the performance of services under this Agreement, but only to the extent that such indemnity is covered by Surdex’s CGL or Professional Liability insurance. As a material part of the consideration to Surdex, Surdex assumes all risk of damage to its property or injury to persons, including its agents, contractors and employees in performance of Services hereunder, and Surdex hereby waives all claims in respect thereof against Client, except for any claim arising out of Client’s negligence or willful TECHNICAL PROPOSAL City of Fayetteville 2025 Orthophotography and Impervirous Mapping D A T E : D e c e m b e r 16, 2 0 2 4 P a g e | 8 misconduct. As used in this Section, the term “Client” shall include Client’s employees, agents and contractors, if applicable, and "Surdex" shall include Surdex’s employees, agents and contractors, if applicable. Client agrees to indemnify and hold Surdex harmless from and against any and all claims, demands, suits, damages, and costs (including attorney’ fees and cost of defense) due to bodily injury or property damages directly caused by Client’s negligence. TESTING Client shall independently verify the accuracy of Surdex’s services prior to using or relying on the same (or providing the same to others for any reason), and in an event no later than six (6) months after completion of the services (the “Claim Period”). If Client fails to take commercially reasonable efforts to verify the accuracy of Surdex’s services as required herein, then Client shall be deemed to have waived all claims and rights of recovery against Surdex. RIGHT TO CURE If Client discovers errors in the deliverables within the Claim Period, Client shall promptly notify Surdex, and Surdex shall have the right to correct or repair for ninety (90) days after receipt of Client’s notice (or such longer period if 90 days is insufficient) at Surdex’s sole cost. LIMITATION OF LIABILITY To the fullest extent permitted by law, Surdex’s total aggregate liability to the Client arising out of this Agreement, whether arising in contract, warranty, tort (including negligence), strict liability, or otherwise, is limited to the Total Price paid to Surdex for this contract. In the event of timely notice of any deficiencies, Surdex’s liability extends only to correcting Surdex-related deficiencies and will in no case exceed the original fee, nor will it include any subsequent costs incurred by the client or others; said warranty does not extend to services, data, or control information provided by the client. NOTWITHSTANDING ANYTHING TO THE CONTRARY, NEITHER CLIENT NOR SURDEX SHALL BE LIABLE TO THE OTHER FOR, AND EACH EXPRESSLY WAIVES THE RIGHT TO RECOVER, CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR EXEMPLARY LOSSES OR DAMAGES, WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO LOSSES OF USE, PROFITS, BUSINESS, REPUTATION OR FINANCING. OTHER Any services being provided to Client by Surdex may be terminated by either party upon ten (10) business days’ prior written notice, and in such event Surdex shall be paid by Client for all services performed up to and including the termination date, including reimbursable expenses. FORCE MAJEURE Neither Client nor Surdex shall be liable to the other for damages or delay in performance caused by acts of God, weather, strikes, labor disputes, accidents or any other event beyond the control of the other or its employees and agents. CERTIFICATE OF MERIT Client shall make no claim (whether directly or in the form of a third-party claim) against Surdex unless Client shall have first provided Surdex with a written certification executed by an independent professional licensed in the state in which the Project is located and licensed in the profession to which the claim relates. Such certificate shall: (a) contain the name and license number of the certifier; (b) specify each and every act or omission which the certifier contends constitutes a violation of the standard of care expected of a professional performing professional services under similar circumstances; (c) state in complete detail the basis for the certifier’s opinion that each such act or omission constitutes such a violation; and (d) be provided to Surdex thirty (30) days prior to the presentation of and as a precondition to any such claim, or the institution of any mediation, arbitration, judicial or other dispute resolution proceeding. CONFLICT RESOLUTION AND ARBITRA-TION Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach thereof, that cannot be resolved by the parties and for which the amount in controversy is less than One Hundred Thousand Dollars ($100,000.00) shall be settled by arbitration by the American Arbitration Association in accordance with its Commercial Arbitration Rules and Expedited Procedures, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction over the parties. For any other dispute, controversy or claim arising out of or relating to this Agreement, or the breach thereof, the parties agree to first submit such dispute, controversy or claim to non- binding mediation, with each party to bear its own costs of such mediation and to equally share the costs of any mediator. If such mediation does not successfully resolve TECHNICAL PROPOSAL City of Fayetteville 2025 Orthophotography and Impervirous Mapping D A T E : D e c e m b e r 16, 2 0 2 4 P a g e | 9 all issues, then the parties agree that the state and federal courts located in Virginia shall have jurisdiction and venue over such dispute. This Agreement shall be governed and interpreted in accordance with the laws of the state in which the Project is located, without giving effect to conflicts of laws principles thereof. OWNERSHIP OF WORK PAPERS Surdex agrees that all materials, reports, drawings, studies, specifications, estimates, maps, computer data tapes, computations and other materials prepared by or for Client under the terms of this Agreement shall upon proper payment by Client to Surdex become the property of the Client. However, any processes, procedures, programs, software, or similar practices of Surdex, whether developed prior to or during the project, shall remain the property of Surdex until sold or licensed to Client for its use or use by others for separate compensation. Client shall not alter the same in any manner and shall waive any claim against Surdex and shall, to the fullest extent permitted by law, indemnify, defend, and hold Surdex harmless from any claim or liability for injury or loss arising from unauthorized alteration of Surdex’s work product. CONFIDENTIALITY Surdex shall keep confidential all information obtained from and designated as confidential by Client and shall not divulge any confidential information concerning the Project to any person or entity (other than Surdex’s subcontractors, employees or other persons or entities to the extent necessary to complete the services) unless written approval is granted by the Client or as ordered by a court of competent jurisdiction. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. Should a conflict of terms arise from agreed to provisions, the terms of this agreement shall prevail. EXECUTION Upon signing of this document, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. PROPOSAL City of Fayetteville, Arkansas 2025 Orthophotography and Impervious Mapping SUBMITTED TO SUBMITTED BY Gregory Resz, GISP GIS Manager City of Fayetteville, Arkansas (479) 444-3431 gresz@fayetteville-ar.gov Jack King Business Development Representative Mobile: (601) 405-4070 Office: (636) 368-4400 jack.king@bowman.com 520 Spirit of St. Louis Blvd. Chesterfield, MO 63005 Mailing address: P.O. Box 3980 Chesterfield, MO 63006-3980 Received From Gregory Resz on 1/10/2024 at 9:28AM TECHNICAL PROPOSAL City of Fayetteville 2025 Orthophotography and Impervirous Mapping Surdex is proposing the City contract with us using our contract through the Government Cooperative Purchasing Program, GSA Schedule 70, Contract #47QTCA18D00J5, GSA Special Item Number (SIN) Earth Observation Solutions: 132-41. Surdex agrees to meet the specification provided in the City’s “Request for Bid” for the 2020 Digital Orthophotography. This proposal is a brief understanding of the scope of work and includes a fee schedule for this project. PROJECT AREA The project area includes approximately 56 square miles within the city limits of the City of Fayetteville, located in northwest Arkansas. The exact area of interest (AOI) is shown on the boundary diagram later in this proposal. Prior to mobilization of acquisition assets and production, we will require confirmation of the contractual project limits. DIGITAL AERIAL PHOTOGRAPHY Surdex, a Bowman company’s aircraft will capture aerial photography of your area of interest. Each aircraft is equipped with high-precision digital aerial mapping sensors. The acquisition plan will be designed to achieve photogrammetric accuracies based on the known requirements requested by Fayetteville and generally accepted industry practices. Our image sensors are equipped with forward motion compensation and gyro - mount sensor leveling features. To supplement the required photogrammetric ground control, all aircraft and sensors are equipped with Global Navigation Satellite System (GNSS) navigation and Inertial Navigation System (INS) technology. Our direct digital sensors capture Panchromatic (PAN), Red, Green, Blue (RGB) and near Infrared (IR) bands simultaneously. Processing and delivery of supplemental image bands is available upon request for an additional charge. Acquisition Conditions We will acquire imagery when the sky is free of clouds, cloud shadows and atmospheric haze, generally between 10:00 a.m. and 2:00 p.m. and/or when the sun angle is greater than 30 degrees. GROUND CONTROL SURVEYS We will use existing photo identifiable control points provided by Fayetteville to support geospatial data production for this project. We will design a control plan for Fayetteville to work from. We will perform additional ground surveys to support the increased requirements for 3” imagery and impervious geospatial data production projects. This surveying will be performed to an accuracy and density required to support the mapping project. The American Society of Photogrammetry and Remote Sensing (ASPRS) Positional Accuracy Standards for Digital Geospatial Data defines the accuracy of ground survey points used in the generation of geospatial data products. TRIANGULATION All aerial imagery collected for this project will be processed through an analytical triangulation solution that is controlled to ground survey points. TECHNICAL PROPOSAL City of Fayetteville 2025 Orthophotography and Impervirous Mapping D A T E : D e c e m b e r 1 6 , 2 0 2 4 P a g e | 2 BOUNDARY DIAGRAM TECHNICAL PROPOSAL City of Fayetteville 2025 Orthophotography and Impervirous Mapping D A T E : D e c e m b e r 1 6 , 2 0 2 4 P a g e | 3 ORTHOIMAGERY MAPPING Surdex, a Bowman company will produce digital orthorectified aerial image tiles consistent with the shapefile area of interest (AOI) and tile layout provided by Fayetteville. The orthoimage tiles will be provided at a horizontal scale of 1″=50' at a ground resolution of 3”. Unless specifically requested in writing, we reserve the right to utilize, if available, any existing elevation model deemed suitable for orthorecti fication to meet the contractual accuracy requirements as stated. If suitable elevation data is not available, we will generate a new elevation model using manual and automated photogrammetric techniques. If requested, we will deliver the elevation model used in the orthorectification process. To improve efficiency of client acceptance, we may provide, at its discretion, seamline data for reference. Standard image format shall be tiff and tiff world (.tif/.tfw) and deliverables will be provided on an external hard drive. Additional image formats are available. An additional charge may be required for additional formatting or processing. IMPERVIOUS MAPPING Our technicians will collect visible and identifiable features from the aerial photography that are generally shown on maps at 1”=50’. We will digitize the planimetric features in a 2D environment, following industry accepted practice. Field data collection of planimetric features is not included in this proposal. Planimetric features to be shown include: • building • building under construction • concrete • deck • driveway • golf cart path • home • parking • patio • pool (above ground) • pool (below ground) • road • runway • shoulder • sidewalk NOT to include parking lot planter islands For driveways and parking area polygons, add an attribute for material – the only material to be populated is rocked surfaces TECHNICAL PROPOSAL City of Fayetteville 2025 Orthophotography and Impervirous Mapping D A T E : D e c e m b e r 1 6 , 2 0 2 4 P a g e | 4 PRODUCT ACCURACY Unless otherwise requested, the products provided under this proposal will meet or exceed the American Society for Photogrammetry and Remote Sensing (ASPRS) Accuracy Standards for Digital Geospatial Data horizontal and/or vertical accuracies as listed below. PRODUCT ACCURACIES GSD LIMITING RMSEX,Y RMSER CE95 ALLOWABLE SEAMLINE MISMATCH 3” 0.5’ 0.71’ 1.22’ 1.0’ PRODUCT ACCURACIES MAP SCALE CLASS 1 ACCURACY RMSE CLASS 2 ACCURACY RMSE CLASS 3 ACCURACY RMSE 1”=50’ 0.5 1.0 1.5 To provide an independent means for verifying the project data accuracy, quality assurance check point survey data will be collected within the project area. The check point survey plan will be provided to Fayetteville for review. The surveyor will adhere to the guidelines for independent survey control layout and verification. All map data tiles will be reviewed to verify compliance to the specified accuracy. An RMSE accuracy assessment report for the DEM is provided to show that project data meets accuracy requirements. TECHNICAL PROPOSAL City of Fayetteville 2025 Orthophotography and Impervirous Mapping D A T E : D e c e m b e r 1 6 , 2 0 2 4 P a g e | 5 SCHEDULE The aerial photography will be scheduled immediately upon Fayetteville’s authorization to proceed. A project manager will be assigned to coordinate the production and scheduling of this project. Services will be provided on a mutually agreeable schedule after receipt of the signed copy of this proposal / contract. Both seasonal and daily weather conditions dictate when acceptable data can be captured. Our production and acquisition managers will consider these factors when planning the schedule. APPROXIMATE SCHEDULE / ACTUAL DELIVERY IS DEPENDENT ON WEATHER AND COMPLETION OF CLIENT MILESTONES BEFORE SUBSEQUENT MILESTONES CAN BEGIN. PRELIMINARY SCHEDULE PHASE DATE Aerial Acquisition Target of February 2025 Orthophotography 60 days after acquistion Impervious Mapping June 1, 2025 Delivery FEE SCHEDULE FEE SCHEDULE SERVICES SPECIFICATIONS AND DELIVERABLES PRICE DIGITAL ORTHOIMAGERY 3” GSD color orthoimagery 1”=50’ mapping scale $43,379 IMPERVIOUS MAPPING New Impervious data set $36,841 TOTAL $80,220 FEE SCHEDULE – 6” IMAGERY OPTION SERVICES SPECIFICATIONS AND DELIVERABLES PRICE OPTIONAL 6” GSD color orthoimagery additional 100 sq mi $18,800 Proposal is good for Sixty (60) days from date of proposal. TECHNICAL PROPOSAL City of Fayetteville 2025 Orthophotography and Impervirous Mapping D A T E :D e c e m b e r 1 6 , 2 0 2 4 P a g e |6 The following delivery items are included in the fee schedule: Digital Orthoimagery Survey Report Digital orthoimagery in desired tile and/or mosaic format(s) (e.g., .tif, .sid, JPEG 2000) with supplemental world files where applicable Seamline shapefile FGDC-compliant metadata Mapping scale impervious features in ESRI geodatabase and/or AutoCAD formats FGDC-compliant metadata Terms and Conditions are attached hereto and incorporated into this Proposal by reference. SURDEX, A BOWMAN COMPANY CITY OF FAYETTEVILLE Signature Signature Date 12/16/2024 Date TECHNICAL PROPOSAL City of Fayetteville 2025 Orthophotography and Impervirous Mapping D A T E : D e c e m b e r 1 6 , 2 0 2 4 P a g e | 7 TERMS AND CONDITIONS The following terms and conditions are incorporated in and together with the proposal become a part of the contract between Client and Surdex, a Bowman company (“Surdex”). Both parties agree as follows: STANDARD OF CARE The standard of care for all services performed by Surdex for Client shall be the care and skill ordinarily used by members of the applicable profession practicing under similar circumstances at the same time and locality of the Project. ACCESS/CLIENT RESPONSIBILITIES Client shall arrange for access to and make all provisions for Surdex to enter upon all public and private lands as required for Surdex to perform its services. Client shall inform Surdex of any special criteria or requirements related to the Project or Scope, and shall timely and at its cost furnish any and all information in its possession relating to the Project, including reports, plans, drawings, surveys, deeds, topographical information and/or title reports. Surdex shall bear no responsibility for errors, omissions, inaccuracy or incompleteness in third-party information or additional costs arising out of its reliance upon such third-party information supplied by Client. INVOICES / PAYMENT SCHEDULE Client is solely responsible for payment of services; payment will in no way be conditional upon Client receipt of payment from another party. Payment schedule is to be: • 60% due upon completion of acquisition, 40% due upon final delivery. TERMS / INTEREST / LATE PAYMENT Payment shall be due 30 days after receipt of an invoice. Interest shall accrue on past due invoices at the rate of 1½ percent per month (18% per annum), or the maximum rate allowed by law, whichever is less, from the date that payment was first due. Payments shall be applied first to accrued interest and then to unpaid principal. Client agrees to pay Surdex’s fees, costs, and other reasonable expenses, including attorney’s fees, incurred in any efforts to enforce any provision of this Agreement, including efforts to compel payment of past due amounts. If a project is inactive for more than 45 days, Surdex may suspend the services and bill Client for all services performed to date. TAXES If Client does not provide evidence of tax exempt status prior to commencement of any services by Surdex, then Client shall be responsible for any and all taxes in connection with such services. SURDEX’S INSURANCE REQUIREMENTS Surdex shall maintain in force throughout the term of this Agreement insurance of the types and in the minimum amounts set forth below. 1) WORKERS COMPENSATION: Statutory Coverage, including Employer’s Liability with minimum limits of $1,000,000. 2) COMMERCIAL GENERAL LIABILITY: $2,000,000 Combined Single Limit per occurrence for Bodily Injury, Personal Injury, and Property Damages, including Contractual Liability covering Surdex’s indemnification obligations in this Agreement. 3) COMPREHENSIVE AUTOMOBILE LIABILITY: $1,000,000 Combined Single Limit per accident including any auto, all owned autos, hired autos and non-owned autos. 4) PROFESSIONAL LIABILITY: $2,000,000. 5) AIRCRAFT LIABILITY: $10,000,000, if aircraft are employed. 6) VALUABLE PAPERS: $150,000. INDEMNITY Surdex agrees to indemnify and hold Client harmless from and against any and all claims, demands, suits, damages, and costs (including attorney’ fees and cost of defense) due to bodily injury or property damages directly caused by Surdex’s negligence in the performance of services under this Agreement, but only to the extent that such indemnity is covered by Surdex’s CGL or Professional Liability insurance. As a material part of the consideration to Surdex, Surdex assumes all risk of damage to its property or injury to persons, including its agents, contractors and employees in performance of Services hereunder, and Surdex hereby waives all claims in respect thereof against Client, except for any claim arising out of Client’s negligence or willful TECHNICAL PROPOSAL City of Fayetteville 2025 Orthophotography and Impervirous Mapping D A T E : D e c e m b e r 1 6 , 2 0 2 4 P a g e | 8 misconduct. As used in this Section, the term “Client” shall include Client’s employees, agents and contractors, if applicable, and "Surdex" shall include Surdex’s employees, agents and contractors, if applicable. Client agrees to indemnify and hold Surdex harmless from and against any and all claims, demands, suits, damages, and costs (including attorney’ fees and cost of defense) due to bodily injury or property damages directly caused by Client’s negligence. TESTING Client shall independently verify the accuracy of Surdex’s services prior to using or relying on the same (or providing the same to others for any reason), and in an event no later than six (6) months after completion of the services (the “Claim Period”). If Client fails to take commercially reasonable efforts to verify the accuracy of Surdex’s services as required herein, then Client shall be deemed to have waived all claims and rights of recovery against Surdex. RIGHT TO CURE If Client discovers errors in the deliverables within the Claim Period, Client shall promptly notify Surdex, and Surdex shall have the right to correct or repair for ninety (90) days after receipt of Client’s notice (or such longer period if 90 days is insufficient) at Surdex’s sole cost. LIMITATION OF LIABILITY To the fullest extent permitted by law, Surdex’s total aggregate liability to the Client arising out of this Agreement, whether arising in contract, warranty, tort (including negligence), strict liability, or otherwise, is limited to the Total Price paid to Surdex for this contract. In the event of timely notice of any deficiencies, Surdex’s liability extends only to correcting Surdex-related deficiencies and will in no case exceed the original fee, nor will it include any subsequent costs incurred by the client or others; said warranty does not extend to services, data, or control information provided by the client. NOTWITHSTANDING ANYTHING TO THE CONTRARY, NEITHER CLIENT NOR SURDEX SHALL BE LIABLE TO THE OTHER FOR, AND EACH EXPRESSLY WAIVES THE RIGHT TO RECOVER, CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR EXEMPLARY LOSSES OR DAMAGES, WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO LOSSES OF USE, PROFITS, BUSINESS, REPUTATION OR FINANCING. OTHER Any services being provided to Client by Surdex may be terminated by either party upon ten (10) business days’ prior written notice, and in such event Surdex shall be paid by Client for all services performed up to and including the termination date, including reimbursable expenses. FORCE MAJEURE Neither Client nor Surdex shall be liable to the other for damages or delay in performance caused by acts of God, weather, strikes, labor disputes, accidents or any other event beyond the control of the other or its employees and agents. CERTIFICATE OF MERIT Client shall make no claim (whether directly or in the form of a third-party claim) against Surdex unless Client shall have first provided Surdex with a written certification executed by an independent professional licensed in the state in which the Project is located and licensed in the profession to which the claim relates. Such certificate shall: (a) contain the name and license number of the certifier; (b) specify each and every act or omission which the certifier contends constitutes a violation of the standard of care expected of a professional performing professional services under similar circumstances; (c) state in complete detail the basis for the certifier’s opinion that each such act or omission constitutes such a violation; and (d) be provided to Surdex thirty (30) days prior to the presentation of and as a precondition to any such claim, or the institution of any mediation, arbitration, judicial or other dispute resolution proceeding. CONFLICT RESOLUTION AND ARBITRA-TION Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach thereof, that cannot be resolved by the parties and for which the amount in controversy is less than One Hundred Thousand Dollars ($100,000.00) shall be settled by arbitration by the American Arbitration Association in accordance with its Commercial Arbitration Rules and Expedited Procedures, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction over the parties. For any other dispute, controversy or claim arising out of or relating to this Agreement, or the breach thereof, the parties agree to first submit such dispute, controversy or claim to non- binding mediation, with each party to bear its own costs of such mediation and to equally share the costs of any mediator. If such mediation does not successfully resolve TECHNICAL PROPOSAL City of Fayetteville 2025 Orthophotography and Impervirous Mapping D A T E : D e c e m b e r 1 6 , 2 0 2 4 P a g e | 9 all issues, then the parties agree that the state and federal courts located in Virginia shall have jurisdiction and venue over such dispute. This Agreement shall be governed and interpreted in accordance with the laws of the state in which the Project is located, without giving effect to conflicts of laws principles thereof. OWNERSHIP OF WORK PAPERS Surdex agrees that all materials, reports, drawings, studies, specifications, estimates, maps, computer data tapes, computations and other materials prepared by or for Client under the terms of this Agreement shall upon proper payment by Client to Surdex become the property of the Client. However, any processes, procedures, programs, software, or similar practices of Surdex, whether developed prior to or during the project, shall remain the property of Surdex until sold or licensed to Client for its use or use by others for separate compensation. Client shall not alter the same in any manner and shall waive any claim against Surdex and shall, to the fullest extent permitted by law, indemnify, defend, and hold Surdex harmless from any claim or liability for injury or loss arising from unauthorized alteration of Surdex’s work product. CONFIDENTIALITY Surdex shall keep confidential all information obtained from and designated as confidential by Client and shall not divulge any confidential information concerning the Project to any person or entity (other than Surdex’s subcontractors, employees or other persons or entities to the extent necessary to complete the services) unless written approval is granted by the Client or as ordered by a court of competent jurisdiction. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. Should a conflict of terms arise from agreed to provisions, the terms of this agreement shall prevail. EXECUTION Upon signing of this document, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns.