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HomeMy WebLinkAbout06-07 RESOLUTIONRESOLUTION NO. 06-07 A . A RESOLUTION TO APPROVE A CONTRACT WITH THE NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION TO PURCHASE GIS DATA FOR 126 SQUARE MILES WITHIN AND AROUND THE CITY OF FAYETTEVILLE FOR $17,892.00 NOW, THEREFORE, 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 approves the Letter of Intent, Attachment "D" to the Contract for Benton and Washington County's Aerial Imagery Project in the amount of $17,892.00. yoRTR ,,,,, 91'& r •• *01 Oc'G 53 4S a as Cn FAYETTEVILLE; .�` ,;-pJ;° ;C:kANSP�"J=.tea ti NfliVcroA Co`�,. PASSED and APPROVED this 16th day of January, 2007. APPROVED: By:.. I "j// DAN COO T Y, Mayo ATTEST: By: SOI3DRA SMITH, City Clerk/Treasurer i�l�uwuu„,, • • • Letter of Intent - to the Northwest Arkansas Regional Planning Commission The City of Fayetteville would like to acquire two foot contour lines generated from the 2007 Aerial imagery as provided in the contract between the Northwest Arkansas Planning Commissionby and Pinnacle Mapping Technologies, Inc., dated November 20, 2006. The City of Fayetteville would like to participate in the Phase II, Option lb . under attachement D in that contract. This option stipulates the creation of a Digital Elevation Model and 2 foot contours at a price of $142.00 per Square Mile. The City of Fayetteville would like to have 126 Square Miles of contours created covering contiguous area shown on the attached map for a total cost of $17,892.00 Dan Coody, Mayor • Date 7 2 '? ATTACHMENT D COMPENSATION AND TIME TABLE OF COMPLETION Base Bid Cost - Phase I The following item is the scheduled product for the contract. 12"and 6" resolution based on map and shapefiles provided $_159 345 011 (Approximately 1500 sq mi of 6', approximately 360 sq mil of 12") At a minimum, digital orthos shall be delivered in the following formats: Geo -tiff (projection information embedded in the tiff image header) a tfw for each image shall be supplied as well in quarter -quarter -quarter quadrangle format for 6" imagery and quarter -quarter quad for 12" imagery. i. Mr. SID generation 2.0 (compressed 20:1) and "world file" (sdw) for each image shall be supplied in a USGS quarter quad format for 6" imagery and quad format for 12" imagery. Mr. SID generation 2.0 mosaic of each individual county with a one image individual county overlap (an sdw for each image shall be supplied as well) compressed approximately 50:1. iv. Mr. SID generation 2.0 mosaic of entire project area and world file approximately 50:1 with a minimum number of tiles v. Additional formats may be requested. Contract prices include all applicable taxes. Phase II - ADDITIONAL DELIVERABLES Option 1 - Digital elevation model, 2' contours per square mile a. Cost (less than 20 continuous sq mi) $ 145 ao per Sq Mi b. Cost (20 or more continuous sq mi) $ 142.11Q_ per Sq Mi Phase III — ADDITIONAL DELIVERABLES Option 2 - Planimetric data according to specifications a. Cost (less than 20 continuous sq mi) $ 432.00 per Sq Mi b. Cost (20 or more continuous sq mi) $ 430 00 per Sq Mi Phase II and III Combined Option 3 - Planimetric data according to specifications and contours a. Cost (less than 20 continuous sq mi) $ 450.00 per Sq Mi b. Cost (20 or more continuous sq mi) $ 446.00 per Sq Mi Phase II and/or Phase III items can be added as an addendum for a period of 180 days upon signing of the contract. ( .■� d ■�,; !_ @i.. I# f_ - m �. 777 I _ �t-��w #y 7 ¥ � �c@ ,• �� k��■� A\i 2 § 0 ) wsok 0 0 2 a .1 John Goddard Submitted By • City of Fayetteville Staff Review Form City Council Agenda Items or Contracts 1- R10-0'7 City Council Meeting Date Information Technology Division Action Required: R6s 4/.� /67 /4 ©- 67 t. FISD Department Approval of agreement with Northwest Arkansas Regional Planning Commission, Pupose: Intent to purchase 2 foot contours for 126 Square Miles within and around the City of Fayetteville. Cost for this product is $17, 892.00 $17,892.00 Cost of this request 4470-9470-5801.00 Account Number 02055 Project Number Budgeted Item X 122,629.00 Category / Project Budget Funds Used to Date $ 122,629.00 Remaining Balance Budget Adjustment Attached Geographic Information System Program Category / Project Name Other Capital Improvements Program / Project Category Name Sales Tax Capital Improvements Fund Name Department Director City-AttarC Finance and Internal Sery ce Director (- ►i;—bi Date x-16-67 Date Date 44? Mayo ��11"" Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in Mayor's Office Comments: RESOLUTION NO. A RESOLUTION TO APPROVE A CONTRACT WITH THE NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION TO PURCHASE GIS DATA FOR 126 SQUARE MILES WITHIN AND AROUND THE CITY OF FAYETTEVILLE FOR $17,892.00 NOW, THEREFORE, 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 approves the Letter of Intent, Attachment "D" to the Contract for Benton and Washington County's Aerial Imagery Project in the amount of $17,892.00. PASSED and APPROVED this 1601 day of January, 2007. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk CONTRACT `Benton and Washington County's Aerial Imagery Project 1 This Agreement, made and entered into this 20 day of November, 2006, by and between the/ Northwest Arkansas Regional Planning Commission, hereinafter referred to as NWARPC, and Pinnacle Mapping Technologies, Inc., hereinafer referred to as "Contractor," WITNESSETH: i 1. Contract Documents. The following listed attachments/documents are hereby made a part of this agreement set forth word for word herein. a. Attachment A. General Conditions ofthe Contract Scope of Work b. Attachment B. Scope of Work c. Attachment C. Deliverables d. Attachment D. Time Table of Completion and Compensation 2. Contractor Services. Contractor agrees to perform such services as are set forth in the contract documents. 3. Compensation. NWARPC agrees to compensate contractor for the services performed, in an amount not to exceed that compensation as set forth in Attachment D. 4. Time is of the essence in the execution of this contract. Contractor expressly recognizes that in the performance of their obligations, NWARPC and partners, is relying on timely performance and will schedule operations in reliance upon timely performance by contractor and may sustain substantial losses by reason of any failure of timely performance. 5. This Agreement, including Attachments and proposal is the entire agreement of the parties. The Agreement may be modified only by written agreement signed by both parties. In Witness Whereof, the parties have hereunto set their hand this day of November 20, 2006. NO HWESTARKANSAS REGIO ' L PLAN NG COMMISSION By: • Title: N ( C\r (- ATTACHMENT A'' GENERAL CONDITIONS OF THE CONTRACT 1.0 SCOPE. These General Conditions will be a part of the contract. The work will be performed and completed in full compliance therewith. 2.0 DEFINITIONS. The NWARPC referred to herein is the NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION. The Contractor is the firm or corporation with whom the NWARPC has entered into the contract. 3.0 JNTENT OF CONTRACT DOCIIMENTS. The contract documents comprise the entire agreement between NWARPC and Contractor concerning the work. They may be altered only by a Change Order that is executed by both parties in writing. 4.0 COMMENCEMENT. In order to allow the completion of this project within needs of the NWARPC, the Contractor is required to commence work under this contract within ten (10) calendar days of receipt of Notice to Proceed of this contract. In order to meet this schedule, the Contractor is required to deliver executed contracts, and certificates of insurance to the NWARPC within ten (10) calendar days of receipt of Notice to Proceed of the contract. 5.0 SCHEDULE. The planned project schedule is as follows: November 20, 2006 November 20, 2006 November 20, 2006 March 1, 2007 March 15, 2007 April 15, 2007 June 1, 2007 July 1, 2007 Contractor to deliver executed contracts, and certificates of insurance. Conduct pre -work conference. Approval of Contract by NWARPC Issue Notice to Proceed Deliver Orthophotography Washington County Deliver Orthophotography Benton County Deliver all Ortho Products, Data Models, Etc. Delivery ofContour Data(subject to addendum for specific entity) Delivery of Planimetric Data(subject to addendum for specific entity) • ATTACHMENT A GENERAL CONDITIONS 1.0 Notice to Proceed. The Contractor shall commence work under the terms of this contract within ten (10) calendar days of receipt of Notice to Proceed issued by the NWARPC. 2.0 Standard of Performance. Accuracy, thoroughness and scheduled progress of this work are essential in the execution of this contract. Contractor is charged with the duty to make himself/herself aware of the difficulties involved in its execution and of contingencies which may arise. Further, Contractor shall ensure that his personnel, plant, equipment, transportation facilities, and supply of materials are adequate to guarantee full compliance with all provisions of the contract. 3.0 Delivery of Work. The Contractor shall deliver work to the NWARPC as soon after completion as possible to allow prompt inspection so that any nonconformity with the specifications can be detected at the earliest possible date and corrected as other work progresses. Priority shall be given to ortho-photoquad production and delivery for Washington County. 4.0 Completion of Work. Completion of work shall include acceptable performance by the Contractor, as determined by the NWARPC, and shall include delivery of all aerial photography. index maps, computations, reports, DEM/DTM, contour data, backup and all other data and material compiled or assembled as part of this contract. 5.0 Deliveries. Each delivery will be hand delivered or mailed to John McLarty, GIS Coordinator, 1311 Clayton St, Springdale, Arkansas 72762. Deliveries will be accompanied by a properly numbered, dated, and signed letter or shipping form, in duplicate, listing the materials being transmitted. 6.0 Contractor Liability Insurance. The Contractor will purchase and maintain such comprehensive general liability and other insurance as to provide protection from all claims set forth below which may arise out of or result from Contractor's performance of the work and Contractor's other obligations under the contract documents, whether such performance is by Contractor, by any Subcontractor, by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: a. Claims under workers' or workmen's compensation, disability benefits and other similar employee benefit acts. b. Claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. c. Claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employee. d. Claims for damages, insured by personal injury liability coverage which are sustained (1) by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or (2) by any other person for any other reason. • e. Claims for damages, other than to the work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom. f. Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The insurance required by this section will include the specific coverage and be written for not less than the limits of liability and coverage provided for herein or required by law, whichever is greater. The comprehensive general liability insurance will include completed operations insurance. All such insurance will contain a provision that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days prior written notice has been given to the NWARPC. All such insurance will remain in effect until final payment and at all times thereafter when Contractor will maintain such completed operations insurance for at least one year after final payment and furnish NWARPC with evidence of continuation of such insurance at final payment and one year thereafter. 6.1 Contractual Liability Insurance. The comprehensive general liability insurance required above will include contractual liability insurance applicable to Contractors. 6.2 Insurance Amount As required by the previous Sections, Contractor's General Liability Insurance and Vehicle Liability Insurance shall be in an amount not less than $1,000,000.00 for injuries, including accidental death to any one person, and subject to the same limit for each person, in an amount not less than $1,000,000.00 due to one accident, and Contractor's Property Damage Insurance in an amount not less than $1,000,000.00. The Contractor shall either (1) require each of his subcontractors to procure and to maintain during the life of his subcontract, Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance of the type and in the same amounts as specified in the preceding paragraph, or (2) insure the activities of his subcontractors in his own policy. 6.3 Acceptance of insurance. If NWARPC has any objection to the coverage afforded by or other provision of the insurance required to be purchased and maintained by Contractor in accordance with Section 6.0 on the basis of it not complying with the contract document, NWARPC will notify Contractor in writing thereof within ten (10) days of the date of delivery. The Contractor shall provide to the NWARPC such additional information in respect of insurance provided by him as the other may reasonably request. 7.0 Superintendence. The Contractor shall designate an official with full supervisory and disciplinary authority over all personnel assigned under this contract This official will be responsible for maintaining fully staffed and equipped forces and for affording liaison between Contractor and the NWARPC. 7.1 Personnel. The photogrammetry and mapping personnel furnished under this contract will be qualified and capable of performing their assigned duties. The Contractor will remove from the job any employee who does not perform work in an accurate, expeditious, and workmanlike manner, or whose removal is requested by the NWARPC. 7.2 Site Investigation and Representations. The contractor assumes responsibility of all investigations as to the nature and location of the work, the general local condition, particularly those bearing upon transportation and the availability of roads and airports, the uncertainties of weather and flood stages, the topography and conditions of the ground, the character of equipment and facilities needed preliminary to and during prosecution of the work, and all other matters upon which information is reasonably attainable and which can in any way affect the work or the cost thereof under this contract. Any failure by the Contractor to acquaint himself with all the available information will not relieve him of responsibility for estimating properly the difficulty or cost of successfully performing the work. The NWARPC assumes no responsibility for understanding or representation made by any of its officers or agents during or prior to the execution of this contract, unless (1) suchunderstanding or representations are expressly stated in the contract and (2) the contract expressly provides that the responsibility thereof is assumed by the NWARPC. 7.3 Quality of Materials. All materials, supplies, or articles required for work which are not covered by detailed specifications herein shall be standard products of reputable manufacturer and entirely suitable for the purpose. 8.0 LAWS AND REGULATIONS. Contractor shall give all notices and comply with all laws, ordinances, rules, and regulations applicable to the work. If Contractor observes that the Specifications are at variance therewith, Contractor shall give NWARPC prompt written notice thereof, and any necessary changes will be made by an appropriate modification. 8.1 Liability of the Contractor. The Contractor will be responsible for ensuring that his employees strictly observe the laws and ordinances of the United States, the State of Arkansas. Washington County, Benton County, and the Municipalities affecting operations under the contract. He will comply with the laws of the United States and of the various states as to the aircraft operations and the licensing of pilots, mechanics, and other personnel. It is further understood and agreed that the Contractor assumes full responsibility for the safety of his employees, plants, and materials. The Contractor will assume all risks in connection with performance and delivery of the work, and will be liable for and save the NWARPC harmless from any and all damages to persons and properties. Contractor agrees to bear all risk of loss until NWARPC accepts the work. Breach of this contract by either party shall have no effect on the provisions of this contract allocating risk or loss or damage. The personnel furnished under this contract will be qualified and capable of performing their assigned duties. The Contractor will remove from the job any employee who does not perform work in an accurate expeditious and workmanlike manner, or whose removal is requested by the NWARPC. 8.2 Right -of -Entry. The Contractor will obtain all rights -of -entry and work permits as may be necessary for access to or performance of work upon properties not owned or subordinated to such rights by the NWARPC. 8.3 Subcontractors. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relating to this contract, to insure fulfillment of all contractual provisions by subcontractors. If for sufficient reasons, at any time during the process of work, the Contracting Official determines that any Subcontractor is incompetent or is not performing the subcontract work in an acceptable manner. he will notify the Contractor in writing accordingly and immediate steps will be taken by the Contractor to obtain acceptable performance or for cancellation of such subcontract. Subletting by subcontractors will be subject to the same requirements as the Contractor. Nothing contained in this contract will be construed to create any contractual relation between any subcontractor and the NWARPC. 8.4 Safety and Protection. Contractor will be responsible for initiating and supervising all safety precautions and programs in connection with the work. Contractor will take all necessary precautions for the safety of, and will provide the necessary protection to prevent damage, injury or loss to: a. All employees on the work and other persons who may be affected thereby; b. All the work and all materials to be incorporated therein, whether in storage on or off the site; c. Other property at the sites or adjacent thereto, including, but not limited to, trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities; and d. Contractor will comply with all applicable laws, ordinances, rules, regulations, and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury, or loss; and will erect and maintain all necessary safeguards for such safety and protection. 8. 5 Controlling Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of Arkansas. Contractor shall comply with all applicable laws, ordinances and codes of the U.S. Govemment, the State of Arkansas, and the City and jurisdictions in which work shall be performed. The parties agree that venue for any alleged breach of this Agreement shall be in Benton County, Arkansas. If any provision of this Agreement conflicts with any law of the State of Arkansas or requirement imposed by law or regulation upon Counties or County Officials in the state of Arkansas, then the Arkansas law controls, including but not limited to, County Purchasing laws (Ark. Code Ann. Sections 14-22- 101 et seq.) and the Freedom of Information Act (Ark Code Ann. Sections 25-19-101 et seq ) 9.0 INDEMNIFICATION. To the fullest extent permitted by law, Contractor shall indemnify and hold harmless NWARPC and its agents and employees from and against all claims, damages, losses and expenses including, but not limited to, attorneys' fees arising out of or resulting from the performance of work, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom and (b) is caused in whole or in part by any act or omission of Contractor. This clause is not to be construed in any form or manner to waive any Tort Immunity set forth under Arkansas Law 9.1 In any and all claims against NWARPC or any of its agents or employees by any employee of Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation herein will not be limited in any way by the amount or type of damages, compensation or benefits payable by or for Contractor or any Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 9.2 Each of the provisions contained hereinabove requiring indemnification of NWARPC and its agents and employees shall apply with equal force and effect to require Contractor to indemnify any county or municipal government, as well as the officers, agents or employees of any such county or municipal government, in Benton and Washington County, Arkansas. This provision does not waive any tort immunity enjoyed by said governments, their officers, agents or employees. 10.0 CHANGE ORDERS Without invalidating the agreement, NWARPC may at any time propose additions, deletions or revisions in the work; these will be authorized by Change Orders approved and signed by both parties. Upon receipt of a Change Order, Contractor will proceed with the work involved. All such work will be executed under the applicable conditions of the contract documents. If any Change Order causes an increase or decrease in the contract price or an extension or shortening of the contract time, an equitable adjustment will be made subject to approval by the NWARPC's governing body or authorized representative. NWARPC may authorize minor changes in the work not involving an adjustment in the contract price or the contract time, which are consistent with the overall intent of the contract documents. These may be accomplished by a field order and will be binding on NWARPC, and also on Contractor who will perform the change promptly. If a field order justifies a change in the contract price or contract time, a change order shall be required. 10.1 Change of Contract Price. The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to Contractor for performing the work. All duties, responsibilities and obligations assigned to or undertaken by Contractor shall be changed only at his expense without change in the contract price. The Contract Price may only be changed by a Change Order executed by both parties. Any request or proposal for an increase in the contract price will be based on written notice delivered to NWARPC within fifteen (15) days of the occurrence of the event giving rise to the claim. Notice of the amount of the claim with supporting data will be delivered within forty- five (45) days of such occurrence unless NWARPC allows an additional period of time to ascertain accurate cost data. 10.2 Change of the Contract Time. The Contract Time may only be changed by a Change Order. Any request or proposal for an extension in the Contract Time will be based on written notice delivered to NWARPC within fifteen (15) days of the occurrence of the event giving rise to the claim. Notice of the extent of the request or proposal with supporting data will be delivered within forty-five (45) days of such occurrence unless NWARPC allows an additional period of time to ascertain more accurate data. Any change in the Contract Time resulting from any such claim will be incorporated in a Change Order, approved by both parties. 11.0 WARRANTY AND GUARANTEE Contractor warrants and guarantees to NWARPC that all work will be in accordance with the contract documents and will not be defective. Prompt notice of all defects will be • given to Contractor. All defective work may be rejected, corrected or accepted with an appropriate reduction in the contract price. 11.1 One Year Correction Period. If, within one year after the date of substantial completion or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the contract documents or by any specific provision of the contract documents, any work is found to be defective. Contractor shall promptly, without cost to NWARPC and in accordance with NWARPC's written instructions, correct such defective work. If Contractor does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, NWARPC may have the defective or rejected work replaced, and all direct and indirect costs of such correction, removal and replacement, including compensation for additional professional services, will be paid by Contractor. 12.0 LIQUIDATED DAMAGES. It is hereby understood and mutually agreed, by and between the Contractor and NWARPC, that the date of beginning and the time for completion as specified in the contract of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract will be commenced on a date to be specified in the Notice to Proceed. The Contractor agrees that said work will be prosecuted regularly, diligently. and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. 12.1 If the said Contractor should neglect, fail or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the NWARPC, then the Contractor does hereby agree, as a part of consideration for the awarding of this contract, to pay the NWARPC the amount specified in Attachment C, not as a penalty but as liquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day that the Contractor will be in default after the time stipulated in the contract for completing the work. The said amount is fixed and agreed upon by and between the Contractor and the NWARPC because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the NWARPC would in such event sustain, and said amount is agreed to be the amount ofdamage which the NWARPC and partners would sustain. 13.0 TERMINATION AND ASSIGNMENT. The NWARPC reserves the right to terminate this contract at any time with 30 days notice. If the contractor is terminated, payment will be made to Contractor in the amount sufficient to compensate Contractor for actual work performed. This contract shall not be assigned without the express written approval of the NWARPC. In the event that any one or more of the provisions contained in this Agreement shall, for any reason, not be enforced or be held to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement. but this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 14.0 PROGRESS REPORT. The Contractor shall submit a bi-weekly progress report to the NWARPC on or before theist and 15th day of each month. The reports will summarize the status of each phase of the project and the progress on each phase of the project during the previous month. 15.0 PAYMENT. Payment requests may be made by the contractor on a necessary basis in accordance with Attachment D. Payment requests must be submitted by the 10th day of the month following the month(s) in which the work was completed. The percentage of work on which payment is requested shall coincide with the progress report and schedule contained in Attachment D. The Contractor shall submit pertinent data to support the pay request. The NWARPC may request additional data to support the payment request and/or may visit the Contractor's place of business to inspect the work product. Invoices shall be prepared and submitted to Northwest Arkansas Regional Planning Commission. Attn: John McLarty, 1311 Clayton Street. Springdale, AR 72762. Products included under the contract shall be delivered on a schedule to be agreed upon with NWARPC representatives. Upon acceptance of each product by the NWARPC, the Contractor may submit invoices for payments in accordance with a schedule to be negotiated. The NWARPC will evaluate and accept or reject products for the purposes of payment and determination of liquidated damages or bonus within 45 calendar days of receipt of the deliverable products. The NWARPC will remit payment within 45 calendar days of approved final product. Payments will be made for accepted products only, and will not be made for work in progress. NWARPC inay refuse to pay in whole or any part of any request for payment if, in the N WARPC's opinion, it would be incorrect to make such payment to the Contractor because subsequently discovered evidence or the results of subsequent inspections indicate that previous payments made were excessive and/or to protect NWARPC from loss because: a. The work is defective or completed work has been damaged, requiring correction or replacement, b. Written claims have been made against NWARPC or liens have been filed in connection with the work, c. The contract price has been reduced because ofmodification(s), d. NWARPC has been required to correct defective work or complete the work, e. Of Contractor's unsatisfactory prosecution of the work in accordance with the contract documents, or f. Of Contractor's failure to make payments to subcontractors, or for labor, materials, or equipment. • 16.0 BILLING Billings shall be submitted in such a form to indicate the phase to which a charge applies and reference the appropriate cost estimate matrix. 17.0 PROPRIETARY WORK PRODUCT. All work products of this contract are proprietary and are the property of the NWARPC and its partners. It may not be utilized for any purpose except the fulfillment of this contract without written permission from the NWARPC. 18.0 PERFORMANCE OF WORK. All work related to this project must be performed in the United States. Procedures described in the response proposal from Contractor will be followed and adhered to in every manner. ATTACHMENT B SCOPE OF WORK SECTION 19 19.0 Scope. The work included under this section of the specifications consists on overview of the project scope of approximately one thousand eight hundred sixty +1- (1860) square miles. 19.1 Introduction. The purpose of this contract is to provide digital color and color infrared ortho photography and related product(s) for an approximately 1,860 square mile area covering Benton, Washington and a portion of Carroll Counties in Arkansas. This contract also includes an optional delivery of Digital Elevation/Terrain Model(s) (DEM/DTM), Contours, and/or Planimetrics. Only areas flown at 6 inch will be available for this option. This contract outlines the minimal functional and technical requirements required of contractor to perform work. This project includes 6" and 12" photography with all of Benton County, Carroll County and approximately 2/3's of Washington County being in 6" resolution. 19.2 Geographic Area. The project area is approximately 1,860 square miles. This includes all of Benton and Washington Counties and a small portion of Carroll County located in the state of Arkansas. The Carroll County area around Beaver Lake and park areas will be included in Benton County's data and hereinafter referred to as Benton County. Shapefile of project area including delineation of 12" and 6" project areas will be provided by NWARPC. 19.3 Statement of Work. The NWARPC desires to have aerial photography obtained, orthorectified and delivered in accordance with the specifications described herein. Digital elevation models (DEMs) will be provided. The NWARPC also has included an optional section for digital elevation data, contour derivatives and planimetric data. The orthophotos are intended to support a host of geographic information needs including but not limited to: road (centerline) development and inventory, property analysis and assessment, shoreline management, etc. Should a digital elevation model, contours, or planimetric data be included as an addendum to the contract. they will need to support hydrologic studies related to flood plain, storm water mapping, site design, etc. All information shall be delivered in accordance with the Federal Emergency Management Agency (FEMA) specifications and any other standards specified herein. These technical specifications reflect the methodologies the NWARPC believes should be utilized to provide the quality and accuracy of the end -products they require. We realize, however, that technologies are continually changing, and for that reason are relying on the Contractor to provide the best product to meet the needs of the NWARPC. The DEM that will be provided was captured by Airborne Light Detection and Ranging (LiDAR) and is acknowledged by FEMA as one method for gathering digital elevation data for hydraulic modeling of floodplains, digital terrain maps, etc. However, FEMA's Guidelines and Specifications for Flood Hazard Mapping Partners notes that LiDAR systems may not be able to gather all of the data required, and that it is necessary to supplement it by other means. We believe this data requires supplements of additional breaklines mass points, etc through a means such as stereo compilation and further defining surface features. The contractor will be responsible for updating the DEM as necessary for orthorectifcation and if additional contour and planimetric data is required significant supplements will be required. The contractor shall execute and complete all work required by the contract in conformance with these specifications and any contractual modifications or additions to these specifications. The contract shall be completed within a maximum of 120 calendar days for digital ortho photo data products upon execution of a signed contract. Optional products delivery will be negotiated at time of contract addendum(s). Costs for enhancing the digital elevation model to support topographic mapping, planimetric data and the generation of contours are included in this contract; however, the NWARPC reserves the right to negotiate for the capture of digital elevation/terrain models, planimetric or contours in this contract, as an addendum to this contract or to rebid the topographic production work at a later date. Due to this option all aerial triangulation, stereo compilation, digital terrain, digital elevation, gps, imu, etc. data and models are required as a deliverable. It is expected that all optional products produced from this project meet 1"=100' scale accuracy for the 6 inch pixel orthos and 1"=200' scale accuracy for the 12 inch pixel orthos. Digital ortho products and by-products must meet 7.6 feet horizontal accuracy at a 95% confidence level and a 1"=200' mapping scale (according to NMAS) and 3.3 feet horizontal accuracy at a 95% confidence level for 1"=100' scale for areas where the contour or planimetric option has been exercised by January 15, 2007. National Standards for Spatial Data Accuracj(NSSDA) test will be used to verify acceptance of final products. The services and products sought by this procurement shall be accomplished under the direct supervision of an active American Society for Photogrammetry and Remote Sensing (ASPRS) Certified Photogrammetrist. The contractor is required to (a) furnish all tools, equipment, supplies, supervision, transportation. and other execution accessories, services, and facilities; (b) furnish all materials, supplies, and equipment specified and required to be incorporated in and form a permanent part of the completed work; (c) provide and perform all necessary labor; and (d) execute and complete all specified work to the satisfaction of the NWARPC in accordance with good technical practice, with due diligence, and in accordance with the requirements, stipulations, provisions, and conditions of this document and the resultant contract. Products included under the contract shall be delivered on a schedule described herein. Upon acceptance of each product by the NWARPC, the Contractor may submit invoices for payments in accordance with a schedule in Appendix C. The NWARPC will evaluate and accept or reject products for the purposes of payment within 45 calendar days of receipt of the deliverable products. The NWARPC will remit payment within 45 calendar days of approved final product. Payments will be made for accepted products only, and will not be made for work in progress. 19.4 Invoices. Invoices shall be prepared and submitted to Northwest Arkansas Regional Planning Commission, Attn: John McLarty, 1311 Clayton Street, Springdale, AR 72762. 19.5 Services and Supplies. The services and supplies to be furnished under this contract are summarized as follows: 1. Ground control 2. Digital Terrain/Elevation Model (DTM/DEM) 3. Digital orthophotography 4. Contours 5. Planimetric Data These products will include all deliverables as outlined in Attachment C. 19.6 Contract Term. This contract pricing is valid for 180 calendar days from the contract signing. Any area that meets the requirements for contours and planimetrics can become a part of this contract through an addendum. • DIGITAL ORTHOPHOTOGRAPHY SECTION 20 20.0 Scope. The work included under this section of the specifications consists of an overview of the digital color and color infrared portion of the project. 20.1 Work Statement. The purpose of the contract is to produce a complete set of digital orthophotography with the option of creating digital elevation models, contours, and/or planimetric data for the project area. The contractor shall utilize established methods and equipment specifically designed for photogrammetry applications. Any deviation from the specifications agreed to in this document or RFP, unless specifically authorized in writing by the contracting officer, shall be cause for rejection of the work perfonned. The NWARPC will provide the contractor with the following data by December 1, 2006. For each day delay in delivery of the current DEMs there will be equal day delivery time added to the delivery schedule for each County's data. NWARPC intends to ship the data no more than 5 days after Notice to Proceed. We anticipate changes to be required in the DEMS and Contractor will us Intergraph Stereo Compilation to make the necessary adjustments at no additional cost. 1. Digital Elevation Model(s) (DEMs)—(see metadata) a. Benton and Washington Counties -2004 LiDAR b. Carroll—USGS c. Local DEMs 2. Map of project area including shapefiles 3. Shape files of 6" and 12" areas and county boundaries 4. Metadata of DEMs 20.2 Aerial Photography Flight and Collection. • 1. Aerial photography shall be flown to collect orthophotography in accordance with the map and shapefiles provided. There will be approximately 1,860 Sq Mi of photography. 2. Flight height shall not exceed 4800 ft for any 6 -inch area and 9600 feet for all 12 -inch areas. 3. Photo scales shall be no smaller (higher altitude) than 1 "=800' for the 6" pixels areas and 1 "=1600' for the 12" pixel areas. 4. Accuracy standards specified herein will be met for all imagery. 20.3 Horizontal and Vertical Control Sufficient horizontal and vertical control points to support this project must be established by the contractor. All control data must be included in the final deliverable to the NWARPC. The contractor will determine the number, distribution, and collection method (GPS, total stations, etc.) of ground control points required to meet the accuracy specifications. A