HomeMy WebLinkAboutORDINANCE 6060113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6060
File Number: 2018-0204
KUCERA INTERNATIONAL, INC.:
AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND
APPROVE A CONTRACT WITH KUCERA INTERNATIONAL, INC. IN THE AMOUNT OF
$34,925.00 FOR PLANIMETRIC MAPPING SERVICES TO IDENTIFY IMPERVIOUS SURFACES AND
BUILDING FOOTPRINTS THROUGHOUT THE CITY
WHEREAS, identifying impervious surfaces and building footprints will assist with drainage design and
analysis both for City of Fayetteville projects and private developments; and
WHEREAS, the City previously contracted with Kucera International, Inc. to obtain geographic
information system aerial imagery in 2016 and 2017 which will reduce the cost for further services because
Kucera already has the imagery and terrain models needed to collect additional data; and
WHEREAS, in September of 2017, after reviewing eight proposals, the Northwest Arkansas Regional
Planning Commission selected Kucera to provide regional planimetric data services like those sought by
the City now and Kucera has offered to provide its services to the City of Fayetteville under the same
terms and conditions.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines an
exceptional situation exists in which competitive bidding is deemed not feasible or practical and
therefore waives the requirements of formal competitive bidding and authorizes the Mayor to sign a
contract, a copy of which is attached hereto and made a part hereof, between the City and the Kucera
International, Inc. in the amount of $35,925.00 for planimetric mapping services to identify impervious
surfaces and building footprints throughout the City.
Page 1 Printed on 4118118
Ordinance: 6060
File.Number 2010 -02Q4 -
PASSED and APPROVED on 4/17/2018
Attest:
Sondra E. Smith, City Clerk Treasurer
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Page 2 Printed on 4118118
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
- Text File
File Number: 2018-0204
Agenda Date: 4/17/2018 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C. 4
KUCERA INTERNATIONAL, INC.:
AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND
APPROVE A CONTRACT WITH KUCERA INTERNATIONAL, INC. IN THE AMOUNT OF
$34,925.00 FOR PLANIMETRIC MAPPING SERVICES TO IDENTIFY IMPERVIOUS SURFACES
AND BUILDING FOOTPRINTS THROUGHOUT THE CITY
WHEREAS, identifying impervious surfaces and building footprints will assist with drainage design and analysis
both for City of Fayetteville projects and private developments; and
WHEREAS, the City previously contracted with Kucera International, Inc. to obtain geographic information
system aerial imagery in 2016 and 2017 which will reduce the cost for further services because Kucera already
has the imagery and terrain models needed to collect additional data; and
WHEREAS, in September of 2017, after reviewing eight proposals, the Northwest Arkansas Regional
Planning Commission selected Kucera to provide regional planimetric data services like those sought by the
City now and Kucera has offered to provide its services to the City of Fayetteville under the same terms and
conditions.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines an exceptional
situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the
requirements of formal competitive bidding and authorizes the Mayor to sign a contract, a copy of which is
attached hereto and made a part hereof, between the City and the Kucera International, Inc. in the amount of
$35,925.00 for planimetric mapping services to identify impervious surfaces and building footprints throughout
the City.
City of Fayetteville, Arkansas Page 1 Printed on 411812018
Keith Macedo
Submitted By
City of Fayetteville Staff Review Form
20180204
Legistar File ID
4/17/2018
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
3/29/2018 Information Technology /
Chief of Staff
Submitted Date Division / Department
Action Recommendation:
Staff recommends approving an agreement with Kucera International Inc. to provide planimetric mapping services
to develop an impervious surface and building footprints GIS dataset and approve a bid waiver by utilizing the
terms and conditions of an existing Northwest Arkansas Regional Planning Commission Agreement with Kucera
International Inc.
4470.170.8170-5315.00
Account Number
02055.01
Project Number
Budget Impact:
Sales Tax Capital
Fund
Geographic Information System (GIS)
Project Title
Budgeted Item? Yes
Current Budget
$ 131,693.00
Funds Obligated
$ 9,740.36
Current Balance
$ 121,952.64
Does item have a cost? Yes
Item Cost
$ 34,925.00
Budget Adjustment Attached? No
Budget Adjustment
Remaining Budget
$ 87,027.64
V20140710
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
Approval Date:
CITY OF
WjFAYETT'EVILLE CITY COUNCIL MEMO
.` ARKANSAS
�,d
TO:
THRU:
FROM:
DATE:
Mayor Lioneld Jordan and City Council
Don Marr, Chief of Staff
Keith Macedo, Director of Information Technology
Greg Resz, GIS Coordinator
March 29, 2018
SUBJECT: Approve an agreement with Kucera International Inc. to provide planimetric
mapping services to develop an impervious surface and building footprints GIS
dataset and approve a bid waiver by utilizing the terms and conditions of an
existing Northwest Arkansas Regional Planning Commission Agreement with
Kucera International Inc.
RECOMMENDATION:
Staff recommends approving an agreement with Kucera International Inc. to provide planimetric
mapping services to develop an impervious surface and building footprints GIS dataset and
approve a bid waiver by utilizing the terms and conditions of an existing Northwest Arkansas
Regional Planning Commission Agreement with Kucera International Inc.
BACKGROUND:
The City will utilize the impervious cover GIS dataset primarily for drainage design and
analysis, both for City projects and private developments. The proposed planimetric mapping
service will include the collection of street edge of pavement, shoulders, driveways, parking
lots, miscellaneous areas that have an impervious landcover such as concrete or pavement,
alleys, public and private sidewalks, trails, and structures that exceed 100 square feet. Staff will
utilize the new GIS data to enhance mapping capabilities and will utilize the data to analyze
impervious cover. The data may also be used during the storm water utility feasibility study to
evaluate potential fee structures based on impervious area throughout the City.
DISCUSSION:
The City contracted with Kucera International Inc. to provide GIS aerial photographic imagery
in 2016 and 2017 and have been happy with the quality of imagery provided. The purchased
the imagery by utilizing Benton County's existing GIS aerial photographic contract with Kucera,
to leverage the shared purchasing power of the region. In May of 2017 the Northwest Arkansa's
Regional Planning Commission (NWAPC) issued a statement of qualifications for the
development of planimetric data and received 8 responses. NWAPC asked all members if they
were interested in the RFP and only Centerton, Bella Vista, and Springdale were interested at
the time of RFP creation. In July of 2017 NWAPC issued an RFP for planimetric data services
and sent the RFP to 4 companies. NWAPC reviewed the submittals and awarded a contract to
Kucera on September 27, 2017 during the policy committee meeting. The City of Fayetteville's
City Engineer Chris Brown attended the policy committee meeting where the Kucera contract
was discussed.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Recently City staff has determined a need for the same type of planimetric data was part of
NWAPC planimetric contract that was awarded to Kucera in September of 2017. City staff
reached out to NWAPC and Kucera and obtained an agreement to provide planimetric
mapping services to Fayetteville, as defined within the NWAPC agreement. The City's
purchasing division has reviewed the NWAPC procurement of planimetric services through
Kucera and supports the request of a bid waiver to procure services from Kucera.
BUDGET/STAFF IMPACT:
The one-time cost of collecting the planimetric data is $34,925.00 and will be funded from the
Sales Tax Capital fund as part of the approved 2018 GIS CIP Project.
Attachments: Staff Review Form, Staff Review Memo, Kucera agreement, NWAPC RFP
CONTRACT AGREEMENT
CERA INTERNATIONAL INCORPORATED
AERIAL PHOTOGRAPHY - DIGITAL PHOTOGRAMMETRY - GIS SERVICES
MAIN OFFICE: 38133 Western Parkway Willoughby, Ohio 44094 (440) 9754230
BRANCH OFFICES: 3889 Grove City Road Grove City, Ohio 43123 (614) 539-3925
110 W Reynolds St., Suite 207 Plant City, Florida 33563 (813) 754-9247
1121 Boyce Road,#3100 Pittsburgh, Pennsylvania 15241 (724)942-2881
This Agreement is made this 27th day of March, 2018, between City
of Fayetteville, City Hall, 113 W. Mountain Street, Fayetteville, Arkansas 72701,
hereinafter referred to as the "City," and Kucera International Inc., an
Ohio corporation, 38133 Western Parkway, Willoughby, OH 44094,
hereinafter referred to as the "Consultant."
WHEREAS, the City desires to engage the Consultant to provide professional
aerial mapping services as generally described in the Northwest Arkansas
Regional Planning City's (NWARPC) July 24, 2017 Planimetric Data
Development Request for Proposals (RFP), and
WHEREAS, the Consultant desires to render those services as described in
Section 1: Scope of Services herein.
NOW, THEREFORE, the City and the Consultant in consideration of the mutual
covenants contained herein agree as follows:
SECTION 1: SCOPE OF SERVICES
A. The Consultant will provide to the City professional aerial photogrammetric
services generally consisting of planimetric feature compilation/mapping of
impervious surface and structure footprint features covering the City's
designated 55 square miles. A map of the project area is attached hereto as
Attachment A and a listing of features to be captured is attached hereto as
Attachment B.
B. The mapping will be performed at 1"=100' scale from 0.5' resolution
stereo digital aerial photography of the City captured by the Consultant in
February 2018 and/or corresponding digital orthophoto imagery produced by the
Consultant and will represent the state of the features as of the time of the aerial
photo acquisition, as visible/interpretable from this imagery.
Planimetric Data Development Contract Agreement between
City of Fayetteville, Arkansas and Kucera International Inc.
E. The scope of project work as relevant is more specifically described in
NWARPC's July 2017 Planimetric Data Development RFP which is attached
hereto as Attachment C.
j SECTION 2: DEFINITION OF TERMS
A. Contract Officer - shall refer to the duly designated City's official charged
with general administration and coordination of matters related to this Agreement
on behalf of the City.
B. Project Coordinator(s) - shall refer to the City's designated person or
persons who will serve as primary points of contact and be responsible for
coordinating all aspects of work to be performed with the Consultant's assigned
Project Manager. The Contract Officer and Project Coordinator may be the
same person, with combined authority.
C. Chief Administrator - shall refer to an official of the Consultant charged
with general administration and coordination of matters related to this
Agreement.
D. Project Manager — shall refer to the person assigned by the Consultant to
serve as the Consultant's primary point of contact, with responsibility for
oversight of the Consultant's work, reporting the status of the work, and
otherwise coordinating with the City's Project Coordinator. The Chief
Administrator and Project Manager may be the same person with combined
authority.
E. Project Area(s) - shall refer to the areas designated for which the
Consultant shall perform the services referenced and described in this
Agreement.
F. Work/Deliverables - shall refer to all data provided to the City
corresponding to the contracted services and described herein, e.g., digital
planimetric mapping, etc.
G. Delivery - shall refer to transmittal of data corresponding to the contracted
services from the Consultant to the City.
H. Acceptance - shall refer to the City's written or time -implied approval of
deliverables submitted and associated services performed by the Consultant.
2
Planimetric Data Development Contract Agreement between
City of Fayetteville, Arkansas and Kucera International Inc.
SECTION 3: RESPONSIBILITIES OF THE CITY
A. The City shall assign a Project Coordinator(s) with the authority to review
and approve materials and deliverables submitted by the Consultant and to act
as liaison between the City, and parties represented by the City and Consultant.
B. The City shall within a reasonable time frame review any samples or
deliverables and approve or comment on same.
C. The City shall within a reasonable time after a request is received from
Consultant answer or address any unforeseen questions that may arise during
the course of the work to be performed by Consultant.
D. The City shall provide any designated source data or support to the
Consultant required to complete the project work.
E. The City at its expense shall pay for physical shipment/transmittal of any
materials to the Consultant, except as mutually agreed with the Consultant.
F. The City shall coordinate with the Consultant as needed to reasonably
facilitate digital data transmission to the City (e.g., "whitelist" the Consultant).
SECTION 4:
RESPONSIBILITIES OF THE CONSULTANT
A. The Consultant agrees to perform in a professional manner all of the
services outlined in Section 1: Scope of Services and as further described in
Attachment C.
B. The Consultant agrees that no changes shall be made in the services
outlined in Section 1: Scope of Services and/or Attachment C without the
express written prior consent and Agreement of the City and the Consultant.
C. The Consultant shall be fully responsible for the technical adequacy and
accuracy of the work. No action by the City in its review, approval and/or
acceptance or by any payment made hereunder shall be construed as a waiver
of the technical adequacy and accuracy of the Consultant's work.
D. The Consultant shall assign to the work a Project Manager whose duties
will be to oversee and coordinate the work with the City's Project Coordinator(s)
and make regular status reports to the City.
E. The Consultant shall pay for the physical shipment of all deliverables and
materials to the City, except as mutually agreed with the City.
3
Planimetric Data Development Contract Agreement between
City of Fayetteville, Arkansas and Kucera International Inc.
F. The Consultant shall begin to perform the services upon receipt of the
City's notice to proceed and shall complete such work as outlined in Section 5 of
this Agreement (Time of Completion).
G. The Consultant will retain a backup copy of all significant interim and final
data produced for the contract, e.g., digital planimetric mapping.
H. The Consultant shall obtain any non -City owned/provided outside source
data designated by the Consultant for use in the completion of the contract work.
I. The Consultant shall coordinate with the City as needed to reasonably
facilitate project -related digital data transmission between the Consultant and the
City (e.g., "whitelist" the City)
SECTION 5: TIME OF COMPLETION
The Consultant agrees to complete the project work according to the following
schedule:
Phase Complete By
Project Initiation/Work Plan 4/19/18
Planimetric Mapping
I 10/20/18 1
The contract work shall be completed by October 2018, with the exception of
add-on work mutually agreed to be subsequently completed and any revisions or
additions to the work required for contract compliance determined subsequent to
completion/delivery.
Consultant agrees to exercise reasonable care and diligence in anticipating
potential problems and delays in completing the work. Such care shall include
anticipating and making provision for loss of critical employees, normal failure of
equipment, and other such schedule -disrupting occurrences normally
experienced and reasonably capable of being anticipated by like organizations.
Extensions of time may be granted by the City upon request of the Consultant,
provided such request is made prior to the expiration of this Agreement, do not
involve acts of failure by Consultant to exercise reasonable care and diligence as
noted above, and are based on documented evidence of need under one or
more of the following criteria:
1. Delays by the City in providing notices to proceed, source data, or
review/acceptance of the Consultant's work.
2. Delays due to City -furnished source data which is significantly incomplete,
not in reasonably usable form or has significant discrepancies/anomalies.
In
Planimetric Data Development Contract Agreement between
City of Fayetteville, Arkansas and Kucera International Inc.
3. Significant changes in the scope of work/project parameters which affect
scheduling.
4. Force Majeure/Acts of nature or other conditions or circumstances beyond
the control of the Consultant which are not due to its negligence or that of its
employees, agents or assigns, but which affect the Consultant's ability to
perform.
SECTION 6: PROGRESS REPORTS
Following the first day of execution of this Agreement, the Consultant shall
submit at a regular agreed interval, reports of progress which describe work
completed up to the date of such report.
SECTION 7: DELIVERY OF WORK/DELIVERABLES
Consultant shall certify to the City when the work or any portion thereof has been
completed and products of such work have been delivered to the City for
inspection.
SECTION 8: INDEPENDENT CONTRACTOR STATUS
The status of the Consultant under this Agreement with respect to the services to
be performed by the Consultant hereunder shall be that of "independent
contractor." Nothing herein shall be construed to create an employer/employee
relationship between the City and the Consultant or any other subconsultant
hired by the Consultant.
SECTION 9: COVENANT AGAINST CONTINGENT FEES
The Consultant warrants that it has not employed or retained any company or
person other than a bona fide employee working solely for the Consultant to
solicit or secure this Agreement, and that Consultant has not paid or agreed to
pay any company or person, other than a bona fide employee working solely for
the Consultant, any fee, percentage, brokerage fee, gifts, or any other
consideration, contingent upon or resulting from the award or making of this
Agreement. For breach of violation of this warranty, the City shall have the right
to annul this Agreement without liability, or, at its discretion, to deduct from the
Agreement price or consideration, or otherwise recover, the full amount of such
fee, percentage, brokerage fee, gifts, or contingent fee.
j SECTION 10: INSURANCE
Consultant shall carry and maintain in force for the duration of the Agreement
insurance coverage, underwritten by insurer(s) lawfully authorized to write
Planimetric Data Development Contract Agreement between
City of Fayetteville, Arkansas and Kucera International Inc.
insurance in the State of Arkansas, of the minimum types and limits, and any
related insurance requirements of the City.
SECTION 11: WARRANTY
The Consultant, by signing this Agreement, acknowledges full understanding of
the extent and character of the work required and the conditions surrounding the
performance thereof. The City will not be responsible for any alleged
misunderstanding of conditions surrounding the performance thereof. It is
understood that the execution of this Agreement by the Consultant serves as its
stated commitment to fulfill all the conditions referred to in this Agreement.
Consultant warrants that the work performed and deliverables provided under
this Agreement shall conform to the project specifications and the relevant
recognized standards and procedures of the aerial mapping profession, including
the NWARPC's defined positional accuracy standards as applicable. The work
shall be of high quality, and shall meet the tolerances allowed by the project
specifications and standards, within the limits of specified/proposed project
technology and conditions. If the Consultant is notified in writing by the City of a
discrepancy, deficiency, inaccuracy, or fault in the work, within thirty (30) days of
such notice the Consultant shall re -perform such portions of the work necessary
to correct the fault. If the fault requires a repeat of the aerial flyover of the
project area, the repeat flyover will be performed at the first available opportunity
at a time of the year mutually agreed upon with and approved by the City. All
rework shall be made at no additional cost to the City.
The warranty will apply indefinitely for major errors/defects found in Consultant's
mapping and for one year from the time of final data delivery for cosmetic/minor
revisions and replacement of lost data files previously documented to be
delivered. The Consultant shall not be liable for secondary, incidental or
consequential damages of any nature resulting from any work properly
performed under this Agreement.
SECTION 12: INSPECTION AND CORRECTION
The Consultant shall correct any major defects/errors in the work found following
the City's review period, and shall make accessible to the City any information,
data, materials and processes the City deems reasonably necessary to evaluate
and confirm the accuracy and quality of Consultant's work. The Consultant shall
not be liable for any expense of the City's review or inspection processes.
The City shall promptly following its inspection notify the Consultant of the nature
of any work deemed non -acceptable. Upon such notification Consultant shall
within sixty (60) days replace, modify or adjust its work to meet specifications, at
on
Planimetric Data Development Contract Agreement between
City of Fayetteville, Arkansas and Kucera International Inc.
its expense. Work shall be considered acceptable to the City if indicated as such
by the absence of other notification.
SECTION 13: ACCEPTANCE
The City shall give written notice of its acceptance or non-acceptance of work to
Consultant within a 90 -day review period of receipt of the work in finalized form.
If no such notice is given to the Consultant, the work shall be deemed accepted
by the City, subject to the Consultant's warranty.
SECTION 14: OWNERSHIP AND USE OF PROJECT DATA j
A. The Consultant hereby understands and acknowledges that any and all
information gathered, generated and delivered to the City as outlined in the
Scope of Services is for the exclusive use and benefit of the City, and shall be
the sole property of the City and that such information shall not be disseminated
by the Consultant without the express written consent of the City.
B. All information, data, reports, mapping, specifications or other work
furnished to or developed for the City by the Consultant, its employees, agents,
or assigns, pursuant to this Agreement, shall be the sole property of the City, and
all rights therein are reserved by the City. The Consultant, its assigns,
employees, or agents shall not provide any imagery or map data developed
under this Agreement to any party other than the City without the City's consent.
C. During the course of the work, the Consultant, upon the express written
consent of the City, may fill requests by non -City agents, business entities or
individuals for services/products from the project data which are not part of this
Agreement. Should this occur, the Consultant_ shall charge a reasonable fee for
its service and at the City's option will credit the City an agreed upon percentage
of such fees.
D. Upon the completion of the work, the City may at its option enter into a
contract with the Consultant to supply additional products and services which the
City may not be equipped to furnish to non -City agencies or individuals. The
Consultant will as needed furnish a list of products and services over and above
those furnished for this Contract along with fees for such products and services,
and the City may direct the Consultant to charge such fees for them, as the City
deems appropriate.
E. The Consultant hereby agrees to maintain one copy of all information
gathered, generated and delivered within its office in digital computer file form to
serve as a backup to the data furnished to the City. Should the City suffer the
loss of any of its data the Consultant agrees to replace same from its files at a
reasonable fee for a period of ten years.
7
Planimetric Data Development Contract Agreement between
City of Fayetteville, Arkansas and Kucera International Inc.
E. The City shall be entitled to rely on the technical accuracy of the data
furnished by the Consultant with the understanding that the Consultant is not
responsible for alterations made to and/or improper interpretation/use of the data
by the City.
SECTION 15: COPYRIGHTS AND DISCLAIMERS
A. Copyright and title to all final deliverable products shall pass from the
Consultant to the City upon the City's payment for the deliverables. The City
retains the right to utilize the project deliverables as received over the course of
the contract.
B. Use by an outside party of the project data while in the Consultant's
possession shall require advance approval from the City.
SECTION 16: COMPENSATION FOR CONSULTANT'S SERVICES
In consideration for the services performed hereunder, Consultant shall be paid
the following by feature layer:
1. Impervious surface feature mapping $ 19,800
2. Structure footprint mapping 15,125
Total Contract Amount $ 34,925
Invoicing for each area will be lump sum upon final dataset delivery or
progressive based on 25% or more of area mapping delivered in finalized form.
The fees listed above include all ancillary services/products required for each
cost item as defined in Attachments B and C. Optional services will only be
performed by the Consultant with written authorization of the City at mutually
agreed cost.
SECTION 17: INVOICING
The Consultant's invoices shall be submitted over the course of the contract and
reflect work completed and delivered and/or documented by percentage of
project phases as indicated in Section 16 (Compensation) of the Contract
Agreement. The City agrees to review and process/pay the Consultant's invoice
within thirty (30) days of receipt. If an invoice is validly disputed by the City or
otherwise found to be in error, the invoice will be voided and a new invoice
submitted at the agreed amount with a new thirty (30) day payment period.
E•]
Planimetric Data Development Contract Agreement between
City of Fayetteville, Arkansas and Kucera International Inc.
SECTION 18: PRICE GUARANTEE
The fees quoted for work contracted for by the City as part of this Agreement, or
quoted by the Contractor for additional services during the course of this
Agreement shall be applicable until December 31, 2018. Should the City defer
any portion of the originally specified work beyond this date, the fee for such
work deferred may be adjusted by the Consumer Price Index (CPI) for the prior
year or other mutually agreed upon factor.
SECTION 19: COMPLIANCE WITH THE LAW
1
A. The Consultant under this Agreement is an equal opportunity employer
and shall conduct all contract activities without regard to race, color, national
origin, sex, sexual orientation, religion, age, and other such contract participant
characteristics to the extent that such do not interfere with satisfactory contract
performance.
B. The Consultant shall at all times observe and comply with all applicable
statutes, ordinances, rules and regulations of federal, state and local
governments in effect at the execution of this Agreement.
SECTION 20: TERMINATION
This Agreement shall terminate upon the City's acceptance of and payment for
all authorized deliverables and services. The City may terminate this Agreement
with 60 days written notice to the Consultant for reasons unrelated to the
Consultant's performance (e.g., lack of adequate funding for continuation). In
the event of such termination, the City shall be liable for the payment of all work
properly performed prior to the effective date of termination, including all portions
of work which were partially completed.
If for any cause the Consultant shall default in the performance of this
Agreement or any part thereof and has failed to address such default within sixty
(60) days after receipt of written notice sent by certified mail, return receipt
requested, specifying such default, the City may terminate this Agreement at its
option and sue the Consultant based upon a failure of the Consultant to adhere
to this Agreement.
SECTION 21: AMENDMENTS
No amendment to this Agreement shall be effective unless it is in writing and
signed by duly authorized representatives of each party hereto.
0
Planimetric Data Development Contract Agreement between
City of Fayetteville, Arkansas and Kucera International Inc.
SECTION 22: AGREEMENT INTEGRITY AND PRECEDENCE
This document and attachments represent the full and final Agreement between
the Consultant and the City. If any provisions of the Agreement are deemed void
or unenforceable, all other provisions will remain in effect.
i -
SECTION 23: JURISDICTION AND SIGNATURES
This Contract is hereby signed in the State of Arkansas and the laws of the State
of Arkansas shall be applicable hereto.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date
hereinabove first written.
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I
Northwest Arkansas Areas
Planimetric Data
Development
Request for Proposals
7/24/2017
Northwest Arkansas Regional Planning Commission
Northwest Arkansas Regional Planning Commission *LIAAIA
1311 Clayton St., Springdale, AR, 72762 1/MI�i
Regional
Ph: (479) 751-7125 PlAnning
http://nwarpc.org co°„'mi&6GI,
TABLE OF CONTENTS
A. INTRODUCTION, PROJECT OVERVIEW AND REQUIREMENTS
B. SCOPE OF WORK
a) Background
b)Area of Interest
c) Project Objectives
d) Planimetric Data Requirements and Project Location
C. BUDGET DETAILS
D. SELECTION PROCEDURE
E. INTERVIEWS
F. CONTRACT AWARD
G. NONDISCRIMINATION
A. INTRODUCTION, PROJECT OVERVIEW AND REQUIREMENTS
The scope of this Request For Proposals (RFP) is to select a qualified firm that will generate planimetric
features data using existing aerial imagery and other relevant datasets in compliance with existing data
specifications. The total area for planimetric and engineering data development is approximately 62.2
square miles and is located in three jurisdictions in Washington and Benton Counties, AR (see attached
map). Five (5) sets of paper document responses and one PDF copy by email, compact disc (CD) or USB
drive must be received no later than August 15, 2017 by 4:00 PM (CDT). Any responses received after
this deadline will not be considered.
Requests for clarification or revision to any items, requirements or specifications contained in this
Request for Proposals must be addressed to the official listed below and received in writing (email or
hardcopy) at the NWARPC office no later than August 9, 2017 by 4:00 PM (CDT).
Please send your responses to:
Northwest Arkansas Regional Planning Commission
Attn: Elizabeth Bowen
1311 Clayton St., Springdale, AR 72762
(479) 751-7125
ebowen@nwarpc.org
Oral communications shall not be binding on the NWARPC and can in no way modify the terms,
conditions, or specifications of this Request for Proposals or relieve the successful firm(s) of any
obligations under any contract resulting from this Request for Proposals. Following receipt of a written
request for the Request for Proposals clarification, NWARPC shall provide a response to all short-listed
firms no later than August 10, 2017 by 4:00 PM (CDT). This procedure shall be followed in order to
ensure competitive fairness by providing all prospective respondents with the same information.
If necessary, interviews will be scheduled for discussion of the submitted proposal in due time. The
proposed interview date is August 25, 2017.
The following items must be addressed in all proposals
1. PROPOSALS: Proposals should be consistent with the Scope of Work attached to this RFP and
elaborate on a preferred and/or recommended approach. Proposals shall include:
a) A cover letter with the name and address of the contracting firm, together with the name,
telephone and fax number, and email address of the primary contact person for purposes of this
proposal.
b) All proposals must include the following information in the following order: Cover Letter,
Summary of Project, Detailed Work Plan, Work Schedule, Vendor Profile, References, Payment Schedule
and a Cost Worksheet (Cost Worksheet in a sealed envelope).
C) A detailed work plan that identifies all tasks included in the scope of work.
d) A list of major concerns associated with completing the work.
e) A listing of all proposed subcontractors, if any.
f) An organizational chart showing key personnel by name and title.
g) Resumes of all key personnel listing relevant experience.
h) A conceptual project schedule.
i) References for the three most recent comparable projects.
j) The proposal must be signed and valid for 180 days.
2. QUALIFICATIONS: Proposals should indicate general and specific qualifications of the consultant
team in planimetric data products and specifically convey the role of the team member in each case
cited. A brief narrative may also be included regarding the firm's capabilities to carry out this work,
including special assets, areas of expertise, analytical tools, and data sources, etc. to which the firm may
have access.
3. SPECIAL CONDITIONS OF THE WORK:
a) The selected consultant will be required to comply with all applicable equal employment
opportunity (EEO) laws and regulations.
b) The NWARPC will not be liable for any costs incurred in preparing, submitting, or presenting a
consultant's submittals or any associated travel costs.
C) The NWARPC reserves the right to postpone the opening and/or review of respondent
submittals for cause or convenience. The NWARPC also reserves the right to reject any and all proposals,
in whole or in part, and to waive any information therein.
d) If only one qualified consultant responds by the due date, the NWARPC may enter into contract
negotiations with that firm.
3
B. SCOPE OF WORK
a. Background
The Northwest Arkansas Regional Planning Commission (NWARPC) is a planning organization that serves
local units of government in Benton, Washington and Madison counties in Arkansas and a small area in
McDonald County, Missouri. The NWARPC was formed in 1966 through a cooperative agreement signed
by Benton County, Washington County, Bentonville, Fayetteville, Rogers, Siloam Springs, and Springdale.
NWARPC is now composed of 35 units of government and includes all local governments in Benton and
Washington County, as well as Huntsville and Hindsville in Madison County, and Beaver Water District.
The NWARPC also serves as the Metropolitan Planning Organization (MPO) for Benton and Washington
Counties. Federal and state funding for transportation projects and programs are conducted through the
MPO. Each member governmental unit in Washington and Benton County participates in transportation
planning. The Arkansas State Highway and Transportation Department (AHTD), Missouri Department of
Transportation (MoDOT), and public transportation providers are also part of the transportation
planning process.
NWARPC has been assisting Washington and Benton Counties, as well as the communities in the two
counties with GIS support in a variety of capacities for many years. One example is coordinating high
resolution annual aerial imagery acquisition since 2004 and assisting both Benton and Washington
counties with QL/QC and data distribution with these projects. In 2009, as part of a high-resolution
aerial imagery acquisition data, Lidar data acquired in 2004 for both counties and aerial imagery
acquired in 2009 were used to develop two -foot contour datasets using planimetric and aerial
triangulation methods and stereo compilation.
More recently, NWARPC has obtained funding through the U.S. Geological Survey (USGS) Broad Agency
Announcement for 3D Elevation Program (3 -DEP) to acquire Lidar data for Benton County. The funding
was obtained in 2015 and the project was completed in 2016. This dataset met the current USGS
definition of Quality Level (QL2). Washington County has acquired the same level of Lidar data quality
(QL2) in 2015, as part of a joint project between USGS and the Federal Emergency Management Agency
(FEMA). Both datasets were delivered and NWARPC has a copy of both county products. DEMs were also
part of the delivery packages for both counties.
The hydro breakline collection, as part of the recently acquired Lidar data, was produced by heads -up
digitizing using classified Lidar datasets. Additional products created from Lidar including intensity
images, shaded relief TIN surfaces and contours were used. The project reports and metadata are
available upon request.
In 2016, NWARPC also obtained topographic contours from lidar data collected over Washington and
Benton Counties. The project area covered 1315 square miles and included all Washington county and a
selected number of cities in Benton County. Contours were generated at a 1' interval by extracting
irregular contour key points from the Lidar ground class. The contour key point selection process
analyzes points on the ground in groups and selects the point that best represents the bare earth while
4
eliminating points unnecessary for generating contours. Single stream lines were only added in areas to
enhance the contours, the double line drains were compiled to a width of 25' to enhance the existing
100' wide rivers. The Contours and hydro breaklines were delivered in Esri ArcGIS version 10.3.
In December 2016- January 2017 both Washington and Benton Counties obtained high resolution aerial
imagery of 6 inches in Benton County and Springdale 's city limits in Washington county, and 9 inches in
Washington County. Both imagery products were delivered and passed quality check and assurances. It
is assumed that the planimetric features development will utilize the 6 -inch aerial imagery product from
Benton County. Previous annual high-resolution imagery products are also available.
b. Area of Interest
The Northwest Arkansas region has experienced high and sustained economic growth in the past two
decades and the land use development patterns are continuously changing. Although current high-
resolution imagery datasets cover the entire area of Benton and Washington Counties, funding is only
available from three city jurisdictions to develop the needed datasets. These cities are:
Bella Vista, with an area of 1 sq. mile;
• Centerton with an area of interest of 14 sq. miles.
• Springdale, with an area of interest of 47.2 sq. miles;
The map at the end of this RFP illustrates the area of interest for the development of the planimetric
data in the three jurisdictions. The total area of interest covers approximately 62.2 square miles.
c. Project Objective
The goal of the project is to develop a dataset of planimetric data that includes both man-made and
natural features. These features are to be extracted from the best available aerial photography data and
adjacent existing datasets for the area of interest using modern technology. Common features to be
included in the planimetric database are: street and water centerlines, sidewalks, culverts, utility lines,
vegetation, etc. The planimetric features should be developed as geodatabases that could easily be
attributed and used in a GIS environment. The scope of this project is to develop those datasets for use
to the professionals in the communities of the two counties. If there are features that you recommend
or features that are expensive and would be a significant cost savings if not obtained please state that in
your proposal. The following table includes the features to be developed as part of the planimetric
features database:
Transportation Infrastructure: Roads (paved/unpaved); Shoulder; Driveways; Parking; Concrete; Alleys;
Sidewalk- Private/Public; Curb; Trails; Road Median/Island; Railroad Tracks; Airport Runway; Airport
Taxiway; Airport Apron; Helipad; Billboards; Monuments.
5
Structures: Buildings/Courtyards wh Z value; Pools (below ground); Pools (above ground); Ruins; Tanks;
Foundations; Water Towers; Homes (wh Z value); Construction Site; Decks > 100 sq. ft.; Patios > 100 sq.
ft.; Canopies > 100 sq. ft.; Silos.
Landmarks: Cemeteries; Fences; Guard Rails; Walls; Retaining Walls; Rock Walls.
Utilities: Manholes; Catch Basins; Traffic Signal Poles; Streetlight Poles; Utility Poles.
Vegetation: Tree Outlines; Brush Outline; Single Trees.
Water and Water Structures: Lakes; Rivers; Streams/Creek; Ponds; Reservoirs; Ditches; Bridges; Dams;
Earth Dams; Culverts (<20' long); Culverts (>20' long); Restoration Ponds; Concrete Drain; Hidden Drains
(for connectivity).
The following table illustrates the individual features needed by each jurisdiction:
LANDMARKS
Cemeteries
Fences
Guard Fails
Walls
Retaining Walls
Rack Walls
UTILITIES
Manholes _
Catch Basins
Traffic Signal Poles
Streetlight Poles
Utility Pales _
VEGETATION
Tree outlines
Brush Outline
Single Trees
WATER AND WATER STRUCTURES
Lakes
Rivers
Ponds
Hitches
Bridees
Earth Dams
Culverts (<20' long
Culverts (>2W long
Restoration 'Ponds
Concrete Drain
Hidden Drains (for
d. Planimetric Features Data Requirements
The following should be considered in the development of the planimetric features dataset:
• Use the recent and most suitable aerial photography and adjacent existing spatial data;
• The features included in the planimetric data should be developed at a mapping scale of 1:50 or
at least at a minimum of 1:100 if needed;
• The photogrammetric mapping shall meet the ASPRS 2014 Positional Accuracy Standards for
Digital Geospatial Data at the appropriate scale;
• Quality check and completeness assurance;
• The data shall be delivered in ArcGIS geodatabases and AutoCAD formats;
• Standardized metadata files shall be provided.
D. SELECTION PROCEDURE
NWARPC will designate a Selection Committee to evaluate and analyze the Proposals with particular
attention to the following evaluation factors:
1 Understanding o�
f Scope of Work
20
2 Comprehensive, coherent, and detailed work plan 20
3 Realistic Work Schedule 10
4 Proposed working office location, need for a local office, and any local office 5
and any local representative
5 Identification of subconsultants and responsiveness to DBE goals and 5
opportunities
6 Total points for LOI (Letter of Interest) 40
Total points for Proposals 100
Based on these evaluation factors, the Selection Committee will rank the firms in order of preference
and may select two or more firms to interview.
M
E. INTERVIEWS
The interviews will take place at the NWARPC office if possible, or via web or conference call. At the
interview, a firm may provide additional information concerning their proposal through a presentation.
The Committee will re-evaluate the firm based on the same evaluation factors as noted previously. The
proposed interview date is August 25, 2017.
F. CONTRACT AWARD
NWARPC will notify the selected candidate by email and writing. Following notification, NWARPC will
negotiate a standard professional service agreement with the selected candidate. The selected
candidate's proposal will be incorporated by reference in the contract. Additionally, NWARPC will notify,
in writing, the candidates who are not selected.
G. NONDISCRIMINATION
The Northwest Arkansas Regional Planning Commission (NWARPC) complies with all civil rights
provisions of federal statues and related authorities that prohibit discrimination in programs and
activities receiving federal financial assistance. Therefore, the NWARPC does not discriminate on the
basis of race, sex, color, age, national origin, religion or disability, in the admission, access to and
treatment in NWARPC's programs and activities, as well as the NWARPC's hiring or employment
practices. Complaints of alleged discrimination and inquiries regarding the NWARPC's nondiscrimination
policies may be directed to Celia Scott-Silkwood, AICP, Regional Planner — EEO/DBE (ADA/504/Title VI
Coordinator), 1311 Clayton, Springdale, AR 72762, (479-751-7125, (Voice/TTY 7-1-1 or 1-800-285-1131)
or the following email address: cscott-silkwood@nwarpc.org. This notice is available from the
ADA/504/Title VI Coordinator in large print, on audiotape and in Braille. If information is needed in
another language, contact Celia Scott-Silkwood. Se necesita informacion en otro idioma, comuniquese
Celia Scott-Silkwood, cscott-silkwood@nwarpc.org.
2017 Planimetric Data Project —Area of Interest
Sutphin Sprlrrgs
Northwest Arkansas
Planimetric Data Project Area
Grave"
I
. P.." R'dg'
dr awns ,r
[' Little f lack
BuitonvAle
(Orion
Mcatur
Rogers
Highfill
Gentry Springlown
Springs
Lincoln
Cave Springs Lowe 11
S ltirsgz � 06She1 tleighlS
Springdale
Tontitown,
Johnson -,.
Fayetteville
FannmcJtnn
Gre,!ntand
Prairie Grove
Approximate project area in green =62 sq.miles
West Fork
i
K;flrtiPl[t
Gosihon
Elkins
City Limits
Winslow `� Project Area
0 2 4 8 Mile�
1 1 1 1 1 1 1
Esri HERE De Lonne. Mapmy ndia, 0 OpenStreetMap contributors. and the GIS
User rtrmmunity
10`
RECEIVED
MAY 14 Zola
NORTHWEST ARKANSAS cr,1TTyyocFLFFARK FF a
Demomt *Oazeffe
;.BC .6Er;. 1_vh�E, �, .! 2 r7 442 _.J., �.. ,,. r,3'.
AFFIDAVIT OF PUBLICATION
I Cathy Wiles, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Democrat -Gazette, printed and published in
Washington County and Benton County, Arkansas, and of bona fide
circulation, that from my own personal knowledge and reference
to the files of said publication, the advertisement of:
CITY OF FAYETTEVILLE
Ord. 6060
Was inserted in the Regular Edition on:
April 26, 2018
Publication Charges: $ 117.00
V V
Cathy Wiles
Subscribed and sworn to before me
This y day of -Me --y-, 2018.
A"
Notary Public
My Commission Expires: yllz ( ZV
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
TA,UW,RUSHE,R
Notary Public — Arkansas
Nashington County
L�W�y Comm ssienrExpires Feb202.2028
Ordinance: 6060
File Number: 2018-0204
KUCERA INTERNATIONAL, INC.:
AN ORDINANCE TO WAIVE THE
REQUIREMENTS OF FORMAL
COMPETITIVE BIDDING AND
APPROVE A CONTRACT WITH
KUCERA INTERNATIONAL, INC. IN
THE AMOUNT OF $34,925.00 FOR
PLANIMETRIC MAPPING SERVICES
TO IDENTIFY IMPERVIOUS
SURFACES AND BUILDING
FOOTPRINTS THROUGHOUT THE
CITY
WHEREAS, identifying impervious
surfaces and building footprints will assist
with drainage design and analysis both for
City of Fayetteville projects and private
developments; and
WHEREAS, the City previously contracted
with Kucera International, Inc. to obtain
geographic information system aerial
imagery in 2016 and 2017 which will
reduce the cost for further services because
Kucera already has the imagery and terrain
models needed to collect additional data;
and
WHEREAS, in September of 2017, after
reviewing eight proposals, the Northwest
Arkansas Regional Planning Commission
selected Kucera to provide regional
planimetric data services like those sought
by the City now and Kucera has offered to
provide its services to the City of
Fayetteville under the same terns and
conditions.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City
of Fayetteville, Arkansas hereby determines
an exceptional situation exists in which
competitive bidding is deemed not feasible
or practical and therefore waives the
requirements of formal competitive bidding
and authorizes the Mayor to sign a
contract, a copy of which is attached hereto
and made a part hereof, between the City
and the Kucera International, Inc. in the
amount of $35,925.00 for planimetric
mapping services to identify impervious
surfaces and building footprints throughout
the City.
PASSED and APPROVED on 4/17/2018
Approved:
Lioneld Jordan, Mayor
Attest:
Sondra E. Smith, City Clerk Treasurer
74502008 April 26, 2018