HomeMy WebLinkAbout59-21 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 59-21
File Number: 2021-0051
SURDEX CORPORATION:
A RESOLUTION TO APPROVE A CONTRACT WITH SURDEX CORPORATION IN THE
AMOUNT OF $28,000.00, PURSUANT TO A FEDERAL GSA ADVANTAGE COOPERATIVE
PURCHASING CONTRACT, FOR AERIAL PHOTOGRAPHY SERVICES
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 Jordan to sign a contract with Surdex Corporation in the amount of $28,000.00, pursuant to a
federal GSA Advantage cooperative purchasing contract, for aerial photography services for the
Geographic Information Systems Division.
PASSED and APPROVED on 2/18/2021
Page 1
Attest:
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Kara Paxton, City Clerk Trease�•••
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City of Fayetteville, Arkansas
Text File
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File Number: 2021-0051
Agenda Date: 2/16/2021 Version: 1 Status: Passed
In Control: City Council Meeting
Agenda Number: A.5
SURDEX CORPORATION:
File Type: Resolution
A RESOLUTION TO APPROVE A CONTRACT WITH SURDEX CORPORATION IN THE
AMOUNT OF $28,000.00, PURSUANT TO A FEDERAL GSA ADVANTAGE COOPERATIVE
PURCHASING CONTRACT, FOR AERIAL PHOTOGRAPHY SERVICES
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 Jordan
to sign a contract with Surdex Corporation in the amount of $28,000.00, pursuant to a federal GSA Advantage
cooperative purchasing contract, for aerial photography services for the Geographic Information Systems
Division.
City of Fayetteville, Arkansas Page 1 Printed on 211812021
City of Fayetteville Staff Review Form
Keith Macedo
Submitted By
2021-0051
Legistar File ID
2/16/2021
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
1/22/2021 INFORMATION TECHNOLOGY (170)
Submitted Date Division / Department
Action Recommendation:
Staff recommends authorizing the attached proposal, with Surdex Corporation, to provide GIS aerial photography
through the Government Cooperative Purchasing Program, General Services Administration (GSA) Schedule 70.
Budget Impact:
4470.170.8170-5315.00
Sales Tax Capital
Account Number Fund
02055.1 Geographic Information System (GIS)
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? NA
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 28,712.00
$ 28,712.00
$ 28,000.00
$ 712.00
V20180321
Purchase Order Number: Previous Ordinance or Resolution # 79-20
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
CITY OF
. FAYETTEVILLE
ARKANSAS
MEETING OF FEBRUARY 16, 2021
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
CITY COUNCIL MEMO
FROM: Keith Macedo, Director of Information Technology
Greg Resz, GIS Manager
DATE: January 22, 2021
SUBJECT: Staff recommends authorizing the attached proposal, with Surdex Corporation, to
provide GIS aerial photography through the Government Cooperative Purchasing
Program, General Services Administration (GSA) Schedule 70.
RECOMMENDATION:
Staff recommends authorizing the attached proposal, with Surdex Corporation, to provide GIS
aerial photography via the Government Cooperative Purchasing Program (GSA).
BACKGROUND:
The City's Geographic Information Systems (GIS) division provides mapping resources for the
entire City, which includes aerial photography data. The City traditionally obtains new aerial
photography on an annual basis to help monitor and map changes throughout the City. In 2020
City Council approved a proposal with Surdex Corporation to collect aerial photography data,
utilizing the same GSA cooperative purchasing program. City staff was happy with the quality of
the photography and happy with the responsiveness of Surdex.
DISCUSSION:
In the past the City joined area Cities and Counties to collectively procure aerial photography,
but the date of image capture was generally around January 1, which resulted in long shadows
and some leaf canopy obscuring images. City staff prefers contracting directly with an aerial
photography vendor to allow staff to specify the best environmental conditions for optimal photo
quality. Photography acquired in late winter has the optimal sun angle to reduce shadows and to
leverage the least amount of leaf canopy as possible. City staff identified an existing
cooperative purchasing agreement, through GSA schedule 70, Contract #47QTCA18DOOJ5,
GSA Special Item Number (SIN) Earth Observation Solutions: 132-41, with Surdex Corporation,
that complies with City procurement policy. The Surdex agreement meets or exceeds the City's
specifications Staff recommends authorizing the attached proposal, in the amount of $28,000, to
purchase aerial photography for the entire City as well as the water service and planning areas.
BUDGET/STAFF IMPACT:
The cost for the attached proposal is $28,000 and is budgeted within the Sales Tax Capital
improvements fund, within the GIS CIP project (02055).
Attachments: Staff review memo, staff review form, Surdex Corporation proposal
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
PROPOSAL
CITY OF FAYETTEVI LLE, AR
2021 Digital Orthophotography
DATE: January 15, 2021
rSURDEX
CORPORATION
Greg Resz, GISP
GIS Manager
City of Fayetteville, Arkansas
113 W. Mountain St.
Fayetteville, AR 72701
Phone: (479) 444-3431
Tim Donze
Vice President, Business Development
Surdex Corporation
Office: 636) 368-4424
Mobile: (314) 422-7616
Email: TimD@surdex.com
January 15, 2021
Page 1
PROPOSAL
City of Fayetteville, AR
2021 Digital Orthophotography
1�
SURDEX
Surdex is proposing the City contract with us using our contract through the Government Cooperative
Purchasing Program, GSA Schedule 70, Contract #474TCA18DOOJ5, 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 for this project are identified on the following page, Control Diagram (6") project
area that is approximately 154 sq/mi. located in the City of Fayetteville (COF), Arkansas. The exact
area of interest (AOI) diagram is shown on the Control Diagram on the following page. Prior to
mobilization of acquisition assets and production, Surdex will require confirmation of the contractual
project limits.
DIGITAL AERIAL PHOTOGRAPHY
Surdex aircraft will capture four band (red, green, blue, and new infrared), multispectral digital aerial
ortho photography of your area of interest(s); the control diagrams are provided later in this
document. 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 the City of Fayetteville and generally accepted industry practice. Surdex's
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. Surdex's 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: Surdex will acquire imagery leaf -off conditions 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 35 degrees.
Manufactures calibration Reports: The manufactures calibration reports for our digital mapping
cameras/sensor will be provided to the COF.
GROUND CONTROL SURVEYS
Surdex will use existing photo identifiable control points provided by COF to support geospatial data
production for this project. Surdex assumes no responsibility for the accuracy of the control provided.
Re -work required by Surdex due to insufficient or inaccurate control surveys provided by COF may be
cause for increased fees. Re -work of mapping services will not be completed, nor additional fees
charged without written agreement between Surdex and COF.
Should any additional survey points be needed, Surdex will perform ground surveys to support
geospatial data production projects. This surveying will be performed to an accuracy and density
required to support the mapping project. The proposed control diagram is on the following page.
January 15, 2021 Page 2
PROPOSAL
City of Fayetteville, AR
2021 Digital Orthophotography
TRIANGULATION
1'�
SURDEX
All aerial imagery collected for this project will be processed through an analytical triangulation
solution that is controlled to ground survey points.
CONTROL DIAGRAM
CONTROL DIAGRAM
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NGCC J OpenStreetMap contributors, and the GIS User Community
0 1.5 3 6 Miles
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Legend
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Project boundary
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January 15, 2021 Page 3
PROPOSAL 1�
City of Fayetteville, AR N SURDEX
CORPORATION
2021 Digital Orthophotography
ORTHOIMAGERY MAPPING
Surdex will produce digital orthorectified aerial image tiles consistent with the shapefile area of
interest (A01) and tile layout provided by COF. The orthoimage tiles will be provided at a horizontal
scale of 1"=100' at a ground resolution of 0.5'. Unless specifically requested in writing, Surdex reserves
the right to utilize, if available, any existing elevation model deemed suitable for orthorectification to
meet the contractual accuracy requirements as stated. If suitable elevation data is not available,
Surdex will generate a new elevation model using manual and automated photogrammetric
techniques. If requested, Surdex will deliver the elevation model used in the orthorectification
process. To improve efficiency of client acceptance, Surdex may provide, at its discretion, seamline
data for reference. Standard image format shall be tiff and tiff world (.tif/.tfw) and will be delivered
on an external hard drive. Additional image formats are available. An additional charge may be
required for additional formatting or processing.
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. Table accuracy values below are
RMSE in feet.
CE95 ALLOWABLE SEAMLINE
GSD LIMITING RMSEx.v RMSE MISMATCH
6" 1.0' 1.41' 2.45' 2.0'
SCHEDULE
PRELIMINARY SCHEDULE
TASK DATE
Aerial Acquisition no later than March 15, 2021
Final delivery of orthophotography July 20, 2021
January 15, 2021 Page 4
PROPOSAL
City of Fayetteville, AR
2021 Digital Orthophotography
FEE SCHEDULE
SERVICES
DIGITAL AERIAL PHOTOGRAPHY
TOTAL
DELIVERY ITEMS
Q*V
14NN
SURDEXON
SPECIFICATIONS AND DELIVERABLES PRICE
The following delivery items are included in the fees above:
$28,000
$28,000
Digital Orthoimagery
■ Survey Report
■ Digital orthoimagery in .tif/tfw, .JPEG, Mr. SID tiles and/or MrSID mosaic formats
■ Seamline shapefile
■ FGDC-compliant metadata
SURDEX CORPORATION
e��- L�
Signature
Date: January 15, 2021
CITY OF FAYETTEVILLE, AR
ure
Date: "� / l � J 9"' t
HELP US PREVENT PAYMENT FRAUD - Surdex will adhere to the original payment processing method in our contract. Surdex will not
contact you to change payment processing methods. Surdex requests all questions or concerns be directed to Surdex Corporation,
Accounting
January 15, 2021 Page 5
PROPOSAL
City of Fayetteville, AR
2021 Digital Orthophotography
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 Corporation
("Surdex"). Both parties agree as follows:
ACCESS
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.
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
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.
1�
SURDEX
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, defend 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
arising directly out of Surdex's negligence, 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 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, defend 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
arising directly out of Client's negligence.
January 15, 2021 Page 6
PROPOSAL
City of Fayetteville, AR
2021 Digital Orthophotography
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.
The terms of the warranty for all deliverables shall
conform to the terms of the Surdex's GSA contract.
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 employee's
and agents.
1�
WN SURDEX
ARBITRATION
Disputes regarding this Agreement should, in everyone's
interest of expedience and cost, resolve issues in
arbitration, in accordance with the rules of the American
Arbitration Association. Should either party not agree to
such arbitration, they are entitled to seek judgement in a
court law.
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 State of Arkansas.
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.
January 15, 2021 Page 7
Surdex Corporation Supply Schedule Catalog/Price List — July 7, 2020
4URDEX
S
qCORPORATION
GENERAL SERVICES ADMINISTRATION FEDERAL SUPPLY SERVICE
AUTHORIZED FEDERAL SUPPLY SCHEDULE CATALOG/PRICE LIST
Online access to contract ordering information, terms and conditions, up-to-date pricing, and the
option to create an electronic delivery order is available through GSA Advantage!, a menu -driven
database system. The INTERNET address for GSA Advantage! is http:Hwww..qsaadvantage.gov
SCHEDULE TITLE: Multiple Award Schedule - Large Category - Information Technology
SIN: SIN 541370GEO
NAME: Earth Observation Solutions
CONTRACT NUMBER: 47QTCA18DOOJ5
CONTRACT PERIOD: 08/09/2018 through 08/08/2023
For more information on ordering from Federal Supply Schedules click on the FSS Schedules button
at www.fss.gsa.gov
CONTRACTOR: Surdex Corporation
520 Spirit of St Louis Blvd
Chesterfield, MO 63005-1002
Phone: (636) 368-4400
E-mail: MarkZ(aD-surdex.com
CONTRACTOR'S ADMINISTRATION SOURCE:
P.O.C.: Mark Zeman
Phone: (636) 368-4400
E-mail: MarkZ surdex.com
BUSINESS SIZE: Other than Small Business
CONTRACT INFORMATION:
1. TABLE OF AWARDED SPECIAL ITEM NUMBERS (SINs)
SIN DESCRIPTION
132-41 Earth Observation Solutions
520 Spirit of St. Louis Blvd. • Chesterfield, MO 63005 • (636) 368-4400 Page 1
Surdex Corporation Supply Schedule Catalog/Price List — July 7, 2020
2. MAXIMUM ORDER*: The maximum order is $1,000,000
*If the best value selection places your order over the Maximum Order identified in this
catalog/price list, you have an opportunity to obtain a better schedule contract price. Before
placing your order, contact the aforementioned contactor for a better price. The contractor
may (1) offer a new price for this requirement (2) offer the lowest price available under this
contract or (3) decline the order. A delivery order that exceeds the maximum order may be
placed under the schedule contract in accordance with FAR 8.404.
3. MINIMUM ORDER: $1,000
4. GEOGRAPHIC COVERAGE: Domestic delivery within the 48 contiguous states, Alaska,
Hawaii, Puerto Rico, Washington, DC, and U.S. Territories. Note that for products, domestic
delivery also includes a port or consolidation point, within the aforementioned areas, for orders
received from overseas activities.
5. POINT(S) OF PRODUCTION: N/A
6. DISCOUNT FROM LIST PRICES: Prices shown are GSA net prices
7. QUANTITYNOLUME DISCOUNT: None
8. PROMPT PAYMENT TERMS: None
9. Government Purchase Cards are accepted at or below the micro purchase threshold.
10. FOREIGN ITEMS: N/A
11a. TIME OF DELIVERY: Negotiated at Task Order Level
11 b. EXPEDITED DELIVERY: Negotiated at Task Order Level
11 c. OVERNIGHT AND 2-DAY DELIVERY: Negotiated at Task Order Level
11d. URGENT REQUIRMENTS: Agencies can contact the Contractor's representative to affect a
faster delivery. Customers are encouraged to contact the contractor for the purpose of
requesting accelerated delivery.
12. FOB POINT: Destination
Note: All travel required in the performance of this contract and orders placed hereunder
must comply with the Federal Travel Regulations (FTR) or Joint Travel Regulations
(JTR), as applicable, in effect on the date(s) the travel is performed. Established Federal
Govemment per diem rates will apply to all contractor travel. Contractors cannot use
GSA city pair contracts. The contractor shall not add the Industrial Funding Fee onto
travel costs.
13a. ORDERING ADDRESS: Same as Contractor's address.
13b. ORDERING PROCEDURES: For supplies and services, the ordering procedures,
information on Blanket Purchase Agreements (BPA's) are found in Federal Acquisition
Regulation (FAR) 8.405-3.
520 Spirit of St. Louis Blvd. • Chesterfield, MO 63005 • (636) 368-4400 Page 2
Surdex Corporation Supply Schedule Catalog/Price List — July 7, 2020
14. PAYMENT ADDRESS: Same as Contractor's address.
15. WARRANTY PROVISION: Standard Commercial Warranty. Customers should contact the
contractor for a copy of the warranty.
16. EXPORT PACKING CHARGES: N/A
17. TERMS AND CONDITIONS OF GOVERNMENT PURCHASE CARD ACCEPTANCE:
Accepted at or below the micro -purchase level.
18. TERMS AND CONDITIONS OF RENTAL, MAINTENANCE, AND REPAIR (IF APPLICABLE):
N/A
19. TERMS AND CONDITIONS OF INSTALLATION (IF APPLICABLE): N/A
20a. TERMS AND CONDITIONS OF REPAIR PARTS INDICATING DATE OF PARTS PRICE
LISTS AND ANY DISCOUNTS FROM LIST PRICES (IF AVAILABLE): N/A
20b. TERMS AND CONDITIONS FOR ANY OTHER SERVICES (IF APPLICABLE): N/A
21. LIST OF SERVICE AND DISTRIBUTION POINTS (IF APPLICABLE): N/A
22. LIST OF PARTICIPATING DEALERS (IF APPLICABLE): N/A
23. PREVENTIVE MAINTENANCE (IF APPLICABLE): N/A
24a. SPECIAL ATTRIBUTES SUCH AS ENVIRONMENTAL ATTRIBUTES (e.g. recycled content,
energy efficiency, and/or reduced pollutants): N/A
24b. Section 508 Compliance for EIT: N/A
25. DUNS NUMBER: 006332415
26. NOTIFICATION REGARDING REGISTRATION IN CENTRAL CONTRACTOR
REGISTRATION (CCR) DATABASE: Contractor is registered and valid in SAM until
06/09/2021, Cage Code = 8G253
520 Spirit of St. Louis Blvd. • Chesterfield, MO 63005 • (636) 368-4400 Page 3
Surdex Corporation
Supply Schedule Catalog/Price List — July 7, 2020
PRICE LIST
SIN(s)
PROPOSED
SERVICE PROPOSED (e.g. Job
Title/Task(including
PRICE OFFERED
TO GSA
IFF
541370GEO
Photogrammetrist Senior
109.92
541370GEO
Photogrammetrist Journeyperson
64.08
541370GEO
Quality Assurance Manager
98.27
541370GEO
Project Manager
94.18
541370GEO
Aerial Photography Pilot
67.55
541370GEO
Sensor Operator in flight
76.42
541370GEO
Sensor Operator on ground
47.09
541370GEO
Airborne GPS Ground Engineer
61.06
541370GEO
Stereo Technician
58.86
541370GEO
Orthophoto Technician
48.72
541370GEO
GIS Technician
48.44
541370GEO
Survey Licensed
114.44
541370GEO
Survey Technician
51.00
541370GEO
Geospatial Analyst Senior
109.61
541370GEO
Geospatial Analyst Joumey
68.87
541370GEO
Imagery Scientist
76.07
541370GEO
Cartographer Senior
82.08
541370GEO
Cartographer Joumeyperson
48.55
541370GEO
Database System Manager
127.58
ODC - "Other Direct Charges"
541370GEO
Piston single/hr
279.81
541370GEO
Piston twin/hr
582.28
541370GEO
Turbo prop/hr
800.12
541370GEO
LiDAR sensor/hr
505.97
541370GEO
Digital Sensor
639.56
541370GEO
GPS/hr
6.94
520 Spirit of St. Louis Blvd. • Chesterfield, MO 63005 - (636) 368-4400 Page 4
Surdex Corporation
City of Fayetteville Staff Review Form
2022-0196
Legistar File ID
N/A
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Greg Resz 2/22/2022 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 via
the Government Cooperative Purchasing Program (GSA) Schedule 70.
Budget Impact:
4470.170.8170-5315.00
Sales Tax Capital
Account Number Fund
2055.1 Geographic Information System (GIS)
Project Number
Budgeted Item? Yes Current Budget
Funds Obligated
Current Balance
Does item have a cost? Yes Item Cost
Budget Adjustment Attached? No Budget Adjustment
Remaining Budget
Project Title
$ 28,712.00
$ 28,712.00
$ 28,000.00
$ 712.00
V20210527
Purchase Order Number: Previous Ordinance or Resolution # 59-21
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
2-28-22
CITY OF
_ FAYETTEVILLE
ARKANSAS
TO: Mayor Jordan
THRU: Susan Norton, Chief of Staff
Keith Macedo, Information Technology Director
FROM: Greg Resz, GIS Manager
DATE: February 24, 2022
STAFF MEMO
SUBJECT: Staff recommends signing the attached proposal, with Surdex Corporation,
to provide GIS aerial photography via the Government Cooperative Purchasing Program
(GSA) Schedule 70.
RECOMMENDATION:
Staff recommends signing the attached proposal, with Surdex Corporation, to provide GIS aerial
photography via the Government Cooperative Purchasing Program (GSA) Schedule 70.
BACKGROUND:
The City's Geographic Information Systems (GIS) division provides mapping resources for the
entire City, which includes aerial photography data. The City traditionally obtains new aerial
photography on an annual basis to help monitor and map changes throughout the City. In 2021
City Council approved a proposal with Surdex Corporation to collect aerial photography data,
utilizing the same GSA cooperative purchasing program. City staff was happy with the quality of
the photography and with the responsiveness of Surdex.
DISCUSSION:
The GIS division has identified an existing cooperative purchasing agreement, through GSA
schedule 70, Contract #470TCA18DOOJ5, GSA Special Item Number (SIN) Earth Observation
Solutions: 132-41, with Surdex Corporation, that complies with City procurement policy. The
Surdex proposal meets or exceeds the City's specifications. The City used this same proposal
from Surdex in the 2020 and 2021. Staff has compared this proposal to previous years to
ensure the City Law Department approved verbiage remained unchanged. This proposal in the
amount of $28,000 is below the threshold for council approval.
BUDGET/STAFF IMPACT:
The cost for the attached proposal is $28,000 and is budgeted within the Sales Tax Capital
improvements fund, within the GIS CIP project (02055).
Attachments:
Staff Review Form, Staff Review Memo, Surdex Corporation 2022 proposal
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
PROPOSAL
CITY OF FAYETTEVILLE, AR
2022 Digital Orthophotography
DATE: February 3, 2022
rSURDEX
CORPORATION
Greg Resz, GISP
GIS Manager
City of Fayetteville, Arkansas
113 W. Mountain St.
Fayetteville, AR 72701
Phone: (479) 444-3431
Jack King
Business Development
Surdex Corporation
Office: (636) 368-4420
Mobile: (601) 405-4070
Email: iack.kingCa)-surdex.com
PROPOSAL
City of Fayetteville, AR
2022 Digital Orthophotography
1�
SURDEX
Surdex is proposing the City contract with us using our contract through the Government Cooperative
Purchasing Program, GSA Schedule 70, Contract #47QTCA18DOOJ5, 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 for this project are identified on the following page, Control Diagram (6") project
area that is approximately 154 sq. mi. located in the City of Fayetteville (COF), Arkansas. The exact
area of interest (AOI) diagram is shown on the Control Diagram on the following page. Prior to
mobilization of acquisition assets and production, Surdex will require confirmation of the contractual
project limits.
DIGITAL AERIAL PHOTOGRAPHY
Surdex aircraft will capture four band (red, green, blue, and new infrared), multispectral digital aerial
ortho photography of your area of interest(s); the control diagrams are provided later in this
document. 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 the City of Fayetteville and generally accepted industry practice. Surdex's
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. Surdex's 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: Surdex will acquire imagery leaf -off conditions 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 35 degrees.
Manufactures Calibration Reports: The manufactures calibration reports for our digital mapping
cameras/sensor will be provided to the COF.
GROUND CONTROL SURVEYS
Surdex will use existing photo identifiable control points provided by COF to support geospatial data
production for this project. Surdex assumes no responsibility for the accuracy of the control provided.
Re -work required by Surdex due to insufficient or inaccurate control surveys provided by COF maybe
cause for increased fees. Re -work of mapping services will not be completed, nor additional fees
charged without written agreement between Surdex and COF.
Should any additional survey points be needed, Surdex will perform ground surveys to support
geospatial data production projects. This surveying will be performed to an accuracy and density
required to support the mapping project. The proposed control diagram is on the following page.
February 3, 2022 Page 1
PROPOSAL
City of Fayetteville, AR
2022 Digital Orthophotography
TRIANGULATION
1�
`SURRP DEX
All aerial imagery collected for this project will be processed through an analytical triangulation
solution that is controlled to ground survey points.
CONTROL DIAGRAM
Sources Esn. HERE. Game USGS intermap INCREMENT P NRCan,
Esn Japan. METi Esn China (Hong Kong) Esn Korea Esn (Thadandl.
NGCC C OpenStreetMap contributors and the GIS User Community
0 1.5 3 6 Mites
1Legend
Co
q'NSURDEX ® points
Control points
CORPORATION W F
/ Q Project boundary
IS
February 3, 2022 Page 2
PROPOSAL 1�
City of Fayetteville, AR � SURDEX
C O R P O R AT I ON
2022 Digital Orthophotography
ORTHOIMAGERY MAPPING
Surdex will produce digital orthorectified aerial image tiles consistent with the shapefile area of
interest (A01) and tile layout provided by COF. The orthoimage tiles will be provided at a horizontal
scale of 1"=100' at a ground resolution of 1.0' and 1"=50' at a ground resolution of 0.5'. Unless
specifically requested in writing, Surdex reserves the right to utilize, if available, any existing elevation
model deemed suitable for orthorectification to meet the contractual accuracy requirements as
stated. If suitable elevation data is not available, Surdex will generate a new elevation model using
manual and automated photogrammetric techniques. If requested, Surdex will deliver the elevation
model used in the orthorectification process. To improve efficiency of client acceptance, Surdex may
provide, at its discretion, seamline data for reference. Standard image format shall be tiff and tiff
world (.tif/.tfw) and will be delivered on an external hard drive. Additional image formats are
available. An additional charge may be required for additional formatting or processing.
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. Table accuracy values below are
RMSE in feet.
GSD LIMITING RMSEx,r RMSEr CE95 ALLOWABLE SEAMLINE
MISMATCH
a
SCHEDULE
1.0' 1.41' 2.45'
TASK
Aerial Acquisition no later than
Final delivery of orthophotography
2.0'
DATE
March 15, 2022
July 20, 2022
February 3, 2022 Page 3
PROPOSAL
City of Fayetteville, AR
2022 Digital Orthophotography
FEE SCHEDULE
SERVICES
DIGITAL AERIAL PHOTOGRAPHY
TOTAL
1�
SURDEX
ON
SPECIFICATIONS AND DELIVERABLES PRICE
$28,000
$28,000
DELIVERY ITEMS
The following delivery items are included in the fees above:
Digital Orthoimagery
■ Survey Report
■ Digital orthoimagery in .tif/tfw, .JPEG, Mr. SID tiles and/or MrSID mosaic formats
■ Seamline shapefile
■ FGDC-compliant metadata
SURDEX CORPORATION
Signature
Date: February 3, 2022
CITY OF FAYETTEVILLE, AR
Date: 2-28-22
HELP US PREVENT PAYMENT FRAUD — Surdex will adhere to the original payment processing method in our contract. Surdex will not
contact you to change payment processing methods. Surdex requests all questions or concerns be directed to Surdex Corporation,
Accounting
February 3, 2022 Page 4
PROPOSAL
City of Fayetteville, AR
2022 Digital Orthophotography
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 Corporation
("Surdex"). Both parties agree as follows:
ACCESS
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.
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
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.
`1�
SURR PO DEX
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, defend 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
arising directly out of Surdex's negligence, 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 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, defend 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
arising directly out of Client's negligence.
February 3, 2022 Page 5
PROPOSAL
City of Fayetteville, AR
2022 Digital Orthophotography
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.
The terms of the warranty for all deliverables shall
conform to the terms of the Surdex's GSA contract.
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 employee's
and agents.
`1�
SURDEX
ARBITRATION
Disputes regarding this Agreement should, in everyone's
interest of expedience and cost, reolvve issues in
arbitration, in accordance with the rules of the American
Arbitration Association. Should either party not agree to
such arbitration, they are ntititled to seek judgement in a
court law.
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 State of Arkansas.
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.
February 3, 2022 Page 6
Surdex Corporation Proposal
City of Fayetteville Staff Review Form
2022-0991
Legistar File ID
N/A
City Council Meeting Date -Agenda item Only
N/A for Non -Agenda Item
ARCHIVED
Keith Macedo 10/18/2022 INFORMATION TECHNOLOGY (170)
Submitted By Submitted Date Division / Department
Action Recommendation:
Staff recommends signing the attached proposal, with Surdex Corporation, to update the City's impervious
mapping data to support analysis of a proposed stormwater utility.
4470.170.8170-5315.00
Account Number
2055.1
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? No
Budget Impact:
Sales Tax Capital
Fund
Geographic Information System (GIS)
Project Title
Current Budget
$ 111,009.00
Funds Obligated
$ 56,450.01
Current Balance
$ 54,558.99
Item Cost
$ 19,500.00
Budget Adjustment
Remaining Budget
$ 35,058.99
M210527
Purchase Order Number: Previous Ordinance or Resolution p 79-20,59-21
Change Order Number: Approval Date: 10/25/22
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE STAFF MEMO
ARKANSAS
TO:
Mayor Jordan
THRU:
Susan Norton, Chief of Staff
FROM:
Keith Macedo, Information Technology Director
DATE:
October 18, 2022
SUBJECT: Staff recommends signing the attached proposal, with Surdex Corporation,
to update the City's impervious surface GIS data.
RECOMMENDATION:
Staff recommends signing the attached proposal, with Surdex Corporation, to update the City's
impervious surface GIS data to support analysis of a proposed stormwater utility.
BACKGROUND:
The City's Geographic Information Systems (GIS) division provides mapping resources for the
entire City, which includes aerial photography data. The City traditionally obtains new aerial
photography on an annual basis to help monitor and map changes throughout the City. In 2022
the City approved a proposal with Surdex Corporation to collect aerial photography data,
utilizing a GSA cooperative purchasing program. City staff has been happy with the quality of
the photography and with the responsiveness of Surdex. In 2018 the City contracted to develop
an impervious GIS data layer, which has been updated by staff, but needs to be updated to
match the aerial photography collected in March 2022 by Surdex. The Surdex agreement was
approved via the Government Cooperative Purchasing Program (GSA) Schedule 70.
DISCUSSION:
Since Surdex performed the 2022 aerial photography work they are able to update the
impervious surface layer in a cost effective and on a time frame that supports the proposed
stormwater utility study. The proposed impervious mapping work is not available through the
Government Cooperative Purchasing Program (GSA) Schedule 70 Surdex agreement due to
utilizing offshore staffing. To leverage the Surdex 2022 aerial photography to reduce cost and
obtain the impervious GIS data quickly to align with the stormwater utility study, staff is
recommending approving a sole source justification to approve the attached agreement. IT has
submitted a sole source justification request to purchasing as part of this request.
BUDGETISTAFF IMPACT:
The cost for the attached proposal is $19,500 and is budgeted within the Sales Tax Capital
improvements fund, within the GIS CIP project (02055).
Attachments: Staff Review Form, Staff Review Memo, Surdex Corporation 2022 proposal
Mailing Address:
113 W Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
C
AL�
City of Fayetteville, kansas
Impervious Surface Mapping
DATE
October 17, 2022
SUI
CORI
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
Email: Jack.King@surdex.com
TECHNICAL PROPOSAL 1`uRDEx
Cky of Fayetteville, Arkansas `C O R r e R A T, D N
Impervious Surface Mapping Update I/
PROJECT OVERVIEW
This project includes an update to the impervious surface mapping data over the City of Fayetteville,
Arkansas. Surdex will use the 6" Ground Sample Distance (GSD) digital orthoimagery captured in the
spring of 2022 to update the existing impervious surface dataset which is from 2018.
SCHEDULE
Surdexls assigned project manager, Adam Hoffmann, will 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.
FEE SCHEDULE
SERVICES SPECIFICATIONS AND DELIVERABLES PRICE
IMPERVIOUS SURFACE MAPPING UPDATE Update of existing geodatabaseusing 2022 6" GSD aerial imagery $tg�600
Proposal is good for Sixty (60) days from date of proposal.
DELIVERY ITEMS
The fee schedule includes the delivery of updated impervious surface features in ESRI geodatabase
format. Delivery is to be no later than December 12, 2022.
SURDEX CORPORATION Xignature
AYETT 16 E, ARKANSAS
Signature
Date October 17, 2022 Date I222
HELP US PREVENT PAYMENT FRAUD — Surdex will adhere to the original payment processing method in our
contract. Surdex will not contact you to change payment pmcessing methods. Surdex requests all questions orconcems
be directed to Surdex Corporation, Accounting.
DATE: October 17, 2022 Page III
TECHNICAL PROPOSAL
City of Fayelteuille, Arkansas
Impervious Surface Mapping Update
TERMS AND CONDITIONS
The following terms and conditions are incorporated in
and together with the proposal become a partof the
contract between Client and Surdex Corporation
('Surdex'). Both parties agree as follows:
ACCESS
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.
INVOICES I 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
1 % percent per month (16% 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 Employers 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.
&OwDEX
ON
3) COMPREHENSIVE AUTOMOBILE LIABILITY:
$1,000,000 Combined Single Limit per accident
including any auto, all owned autos, hired autos and
non -awned 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, defend 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
arising directly out of Surdex's negligence, 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 Uaims in respect thereof against Client,
except for any claim arising out of Client's negligence or
willful 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, defend 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
arising directly out of Clients negligence.
DATE: October 17, 2022 Page 2
TECHNICAL PROPOSAL
City of Fayeffeville, Arkansas
Impervious Surface Mapping Update
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 (S) 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 tt 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
R;��OlwDEX
event beyond the control of the other or its employees
and agents.
ARBITRATION
All disputes arising out of or relating to this Agreement
shall be decided by arbitration, in accordance with the
rules of the American Arbitration Association. The
prevailing party shall be awarded attomeys' fees and
costs.
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.
:KePI ci:7:II:C F
This Agreement shall be governed by and construed in
accordance with the laws of the State of Missouri. 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.
DATE: October 17, 2022 Page 3