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E-6. Approve Purchase of Professional Mapping Services from Surdex Company. E— (c ` T Y • e, CITY Of ClIANHASSEN d sv S Chanhassen is a Community for Life-Providing for Today and Planning for Tomorrow 4' H A � MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Richard Rice, IT Manager DATE: November 14, 2016 SUBK: Approve Purchase of Planometric Mapping Services PROPOSED MOTION "The City Council approves the purchase of mapping services from the Surdex Corporation for the purpose of generating new Planometric GIS data for the amount of$22,300." City Council approval requires a simple majority vote of the City Council present. BACKGROUND The City of Chanhassen partnered with Carver County for the acquisition of aerial imagery and GIS data sets in 2005.The city used this data to generate the initial Planometric mapping layer(asset outlines), in 2006.This data is used by all City departments, including the Engineering Department for street and utility projects and the Planning Department for development projects.The areas selected for Planometric updates are the highway 212 corridor and new developments constructed after 2006. The selected vendor is on the State of Minnesota Master Contract for Professional services. RECOMENDATION Staff recommends the purchase of Aerial/Planometric mapping services from the Surdex Corporation for the amount of$22,300. ATTACHMENTS 1. Proposal -Surdex Corporation 2. Map—Planometric Development Area 3. Surdex Master State Contract 4. CIP EQ-055 Aerial Photography PH 952.227.1100• www.cl.chanhassen.mn.us• FX 952.227.1110 7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317 *1111I SURDEX CORPORATION PROPOSAL PHOTOGRAMMETRIC SERVICES Date: October 26,2016 TO Contact Joleen Devens Organization City of Chanhassen Business 7700 Market Blvd. Address Phone Chanhassen, MN 55317 FROM Name of Firm Surdex Corporation Business Address 520 Spirit of St. Louis Blvd. Chesterfield, MO 63005-1002 United States Contact Tim Donze Email timdAsurdex.com Website www.surdex.com Phone/Facsimile 314-422-7616/636-368-4401 Type Ownership S-Corporation FEIN 43-0690641 Year Established Est. 1954, Missouri Thank you for your recent request for photogrammetric services. The following documentation describes Surdex's understanding of the project and its proposed Scope of Services. Surdex Corporation (v.8-,an-07-15) 1 CHANHASSEN,MN PLANIMETRICS 1� 26-Oct-16 %SURDEX CORPORATION PROJECT AREA The project area includes parts of Chanhassen identified by Chanhassen. The exact area of interest (A01) is shown on the boundary diagram later in this document. Prior to mobilization of acquisition assets and production,Surdex will require confirmation of the contractual project limits. DIGITAL AERIAL PHOTOGRAPHY Aerial photography to be used for producing the planimetrics was produced for the County in conjunction with MNIT and the Met Council. DIGITAL MAPPING PLANIMETRIC MAPPING Surdex technicians will collect visible and identifiable features from the aerial photography that are generally shown on maps at 1"=100'. Surdex will digitize the planimetric features in the 3-D stereo environment following industry accepted practice. Field data collection of planimetric features is not included in this proposal. Planimetric features to be shown include: #200 scale mapping# Primary Roads Unpaved Roads Trails Railroads-single line Buildings Foundations/Ruins Concrete Pads Under Construction Zones Airports Utility Substations Parking Lots Bridges/Abutments Culverts(large) _ Concrete Dams Athletic Fields Tennis Courts Golf Course Cemetery Pipelines Large Signs/Billboards } Antenna Transmission Towers Water Tanks Walls-free/retaining/high Treelines Brushline Major Fencelines Swamps Lakes/Ponds Rivers/streams Single Trees(35'crown) #100 scale mapping# Primary Roads Unpaved Roads Trails Railroads-single line Buildings Foundations/Ruins Concrete Pads Under Construction Zones Airports I Utility Substations Parking Lots Bridges/Abutments Culverts(large) Concrete Dams Athletic Fields Tennis Courts Golf Course Cemetery Pipelines Large Signs/Billboards Antenna Transmission Towers Water Tanks Walls-free/retaining/high TreelinesBrushline Major Lakes/PondsRivers/streams Single Trees(35'crown) Alleys Driveways Shoulders Public Sidewalks GuardrailsCulverts(small) Catch basins In ground pools IIEMPraIMMIIIMILEMIMIMNINIIIFraffic Light Utility Pole w/light Traffic light Manholes Single trees(25'crown) Residential Fencelines MAPPING ACCURACY Surdex Corporation (v.8-,an-07-15) 2 CHANHASSEN,MN PLANIMETRICS 26-Oct-16 %SURDEX RApION Unless otherwise requested, the photogrammetric mapping provided under this proposal will meet or exceed American Society for Photogrammetry and Remote Sensing (ASPRS) Accuracy Standards for Large Scale Maps, Class 1 horizontal and/or vertical accuracies as listed below. Photogrammetric mapping meeting alternate accuracies(Class 2 or 3) is available upon request.Table accuracy values below are RMSE in feet. Class 1 Class 2 Class 3 Map Scale Accuracy Accuracy Accuracy RMSE RMSE RMSE 1"=20' 0.2 0.4 0.6 1"=40' 0.4 0.8 1.2 1"=50 0.5 1 1.5 1"=100' 1 2 3 1"=200' 2 4 6 1"=400' 4 8 12 In areas where the ground is obscured on the photographs, such as areas of dense foliage or coniferous growth, contours may not meet the previously defined map accuracies and no warranty is expressed or implied concerning such areas. Wherever possible, however, spot elevations will be shown to provide the most complete and accurate vertical information available from the photography used for this project. MAP TESTING PROCEDURES Standard procedure requires that photogrammetric maps be field-checked prior to use. Obtaining field survey information for map check purposes will be the sole responsibility of the City. Failure to perform field tests and notify Surdex of non-compliance with the map accuracy standards previously stated within 90 days of delivery shall be deemed an acceptance of the maps and any claims whatsoever as a result of such non-compliance are waived. 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 or 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. Surdex recommends map testing follow FGDC-STD-007.3-1998, Geospatial Positioning Accuracy Standards, Part 3: National Standard for Spatial Data Accuracy(NSSDA)guidelines. http://www.fgdc.gov/sta ndards/projects/FG DC-sta nda rds-projects/accuracy/pa rt3/cha pter3 SCHEDULE The aerial photography will be scheduled immediately upon your authorization to proceed. A Project Manager will be assigned to coordinate the production and scheduling of this project. Services will be provided on a mutually agreeable schedule after receipt of the signed copy of this proposal/ contract. Both seasonal and daily weather conditions dictate when acceptable data can be captured. Our Flight Control Manager will consider these factors when planning the schedule. FEE SCHEDULE Surdex Corporation (v.8-lan-07-15) 3 CHANHASSEN,MN PLANIMETRICS 26-Oct-16 `SURDEX ON SERVICES SCALE AND PRODUCT PRICE Digital Planimetric Mapping 1"=100' planimetric mapping $22,300 _ _ I DELIVERY ITEMS included in above fees: • Digital data in .GDB, planimetric features will be delivered as feature classes within an ESRI geodatabase, chanhanssen.gdb Proposal is good for Sixty (60)days from date of proposal. SURDEX CORPORATION CITY OF CHANHASSEN, MN C FO Signature Signature Date: Date: (d 126JIto Surdex Corporation (v.8-Jan-07-15) 4 CHANHASSEN,MN PLANIMETRICS 26-Oct-16 glib SURDEX ON • Sources Esn,HERE,i •rme.Intermap.increment P Corp,GEECO,USGS.FAO.NPS.NRCAN, GeoBase,IGN,Kadaster NL,Ordnance Survey,Esri Japan.MET! Esri China(Hong Kong),smsstopo, Mapmylndia.i OpenStreetMap contnoutors,and the GIS User Community Surdex Corporation (n.8-)an-07-1S) 5 CHANHASSEN,MN PLANIMETRICS 26-Oct-16 *SURDEX ORPORACITERMS AND CONDITIONS including Contractual Liability covering Surdex's indemnification obligations in this Agreement. The following terms and conditions are 3) COMPREHENSIVE AUTOMOBILE LIABILITY: incorporated in and become a part of the proposal between Client and Surdex Corporation ("Surdex"). $1,000,000 Combined Single Limit per accident Client and Surdex agree as follows: including any auto, all owned autos, hired autos and non-owned autos. ACCESS 4) PROFESSIONAL LIABILITY: $2,000,000.00 Client shall arrange for access to and make all provisions for Surdex to enter upon all public and 5) AIRCRAFT LIABILITY:$10,000,000.00 private lands as required for Surdex to perform its services. 6) VALUABLE PAPERS: $150,000.00 INDEMNITY INVOICES Surdex agrees to indemnify, defend and hold Client Client shall be invoiced on a monthly or phased harmless from and against any and all claims, basis as set forth in the proposal. Payment shall be demands, suits, damages, and costs (including due within 30 days after Client's receipt of an attorney' fees and cost of defense) due to bodily invoice. Client is solely responsible for payment of injury or property damages arising directly out of services. Payment will in no way be conditional Surdex's negligence, but only to the extent that upon Client receipt of payment for Client accepted such indemnity is covered by Surdex's CGL or services provided by Surdex. Interest shall accrue on Professional Liability insurance. past due invoices at the rate of 1 Y2 percent per month (18% per annum), or the maximum rate As a material part of the consideration to Surdex, allowed by law, whichever is less, from the date Surdex assumes all risk of damage to its property or that payment was first due. Payments shall be injury to persons, including its agents, contractors applied first to accrued interest and then to unpaid and employees in performance of Services principal. Client agrees to pay Surdex's fees, costs, hereunder, and Surdex hereby waives all claims in and other reasonable expenses, including attorney's respect thereof against Client, except for any claim fees, incurred in any efforts to enforce any arising out of Client's negligence or willful provision of this Agreement, including efforts to misconduct. As used in this Section, the term compel payment of past due amounts. If a project "Client" shall include Client's employees,agents and is inactive for more than 45 days, Surdex may contractors, if applicable, and "Surdex" shall include suspend the services and bill Client for all services Surdex's employees, agents and contractors, if performed to date. If Client does not provide applicable. Client agrees to indemnify, defend and evidence of tax exempt status prior to hold Surdex harmless from and against any and all commencement of any services by Surdex then claims, demands, suits, damages, and costs Client shall be responsible for all taxes in (including attorney' fees and cost of defense) due to connection with such services. bodily injury or property damages arising directly out of Client's negligence. SURDEX'S INSURANCE REQUIREMENTS TESTING Surdex shall maintain in force throughout the term of this Agreement insurance of the types and in the Client shall independently verify the accuracy of minimum amounts set forth below. Surdex's services prior to using or relying on the same (or providing the same to others for any 1) WORKERS COMPENSATION: Statutory reason), and in an event no later than six(6) months Coverage, including Employer's Liability with after completion of the services (the "Claim minimum limits of$1,000,000. Period"). If Client fails to take commercially reasonable efforts to verify the accuracy of Surdex's 2) COMMERCIAL GENERAL LIABILITY: $1,000,000 services as required herein then Client shall be Combined Single Limit per occurrence for Bodily deemed to have waived all claims and rights of Injury, Personal Injury, and Property Damages, recovery against Surdex, regardless of legal theory. Surdex Corporation (v.8-Jan-07-15) 6 CHANHASSEN,MN PLANIMETRICS 26-Oct-16 `S,URDEX / RIGHT TO CURE similar practices of Surdex, whether developed prior to or during the project, shall remain the If Client discovers errors in the services within the property of Surdex until sold or licensed to Client Claim Period, Client shall promptly notify Surdex for its use or use by others for separate and Surdex shall have the right for ninety (90) days compensation. Client shall not alter the same in after receipt of Client's notice (or such longer any manner and shall waive any claim against period if 90 days is insufficient) to correct such Surdex and shall, to the fullest extent permitted by defects at Surdex's sole cost. law, indemnify, defend, and hold Surdex harmless LIMITATION OF LIABILITY from any claim or liability for injury or loss arising from unauthorized alteration of Surdex's work To the fullest extent permitted by law, Surdex's product. total aggregate liability to the Client arising out of this Agreement, whether arising in contract, Surdex shall keep confidential all information warranty, tort (including negligence), strict liability, obtained from and designated as confidential by or otherwise, is limited to the Total Price paid to Client and shall not divulge any confidential Surdex. information concerning the Project to any person or entity (other than Surdex's subcontractors, NOTWITHSTANDING ANYTHING TO THE CONTRARY, employees or other persons or entities to the NEITHER CLIENT NOR SURDEX SHALL BE LIABLE TO extent necessary to complete the services) unless THE OTHER FOR, AND EACH EXPRESSLY WAIVES THE written approval is granted by the Client or as RIGHT TO RECOVER, CONSEQUENTIAL, INDIRECT, ordered by a court of competent jurisdiction. PUNITIVE, SPECIAL OR EXEMPLARY LOSSES OR DAMAGES, WHETHER ARISING IN CONTRACT, This Agreement shall be governed by and construed WARRANTY, TORT (INCLUDING NEGLIGENCE), in accordance with the laws of the State of STRICT LIABILITY OR OTHERWISE, INCLUDING BUT Missouri, without regard to is conflicts of laws rules. NOT LIMITED TO LOSSES OF USE, PROFITS, Should a conflict of terms arise from agreed to flow BUSINESS, REPUTATION OR FINANCING. down provisions, the terms of this agreement shall prevail. OTHER This Agreement shall be binding upon and inure to Any services being provided to Client by Surdex may the benefit of the parties hereto, their successors be terminated by either party upon ten (10) days and assigns. 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. Neither Client nor Surdex shall be liable to the other for damages or delay in performance caused by acts of God, strikes, labor disputes, accidents or any other event beyond the control of the other or its employee's and agents. 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 attorneys'fees and costs. 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 be the property of the Client. 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ZE PlanimetricNeededLine wow- ' -• ' ..-- ... .-,..40 Priority . 1 11111111/ Iii Ai lialkill -Ai r ass, q 0 t'', ___iiiii/4 il invinvor rytittlikri 1, Secondary . e- / 4KOHM111M1111111 UlealkSt.,-7441.1 High 4011,1P. , 111131111rAVO7r la rol - ow III tranlir $•::;v*, im itysigii r li 14.fritZr.14111k11(411-11-111111111r—.. fk,4TIbliwgrolit. r 111161a........... 40111.0* 11 lir---111111111R1-111o19210- 4,4-- : 401111Wr 1411" OPIlliald STATE OF MINNESOTA PROFESSIONAL AND TECHNICAL SERVICES MASTER CONTRACT This Master Contract is between the State of Minnesota,acting through its Department of Administration("State")and Surdex Corporation, 520 Spirit of St. Louis Boulevard,Chesterfield,MO 63005-1095 ("Contractor"). Recitals 1. Under Minnesota Statute § 15.061 the State is empowered to engage such assistance as deemed necessary. 2. The State is in need of Aerial Imagery data collection services. 3. The Contractor represents that it is duly qualified and agrees to perform all services described in this Master Contract and performed under Work Order contracts to the satisfaction of the State. Master Contract 1 Term of Master Contract 1.1 Effective Date: January 15,2016, or the date the State obtains all required signatures under Minnesota Statute § 16C.05, subdivision 2,whichever is later. 1.2 Work Order Contracts. The term of work under Work Order contracts issued under this Master Contract may not extend beyond the expiration date of this Master Contract. 1.3 Expiration Date: January 14,2018,with an option to extend three(3)additional years in increments determined by the State. 1.4 Survival of Terms. The following clauses survive the expiration or cancellation of this Master Contract and all Work Order contracts: 9. Indemnification; 10. State Audits; 11. Government Data Practices and Intellectual Property; 15.Publicity and Endorsement; 16. Governing Law,Jurisdiction,and Venue; and 20.Data Disclosure. 2 Scope of Work The Contractor,who is not a state employee, shall provide Aerial Imagery data collection services as set forth in Exhibit B,upon request from the State and subject to the execution of a mutually agreed upon subsequent Work Order(s). The Contractor understands that only the receipt of a fully executed Work Order contract authorizes the Contractor to begin work under this Master Contract. Any and all effort,expenses,or actions taken before the Work Order contract is fully executed is not authorized under Minnesota Statutes and is under taken at the sole responsibility and expense of the Contractor. A sample Work Order contract is attached and incorporated into this Master Contract as Exhibit A. The Contractor understands that this Master Contract is not a guarantee of a Work Order contract. The State has determined that it may have need for the services under this Master Contract,but does not commit to spending any money with the Contractor. 3 Exhibits and Order of Precedent 3.1 Exhibits. The following Exhibits are attached and incorporated herein. A. Exhibit A—Work Order B. Exhibit B—Standards/General Requirements 4 Time The Contractor must comply with all the time requirements described in Work Order contracts. In the performance of Work Order contracts,time is of the essence. P/T Contract(Rev.]/15) 5 Consideration and Payment 5.1 Consideration. The State will pay for all services satisfactorily performed by the Contractor for all Work Order contracts issued under this Master Contract. The total compensation of all Work Order contracts under the Aerial Imagery Master Contract program may not exceed One Million Dollars($1,000,000). 5.2 Travel Expenses. Reimbursement for travel and subsistence expenses actually and necessarily incurred by the Contractor as a result of any Work Order contract will be reimbursed in the same manner and in no greater amount than provided in the current"Commissioner's Plan"promulgated by the commissioner of Employee Relations. The Contractor will not be reimbursed for travel and subsistence expenses incurred outside Minnesota unless it has received the State's prior written approval for out of state travel. Minnesota will be considered the home state for determining whether travel is out of state. 5.3 Payment A. Invoices. Pursuant to Minnesota Statute § 16A.124,the State will promptly pay the Contractor after the Contractor presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted timely no more frequently than monthly. B. Retainage. Under Minnesota Statute § 16C.08, subdivision 2(10),no more than 90 percent of the amount due under any Work Order contract may be paid until the final product of the Work Order contract has been reviewed by the State's agency head. The balance due will be paid when the State's agency head determines that the Contractor has satisfactorily fulfilled all the terms of the Work Order contract. 6 Conditions of Payment All services provided by the Contractor under a Work Order contract must be performed to the State's satisfaction and in accordance with all applicable federal,state,and local laws,ordinances,rules,and regulations. The Contractor will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state,or local law. 7 Authorized Representatives and Project Managers 7.1 State. State's Authorized Representative for this Master Contract is the individual identified below,or his/her successor: Name: Mark Haselman Title: Procurement Analyst Address: Materials Management Division 112 Administration Building 50 Sherburne Avenue St.Paul,MN 55155 Telephone: (651)201-3049 E-mail Address: Mark.Haselman@state.mn.us State's Project Manager will be identified in each Work Order. 7.2 Contractor. Contractor's Authorized Representative for this Master Contract is: Name: Ronald C.Hoffmann Title: President Address: 520 Spirit of St. Louis Boulevard Chesterfield,MO 63005-1095 Telephone: (636)368-4400 P/T Contract(Rev.I/15) E-mail Address: RonH@surdex.com If Contractor's Authorized Representative changes at any time during this Master Contract,Contractor must immediately notify the State. Contractor's Project Manager will be identified in each Work Order. 8 Assignment,Amendments,Waiver,and Contract Complete 8.1 Assignment The Contractor may neither assign nor transfer any rights or obligations under this Master Contract or any Work Order contract without the prior consent of the State and a fully executed Assignment Agreement,executed and approved by the same parties who executed and approved this Master Contract,or their successors in office. 8.2 Amendments. Any amendment to this Master Contract or any Work Order contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original contract,or their successors in office. 8.3 Waiver. If the State fails to enforce any provision of this Master Contract or any Work Order contract,that failure does not waive the provision or its right to enforce it. 8.4 Contract Complete. This Master Contract and any Work Order contract contain all negotiations and agreements between the State and the Contractor. No other understanding regarding this Master Contract or Work Order contract,whether written or oral,may be used to bind either party. 9 Indemnification and Limitation of Liability 9.1 Indemnification Obligation. In the performance of this contract by Contractor,or Contractor's agents or employees,the contractor must indemnify,save,and hold harmless the State, its agents,and employees,from any claims or causes of action, including attorney's fees incurred by the state,to the extent caused by Contractor's: 1) Intentional,willful,or negligent acts or omissions;or 2) Actions that give rise to strict liability;or 3) Breach of contract or warranty. The indemnification obligations of this section do not apply in the event the claim or cause of action is the result of the State's sole negligence. This clause will not be construed to bar any legal remedies the Contractor may have for the State's failure to fulfill its obligation under this contract. 9.2 Limitation of Liability. Neither party shall be liable to the other for any indirect,consequential,punitive, special or exemplary damages resulting from any negligent acts,errors,omissions or breach of this Agreement. 10 State Audits Under Minnesota Statute § 16C.05, subdivision 5,the Contractor's books,records,documents,and accounting procedures and practices relevant to any Work Order contract are subject to examination by the State and/or the State Auditor or Legislative Auditor,as appropriate,for a minimum of six years from the end of this Master Contract. 11 Government Data Practices and Intellectual Property The Contractor and State must comply with the Minnesota Government Data Practices Act,Minnesota Statute Ch. 13, as it applies to all data provided by the State under any Work Order contract,and as it applies to all data created, collected,received,stored,used,maintained,or disseminated by the Contractor under the Work Order contract.The civil remedies of Minnesota Statute § 13.08 apply to the release of the data referred to in this clause by either the Contractor or the State. P/T Contract(Rev.1/15) If the Contractor receives a request to release the data referred to in this Clause,the Contractor must immediately notify the State. The State will give the Contractor instructions concerning the release of the data to the requesting party before the data is released. 12 Intellectual Property Rights 12.1 Intellectual Property Rights. The State owns all rights,title,and interest in all of the intellectual property rights, including copyrights,patents,trade secrets,trademarks,and service marks in the Works and Documents created and paid for under Work Order contracts. Works means all inventions,improvements, discoveries(whether or not patentable),databases,computer programs,reports,notes, studies,photographs, negatives,designs,drawings,specifications,materials,tapes,and disks conceived,reduced to practice, created or originated by the Contractor,its employees,agents,and subcontractors,either individually or jointly with others in the performance of this Master Contract or any Work Order contract. Works includes "Documents." Documents are the originals of any databases,computer programs,reports,notes, studies, photographs,negatives,designs,drawings,specifications,materials,tapes,disks,or other materials,whether in tangible or electronic forms,prepared by the Contractor,its employees,agents,or subcontractors, in the performance of a Work Order contract. The Documents will be the exclusive property of the State and all such Documents must be immediately returned to the State by the Contractor upon completion or cancellation of the Work Order contract. To the extent possible,those Works eligible for copyright protection under the United States Copyright Act will be deemed to be"works made for hire." The Contractor assigns all right, title, and interest it may have in the Works and the Documents to the State. The Contractor must, at the request of the State,execute all papers and perform all other acts necessary to transfer or record the State's ownership interest in the Works and Documents. 12.2 Obligations A. Notification. Whenever any invention, improvement,or discovery(whether or not patentable)is made or conceived for the first time or actually or constructively reduced to practice by the Contractor, including its employees and subcontractors,in the performance of the Work Order contract,the Contractor will immediately give the State's Authorized Representative written notice thereof,and must promptly furnish the Authorized Representative with complete information and/or disclosure thereon. B. Representation. The Contractor must perform all acts,and take all steps necessary to ensure that all intellectual property rights in the Works and Documents are the sole property of the State,and that neither Contractor nor its employees,agents,or subcontractors retain any interest in and to the Works and Documents. The Contractor represents and warrants that the Works and Documents do not and will not infringe upon any intellectual property rights of other persons or entities. Notwithstanding Clause 9,the Contractor will indemnify;defend,to the extent permitted by the Attorney General; and hold harmless the State,at the Contractor's expense,from any action or claim brought against the State to the extent that it is based on a claim that all or part of the Works or Documents infringe upon the intellectual property rights of others. The Contractor will be responsible for payment of any and all such claims,demands, obligations, liabilities,costs,and damages,including but not limited to,attorney fees. If such a claim or action arises,or in the Contractor's or the State's opinion is likely to arise,the Contractor must,at the State's discretion, either procure for the State the right or license to use the intellectual property rights at issue or replace or modify the allegedly infringing Works or Documents as necessary and appropriate to obviate the infringement claim. This remedy of the State will be in addition to and not exclusive of other remedies provided by law. 13 Affirmative Action Requirements for Contracts in Excess of$100,000 and if the Contractor has More than 40 Full-time Employees in Minnesota or its Principal Place of Business The State intends to carry out its responsibility for requiring affirmative action by its Contractors. P/T Contract(Rcv.1/15) 13.1 Covered Contracts and Contractors. If the Contract exceeds $100,000 and the contractor employed more than 40 full-time employees on a single working day during the previous 12 months in Minnesota or in the state where it has its principle place of business, then the Contractor must comply with the requirements of Minnesota Statute § 363A.36 and Minnesota Rule Parts 5000.3400-5000.3600. A contractor covered by Minnesota Statute § 363A.36 because it employed more than 40 full-time employees in another state and does not have a certificate of compliance, must certify that it is in compliance with federal affirmative action requirements. 13.2 Minnesota Statute §363A.36. Minnesota Statute § 363A.36 requires the Contractor to have an affirmative action plan for the employment of minority persons, women, and qualified disabled individuals approved by the Minnesota Commissioner of Human Rights ("Commissioner") as indicated by a certificate of compliance. The law addresses suspension or revocation of a certificate of compliance and contract consequences in that event. A contract awarded without a certificate of compliance may be voided. 13.3 Minnesota Rule Parts 5000.3400-5000.3600. A. General. Minnesota Rule Parts 5000.3400-5000.3600 implement Minnesota Statute § 363A.36. These rules include, but are not limited to, criteria for contents, approval, and implementation of affirmative action plans; procedures for issuing certificates of compliance and criteria for determining a contractor's compliance status; procedures for addressing deficiencies, sanctions, and notice and hearing; annual compliance reports; procedures for compliance review; and contract consequences for non-compliance. The specific criteria for approval or rejection of an affirmative action plan are contained in various provisions of Minnesota Rule Parts 5000.3400-5000.3600 including, but not limited to, parts 5000.3420- 5000.3500 and 5000.3552-5000.3559. B. Disabled Workers. The Contractor must comply with the following affirmative action requirements for disabled workers. 1. The Contractor must not discriminate against any employee or applicant for employment because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled persons without discrimination based upon their physical or mental disability in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation,and selection for training, including apprenticeship. 2. The Contractor agrees to comply with the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. 3. In the event of the Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with Minnesota Statutes Section 363A.36, and the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. 4. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment,notices in a form to be prescribed by the commissioner of the Minnesota Department of Human Rights. Such notices must state the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified disabled employees and applicants for employment,and the rights of applicants and employees. 5. The Contractor must notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the contractor is bound by the terms of Minnesota Statutes Section 363A.36, of the Minnesota Human Rights Act and is committed to take affirmative action to employ and advance in employment physically and mentally disabled persons. C. Consequences. The consequences for the Contractor's failure to implement its affirmative action plan or make a good faith effort to do so include, but are not limited to, suspension or revocation of a certificate P/T Contract(Rev 1/15) of compliance by the Commissioner, refusal by the Commissioner to approve subsequent plans, and termination of all or part of this contract by the Commissioner or the State. D. Certification. The Contractor hereby certifies that it is in compliance with the requirements of Minnesota Statute § 363A.36 and Minnesota Rule Parts 5000.3400-5000.3600 and is aware of the consequences for noncompliance. 14 Workers' Compensation and Other Insurance A. Contractor shall not commence work under the contract until they have obtained all the insurance described below and the State of Minnesota has approved such insurance. Contractor shall maintain such insurance in force and effect throughout the term of the contract. B. Contractor is required to maintain and furnish satisfactory evidence of the following insurance policies: 1. Workers' Compensation Insurance: Except as provided below, Contractor must provide Workers' Compensation insurance for all its employees and, in case any work is subcontracted, Contractor will require the subcontractor to provide Workers' Compensation insurance in accordance with the statutory requirements of the State of Minnesota, including Coverage B,Employer's Liability. Insurance minimum limits are as follows: $100,000—Bodily Injury by Disease per employee $500,000—Bodily Injury by Disease aggregate $100,000—Bodily Injury by Accident If Minnesota Statute 176.041 exempts Contractor from Workers' Compensation insurance or if the Contractor has no employees in the State of Minnesota, Contractor must provide a written statement, signed by an authorized representative, indicating the qualifying exemption that excludes Contractor from the Minnesota Workers' Compensation requirements. If during the course of the contract the Contractor becomes eligible for Workers' Compensation,the Contractor must comply with the Workers' Compensation Insurance requirements herein and provide the State of Minnesota with a certificate of insurance. 2. Aircraft Insurance: Contractor is required to maintain insurance protecting it from claims for damages for bodily injury and property damage whether the operations are by the Contractor or by a Subcontractor or by anyone directly or indirectly employed under the contract. 2.1 Owned Aircraft Liability(required of Contractor is using owned aircraft to perform contract services): A. Minimum Limits of Liability: $2,000,000 combined single limit for bodily injury and property damage; including passengers (if any). 2.2 Airport/Premises Liability(required if Contractor is maintaining or hangaring non- owned aircraft): A. Minimum Limits of Liability: P/T Contract(Rev.1/15) $2,000,000 combined single limit for bodily injury and property damage. B. Coverages: • Premises and Operations Bodily Injury and Property Damage • Blanket Contractual Agreement • Products and Completed Operations • Owner names as an Additional Insured; except for Products/Completed Operations 2.3 Hangarkeeper's Liability(required of no in-flight activity is associated with contract services): The Contractors is solely responsible for the coverage equal to the value of the state's aircraft in the Contractor's care, custody and control on any given point in time. 2.4 Non-Owned Aircraft Liability(required if Contractor is using non-owned aircraft to perform contract services): A. Minimum Limits of Liability: $2,000,000 combined single limit for bodily injury and property damage, including passengers(if any). 3. Commercial Automobile Liability Insurance: Contractor is required to maintain insurance protecting it from claims for damages for bodily injury as well as from claims for property damage resulting from the ownership, operation,maintenance or use of all owned,hired, and non-owned autos which may arise from operations under this contract, and in case any work is subcontracted the contractor will require the subcontractor to maintain Commercial Automobile Liability insurance. Insurance minimum limits are as follows: $2,000,000—per occurrence Combined Single limit for Bodily Injury and Property Damage In addition, the following coverages should be included: Owned,Hired, and Non-owned Automobile 4. Professional/Technical,Errors and Omissions, and/or Miscellaneous Liability Insurance This policy will provide coverage for all claims the contractor may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Contractor's professional services required under the contract. Contractor is required to carry the following minimum limits: $2,000,000—per claim or event $2,000,000—annual aggregate Any deductible will be the sole responsibility of the Contractor and may not exceed$50,000 without the written approval of the State. If the Contractor desires authority from the State to have a deductible in a higher amount, the Contractor shall so request in writing, specifying P/T Contract(Rcv.1/15) the amount of the desired deductible and providing financial documentation by submitting the most current audited financial statements so that the State can ascertain the ability of the Contractor to cover the deductible from its own resources. The retroactive or prior acts date of such coverage shall not be after the effective date of this Contract and Contractor shall maintain such insurance for a period of at least three(3)years, following completion of the work. If such insurance is discontinued, extended reporting period coverage must be obtained by Contractor to fulfill this requirement. C. Additional Insurance Conditions: 1. Contractor's policy(ies) shall be primary insurance to any other valid and collectible insurance available to the State of Minnesota with respect to any claim arising out of Contractor's performance under this contract; 2. If Contractor receives a cancellation notice from an insurance carrier affording coverage herein, Contractor agrees to notify the State of Minnesota within five (5)business days with a copy of the cancellation notice,unless Contractor's policy(ies)contain a provision that coverage afforded under the policy(ies)will not be cancelled without at least thirty(30)days advance written notice to the State of Minnesota; 3. Contractor is responsible for payment of Contract related insurance premiums and deductibles; 4. If Contractor is self-insured, a Certificate of Self-Insurance must be attached; 5. Contractor's policy(ies) shall include legal defense fees in addition to its liability policy limits,with the exception of B.4 above; 6. Contractor shall obtain insurance policy(ies) from insurance company(ies)having an "AM BEST"rating of A-(minus); Financial Size Category(FSC)VII or better, and authorized to do business in the State of Minnesota; and 7. An Umbrella or Excess Liability insurance policy may be used to supplement the Contractor's policy limits to satisfy the full policy limits required by the Contract. D. The State reserves the right to immediately terminate the contract if the contractor is not in compliance with the insurance requirements and retains all rights to pursue any legal remedies against the contractor. All insurance policies must be open to inspection by the State, and copies of policies must be submitted to the State's authorized representative upon written request. 15 Publicity and Endorsement 15.1 Publicity. Any publicity regarding the subject matter of a Work Order contract must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Contractor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from a Work Order contract. P/T Contract(Rcv.1/15) 15.2 Endorsement. The Contractor must not claim that the State endorses its products or services. 16 Governing Law,Jurisdiction,and Venue Minnesota law, without regard to its choice-of-law provisions, governs this Master Contract and all Work Order contracts. Venue for all legal proceedings out of this Master Contract and/or any Work Order contracts,or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County,Minnesota. 17 Payment to Subcontractors(If applicable) As required by Minnesota Statute § 16A.1245, the prime contractor must pay all subcontractors, less any retainage, within 10 calendar days of the prime contractor's receipt of payment from the State for undisputed services provided by the subcontractor(s)and must pay interest at the rate of one and one-half percent per month or any part of a month to the subcontractor(s)on any undisputed amount not paid on time to the subcontractor(s). 18 Minnesota Statute§ 181.59 The vendor will comply with the provisions of Minnesota Statute § 181.59 which requires: Every contract for or on behalf of the state of Minnesota, or any county, city, town, township, school, school district, or any other district in the state, for materials, supplies, or construction shall contain provisions by which the contractor agrees: (1) That, in the hiring of common or skilled labor for the performance of any work under any contract, or any subcontract, no contractor, material supplier, or vendor, shall, by reason of race, creed, or color, discriminate against the person or persons who are citizens of the United States or resident aliens who are qualified and available to perform the work to which the employment relates; (2) That no contractor, material supplier, or vendor, shall, in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons identified in clause (1) of this section, or on being hired, prevent, or conspire to prevent, the person or persons from the performance of work under any contract on account of race, creed, or color; (3) That a violation of this section is a misdemeanor; and (4) That this contract may be canceled or terminated by the state, county, city, town, school board, or any other person authorized to grant the contracts for employment, and all money due, or to become due under the contract, may be forfeited for a second or any subsequent violation of the terms or conditions of this contract. 19 Termination 19.1 Termination by the State. The State or commissioner of Administration may cancel this Master Contract and any Work Orders at any time, without cause, upon 30 days' written notice to Contractor. Upon termination, Contractor will be entitled to payment,determined on a pro rata basis,for services satisfactorily performed. 19.2 Termination for Cause. Either party may cancel this Master Contract and any Work Orders at any time, with cause,upon written notice to the other and a 30-day right to cure. 19.3 Termination for Insufficient Funding. The State may immediately terminate this Master Contract and any Work Order contract if it does not obtain funding from the Minnesota legislature or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the Contractor. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Contractor will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the Master Contract or Work Order is terminated because of the decision of the Minnesota legislature or other funding source, not to appropriate funds. The State must provide the Contractor notice of the lack of funding within a reasonable time of the State's receiving that notice. 20 Data Disclosure P/T Contract(Rev.]/15) Under Minnesota Statute §270C.65, Subdivision 3 and other applicable law,the Contractor consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State,to federal and state agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state laws which could result in action requiring the Contractor to file state tax returns,pay delinquent state tax liabilities, if any,or pay other state liabilities. 21 E-Verify Certification(In accordance with Minn.Stat.§16C.075) For services valued in excess of$50,000,Contractor certifies that as of the date of services performed on behalf of the State,Contractor and all its subcontractors will have implemented or be in the process of implementing the federal E- Verify program for all newly hired employees in the United States who will perform work on behalf of the State. Contractor is responsible for collecting all subcontractor certifications and may do so utilizing the E-Verify Subcontractor Certification Form available at http://www.mmd.admin.state.mn.us/doc/EverifySubCertForm.doc. All subcontractor certifications must be kept on file with Contractor and made available to the State upon request. 22 Force Majeure Neither party shall be in default in the performance of its obligations under this Contract to the extent that performance of any such obligation is prevented or delayed by acts of God,war, riot or other catastrophes beyond the reasonable control of the party unless the act or occurrence could have been reasonably foreseen and reasonable action could have been taken to prevent the delay or failure to perform. A party defaulting under this provision must provide the other party prompt written notice of the default and take all necessary steps to bring about performance as soon as practicable. 1. CONTRACTOR 2. STATE AGENCY The Contractor certifies that the appropriate person(s) have executed the contract on behalf of the Contractor as By: required by applicable articles or bylaws. (with delegated authority) Title: By: Date: Title: Date: 3. COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division By: Date: P/T Contract(Rev.]/15) Exhibit A SAMPLE STATE OF MINNESOTA PROFESSIONAL AND TECHNICAL SERVICES WORK ORDER CONTRACT This Work Order contract is between the State of Minnesota,acting through its ("State")and ("Contractor"). This Work Order contract is issued under the authority of Master Contract T-Number ,CFMS Number ,and is subject to all provisions of the Master Contract which is incorporated by reference. Work Order Contract 1 Term of Contract 1.1 Effective date: , or the date the State obtains all required signatures under Minnesota Statute § 16C.05, subdivision 2,whichever is later. The Contractor must not begin work under this contract until this contract is fully executed and the Contractor has been notified by the State's Authorized Representative to begin the work. 1.2 Expiration date: ,or until all obligations have been satisfactorily fulfilled,whichever occurs first. 2 Contractor's Duties The Contractor,who is not a state employee,will: 3 Consideration and Payment 3.1 Consideration. The State will pay for all services performed by the Contractor under this Work Order contract as follows: (A) Compensation. The Contractor will be paid (B) Travel Expenses. Reimbursement for travel and subsistence expenses actually and necessarily incurred by the Contractor as a result of this Work Order contract will not exceed$ (C) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Contractor under this Work Order contract will not exceed$ 3.2.Invoices. The State will promptly pay the Contractor after the Contractor presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted timely and according to the following schedule: 4 Project Managers The State's Project Manager is . The State's Authorized Representative will certify acceptance on each invoice submitted for payment. The Contractor's Project Manager is . If the Contractor's Project Manager changes at any time during this Work Order contract,the Contractor must immediately notify the State. SIGNATURES AS REQUIRED BY THE STATE. P/T Contract(Rev.1/15) Exhibit B STANDARDS AND GENERAL REQUIREMENTS 1. IMAGERY STANDARDS 1.1. Radiometric Resolution: Delivered imagery shall consist of 8 bits per band 1.2. Spectral Resolution: All imagery provided in four spectral bands:blue,green,red,near infrared 1.3. Projection: Geographic projection of the deliverables will be determined on a Work Order basis,but may include the following: 1.3.1. UTM Zone 15,NAD83,Meters as described in the Minnesota State Standard Coordinate Specifications for Spatial Data Exchange Between Minnesota State Agencies' 1.3.2. Minnesota County Coordinate System,NAD83,defined as using Lambert Conformal Conic,Transverse Mercator, or Oblique Mercator mapping projections as described by the Minnesota Department of Transportation Land Management Division 1.4.Tiling schemes 1.4.1. Quarter Quads 1.4.2. Counties 1.4.3. Custom—example townships,engineering-level sites 1.5.Image formats 1.5.1. JPEG2000 1.5.2. GeoTIFF 1 http://mn.gov/mnit/programs/policies/geospatial/gis-pages/spatial-data-exchange.jsp 2 http://www.dot.state.mn.us/surveying/toolstech/mapproj.html P/T Contract(Rev.1/15) 1.6. Horizontal Accuracy: Horizontal accuracy shall meet or exceed the ASPRS horizontal accuracy standard for specified ground sampling distance.Accuracy testing methodology should follow the guidelines and specifications of NSSDA. Ground Sample High Accuracy RMSE(x Standard Mapping Accuracy Visualization Accuracy Distance and y) RMSE(x and y) RMSE(x and y) 5.0 cm(-2 in) 5.0 cm 10 cm 15 cm 7.5cm(-3 in) 7.5 cm 15 cm 22.5 cm 15 cm(-6 in) 15 cm 30 cm 45 cm 30 cm(12 in) 30 cm 60 cm 90 cm 50 cm 50 cm 100 cm 150 cm 1.7. Image Quality: Images shall be tonally balanced and image mosaics shall be uniform in contrast without abrupt variations between image tiles. Imagery shall be free of blemishes, scratches,and artifacts that obscure ground feature detail.Pixel resolution shall not be degraded by excessive image smear.Imagery shall have a tonal range that prevents the clipping of highlights or shadow detail from the image.No more than 2%of the pixels may have a luminosity value in the first five or last five histogram bin values(0 to 4 or 251 to 255). If needed, contrast of the tiles should be stretched. All tiles shall have a pixel histogram peak for all bands between 108 and 148 except for tiles that are mostly comprised of water bodies. 1.8. Sun Angle: The Contractor shall acquire imagery only during that portion of the day when the sun angle exceeds the minimum twenty-five degrees(25°)above the horizon unless otherwise specified by a Work Order. 1.9. Environmental Conditions: Imagery shall be acquired when skies are clear, free from clouds, smoke or excessive haze,and well-defined images can be resolved. The ground shall be free from snow, standing water (other than natural or man-made ponds and lakes),flood waters from streams which have overflowed their banks, and wet ground which obscures field, soil or crop lines. The Contractor shall minimize specular reflections,by patching the area using imagery from other frames, if they exist. 1.9.1. Snow-free means less than 5%of the ground surface is covered by snow for any image tile. Minimal snow cover from residual snow stockpiles and along fence and windrows is acceptable. Open water bodies smaller than 20 acres should be ice-free. 1.9.2. Cloud-free means less than 5%of any image tile is affected by clouds or cloud shadows and free from distinct dark shadows. It includes areas under overcast,or showing clouds, cloud shadows and ground fog,or heavy haze. 1.9.3. Smoke-free means less than 5%of any image tile is affected by smoke or haze. P/T Contract(Rev.1/15) 1.9.4. Flood-free means less than 5%of any image tile is affected by floodwater. 1.10. Seasonal Conditions: Imagery may be collected under various seasonal conditions as specified by the Work Order. Since there is variability in timing of the desired conditions,the State will issue a flight Authorization and a Stop Work Order by electronic mail(e-mail)on or about these dates.No acquisition work is to take place outside the authorized period.The Work Order will specify one of the following seasonal conditions: 1.10.1. Spring leaf-off is defined as the period in spring before leaves of any tree species have developed to the point where leaf shape can be observed. This typically occurs in April for southern Minnesota and later April to mid-May for northern Minnesota. 1.10.2. Summer leaf-on is defined as the period after most trees have developed leaves and before the leaves of any tree species have changed color in the fall. Typically from later May through early September. 1.10.3. Fall peak color is defined as a phase of autumn deciduous leaf color change, in which approximately the following visual conditions prevail: lowland black ash(Fraxinus nigra)has dropped most or all its leaves;a majority of northern hardwoods,e.g.maples(Acer spp.)and basswood(Tilia Americana),have turned bright yellow or red;tamarack(Larix laricina)needles should be changing to a yellow color,but most oaks(Quercus spp.)and aspens(Populus spp.)remain green.This typically occurs in late September for northern Minnesota and early October for southern Minnesota. 1.11. Control:Airborne GPS(Global Positioning Systems)and IMU(Inertial Measurement Unit)systems or equivalent methodology,along with any ground control points required to meet horizontal accuracy specifications.The State and its partners will utilize quality control points established by MNDOT for the 2008 NAIP and subsequent verification. 1.12. Project Flight Planning: The contractor is responsible for all necessary flight planning, including,but not limited to determination of photographic scale,exposure stations,altitudes,and flight directions,required to acquire the imagery. Additionally,the contractor is required to provide the necessary project management, coordination,and supervision to conduct project planning, flight planning and acquisition, image processing, product delivery,and related technical and progress reports. 1.13. FAA Certification: All aircraft used in the performance of this contract shall be maintained and operated in accordance with all regulations required by the U.S. Department of Transportation,Federal Aviation Administration(FAA). Aircraft operated in the acquisition of digital imagery under this contract shall be FAA certified to a service ceiling with operating load(crew,camera, film,oxygen,and other required equipment)of not less than the highest altitude required. 1.14. Positive Control Airspace: The project areas may contain areas of controlled or restricted airspace. It is the responsibility of the Contractor to obtain all approvals necessary to assure that required clearances are achieved. When the flight plan and location of any project area coverage fall within positive-control airspace,the aircraft must contain the appropriate equipment to operate in such positive-control areas within the purview of the Federal Aviation Regulations. In addition to all FAA requirements, all flights requesting clearance in the vicinity of"VIP"type airspace with Temporary Flight Restrictions(TFR)shall notify the Contracting Officer prior to receiving FAA clearance for instructions. P/T Contract(Rev.1/15) 1.15. Aircraft Configuration: The design of the aircraft shall be such that when the camera is mounted with all its parts within the outer structure, an unobstructed field of view is obtained. The field of view shall be shielded from the exhaust gases,oil,effluence,and air turbulence. The camera port glass shall be free of scratches and of such quality that it will not degrade the resolution or the accuracy of the camera. 1.16. Progress Reporting: Between issuance of the Flight Authorization and the Stop Work Order,weekly progress reports showing progress of aerial imagery shall be e-mailed to the Project Manager as listed in the Work Order Contract,starting with the week in which Flight Authorization is issued and continuing until photography is completed,whether photo crews are active or not. Each reporting week shall end on Saturday,and the report shall be e-mailed by the end of the following Monday. The report must list flight hours and line segments flown by aircraft and date for the entire week. When crews are not actively employed on the project,the report should so state,and give the reason. 2. PLANIMETRIC DATA STANDARDS 2.1.Feature Types Captured: The planimetric features captured may include the following: 2.1.1. Water bodies—lakes,rivers,streams,ditches,ponds, islands 2.1.2. Buildings/Structures—buildings,parking lots,tanks,water towers, swimming pools,decks,docks 2.1.3. Transportation—roads(edges,medians, &centerlines),bridges,railroads,sidewalks,trails 2.2.Data Structure: The structure of the data including the data format(e.g.: DWG, SHP,DGN,FGDB),number of layers,attribute field names,geographic project,and geographic representation(point, line,polygon)will be defined on a Work Order basis. 2.3.Content: May be new planimetrics and/or updates to existing planimetric data. 3. GENERAL REQUIREMENTS 3.1. Metadata Information: Metadata for this project shall meet the requirements of the Minnesota Geographic Metadata Guidelines(see http://www.mngeo.state.mn.us/chouse/meta.html)or the Federal metadata standard (see http://www.fgdc.gov/metadata/geospatial-metadata-standards). 3.1.1. Metadata for ortho and stereo imagery: Supplemental metadata information includes the following: (1) tested horizontal accuracy statement, (2)lineage, including,but not limited to: flight height,photo acquisition dates(and reflights if any),overlap, sidelap,number of flight lines,number of exposures, direction of flight lines, control,resolution,tiling scheme, file sizes,description of the process used to create digital orthophotos,source of DEM, etc.,and(3)spatial reference information:projection, ellipsoid,horizontal and vertical datum, horizontal and vertical units,UTM zone number. P/T Contract(Rcv.1/15) 3.2. Ownership:All data received from the vendor shall become the property of the State of Minnesota without restriction.A copy of all work performed,whether for the State or another Master Contract user,will be sent to the Minnesota Geospatial Information Office(MnGeo). 3.3. Timeline: The timeline for work will be specified by the Work Order,but will not extend beyond the termination date of the Master Contract. P/T Contract(Rev.1/15) CAPITAL REQUEST 2016 thru 2020 Contact: Richard Rice City of Chanhassen,MN Department: MIS-Major Equipment Type: Equipment PROJECT# EQ-055 Useful Life: 2-3 Years PROJECT NAME Aerial Photography for City GIS Dal Category: Admininstration FUND ACCNT 400-0000-4752 Priority: N/A Total Project Cost: $40,700 DESCRIPTION 1 This project funds the aerial photography for the integration with the city's existing GIS datasets.The city is participating with Carver County and several other cities and Counties in a joint project to puchase services and data. An initial joint aerial flyover for high resolution orthographic imagery data was conducted in April of 2005 and was later scheduled to be re-flown every three years. The next flight will be done in 2016 and will include high resolution orthographic and oblique photography.The County typically pays the entire cost and bills back the city portions over a two year period.There is a state contract bid proposal in progress which the County will be utilizing which may reduce the cost to the city. Pricing will not be available until the contract if finalized. JUSTIFICATION City Planners, Engineers and Utility staff use this data in conjunction with other GIS datasets to help resolve geographical issues with residents,and contractors without repeated site visits. It is used in nearly every scheduled staff meeting and has proven usefull to the Sheriffs Office,and fire department when conducting area search's. In 2008,Carver County chose a new vendor(Pictometry)which in added a three dimensional view to mapping data. The Pictometry solution provides the ability for staff to view each side of buildings,and includes a toolset with allows for the accurate measurement of areas and lines. Enhanced map layers(Planometrics),created from the aerial data collected is also used by staff to measure and display hard surface coverages such as driveways,parking lots and others. Expenditures PRIOR TOTAL 2016 2017 2018 2019 2020 TOTAL FUTURE TOTAL $22,300 $2,200 $2,200 $11,800 $2,200 $40,700 Funding Sources PRIOR TOTAL 2016 2017 2018 2019 2020 TOTAL FUTURE TOTAL Capital Rep Fund $22,300 $2,200 $2,200 $11,800 $2,200 $40,7001 OPERATIONAL IMPACT/OTHER 1 No operational impact is expected. C:\Users\richr.CHANHASSEN\Desktop\EQ-055 2016-2020 Aerial Photography