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2021-01-28 Work SessionPage 3-27 Kodiak Island Borough Assembly Work Session Thursday, January 28, 2021, 6:30 p.m. For public participation this meeting will be livestreamed through KIB UstreamTV (https://video.ibm.com/channel/kodiakislandborough) Work Sessions are informal meetings of the Assembly where Assembly members review the upcoming regular meeting agenda packet and seek or receive information from staff. Although additional items not listed on the work session agenda are discussed when introduced by the Mayor, Assembly, or staff, no formal action is taken at work sessions and items that require formal Assembly action are placed on regular Assembly meeting agenda. Citizen's comments at work sessions are NOT considered part of the official record. Citizen's comments intended for the "official record" should be made at a regular Assembly meeting. Citizens' comments. 1-907-486-3231 or Toll Free 1-855-492-9202. (Limited To Three Minutes Per Speaker) Complete Agenda Packets can be obtain by: • Going To The KIB Website - https://kodiakak.civicweb.net/portal/ • For A PDF File, Email The Clerk at clerks(a-)-kodiakak.us • For A Paper Copy, Email The Clerk at clerks()-kodiakak.us (packets are available 24 hours before the beginning of the meeting) 2. Agenda items. a. Otmelio Project - Short Update From Staff. Handout at the work session on January 28th Otmelio Prosect 3 4 28 5 Manager's comments. Clerks comments. a. Clerks Comments Packet Review for the Regular Meeting of February 4, 2021 Items may be added during the work session for inclusion on the Regular Meeting agenda. The item title needs to be provided/developed at the work session in enough detail to give assembly and public reasonable notice. Awards and presentations. • None Visit our website at www.facebook.com/Kodiakislandborough 0@KodiakBorough www.kodiakak.us Page 1 of 115 29-30 31 -115 Public hearing. • Ordinance No. FY2021-01G Amending Ordinance No. FY2021-01, FY2021 Budget, Providing For Additional Expenditures. Consideration of the calendar - Unfinished Business. • Amendment No. 1 Amending Contract No. FY2019-25 Residential And Commercial Solid Waste Collection And Recycling Services. • Release All Executive Session Confidential Information From Amendment No. 1 Amending Contract No. FY2019-25 Residential And Commercial Solid Waste Collection And Recycling Services To The Public. Consideration of the calendar - New Business. Contracts. • Change Order No.12 Amending Contract No. FY2019-10 Architectural And Engineering Services Term Contract For Design For The Borough Building Boiler Room Upgrades Project. Resolutions. • None Ordinances for introduction. • Ordinance No. FY2021-28 Amending Kodiak Island Borough Code Of Ordinances Title 3 Revenue And Finance Chapter 3.25 Appropriation And Levy Section 3.25.030 Maximum Allowable Tax Revenues, Limiting Restrictions To General Fund Property Tax Revenues r)fhcr i4cmc • None 6. Assembly member' comments. 7. Mayor comments. 8. Items Added To Regular Meeting Of February 4, 2021 a Resolution No. FY2021-30 To Take Actions Exempting Covid-19 Relief Funds From Federal Income Taxation 9. Information Handed Out At Meeting a Aerial Imaging Information Requested By The Assembly Visit our website at www.facebook.com/Kodiakislandborough 0@KodiakBorough www.kodiakak.us Page 2 of 115 DATE: 1/28/2021 AGENDA ITEM #2.a. KODIAKISLAND BOR OUGH Engen eering & Fa ob6es Departm en t MEMORANDUM TO: Mayor William Roberts, Kodiak Island Borough Assembly, Manager Powers FROM: David Conrad, E/F Director RE: Otmeloi Way - State of Alaska Proposed Improvement Project With the recent contact from AK DOT regarding the availability of funding for the Otmeloi Road Project and assembly discussion the E/F staff has done some research regarding the KIB codes associated with roads and subdivisions. The Borough Code requirements for road construction and asphalt thickness are as follows: • KIBC 16.80 is titled "Standards for Road Improvements." It includes specifications for base and subbase depths, right-of-way, and road widths, but does not address a specific thickness for asphalt. KIBC 16.80.070(F) states: "All construction shall be done in accordance with the Alaska Department of Transportation and Public Facilities Standard Specifications for Highway Construction." Those specifications do not appear to require a specific thickness. Staff has tried contacting DOT and have not heard back. From reviewing various drawings for road projects around the state, there does not appear to be a "standard" thickness. Each project has specific thicknesses specified in bidding documents dependent on the engineering evaluations conducted. • There are several sections of the code that reference City of Kodiak Standard Construction Specifications, but they all say "All construction, other than roads, will be constructed in accordance with the latest edition of the city of Kodiak standard construction specifications. When city standard construction specifications do not exist, existing borough capital project specifications will apply to supplement the city standard construction specifications." The code sections with this reference are 13.05.230 (Utilities — General Regulations), 15.35.040 (Buildings and Construction — Driveway Access), and 16.70.050 (Subdivision — Improvements Required). Page PSV 11, 4 Otmelio Project - Short Update From Staff. AGENDA ITEM #2.a. • Even if the code sections mentioned above did not specifically exclude roads from the City of Kodiak Standard Specifications, staff has been unable to find any specific asphalt thickness within those specifications. • The paving at Woodland Acres Subdivision in 2010 required 3" of asphalt at all areas. This was stated as a requirement in the specification. After multiple conversations with City of Kodiak staff and local contractors, the city plans for and requires a three in asphalt layer in recent years however they cannot state that all current asphalt roads are paved to a three-inch thickness. There is some debate within the ranks as to if this is a product of the asphalt mix, newer emulsion products used to produce local asphalt, type of rock (local shale). For comparison, staff has discussed recent road improvement projects with ADOT and local contractors. The road from the Kalsin Bay wye to Pasagshak was constructed with a similar specification to the proposed Otmeloi Project. That road section was constructed and completed in 2007 and 2008. It has a two-inch asphalt surface. The DOT performed chip seal on that road this past summer and that was the most maintenance performed on that road since construction. In thirteen -year, period, minimal maintenance has been required for a road and DOT considers the road surface condition to be good or above in condition. Staff has discussed this job with the local contractor who performed the work and they have stated that this is a similar specification although a much smaller project scope and scale. Staff was asked to provide a cost per year for maintenance on an asphalt road. Without consistent data comparing a gravel road vs. asphalt road with of similar traffic usage this task what not able to be easily accomplished. However, reading materials seem to indicate that a new asphalt paved road should have a relatively low cost for seven to ten years. After the fifth through seventh years, the surface should be closely inspected to determine the condition of the asphalt in consideration of seal cost, chip seal or fog seal to protect from water intrusion from the wear surface. The preventative application of these material will likely lengthen the road condition for up to five additional years. It will likely require similar treatment in another five -to -seven-year period. The following information was found online and provides guidance questions that should be weighed when deciding to allow a road to remain as a grave road or pave the surface. These are excerpts from a road research paper and provides some ideas to consider. When to pave? • Maintenance costs for both paved and unpaved roads are rising, and we need to optimize them over time. Page5df ?1#4 Otmelio Project - Short Update From Staff. AGENDA ITEM #2.a. • Reduced funding and resources require us to be more efficient spenders. • Preparing for future maintenance and upgrades allows us to manage funds that are available. • Increased traffic due to development in the urban fringe • Altered expectations due to changing rural lifestyles. • Savings in routine and ongoing maintenance costs • Increased quality of life — less dust, cleaner environment • Lower vehicle operating expenses for users • Increased safety and skid resistance • Positive economic development - people want to live, work, and drive on paved roads, so economic activity will follow them. • Political issues When Not to Pave? • Lack of funding for initial construction costs • Traffic does not warrant it. • Control growth in the area • Majority of adjacent property owners do not want it. • Control speed on the roadway • Political issues Risk with paving • Funding eventual rehabilitation of pavement • Heavy traffic may overload, if not designed strongly • May require full alignment and profile upgrade for safety. PageP-'Ydf J1#4 Otmelio Project - Short Update From Staff. AGENDA ITEM #2.a. • May increase vehicle speeds and attract more traffic. • Some stakeholders may prefer gravel. Source: Local Road Research Board — Minnesota PageWbf 11#4 Otmelio Project - Short Update From Staff. Kodiak Island Borough Code Chapter 13.05 GENERAL REGULATIONS Chapter 13.05 GENERAL REGULATIONS Sections: 13.05.010 Purpose. 13.05.020 Definitions. 13.05.030 Connection required. 13.05.040 Applications for water and/or sewer service connections. 13.05.050 Security deposits. 13.05.060 Refund of security deposits. 13.05.070 Unauthorized hookups. 13.05.080 Location of individual private utility connections. 13.05.090 Connection — From main to premises. 13.05.100 Connection —Repair responsibility. 13.05.110 Connection —Cost computation. 13.05.120 Excavation — Permit required. 13.05.130 Several properties served by one connection. 13.05.140 Supplying others— Permit required. 13.05.150 Billing. 13.05.160 Rates — Service classes. 13.05.170 Residential rate reduction for senior citizens. 13.05.180 Charges— Effective date. 13.05.190 Charges— Late payment fees. 13.05.200 Charges — Lien — When. AGENDA ITEM #2.a. Page 1 of 21 The Kodiak Island Borough Code is current through Ordinance 2021-24, passed December 17, 2020. Page 7 of 115 Otmelio Project - Short Update From Staff. Kodiak Island Borough Code Chapter 13.05 GENERAL REGULATIONS 13.05.210 Vacancy. 13.05.220 Governmental or public premises. 13.05.230 Construction standards. 13.05.240 Indirect costs. 13.05.250 Capital projects. AGENDA ITEM #2.a. Page 2of21 13.05.010 Purpose. At the enactment of the ordinance codified in this title, the borough did not own or operate any water or sewerage treatment plants or facilities. These regulations were approved and adopted only as a conduit for billing, collection and remission to the city of Kodiak for services received via the city facilities. Increased charges to customers served over that billed to the borough by the city will be only that amount necessary to administer and maintain the utility systems. [Ord. 82-3-0, 1982. Formerly §13.01.010]. 13.05.020 Definitions. As used in this chapter, the following definitions shall apply: "Commercial" means a premises used for commercial or business purposes that discharges a quality of sewage essentially similar to that of a single-family dwelling. "Industrial" means a premises used for manufacturing or industrial purposes which discharges industrial waste, sanitary waste, and sewage by reason of the manufacturing or industrial process involved, or discharges chemicals or putrescible materials. "Service unit" means a unit of measure which is equal to the sewer usage of an average single-family unit which, for the purpose of this chapter, is determined to be that of a single-family unit whose average water consumption is 7,500 gallons per month, such unit being used to equate the sewer usage of a commercial customer to a residential customer, or special residential uses to a single-family unit. "Single-family unit" means a dwelling unit designed, improved, or used as a residence for one family only. Each unit in a multiple -family dwelling or each trailer or mobile home not in a mobile home park shall be a dwelling unit. The average water usage of a single-family unit, for the purposes of this chapter, is determined to be 7,500 gallons per month. [Ord. 87-12-0 §§2, 3, 1987; Ord. 82-3-0, 1982. Formerly §13.01.020]. 13.05.030 Connection required. Every owner of property or a residence using or having occasion to use water and/or sewer in the borough, on that premises whether leased, used, occupied, or owned by him, shall establish individual service connections The Kodiak Island Borough Code is current through Ordinance 2021-24, passed December 17, 2020. Page 8 of 115 Otmelio Project - Short Update From Staff. AGENDA ITEM #2.a. Kodiak Island Borough Code Chapter 13.05 GENERAL REGULATIONS Page 3 of 21 with the nearest borough water and/or sewer main in the manner and following the procedure hereinafter set forth in this chapter; provided, however, that this provision shall have no application as to any person where the property line of the premises in question lies more than 200 feet from the nearest water and/or sewer main. [Ord. 82-3-0, 1982. Formerly §13.01.030]. 13.05.040 Applications for water and/or sewer service connections. A. All applications for water and/or sewer service connections shall be made to the cashier on forms provided by the borough. B. If the water and/or sewer line must be tapped to provide service to the applicant and the property to be serviced has not been charged for the service connection as part of a local improvement district, the applicant shall pay the cost of the labor, equipment, and materials used, plus a percentage for administration and inspection costs, as established by resolution of the assembly. C. Prior to installation of a water and/or sewer service connection, the applicant shall deposit with the borough an amount estimated by the borough engineer to cover the cost of the service connection. If the actual costs exceed the amount of the deposit, the borough will bill the applicant for the difference. If actual costs are less than the deposit, the difference shall be refunded. D. All new water and/or sewer service connections shall be designed and constructed in compliance with applicable codes and in accordance with acceptable construction practices. Each service connection shall be inspected by the borough and/or city prior to burial to determine source of service, compliance with established borough/city construction standards and general integrity of the connection. No sewer connection will be permitted if it will allow the inflow or infiltration of material from nonsanitary sources. [Ord. 82-3-0, 1982. Formerly §13.01.040]. 13.05.050 Security deposits. The borough will require a security deposit on all new accounts. The amount of this deposit will be not less than an average two months normal billing. Such deposits will not be subject to any interest earnings. [Ord. 82-3-0, 1982. Formerly §13.01.043]. 13.05.060 Refund of security deposits. Security deposits will be refunded to the individual in the following manner prescribed: A. Termination of Service. Upon termination of service, the deposit will first be applied against any amount owing and then the residual will be refunded to the individual. B. One Year of Prompt Payment. Any individual who has proven his financial responsibility by making payments promptly for service rendered for a period of one year or more will be refunded any deposit on the books. [Ord. 82-3-0, 1982. Formerly §13.01.047]. The Kodiak Island Borough Code is current through Ordinance 2021-24, passed December 17, 2020. Page 9 of 115 Otmelio Project - Short Update From Staff. AGENDA ITEM #2.a. Kodiak Island Borough Code Chapter 13.05 GENERAL REGULATIONS Page 4 of 21 13.05.070 Unauthorized hookups. Those individuals who have enjoyed the services provided by unauthorized hookups prior to the date of the passage of the ordinance codified in this title will have a period not to exceed 60 days to make application and legalize such hookups. After this two-month grace period, any representative, inspector, or other employee of the city or borough discovering an unauthorized hookup will cite such unauthorized act in writing to the mayor. [Ord. 84-61-0 §10, 1984; Ord. 82-3-0, 1982. Formerly §13.01.050]. 13.05.080 Location of individual private utility connections. No individual service line may cross private property other than the lot which the utility connection services; provided, however, that such a crossing may be allowed: 1. Where authorized by a platted easement; 2. The easement is determined to be in the public interest; and 3. a. The easement provides technically superior routing; or b. The easement will contain a pre-existing line. [Ord. 90-22 §2, 1990; Ord. 85-21-0 §1, 1985. Formerly §13.01.055]. 13.05.090 Connection — From main to premises. A. All pipes and appurtenances from the main to the property line shall be installed by the borough, or its contracted maintenance firm, at the expense of the consumer. B. All pipes and appurtenances between the property line and the consumer's premises shall be installed at the consumer's expense, and by a qualified contractor. [Ord. 82-3-0, 1982. Formerly §13.01.060]. 13.05.100 Connection — Repair responsibility. The borough will keep in repair all connections at and from the main to the property line, and the consumer will be responsible for all pipes and appurtenances on his property. [Ord. 82-3-0, 1982. Formerly §13.01.070]. 13.05.110 Connection — Cost computation. A. When an application has been made to the cashier for water and/or sewer service connection, the same will be installed as soon as practicable by the borough. The work to be done by the borough shall be all work between the main and the property line, and all material and labor used in making such connection shall be charged on a cost plus percentage basis, as determined by resolution of the assembly to cover costs. B. Charges for turning on (or turning off) existing services shall be a fee established by resolution of the assembly or actual costs, whichever is greater. C. Charges for utility service installation inspection shall be a flat fee of $30.00 plus $20.00 for each additional The Kodiak Island Borough Code is current through Ordinance 2021-24, passed December 17, 2020. Page 10 of 115 Otmelio Project - Short Update From Staff. AGENDA ITEM #2.a. Kodiak Island Borough Code Chapter 13.05 GENERAL REGULATIONS Page 5 of 21 trip to the site beyond the initial inspection. [Ord. 92-12 §3, 1992; Ord. 85-21-0 §2, 1985: Ord. 82-3-0, 1982. Formerly §13.01.080]. 13.05.120 Excavation — Permit required. A permit must be obtained from the borough before any excavation shall be made in any street or alley for the purposes of installation or repair of water and/or sewer mains or connections. Fees will be established by resolution of the assembly. [Ord. 82-3-0, 1982. Formerly §13.01.090]. 13.05.130 Several properties served by one connection. A. Where water and/or sewer service exists at the time of enactment of the ordinance codified in this title for the use of several properties or families from one connection, the party owning the connection will be held responsible for all charges as though he were the owner of the properties benefited by the connection. The terms of this section do not abrogate the provisions of KIBC 13.05.030 as improvements are made to the system. B. Where one property has more than one service, such as, but not limited to, mobile home parks and apartment houses, the property owner shall receive the billing for all units. 1. Upon presentation of satisfactory evidence by the owner, or his agent, to the cashier that senior citizens actually reside on the property, the account will be adjusted to charge senior citizen rates for those dwelling units which would normally qualify under the provisions of KIBC 13.05.170. 2. The owner, or his agent, shall immediately notify the cashier when a senior citizen vacates the property. 3. A copy of this provision shall be provided to the owner, or his agent, at the time of qualification for the reduced senior citizen rate. [Ord. 85-21-0 §2, 1985: Ord. 83-27-0 §1, 1983; Ord. 83-1-0 §3, 1983: Ord. 82- 3-0, 1982. Formerly §13.01.100]. 13.05.140 Supplying others — Permit required. No person supplied with water and/or sewer service from the borough mains shall be entitled to use it for supplying other persons or families, or for any other purposes, without a permit from the borough having first been obtained. Permits will be issued only in the case of properties over 200 feet from the nearest main. In any event, multiple connections will be prohibited when water and/or sewer service is reasonably available. [Ord. 82- 3-0, 1982. Formerly §13.01.110]. 13.05.150 Billing. Accounts will be maintained in the name of the owner or occupant as provided at the time of application for services. The billing address or addressee may be changed periodically for the convenience of the customer, realizing that ultimately any delinquent amounts may be addressed as a lien against the property owner. Billing for service will normally be in the customer's hands prior to the tenth of the subsequent month and are due not later than the fifteenth. Nonreceipt of a bill does not alter the due or delinquency dates. [Ord. 82-3-0, 1982. The Kodiak Island Borough Code is current through Ordinance 2021-24, passed December 17, 2020. Page 11 of 115 Otmelio Project - Short Update From Staff. AGENDA ITEM #2.a. Kodiak Island Borough Code Chapter 13.05 GENERAL REGULATIONS Page 6 of 21 Formerly §13.01.120]. 13.05.160 Rates — Service classes. The user charge system shall be reviewed periodically to assure that each user is paying a proportionate share of applicable costs. The service charge for equivalent service units and categories of service shall be adjusted as necessary to reflect costs. Rates and classes of service shall be established by resolution of the assembly, and may be changed at any regularly scheduled meeting of the assembly with prior notice to the service district. [Ord. 82-3-0, 1982. Formerly §13.01.130]. 13.05.170 Residential rate reduction for senior citizens. Whenever a person 65 years of age or over applies for and is primarily responsible for the water and/or sewer service costs at a residence occupied by him or her and where he or she is the head of the household, the rate for water and/or sewer usage shall be one-half the usual rate for residences. [Ord. 82-3-0, 1982. Formerly §13.01.140]. 13.05.180 Charges — Effective date. A. Charges for water and/or sewer service shall commence when the premises is connected directly or indirectly to the systems on the date of such connection, or at the time of the deadline for connection established by the service district or municipality, as the case may be, whichever occurs first. Water service charges, prior to the issuance of a certificate of occupancy, on vacant premises will be levied at the current rate for a vacant premises as set by resolution of the assembly. Water and sewer service charges shall be for the full month if connection is made before the fifteenth of the month and shall be deferred to the following month if connection is made after the fifteenth of the month. B. Upon the issuance of a building permit, charges for water and/or sewer service will be made at the current rate for vacant premises, as set by resolution of the assembly. [Ord. 92-06 §2, 1992; Ord. 86-43-0 §1, 1986; Ord. 85-21-0 §2, 1985: Ord. 82-3-0, 1982. Formerly §13.01.150]. 13.05.190 Charges — Late payment fees. Bills not paid by the twentieth day of the month (or first workday thereafter) shall be subject to a late payment fee. This fee shall be calculated at one percent per month of the outstanding balance, and a minimum fee of $1.00 per service class (a bill with water, sewer, and garbage would be three service classes) for each month or portion thereof past due, whichever is greater. [Ord. 91-22 §2, 1991; Ord. 87-32-0 §2, 1987; Ord. 85-21-0 §1, 1985. Formerly §13.01.155]. 13.05.200 Charges — Lien — When. Every charge to a person made by the borough in connection with the construction, installation, or repair of any water and/or sewer service or for water furnished for consumption constitutes a lien chargeable against the property and has a status the same as if the charge has been levied or assessed as a property tax. The lien may be foreclosed by the borough in the same manner as any other lien or mortgage against the property for The Kodiak Island Borough Code is current through Ordinance 2021-24, passed December 17, 2020. Page 12 of 115 Otmelio Project - Short Update From Staff. AGENDA ITEM #2.a. Kodiak Island Borough Code Chapter 13.05 GENERAL REGULATIONS Page 7 of 21 nonpayment. [Ord. 82-3-0, 1982. Formerly §13.01.160]. 13.05.210 Vacancy. A. No reduction of charges will be made on partially vacant or vacant premises unless the director of finance has first been notified of such intended vacancy. No allowance will be made for a period of less than 30 days. B. Service may be disconnected for periods of vacancy upon application to the director of finance and payment of disconnect and reconnect fees as established by the current fee resolution of the assembly. C. Service may be reduced on partially vacant or vacant premises upon application to the director of finance and payment of administrative fees equivalent to disconnect and reconnect fees as established by resolution of the assembly. When such vacancy or partial vacancy occurs, the current rate for vacant premises, as set by resolution of the assembly, will be charged the property owner. The property owner will certify in writing that the premises are vacant and will indicate the length of vacancy anticipated. The property owner of vacant or partially vacant premises will be required to recertify in writing that the premises remains in a vacant status when the duration of such vacancy exceeds 180 days from the original certification or recertification. The property owner will notify the director of finance immediately when the premises are again occupied. If the premises are again occupied and the director of finance is not notified immediately, the account will be back -billed as if no vacancy occurred. [Ord. 92-06 §2, 1992; Ord. 87-32-0 §3, 1987; Ord. 85-21-0 §2, 1985: Ord. 82-3-0, 1982. Formerly §13.01.170]. 13.05.220 Governmental or public premises. The provisions of this chapter shall apply to governmental or public premises in the same manner as to premises which are not governmental or public. [Ord. 82-3-0, 1982. Formerly §13.01.180]. 13.05.230 Construction standards. The city of Kodiak standard construction specifications are adopted by reference and incorporated within this title and shall be used in administering the provisions of this chapter. All construction, other than roads, will be constructed in accordance to the latest edition of the city of Kodiak standard construction specifications. When city standard construction specifications do not exist, existing borough capital project specifications will apply to supplement the city standard construction specifications. [Ord. 95-14 §2, 1995; Ord. 82-3-0, 1982. Formerly §13.01.190]. 13.05.240 Indirect costs. Indirect costs will be allocated to the various capital improvements projects based on a reasonable formula developed by the borough engineer. The formula as developed will be approved by the manager and implemented by the finance director. Indirect costs so allocated will be posted to the accounting system of the project not less frequently than quarterly (monthly preferred). A. Projects Under Construction. Indirect cost allocation for projects under construction will be by a reconcilable The Kodiak Island Borough Code is current through Ordinance 2021-24, passed December 17, 2020. Page 13 of 115 Otmelio Project - Short Update From Staff. AGENDA ITEM #2.a. Kodiak Island Borough Code Chapter 13.05 GENERAL REGULATIONS Page 8 of 21 formula developed by the borough engineer, approved by the manager and implemented by the finance director. B. Completed Projects. Completed projects are closed out from the capital improvements fund and are capitalized into the respective utility fund. Thereafter the services provided by the general fund water and sewer type funds will be accomplished on a reimbursable basis. This will be through a reasonable allocation process developed and implemented by the finance director after approval by the manager. [Ord. 98-19 §2, 1998; Ord. 86-04, 1986. Formerly §13.01.199]. 13.05.250 Capital projects. Capital projects for improvement and/or expansion of the system will be initiated and administered in accordance with the provisions of Chapter 4.40 KIBC. [Ord. 82-3-0, 1982. Formerly §13.01.200]. The Kodiak Island Borough Code is current through Ordinance 2021-24, passed December 17, 2020. Page 14 of 115 Otmelio Project - Short Update From Staff. Kodiak Island Borough Code Chapter 15.35 DRIVEWAY ACCESS Chapter 15.35 DRIVEWAY ACCESS Sections: 15.35.010 Administration and enforcement. 15.35.020 Permit required. 15.35.030 Application for permit. 15.35.040 General requirements. 15.35.050 Inspections. 15.35.060 Liability. 15.35.010 Administration and enforcement. AGENDA ITEM #2.a. Page 9of21 The administration and enforcement of this chapter shall be the duty of the borough building official, who is authorized to take action as necessary to enforce the provisions of this code. The manager may appoint or authorize an assistant or agent to the building official if necessary to carry out the provisions of this code. [Ord. FY2006-02 §9, 2005; Ord. 98-24 §2, 1998; Ord. 84-61-0 §10, 1984; Ord. 84-42-0 §2, 1984. Formerly §15.26.010] . 15.35.020 Permit required. It shall be unlawful for any person, firm, association, or corporation to construct a drive access on borough - owned property or rights-of-way, or property adjoining borough -owned property or rights-of-way, without first obtaining a separate permit from the building official. [Ord. 84-42-0 §2, 1984. Formerly §15.26.020]. 15.35.030 Application for permit. To obtain a permit, the applicant shall first file an application in writing on a form furnished by the building official for that purpose. Every such application shall: A. Identify and describe the work to be covered by the permit for which application is made; B. Describe the land on which the proposed work is to be done by legal description, street address, or similar description that will readily identify and definitely locate the proposed access; C. Be accompanied by plans, diagrams, computations, and specifications or other data as required by the building official; D. Be signed by the permittee, or his authorized agent, who may be required to submit evidence to indicate such authority; The Kodiak Island Borough Code is current through Ordinance 2021-24, passed December 17, 2020. Page 15 of 115 Otmelio Project - Short Update From Staff. Kodiak Island Borough Code Chapter 15.35 DRIVEWAY ACCESS E. Give such other data and information as may be required by the building official; and AGENDA ITEM #2.a. Page 10 of 21 F. Application shall be accompanied by a payment, established by resolution of the assembly, if not in conjunction with a building permit application. [Ord. 92-12 §7, 1992; Ord. 84-42-0 §2, 1984. Formerly §15.26.030]. 15.35.040 General requirements. The following requirements shall apply to all construction governed by this chapter: A. All drive accesses, driveways, or road approaches shall be constructed and maintained in such a manner that the street and all its appurtenances or facilities including, but not limited to, pavement, sidewalks, drainage pipes, culverts, and underground utilities shall not be impaired or endangered in any way by the construction or maintenance of this facility. B. Standard drive access width shall be 12 feet. C. Standard grade from the edge of the traveled roadway or sidewalk to the property line, for a distance of 10 feet, shall be minus two percent down toward the property line. D. The grade slope should not exceed 15 percent from the end of the down slope of the off-street right-of-way to the parking area. E. If a culvert is required, the ditch depth, culvert type, length, and size shall be determined by the borough engineer. F. All construction, materials, and workmanship within the right-of-way must comply with the latest edition of the city of Kodiak standard construction specifications and standard details. [Ord. FY2006-02 §10, 2005; Ord. 88-18- 0 §11, 1988; Ord. 84-42-0 §2, 1984. Formerly §15.26.040]. 15.35.050 Inspections. A. All construction or work for which a permit is issued under this chapter shall be subject to inspection and testing by the building official and the engineering and facilities department of the borough. A survey of the property may be required by the building official to verify that the facility is located in accordance with the approved plans. It shall be the duty of the permit applicant to make the work accessible and exposed for inspection purposes. Neither the building official nor the borough shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. B. A copy of the permit must be on the construction site. If it is not, the borough reserves the right to stop construction until such time as the permit is posted. The Kodiak Island Borough Code is current through Ordinance 2021-24, passed December 17, 2020. Page 16 of 115 Otmelio Project - Short Update From Staff. Kodiak Island Borough Code Chapter 15.35 DRIVEWAY ACCESS AGENDA ITEM #2.a. Page 11 of 21 C. The borough reserves the right to inspect and reject materials or workmanship not to borough standards, to stop construction until corrections are made, or to require removal of the facility and to charge time and equipment to the permittee for correction. [Ord. FY2006-02 §11, 2005; Ord. 84-42-0 §2, 1984. Formerly §15.26.050]. 15.35.060 Liability. A. All drive accesses, driveways, or road approaches constructed under this chapter on any borough -owned property or rights-of-way shall be the property of the borough. All costs and liability in connection with the construction or maintenance or said accesses shall be at the sole expense of those lands and/or persons served. B. The permittee shall adjust, relocate, or remove this facility without cost of liability to the borough if, at any time, or from time to time, the use or safety of the street requires this to be done. C. The permittee shall assume all liability or costs in connection with the facilities and shall hold harmless the borough, its officers, agents, employees, and/or contractors in any matters pertaining to the facilities for which the permit is issued. [Ord. 84-42-0 §2, 1984. Formerly §15.26.060]. The Kodiak Island Borough Code is current through Ordinance 2021-24, passed December 17, 2020. Page 17 of 115 Otmelio Project - Short Update From Staff. AGENDA ITEM #2.a. Kodiak Island Borough Code Chapter 16.70 IMPROVEMENTS REQUIRED Page 12 of 21 Chapter 16.70 IMPROVEMENTS REQUIRED Sections: 16.70.010 Prerequisites to improvement construction and inspection. 16.70.020 Prerequisites to approval. 16.70.030 Acceptance of improvements. 16.70.040 Modification of improvements permitted. 16.70.050 Construction standards. 16.70.010 Prerequisites to improvement construction and inspection. A. No person may begin construction of any improvement required under this chapter or Chapter 16.80 KIBC unless plans for such construction have been prepared by a professional engineer registered in the state of Alaska and have been approved by the engineering and facilities department director for subdivisions located outside cities, by the municipal clerk or municipal engineer for subdivisions located within a city, and an inspection agreement has been executed between the subdivider and the borough. B. In addition, plans shall be reviewed and approved based on their operational design and compatibility with existing improvements by the respective agencies who have responsibility for any portion of the system which the improvement will impact. C. Routine inspections are required during the construction of all improvements. At the discretion of the subdivider, a professional engineer registered in the state of Alaska may be employed to conduct the routine inspections as an alternative to borough inspections. Inspection schedules and reporting requirements will be approved by the borough and included as part of the executed subdivision agreement. The borough and responsible agencies reserve the right to inspect the construction of improvements at any stage of construction to ensure compliance with approved plans, including performance of a final inspection prior to accepting the improvements as provided for in KIBC 16.70.030. [Ord. 95-13 §2, 1995; Ord. 90-15 §2, 1990]. 16.70.020 Prerequisites to approval. A. The subdivider shall construct and install in the subdivision the improvements required by this chapter within two years of preliminary plat approval. 1. Street Improvements. All street and public ways shall be graded to their full width, and to the appropriate grade, and shall be surfaced in accordance with the applicable specifications. The cross-section of construction shall contain non -frost -susceptible material in accordance with the applicable specifications. Such construction shall comply with all applicable borough standards for construction as specified in The Kodiak Island Borough Code is current through Ordinance 2021-24, passed December 17, 2020. Page 18 of 115 Otmelio Project - Short Update From Staff. AGENDA ITEM #2.a. Kodiak Island Borough Code Chapter 16.70 IMPROVEMENTS REQUIRED Page 13 of 21 Chapter 16.80 KIBC. 2. Sewer. If the property proposed for subdivision is located adjacent to an existing sewer main, the subdivider will not be required to provide stubouts to the individual lots created. All lots shall be provided with access to the sewer line. If the property proposed for subdivision is not located adjacent to an existing sewer main and/or one is needed to service the lots created, stubouts will be required to be provided to the individual lots created in areas where public sewer service is required. 3. Water. If the property proposed for subdivision is located adjacent to an existing water main, the subdivider will not be required to provide stubouts to the individual lots created. All lots shall be provided with access to the water line. If the property proposed for subdivision is not located adjacent to an existing water main and/or one is needed to service the lots created, stubouts will be required to be provided to the individual lots created in areas where public water service is required. Whenever water mains are installed, fire hydrants shall be installed and spaced according to the following table: NUMBER AND DISTRIBUTION OF FIRE HYDRANTS FIRE FLOW REQUIRED WPM) MINIMUM NUMBER OF HYDRANTS AVERAGE SPACING BETWEEN HYDRANTS 1, 2, 5 (FEET) MAXIMUM DISTANCE FROM HYDRANT TO ANY POINT ON STREET OR ROADWAY FRONTAGE 3 (FEET) 750-1,750 1 500 250 2,000 — 2,250 2 450 225 2,500 3 450 225 3,000 3 400 225 3,500 — 4,000 4 350 210 4,500 — 5,000 5 300 180 5,500 6 300 180 6,000 6 250 150 6,500 — 7,000 7 250 150 7,500 or more 8 or more 4 200 120 1 Reduce by 100 feet for dead-end streets or roadways. 2 Where streets are provided with median dividers, which can be crossed by fire fighters pulling hose lines, or The Kodiak Island Borough Code is current through Ordinance 2021-24, passed December 17, 2020. Page 19 of 115 Otmelio Project - Short Update From Staff. AGENDA ITEM #2.a. Kodiak Island Borough Code Chapter 16.70 IMPROVEMENTS REQUIRED Page 14 of 21 arterial streets are provided with four or more traffic lanes and have a traffic count of more than 30,000 vehicles per day, hydrant spacing shall average 500 feet on each side of the street and be arranged on an alternating basis up to a fire -flow requirement of 7,000 gpm and 400 feet or higher fire -flow requirements. 3 Reduce by 50 feet for dead-end streets or roadways. 4 One hydrant for each 1,000 gpm or fraction thereof. 5 Where new water mains are extended along streets where hydrants are not needed for protection of structures or similar fire problems, fire hydrants should be provided at not less than a 1,000 -foot spacing to provide for transportation hazards. 4. Sidewalks. If the subdivision is located adjacent to an existing sidewalk, and the developer proposes to pave the abutting street, the commission may require that concrete sidewalks or approved asphaltic concrete sidewalks not less than four feet in width be constructed along at least one side of all streets. 5. Drainage. All necessary facilities, either underground pipe or drainage ditches, shall be installed to provide adequate disposal of surface water as are needed to maintain or reroute any natural water courses. Natural water courses shall not be blocked or impeded. Whenever any stream or important drainage is located in an area which is being subdivided, the subdivider shall provide an adequate easement along each side of the stream for the purpose of widening, deepening, sloping, improving, or protecting the stream for drainage purposes. The commission may require a drainage plan in order to identify required improvements as part of preliminary plat approval, as well as a letter of jurisdiction from the U.S. Army Corps of Engineers. 6. Other. The commission may require areas to be identified on the plat for the location of dumpster pads and neighborhood mail boxes. A street lighting plan for the subdivision may also be required by the commission. 7. In all subdivisions with nonpublic improvements, the subdivider will include a covenant on the recorded plat that when an improvement district is formed the real property involved will be a part of the improvement district without further action by the then -owner of the property in question. 8. Monumentation. All monumentation required by Chapter 16.50 KIBC shall be provided by the subdivider. B. Lots that are larger than 40,000 square feet and satisfy the requirements of KIBC 16.40.040(N) and 16.50.010(D) are exempt from the sewer and water improvements required in this chapter. These lots must meet the wastewater disposal standards of ADEC and each lot shall have access to an adequate amount of potable water for domestic purposes. C. Lots that are larger than 10 acres are exempt from the street improvements required in this chapter. Lots that The Kodiak Island Borough Code is current through Ordinance 2021-24, passed December 17, 2020. Page 20 of 115 Otmelio Project - Short Update From Staff. AGENDA ITEM #2.a. Kodiak Island Borough Code Chapter 16.70 IMPROVEMENTS REQUIRED Page 15 of 21 are less than 10 acres may be exempt from the street improvements required in this chapter if they have little probability of connection to an existing road system. [Ord. FY2020-02 §9, 2019; Ord. 90-15 §2, 1990]. 16.70.030 Acceptance of improvements. A. No improvement shall be operated or maintained by the public and no security for the completion of an improvement shall be released until the improvement has been accepted by the engineering and facilities department director for subdivisions located outside cities and by the municipal clerk or municipal engineer for subdivisions located within a city. B. The following items shall be provided to the engineering and facilities department director and/or responsible agencies prior to acceptance of the improvements: 1. A Mylar as -built of the improvements certified by a registered engineer; 2. Copies of all construction documents relevant to the construction of the improvement; 3. A record of installed materials including any warranties, catalog cuts, and operation and maintenance manuals; and 4. Any special tools, accessories, and/or spare parts needed for the operation of the improvement. C. The subdivider shall provide an express warranty for workmanship and materials to cover the improvements during the first year of operation from the initial date of acceptance of the improvements. Unless the subdivider has entered into a subdivision agreement which provides for a different amount, this warranty shall be secured by a performance bond in an amount equal to 10 percent of the cost of construction of the improvements if the value of all the improvements is less than or equal to $250,000; if the value of the improvements exceeds $250,000, the performance bond shall be in the amount of $25,000. [Ord. FY2020-02 §9, 2019; Ord. 90-15 §2, 1990]. 16.70.040 Modification of improvements permitted. Any city may, by ordinance, adopt different improvement standards. [Ord. 90-15 §2, 1990]. 16.70.050 Construction standards. All construction, other than roads, will be constructed in accordance to the latest edition of the city of Kodiak standard construction specifications. When city standard construction specifications do not exist, existing borough capital project specifications will apply to supplement the city standard construction specifications. [Ord. 95-14 §3, 1995]. The Kodiak Island Borough Code is current through Ordinance 2021-24, passed December 17, 2020. Page 21 of 115 Otmelio Project - Short Update From Staff. AGENDA ITEM #2.a. Kodiak Island Borough Code Chapter 16.80 STANDARDS FOR ROAD IMPROVEMENTS Page 16 of 21 Chapter 16.80 STANDARDS FOR ROAD IMPROVEMENTS Sections: 16.80.010 General requirements. 16.80.020 Road classifications. 16.80.030 Minimum right-of-way and trafficway widths. 16.80.040 Geometrics and profiles. 16.80.050 Intersection. 16.80.060 Guardrails and shoulder widening. 16.80.070 Road construction standards. 16.80.080 Drainage. 16.80.090 Signs, subdivisions and road names. 16.80.100 Exceptions to minimum requirements. 16.80.010 General requirements. A. These design criteria, specifications, and standard details are minimum standards for the design of improvements, kind and use of materials, and methods of construction for roadways, alleys, and drainage which lie within public rights-of-way or easements. B. Any soils reports or certification documents of public improvements submitted by the subdivider shall be certified by a registered professional engineer licensed to practice engineering in the state of Alaska. This certification shall signify that the documents were prepared by the engineer or under his direct supervision and in accordance with the laws of the state of Alaska governing such practices. C. KIBC 16.70.010 and 16.70.030 apply to any improvements constructed under the provisions of this chapter. [Ord. 90-15 §2, 1990]. 16.80.020 Road classifications. A. Local roads are designed to provide direct access to individual properties and include cul-de-sacs. B. Collector roads are designed to move traffic from local roads to arterial roads. C. Arterial roads are designed to move through traffic at moderate speeds to and from major traffic generators or The Kodiak Island Borough Code is current through Ordinance 2021-24, passed December 17, 2020. Page 22 of 115 Otmelio Project - Short Update From Staff. AGENDA ITEM #2.a. Kodiak Island Borough Code Chapter 16.80 STANDARDS FOR ROAD IMPROVEMENTS Page 17 of 21 into and/or out of a community. D. Alleys are designed to provide secondary access to areas proposed for multiple dwellings, commercial or industrial uses, or subdivisions where service access, rear parking, or loading is desirable. E. Private roads are designed to provide access to individual properties while remaining in private ownership. Private roads do not include driveways. [Ord. 90-15 §2, 1990]. 16.80.030 Minimum right-of-way and trafficway widths. A. Minimum right-of-way and trafficway widths shall be as follows: Road Classification* Minimum Right -of- Way Minimum Unpaved Trafficway Minimum Paved Trafficway Local road 60 feet 23 feet 20 feet Collector road 60 feet 27 feet 24 feet Arterial road 80 feet 33 feet 30 feet Alley 20 feet 18 feet 15 feet Cul-de-sac Diameter of 120 feet Diameter of 96 feet Diameter of 96 feet Private road 60 feet (easement) 23 feet 20 feet * All dead-end roadways must also meet the fire apparatus access road requirements of the adopted fire code, which may require wider trafficway widths than those listed above. B. Rights-of-way shall be of sufficient width to accommodate the roadway to be constructed with adequate room outside the roadway prism for installation of any required utilities. C. City streets shall be designed to meet the minimum trafficways prescribed by the particular city involved. D. Cul-de-sacs shall have a minimum radius of 60 feet at the bulb. E. Minimum easement width for private roads shall be 60 feet. Private roads, when constructed, shall meet, at a minimum, the fire apparatus access road requirements of the adopted fire code and Chapter 15.35 KIBC, Driveway Access. [Ord. FY2020-02 §10, 2019; Ord. 90-15 §2, 1990]. 16.80.040 Geometrics and profiles. A. Horizontal Curves. Changes in horizontal alignment of the roads shall be made through the use of horizontal The Kodiak Island Borough Code is current through Ordinance 2021-24, passed December 17, 2020. Page 23 of 115 Otmelio Project - Short Update From Staff. AGENDA ITEM #2.a. Kodiak Island Borough Code Chapter 16.80 STANDARDS FOR ROAD IMPROVEMENTS Page 18 of 21 circular curves. The radii of such curves shall not be less than: 1. Local road, 175 feet; 2. Collector road, 235 feet; or 3. Arterial road, 425 feet. B. Compound curves and broken -back curves should not be used. Reverse curves should have an intermediate tangent of 100 feet or more, unless the curve radii are 300 feet or more. C. Gradients. Road grades should not exceed eight percent. Cul-de-sac areas and temporary turnarounds should not exceed four percent. The engineering and facilities department director may approve road grades to 15 percent if a plan and profile of the road is submitted by a registered engineer, and the engineer certifies that safety standards are met. D. Cross Slopes. The minimum road cross slope shall not be less than two percent. [Ord. 90-15 §2, 1990]. 16.80.050 Intersection. A. Streets shall intersect at an angle as close to 90 degrees as feasible, and in no event at an angle less than 75 degrees. Corner roundings with a minimum 20 -foot radius shall be required at intersections. Not more than two roads shall intersect at one point. B. The distance between intersection centerlines shall not be less than 200 feet. C. Intersection road grades shall not exceed four percent within 100 feet of the intersection with the through road centerline. The through road grade shall not exceed seven percent at the intersection. D. Intersection sight distances are as follows: 1. Intersecting local roads shall have a minimum sight distance of 200 feet; 2. Collector roads shall have a minimum sight distance of 275 feet measured from the intersecting road's centerline; and 3. Arterial roads shall have a minimum sight distance of 415 feet measured from the intersecting road centerline. E. The subdivider shall obtain approval from the Alaska Department of Transportation and Public Facilities before intersecting with any roads maintained by the state of Alaska. [Ord. 90-15 §2, 1990]. 16.80.060 Guardrails and shoulder widening. The Kodiak Island Borough Code is current through Ordinance 2021-24, passed December 17, 2020. Page 24 of 115 Otmelio Project - Short Update From Staff. AGENDA ITEM #2.a. Kodiak Island Borough Code Chapter 16.80 STANDARDS FOR ROAD IMPROVEMENTS Page 19 of 21 Guardrail installation and required shoulder widening shall be provided in accordance with Section 11-45-1 of the Alaska Department of Transportation Highway Preconstruction Manual on collector and arterial roads. [Ord. 90- 15 §2, 1990]. 16.80.070 Road construction standards. A. All roads shall be constructed with a sub -base course of non -frost -susceptible material with no more than 10 percent of weight passing the Number 200 sieve. The minimum depth of sub -base shall be as follows: Local road 24 inches Collector road Winches Arterial road Winches Alley 18 inches Cul-de-sac 24 inches The depth of sub -base shall be measured from the point of the highest projection into the roadway prism. B. All roads shall be constructed with a base course of two-inch minus rock with no more than 10 percent of weight passing the Number 200 sieve and a plasticity index of not greater than four as determined by AASHTO T-90. The minimum depth of base course after compaction shall be as follows: Local road 8 inches Collector road 8 inches Arterial 8 inches Alley 6 inches Cul-de-sac 6 inches C. All roadway construction shall have all organic material removed to the depth of the required sub -base prior to placement or construction of the sub -base in the transition area from cut to fill. D. The right-of-way shall not be clear cut unless necessary to meet the road construction standards of this chapter. All stumps shall be flush cut. E. All construction shall be contained within the right-of-way except where the taking of additional slope easements is noted on the plat and additional easements are provided for utilities. F. All construction shall be done in accordance with the latest edition of the Alaska Department of Transportation and Public Facilities Standard Specifications for Highway Construction. The Kodiak Island Borough Code is current through Ordinance 2021-24, passed December 17, 2020. Page 25 of 115 Otmelio Project - Short Update From Staff. AGENDA ITEM #2.a. Kodiak Island Borough Code Chapter 16.80 STANDARDS FOR ROAD IMPROVEMENTS Page 20 of 21 G. Geotextiles may be used upon submittal of satisfactory supporting data from a registered engineer and approval by the engineering and facilities department director. [Ord. FY2020-02 §10, 2019; Ord. 90-15 §2, 1990]. 16.80.080 Drainage. A. Drainage ditching and culverts shall be provided of sufficient depth and size to carry seasonal high water volumes. Minimum culvert size for drainage shall be 24 inches in diameter with at least a one percent drainage grade through the pipes. B. The bottom of a roadway ditch shall be at least eight feet beyond the roadway sub -base shoulder, with a 3:1 slope from the shoulder to the bottom of the ditch, except in rock cuts where the distance shall be six feet and the slope shall be 3:1. [Ord. 90-15 §2, 1990]. 16.80.090 Signs, subdivisions and road names. A. Road and subdivision names shall be approved by the commission, using the standards set forth in KIBC 12.10.050(A). B. Road and subdivision names shall not duplicate existing road or subdivision names in spelling or sound such that they may be confused with existing names. A road name shall duplicate an existing road name only where a new road extends the alignment of an existing road. C. Subdivision roads shall be identified and signed by the subdivider. 1. Each road within a subdivision shall be identified and signed within 50 feet of its point of egress and ingress. Cul-de-sac roads shall be signed and identified within 50 feet of their point of ingress; 2. Yield signs shall be provided at all collector and arterial road intersections within the confines of the subdivision; and All roads shall be signed in accordance with the most recent edition of the Alaska Traffic Manual. D. Changes to existing streets and roads shall be accomplished according to the process set forth in Chapter 12.10 KI BC. [Ord. 2001-06 §3, 2001; Ord. 90-15 §2, 1990]. 16.80.100 Exceptions to minimum requirements. It is the policy of the borough to adhere to these standards and specifications; however, if the design standards cannot be followed as contained herein due to unusual terrain, soil characteristics, or drainage, the engineering and facilities department director shall consider alternate solutions and may approve changes when such changes are substantiated and justified by a design analysis prepared by a registered engineer. A decision granting or denying an exception under this section may be appealed to the planning commission under Chapter 16.100 KI BC in the same manner as a decision of the community development director granting or denying approval of a plat. The Kodiak Island Borough Code is current through Ordinance 2021-24, passed December 17, 2020. Page 26 of 115 Otmelio Project - Short Update From Staff. AGENDA ITEM #2.a. Kodiak Island Borough Code Chapter 16.80 STANDARDS FOR ROAD IMPROVEMENTS Page 21 of 21 A. The minimum requirements of this chapter are guidelines and may be adjusted either up or down subject to actual field conditions upon review and approval by the engineering and facilities department director of plans prepared and certified by a registered engineer. B. If the subdivision has little probability of connection to the existing road system, the commission may grant a waiver from these construction requirements. C. Any city within the borough may adopt different construction standards by ordinance. [Ord. FY2020-02 §10, 2019; Ord. 90-15 §2, 1990]. The Kodiak Island Borough Code is current through Ordinance 2021-24, passed December 17, 2020. Page 27 of 115 Otmelio Project - Short Update From Staff. Clerk's Report Work Session January 28, 2021 AGENDA ITEM #4.a. Kodiak Island Borough OFFICE of the CLERK 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 E-mail: clerks@kodiakak.us Revamping advertising dollars and where we are advertising. This is to assist in elevating public awareness of Borough business. o Worked with Kodiak Daily Mirror on how to save the Bourgh some money on the newspaper ads. o Worked with Pam Forman at KMXT on a contract for PSA's once a week, they were able to actually plug in an extra PSA for us today o Worked with Ellen Simeonoff at KVOK on costs of running PSA's • Training of the new Assistant Clerk is coming along nicely • Reviewing and working the FY2022 budget. o In need of a new fire safe filing cabinet. I have found one that is by the same company that we currently use. It is on sale and with the shipping costs included it will cost less than the actual cost of the cabinet • Reviewed the Records Retention - this will need to be updated this year. • Received a proposal from Code Publishing for updating the format and access to the KIB Code online. • Staff is researching educational opportunities through IIMC and other resources for training for the Clerks • iCompass agenda software o We have been able to track down why we have been experiencing so many errors with the agendas. We have attended one workshop with the head supervisor of iCompass and have another scheduled for Monday. Page 28 of 115 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 AGENDA ITEM #8.a. Introduced by: Assembly Member Williams Through The Mayor Drafted by: Assembly Member Williams Introduced on: 04/02/2021 Adopted on: KODIAK ISLAND BOROUGH RESOLUTION NO. FY2021-30 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REQUESTING SENATORS LISA MURKOWSKI AND DAN SULLIVAN, AND CONGRESSMAN DON YOUNG TO TAKE ACTIONS EXEMPTING COVID-19 RELIEF FUNDS FROM FEDERAL INCOME TAXATION. WHEREAS, the COVID-19 Pandemic ("Pandemic") has had adverse financial impacts on individuals, businesses, and other entities; and WHEREAS, federal funds have been made available through a variety of relief programs to offset the adverse financial impacts on individuals, businesses, and other entities; and WHEREAS, the potential income tax consequences were not established at the outset of these relief programs; and WHEREAS, the Pandemic has continued to have adverse financial impacts on individuals, business, and other entities; and WHEREAS, individuals, businesses, and entities that were recipients of relief funds need the full benefit of all funds received to offset continuing, adverse financial impacts of the Pandemic; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Section 1: The the assembly request that Senator Lisa Murkowski, Senator Dan Sullivan, and Congressman Don Young enact legislation that would prevent federal pandemic relief funds from being subject to federal income tax. Section 2: That copies of this resolution shall be provided to Senator Lisa Murkowski, Senator Dan Sullivan, and Congressman Don Young. Section 3: That this resolution takes effect immediately upon adoption. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2021 Kodiak Island Borough, Alaska Resolution No. FY2021-30 Page 1 of 2 Page 29 of 115 45 46 47 48 49 50 51 52 53 54 KODIAK ISLAND BOROUGH William Roberts, Mayor VOTES: Ayes: Noes: Kodiak Island Borough, Alaska AGENDA ITEM #8.a. ATTEST: Alise L Rice, Borough Clerk Resolution No. FY2021-30 Page 2 of 2 Page 30 of 115 Table of Contents Contract FY2021-13 Aerial Imagery Contract with EagleView Assembly Packet Pages: Section Title 1-3 Staff Report 4 2021 Aerial Imagery RFP Timeline 5 FY2021 Bids & Flight Schedule 6 FY2020 Bids & Flight Schedule 7-8 Remote Parcel Assessing Data 9 Flight Path Priority Areas 10-23 EagleView Contract 21-23 Exhibit A — Scope of Work 24-52 Exhibit B — EagleView Proposal 53 Exhibit C - Rate Schedule 54-61 Exhibit D —Contractor's Deliverables 62-66 Maps 67-73 Exhibit E — Contractor's License Terms 74-84 KIB 2021 Aerial Imagery RFP AGENDA ITEM #9.a. Page 31 of 115 AGENDA ITEM #9.a. KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 4, 2021 ASSEMBLY REGULAR MEETING SUBJECT: Contract No. FY2021-13 ORIGINATOR: Erin Welty RECOMMENDATION: Approve the six-year contract for $506,056 (five hundred six thousand fifty-six) in substantially the same form as in the packet. DISCUSSION: Kodiak Island Borough (KIB) Code 3.30.020 - Limitation on Manager's Authority, states that a contract exceeding $25,000 requires Assembly approval. This is a professional services contract with Pictometry International Corp. d.b.a EagleView in which the contractor will provide the KIB with updated aerial imagery within the Kodiak Island Borough over a six- year period for a total cost of $506,056. Remotely Sensed Imagery is currently utilized by multiple KIB departments and by KIB constituents via disparate means and for various purposes. Imagery has been used in the past to assess remote properties. This is a typical assessing industry practice in which the International Association of Assessing Officers (IAAO) has created guidelines for and can be found in a document titled 'Standard on Mass Appraisal of Real Property'. This document, approved in July 2017, notes that "Orthophoto images (minimum 6 -inch pixel resolution in urban/suburban and 12 -inch resolution in rural areas, updated every 2 years in rapid -growth areas or 6- 10 years in slow -growth areas" and "oblique images capable of being used for measurement verification" should be used as an alternative to periodic on-site inspections. In the KIB, on-site inspections of most remote areas are often costly and, in some cases, very difficult or even impossible to perform. Alternative methods are very appropriate in theseareas. Fulfilling assessing industry standards requires timely data collection. This can be controlled through temporal resolution, or the ability to collect data when best results can be obtained. In most cases post - disaster imagery must also be collected quickly. To fulfill these requirements, EagleView will collect aerial imagery after snow melts and before leaf out occurs. Additionally, EagleView can usually provide imagery within days or hours of qualifying natural disasters. EagleView's proposal contained an aggregate of value-added products that the other proposals did not offer. These value-added products included 6 -inch spatial resolution imagery over the entire collection 2/4/21 Assembly RM Page 32 of 115 1 AGENDA ITEM #9.a. area (not only the road system), oblique imagery, access to an online tool for viewing imagery in the KIB, and participation in the Disaster Response Program. Paper and digital maps are often created using Imagery as a basemap on which parcels, zoning, tsunami, or other geographic data can be overlayed and viewed. Digital map viewers with imagery basemaps are also created and published online for public, KIB, Kodiak City, etc. use. It is probable that many recently created maps do not reflect what is on the ground as imagery has not been collected since 2018 (Road System only). The use of imagery can lower costs and save time. Imagery can save the KIB money on fuel, transportation (boat, car, and airplane), staffing, etc. If imagery is collected at the same location at two different times the staffing costs will dwindle even further as change detection will highlight areas that assessors, code enforcement, etc. may need to focus on (specifically properties that are difficult to access). Updated imagery can also be used to digitize vector GIS layers (e.g. roads, building footprints, etc.) which is an alternative to collecting data with a GPS unit. Four proposals were received in response to the request for proposal (RFP). Each proposal was accompanied by required imagery samples. Proposals were reviewed by a selection committee consisting of the Community Development Director, the Assessing Director, and the GIS analyst. The evaluation and selection criteria were made available in the request for proposal. Proposals were scored by each member of the selection committee according to the evaluation and selection criteria and the top scoring proposal was selected. Imagery Samples were provided to the committee by the GIS Analyst. Each imagery sample was given the name of A, B,CorD(the company name was not provided) to remain fair to each company. Each company was ranked based on the base product proposal. A standardized list of questions was used by the GIS Analyst to contact company references. Answers to all questions were transcribed by the GIS Analyst and were shared with the selection committee members for scoring purposes. EagleView received the highest overall ranking and was selected forthis reason. After selection, all bidders were notified and given fourteen days to protest the selection. No protests were received. If the provided contract is approved by the Assembly, EagleView will most likely begin planning for imagery collection in February or March; it will take EagleView two months to prepare for the initial data acquisition. It is important to note that the RFP, evaluation process, and unsigned contract were thoroughly reviewed by the attorney for compliance with KIB code and state law. The official request for proposal, budgetary transaction reports from 2013 to present, examples of all submitted imagery samples, and the scoring matrix have been included in this packet with a few exceptions. Some items have been redacted as requested by Quantum Spatial. All provided items are confidential and should not be released to the public. ALTERNATIVES: 2/4/21 Assembly RM Page 33 of 115 2 AGENDA ITEM #9.a. Do not approve the contract (it would bet he second time a contract is not awarded from an advertised RFP in twoyears). FISCAL IMPACT: This is a six-year contract, with costs varying between $47,180 and $136,080 annually, depending on the areas being flown. The alternative would be not awarding this contract. The Borough would continue to use 2018 Road System imagery, if possible, and older imagery for other areas, solely for mapping purposes. Outdated, lower quality, and inconsistent basemaps should be expected for online and printed maps. This would significantly reduce the utility and reliability of GIS and associated applications. OTHER INFORMATION: Kodiak Island Borough Code 3.30.020 Limitation on Manager's Authority: The manager may not make an acquisition, sale, transfer, or contract authorized by KIBC 3.30.010 if the value of the property, service, or contract exceeds $25,000 without first obtaining assembly approval with the exception of utility bills, which may be paid without assembly approval. Similar types of work, even if performed in different geographic locations, are considered "in the aggregate" regardless of the project, contract, purchase orders, or change order and require assembly notification if the total payment to one contractor exceeds $25,000 in one fiscal year. 2/4/21 Assembly RM Page 34 of 115 3 AGENDA ITEM #9.a. 2021 Aerial Imagery RFP Timeline June 18, 2020 — 2020 Contract Award failed by the Assembly. Staff directed to redo process. July 27, 2020 - GIS Analyst started. Assigned Aerial Imagery project. September 16, 2020 — FY2021 RFP released. October 26, 2020 — FY2021 Aerial Imagery proposals due to KIB. October 27, 2020 - November 4, 2020 — Review of imagery by Assessing Department. Individual review of proposals by rating committee. November 4, 2020 — Rating committee review of proposals, final scoring and proposal awardee chosen. November 5, 2020 — Notice of award sent to Eagleview/Pictometry. Two-week protest period triggered. November 19, 2020 — End of protest period. Meetings Cancelled until December 3rd. December meeting agendas were extremely full after elections, advised to wait until January to place contract on agenda. January 14, 2021— Contract 2021-13 on Assembly work session agenda. January 21, 2021— Contract 2021-13 on Assembly regular meeting agenda. 2/4/21 Assembly RM Page 35 of 115 4 CO CDW 0 Cn FY2021 Bids & Flight Schedule Quantum (3 Band) $65,171 $105,075 $98,488 $65,818 $106,622 $109,688 $550,862 Geophex $86,299 $136,875 $108,979 $71,314 $127,021 $135,924 $666,412 Eagleview (all 6") $47,180 $136,080 $62,352 $47,180 $89,280 $123,984 $506,056 Wolpert $62,100 $93,600 $66,000 $67,200 $81,600 $94,800 $465,300 2/4/21 Assembly RM 5 Y1 Y2 Y3 Y4 Y5 Y6 Area 2021 2022 2023 2024 2025 2026 Remote 1: Northwest Kodiak x Remote 2: Afognak x Remote 3: Southeast Kodiak x Remote 4: Southwest Kodiak x Road System x x 2/4/21 Assembly RM 5 CD W 4 0 Cn FY2020 Bids & Flight Schedule Vendor Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Total Cost Eagleview (1) (Everything in Hi Res) 119,020.00 51,575.00 131,670.00 56,650.00 511575.00 871670.00 498,160.00 Kodiak Mapping (3) 79,000.00 54,000.00 78,000.00 55,000.00 56,000.00 68,000.00 390,000.00 Quantum Spatial (5) 117,940.00 69,054.00 112,733.00 105,500.00 69,863.00 113,894.00 588,984.00 Terrasond (6) 152,010.00 110,010.00 191,390.00 183,480.00 100,270.00 185,250.00 922,410.00 Aqualife (Doesn't meet imagery needs) Road System x Pricing not based on comparable product GeoNorth (Med Res Only) (2) 38,193.82 49,413.97 16,761.38 25,367.65 129,736.82 eTerra (Med Res Only) (4) (@55.40/sqkm) 90,277.07 115,787.11 30,424.57 21,533.98 258,022.73 Top 3 Imagery Samples 2/4/21 Assembly RM Y1 Y2 Y3 Y4 Y5 Y6 Area 2020 2021 2022 2023 2024 2025 Remote 1: Northwest Kodiak x Remote 2: Afognak x Remote 3: Southeast Kodiak x Remote 4: Southwest Kodiak x Road System x x 2/4/21 Assembly RM Remote Parcel Assessing Data 2021 REMOTE TRAVEL: total properties seen (inc exempts) beginning value ending value difference taxable difference exemptions 2021 kizhuyak-kupreonoff 205 17,780,400 19,535,000 261,900 1,492,700 143 taxable 62 exempt tota I: 1,754,600 1,754,600 difference 0 2021 uganik-Viekoda 94 10,617,300 11,407,100 464,900 324,900 81 taxable 13 exempt total: 789,800 789,800 2021 FIELD:299 properties difference 0 2021 DESKTOP:243 properties 120 (completed) 50,564,406 74,263,402 266,400 23432596 total remote 2021: 542 properties 53 taxable (542 remote properties, 45 exempt 1391 SD1 properties total: 23698996 23698996 23 additional requests for review) 123 pending difference 0 993,200 2022 REMOTE TRAVEL: 187 Taxable properties with the potential for new discovery 6 Religious - could be taxable based on use 193 taxable 158 ANCSA-FED-LOCAL-STATE Entities - EX 185 exempt 271 Native Alottments - EX 3781 TOTAL PROPERTIES Village Breakdown - Not in spreadsheet above we will also be assessing Chiniak, 170 Ouzinkie 341 taxable Pasagshak, Anton Larson, 171 Port Lions MonMhka and Bells Flats 341 TOTAL PROPERTIES on t4Road System which adds an aclItional 1200 properties THESE ARE ALL ESTIMATED/APPROXIMATE NUMBERS 2/4/21 Assembly RM Area Boat/Plane Ride Number of Staff Ouzinke Wheel Plane 4-$10,000.00 per day Marmot Float Plane 4-$10,000.00 per day South Afognak Boat 4-$10,000.00 per day Onion Bay/Por Rasp Boat 4-$10,000.00 per day Afognak Village Boat 4- $10,000.00 per day Letnick/Dig Afognak Boat 4- $10,000.00 per day Raspberry Straight Float Plane 4-$10,000.00 per day Danger Bay Float Plane 4-$10,000.00 per day North Afognak/Shuyak Float Plane 4- $10,000.00 per day Mary Anderson Cove Float Plane 4- $10,000.00 per day Port Lions Wheel Plane 4-$10,000.00 per day Spruce Island, Ouzinke Narrows, Boat 4-$10,00.00 per day Totals: AGENDA ITEM #9.a. Days staff total Boat/Plane cost estimate 3 $30,000.00 $1,200.00 1 *included in Mary Anderson Cove trip 1 $10,000.00 $2,200.00 1 $10,000.00 $2,200.00 1 $10,000.00 $2,200.00 1 $10,000.00 $2,200.00 1 $10,000.00 $1,000.00 1 $10,000.00 $1,000.00 1 $10,000.00 $1,800.00 Port Williams, Hog Island, 1 $10,000.00 $1,600.00 Afognak Wilderness Lodge, West Afaognak, Kitoi Bay, Marmot 3 $30,000.00 $1,200.00 1 $10,000.00 $2,200.00 16 $150,000.00 $18,800.00 (already paid in salary) No per diem, all day trips Wheel plane charter- $200.00 per trip, $400.00 per day $1200.00 estimated per pl $2400.00 total est for wheel plane Float plane charter- standby use, to go to as many places as we can in one day Boat -$1500.00 Boat/captin plus fuel, per day 2020 rates: All employees week 1 $9,095.00 (two staff, two temps) All employees week 2 $9,095.00 (two staff, two temps) All employees week 3 $9,294.00 (two staff, two CDD staff) total $27,484.00 PerDiem total $2,834.00 Boat/Plane total $25,005.00 Total remote cost $55,323.00 Field time only, and we didn't get Port Lions 2/4/21 Assembly RM Page 39 of 115 8 R. 3 .of AGENDA ITEM #9.a. AGREEMENT FOR AERIAL IMAGERY SERVICES FOR THE KODIAK ISLAND BOROUGH Contract No. 2021-13 This Agreement made and entered into this day of , 2021, by and between the Kodiak Island Borough, hereinafter "Borough", a general law municipality and a Borough of the second class, whose address is: 710 Mill Bay Road, Kodiak, Alaska 99615, and Pictometry International Corp. d/b/a EagleView, hereinafter "EagleView", whose address is, 25 Methodist Hill Dr., Rochester, New York 14623, and licensed and qualified to do business within the State of Alaska, hereinafter called "Contractor." RECITALS A. The Borough desires the performance, provision, and accomplishment of the work, services and materials described and set forth in Part 1, Section 2. B. Contractor represents that it is ready, able and qualified to perform, and will perform, in all respects, all of the work, services, and materials, and to otherwise perform all of the terms, covenants, conditions and provisions of the Agreement in the manner, at the times, and for the consideration hereafter provided. Now, therefore, for and in consideration of the terms, covenants, conditions, and provisions contained herein, and/or attached and incorporated herein and made a part hereof, the parties hereto agree as follows. This contract consists of: A. Part I, consisting of eighteen (18) sections of General Provisions. B. Part II, consisting of six (6) sections of Special Provisions. ._. GENERAL PROVISIONS Section 1: Agreement to Perform. The Borough hereby agrees to engage the Contractor, and the Contractor hereby agrees to perform, complete, provide and furnish, in a timely and proper manner, and pursuant to and in accordance with all of the terms, covenants, conditions and provisions of this Agreement, all of the work, services, labor and materials required to accomplish all of the work described in Section 2 hereof at the times, in the manner, and for the consideration and payments hereinafter set forth. Section 2: Description of Work. The Contractor shall perform, supply, and provide all of the work, services and materials; hereinafter collectively referred to as "work", as set forth and described on Exhibit A, attached hereto and incorporated herein by this reference. The work shall be performed in accordance with Contractor's Proposal, copy attached as Exhibit B and incorporated herein by reference. A detailed deliverable list for each project is attached as Exhibit D. The work shall be subject to Contractor's licensing terms and conditions, attached as Exhibit E. In the event of a conflict between this contract, Exhibit A or Exhibit B, the terms of this contract shall prevail, then Exhibit A then Exhibit B then Exhibit D then Exhibit E. Section 3: Time for Commencement and for Completion of Work. (a) Commencement. Contractor shall commence the work called for in this Agreement upon the giving of a Notice to Proceed by the Borough. Page 1 of 36 Kodiak Island Borough—C16413995PW§610of 115 2/4/21 Assembly RM 10 AGENDA ITEM #9.a. (b) Completion. Upon giving of Notice to Proceed, the work called for in this Agreement shall be performed starting the 1 st day of May, 2021, and completed by December 31, 2026. Section 4: Financial Terms. (a) Compensation and Payment. For and in consideration of the timely and proper performance of work authorized as provided herein, the Borough shall pay the Contractor at the rates provided for in the Contractor's Proposal, which rate schedule is attached as Exhibit C and incorporated herein by reference. Payments shall be based upon invoices, which may be submitted no more frequently than monthly. The total funds paid under this contract over the contract terms shall not exceed $506,056.00. (b) No Additional Work. No claim for additional work, services or materials, not specifically and expressly requested and authorized as provided for in this Agreement, or by a written amendment thereto signed by both parties, done or furnished by the Contractor, will be allowed or paid by the Borough, and Contractor expressly waives any claim therefore. (c) Availability of Funds. This contract is subject to the availability of funds lawfully appropriated for its performance. sum; (d) The Borough may delay or withhold payments from the Contractor for any of the following reasons: 1) The application for payment misstates the amount of services completed; 2) Liens or Third -Party Claims filed or reasonable evidence indicating probable filing of such claims; 3) Reasonable evidence that the Project cannot be completed for the unpaid balance of the Contract 4) Reasonable evidence that the Project cannot be completed within the Contact time; or 5) Persistent failure to perform the services in accordance with the Contract documents. In the event funds are delayed or withheld the Borough shall provide the Contractor notice of the amount withheld and the basis upon which it is withheld. Section 5: Borough's Contracting Officer. For purposes of this Agreement, the Borough's contracting officer shall be the Borough Manager or such other person as is designated in writing by the Borough Manager. Section 6: Contractor Qualified. The Contractor expressly represents and warrants it is now and shall continue to be at all times during the performance of this Agreement, the holder of all required or necessary professional, business or other licenses or permits and is qualified and capable of performing all of the work covered or called for by this Agreement and is presently ready, able and willing to undertake and perform all of such work and services, and to supply all necessary materials and equipment, at the times, and in a non - negligent professional and workmanlike manner, and pursuant to the terms, conditions and provisions, and for the compensation and payments as herein provided. Section 7: Termination. (a) By Consent. This Agreement may be terminated in whole or in part by the mutual consent of the parties. Such consent shall be in writing. (b) Termination for Cause. This Agreement may be terminated in whole or in part in writing by Borough in the event of failure by Contractor to fulfill any of the terms and conditions of this Agreement upon the giving of not less than five (5) calendar days prior written notice of intent to terminate in the manner provided in Part 1, Section 10, hereof. Page 2 of 36 Kodiak Island Borough — C16413995PW§614Pof 1155 2/4/21 Assembly RM 11 AGENDA ITEM #9.a. (c) Termination for Convenience of Borough. This Agreement may be terminated in whole or in part in writing by the Borough for Borough's convenience provided the Contractor is given not less than thirty (30) calendar days prior written notice of intent to terminate in the manner provided in Part 1, Section 10, hereof. (d) In the event termination by the Borough is effected pursuant to (b) above, the Contractor shall not be entitled to receive any further payment until the work is completed, or the Borough elects to not proceed further with the project. The Borough reserves the right to seek appropriate remedies, which may include damages, for any breach of this agreement whether or not such breach results in termination for cause. The Borough reserves the right to seek appropriate damages for work which does not meet specifications and has not been remedied through commercially reasonable efforts. (e) Upon receipt of a termination notice pursuant to paragraphs (b), (c), or (d) above, the Contractor shall promptly discontinue all services (unless the notice directs otherwise), and deliver or otherwise make available to the Borough all data, drawings, notes, specifications, reports, estimates, summaries, work in progress, and any and all other information and/or materials as may have been accumulated by the Contractor in performing this Agreement, whether completed or in process, and free and clear of any mechanics or other liens or claims in favor of Contractor or any other person. In the event of termination, and when all amounts due under the contract have been paid, the Borough is entitled to a perpetual license of the delivered content. (f) Upon termination pursuant to paragraphs (b), (c), or (d) above, the Borough may, but shall not be required to, take over the work and prosecute the same to completion by agreement with another person or otherwise, may elect to complete the work itself, or to not proceed further with the work and project. The contractor shall be entitled to pay for work performed prior to termination. Unless termination is for convenience of the Borough under paragraph c above, the payment shall be subject to adjustments in paragraph d above. (g) If, after termination by the Borough pursuant to (b) above, it is determined that the Contractor had not so failed, the termination shall be deemed to have been effected for the convenience of the Borough. In such event, adjustment of the amounts to be paid to Contractor for termination shall be made as provided in paragraph (f) of this Section. (h) No other damages, whether for lost profits or otherwise, other than the amounts allowed and computed as provided for in this Section 7 shall be due or payable to Contractor in the event of termination. Section 8: Conflict of Interest. The Contractor covenants, warrants and represents that the Contractor has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner with the subject matter or the performance of this Agreement. The Contractor further covenants, warrants and represents that in the performance of this Agreement, no person having any such interest shall be employed. Section 9: Assignment and Subletting Prohibited. Neither party may assign or transfer this Agreement or any rights granted to it hereunder, in whole or in part, nor delegate any of its duties or obligations arising hereunder without prior written consent of the other party, which consent shall not be unreasonably withheld; provided, however, that this Agreement may be transferred by operation of law or assignment by either party to a surviving entity or a merger or consolidation involving that party or to a purchaser of all or substantially all of that party's assets. Any assignment, transfer or delegation of rights, duties or obligations hereunder in contravention of the preceding sentence shall be null and void. This Agreement shall be binding upon and shall inure to the benefit of, and be enforceable by, the parties to this Agreement and their respective successors and assigns. Section 10: Notice. (a) Any notice, demand, request, consent, approval, or other communication that either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail at the address set forth below. Either party may change its address by notifying the other party of its change of address in writing. Notice shall be deemed to have been duly made and given when Page 3 of 36 Kodiak Island Borough — C16413995 6149 of 115 2/4/21 Assembly RM 12 AGENDA ITEM #9.a. delivered if served personally, or upon the expiration of twenty-four (24) hours after the time of mailing if mailed as provided in this Section. Borough: The Borough Manager's Office 710 Mill Bay Road Kodiak, Alaska 99615 Contractor: Dustin Walters Pictometry International Corp. d/b/a EagleView 25 Methodist Hill Dr. Rochester, NY 14623 (b) The performance and administration of this program and this Agreement will be monitored by the Borough and such other agencies as may be required or authorized pursuant to the terms of any grant to the Borough. Necessary reports, in proper form, will be required as a prerequisite to any payment to the Contractor. (c) All project records shall be maintained by the Contractor for not less than three (3) years after completion and final acceptance of all work by the Borough and shall be subject to inspection and copying by the Borough or any funding agency during said period. Section 11: Status of Parties. (a) Independent Contractor. The Contractor shall perform its obligations hereunder as an independent contractor of the Borough. The Borough may administer the contract and monitor the Contractor's compliance with its obligations hereunder. The Borough shall not supervise or direct the Contractor other than as provided in this Section. (b) Relationship of the Parties. Nothing herein contained shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto, it being understood and agreed that neither method of computation of payment nor any other provision contained herein, nor any acts of the parties hereto, shall be deemed to create any relationship between the parties hereto other than the relationship of Borough and an independent Contractor. Section 12: Hold Harmless and Indemnity. (a) The Contractor shall indemnify, defend, save and hold the Borough, its officers, employees and agents harmless from any and all claims, lawsuits, liabilities, penalties, or fines, including attorney's fees and costs, arising out of, in connection with, or incident to any loss, damage or injury to persons or property occurring as a result of the Contractor's or any subcontractor's intentional misconduct or negligent acts, errors or omissions in its performance pursuant to this contract. The obligation in this section to defend against claims by third parties applies whether or not the alleged claim is found to have been the responsibility of the Contractor. (b) Contractor further agrees to appear and defend, and to indemnify and save free and harmless the Borough and its officers, employees and agents from and against any of the foregoing claims, liabilities, penalties, fines or damages, whether or not valid, and for any cost and expense, including reasonable attorney's fees, incurred by the Borough, its officers, employees or agents on account of any claim therefore, including claims by reasons of any defects in any plans, drawings, specifications, computer programs, technical reports, or other work product of Contractor prepared for or submitted to the Borough pursuant to this Agreement provided said claim is not based upon a use of said plans, drawings, specifications or other work product for other than the purposes for which such data was prepared and submitted to the Borough. (c) Contractor shall keep the work free from all liens and shall indemnify and defend the Borough and hold it harmless from any claims of Contractor's subcontractors or suppliers. Page 4 of 36 Kodiak Island Borough — C16413995 634* of 11 rJ 2/4/21 Assembly RM 13 AGENDA ITEM #9.a. Section 13: No Third -Party Beneficiaries. Nothing in this Agreement shall be construed to give any person other than the Borough and the Contractor any legal or equitable right, remedy or claim under this Agreement, but it shall be held to be for the sole and exclusive benefit of the Borough and the Contractor. Section 14: Compliance with Laws and Regulations. Contractor shall, at Contractor's sole cost and expense, comply with all of the requirements of all local, state, or federal laws, ordinances, or regulations now in force, or which may hereafter be in force, pertaining to this Agreement, or the project or work to be performed, and shall faithfully observe in the performance of this Agreement, all local, state, and federal laws, ordinances and regulations now in force or which may hereafter be in force. When a change in laws, ordinances or regulations results in additional costs, the Contractor may request a change order to cover those costs. Any such change order shall be limited to the Contractor's actual additional costs as a result of the change. The Contractor shall pay all taxes pertaining to its performance under this contract. Section 15: Successors and Assigns. Except as otherwise provided herein, the covenants, agreements and obligations herein contained shall extend to bind and inure to the benefit not only of the parties hereto but their respective personal representatives, heirs, successors and assigns. Section 16: Miscellaneous. (a) Terminology. Whenever herein the singular number is used, the same shall include the plural, and the masculine gender shall include the feminine and neuter genders. (b) Law Applicable. The laws of the State of Alaska shall govern the construction, validity, performance and enforcement of this Agreement. Venue as to any action, claim, or proceeding arising out of, or based upon this Agreement, including, but not limited to, any action for declaratory or injunctive relief, shall be the appropriate Court sitting in the City of Kodiak, Third Judicial District, Alaska. (c) Paragraph Headings. The headings of the several sections and subsections contained herein are for convenience only and do not define, limit or construe the contents of such sections and subsections. (d) Terms Construed as Covenants and Conditions. Every term and each provision of this Agreement performable by Contractor shall be construed to be both a covenant and a condition. (e) Time of the Essence. Time is of the essence of each term, condition, covenant and provision of this Agreement; provided, however, that the parties understand that some performance is weather dependent and delays due to weather or other matters outside of Contractor's control are excepted. (f) Severability. In the event any provision of this Agreement is adjudicated or held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. (g) Nonwaiver. No delay or omission of the right to exercise any power by either party shall impair any such right or power, or be construed as a waiver of any default or as acquiescence therein. One or more waivers of any covenant, term or condition of this Agreement by either party shall not be construed by the other party as a waiver of a subsequent breach of the same covenant, term or condition. The consent or approval by either party to any act by the other party of a nature requiring consent or approval shall not be deemed to waive or render unnecessary consent to or approval of any subsequent similar act. Section 17: Amendment. (a) This contract shall only be amended, modified or changed by writing, executed by authorized representatives of the parties. (b) For the purpose of any amendment modification or change to the terms and conditions of this contract, the only authorized representatives of the parties are: 1) EagleView, Dustin Walters, District Manager - Alaska Page 5 of 36 Kodiak Island Borough —C1641399561.VOf 115 2/4/21 Assembly RM 14 AGENDA ITEM #9.a. 2) Kodiak Island Borough, Borough Manager (c) Any attempt to amend, modify, or change this contract by either an unauthorized representative or unauthorized means shall be void. Section 18: Entire Agreement. This Agreement and any schedules, appendices or exhibits attached hereto sets forth all the covenants, promises, agreements, conditions and understandings between the parties hereto, and there are no covenants, promises, agreements, conditions or understandings, either oral or written, between them other than as herein set forth. Except as herein otherwise expressly provided, no contemporaneous or subsequent agreement, understanding, alteration, amendment, change or addition to this Agreement, or any schedule, appendix, exhibit or attachment thereto shall be binding upon the parties hereto unless reduced to writing and signed by both parties. This Agreement constitutes a final, complete, and exclusive statement of the agreement between the parties. PART II SPECIAL PROVISIONS Section 1: Insurance. (a) During the entire period of the project or work, the Contractor shall provide the following types of insurance. The Borough shall be insured as additional insured on all insurance policies except professional liability contracts. All policies shall have a thirty (30) day cancellation clause. Professional liability insurance covering errors and omissions at $1,000,000 per claim. 2. Workers' compensation as required by law and employer's liability coverage at a minimum of $1,000,000. 3. Commercial general liability insurance - $1,000,000 per occurrence and $2,000,000 aggregate. (b) Each policy of insurance required by this Section shall provide for no less than thirty (30) days' advance notice to the Borough prior to cancellation. Insurance certificates will be required to be submitted for review by the Borough Manager before the Borough will issue a notice to proceed. Failure to maintain coverage is a material breach and grounds for termination of the contract. (c) Should the Contractor fail to comply with the insurance requirements of this Agreement, the Kodiak Island Borough may terminate the Agreement on ten (10) days written notice. Page 6 of 36 Kodiak Island Borough — C16413995 6].V 0 f 1155 2/4/21 Assembly RM 15 AGENDA ITEM #9.a. Section 2: Equal Employment Opportunity. (a) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, disability, national origin, ancestry, age, or sex. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, disability, national origin, ancestry, age or sex. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. (b) The Contractor shall state in all solicitations or advertisements for employees to work on contract jobs to be let in the performance of this Agreement, that all qualified applicants will receive consideration for employment without regard to race, color, religion, disability, national origin, ancestry, age, or sex. (c) The Contractor agrees to fully cooperate with the office or agency of the State of Alaska which seeks to deal with the problem of unlawful or invidious discrimination, and with all other State efforts to guarantee fair employment practices under this Agreement, and said Contractor will comply promptly with all requests and directions from the State Commission of Human Rights or any of its officers or against relating to prevention of discriminatory employment practice. (d) Full cooperation as expressed in the foregoing clause (c) shall include, but not be limited to, being a witness in any proceeding involving questions of unlawful or invidious discrimination if such is deemed necessary by any official or agency of the State of Alaska, permitting employees of said Contractor to be witnesses or complainants in any proceeding involving questions of unlawful or invidious discrimination, if such is deemed necessary by any official or agency of the State of Alaska, or the Borough, participating in meetings, submitting periodic reports on the equal employment aspects of present and future employment, assisting in inspection of relevant facilities, and promptly complying with all State directives deemed essential by any office or agency of the State of Alaska, or the Borough, to insure compliance with all federal and state laws, regulations, and policies pertaining to the prevention of discriminatory employment practices. (e) Failure to perform any of the above agreements pertaining to equal employment opportunities shall be deemed a material breach of the contract and sufficient grounds for termination of this Agreement for cause without liability. Section 3: Contractor Responsible for Personnel. The Contractor has or will secure, at Contractor's own cost and expense, all personnel required to perform this Agreement in a timely and proper manner. The parties hereto agree and understand that such personnel shall in no event be deemed to be, and are not, employees, agents, or representatives of the Borough and such persons shall have no contractual or other relationship with the Borough, and the Borough shall have no responsibility or liability whatsoever to any of said persons, or for the acts or omissions of any of such persons. Section 4: Personnel Supervision. Contractor agrees that all work and services required or provided under this Agreement shall be performed personally by the Contractor, unless otherwise authorized in writing by the Borough's contracting officer, and in such event all personnel engaged in any such work shall be fully qualified, and shall be licensed and authorized under applicable state, federal and local laws to perform such services. Section 5: Corporate Authority. If Contractor is a corporation, Contractor shall deliver to the Borough at the time of execution of this Agreement a certified copy of a resolution of its board of directors authorizing the execution of this Agreement and naming the officers that are authorized to execute this Agreement on behalf of the corporation. Page 7 of 36 Kodiak Island Borough — C16413995 6144 O f 115 2/4/21 Assembly RM 16 AGENDA ITEM #9.a. Section 6: Additional Terms and Conditions. This Agreement is subject to each of the additional terms, covenants, conditions and provisions attached hereto as Exhibit A, which are hereby expressly referred to and incorporated herein as though set forth in full. Date Date Wherefore the parties have entered into this Agreement the date and year first above written. KODIAK ISLAND BOROUGH: M Michael Powers Borough Manager ATTEST: By: Alice Rice Borough Clerk APPROVED AS TO FORM: -32 Scott A. Brandt -Erichsen Borough Attorney CONTRACTOR: Pictometry International Corp. 0 Brian Brockmann Page 8 of 36 Kodiak Island Borough — C16413995 6309 of 115 2/4/21 Assembly RM 17 BOROUGH ACKNOWLEDGMENTS STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT AGENDA ITEM #9.a. THIS IS TO CERTIFY that on this day of , 2021, before me, the undersigned, a notary public in and for the State of Alaska, duly commissioned and sworn, personally appeared Michael Powers, to me known to be the Borough Manager of the Kodiak Island Borough, a municipal corporation, the corporation which executed the above and foregoing instrument; who on oath stated that he was duly authorized to execute said instrument on behalf of said corporation; who acknowledged to me that he signed the same freely and voluntarily on behalf of said corporation for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in the certificate first above written. (Seal) STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) NOTARY PUBLIC FOR ALASKA My Commission Expires: THIS IS TO CERTIFY that on this day of , 2021, before me, the undersigned, a notary public in and for the State of Alaska, duly commissioned and sworn, personally appeared Alice Rice, to me known to be the Borough Clerk of the Kodiak Island Borough, a municipal corporation, the corporation which executed the above and foregoing instrument; who on oath stated that she was duly authorized to execute said instrument on behalf of said corporation; who acknowledged to me that she signed the same freely and voluntarily on behalf of said corporation for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in the certificate first above written. (Seal) Page 9 of 36 NOTARY PUBLIC FOR ALASKA My Commission Expires: Kodiak Island Borough — C16413995PW§6149of 115 2/4/21 Assembly RM 18 ACKNOWLEDGMENT LIMITED LIABILITY COMPANY STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT AGENDA ITEM #9.a. I, a Notary Public, in and for the State of , hereby certify that whose name as manager/member of LLC., is signed to the foregoing instrument and who is known to me, acknowledged before me on this day that, being informed of the contents of the instrument, he or she, as such officer and with full authority, executed the same voluntarily for and as the act of said limited liability company. WITNESS my hand and official seal the day and year in this certificate above written. (Seal) NOTARY PUBLIC FOR ALASKA My Commission Expires: CORPORATE CERTIFICATE I, , certify that I am the Secretary of the Corporation named as Contractor in the foregoing instrument; that , who signed said instrument on behalf of the Contractor, was then of said Corporation; that said instrument was duly signed for and on behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Signature Page 10 of 36 Kodiak Island Borough — C16413995 6156 o f 115 2/4/21 Assembly RM 19 AGENDA ITEM #9.a. CORPORATE ACKNOWLEDGMENT STATE OF ) ) ss. COUNTY OF ) THIS IS TO CERTIFY that on this day of , 2021, before me, the undersigned, a Notary Public in and for the State of duly commissioned and sworn, personally appeared (Name) and (Name) known to be the President and Secretary of , the corporation which executed the above and foregoing instrument, and who on oath stated they were duly authorized to execute said instrument and acknowledged that they signed the same freely and voluntarily on behalf of said corporation for the purposes therein mentioned. WITNESS my hand and official seal the day and year in this certificate above written. (Seal) NOTARY PUBLIC FOR My Commission Expires: Page 11 of 36 Kodiak Island Borough—C16413995 �915r 9 o 115 2/4/21 Assembly RM � �'�J 20 EXHIBIT A SCOPE OF WORK 1. Scope of Services 1.1 SCooe of work AGENDA ITEM #9.a. The general scope of work includes the work to plan, collect, process, and deliver a color -balanced, georeferenced, orthorectified imagery product and/or alternatives to the Borough for the next six years. Two different minimum spatial resolutions are requested: high-resolution (6 in) and medium resolution (1.5 ft). The general areas and the desired resolutions are depicted in Figure 1: Collection Areas. Figure 1: Collection Areas Collection area shapefile can be downloaded from: http://data-kiborough.opendata.arcgis.com/datasets/kib-collectionareas-aksp5nad83 Page 12 of 36 Kodiak Island Borough—C16413995 61519of 115 2/4/21 Assembly RM 21 Y1 Y2 Y3 Y4 Y5 YG Area 2021 2022 2023 2024 2625 2026 Remote 1: Northwest Kodiak x Remote 2: Afa nak x Remote 3: Southeast Kodiak x Remote 4: Southwest Kodiak x Road System x x Kodiak Island Borough Imagery Collection Areas Collection Areas Remote Area 1, Norlhwest Kodiak Rem ole Area 2, Afognak Rem ole Area 3, Southeast Kodiak Rem ale Area 4, Southwest Kodiak Road Syslem, Road System Q High -Resolution (6")1 w Ourinkla 1P,an Lions ttvdiek lALarsBay Kirluk_ ® Old Harbor ARhiok-1 R E S O L U T I a N Collection Aree Medium High Remote 1 447 sq. mi. 173 sq. mi. Remote 2 724 sq. mi. 137 sq. mi. • P` Remote 3 928 sq. mi.17 sq. mi. Remote 4 244 sq. mi. 189 sq. mi. Road System rda 260 sq. mi. Figure 1: Collection Areas Collection area shapefile can be downloaded from: http://data-kiborough.opendata.arcgis.com/datasets/kib-collectionareas-aksp5nad83 Page 12 of 36 Kodiak Island Borough—C16413995 61519of 115 2/4/21 Assembly RM 21 AGENDA ITEM #9.a. 1.2 Contract Deliverables 1.2.1 Acquisition planning and updates Prior to each acquisition, the collection area will be reviewed and modified as needed. Areas may be larger or smaller than areas presented in Figure 1 of this RFP. Imagery providers shall communicate with the Borough about acquisition and delivery schedules and make available to the Borough interim products, if applicable. 1.2.2 Orthoimagery Color -corrected, three -band (R,G,B) or four -band (R,G,B,NIR), georeferenced, orthorectified imagery. 1.2.3 Alternative Products and/or Services (if applicable Details presented in proposal will be incorporated into the contract. This includes the additional ground control and Essentials+ Neighborhood with Certified Ortho and True Touch upgrade for the City of Kodiak areas in years 1 and 4 and the enhanced oblique imagery for all areas. 1.2.4 Control Provide horizontal and vertical control for aerial acquisition products. 1.2.5 Metadata Metadata in FGDC or ESRI compliant schema to accompany imagery deliverable. Should, at a minimum, include contact info, acquisition date, platform used, statement about horizontal and vertical control, accuracy statement. 1.3 Proposed collection schedule The proposed schedule for imagery acquisition is provided in in Figure 1. The Borough would prefer imagery acquisition to occur in the spring, after the snow melt, before the vegetation leafs out and with minimal shadows. The goal is to collect imagery that makes it easy to identify and delineate buildings and other structures. Final products should be delivered on or before December 1 of each collection year. 1.4 Considerations Imagery The Borough is requesting that the imagery be snow -free, cloud -free and vegetation -free with minimal shadows. Coordinate system Borough uses two projected coordinate systems: NAD 1983 Alaska State Plane Zone 5 (WKID:102635, Esri) and WGS 1984 Web Mercator (WKID:3857, EPSG). 0nftXnia rim The Borough uses ArcGIS Desktop to view, process and publish imagery data. Currently, the Borough is running ArcGIS 10.5.x. The Borough also publishes data to ArcGIS Online for viewing in web applications. Ownership Page 13 of 36 Kodiak Island Borough — C16413995PW§6159of 115 2/4/21 Assembly RM 22 AGENDA ITEM #9.a. The Borough shall own the copies of the orthogonal imagery delivered to the Borough by Contractor pursuant to this contract (the "Transferred Deliverables"). The Borough is free to use, reproduce, and redistribute copies of the Transferred Deliverables in any manner without any accounting to Contractor. Contractor shall own all copies of the Transferred Deliverables, including all formats in which such copies are maintained (including, but not limited to, electronic), that remain in Contractor's possession. Contractor is free to use, reproduce, and redistribute copies of the Transferred Deliverables in any manner without any accounting to the Borough. All inventions, discoveries, improvements, technology, designs, works of authorship, patents, copyrights, technical information, data, databases, software, business information, and other information used to create the Transferred Deliverables remain the sole and exclusive property of Contractor. All oblique imagery, software, online services and online content, or other deliverables not specifically mentioned above which are produced by Contractor pursuant to the resulting contract remain the sole and exclusive property of Contractor (the "Licensed Deliverables"). The Licensed Deliverables are subject to Contractor's license agreements (set forth in Exhibit E). Page 14 of 36 Kodiak Island Borough — C16413995 615* O f 115 2/4/21 Assembly RM 23 AGENDA ITEM #9.a. EXHIBIT B CONTRACTOR'S PROPOSAL AS SUBMITTED Page 15 of 36 Kodiak Island Borough — C16413995 �915V O f 115 2/4/21 Assembly RM 24 Submitted By Dustin Walters District Sales Manager EagleView AGENDA ITEM #9.a. f eagleview- j I w Phone and Email Address (541) 325-3781 25 Methodist Hill Dr. Dustin.Walters@EagleView.com Rochester, NY 14623 2/4/21 Assembly RM Page 56 of 115 25 — AGENDA ITEM #9.a. eagleview'" October 26, 2020 Ms. Brandi Wagner 710 Mill Bay Road Kodiak, AK 99615 Dear Ms. Wagner, Over the next six years, Kodiak Island Borough needs to acquire high-quality aerial imagery to be made available to Borough staff and the public through desktop and web -based map applications. Pictometry International Corp., a member of the EagleView family of businesses and herein referred to as EagleView, can confidently meet those needs. In response to Kodiak Island Borough's Orthoimagery RFP, we are proposing a natural (RGB) color balanced, visualization grade orthomosaic with oblique imagery at 6 -inch ground sample distance (GSD) resolution of all of Kodiak Island Borough's project areas. The benefits of choosing EagleView include: Unmatched Experience: We have served more than 2,000 government customers in North America, delivering imagery, mapping, and software solutions since 2001. We understand the challenges of flying in difficult climates and over variable terrain. Our references in Alaska, Washington and Western Canada will attest to our ability to successfully capture and deliver quality imagery despite challenging climate and terrain conditions. Unique Add -Ons: Along with our core offering, EagleView is offering the City of Kodiak a suite of add-ons including Four Band Color Infrared, TrueTouch and Certified Ortho. Our ChangeFinder add-on will enable Kodiak Island Borough identify building outlines and detect changes when compared to the imagery capture in the previous years. Exceptional Complimentary Services: We offer the following services at no cost: • A one-year license for CONNECT, our imagery viewing and measurement platform, which can be used by any and all authorized municipalities, departments, or contractors located totally or substantially within the Borough project area. • Participation in our Disaster Response Program, which includes free and reduced -price imagery of Kodiak Island Borough project areas following disasters like earthquakes and tsunamis. We look forward to working with the Borough to provide a user-friendly, high-quality aerial imagery solution. Thank you for your consideration. Regards, Dustin Walters District Sales Manager 25 Methodist Hill Dr. Rochester, NY 14623 (541) 325-3781 Dustin.Walters@EagleView.com Brian Brockmann Corporate Vice President 25 Methodist Hill Dr. Rochester, NY 14623 (585) 486-0093 Brian.Brockmann@EagleView.com In Response To: Kodiak Island Borough Request for Proposal (RFP) for Orthoimagery 2/4/21 Assembly RM 26 N Page 57 of 115 _ AGENDA ITEM #9.a. eagleview- Table of Contents Tableof Contents........................................................................................................ 3 2. Company Information............................................................................................. 4 a. Authorized representative and point of contact....................................................................................... 4 b. Company overview.................................................................................................................................... 4 c. Company qualifications............................................................................................................................. 5 d. Key personnel overview............................................................................................................................ 5 e. Subcontractor overview............................................................................................................................ 6 f. Resources and equipment......................................................................................................................... 6 g. References................................................................................................................................................. 7 3. Proposed Products.................................................................................................. 9 a. Product specifications............................................................................................................................... 9 b. Product pricing for proposed products................................................................................................... 11 c. Add-Ons................................................................................................................................................... 11 e. Product acquisition and delivery timeline............................................................................................... 12 f. Provide product and metadata samples as an attachment.................................................................... 12 4. Special considerations........................................................................................... 13 a. Licensing and/or use restrictions............................................................................................................ 13 b. Minimum collection area requirements................................................................................................. 13 S. Project management............................................................................................. 14 a. Proposed plan of action.......................................................................................................................... 14 b. Contingency measures............................................................................................................................ 15 c. Quality assurance and quality control measures.................................................................................... 16 d. Ability to adapt to change and offer new products................................................................................ 17 6. Conflict of interest................................................................................................. 17 7. Attachments.......................................................................................................... 18 a. Key personnel and subcontractor qualifications.................................................................................... 18 b. Imagery and metadata samples............................................................................................................. 22 c. Alternative product detail....................................................................................................................... 22 d. Exceptions to the provided sample contract.......................................................................................... 27 In Response To: Kodiak Island Borough Request for Proposal (RFP) for Orthoimagery 2/4/21 Assembly RM Page 58 of 115 27 — AGENDA ITEM #9.a. eagleview, 2. Company Information a. Authorized representative and point of contact ►1_UriI: AUTHORIZED REPRESENTATIVE POINT OF CONTACT ADDRESS PHONE EMAIL ADDRESS Pictometry International Corp., a member of the EagleView family of businesses and herein referred to as EagleView Brian Brockmann, Corporate Vice President Dustin Walters, District Manager—Alaska 25 Methodist Hill Dr. Rochester, NY 14623 (541) 325-3781 Dustin.Walters@EagleView.com b. Company overview Pictometry International Corp. is a privately held company. Since incorporation in 2000, Pictometry has grown into an aerial imagery industry leader and continues to invest heavily in research and development of new and updated technologies. In 2013, Pictometry merged with EagleView Technologies Inc., the leading provider of 3D aerial measurement services to the insurance, construction, and solar markets. EagleView generates most of its reports from data derived from Pictometry imagery. Both entities are members of the EagleView family of companies and backed by investments from Vista Equity and Clearlake Capital. ADDRESS PHONE TOLL FREE PHONE FAX 10900 NE 4th St Suite 800 Bellevue, WA 98004-5873 (585) 486-0093 (888) 771-9714 (585) 486-0098 WEB ADDRESS www.EagleView.com ESTABLISHED ` 1994, Incorporated in Delaware on 11/2/2000 FEIN # 116-1595473 DUNS # 967973769 GSA # GS -35F -0801N In Response To: Kodiak Island Borough Request for Proposal (RFP) for Orthoimagery 2/4/21 Assembly RM 28 4 Page 59 of 115 c. Company qualifications EagleView combines imagery that reveals the finest and most important details with computer vision to help identify insights into any location—from anywhere. By delivering timely, comprehensive answers to complex questions, we help professionals across industries improve people's lives and make informed decisions for the present and future. — AGENDA ITEM #9.a. eagleview'" Extensive track record delivering aerial Imagery and tools that improve workflows across departments Founded in 2000, Pictometry International Corp. 1 BILLION pioneered the acquisition of georeferenced, oblique images in EagleViews aerial imagery. Pictometry's patented camera system, cloud -based image library which captures oblique and orthogonal imagery simultaneously, is the only one to receive U.S. Geological Survey certification. In January 2013, Pictometry International Corp. merged with EagleView Technologies, NEARLY 2,000 Inc., a provider of aerial roof measurements and property North American government data reports. customers served, including 1,500 U.S. counties As EagleView, we have become the unparalleled providers of aerial data and measurement and analytical tools through proprietary software and partner 100+ AIRCRAFT integrations. With a growing fleet of more than 100 aircraft and library of 1 billion images, we deliver more outfitted with proprietary, high-resolution camera coverage and third -party integrations than any other systems aerial imagery provider. Pictometry International Corp. is registered to do business in Alaska. As a member of the EagleView family 98 PERCENT of companies, Pictometry International Corp. is coverage of the U.S. population hereinafter referred to as EagleView. d. Key personnel overview The Project Manager, Mike Borrelli, for the Kodiak Island_ 150+ PATENTS Borough project will oversee a team of project planners — and production managers. This team will estimate a domestic and international patents granted schedule of milestones, monitor progress against them, and act when necessary to keep projects on track. Mike Borelli will provide Kodiak Island Borough with weekly WWW EASLEV EW.C11M updates during capture and regular updates during post -processing. All teams involved track project milestones and order details within an internal Customer Relationship Management (CRM) system, from flight planning through delivery. This system serves the entire organization. In addition to Project Management, the in-house teams integral to the capture and production of Kodiak Island Borough's aerial imagery are outlined here: In Response To: Kodiak Island Borough Request for Proposal (RFP) for Orthoimagery 2/4/21 Assembly RM 29 5 Page 60 of 115 — AGENDA ITEM #9.a. eagleview'" Flight Operations, led by Chad Rhinewald, follows processes based on nearly 20 years' experience capturing oblique and orthogonal imagery in highly controlled and congested airspace. It monitors a growing fleet of more than 100 aircraft, ensuring sufficient resources can be dedicated to each project, and projects can be started and completed on time. The team ensures proper permits are obtained for each project and will monitor pilots, aircraft, and camera systems during capture. Geomatics, led by Chris Clar, will receive, develop and geo-reference imagery and perform initial quality control checks. If images do not meet quality standards, specialists will mark imagery for recapture. If the City of Kodiak selects the optional add-ons for these projects, the following will be included: o Professional Processes and Survey Operations, led by Carl Schoenthal, will ensure professional processes are established and quality standards achieved throughout the project. The team will also coordinate the establishment of ground control. o The Aerial Triangulation team, led by Chris Clar, will perform tie -point generation, aerial triangulation using ground control, and orthorectification to ensure the final orthomosaics meet Kodiak Island Borough's accuracy requirements and specifications. The Image Corrections team, also part of the Photogrammetry Department led by Chris Clar, will ensure imagery meets USGS quality specifications for orthophotography. Customer Technical Services will prepare and ship the imagery hard drives to the customer. Should Kodiak Island Borough require training for EagleView's web -based image viewing software, CONNECT, the Training Team will coordinate with the customer and deliver in-person or virtual instructional sessions with users. On-going local technical support will be provided by Regional Technical Manager Megan Reilly at Megan.Reilly@EagleView.com or (208) 390-8420. Account support is available through District Manager Dustin Walters at Dustin.Walters@EagleView.com or (541) 325-3781. Resumes for key personnel can be found in the attachments section. e. Subcontractor overview If the certified authoritative orthomosaic upgrade option is selected by Kodiak Island Borough, EagleView will subcontract with a professionally licensed surveyor to collect ground control using the methodology described in Section 3.a.iii. — Control to be used for orthorectification. f. Resources and equipment Aircraft EagleView maintains a growing fleet of more than 100 aircraft, including a mix of Cessna 172 single-engine and Piper Aztec twin -engine planes, strategically based across the United States, Canada and Australia. This fleet allows EagleView to logistically capture imagery in different regions simultaneously. Cameras and Calibration Aircraft are equipped with EagleView's patented camera system which features five separate cameras: one focused on the nadir (straight -down view), and four that capture oblique images facing north, south, east, and west. The system also includes an Applanix Position and Orientation System (POS) with a Global Positioning System (GPS) antenna and an Inertial Measurement Unit (IMU). This is the only oblique capture system to be certified by the United States Geological Society (USGS) because of its proven locational accuracy. In Response To: Kodiak Island Borough Request for Proposal (RFP) for Orthoimagery 6 2/4/21 Assembly RM Page 61 of 115 30 Cameras undergo a rigorous calibration process, developed by EagleView and licensed to the USGS, prior to image collection and as part of the manufacture. The calibration is performed through the capture of a series of images from prescribed locations and at varied orientations of a stationary target cage. Targets are identified in the images collected via a semi-automatic process, and a free - network bundle adjustment is performed to solve for camera interior orientation, including precise focal length, principal point location, and radial distortion coefficients. These parameters are then incorporated into the camera model used during subsequent image processing operations. EagleView also puts each camera through its color calibration process to ensure consistent representation of ground features. ii. AGENDA ITEM #9.a. eagleview'" Configured for Areawide Capture. EagleView's capture system was designed for the highly efficient capture of regional, county and city areas with five views: a traditional nadir view plus north, south, east, and west oblique views. In advance of capturing data, EagleView performs an additional aerial boresight calibration on each of the systems involved in a project. An adjustment is computed to solve for the alignment between the optical axis of the camera and the internal coordinate axes of the Inertial Measurement Unit (IMU). This adjustment is then applied to the imagery captured throughout each project. Each system completes a boresight flight at regular intervals to ensure sensors have stayed in alignment. g. References Fairbanks North Star Borough, Alaska Contact: Bryn Dunbar Role: GIS Analyst Phone: (907) 459-1210 Email: Bryn.Dunbar@fnsb.us The Fairbanks North Star Borough has flown threeVim.;W-A flights with EagleView dating back to 2009. The Alaska- �:'.'' g g g ,<o interior presents many challenges to capturing x _.., imagery, but because of our commitment and •._ capabilities, we've completed each project with little to no issues. Because of this, in October, the Borough made the decision to sign a contract for three flights over the next 9 years to make sure they have a long-term successful imagery program. The Borough purchases ortho and oblique imagery and uses EagleView's CONNECT platform to view and measure imagery. In Response To: Kodiak Island Borough Request for Proposal (RFP) for Orthoimagery 7 2/4/21 Assembly RM Page 62 of 115 31 BCAssessment, British Columbia, Canada Contact: David Garnham Role: Manager, Data Management and Reporting Phone: (250) 595-6211 Email: david.Rarnham(@bcassessment.ca For accurate remote property assessment, BC Assessment flies imagery with EagleView on an annual basis. This includes places like Vancouver Island all the way up the BC coastline through Haida Gwaii, which has similar terrain to Kodiak Island. Skagit County, Washington Contact: Joshua Greenberg, PhD., GISP. Role: Skagit County GIS/Mapping Phone: (360) 416-1136 Email: joshg@co.skagit.wa.us — AGENDA ITEM #9.a. eagleview'" yrs a •'�. '.,_� 40 1 i..: Skagit County has flown with EagleView every 2 - `_ years since 2007. Skagit County has a mix of terrain # ,"'-�� a; . •A'"' ranging from low farmlands to the crest of the North Cascades National Park, reaching elevations of over �. AL 9000 feet. The weather, which can range from sunny to rain and then snow all in the same day, can be challenging for imagery capture. Because of the quality of our equipment, our numerous resources and our dedication, we have successfully captured imagery for the County for the past 12 years. Grays Harbor County, Washington Contact: Dan Lindgren Role: County Assessor �. ► �. "!7�.L j_ Phone: 360-964-1536 '+ Email: dlindgren@co.grays-harbor.wa.us Grays Harbor County recently extended its contract to add two additional flights over the next 644 F' n, '1 years. The County is heavily treed which makes property assessment and other work challenging without the support of great imagery. The County is�**+►�► also unique in the State of Washington as it is the only one that manages its own timber lands for logging and sales. High-quality, regularly updated imagery has been key to multiple departments' success. In Response To: Kodiak Island Borough Request for Proposal (RFP) for Orthoimagery W 2/4/21 Assembly RM Page 63 of 115 32 — AGENDA ITEM #9.a. eagleview'" 3. Proposed Products a. Product specifications i. Aerial imagery Alaska -based flight crews will capture imagery from Cessna 172 single-engine and Piper Aztec twin -engine planes using our proprietary PentaView capture system, as detailed in Section 2f, Equipment. This capture system can capture orthogonal and oblique imagery simultaneously and efficiently. Best efforts will be made for imagery to be snow -free, cloud -free and leaf -off, with minimal shadows. Throughout each capture mission, GPS/IMU data will be logged on the aircraft. The GPS data will be recorded at a minimum rate of 2Hz, and the IMU data will be logged at a minimum rate of 200Hz. Concurrently, multiple GPS reference stations will be logging data on the ground. These reference stations are typically part of the NGS CORS network. EagleView may set up and run a base station, as needed. The imagery will be nominally captured with a PDOP value of less than 8.0 and within 60 kilometers of an operating GPS reference station. EagleView limits its sensor to 6 degrees of pitch and yaw. This limit can be used due to the narrow field of view of EagleView's cameras which, by design, limit the off -nadir distance of features at the edge of the frame. Imagery will be captured at 12 bits per band (and resampled to 8 bits during processing) with a planned forward overlap of 60 percent and a sidelap of 30 percent. Image collection will extend beyond the project area boundaries to produce full orthoimagery coverage. Capture angle for oblique imagery is between 40 to 45 degrees. Flight window is when the sun angle is 25 degrees or greater for our standard visualization - grade imagery and 30 degrees or greater for our Reveal imagery that meets accuracy specifications. ii. Spatial resolution Imagery will be captured at 6 -inch ground sample distance (GSD) resolution in natural -color (RGB). Imagery will be processed at our facility in Rochester, NY. Orthoimagery will be delivered in the Borough's preferred projected coordinate system and is compatible with ESRI GIS Software. iii. Control to be used for orthorectification The following White Paper details the tested accuracy of our standard orthoimagery: httos://www.eagleview.com/wD-content/unloads/2017/07/Absolute-Horizontal-Accuracies 2014-11- 21-1.pdf. For our standard 6 -inch orthoimagery frames, the computed 95% absolute horizontal accuracy results of the tested areas were 1.4 -foot (43cm) RMSEx/RMSEy Horizontal Accuracy Class +/- 4.4 feet [135cm] at a 95% confidence level. For the City of Kodiak project area, we offer an upgrade to our aerially triangulated and manually corrected orthomosaic, for which our subcontractor can collect ground control sufficient to meet the ASPRS 1990 Horizontal Accuracy Class 1 at 1"=200'. Our mosaic is delivered with FGDC-compliant metadata. The following description of the process of ground control collection would apply for the capture and processing of the City of Kodiak area if the Reveal upgrade option is chosen: In Response To: Kodiak Island Borough Request for Proposal (RFP) for Orthoimagery 9 2/4/21 Assembly RM Page 64 of 115 33 ii. AGENDA ITEM #9.a. eagleview'" Ground Control Processes EagleView will collect geo-referenced data while performing aerial imagery captures using an Airborne Global Positioning System (AGPS) and an on -board Inertial Measurement Unit (IMU). A licensed Professional Land Surveyor (PLS) will collect Ground Control Points (GCPs) to confirm the accuracy of the collected imagery. EagleView and the PLS will evaluate the project area to ensure sufficient ground control exists before image capture starts. New forms of ground control will be established, as needed, to ensure EagleView meets the desired accuracy and resolution. If requested, Kodiak Island Borough will receive a signed and sealed copy of the Surveyor's Report, which is used to verify ground control meets or exceeds specified accuracy requirements. The Flight Planning Team will establish a flight plan and cross - lines for capture based on the location of GCPs. The team will first review the project area for any suitable existing ground control. The team will then decide the amount and placement of new GCPs needed to meet specifications. A licensed PLS will evaluate the planned locations and project requirements before proceeding and oversee the collection of needed GCPs. If new ground control is required, EagleView will use photo - identifiable points from existing imagery wherever possible. GCPs will be placed on clearly defined high-contrast targets, such as the intersection of two sidewalks, the point where a driveway meets a road, or the end of a sufficiently thick painted stripe or arrow. a '16� Confirming Accuracy. EagleView surveys clearly defined, photo -identifiable targets (top) and painted targets (bottom) to establish quality ground control. When photo -identifiable control is not available, the surveyor will place or paint semi-permanent targets prior to imagery capture. Targets may be laid out in an X, T, or + shape. They will have high contrast and be clearly visible from the sky. The surveyor will attempt to place targets in public right-of-way and avoid restricted areas and private property whenever possible. Field technicians will collect ground control under the guidance of a licensed PLS, using Static, Rapid -Static, and/or Real -Time Kinematic GPS Observations and, as needed, other approved forms of ground measurements. These technicians will provide field notes and collect multiple photos of each GCP that show its relation to the surrounding area. Ground control will be delivered in the requested coordinate system. In Response To: Kodiak Island Borough Request for Proposal (RFP) for Orthoimagery 2/4/21 Assembly RM 34 10 Page 65 of 115 — AGENDA ITEM #9.a. eagleview'" EagleView will provide Kodiak Island Borough with a signed and sealed Surveyor's Report. This report will describe the surveying equipment and methodology, networks and datums used, and provide coordinates and accuracies for each GCP in the client's specified coordinate system. This report will include, but is not limited to: • Project -specific scope of work, including number and type of GCPs • Methods of collection, horizontal and vertical datums, units, and measures of accuracy used • State plane coordinates and geographic coordinates of each GCP • Notes, exceptions, or disclaimers regarding GCPs or the project • Digital spreadsheet containing all data sets • Shapefile showing locations of each GCP • Digital photos that clearly indicate location of GCPs, and coordinate name/number of the point in the photo. b. Product pricing for proposed products 6 -inch Essentials+ Neighborhood Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Total Sq. Miles (based on the RFP) Amount 260 $47,180 945 $136,080 433 $62,352 260 $47,180 620 $89,280 861 $123,984 $506,056 c. Add -Ons We have a suite of additional solutions referred to as Add-ons. An easy way to view add-ons are as compliments to our imaging family of products. We currently offer the following add-ons: Four Band Color Infrared: Provides an automatically generated 3 -Band color infrared orthomosaic with respective tiles. EagleView also has an IR product available as option. TrueTouch: The application of visual improvements to customers' orthomosaic imagery. This is the manual image correcting process that fixes broken bridges and collapsed buildings Certified Ortho: Upgrades an orthomosaic to an authoritative orthomosaic produced in accordance with state and local requirements. Typically includes ground control points (GCPs) during processing. ChangeFinder: Detects additions to existing structures, demolitions, new construction, or other changes to property features. The process involves comparing existing building outline data with latest imagery. In Response To: Kodiak Island Borough Request for Proposal (RFP) for Orthoimagery 11 2/4/21 Assembly RM Page 66 of 115 35 Pricing Summary CONNECT— No charge* Integrations — No charge* WMS/WMTS Image Service — $2,000 Disaster Response Program (DRP) — No charge* — AGENDA ITEM #9.a. eagleview, *With purchase of oblique imagery e. Product acquisition and delivery timeline i. Recommended collection window for staging and acquisition PLANNING FLIGHT PLANNING 5/1/2021 5/14/2021 ACQUISITION* PRIMARY COLLECTION 5/15/2021 7/1/2021 REFLIGHTS (IF NECESSARY) 7/1/2021 7/14/2021 *Best commercial efforts will be made to capture the imagery leaf off and snow free ii. Turnaround time from acquisition to orthoimagery delivery IMAGE PRODUCTION APPLANIX POS/GNSS PROCESSING 5/19/2021 7/19/2021 FINAL STANDARD IMAGERY PRODUCTION 7/19/2021 8/19/2021 AERIAL TRIANGULATION* 8/19/2021 10/18/2021 IMAGE CORRECTIONS* 10/18/2021 11/18/2021 DELIVERY EARLY ACCESS 5/29/2021 8/26/2021 INITIAL STANDARD DELIVERY 8/19/2021 8/26/2021 FULLY CORRECTED MOSAICS* 11/18/2021 11/25/2021 FINAL CONNECT DELIVERY* 11/25/2021 12/2/2021 *For Certified Ortho Projects f. Provide product and metadata samples as an attachment Imagery and metadata samples have been uploaded directly to the Kodiak Island Borough. In Response To: Kodiak Island Borough Request for Proposal (RFP) for Orthoimagery 2/4/21 Assembly RM 36 12 Page 67 of 115 — AGENDA ITEM #9.a. eagleview'" 4. Special considerations a. Licensing and/or use restrictions If the Borough selects to upgrade the ortho to a certified ortho, the Borough shall own the copies of the orthogonal imagery delivered to the Borough by Pictometry pursuant to the resulting contract (the "Transferred Deliverables"). The Borough is free to use, reproduce, and redistribute copies of the Transferred Deliverables in any manner without any accounting to Pictometry. Pictometry shall own all copies of the Transferred Deliverables, including all formats in which such copies are maintained (including, but not limited to, electronic), that remain in Pictometry's possession. Pictometry is free to use, reproduce, and redistribute copies of the Transferred Deliverables in any manner without any accounting to the Borough. All inventions, discoveries, improvements, technology, designs, works of authorship, patents, copyrights, technical information, data, databases, software, business information, and other information used to create the Transferred Deliverables remain the sole and exclusive property of Pictometry. All oblique imagery, software, online services and online content, or other deliverables not specifically mentioned above which are produced by Pictometry pursuant to the resulting contract remain the sole and exclusive property of Pictometry (the "Licensed Deliverables"). The Licensed Deliverables are subject to Pictometry's license agreements that will be set forth in the resulting contract. If the Borough chooses, you can access our full license agreements at the following link using the email address: tstorey@kodiakak.us. https://eagleviewcloud.sharepoint.com/:f:/s/Proposals/ErGrUXO4fYNPg423ZH9K1GIBmdml8lfmV387zz u11MfdCw?email=lzeimer%40kodiakak.us&e=BVVhX5 b. Minimum collection area requirements Project minimums are determined based on individual project specifications. The estimated minimum collection area for Kodiak Island Borough is 200 square miles. Smaller areas can be evaluated on a case by case basis and in consultation with Kodiak Island Borough. In Response To: Kodiak Island Borough Request for Proposal (RFP) for Orthoimagery 13 2/4/21 Assembly RM Page 68 of 115 37 — AGENDA ITEM #9.a. eagleview, 5. Project management a. Proposed plan of action EagleView will assign Mike Borrelli as project manager. He will work alongside Kodiak Island Borough to oversee your aerial imagery project and maintain the schedule. He will estimate a schedule of milestones, monitor progress against them, and act when necessary to keep projects on track. He will stay in frequent communication with Kodiak Island Borough on the project's status throughout. This chart outlines main phases and milestones of your project. Phase 1 Description Planning Approximately two months prior to image acquisition, Mike Borrelli will host a kick-off meeting via conference call with Kodiak Island Borough. He will collaborate with Kodiak Island Borough to develop a custom flight plan and review plans for ground control. Approximately 1-2 weeks before acquisition, he will notify Kodiak Island Borough when aircraft are moving or have moved into the area of interest (AOI). Capture We will capture Kodiak Island Borough imagery when the sun angle is 25 degrees or greater using a single- or twin -engine aircraft equipped with our patented PentaView camera system. This platform can simultaneously capture high-resolution ortho and oblique imagery. The small -format cameras ensure minimum building and feature lean and greater sharpness and clarity. Post -Processing Following capture, we will ship your imagery to our centralized processing facility in Rochester, NY. Our Geomatics team will post -process the imagery, turning the raw data into geo-referenced imagery. The team will also review the quality of the images and inspect for any capture issues. If images do not meet quality standards, the team will mark imagery for recapture. We review imagery while aircraft are still in the project area for efficient deployment should a re -fly be necessary. Oblique We will incorporate elevation data into oblique imagery through our Production patented Tessellated Ground Plane (TGP) process. The tessellation process (if applicable) extracts geographic coordinates and elevation data for each oblique image pixel and associates it with the corresponding position on the TGP. We use proprietary software to determine image -to -image as well as camera -to - camera accuracy. All oblique imagery undergoes a 12 -step quality control review process prior to final delivery. Standard Our Geomatics team will produce standard orthomosaics from the ortho Orthomosaic imagery. The team will: Production Color balance imagery to eliminate areas of significant contrast Fully QC all final deliverables In Response To: Kodiak Island Borough Request for Proposal (RFP) for Orthoimagery 14 2/4/21 Assembly RM Page 69 of 115 38 — AGENDA ITEM #9.a. eagleview'" Authoritative Our Photogrammetric team will produce authoritative orthomosaics to Orthomosaic meet accuracy specifications. The team will: Production Color balance imagery to eliminate areas of significant contrast (if applicable) Review the individual footprints of the images, or polygons, for coverage issues, such as excessive overlap and gaps Detect matching pixel values in overlapping images to adjust the location of images Perform aerial triangulation using surveyed ground control coordinates Use the best available DEM to orthorectify imagery Generate mosaicked ortho tiles Manually correct images that do not meet quality standards. Fully QC all final deliverables. Delivery Standard delivery: Within 30-60 days after final capture, we plan to deliver oblique imagery and standard ortho tiles and orthomosaics on a hard drive. This imagery will be available on CONNECT. (Standard ortho imagery has not undergone aerial triangulation or image corrections.) Authoritative Orthomosaic Delivery (if applicable): We will deliver final ortho tiles and areawide orthomosaics that meet accuracy specifications with maximum image clarity within 120 days after final capture. We apply a full QA/QC process to final orthophotos, which will be aerial triangulated and corrected through automated and manual methods. b. Contingency measures Ensuring Data Collection and Delivery Schedules A growing fleet of more than 100 aircraft will ensure sufficient resources can be dedicated to each project, and projects can be started and completed on time, pending unexpected weather and Air Traffic Control restrictions. EagleView's longstanding relationship with Air Traffic Control will allow the Flight Operations team to capture aerial imagery in highly controlled and congested airspace in a timely manner. To alleviate the impact of poor weather, EagleView's meteorologist(s) on staff will provide long- and short-range forecasts to best predict optimal flight windows. Steps for Issue Resolution If a project changes course, the Project Management team follows these steps, focusing on maintaining quality and adhering to customer specifications and schedule: 1. Review issue and/or change and analyze potential impact on quality and schedule. 2. Develop a plan or options available that will minimize impact on quality and schedule. 3. Communicate options to customer. Collaboratively determine best course of action. 4. Coordinate with internal teams and customer to implement plan. EagleView's change management procedures align closely with its communications plan. EagleView's Customer Relationship Management (CRM) system is key to change management processes. Internal teams provide all project updates in the CRM. External communication with the customer also is tracked using this tool. In Response To: Kodiak Island Borough Request for Proposal (RFP) for Orthoimagery 15 2/4/21 Assembly RM Page 70 of 115 39 — AGENDA ITEM #9.a. eagleview'" c. Quality assurance and quality control measures To ensure the Borough receives high quality, georeferenced imagery and to meet the Borough's specifications, EagleView will apply its stringent quality control checkpoints throughout the capture and production process. The quality control procedures use both automated software -based methods and visual inspection. All quality control processes have been carefully developed and evaluated by licensed surveyors and certified photogrammetrists to comply with industry standards. Some of the key quality checkpoints are outlined here: Checkpoint Description System Calibration EagleView's sensors are calibrated for lens distortion, system geometry, color response, and accurate bore sighting. Flight Planning Taking into account the digital elevation model, flight plans are tiered at different altitudes to allow for complete image overlaps and consistent resolution. The ground elevation also affects the altitude needed to fly to remain safe. Image Acquisition The flight management system performs several real-time quality checks during capture operations. The system immediately flags images captured when the aircraft experiences excessive roll, pitch, or yaw, and recaptures frames with significant glare or hot spots from solar reflection. Receiving Upon receipt of captured imagery, the Geomatics Team does a thorough inspection of imagery for any issues related to color, camera defects, environmental conditions, capture platform anomalies, cloud cover, shadows, glint or glare, and motion blur. If images do not meet quality standards, the image will be marked for recapture. Re fly EagleView ships drives containing imagery and data to its processing facility while aircraft are still in the area. If a re -fly is needed, EagleView can dispatch pilots quickly. GPS Post -Processing Differential GPS and IMU post -processing is handled using Applanix POSPac suite of software, and the resulting solution is held to strict accuracy standards. Relative Accuracy Using proprietary software, EagleView imagery is accuracy tested which Verification provides a means for determining image -to -image as well as camera -to - camera accuracy. Ortho Mosaic Tile Review The Geomatics Team reviews each ortho-mosaic sector tile to verify proper coverage and identifies any image issues with careful attention paid to developed features, such as roads. Customer Deliverables A member of the QC team reviews all deliverables through a 12 -step process to ensure data matches customer specifications and is free of errors. In Response To: Kodiak Island Borough Request for Proposal (RFP) for Orthoimagery 16 2/4/21 Assembly RM Page 71 of 115 40 — AGENDA ITEM #9.a. eagleview'" d. Ability to adapt to change and offer new products EagleView will work with Kodiak Island Borough to make the Borough aware of new products as they become available and is open to amending contracts to adjust products based on mutually agreeable terms. 6. Conflict of interest There are no conflicts of interests. In Response To: Kodiak Island Borough Request for Proposal (RFP) for Orthoimagery 17 2/4/21 Assembly RM Page 72 of 115 41 7. Attachments a. Key personnel 9 r�rN� All �� k1f'-"-1• � 4i r Cotla — AGENDA ITEM #9.a. eagleview" and subcontractor qualifications Michael Michael Borrelli has been a project manager with EagleView (Pictometry) since 2015. In this capacity, he has supported customers by successfully directing the planning, execution and delivery of aerial imagery projects. Prior to his tenure at EagleView, Mr. Borrelli collected geospatial data for the Town of Cheektowaga, NY, and served as the Survey Team Lead for a SUNY Research Foundation project in the Town of Tonawanda, NY. Allegheny County, PA 2019 Mr. Borrelli managed Allegheny County's most recent aerial imagery capture, which consisted of 3" resolution oblique and ortho imagery covering 784 square miles, including the City of Pittsburgh. Deliverables included standard imagery and certified cinhomosaics. Mr. Borrelli has worked closely with this customer to ensure all final imagery meets specificatic ns, Education B.A. Geography SUNY Buffalo State College A.A. Liberal Arts Monroe Community College PROJECT EXAMPLES Fond du Lac, Wl 2019 For this project, EagleView captured 3" oblique and ortho Imagery and HDAR data covering 65 square miles. Mr. Borrelli successfully coordinated this protect with internal teams and the customer from capture through delivery- Final products included 3" oblique imagery, certified orttomosaics, and t_iDAR-derived DEM and terrain products. Concho Vatley Council of Governments, 2o18-ig This imagery capture covered 13 counties over 16,425 square miles in West Central Texas. The project consisted of 6" ortho and B" oblique imagery for the entire area with 3" imagery for high -papulation areas. Mr. Borrelli managed the project from the planning phase through delivery. Imagery capture started in early December and imagery was delivered by the end of March. Delivery was separated by county for easier distribution among COG entities. Programs, Tools and Techniques Microsoft Office, Salesforce, Esri ArcGIS, QGIS, Bentley Microstation, LAS Tools Core Competencies Customer Relations, Technical Support, Project Management, Field Work, Resource Management, Team Leadership In Response To: Kodiak Island Borough Request for Proposal (RFP) for Orthoimagery 2/4/21 Assembly RM Page 73 of 115 42 - AGENDA ITEM #9.a. eagleview, 40- _. Chad RhinewaldMoo"' _ t Senior Director of Imagery Acquisition ~r ! ■ f Driving efficient capture of aerial imagery from + planning stages through acquisition - Mr. Rhinewald has responsibility for efficient management of flight planning activities; assignment and deployment of aircraft; and management of aircraft vendors. He and his team focus on maximizing resources and performance to ensure timely capture of high-resolution imagery. Mr. Rhinewaid has nearly 14 years' experience related to remote sensing and geographic information systems, and more than 10 years' experience at EagleView. He previously served as Director of the Project Management office where he supervised all project management activities. Prior to this role, he served as a project manager, overseeing more than 500 customer accounts during his tenure. Before joining EagleView, Mr. Rhinewald worked for the U.S. Army as a GIS Analyst. PROJECT MANAGEMENT EXPERIENCE Metropotitan Area Planning Wisconsin -based Enemy Chickasaw Nation, Agency (MAPA), NE and LA MAPA project deliverables consisted of orthogonal and oblique imagery, mosaic tiles, change detection for 148,0011 parcels and planlmetrics from Pictometry for eight counties in Nebraska and two counties in Iowa. EagleView captured nearly 6,000 - square miles of 3", 6' and 9" GSD oblique and Ortho imagery_ MAPA also implemented EagleViiew's web -based image portal, CONNECT, and Electronic Field Study (EFS), desktop image -viewing portal. Mr_ Rhinewald managed communication and organization of capture. He supervised processing and delivery and ensured compliance with the customer's timeline and budget. Education BA in Geography, SUNY Geneseo, NY MS in Geography, Okkahoma State University Company Mr. Rhinewald has managed mull ple captures for this Wiscensin4oased Energy Company. The mast recent project spanned 740 linear miles of corridors and included 5 -square miles of wide -area capture. EagleView prepared flight pians and captured 2", 3", 4" and 6" GSDs within the project area- Under Mr. Rhinewald's supervision, EagleView delivered the project a month ahead of schedule. OK Mr. Rhinewald managed the coordination of this project, spanning more than 11,000 -square miles, from planning to delivery. Products included 12" GSO and 4" GSD ortho imagery, onho dies and oblique imagery. EagleView delivered imagery an nearly 40 hard drives to multiple departments and precincts. Additionally, the customer received desktop image viewing software, Electronic Field Study (EFS), and free training and technical support. Related 5ldlls Esri Suite, Global Mapper, Salesforce, Sharepoint, EagleView Suite, ERDAS, QGIS, Microsoft Suite Certifications GIS Certificate In Response To: Kodiak Island Borough Request for Proposal (RFP) for Orthoimagery 2/4/21 Assembly RM 43 19 Page 74 of 115 f. AGENDA ITEM #9.a. eagleview, Mr. Clar has been with EagleView since 2010. He oversees all production teams responsible for standard imagery, AccuPlus (obliques and ortho images that meet accuracy specifications), and UDAR products. He has helped develop the highly accurate methods for ortho image corrections and played an integral role in transitioning the group from product development into a full-scale production team. While under Mr. Clar's management the past four years, the Photo grammetric production team has grown exponentially and produced 25 percent more square mileage, season over season. For 2017, the Photogrammetric production teams completed 50,000 -square miles of both ortho imagery and LiDAR products. Jefferson County, KY 2o16 This 1,050 square mile project consisted of four -band, 4 -inch ortho images that met required accuracy specifications and JDAR data deliverables. Mr. Clar oversaw the production teams responsible for the Aerial Tf iangu lation, Image Corrections. and deliverable creation for this project. The LiDAR capture deliverable was 1.0 -meter point spacing and was contracted for full classification. Mr. Clar oversaw the management of the production team who worked on the classification and produced the finalized point cloud deliverables. Geospatial Software Tools PROJECT EXAMPLES Lee County, FL 2o16 This project included the capture of 1,198 square miles of four - band, 4 -inch GSD ortho imagery. Final ortho mosaics conformed to the requested accuracy specifications. The total project weawas broken into 11 blocks of separated imagery for processing Mr. Clar oversaw the production teams who performed the Aerial Triangulation, (mage Corrections, and deliverable creation. Education County of Los Angeles, CA 2017 EagleView captured oblique and ortho imagery and produced deliverables that met or exceeded the custamer's requested accuracy specifications. This project consisted of 3,182 square miles of four -band, 4 -inch imagery and 1,031 square miles of four -band, 9 -inch imagery. Mr. Clar managed the production of this project from Aerial Triangulation, Image Corrections and deliverable creation. QuantumGIS, Global Mapper, CrthWista, InPho, Bachelor of Fine Arts, GeoExpress, GeoCue, Terrasolid, LP360, Bentley Map Alfred University School of Art and Design Powerview, Bentley Microstation, Optech LMS. In Response To: Kodiak Island Borough Request for Proposal (RFP) for Orthoimagery 2/4/21 Assembly RM 44 20 Page 75 of 115 fllllll■ AGENDA ITEM #9.a. eagleview, Carl L. SchoenthaL, PE Senior Director of ProfessionaL Processes Ensuring processes and projects meet the highest standards of professionalism Mr. Schoenthal has been a licensed professional engineer for more than 15 years with previous experience in project planning, process design, and project management at firms in Upstate New York State. He is responsible for overseeing and developing operations strategies utilized on phatogrammetric projects and ensures that professional services are performed to meet applicable standards and industry best practices. Mr. Schoenthal supervises the ground control and mission planning prior to data capture, reviews and oversees client geo-spatial dataset integration, and reviews and prepares data for compliance reporting.He works with multiple stakeholders and customers to successfully deliver high accuracy imagery, LiDAR data, and other phatogrammetric projects. Ground Control Oversight for Multiple Projects Mr_ Schoenthal is responsible for the planning and collection of ground control points for ail projects. He reviews field data to ensure Engleview meets project specifications: prepares compliance testing and reports, and collaborates with subcontractors, as needed, to provide surveying services. Technical SkAls Project Management for Los Angeles legion Imagery Acquisition Consortium (LARIAC) EagleVievds 2017 project for LAR - LACE; consisted of 441ch and 9 -inch GSD, four -hand digital Ortho and true color oblique imagery for all of Los Angeles County and 45 constituent participating agerticies. Mr. Schoemhai was responsible for the project's planning, scoping, execution and deliverables_ Dariy duties included coordination and project status reporting, quality assurance, staffing, role assignment,, managing workflows, and setting schedules and budgets. Esri Arc Gl5 Suite (ArcGIS, ArcExplorer): RiskyProject (Intaver Institute):Primavera (Expeditfori); Adobe Creative Suite, Autodesk Suite (AutoCAD Civil 3b); Microsoft Office Suite (Word, Excel, Project): Project Management Professional — coursework completed Education Professional Engineering Licenses in 29 States Mr. Schoenthal is a registered Professional Engineer in the following states: New York, Pennsylvania, Texas, Kentucky, Louisiana, Oklahoma, Oregon, South Carolina, Minnesota Wyoming, Alabama, New Mexico, Washington, Montana, Arizona, Virginia, Indiana, Florida, Arkansas, New Hampshire, Kansas, Utah, Connecticut, West Virginia, Maine. Maryland, Michigan, South Dakota and Vermont. B.S. Civil Engineering, SUNY Buffalo (Cum Laude) Master of Erupneering, Construction Engineering & Management, SUNY Buffalo NF_5_, Management Roberts Wesleyan College Rochester, NY In Response To: Kodiak Island Borough Request for Proposal (RFP) for Orthoimagery 2/4/21 Assembly RM 45 21 Page 76 of 115 — AGENDA ITEM #9.a. eagleview'" b. Imagery and metadata samples Imagery and metadata samples have been uploaded directly to Kodiak Island Borough. c. Alternative product detail CONNECT Explorer Our CONNECT platform consists of a suite of software applications that give licensed users access to aerial imagery hosted on secure servers. The intuitive platform requires minimal training and provides a robust set of tools to perform day-to-day tasks via a web browser. Licensed CONNECT users can view and measure current and historical imagery and their own uploaded GIS data against the backdrop of high- resolution orthomosaics and oblique images. CONNECT integrations exist within Esri's ArcGIS platform and most major computer-assisted mass appraisal (CAMA) systems, computer-aided dispatch (CAD) systems, and E-911 dispatch applications. Tens of thousands of county and city customers use CONNECTExplorer to make informed, accurate decisions daily. No software or installation is required. Features of CONNECTExplorer include: Access to current and historical imagery Intuitive analysis tools to determine location, area, height, elevation, ground slope, bearing, annotations, walking distance and more GIS -layer hosting and integration Search functionality on customer -provided GIS layers Dual -pane mode to simultaneously view imagery from different years and angles to detect change GPS Tool to narrow in on a user's location Image extraction in standard file formats, including JPG, TIF, GIF, KML, and PDF 24/7 access to your data using secure access protocols In Response To: Kodiak Island Borough Request for Proposal (RFP) for Orthoimagery 22 2/4/21 Assembly RM Page 77 of 115 46 — AGENDA ITEM #9.a. eagleview, Measure building heights and visually evaluate ingress and egress of buildings in CONNECTExplorer. Public Safety and Assessment departments can make key decisions from their desks using EagleView's oblique imagery in conjunction with the measurement and visualization tools in CONNECTExplorer. Esri Integrations EagleView is a Gold Partner of good standing in the Esri Partner Network. Our orthophotography is fully compatible with Esri applications, and we produce several integrations with Esri products to accommodate oblique imagery and tools. We offer integration solutions for: • ArcGIS Desktop • ArcGIS Server • ArcGIS Pro • Web AppBuilder These integrations support location synchronization with the Esri map window to provide oblique imagery viewing, navigation and analysis, as well as GIS vector layer overlays. Esri Web AppBuilder Built with the Integrated Pictometry Application (IPA), the Pictometry for Esri Web AppBuilder (Developer Edition) is a custom widget that can be added to a web application developed using Esri's Web AppBuilder (Developer Edition). This widget allows users with an active CONNECT organization to access oblique and orthogonal frame imagery; GIS layers configured in the CONNECT organization; and analytics tools for internal sites. Public -facing sites are configured for view -only access. In Response To: Kodiak Island Borough Request for Proposal (RFP) for Orthoimagery 23 2/4/21 Assembly RM Page 78 of 115 47 _ AGENDA ITEM #9.a. eagleview, Customizable Widget for Esri. Users can pan and rotate oblique and ortho imagery, view CONNECT - configured GIS layers and customize the dashboard with the Pictometry for Esri Web Appeuilder widget, which corresponds with the users' web maps. In Response To: Kodiak Island Borough Request for Proposal (RFP) for Orthoimagery 24 2/4/21 Assembly RM Page 79 of 115 48 — AGENDA ITEM #9.a. eagleviewTM Web Mapping and Web Map Tile Services The CONNECT Image Service will allow Kodiak Island Borough to connect to a secure Web Mapping Service (WMS) or Web Map Tile Service (WMTS) to access orthomosaics available through its CONNECT account. Our WMS conforms with the Open Geospatial Consortium (OGC) WMS version 1.3.0 specification; WMTS conforms with the OGC version 1.0.0 specification. These web services can be accessed in most mainstream GIS or mapping applications that are capable of consuming orthomosaics compliant with OGC WMS/WMTS specifications for use internally and on public -facing websites. Example applications include, but are not limited to, Esri ArcGIS Desktop, ArcGIS Server and ArcGIS Online, Autodesk, and QGIS. If other third -party software packages can use WMS or WMTS that conform with the OGC specification, they will also be compatible. The projection for the map service is WGS84. 8 :9 .n�� Creq.ave�q CvRom'm WnNaws Heb i Esri-Compatible WMS and WMTS. Our Web Map Tile Service integrates with Esri's ArcGIS De. ArcGIS Server and ArcGIS Online as well as other common GIS applications. fwwP a•a4gal�•Im!hcl:1 (me.: rt NrXwIIe P...v>_aX no>sa,u..e - @ N A4 s Ew. Lam ®Is P-1 p Nvw-m(rxv,ecl.aM lmle PKla 'd NYxssPnl tw.e,o.i oM NPIT PNom.J. Nwnmis nme. Pay oM m1s PNSRm, (1 Nvzcull rcGnc�;GRl uan PN. NYRPLR7(R..EeY. Pwn+.sl_GMfA1]Pi. ANY fn. rak�.P.v� oM tx (� NVRVLR61&.gq, P.,i�w.Pl_ONRIA1R v.. g NYCXfMT ICnenaye] UM IA1 J P.IRnw @ HrvaGCRo-sauPLNs-MosrJcssM Icm !! RiYaesd I<XC3l-oM (Ald P.RRNMe.Y r. 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NYMONIId fMwngom.rrLallAld YKu NYNFGC1fACCi1RLUfMO'VdC55M Rue ij NYNiG:15-REPIACfAENi rNmdWfueq � Qi NN YEtlf WrIOnenai OM Mfs I.p. e p NYONOPpJ IGmntlry.l-OM lAld P1 ,clvm Q NYONT]IE iOMJn.I_OM [AIJ YKIvmXry (� NYONl611 i0m.mi OM EAIH 9,ctem.l0 ""ORaw610piyr _qM f:Jld RnmmwrP A p1160..trvntlry Mf)SwEll ICnwegoi OM IDL] PctomMr NYRFNSlT iRm5u4n;CM IAII PMRmX NVRR6fIJRIPIJGEAENIRG£i 0(IIAI. MYRGGEIS-dCCUDLui-rgLMCS-SM toil. I, �M'RGAEIfMOSAKHSM IRCA EI--'JMI]Rl- Hd�(maaJ sHmm��Nt.n.. ;ktop (as seen above), Disaster Response Program (DRP) Participation Kodiak Island Borough is eligible for participation in our Disaster Response Program (DRP) described below if the Borough purchases oblique imagery. The Borough would then be eligible from the effective date through the second anniversary of the initial project delivery. Following payment to EagleView of amounts due with respect to each subsequent project, the Borough will be eligible for the then -current DRP for a period of two years from delivery of such subsequent project. Customer must be in good -standing with EagleView to maintain eligibility for DRP. Subject to EagleView resources availability. In Response To: Kodiak Island Borough Request for Proposal (RFP) for Orthoimagery 2/4/21 Assembly RM 49 25 Page 80 of 115 — AGENDA ITEM #9.a. eagleview'" A. Disaster Coverage Imagery at No Additional Charge — EagleView will, upon request of Customer and at no additional charge, provide standard quality imagery of up to 200 square miles of affected areas (as determined by EagleView) upon the occurrence of any of the following events during any period Customer is eligible for the DRP: • Hurricane: areas affected by hurricanes of Category II and higher • Tornado: areas affected by tornados rated EF4 and higher • Terrorist: areas affected by damage from terrorist attack • Earthquake: areas affected by damage to critical infrastructure resulting from earthquakes measured at 6.0 or higher on the Richter scale • Tsunami: areas affected by damage to critical infrastructure resulting from tsunamis B. Discounted Rate — Coverage for areas affected by the events set forth above exceeding 200 square miles will be, subject to EagleView resource availability, offered to Customer at the then current DRP rates. Also, coverage for areas affected by hurricanes below Category II, tornadoes below EF4 or earthquakes rated below 6.0 on the Richter scale will be, subject to EagleView resource availability, offered to Customer at the then current DRP rates. C. Online Services — Use of EagleView CONNECTExplorer — EagleView's DRP includes the use of CONNECTExplorer for a term of ninety days from the date of delivery of the DRP imagery. The CONNECT Explorer application simultaneously displays pre- and post -disaster images to aid recovery and restoration efforts. Technical Support and Training At no cost, EagleView will provide ongoing technical support and on -location training, which is unmatched in the industry. Users will learn best practices and how to use and manage our imagery and software within existing workflows. Our training program has increased the use of imagery and software throughout our customers' organizations. Our Technical Training team will work with you to customize a training plan that best fits your needs. We offer various options, as noted below. Full electronic documentation is included for all sessions. Administrator Training: We will deliver on -location or online (virtual classroom) training for administrators. GIS and IT support staff members will learn how to install, configure and support EagleView's web -based CONNECT environment. This session will also include training on administration for Electronic Field Study (EFS) software, our desktop solution, if applicable. End -User Orientation Training: We will deliver on -location or online (virtual classroom) training for end users to learn how our imagery functions with their GIS data and within existing workflows. Depending on your needs, we will train end users on the CONNECT and/or EFS solutions. Advanced -User Training: Delivered on -location or online (virtual classroom), we will provide hands-on, customized training for Advanced Users you select. In Response To: Kodiak Island Borough Request for Proposal (RFP) for Orthoimagery 26 2/4/21 Assembly RM Page 81 of 115 50 — AGENDA ITEM #9.a. eagleview'" Online Learning Center: Kodiak Island Borough employees are encouraged to register at www.learning.eagleview.com for additional product resources, user -led training modules and access to live web -based training calendars at any time for no additional cost. Customer Support: Customers can request support from Customer Technical Support (CTS) by sending an email to CustomerSupport@eagleview.com anytime or calling 1-855-337-1526 between 8:30 a.m. and 8:30 p.m. EST Monday through Friday. Customers can submit a support case via email 24/7. The first response will be less than six (6) business hours. Technical Support: Ongoing technical support will be provided by Megan Reilly, Technical Manager who supports Kodiak Island Borough, at (208) 390-8420 and Megan.Reilly@EagleView.com. Account Support: For account support and direction, contact: Dustin Walters, Alaska District Manager, at (541) 325-3781 and Dustin.Walters@EagleView.com. d. Exceptions to the provided sample contract We reviewed and are responding to your Request for Proposals ("RFP"). We prepared our proposal based on the information provided by you and any assumptions we made in preparing our response. If there are material changes to the information or assumptions, this may result in modification to our proposal. Should Kodiak Island Borough have any concerns with EagleViews's exceptions listed below, EagleView is agreeable to further negotiate these exceptions in order to come to a mutually agreeable contract for this project. These exceptions were considered in EagleView's previous response and draft contract with Kodiak Island Borough. 1. Appendix A: Sample Contract, Section 4 (d)(2) a. EagleView requests an exception to add clarification to this. Should the services be deemed "defective" in the sense that the deliverables do not meet specifications, EagleView will use commercially reasonable efforts to remedy. 2. Appendix A: Sample Contract, Section 7(d)(1) and (2) a. EagleView requests an exception to these provisions. Appendix A: Sample Contract, Section 7(d)(e) a. In the event of termination and all fees have been received for an applicable project, the Borough is entitled to a perpetual license of the delivered content. 4. Appendix A: Sample Contract, Section 9 a. EagleView requests an exception to this provision and suggests the following language: Neither party may assign or transfer this Agreement or any rights granted to it hereunder, in whole or in part, nor delegate any of its duties or obligations arising hereunder without the prior written consent of the other party, which consent shall not be unreasonably withheld; provided, however that this Agreement may be transferred by operation of law or assignment by either party to a surviving entity of a merger or consolidation involving that party or to a purchaser of all or substantially all of that party's assets. Any assignment, transfer or delegation of rights, duties or obligations hereunder in contravention of the preceding sentence shall be null and void. This Agreement shall be binding upon and shall inure to In Response To: Kodiak Island Borough Request for Proposal (RFP) for Orthoimagery 27 2/4/21 Assembly RM Page 82 of 115 51 — AGENDA ITEM #9.a. eagleview'" the benefit of, and be enforceable by, the parties to this Agreement and their respective successors and permitted assigns. S. Appendix A: Sample Contract, Section 12(a) a. EagleView requests that "allegedly" be deleted from this provision. 6. Appendix A: Sample Contract, Section 16(e) a. As the imagery quality and the imagery capture process is contingent on conditions outside of EagleView's control, including weather, EagleView requests an exception to this provision. In Response To: Kodiak Island Borough Request for Proposal (RFP) for Orthoimagery 28 2/4/21 Assembly RM Page 83 of 115 52 AGENDA ITEM #9.a. EXHIBIT C RATE SCHEDULE The rates estimated for each year of service under the contract are listed in the table below. The costs listed are comprehensive estimates based upon current costs at the time of entering into the contract. Years 2-6 may require adjustment based upon changes in scope or scale, or changes in logistical expenses. The Contractor will notify the Owner of any adjustments from this table before the beginning of each contract year. Year of Service Task Order Region Task Order Cost Year 1 (2021) Road System $47,180.00 Year 2 (2022) Southeast Kodiak $136,080.00 Year 3 (2023) Southwest Kodiak $62,352.00 Year 4 (2024) Road System $47,180.00 Year 5 (2025) Northwest Kodiak $89,280.00 Year 6 (2026) Afognak Island $123,984.00 Page 16 of 36 Kodiak Island Borough—C16413995 610Of 1155 2/4/21 Assembly RM 53 AGENDA ITEM #9.a. EXHIBIT D CONTRACTOR'S DELIVERABLES FIRST PROJECT QTY PRODUCT NAME PRODUCT DESCRIPTION LIST PRICE DISCOUNT AMOUNT PRICE 260 Reveal Essentials+ Provides ortho and oblique imagery at a Neighborhood $160.00 $144.00 $37,440.00 Neighborhood level. (10%— Long Deliverables include measurable oblique and ortho Term Incentive imagery at neighborhood resolutions. Color balanced Discount) orthomosaic imagery is generated by a fully automated photogrammetric process and delivered digitally in various formats with the associated metadata. Applicable Terms and Conditions: Delivered Content Terms and Conditions of Use 1 Survey - Ground Control Survey of Ground Control Points (GCPs) performed by $8,000.00 $8,000.00 Points - non-specific appropriately licensed surveyor. Applicable Tenns and Conditions: Order Form 29 Reveal TrueTouch TrueTouch is the application of visual improvements to $30.00 $870.00 Neighborhood customers' orthomosaic imagery Applicable Terms and Conditions: Delivered Content Terms and Conditions of Use 29 Reveal Certified Ortho Certified Ortho upgrades an Essentials orthomosaic to an $30.00 $870.00 Neighborhood authoritative orthomosaic produced in accordance with state and local requirements Applicable Terms and Conditions: Delivered Content Terms and Conditions of Use 1 Pictometry Connect - Pictometry Connect - EarlyAccess provides authorized $10,000.00 $0.00 $0.00 EarlyAccess users the ability to login and access the imagery, as (100%) specified elsewhere in this agreement, immediately following its preliminary processing and quality control checks and prior to its final processing. Early Access imagery will become available in CONNECT Explorer incrementally as it is processed and it will remain available until final, fully processed imagery is made available through other means. This offering requires an active Pictometry CONNECT account and the current purchase of access to an imagery product. Applicable Terms and Conditions: Online Services General Terms and Conditions 1 Pictometry Connect - CA - Pictometry Connect - CA - 50 (Custom Access) provides $2,200.00 $0.00 $0.00 50 up to 50 concurrent authorized users the ability to login (100%) and access the Pictometry-hosted custom imagery libraries specified elsewhere in this Agreement via a web - based, server -based or desktop integration. The default deployment is through web -based Pictometry Connect. Term commences on date of activation. The quantity represents the number of years in the Connect term. Applicable Terms and Conditions: Online Services General Terms and Conditions;Software License Agreement 260 Reveal Orthomosaic - This product represents a single orthomosaic, combining $0.00 $0.00 Combined tiles of multiple resolutions with the best -available resolution preferred Applicable Terms and Conditions: Delivered Content Terms and Conditions of Use 1 RapidAccess - Disaster RapidAccess - Disaster Response Program is an $0.00 $0.00 Response Program emergency response program offering flights after an emergency or disaster. Refer to the attached detailed description of the Disaster Response Program. Applicable Terms and Conditions: Order Form SUBTOTAL — FIRST PROJECT $47,180.00 SECOND PROJECT QTY PRODUCT NAME PRODUCT DESCRIPTION LIST PRICE DISCOUNT AMOUNT PRICE 945 Reveal Essentials+ Provides ortho and oblique imagery at a Neighborhood $160.00 $144.00 $136,080.00 Neighborhood level. (10%— Long Deliverables include measurable oblique and ortho Term Incentive imagery at neighborhood resolutions. Color balanced Discount) orthomosaie imagery is generated by a fully automated photogrammetric process and delivered digitally in various formats with the associated metadata. Page 17 of 36 Kodiak Island Borough — C16413995 6 85' of 115 2/4/21 Assembly RM 54 AGENDA ITEM #9.a. THIRD PROJECT QTY Applicable Terms and Conditions: Delivered Content PRODUCT DESCRIPTION LIST PRICE DISCOUNT PRICE AMOUNT 433 Terms and Conditions of Use Provides ortho and oblique imagery at a Neighborhood $160.00 $144.00 1 Pictometry Connect - Pictometry Connect - EarlyAccess provides authorized $10,000.00 $0.00 $0.00 EarlyAccess users the ability to login and access the imagery, as Deliverables include measurable oblique and ortho (100%) Term Incentive specified elsewhere in this agreement, immediately imagery at neighborhood resolutions. Color balanced Discount) following its preliminary processing and quality control orthomosaic imagery is generated by a fully automated checks and prior to its final processing. Early Access photogrammetric process and delivered digitally in imagery will become available in CONNECT Explorer various formats with the associated metadata. incrementally as it is processed and it will remain Applicable Terms and Conditions: Delivered Content available until final, fully processed imagery is made Terms and Conditions of Use 1 available through other means. This offering requires an Pictometry Connect - EarlyAccess provides authorized $10,000.00 $0.00 $0.00 active Pictometry CONNECT account and the current users the ability to login and access the imagery, as (100%) purchase of access to an imagery product. specified elsewhere in this agreement, immediately Applicable Terms and Conditions: Online Services following its preliminary processing and quality control General Terns and Conditions checks and prior to its final processing. Early Access 1 Pictometry Connect - CA - Pictometry Connect - CA - 50 (Custom Access) provides $2,200.00 $0.00 $0.00 50 up to 50 concurrent authorized users the ability to login incrementally as it is processed and it will remain (100%) and access the Pictometry-hosted custom imagery available until final, fully processed imagery is made libraries specified elsewhere in this Agreement via a web - available through other means. This offering requires an based, server -based or desktop integration. The default active Pictometry CONNECT account and the current deployment is through web -based Pictometry Connect. purchase of access to an imagery product. Term commences on date of activation. The quantity Applicable Terms and Conditions: Online Services represents the number of years in the Connect term. General Terns and Conditions 1 Applicable Terms and Conditions: Online Services Pictometry Connect - CA - 50 (Custom Access) provides $2,200.00 $0.00 $0.00 General Terms and Conditions;Software License up to 50 concurrent authorized users the ability to login (100%) Agreement and access the Pictometry-hosted custom imagery 1 RapidAccess - Disaster RapidAccess - Disaster Response Program is an $0.00 $0.00 Response Program emergency response program offering flights after an based, server -based or desktop integration. The default emergency or disaster. Refer to the attached detailed deployment is through web -based Pictometry Connect. description of the Disaster Response Program. Term commences on date of activation. The quantity Applicable Terms and Conditions: Order Form represents the number of years in the Connect term. SUBTOTAL —SECOND PROJECT $136,080.00 THIRD PROJECT QTY PRODUCT NAME PRODUCT DESCRIPTION LIST PRICE DISCOUNT PRICE AMOUNT 433 Reveal Essentials+ Provides ortho and oblique imagery at a Neighborhood $160.00 $144.00 $62,352.00 Neighborhood level. (10% — Long Deliverables include measurable oblique and ortho Term Incentive imagery at neighborhood resolutions. Color balanced Discount) orthomosaic imagery is generated by a fully automated photogrammetric process and delivered digitally in various formats with the associated metadata. Applicable Terms and Conditions: Delivered Content Terms and Conditions of Use 1 Pictometry Connect - Pictometry Connect - EarlyAccess provides authorized $10,000.00 $0.00 $0.00 EarlyAccess users the ability to login and access the imagery, as (100%) specified elsewhere in this agreement, immediately following its preliminary processing and quality control checks and prior to its final processing. Early Access imagery will become available in CONNECT Explorer incrementally as it is processed and it will remain available until final, fully processed imagery is made available through other means. This offering requires an active Pictometry CONNECT account and the current purchase of access to an imagery product. Applicable Terms and Conditions: Online Services General Terns and Conditions 1 Pictometry Connect - CA - Pictometry Connect - CA - 50 (Custom Access) provides $2,200.00 $0.00 $0.00 50 up to 50 concurrent authorized users the ability to login (100%) and access the Pictometry-hosted custom imagery libraries specified elsewhere in this Agreement via a web - based, server -based or desktop integration. The default deployment is through web -based Pictometry Connect. Term commences on date of activation. The quantity represents the number of years in the Connect term. Applicable Terms and Conditions: Online Services General Terms and Conditions;Software License Agreement 1 RapidAccess - Disaster RapidAccess - Disaster Response Program is an $0.00 $0.00 Response Program emergency response program offering flights after an emergency or disaster. Refer to the attached detailed description of the Disaster Response Program. Applicable Terms and Conditions: Order Form SUBTOTAL — THIRD PROJECT $62,352.00 Page 18 of 36 Kodiak Island Borough — C16413995 OMP Of 115 2/4/21 Assembly RM 55 AGENDA ITEM #9.a. FOURTH PROJECT QTY PRODUCT NAME PRODUCT DESCRIPTION LIST PRICE DISCOUNT PRICE AMOUNT 260 Reveal Essentials+ Provides ortho and oblique imagery at a Neighborhood $160.00 $144.00 $37,440.00 620 Neighborhood level. $160.00 (10%— Long $89,280.00 Neighborhood Deliverables include measurable oblique and ortho Term Incentive imagery at neighborhood resolutions. Color balanced Discount) orthomosaic imagery is generated by a fully automated Discount) photogrammetric process and delivered digitally in various formats with the associated metadata. Applicable Terms and Conditions: Delivered Content Terms and Conditions of Use 1 Survey - Ground Control Survey of Ground Control Points (GCPs) performed by $8,000.00 $8,000.00 Points - non-specific appropriately licensed surveyor. Applicable Terms and Conditions: Order Form 29 Reveal TrueTouch TrueTouch is the application of visual improvements to $30.00 $870.00 Neighborhood customers' orthomosaic imagery Applicable Terms and Conditions: Delivered Content Terms and Conditions of Use 29 Reveal Certified Ortho Certified Ortho upgrades an Essentials orthomosaic to an $30.00 $870.00 Neighborhood authoritative orthomosaic produced in accordance with state and local requirements Applicable Terms and Conditions: Delivered Content Terms and Conditions of Use 1 RapidAccess - Disaster RapidAccess - Disaster Response Program is an $0.00 $0.00 Response Program emergency response program offering flights after an emergency or disaster. Refer to the attached detailed description of the Disaster Response Program. Applicable Terms and Conditions: Order Form 260 Reveal Orthomosaic - This product represents a single orthomosaic, combining $0.00 $0.00 Combined tiles of multiple resolutions with the best -available resolution preferred Applicable Terms and Conditions: Delivered Content Terms and Conditions of Use 1 Pictometry Connect - CA - Pictometry Connect - CA - 50 (Custom Access) provides $2,200.00 $0.00 $0.00 50 up to 50 concurrent authorized users the ability to login (100%) and access the Pictometry-hosted custom imagery libraries specified elsewhere in this Agreement via a web - based, server -based or desktop integration. The default deployment is through web -based Pictometry Connect. Term commences on date of activation. The quantity represents the number of years in the Connect term. Applicable Terms and Conditions: Online Services General Terns and Conditions;Software License Agreement 1 Pictometry Connect - Pictometry Connect - EarlyAccess provides authorized $10,000.00 $0.00 $0.00 EarlyAccess users the ability to login and access the imagery, as (100%) specified elsewhere in this agreement, immediately following its preliminary processing and quality control checks and prior to its final processing. Early Access imagery will become available in CONNECT Explorer incrementally as it is processed and it will remain available until final, fully processed imagery is made available through other means. This offering requires an active Pictometry CONNECT account and the current purchase of access to an imagery product. Applicable Terms and Conditions: Online Services General Terms and Conditions SUBTOTAL — FOURTH PROJECT $47,180.00 FIFTH PROJECT QTY PRODUCT NAME PRODUCT DESCRIPTION LIST PRICE DISCOUNT AMOUNT PRICE 620 Reveal Essentials+ Provides ortho and oblique imagery at a Neighborhood $160.00 $144.00 $89,280.00 Neighborhood level. (10% — Long Deliverables include measurable oblique and ortho Term Incentive imagery at neighborhood resolutions. Color balanced Discount) orthomosaic imagery is generated by a fully automated photogrammetric process and delivered digitally in various formats with the associated metadata. Applicable Terms and Conditions: Delivered Content Terms and Conditions of Use Page 19 of 36 Kodiak Island Borough — C16413995 6tVof 115 2/4/21 Assembly RM 56 AGENDA ITEM #9.a. 1 Pictometry Connect - Pictometry Connect - EarlyAccess provides authorized $10,000.00 $0.00 $0.00 AMOUNT EarlyAccess users the ability to login and access the imagery, as Provides ortho and oblique imagery at a Neighborhood (100%) $144.00 $123,984.00 specified elsewhere in this agreement, immediately level. (10%— Long following its preliminary processing and quality control Deliverables include measurable oblique and ortho Term Incentive checks and prior to its final processing. Early Access imagery at neighborhood resolutions. Color balanced Discount) imagery will become available in CONNECT Explorer orthomosaic imagery is generated by a fully automated incrementally as it is processed and it will remain photogrammetric process and delivered digitally in available until final, fully processed imagery is made various formats with the associated metadata. available through other means. This offering requires an Applicable Terms and Conditions: Delivered Content active Pictometry CONNECT account and the current Terms and Conditions of Use 1 purchase of access to an imagery product. RapidAccess - Disaster Response Program is an $0.00 $0.00 Applicable Terms and Conditions: Online Services emergency response program offering flights after an General Terms and Conditions emergency or disaster. Refer to the attached detailed 1 Pictometry Connect - CA - Pictometry Connect - CA - 50 (Custom Access) provides $2,200.00 $0.00 $0.00 50 up to 50 concurrent authorized users the ability to login Applicable Terms and Conditions: Order Form (100%) 1 and access the Pictometry-hosted custom imagery Pictometry Connect - CA - 50 (Custom Access) provides $2,200.00 $0.00 $0.00 libraries specified elsewhere in this Agreement via a web - up to 50 concurrent authorized users the ability to login (100%) based, server -based or desktop integration. The default and access the Pictometry-hosted custom imagery deployment is through web -based Pictometry Connect. libraries specified elsewhere in this Agreement via a web - Term commences on date of activation. The quantity based, server -based or desktop integration. The default represents the number of years in the Connect term. deployment is through web -based Pictometry Connect. Applicable Terms and Conditions: Online Services Term commences on date of activation. The quantity General Terns and Conditions;Software License represents the number of years in the Connect term. Agreement Applicable Terms and Conditions: Online Services 1 RapidAccess - Disaster RapidAccess - Disaster Response Program is an $0.00 $0.00 Response Program emergency response program offering flights after an Agreement 1 emergency or disaster. Refer to the attached detailed Pictometry Connect - EarlyAccess provides authorized $10,000.00 $0.00 $0.00 description of the Disaster Response Program. users the ability to login and access the imagery, as (100%) A licable Terns and Conditions: Order Form specified elsewhere in this agreement, immediately SUBTOTAL —FIFTH PROJECT $89,280.00 SIXTH PROJECT QTY PRODUCT NAME PRODUCT DESCRIPTION LIST PRICE DISCOUNT PRICE AMOUNT 861 Reveal Essentials+ Provides ortho and oblique imagery at a Neighborhood $160.00 $144.00 $123,984.00 Neighborhood level. (10%— Long Deliverables include measurable oblique and ortho Term Incentive imagery at neighborhood resolutions. Color balanced Discount) orthomosaic imagery is generated by a fully automated photogrammetric process and delivered digitally in various formats with the associated metadata. Applicable Terms and Conditions: Delivered Content Terms and Conditions of Use 1 RapidAccess - Disaster RapidAccess - Disaster Response Program is an $0.00 $0.00 Response Program emergency response program offering flights after an emergency or disaster. Refer to the attached detailed description of the Disaster Response Program. Applicable Terms and Conditions: Order Form 1 Pictometry Connect - CA - Pictometry Connect - CA - 50 (Custom Access) provides $2,200.00 $0.00 $0.00 50 up to 50 concurrent authorized users the ability to login (100%) and access the Pictometry-hosted custom imagery libraries specified elsewhere in this Agreement via a web - based, server -based or desktop integration. The default deployment is through web -based Pictometry Connect. Term commences on date of activation. The quantity represents the number of years in the Connect term. Applicable Terms and Conditions: Online Services General Terms and Conditions;Software License Agreement 1 Pictometry Connect - Pictometry Connect - EarlyAccess provides authorized $10,000.00 $0.00 $0.00 EarlyAccess users the ability to login and access the imagery, as (100%) specified elsewhere in this agreement, immediately following its preliminary processing and quality control checks and prior to its final processing. Early Access imagery will become available in CONNECT Explorer incrementally as it is processed and it will remain available until final, fully processed imagery is made available through other means. This offering requires an active Pictometry CONNECT account and the current purchase of access to an imagery product. Applicable Terms and Conditions: Online Services General Terms and Conditions SUBTOTAL —SIXTH PROJECT $123,984.00 Page 20 of 36 Kodiak Island Borough — C16413995 6 88' of 115 2/4/21 Assembly RM 57 AGENDA ITEM #9.a. Thank you for choosing Pictometry as your service provider. TOTAL $506,056.00 'Amount per product = ((1 -Discount %) * Qty * List Price) FEES; PAYMENT TERMS All amounts due to Pictometry pursuant to this Agreement ("Fees") are expressed in United States dollars and do not include any duties, taxes (including, without limitation, any sales, use, ad valorem or withholding, value added or other taxes) or handling fees, all of which are in addition to the amounts shown above and, to the extent applicable to purchases by Customer, shall be paid by Customer to Pictometry without reducing any amount owed to Pictometry unless documents satisfactory to Pictometry evidencing exemption from such taxes is provided to Pictometry prior to billing. To the extent any amounts properly invoiced pursuant to this Agreement are not paid within thirty (30) days following the invoice due date, such unpaid amounts shall accrue. FIRST PROJECT Due at Initial Shipment of Imagery $47,180.00 Total Payments $47,180.00 SECOND PROJECT Leaf Off: Less than 30% leaf cover Due at Initial Shipment of Imagery $136,080.00 Total Payments $136,080.00 THIRD PROJECT Leaf Off: Less than 30% leaf cover Due at Initial Shipment of Imagery $62,352.00 Total Payments $62,352.00 FOURTH PROJECT Due at Initial Shipment of Imagery $47,180.00 Total Payments $47,180.00 FIFTH PROJECT Due at Initial Shipment of Imagery $89,280.00 Total Payments $89,280.00 SIXTH PROJECT Due at Initial Shipment of Imagery $123,984.00 Total Payments $123,984.00 PRODUCT PARAMETERS Reveal Essentials+ Neighborhood FIRST PROJECT Leaf Off: Less than 30% leaf cover IMAGERY Product: Reveal Essentials+ Neighborhood Leaf: Leaf Off: Less than 30% leaf cover CONNECT tstorey@kodiakak.us Product: Pictometry Connect - CA - 50 Admin User Name: Tom Storey Admin User Email: tstorey@kodiakak.us Geofence: AK Kodiak Island SECOND PROJECT IMAGERY Product: Reveal Essentials+ Neighborhood Leaf: Leaf Off: Less than 30% leaf cover CONNECT Product: Pictometry Connect - CA - 50 Admin User Name: Tom Storey Admin User Email: tstorey@kodiakak.us Geofence: AK Kodiak Island THIRD PROJECT IMAGERY Product: Reveal Essentials+ Neighborhood Page 21 of 36 Kodiak Island Borough — C16413995 6'89of 115 2/4/21 Assembly RM 58 AGENDA ITEM #9.a. Leaf: Leaf Off: Less than 30% leaf cover CONNECT Product: Pictometry Connect - CA - 50 Admin User Name: Tom Storey Admin User Email: tstorey@kodiakak.us Geofence: AK Kodiak Island FOURTH PROJECT IMAGERY Product: Reveal Essentials+ Neighborhood Leaf. Leaf Off: Less than 30% leaf cover CONNECT Product: Pictometry Connect - CA - 50 Admin User Name: Tom Storey Admin User Email: tstorey@kodiakak.us Geofence: AK Kodiak Island FIFTH PROJECT IMAGERY Product: Reveal Essentials+ Neighborhood Leaf: Leaf Off: Less than 30% leaf cover CONNECT Product: Pictometry Connect - CA - 50 Admin User Name: Tom Storey Admin User Email: tstorey@kodiakak.us Geofence: AK Kodiak Island SIXTH PROJECT IMAGERY Product: Reveal Essentials+ Neighborhood Leaf: Leaf Off: Less than 30% leaf cover CONNECT Product: Pictometry Connect - CA - 50 Admin User Name: Tom Storey Admin User Email: tstorey@kodiakak.us Geofence: AK Kodiak Island STANDARD ORTHO MOSAIC PRODUCTS Pictometry standard ortho mosaic products are produced through automated mosaicking processes that incorporate digital elevation data with individual Pictometry ortho frames to create large -area mosaics on an extremely cost-effective basis. Because these products are produced through automated processes, rather than more expensive manual review and hand -touched corrective processes, there may be inherent artifacts in some of the resulting mosaics. While Pictometry works to minimize such artifacts, the Pictometry standard ortho mosaic products are provided on an 'AS IS' basis with respect to visible cutlines along mosaic seams resulting from the following types of artifacts: i. Disconnects in non -elevated surfaces generally caused by inaccurate elevation data; ii. Disconnects in elevated surfaces (e.g., roadways, bridges, etc.) generally caused by elevated surfaces not being represented in the elevation data; iii. Building intersect and clipping generally caused by buildings not being represented in the elevation data; iv. Seasonal variations caused by images taken at different times during a season, or during different seasons; V. Ground illumination variations caused by images taken under different illumination (e.g., sunny, high overcast, morning light, afternoon light, etc.) within one flight day or during different flight days; vi. Single GSD color variations caused by illumination differences or multiple-aircraft/camera captures; vii. Mixed GSD color variations caused by adjacent areas being flown at different ground sample distances (GSDs); and viii. Water body color variations caused by multiple individual frames being used to create a mosaic across a body of water (e.g., lakes, ponds, rivers, etc.). Other Pictometry products may be available that are less prone to such artifacts than the Pictometry standard ortho mosaic products. RapidAccess—Disaster Response Program ("DRP") Customer is eligible for DRP described below from the Effective Date through the second anniversary of the initial Project delivery. Following payment to Pictometry of amounts due with respect to each subsequent Project, Customer will be eligible for the then -current DRP for a period of two years from delivery of such subsequent Project. Customer must be in good -standing with Pictometry to maintain eligibility for DRP. A. Disaster Coverage Imagery at No Additional Charge — Pictometry will, upon request of Customer and at no additional charge, provide standard quality imagery of up to 200 square miles of affected areas (as determined by Pictometry) upon the occurrence of any of the following events during any period Customer is eligible for DRP: Page 22 of 36 Kodiak Island Borough — C16413995 6190'of 115 2/4/21 Assembly RM 59 AGENDA ITEM #9.a. - Hurricane: areas affected by hurricanes of Category 2 and higher. - Tornado: areas affected by tornados rated EF4 and higher. - Terrorist: areas affected by damage from terrorist attack. Earthquake: areas affected by damage to critical infrastructure resulting from earthquakes measured at 6.0 or higher on the Richter scale. - Tsunami: areas affected by damage to critical infrastructure resulting from tsunamis. B. Discounted Rate — Coverage for areas affected by the events set forth above exceeding 200 square miles will be, subject to Pictometry resource availability, offered to Customer at the then current DRP rates. Also, coverage for areas affected by hurricanes below Category Il, tornadoes below EF4 or earthquakes rated below 6.0 on the Richter scale will be, subject to Pictometry resource availability, offered to Customer at the then current DRP rates. C. Online Services — Use of Pictometry Connect ExplorerTM — Pictometry's DRP includes the use of Connect Explorer for a term of ninety days from the date of delivery of the DRP imagery. Customer shall have access to the DRP imagery for as long as they maintain an active Connect account. Essentials+ Neighborhood deliverables Product Essentials+ Neighborhood Orthomosaic Specifications • Typical Positional Horizontal Accuracy: 1m at a 95% confidence level • Fully automated photogrammetric orthomosaic. Imagery may contain seamlines • Project -wide color and contrast balancing Oblique Imagery Nominal 6in GSD oblique imagery or better: • Where available fully automated photogrammetric mosaiced imagery. Imagery may contain seamlines Metadata and Reporting Metadata: • Metadata generated that meets FGDC Standards upon request • Shapefile(s) with discrete deliverable boundaries and directional metadata Orthomosaic Deliverable Resolution: Format (Online) • Nominal 6in GSD Access Methods: • Available via web -based viewer (Connect) - Contracted separately • Also available via WMS/WMTS (Image Service) - Contracted separately Orthomosaic Deliverable Resolution: Format (Physical) 0 Nominal 6in GSD Projection/Coordinate System: • Customer Selectable Datum: • Customer Selectable File Format: • Mosaic Tiles o Available as JPEG, GeoTIFF, JPEG2000, PNG, ECW, MrSID (All versions) with world file o Includes separate Pictometry Map Image (PMI) trailer file • Project -Wide Mosaic o Available in ECW, MrSID (All versions) format Oblique Imagery Deliverable Access methods: Format 0 Available via web -based viewer (Connect) - Contracted separately Delivery Timeline • Best efforts to make ortho and oblique imagery available online and/or ready for physical delivery within 30 days of capture completion Essentials Add-on - Certified Ortho products Related to Essentials Essentials+ Advanced Page 23 of 36 Kodiak Island Borough — C16413995 6199 90f 115 2/4/21 Assembly RM 60 AGENDA ITEM #9.a. Product Description Certified Ortho upgrades an Essentials orthomosaic to an authoritative orthomosaic produced in accordance with state and local requirements Product Eligibility 0Reveal Certified Ortho can only be purchased in conjunction with a related product Product Description type Product Eligibility • Reveal Certified Ortho is only applicable to Reveal orthomosaic imagery Orthomosaic Accuracy Absolute Horizontal Accuracy: Content Specifications • Produced to meet ASPRS Horizontal Accuracy Standards of <-3 px RMSEx,y • Optional 2 px RMSEx,y (where available) ASPRS Accuracy https://www.asprs.org/a/society/committees/standards/Positional Accuracy Standards. df Standards Metadata and Reporting Reporting • FGDC Compliant metadata • Project report in accordance with state and local requirements Optional Reporting* 0 Signed & Sealed Produced to Accuracy Statement • Signed & Sealed Tested to Accuracy Statement o Requires Independent Accuracy Assessment to ASPRS Standards Product Delivery Timeline Best efforts to ensure orthomosaic and related reports will be made available online and ready for physical delivery within 60 — 90 days of data collected, depending on size * Available upon request. May require purchase of additional products Essentials Add-on - TrueTouch Products Related to Essentials Essentials+ Advanced Product Description TrueTouch is the application of visual improvements to customers' orthomosaic imagery Product Eligibility Can only be purchased with appropriate Reveal product rueTouch is only applicable to customer RGB and CIR orthomosaic imagery Content Specifications Seam Artifacts • There will be no obvious seam edges between two adjacent orthophotos • Orthomosaic will have edits to eliminate feature misalignment caused by seamlines which pass through features above the elevation surface including roads. Feature alignment across seamlines will be 3px or better. o Exceptions may include residential buildings and industrial complexes Building and Bridge Lean • Correction of bridges • Correction of major buildings obstructing roadways o Exceptions may include residential buildings and industrial complexes Delivery Timeline 0 Imagery will be made available online and/or ready for physical delivery within 120 days of completion of capture Page 24 of 36 Kodiak Island Borough — C16413995 61919 of 115 2/4/21 Assembly RM 61 MAPS: FIRST AND FOURTH PROJECTS: l eagleview- AGENDA ITEM #9.a. Kodiak Island Borough, AK Page 25 of 36 mEssentials+ Neighborhood w.rfrue Touch and Certified Ortho - 29 Sq. Miles =Essentials+ Neighborhood -260 Sq. Miles Kodiak Island Borough — C16413995 619V Of 115 2/4/21 Assembly RM 62 SECOND PROJECT: e l evict - L . AGENDA ITEM #9.a. Kodiak Island Borough, Alt Essentials+ Neighborhood - 945 5q. Miles Page 26 of 36 Kodiak Island Borough — C16413995 6'9* 0f 115 2/4/21 Assembly RM 63 o _ _ is is ci 20 Miles Essentials+ Neighborhood - 945 5q. Miles Page 26 of 36 Kodiak Island Borough — C16413995 6'9* 0f 115 2/4/21 Assembly RM 63 THIRD PROJECT: e leIeTM AGENDA ITEM #9.a. Kodiak Island Borough, AK Page 27 of 36 IIIIIIIIIIIIIIIEssentials+ Neighborhood -433 5q. Miles Kodiak Island Borough—C16413995 619VOf 115 2/4/21 Assembly RM 64 0 1.75 a5 7 10.5 14 17.5 Mils Page 27 of 36 IIIIIIIIIIIIIIIEssentials+ Neighborhood -433 5q. Miles Kodiak Island Borough—C16413995 619VOf 115 2/4/21 Assembly RM 64 AGENDA ITEM #9.a. FIFTH PROJECT: Page 28 of 36 Kodiak Island Borough — C16413995 6199 of 115 2/4/21 Assembly RM 65 SIXTH PROJECT: -� eagleview- K—ai NaYP-kA..,J Fres AGENDA ITEM #9.a. Kodiak Island Borough, AK 0 2.25 s is.:' is P.M.: 0 ouu oou■ oou■ ■ Doul oou■■� oou■ oouu oou■ Essentials+Neighborhood -861 5q. Miles Page 29 of 36 Kodiak Island Borough — C16413995 619VOf 115 2/4/21 Assembly RM 66 AGENDA ITEM #9.a. EXHIBIT E CONTRACTOR'S LICENSE TERMS PICTOMETRY DELIVERED CONTENT TERMS AND CONDITIONS OF USE These Pictometry Delivered Content Terms and Conditions of Use (the "Delivered Content Terms and Conditions"), in combination with the corresponding Agreement into which these terms are incorporated, collectively set forth the terms and conditions that govern use of Delivered Content (as hereinafter defined) for use within computing environments operated by parties other than Pictometry. As used in the Delivered Content Terms and Conditions the terms "you" and "your" in uppercase or lowercase shall mean the Customer that entered into the Agreement into which the Delivered Content Terms and Conditions are incorporated. 1. DEFINITIONS 1.1 "Authorized Subdivision" means, if you are a county or a non -state consortium of counties, any political unit or subdivision located totally or substantially within your boundaries that you authorize to have access to Delivered Content pursuant to the Delivered Content Terms and Conditions. 1.2 "Authorized System" means a workstation or server that meets each of the following criteria (i) it is owned or leased by you or an Authorized Subdivision, (ii) it is located within and only accessible from facilities that are owned or leased by you or an Authorized Subdivision, and (iii) it is under the control of and may only be used by you or Authorized Subdivisions. 1.3 "Authorized User" means any employee of you or Authorized Subdivisions that is authorized by you to have access to the Delivered Content through an Authorized System. 1.4 "Delivered Content" means the images, metadata, data layers, models, reports and other geographic or structural visualizations or embodiments included in, provided with, or derived from the information delivered to you by or on behalf of Pictometry pursuant to the Agreement. 1.5 "Project Participant" means any employee or contractor of persons or entities performing services for compensation for you or an Authorized Subdivision that has been identified by written notice to Pictometry prior to being granted access to Delivered Content and, unless Pictometry expressly waives such requirement for any individual, has entered into a written agreement with Pictometry authorizing such access. 2. GRANT OF RIGHTS; RESTRICTIONS ON USE; OWNERSHIP 2.1 Subject to the terms and conditions of the Agreement, you are granted nonexclusive, nontransferable, limited rights to: (a) install the Delivered Content on Authorized Systems; (b) permit access and use of the Delivered Content through Authorized Systems by: (i) Authorized Users for performance of public responsibilities of you or Authorized Subdivisions that are to be performed entirely within facilities of you or Authorized Subdivisions; (ii) Project Participants under the supervision of Authorized Users for performance of tasks or preparation of materials using only hard copies (or jpg copies) of Delivered Content solely for fulfilling public responsibilities of you or Authorized Subdivisions to be performed entirely within facilities of you or Authorized Subdivisions; and (iii) individual members of the public, but only through Authorized Users and solely for the purpose of making hard copies or jpg copies of images of individual properties or structures (but not bulk orders of multiple properties or structures) to the individual members of the public requesting them. 2.2 You may not reproduce, distribute or make derivative works based upon the Delivered Content in any medium, except as expressly permitted in the Delivered Content Terms and Conditions. 2.3 You may not offer any part of the Delivered Content for commercial resale or commercial redistribution in any medium. 2.4 You may not distribute or otherwise make available any Delivered Content to Google or its affiliates, either directly or indirectly. 2.5 You may not exploit the goodwill of Pictometry, including its trademarks, service marks, or logos, without the express written consent of Pictometry. 2.6 You may not remove, alter or obscure copyright notices or other notices contained in the Delivered Content. 2.7 All right, title, and interest (including all copyrights, trademarks and other intellectual property rights) in Delivered Content in all media belong to Pictometry or its third party suppliers. Neither you nor any users of the Delivered Content acquire any proprietary interest in the Delivered Content, or any copies thereof, except the limited use rights granted herein. 3. OBLIGATIONS OF CUSTOMER 3.1 Geographic Data. If available, you agree to provide to Pictometry geographic data in industry standard format (e.g., shape, DBF) including, but not limited to, digital elevation models, street centerline maps, tax parcel maps and centroids, which data, to the extent practicable, shall be incorporated into the Delivered Content. You agree that any of this data that is owned by you may be distributed and modified by Pictometry as part of its products and services, provided that at no time shall Pictometry claim ownership of that data. You retain all rights to Your data which is maintained separate from the Delivered Content and to use Your data for other purposes. 3.2 Notification. You shall (a) notify Pictometry in writing of any claims or proceedings involving any of the Delivered Content within ten (10) days after you learn of the claim or proceeding, and (b) report promptly to Pictometry all claimed or suspected defects in Delivered Content. 3.3 Authorized User Compliance. You shall at all times be responsible for compliance by each Authorized User with the Delivered Content Terms and Conditions. 3.4 Authorized Subdivision Compliance. You shall at all times be responsible for compliance by each Authorized Subdivision with the Delivered Content Terms and Conditions. 3.5 Project Participants. Each notice to Pictometry identifying a potential Project Participant shall include a detailed description of the scope and nature of the Project Participants' planned work and the intended use of the Delivered Content in such work. Pictometry retains the right to restrict or revoke access to Delivered Content by any Project Participant who does not comply with the terms of the Delivered Content Terms and Conditions. 4. LICENSE DURATION; EFFECT OF TERMINATION 4.1 Term. The license granted to you in the Delivered Content Terms and Conditions is perpetual, subject to Pictometry's right to terminate the license in the Page 30 of 36 Kodiak Island Borough — C16413995 6]969Of 115 2/4/21 Assembly RM 67 AGENDA ITEM #9.a. event you do not pay in full the Fees specified elsewhere in the Agreement, the Agreement is terminated for any reason other than a breach of the Agreement by Pictometry, or as otherwise provided in the Agreement. 4.2 Effect of Termination. Upon termination of the license granted to you in the Delivered Content Terms and Conditions, you shall immediately cease all use of the Delivered Content, promptly purge all copies of the Delivered Content from all workstations and servers on which any of it may be stored or available at the time, and return hard drive/media containing Delivered Content to Pictometry. 5. TRADEMARKS; CONFIDENTIALITY 5.1 Use of Pictometry's Marks. You agree not to attach any additional trademarks, trade names, logos or designations to any Delivered Content or to any copies of any Delivered Content without prior written approval from Pictometry. You may, however, include an appropriate government seal and your contact information so long as the seal and contact information in no way obscure or deface the Pictometry marks. You further agree that you will not use any Pictometry trademark, trade name, logo, or designation in connection with any product or service other than the Delivered Content. Your nonexclusive right to use Pictometry's trademarks, trade name, logos, and designations are coterminous with the license granted to you in the Delivered Content Terms. 5.2 Confidentiality of Delivered Content. The Delivered Content consists of commercially valuable, proprietary products owned by Pictometry, the design and development of which reflect an investment of considerable time, effort, and money. The Delivered Content is treated by Pictometry as confidential and contains substantial trade secrets of Pictometry. You agree that you will not disclose, provide a copy of, or disseminate the Delivered Content (other than as expressly permitted in the Delivered Content Terms and Conditions) or any part thereof to any person in any manner or for any purpose inconsistent with the license granted to you in the Delivered Content Terms and Conditions. You agree to use your best efforts to assure that your personnel, and any others afforded access to the Delivered Content, protect the Delivered Content against unauthorized use, disclosure, copying, and dissemination, and that access to the Delivered Content and each part thereof will be strictly limited. 6. LIMITED WARRANTY; DISCLAIMER OF WARRANTIES 6.1 Limited Warranties; Exclusive Remedy. Pictometry warrants that the Delivered Content will contain true and usable copies of the designated imagery as of the date of capture. As the sole and exclusive remedy for any breach of the foregoing warranty, Pictometry shall use reasonable efforts to correct any deficiency that precludes use of the Delivered Content in the manner intended. 6.2 Disclaimer of Other Warranties. Except as provided in Section 6. 1, above, THE DELIVERED CONTENT IS PROVIDED TO YOU "AS IS" AND "WITH ALL FAULTS." PICTOMETRY MAKES NO OTHER WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ACCURACY, ARE HEREBY DISCLAIMED AND EXCLUDED BY PICTOMETRY. 6.3 Limitation of Liability. With respect to any other claims that you may have or assert against Pictometry on any matter relating to the Delivered Content, the total liability of Pictometry shall, in the aggregate, be limited to the aggregate amount received by Pictometry in payment for Delivered Content during the immediately preceding twenty-four (24) month period. 7. MISCELLANEOUS PROVISIONS 7.1 Restricted Rights. Delivered Content acquired with United States Government funds or intended for use within or for any United States federal agency is provided with "Restricted Rights" as defined in DFARS 252.227-7013, Rights in Technical Data and Computer Software and FAR 52.227-14, Rights in Data - General, including Alternate III, as applicable. 7.2 Governing Law. This License Agreement shall be governed by and interpreted in accordance with the laws of the State of New York, excluding its conflicts of law principles. [END OF DELIVERED CONTENT TERMS AND CONDITIONS] Page 31 of 36 Kodiak Island Borough — C16413995 619VOf 115 2/4/21 Assembly RM 68 AGENDA ITEM #9.a. PICTOMETRY ONLINE SERVICES GENERAL TERMS AND CONDITIONS These Pictometry Online Services General Terms and Conditions (the "General Terms and Conditions"), in combination with the corresponding Pictometry order form, if any, collectively constitute the license agreement (the "License Agreement") that governs your use of the Pictometry online services (the "Online Services"), the images available in the Online Services, and all associated metadata and data layers included in, provided with, or derived from those images (the "Licensed Content") provided by Pictometry International Corp. and its affiliated companies (collectively, "Pictometry"). The terms "you" and "your" in uppercase or lowercase shall mean the individual, entity (e.g., corporation, limited liability company, partnership, sole proprietor, etc.) or government agency entering into the License Agreement. 1. GRANT OF RIGHTS; RESTRICTIONS ON USE; OWNERSHIP 1.1 You are granted a nonexclusive, nontransferable, limited right to access and use the Online Services and the Licensed Content obtained or derived from the Online Services solely for your internal business purposes and not for resale or redistribution. The rights granted to you include, subject to the restrictions set forth below and on the Order Form, the right to copy limited portions of the Licensed Content onto your computer to facilitate preparation of hardcopies and work product records, and the right to make hardcopies of the Licensed Content, provided that the Licensed Content and the permitted copies thereof may not be sold, leased, loaned, distributed, or copied for use by anyone other than you. 1.2 You may not make the Online Services available to any other party. 1.3 You may not copy the Licensed Content or portions thereof onto any computer or storage device or media for the purpose of creating or maintaining one or more databases of that content for use in substitution for subsequent access to the content through the Online Services. 1.4 You may not distribute or otherwise make available any Licensed Content to Google or its affiliates, either directly or indirectly. 1.5 You may not exploit the goodwill of Pictometry, including its trademarks, service marks, or logos, without the express written consent of Pictometry. 1.6 You may not remove, alter or obscure copyright notices or other notices contained in the Licensed Content. 1.7 You may not offer any part of the Online Services or the Licensed Content for commercial resale or commercial redistribution in any medium. 1.8 You may not use the Online Services or the Licensed Content to compete with any businesses of Pictometry. 1.9 You may not use information included in the Online Services or the Licensed Content to determine an individual consumer's eligibility for (a) credit or insurance for personal, family, or household purposes; (b) employment; or (c) a government license or benefit. The term "consumer" is defined in the United States Fair Credit Reporting Act at 15 USC § 1681. 1.10 You may not access the Online Services via mechanical, programmatic, robotic, scripted or any other automated means. Unless otherwise agreed by Pictometry in writing, use of the Online Services is permitted only via manually conducted, discrete, human -initiated individual search and retrieval activities. 1.11 All right, title, and interest (including all copyrights, trademarks and other intellectual property rights) in the Online Services and the Licensed Content in all media belong to Pictometry or its third party suppliers. Neither you nor any users of the Online Services or the Licensed Content acquire any proprietary interest in the Online Services, the Licensed Content, or any copies thereof, except the limited use rights granted herein. 2. ACCESS TO SERVICES 2.1 Only you, your employees, and temporary or contract employees dedicated to performing work exclusively for you (each, an "Eligible User" and collectively, the "Eligible Users") are eligible to access and use the Online Services and the Licensed Content pursuant to the License Agreement. Each Eligible User to be provided access to the Online Service shall be assigned a unique login/password ("Pictometry Credential") for purposes of accessing the Online Services. You agree that each Pictometry Credential shall only be used by the Eligible User to whom it was originally assigned and that Pictometry Credentials may not be shared with, or used by, any other person, including other Eligible Users. You will promptly deactivate an Eligible User's Pictometry Credential in the event the Eligible User no longer meets the eligibility requirements or you otherwise wish to terminate the Eligible User's access to the Online Services. You are responsible for all use of the Online Services accessed with Pictometry Credentials issued to your Eligible Users, including associated charges, whether by Eligible Users or others. You will use reasonable commercial efforts to prevent unauthorized use of Pictometry Credentials assigned to your Eligible Users and will promptly deactivate any Pictometry Credentials you suspect are lost, stolen, compromised, or misused. 2.2 The Online Services, the Licensed Content, and features and functionality within the Online Services may be enhanced, added to, withdrawn, or otherwise changed by Pictometry without notice. 2.3 You are aware and understand that any user data collected or stored by the Online Services may be accessed by US law enforcement agencies under the US PATRIOT Act. You hereby release, and agree to hold Pictometry harmless from, all claims against Pictometry with respect to such access. 3. DISCLAIMERS 3.1 The Online Services and the Licensed Content are provided for visualization purposes only, are not authoritative or definitive, and do not constitute professional engineering or surveying services. 3.2 The Online Services and the Licensed Content are not to be relied upon to precisely locate or determine property boundaries and should not be used in lieu of a professional survey where the accuracy of measurements, distance, height, angle, area and volume, may have significant consequences. 3.3 All measurements and reports generated by the Online Services or from the Licensed Content are based upon second order visualization and measurement data that do not provide authoritative or definitive measurement results suitable for professional engineering or surveying purposes. 3.4 Contour information obtained from the Online Services or contained in the Licensed Content is generated from undersampled elevation data, is provided for informational purposes only, and is not suitable for use as the basis for hydrographic computations, estimations or analyses. 3.5 While the Online Services and the Licensed Content may be considered useful supplements for life critical applications, they are not designed or maintained to support such applications and Pictometry and its third party suppliers of the Online Services and the Licensed Content hereby disclaim all liability for damages claims and expenses arising from such use. 3.6 Your reliance on the Online Services and the Licensed Content should only be undertaken after an independent review of their accuracy, completeness, efficacy, timeliness and adequacy for your intended purpose. 3.7 Pictometry and each third party supplier of any portion of the Online Services or the Licensed Content assume no responsibility for any consequences resulting from the use of the Online Services or the Licensed Content. 3.8 Pictometry and each third party supplier of any portion of the Online Services or the Licensed Content hereby disclaim all liability for damages, claims and expenses arising from or in any way related to the accuracy or availability of the Online Services and the Licensed Content. 3.9 By accepting these General Terms and Conditions or by using the Online Services or the Licensed Content, you waive any and all rights you may have against Pictometry, each third party supplier of any portion of the Online Services or the Licensed Content, and each of their directors, officers, members and employees, arising out of use of or reliance upon the Online Services or the Licensed Content. 4. LIMITED WARRANTY Page 32 of 36 Kodiak Island Borough — C1641399PANI o f 1 1 5 2/4/21 Assembly RM 69 AGENDA ITEM #9.a. 4.1 Pictometry represents and warrants that it has the right and authority to make the Online Services and the Licensed Content available to you and your Eligible Users as authorized expressly by this License Agreement. 4.2 EXCEPT AS OTHERWISE PROVIDED IN SECTION 4.1, THE ONLINE SERVICES AND LICENSED CONTENT ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND PICTOMETRY AND EACH THIRD PARTY SUPPLIER OF LICENSED CONTENT EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 5. LIMITATION OF LIABILITY 5.1 No Covered Parry (as defined below) shall be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Online Services or the Licensed Content, (b) the unavailability or interruption of the Online Services or any features thereof or the Licensed Content, (c) your or an Eligible User's use of the Online Services or the Licensed Content, (d) the loss or corruption of any data or equipment in connection with the Online Services or the Licensed Content, (e) the content, accuracy, or completeness of the Licensed Content, all regardless of whether you received assistance in the use of the Online Service from a Covered Party, (f) any delay or failure in performance beyond the reasonable control of a Covered Party, or (g) any content retrieved from the Internet even if retrieved or linked to from within the Online Services. 5.2 "Covered Party" means (a) Pictometry and any officer, director, employee, subcontractor, agent, successor, or assign of Pictometry; and (b) each third party supplier of any Licensed Content, third party alliance entity, their affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any third party supplier of any Licensed Content or third party alliance entity and their affiliates. 5.3 TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE ONLINE SERVICES OR THE LICENSED CONTENT OR THIS LICENSE AGREEMENT EXCEED THE LESSER OF YOUR ACTUAL DIRECT DAMAGES OR THE AMOUNT YOU PAID FOR THE ONLINE SERVICES IN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY. 5.4 TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER YOU NOR THE COVERED PARTIES WILL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE ONLINE SERVICES, THE LICENSED CONTENT, OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO A PARTY'S INDEMNITY OBLIGATIONS OR YOUR (AND YOUR ELIGIBLE USERS') INFRINGEMENT OF INTELLECTUAL PROPERTY OR MISAPPROPRIATION OF PROPRIETARY DATA BELONGING TO PICTOMETRY OR ITS THIRD PARTY SUPPLIERS. 5.5 Notwithstanding anything to the contrary in this Section 5: (a) If there is a breach of the warranty in Section 4.1 above, then Pictometry, at its option and expense, shall either defend or settle any action and hold you harmless against proceedings or damages of any kind or description based on a third party's claim of patent, trademark, service mark, copyright or trade secret infringement related to use of the Online Services or the Licensed Content, asserted against you by such third party provided: (i) all use of the Online Services and the Licensed Content was in accordance with this License Agreement; (ii) the claim, cause of action or infringement was not caused by you modifying or combining the Online Services or the Licensed Content with or into other products, applications, images or data not approved by Pictometry; (iii) you give Pictometry prompt notice of such claim; and (iv) you give Pictometry the right to control and direct the investigation, defense and settlement of such claim. You, at Pictometry's expense, shall reasonably cooperate with Pictometry in connection with the foregoing. (b) In addition to Section 5.5(a), if the Online Services, the operation thereof or the Licensed Content become, or in the opinion of Pictometry are likely to become, the subject of a claim of infringement, Pictometry may, at its option and expense, either: (i) procure for you the right to continue using the Online Services or the Licensed Content, (ii) replace or modify the Online Services or the Licensed Content so that they become non -infringing; or (iii) terminate the License Agreement on notice to you and grant you a pro -rata refund or credit (whichever is applicable) for any pre -paid fees or fixed charges. (c) The provisions of Sections 5.5(a) and (b) shall constitute your sole and exclusive remedy for the respective matters specified therein. 6. MISCELLANEOUS 6.1 The terms and conditions of this License Agreement may be changed from time to time immediately upon notice to you. If any changes are made to this License Agreement, such changes will: (a) only be applied prospectively; and (b) not be specifically directed against you or your Eligible Users but will apply to all similarly situated Pictometry customers using the Online Services. You may terminate this License Agreement upon written notice to Pictometry if any change to the terms and conditions of this License Agreement is unacceptable to you. For termination to be effective under this Section 6.1, written notice of termination must be provided to Pictometry within 90 days of the effective date of the change. Continued use of the Online Services following the effective date of any change constitutes acceptance of the change, but does not affect the foregoing termination right. Except as provided above, this License Agreement may not be supplemented, modified or otherwise revised unless signed by duly authorized representatives of both parties. Furthermore, this License Agreement may not be supplemented, modified or otherwise revised by email exchange, even if the email contains a printed name or signature line bearing signature -like font. The foregoing does not prohibit the execution of electronic contracts bearing electronic signatures of authorized representatives of both parties, provided such signatures include digital certifications or are otherwise authenticated. 6.2 hi the event of a breach of this License Agreement by you, any Eligible User or someone using the Pictometry Credential of an Eligible User, Pictometry may temporarily suspend or discontinue providing access to the Online Services to any or all Eligible Users without notice and Pictometry may pursue any other legal remedies available to it. 6.3 All notices and other communications hereunder shall be in writing or displayed electronically in the Online Services by Pictometry. Notices shall be deemed to have been properly given on the date deposited in the mail, if mailed; on the date first made available, if displayed in the Online Services; or on the date received, if delivered in any other manner. Legal notices to Pictometry should be sent to Pictometry, Attn: General Counsel, 25 Methodist Hill Drive, Rochester, New York 14623. 6.4 The failure of you, Pictometry, or any third party supplier of the Online Services or any Licensed Content to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time. 6.5 Neither you nor any Eligible User may assign or otherwise transfer your rights or delegate your duties under this License Agreement without the prior written consent of Pictometry. Any attempt by you or any Eligible User to assign, transfer or delegate your rights or obligations under this License Agreement without Pictometry's consent shall be void, and shall also void the limited license granted to you by this License Agreement. This License Agreement and any amendment thereto shall be binding on, and will inure to the benefit of the parties and their respective successors and permitted assigns. 6.6 This License Agreement shall be governed by and interpreted in accordance with the laws of the State of New York, excluding its conflicts of law principles. Unless you are a government entity, in the event that any legal proceedings are commenced with respect to any matter arising under this License Agreement, the parties specifically consent and agree that the courts of the State of New York or, in the alternative, the Federal Courts located in the State of New York shall have exclusive jurisdiction over each of the parties and over the subject matter of any such proceedings, and that the venue of any such action shall be in Monroe County, New York or the U.S. District Court for the Western District of New York, as applicable. Page 33 of 36 Kodiak Island Borough — C1641399PAW411D]POf 115 2/4/21 Assembly RM 70 AGENDA ITEM #9.a. 6.7 This License Agreement will be enforced to the fullest extent permitted by applicable law. If any provision of this License Agreement is held to be invalid or unenforceable to any extent, then (a) such provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent and (b) such invalidity or unenforceability will not affect any other provision of this License Agreement. 6.8 Where applicable, each affiliated company of Pictometry and each third party supplier of the Online Services or any Licensed Content has the right to assert and enforce the provisions of this License Agreement directly on its own behalf as a third party beneficiary. 6.9 hi the event of a breach of your obligations under this License Agreement or your payment obligations with respect to access to the Online Services or the Licensed Content, you agree to pay all of Pictometry's costs of enforcement and collection, including court costs and reasonable attorneys' fees. 6.10 This License Agreement constitutes the entire agreement of the parties with respect to its subject matter and replaces and supersedes any prior written or verbal communications, representations, proposals or quotations relating to that subject matter. [END OF ONLINE SERVICES GENERAL TERMS AND CONDITIONS] Page 34 of 36 Kodiak Island Borough — C1641399PANIbL8O f 1 1 5 2/4/21 Assembly RM 71 AGENDA ITEM #9.a. PICTOMETRY SOFTWARE LICENSE AGREEMENT PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THE SOFTWARE. BY USING THE SOFTWARE, YOU AGREE TO THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE. GENERAL. The software ("Pictometry Software") and any written materials that accompany the software ("Documentation") in any media or form are licensed, not sold, to you by Pictometry International Corp. ("Pictometry") for use only under the terms of this License. Pictometry reserves all rights not expressly granted to you in this License. LICENSE. Subject to the terms and conditions of this License, you are granted a limited, non -transferable, terminable, non- sublicenseable, non-exclusive license to install and use the Pictometry Software and the Documentation (collectively, the "Proprietary Materials") solely for internal use. Use of the fimctionality provided by the Pictometry Software other than for your internal use is prohibited, except with the prior written approval of Pictometry. You may make one copy of the Pictometry Software in machine- readable form for backup purposes only; provided that the backup copy must include all copyright and other proprietary notices contained in the original. You will not and will not enable others to decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, create derivative works of, or tamper with or disable any security or monitoring features within the Pictometry Software. Any attempt to do so is a violation of the rights of Pictometry and its licensors. TITLE. The Proprietary Materials are confidential information of, trade secrets of, and are proprietary to Pictometry. Title to the Proprietary Materials is and will remain in Pictometry and its licensors. All applicable rights to patents, copyrights, trademarks, trade secrets, and other intellectual property rights in the Proprietary Materials are and will remain in Pictometry and its licensors. You will not assert any right, title or interest in the Proprietary Materials provided to you under this License, except for the express license granted to you hereunder. You will not remove any copyright or other proprietary notice or legend contained on or included in any Proprietary Materials and you will reproduce all such information on all copies made hereunder. You will keep the Proprietary Materials free of all claims, liens and encumbrances. 4. DISCLAIMERS OF WARRANTY. USE OF THE PICTOMETRY SOFTWARE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PICTOMETRY SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND PICTOMETRY HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE PICTOMETRY SOFTWARE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. PICTOMETRY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OR PROVIDED BY THE PICTOMETRY SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PICTOMETRY SOFTWARE WILL BE UNINTERRUPTED OR ERROR -FREE, OR THAT DEFECTS IN THE PROPRIETARY MATERIALS WILL BE CORRECTED. LIMITATION OF LIABILITY. IN NO EVENT WILL PICTOMETRY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE PICTOMETRY SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), EVEN IF PICTOMETRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PICTOMETRY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) CAUSED BY, ARISING OUT OF OR IN ANY WAY RELATED TO THE PICTOMETRY SOFTWARE EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 6. TERMINATION. This License will terminate automatically without notice from Pictometry if you fail to comply with any term of this License. Upon the termination of this License, you will cease all use of the Pictometry Software and destroy all copies, full or partial, of the Proprietary Materials. 7. MISCELLANEOUS PROVISIONS. A. Restricted Rights. Pictometry Software acquired with United States Government funds or intended for use within or for any United States federal agency is provided with "Restricted Rights" as defined in DFARS 252.227-7013, Rights in Technical Data and Computer Software and FAR 52.227-14, Rights in Data -General, including Alternate III, as applicable. Pictometry must be notified in advance of any license grants to United States federal governmental entities. The Pictometry Software is developed for general use in a variety of applications and is not developed or intended for use in any inherently dangerous applications or applications that could lead to property damage, personal injury or death. If you use the Pictometry Software in such applications, then you will be responsible for taking all appropriate fail-safe, backup, redundancy, and other measures to ensure the safe use of the Pictometry Software in such applications, including but not limited to, in any nuclear, aviation, mass transit, public safety or medical applications. B. Foreign Trade Restrictions. The parties acknowledge that certain information, software technology, accompanying documentation and technical information may be subject to United States export control laws. You will not directly or indirectly export or re-export the Pictometry Software in violation of the Export Administration Regulations of the U.S. Department of Commerce. 2/4/21 Assembly RM Page 103 of 115 72 AGENDA ITEM #9.a. C. Governing Law. This License will be governed by and interpreted in accordance with the laws of the State of Alaska, excluding its conflict of laws principles. D. Assignment You may not assign this License without Pictometry's prior written consent. Any assignment in violation of this License will be null, void and of no force and effect. For all purposes under this License, any merger, consolidation, spin-off, acquisition or change -in -control will be deemed an assignment. E. Partial Invalidity; Survival. If any provision of this License is held invalid or unenforceable by competent authority, that provision will be construed so as to be limited or reduced to be enforceable to the maximum extent compatible with the law as it will then appear. The total invalidity or unenforceability of any particular provision of this License will not affect its other provisions and this License will be construed in all respects as if the invalid or unenforceable provision were omitted. The provisions of this License that by their nature would survive its termination will survive indefinitely. F. Force Majeure. Neither party will be liable for any costs or damages due to nonperformance under this License arising out of any cause not within the reasonable control of such party and without its fault or negligence. Neither party will be liable for any delay or failure in the performance of its obligations under this License that directly results from any failure of the other party to perform its obligations as set forth in this License. G. Waiver. No waiver of a breach of any term of this License will be effective unless in writing and duly executed by the waiving party. No such waiver will constitute a waiver of any subsequent breach of the same or any other term of this License. No failure on the part of a party to exercise, and no delay in exercising any of its rights hereunder will operate as a waiver thereof, nor will any single or partial exercise by a parry of any right preclude any other or future exercise thereof or the exercise of any other right. No course of dealing between the parties will be deemed effective to modify, amend or discharge any part of this License or the rights or obligations of any party hereunder. H. Entire Agreement; Construction. This License contains the entire understanding of the parties with respect to the subject matter hereof and supersedes any prior or contemporaneous understandings regarding that subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Pictometry. There are no representations, warranties, or obligations of any party not expressly contained herein. The headings in this License are for convenience only. They do not constitute a portion of this License and will not be used in any construction of it. [END OF SOFTWARE LICENSE AGREEMENT] Page 36 of 36 Kodiak Island Borough �13M4?(9f'It-19 2/4/21 Assembly RM 73 AGENDA ITEM #9.a. �\SLA1Vo e 0 �� S G G) dQ Z ALASKA Request for Proposal (RFP) for ORTHOIMAGERY Kodiak Island Borough Issued on September 16, 2020 Proposals due: October 26, 2020 4:30 p.m. Kodiak Local Time Proposals must be delivered to the Borough Cashier's Office: US Mail: ATTN: Cashier — Room 104 RE: KIB IMAGERY RFP RESPONSE Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Or Email: To Brandi Wagner: bwagner@kodiakak.us Subject: KIB IMAGERY RFP RESPONSE Statement of Intent to Propose should be emailed to: tstorey@kodiakak.us by October 5, 2020. Questions regarding RFP should be emailed to: tstorey@kodiakak.us by September 28, 2020. 2/4/21 Assembly RM Page 105 of 115 74 AGENDA ITEM #9.a. Contents 1. Introduction..........................................................................................................................................3 1.1 Overview/Objective...................................................................................................................... 3 1.2 About the Kodiak Island Borough.................................................................................................3 2. Scope of Services................................................................................................................................... 3 2.1 Scope of work................................................................................................................................ 3 2.2 Contract Deliverables....................................................................................................................6 2.2.1 Acquisition planning and updates................................................................................................6 2.2.2 Orthoimagery...............................................................................................................................6 2.2.3 Alternative Products and/or Services (If applicable)...................................................................6 2.2.4 Control.........................................................................................................................................6 2.2.5 Metadata......................................................................................................................................6 2.3 Proposed collection schedule.......................................................................................................6 2.4 Considerations.............................................................................................................................. 7 Imagery................................................................................................................................................. 7 Coordinatesystem................................................................................................................................7 Software................................................................................................................................................ 7 3. Instructions to Proposers......................................................................................................................7 3.1 RFP Schedule.................................................................................................................................7 3.2 Required Elements........................................................................................................................7 3.2.1 Statement of Intent to Propose...................................................................................................7 3.2.2 Proposal.......................................................................................................................................8 3.2.3 Imagery, Metadata, and alternative and/or additional product Samples.................................10 3.4 Questions..........................................................................................................................................10 4. Evaluation and Selection Process.......................................................................................................10 5. Evaluation and Selection Criteria........................................................................................................11 6. Protest Period.........................................................................................................................................11 APPENDIX A: DRAFT CONTRACT.................................................................................................................12 KIB Imagery RFP, Page 2 2/4/21 Assembly RM Page 106 of 115 75 AGENDA ITEM #9.a. 1. Introduction 1.1 Overview/Objective The Kodiak Island Borough is requesting proposals from qualified companies to provide aerial imagery products and services to the Borough. The Borough intends to select one company to be the sole source provider of imagery for the next six years. The primary purpose of the imagery in the past has been to help Borough staff identify buildings and accurately measure them. The Borough would like to utilize imagery for this purpose but, additionally, make the imagery available for public and staff consumption via online products, including ESRI's ArGIS platform. Borough staff would also like to use the imagery for numerous disparate uses including heads up digitization of vector data, change detection, etc. Since the start of its imagery acquisition program in 2013, the Borough has acquired 4 -band imagery (Red, Green, Blue, Near Infrared) products for use in its ArcGIS Desktop and ArcGIS Online environments. Since this time, the Borough has recognized advantages and disadvantages of imagery, how the imagery can be utilized, and the importance of ongoing collection of imagery for field work preparation, pseudo -ground truthing, change detection, etc. The Borough will entertain proposals from imagery providers that can meet existing imagery product specifications and/or offer alternative products that can meet the Borough's needs and help the Borough achieve its goals using cost effective data and methods. Proposals recommending additional or alternative products must provide sufficient detail of the product, the product's uses, and explain how the product meets Borough needs. 1.2 About the Kodiak Island Borough The Kodiak Island Borough encompasses the Kodiak Archipelago and a portion of the Alaska Peninsula. The topography varies from rugged mountains and deep valleys to gently sloping terrain. Alpine tundra covers the ridges and much of the lower elevations are covered in thick vegetation: spruce, alder and salmonberry. The City of Kodiak is the Borough's most populated and developed area. The City of Kodiak is part of the road system. Additional population centers on the road system include the formal and informal communities of Bells Flats / Womens Bay, Kalsin Bay, Chiniak and Pasagshak. Remote communities of Akhiok, Karluk, Larsen Bay, Old Harbor, Ouzinkie, Port Lions are remote communities accessible by boat and plane only. The climate of Kodiak Island is characterized by moderately heavy precipitation and cool temperatures with frequent high clouds, fog, and high winds. Kodiak can experience extreme fluctuations in weather conditions from one hour to the next and from one part of the island to another. 2. Scope of Services 2.1 Scope of work The general scope of work includes planning, collecting, processing, and delivering a color -balanced, georeferenced, and orthorectified imagery product and/or alternatives to the Borough for the next six years. KIB Imagery RFP, Page 3 2/4/21 Assembly RM Page 107 of 115 76 AGENDA ITEM #9.a. Two different minimum spatial resolutions are requested: high-resolution (6 in) and medium resolution (1.5 ft). The general areas and the desired minimum resolutions are depicted in Figure 1: Collection Areas. KIB Imagery RFP, Page 4 2/4/21 Assembly RM Page 108 of 115 77 AGENDA ITEM #9.a. Kodiak Island Borough Imagery Collection Areas Collection Areas Remote Area 1, Northwest Kodiak Remote Area 2, Afognak Remote Area 3, Southeast Kodiak Remote Area 4, Southwest Kodiak Road System, Road System Q High -Resolution (6") 1 Old Harbor rz 'rte _ / c> a;,. Lions Z' 0 Figure 1: Collection Areas Collection area shapefile can be downloaded from: http://data-kiborough.opendata.arcgis.com/datasets/kib-collectionareas-aksp5nad83 2/4/21 Assembly RM 78 KIB Imagery RFP, Page 5 Page 109 of 115 R E S O L U T I O N Collection Area Medium High Remote 1 447 sq. mi. 173 sq. mi. Remote 2 724 sq. mi. 137 sq. mi. s° Remote 3 928 sq. mi. 17 sq. mi. Remote 4 244 sq. mi. 189 sq, mi. Road System n/a 260 sq. mi. Figure 1: Collection Areas Collection area shapefile can be downloaded from: http://data-kiborough.opendata.arcgis.com/datasets/kib-collectionareas-aksp5nad83 2/4/21 Assembly RM 78 KIB Imagery RFP, Page 5 Page 109 of 115 AGENDA ITEM #9.a. 2.2 Contract Deliverables 2.2.1 Acquisition planning and updates Prior to each acquisition, the collection area will be reviewed and modified as needed. Areas may be larger or smaller than areas presented in Figure 1 of this RFP. Imagery providers shall communicate acquisition and delivery schedules with the Borough and, if applicable, make interim products available to the Borough. 2.2.2 Orthoimagery All imagery must be color -corrected, georeferenced, orthorectified, have a minimum spectral resolution of three -bands (R,G,B), have a minimum spatial resolution of 6 inches in high resolution collection areas, and have a minimum spatial resolution of 1.5 feet in medium resolution collection areas. 2.2.3 Alternative Products and/or Services (If applicable) Additional and/or alternative products or services that will help Borough staff view and accurately measure buildings and building features and/or provide the Borough and taxpayers with added value is encouraged. The products and/or services must allow users the ability to view GIS data and the orthoimagery concurrently. The products and/or services should integrate into ESRI's ArcGIS platform and/or be standalone products/services. 2.2.4 Control Horizontal and vertical control information for aerial acquisition products must be provided. 2.2.5 Metadata Metadata in FGDC or Esri compliant format must accompany imagery deliverable. All metadata will include contact info, acquisition date, platform used, a statement regarding horizontal and vertical control, and an accuracy statement. 2.3 Proposed collection schedule The proposed schedule for imagery acquisition is provided in in Table 2. Y1 Y2 Y3 Y4 Y5 Y6 Area 2021 2022 2023 2024 2025 2026 Remote 1: Northwest Kodiak x Remote 2: Afognak x Remote 3: Southeast Kodiak x Remote 4: Southwest Kodiak x Road System x x Table 2: Proposed collection schedule The Borough would prefer imagery acquisition to occur in the spring, after the snow melt, before the vegetation leafs out and with minimal shadows. The goal is to collect imagery that makes it easy to identify and delineate buildings and other structures. Final products should be delivered on or before December 1 of each collection year. KIB Imagery RFP, Page 6 2/4/21 Assembly RM Page 110 of 115 79 AGENDA ITEM #9.a. 2.4 Considerations Imagery The Borough is requesting that the imagery be snow -free, cloud -free and vegetation -free with minimal shadows. Coordinate system The Borough uses two projected coordinate systems: NAD 1983 Alaska State Plane Zone 5 (WKID:102635, Esri) and WGS 1984 Web Mercator (WKID:3857, EPSG). Software The Borough uses ArcGIS Desktop to view, process, and publish imagery data. Currently, the Borough is running ArcGIS 10.x. The Borough also publishes data to ArcGIS Online for use in web applications. Furthermore, there is the possibility that the Borough may have the ability to manage and serve imagery in the future using enterprise solutions and for the Borough to create web applications using the JavaScript API. 3. Instructions to Proposers This section outlines the RFP Schedule and proposal requirements. Please note, if you are offering alternative products and/or services, please provide as much information as possible to assist the Borough in determining whether the alternative will meet the Borough's needs. 3.1 RFP Schedule Anticipated RFP schedule is provided in Table 1. Event Date RFP Issued September 16, 2020 Question deadline September 28, 2020 Statement of Intent to Propose due October 5, 2020 Addendum released, if necessary October 14, 2020 Proposals due October 26, 2020 4:30 p.m. Kodiak Local Time Bid Opening October 27, 2020 Notice of Intent to Award November 2, 2020 Protest Period November 2 — November 16, 2020 Borough Assembly vote December 3, 2020 Contract Awarded December 4, 2020 Table 1: RFP Schedule 3.2 Required Elements 3.2.1 Statement of Intent to Propose Those intending to submit a proposal are required to submit a Statement of Intent to Propose via email. The Statement of Intent to Propose should include the following information: 1. Contact information a. Company name b. Point of contact KIB Imagery RFP, Page 7 2/4/21 Assembly RM Page 111 of 115 80 AGENDA ITEM #9.a. c. Mailing address d. Email address e. Telephone number 2. The statement of intent to propose should include a brief summary of the product and/or services you are offering to the Borough 3. The statement of intent to propose should include a submission preference — U.S. Mail or Email 4. A component of the proposal package is to include samples of the product(s) being offered. Please indicate if you would like to upload those samples directly to the Borough. A secure location will be provided to those that indicate they would like to exercise this option. Please include emails of the individuals that should have this access so that a secure login can be set up. 3.2.2 Proposal The proposal packet should not exceed 15 pages, exclusive of the cover letter and attachments. Alternate and/or additional products may be added as attachments. Proposals must be submitted to the Cashier's Office via: US Mail: ATTN: Cashier — Room 104 RE: KIB IMAGERY RFP RESPONSE Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Or Email: To Brandi Wagner: bwagner@kodiakak.us Subject: KIB IMAGERY RFP RESPONSE The Kodiak Island Borough understands that services, products and pricing can change with time. The proposal should include current offerings and pricing, as well as predicted future offerings and pricing, if known. If unknown, the proposal should discuss how the company would manage these changes and communicate them with the Borough. The proposal should include: 1. Cover letter, signed by an authorized representative of the company, that includes: a. Proposer's commitment to provide the services as proposed 2. Company information, including: a. Company name, authorized representative (s), point of contact, address, telephone number and email address b. Company overview c. Company qualifications d. Key personnel overview; detailed qualifications can be provided as an attachment KIB Imagery RFP, Page 8 2/4/21 Assembly RM Page 112 of 115 81 AGENDA ITEM #9.a. e. Subcontractor overview, if applicable f. Resources and equipment g. At least two references; no more than four 3. Proposed product information; for all proposed products, including: a. Product specifications i. Satellite or aerial imagery ii. Spatial resolution iii. Spectral resolution iv. Control to be used for orthorectification v. Uses with ESRI Platform b. Product pricing for proposed products, including a breakout of costs associated with: i. Acquisition costs ii. Control collection costs, if applicable iii. Processing costs iv. Enhancement costs v. Total cost c. Alternative and/or additional products and pricing (if applicable) d. Product acquisition and delivery timeline based on proposed collection schedule and imagery considerations described in Section 2.4 of this RFP, indicate: i. What the recommended collection window is for staging and acquisition ii. What the turnaround time is from raw data acquisition to orthoimagery deliverable e. Provide product and metadata samples as an attachment i. Provide four contiguous tiles for each product offered that show land cover conditions like Kodiak, a built environment among dense vegetation ii. Provide metadata sample that would accompany sample tiles 4. Special considerations, for each product offered, indicate if there are any: a. Licensing and/or use restrictions b. Minimum collection area requirements 5. Project management, please include: a. Proposed plan of action b. Methods for ensuring data gets collected and delivered according to schedule and contingency measures. Please include discussion for contingencies in the event data cannot be collected during the preferred spring timeframe. c. Quality assurance and quality control measures d. Ability to adapt to change and offer new products if they become available or if existing products are no longer available 6. Conflict of interest, provide statement on: KIB Imagery RFP, Page 9 2/4/21 Assembly RM Page 113 of 115 82 AGENDA ITEM #9.a. a. Any real or potential conflicts of interest or that there are no conflicts of interest 7. Attachments a. Key personnel and subcontractor qualifications b. Imagery and metadata samples c. Alternative and/or additional product detail and sample (if applicable) i. What it is ii. How it meets Borough's needs iii. Sample 8. Duration a. Proposals must remain valid for at least 120 days from the deadline for receipt of proposals 9. Exceptions a. Proposals should include any exceptions or limitations to the proposed contract form suggested by the proposer, including any licensing or copyright related terms proposed by the proposer. 3.2.3 Imagery, Metadata, and alternative and/or additional product Samples Part of the proposal package includes the submission of imagery, metadata, and alternative and/or additional product samples. Please provide four contiguous tiles for each product being offered. Images should show land cover conditions similar to Kodiak, a built environment among dense vegetation. Include the metadata that corresponds to the sample tiles. These items can be uploaded to a secure location and/or other means that is mutually agreeable to the Borough and the proposer. 3.4 Questions Questions can be submitted to Thomas Storey at tstorev@kodiakak.us before the question deadline per the RFP Schedule. Questions will be responded to individually via email, with all questions and responses being released as an addendum as per the RFP Schedule. 4. Evaluation and Selection Process Proposals will be accepted until the submission deadline, as per the RFP Schedule. The proposals will be evaluated by a selection committee based on the criteria in Section 5 below. Following the evaluation process, a notice of intent to award will be sent to each proposer, notifying them of the recommended selection. A contract will be negotiated with the successful proposer and presented to the Borough Assembly for final approval. A sample contract is included in the RFP materials as Appendix A. Assembly consideration and approval is expected to follow the expiration of the protest period or, if protested, the final decision on any protest, detailed in section 6. Upon final approval by the assembly, a contract will be awarded to, and executed with, the winning proposer. Proposals from unsuccessful proposers will remain confidential until a contract is awarded by the Assembly. The proposal recommended for award, and the summary rating for that proposal, may be made available upon written request after the notice of intent to award has been issued. After a notice of intent to award has been made, a proposer may receive, via written request, the summary KIB Imagery RFP, Page 10 2/4/21 Assembly RM Page 114 of 115 83 AGENDA ITEM #9.a. rating for their proposal. Information identified in a proposal as confidential and/or proprietary will be redacted prior to the release of that proposal and will not be released. The Borough reserves the right to reject all proposals or to cancel the procurement at any time prior to execution of a final contract with the selected proposer. S. Evaluation and Selection Criteria The evaluation and selection criteria are as follows: Evaluation Criteria Possible Points 1. Proposed Products* 30 a. Spatial Resolution (18%) 5.4 b. Spectral Resolution (1o%) 3 c. Vertical/Horizontal Accuracy (1s/) 5.4 d. Image Visual Quality (18i) 5.4 e. Metadata, Metadata Completeness, Metadata Clarity, etc. (3%) 0.9 f. Ability of Product to Meet the Borough's Needs (33%) 9.9 2. Quality of Proposal* 5 a. RFP criteria sufficiently addressed (75i) 3.75 b. Quality in General (25%) 1.25 3. Price** 30 4. Vendor Capabilities* 25 a. Value Added Products, additional, or alternative products (25i) 6.25 b. Use with ESRI Platform (25%) 6.25 c. Temporal Resolution (25%) 6.25 d. Equipment, Hardware, Software (25%) 6.25 5. References* 10 TOTAL: 100 *Total points = Possible points x (category points awarded _ best product points in category) **Total points = Possible points x (lowest total price for product for contract period _ proposer total price for product for contract period) Submittal of a proposal authorizes the Borough to investigate, without limitation, the background and current performance of the proposing company and its staff. The Borough may interview vendors that demonstrate, through their proposal, that they can provide services requested in the RFP. Discovery of any material misstatement of fact may lead to disqualification of a proposal or to the cancellation of any resulting contract. 6. Protest Period A protest period of two weeks will begin upon the mailing of the intent to award letter. A protest may be made by delivery of a letter of protest to the Borough Manager's Office. Protests will only be accepted based on an alleged material error in process and must identify the alleged error with specificity. If/when a timely protest is received, an administrative review process will begin. The protestor can expect a final administrative decision by the Kodiak Island Borough Manager within 30 working days of the receipt of a protest. KIB Imagery RFP, Page 11 2/4/21 Assembly RM Page 115 of 115 84 KODIAK ISLAND BOROUGH Meeting Type: V�p��- �]C�SSto Date: � A-N� 2E� Z 02 Please PRINT your name legibly Please PRINT your name legibly Borough Assembly Work Session Attendance Date: Arndt - 2 OD-V-\ Dvorak — Kavanaugh - 20OYV'l Smith - SymmonsD XVI -�k r�pr� Turner (Williams VW