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HomeMy WebLinkAbout4.08 Aerial Photo Cost ShareG~~~ O~DU~~~L 19' ~.. _ _~' ,82 ~~~~~~/ STAFF REPORT CITY C L E R K DUBLIN CITY COUNCIL File # ^®~®-3^~] DATE: February 16, 2010 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJEC Approval of Professional Services Agreement with Geoterra, Inc. (dba 3DiWest) and Approval of Memorandum of Agreement Regarding Cost Sharing Services for Aerial Photography Prepared By: Tim Eisler, GIS Coordinator EXECUTIVE SUMMARY: The City is working jointly with the cities of Livermore and Pleasanton to acquire updated aerial photography that can be used in the City Geographic Information System (GIS). It is cost effective to partner with other agencies. The current aerial imagery used by the City was obtained in May 2005. The Cities of Livermore, Pleasanton, and Dublin have developed a Memorandum of Agreement to proportionally share the costs associated with an area-wide flight to be performed by 3DiWest. FINANCIAL IMPACT: The City of Dublin share of the contracted work is $40,869 and the combined project for all three cities is $191,322 for the entire project. The timing of the payments will occur in both Fiscal Year 2009/2010 as well as 2010/2011. The current year adopted Budget in Capital Improvement Project #930004 Geographic Information System is $30,000, which is adequate to fund current year expenditures. The Fiscal Year 2010/2011 budget will need to include the remaining costs plus any additional hard copy printing and images. RECOMMENDATION: Staff recommends that the City Council adopt the following Resolutions: 1. Resolution Authorizing the City Manager to Execute An Agreement with GeoTerra, Inc. (dba 3DiWest) for Aerial Orthophotography Services. 2. Resolution Approving A Memorandum of Agreement For Orthoimagery Acquisition Between the Cities of Dublin, Livermore, and Pleasanton. Reviewed By Administrative Services Dir. u Rev ewe By Assistant y Manager Page 1 of 2 ITEM NO. !I •~ ~, DESCRIPTION: Historically, the City of Dublin has contracted for aerial photography used within the Geographic Information System. This imagery goes beyond pictures as it includes a combination of data consisting of aerial photographs and surveyed ground control locations. The photo images are used by all Departments as well as in the preparation of reports and exhibits. The last flight acquired by the City was in May 2005 and new aerial images are needed to update and verify changes to existing Dublin mapping by using up-to-date, accurate geographic information. As in previous flights, City staff recognized the opportunity to share the aerial orthophotography costs with other agencies for the mutual benefit of all project partners. By developing a joint Request for Proposals (RFP) and flight plan, the agencies have the opportunity to acquire more data from a single flight with less cost for each partner. Staff from the Cities of Pleasanton, Livermore and Dublin, developed a RFP. In June 2009, the RFP was published and distributed to a number of aerial photography firms. Out of seven respondents, the review Team unanimously selected GeoTerra, Inc. (dba 3DiWest) based on the firm's experience performing similar flights and the complete and detailed proposal that was submitted. The three agencies agreed to request that each agency execute a Memorandum of Agreement which allows for the allocation of costs associated with services. Each agency will make payments directly to GeoTerra, Inc. (dba 3DiWest) for its proportionate share and this arrangement was agreeable to the Contractor. Attachment 1 is the proposed resolution approving the Agreement with GeoTerra, Inc. (dba 3DiWest) for aerial orthophotography services as described in Exhibit "A" -Scope of Services. The total project cost is not to exceed $191,322. The City of Dublin's share of the cost is not to exceed $40,869. The timeframe for completion of the project is estimated to be nine months. The aerial flight is expected to be scheduled in April -May 2010. Attachment 2 is a proposed resolution approving a Memorandum of Agreement between the Cities of Livermore, Pleasanton and Dublin (the agreement is included as Exhibit A), which divides the costs associated with GeoTerra, Inc. (dba 3DiWest) services proportionally, with each partner issuing payment directly to GeoTerra, Inc. (dba 3DiWest) for its share. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None ATTACHMENTS: 1. Resolution Authorizing the City Manager to Execute An Agreement with GeoTerra, Inc. (dba 3DiWest) for Aerial Orthophotography Services. 2. Resolution Approving A Memorandum of Agreement For Orthoimagery Acquisition Between the Cities of Dublin, Livermore, and Pleasanton. Page 2 of 2 i ~a~ RESOLUTION NO. xx -10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH GOTERRA INC. (dba 3DiWest) FOR AERIAL ORTHOPHOTOGRAPHY SERVICES WHEREAS, the City desires to obtain digital aerial orthophotography for use in the City's Geographical Information System (GIS); and WHEREAS, the project design and collection of digital aerial orthophotography requires specialized expertise; and WHEREAS, the City Staff worked cooperatively with the cities of Livermore and Pleasanton to develop a shared project that can be funded jointly by all three cities; and WHEREAS, a Request for Proposals was distributed to obtain proposals from several firms; and WHEREAS, staff representatives from the three cities reviewed the proposals and conducted interviews to select the recommended firm; and WHEREAS, Geoterra, Inc.(dba 3DiWest) was considered to have the skills necessary to complete the project and the fee was considered to be compwetitive. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby authorizes the City Manager to execute the agreement with GeoTerra, Inc.(dba 3DiWest) for aerial orthophotography services.(attached hereto as Exhibit A), in an amount not to exceed $40,869.00, for the Dublin share of the cost. BE IT FURTHER RESOLVED that in consultation with the City Attorney the City Manager may accept and execute a form of the agreement which includes amendments which do not materially change the intent and cost as described in the Staff Report presented February 16, 2010. PASSED, APPROVED AND ADOPTED this 16th day of February, 2010, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk z~~#4'8 ~~1y~lo ATTACHMENT ~~~ PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into this day of , 20,_,, by and between the City of Livermore, a municipal corporation of the State of California (City), City of Pleasanton, a municipal corporation of the State of California (Pleasanton), City of Dublin, a municipal corporation of the State of California (Dublin), hereafter referred to as "Partners," and GeoTerra, Inc. (dba "3Di West"), {hereinafter referred to as "Consultant"). RECITALS The Partners require the services of Consultant to provide aerial Orthaphotography services as described in the attached Scope of Services "Exhibit A." Consultant warrants it possesses the distinct professional skills, qualifications, experience, and facilities necessary to timely perform the services described in this Agreement. Consultant acknowledges City has relied upon said warranties to retain Consultant. AGREEMENT NOW, THEREFORE, Partners and Consultant hereby agree that the aforementioned recitals are true and correct and further agree as follows: 7. Retention as Consultant. Partners hereby retain Consultant, and Consultant hereby accepts such engagement, to perform the services described in Section 3 below and subject to the terms and conditions contained in this Agreement. 2. Relationship of Parties -Independent Contractors. The relationship of the parties shall be that of independent contractors. In no event shall Consultant, or its agents, representatives, employees, consultants, contractors or subcontractors be considered an officer. agent, servant or employee of Partners. Consultant shall be solely responsible for any workers compensation insurance, withholding taxes, unemployment insurance, and any other employer obligations associated with the performance of the services under this Agreement. . 3. Description of Services, Consultant shall provide professional aerial orthophotography services to provide updated aerial imagery of the region as more particularly set forth in Exhibit "A" attached hereto. 4. Consultant's Responsibilities. In the performance of services under this Agreement, Consultant shall: (a) Diligently perform all services required under this Agreement and continuously furnish the necessary personnel to complete such services in a timely manner; Professional Services Agreement Rev. 3/2007 Page i Exhibit A -Resolution (Authorizing Agreement With Geoterra Inc.) 3~a~ (b) Perform all services under this Agreement in a manner commensurate with industry, professional, and community standards; (c} At its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted; (d) Obtain and keep in effect during the term of this Agreement, at its sole cost and expense, all necessary licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of Consultant to practice its profession and to provide the services under this Agreement; (e) Be readily available to the Project Manager to answer any and all questions, inquiries and correspondence from Partners or interested persons referred to Consultant by the Project Manager related to the performance of the services under this Agreement; (f) Discuss and review all mafters related to the performance of services under this Agreement with the Project Manager in advance of all critical decision points in order to ensure the work proceeds in a manner consistent with Partner goals and policies; and, (g} Consultant shall keep and maintain records and invoices related to services provided under this Agreement for a minimum period of three (3) years from the date of final payment to Consultant, or for a longer period as may be required by law. Such records and invoices shall include, but not be limited to, financial records, time sheets, work progress reports, bills and project records. All such records and invoices shall be clearly identifiable, and organized in a reasonable manner. (1) Consultant shall make such records and invoices immediately available to Partners upon delivery of a written request to examine, audit, or copy such records and invoices. (2} Within three (3} business days of the delivery of a written notice by the Project Manager, Consultant shall prepare and submit a written report to Partners identifying the work in progress, charges incurred to date, and the anticipated cost of completion. (3) Consultant shall give Partners thirty (30) days written notice of its intent to destroy or otherwise dispose of the records and invoices to allow City an opportunity to take possession. 5, Compensation and Payment. (a) The total compensation payable by Partners to Consultant for services described in this Agreement SHALL NOT EXCEED the sum of $191,322.00 (hereinafter Professional Services Agreement Page 2 Rev. 3/2007 ~-~ a7 "not to exceed amount"), except for such extra services as may be authorized pursuant to Section 6 below. Compensation shall be earned as provided in Exhibit "A." (b) Partners shall pay Consultant no later than 30 days after City receives and verifies a written invoice from Consultant in a form satisfactory to the Project Manager. At a minimum, Consultant's invoice shall contain a description of the services performed and/or the specific task completed from Exhibit "A". Consultant shall not submit invoices to Partners more frequently than once a calendar month. (c) The compensation set #orth in this Agreement shall constitute the total compensation for all costs of the services provided by Consultant, including, but not limited to, direct costs of labor of employees engaged by Consultant, travel expenses, telephone charges, typing, duplication, computer time, and any and al! other costs, expenses, and charges incurred by Consultant, its agents and employees to provide the services described in this Agreement. 6. Extra Services, Consultant shall prov'sde, and Partners shall pay for, such extra services agreed to in writing by the parties that are not reasonably included within the services described in Section 3 above. The total cumulative compensation for all extra services under this Agreement shall not be more than 10% of the not to exceed amount. 7. Term. The term of this Agreement shall commence on , 20_ and shall terminate upon the earlier of the completion of the services or February 1, 2011, whichever occurs first. 8. Termination by City. Upon thirty (30) calendar days written notice to Consultant, Partners may terminate any portion or all of the services described in this Agreement. In the event of such termination, Consultant shall have the right and obligation to immediately assemble all work in progress for the purpose of winding up the terminated services. Ali compensation for actual work pertormed and charges outstanding at the time of termination shall be payable in accordance with Section 5(b) above. 9. No Assignment. No portion of this Agreement shall be assigned or subcontracted by Consultant without Partners' express written consent. The term "assignment" shall include any sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any genera! partner or party to a joint venture, which results in a change of control of Consultant. Control means fifty percent or more of the voting power, or twenty-five percent or more of the asse#s of the corporation, partnership or joint-venture. 10. Project Manager. Consultant's services under this Agreement shall be pertormed under the general direction of and coordination with Partners"'Project Manager,u Melinda Sunnarborg, or such person as the Partners may designate. 11. Ownership of Documents. Ali drawings, designs, data, photographs, reports and Professional Services Agreement Page 3 Rev. 3/2007 ~~i ~~ other documentation prepared or obtained by Consultant in the performance of the services contemplated by this Agreement shall be the property of Partners and shall be delivered to Partners upon demand. 12, Confidentiality. Consultant shall not disclose confidential or proprietary information or knowledge received directly or indirectly from Partners to anyone other than Consultant's employees necessary to perform the services described in this Agreement. This obligation shall survive termination and remain in full force and effect until the records kept and maintained pursuant to Section 4{g}(3} above, and any copies thereof, are destroyed or returned to Partners. 13. Hold Harmless and indemnity. Consultant agrees to defend, indemnify and hold Partners, their elected officials, officers, directors, employees, agents and designated volunteers harmless from and against any and all loss, liability, damage, including but not limited to reasonable attorney, consultant and expert fees and/or court costs, arising out of or in connection with this Agreement, except for the gross negligence and willful misconduct of Partners, their effected officials, officers, directors, employees, agents and designated volunteers. In addition to the above indemnification obligations, Consultant shall correct, at its own expense, all errors in the services provided. Should Consultant fail to make such correction in a timely manner, Partners shall make the correction and charge the cost thereof to Consultant. 14. insurance. For the duration of this agreement, Consultant shall procure and maintain, at its own cost, insurance in the amounts and under the terms set forth in Exhibit "B" attached hereto against claims #or injuries to persons or damages to property which may arise from or in connection with the performance of the work to provide the services described in this Agreement by Consultant, its agents, representatives, or employees. Consultant agrees to comply with any changes in the amounts and terms of such insurance as may be required from time to time by the Partners' Risk Managers, upon reasonable written notice. 15. Acceptance of Final Payment. Consultant's acceptance of final payment made under this Agreement, by negotiating Partners' checks or otherwise, shall release Partners from all claims and liabilities for compensation under this Agreement. 1S. Acceptance of Work. The approval, payment and/or acceptance of the work or services performed under Phis Agreement by Partners, shall not constitute or be deemed a release of the responsibility or liability of Consultant, its agents, employees, consultants, contractors, and/or subcontractors for the accuracy and competency of the services performed andlor information provided under this Agreement; nor shall such action be deemed an assumption of Consultant's responsibility or liability by Partners for any defect or error in Consultant's services. Professional Services Agreement page 4 Rev. 3/2007 ~~ ~~ 17. Waiver: Remedies. A party's failure to insist upon the strict performance of any provision of this Agreement by the other party ("breaching party"), irrespective of the length of time forwhich such failure continues, shall not constitute a waiver of the non-breaching party's right to demand strict compliance in the future. A waiver shall not be effective or binding unless made in writing by the non-breaching party, and may not be implied from any omissions by the non-breaching party. A written waiver shall not constitute a continuing waiver of any subsequent breach of the same or a different provision of this Agreement. All of the remedies permitted or available under this Agreement, or at law or in equity, shall be cumulative and alternative, and the invocation of any such right or remedy shall not constitute a waiver or elec#ion of remedies with respect to any other available right of remedy. 18. Notice. Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows: TO PARTNERS: Attention: Melinda Sunnarborg - GIS Specialist City Administration Building City of Livermore 1052 S. Livermore Avenue Livermore, California 94550 TO CONSULTANT: Attention: Bret Hazel/ -President 3Di West 3400 W. 11~' Avenue Eugene, Oregon 97402 Either party may change such address or contact person by written notice by registered mail to the other. 19. Conflict of Interest. Consultant is unaware of any Partner's employee or official that has a financial interest in Consultant's business. During the term of this Agreement and/or as a result of being awarded this Agreement, Consultant shall not offer, encourage, or accept any financial interest in Consultant's business by any Partners' employee or official. If any of the services described in this Agreement are to be paid by reimbursement from and through an agreement between Partners and a developer or a Partners' franchisee, Cansultant warrants that it has not pertormed any work for the identified developer or franchisee within the last 12 months, and shall not negotiate, offer or accept any contract or request to perform services for that developer or franchisee during the term of this Agreement. Professional Services Agreement Page 5 Rev. 3!2007 ~~a7 20. Economic Disclosure. Upon Partners' determination the servicesdescribed inthis Agreement involve making, or participation in making, decisions which may foreseeably have a material effect on a financial interest, Consultant and/or any of its employees identified by Partners shall prepare and file an Economic Disclosure Statement(s) consistent with Partners` local conflict of interest code and the Political Reform Act. 21. Construction of Lanauaae. The provisions ofthis Agreement have been arrived at through negotiation and each party had a full and fair opportunity to revise the provisions and have them reviewed by legal counsel. The parties agree that any ambigui#ies in construing or interpreting this Agreement shall not be resolved against either party as the drafting party. In the event of an inconsistency or conflict between the language of this Agreement and an attachment hereto, the language of this Agreement shall control. 22. Non-Exclusive Agreement. Partners reserve the right to engage other consultants in connection with the services described in this Agreement. 23. Entire Agreement. This Agreement, including the attachments hereto, supersede any other agreements, either oral or written, between the parties with respect to the described services, and this Agreement contains all of the covenants and agreements between the parties with respect to said services. Any modification to this Agreement must be in writing and signed by both parties. 24. Partial Invalidity. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. Professional Services Agreement Page 6 Rev. 312007 ~ ~a-, In concurrence and witness whereof, and in recognition of the mutual consideration provided therefore, the parties have caused this Agreement to be executed on the date first written above. CONSULTANT; GeoTerra, Inc. dba 3Di West By: Bret Hazei! Title: President PARTNERS: CITY OF LIVERMORE Linda Barton City Manager CITY OF PLEASANTON Nelson Fialho City Manager CITY OF DUBLIN Joni Pattillo City Manager APPROVED AS TO FORM: Livermore Assistant/City Attorney Professional Services Agreement Page 7 Rev. 3/2007 ~ ~~~ Attachments: Exhibit A - Scope of Services Exhibit B - Insurance Coverage, Amounts and Terms Exhibit C -Cost-sharing Totals Professional Services Agreement Page 8 Rev. 3/2007 In~al Tlru-VALLEY ORTHO PROJECT 2010 0 Scope of Services ~~ ~ ~~~ Exhibi# A Scope of Services for Tri-Valiey Orthopho#o Project 2t?10 Overview Upon notice to proceed, 3Di Wes# {GeoTerra, Inc.) will provide the Tri-Valley cooperative members with mapping services in support of their 2010 Orthophoto Project. In addition to color and color IR orthophotagraphy, existing 2' and 10' contour DTM will be updated to produce a new set of contour layers. The project will be flown in Aprii /May of 2010. For the project, the City of Livermore is broken into two areas of interest, a high resolution urban area (Central Livermore in the map below) along with an expanded lower resolution area (Outer Livermore) to include more of the surrounding rural area and adjacent cities. Both the City of Pleasanton and the City of Dublin will require high- resolution imagery of territory within their city limits plus additional areas as shown in the project map. Each city's project boundary overlaps the other and each city will receive imagery and data per the diagram below. The project map shows a small addition #o the Pleasanton area, with the addition of 149 acres in the southeast comer. PAGE 1 i a~ a'] T TRI-VALLI?1(ORTHO PRO9ECT 2010 ~ Scope of Services ~~~~~~ Photogrammetry with Dlgital~ Mapping Camera The Technical me#hodology will utjlize a traditional 100% photogrammetric approach, resulting in high quality contours and orthophotography using imagery from a digital mapping camera. Along with breaklines, supplemental DTM points will be updated or collected to support the contour update. The contour interval for urban areas is 2' and 10' for the Outer Livermore area. - Project Planning The Project Manager will meet with the client project team in person to review the project methodology, tasks, deliverables and schedule. Ali phases of the project will be reviewed in detail to insure client expectations are fully met or exceeded. Upon conclusion of this task, project planning maps will be finalized and a final scope of work will be approved by the client(s). As required, deliverables and costs will be broken down for each project area (City). Surveying -- Map Control Prior to photo acquisition, survey control points will be premarked to act as part of the map control package. A combination of existing and new points wilE probably be used. Preliminary plans call for a total of approximately 20 premarked points as well as additional vertical control utilizing non-premarked points. in addition to ground surface points, the project will be flown with Airborne GPS (AGPS) resulting in a virtual control point for each exposure point within the overall flight plan. The combination of these two methods will provide the control necessary to meet accuracy requirements for DTM and orthophoto generation. Survey work performed within the project area will be coordinated with the client Project Coordinator prior to work starting. Control point locations and access issues will be discussed and approved to support a smooth and issue free survey. All work will be surveyed by or under the supervision of a licensed California Land Surveyor. The Vice President of 3Di West is a licensed land surveyor in the State of California. Coordinate System: California State Plane, Zone 3 Horizontal Datum: NAD '83 (Spheroid fo be specified in Survey Report) Vertical Datum: NAVD'88 Unit of Measure: U.S. Survey Feet Aerial Photography & Aerial Triangulation Aerial imagery will be acquired with a high quality digital mapping camera at a suitable photo scale and resolution to support the mapping deliverables. The digital imagery will meet or exceed all industry quality standards for projects of this type and scope. As requested, all photography will be acquired when the sun angle is greater than 35 degrees in the April -May time frame of 2010. Special care will be taken to obtain good stereo coverage of the 5801680 in#erchange and along Interstate 580. Aerial-Triangulation (AT} will be performed to guaran#ee a high-qualify fit between imagery, survey control and the resulting contour dataset. The AT will reveal any photogrammetric image fit issues should They be present within The photography or survey control, thus providing a good qualify control check for both image and survey data sets. PAGE 2 la ~ a7 TRI-VALLEY ORTHO PROJECT 2010 • Scope of Services ~~ ~ ~~ Mapping Once the imagery has been controlled, 3Di West will review the imagery in stereo to identify areas of change within the surface model which have occurred since the contour DTM was las# updated. These areas of change will be provided to the client for review. Each City will need to provide a full three dimensionaE DTM consisting of terrain break lines and mass point spot elevations to 3Di West from their last contour mapping project in 2005. These data sets will form the basis for the DTM update being performed by the consultant using the new 2010 imagery. Areas of change within the DTM will be photogrammetrically updated to meet the contour accuracy for the particular area being mapped. • Urban Areas = 2 foot contours with supporting DTM • Livermore Rural Area =10 foot contours with supporting DTM The updated DTM will be created to provide a seamless DTM across City boundaries, with seamless generation of new contours. All photogrammetrically collected data sets would be delivered in standard AufoCAD and/or ESRI ArcGIS formats per client requirements. Each city wilt receive DTM, contours and ArcGIS Terrain Data Set (TDS) as one contiguous file for each City area. The City of Livermore wiA also receive a set of digital map sheets for DTM and contours; the other two cities will not. Orthophotography Pos#-processing of a!I imagery will take place in our Eugene, Oregon office by an experienced in-house team. All stages of production work will be closely supervised and QC'd by our department manager who has over eight years of ortho production experience. High quality color and color IR orthophotography will be generated for the different projec# areas at 0.5' for the urban areas of Livermore, Dublin and Pleasanton and 1.0' for the Livermore expanded area of in#erest. All orthophotography will be generated using custom image seam Eines for superior fit and appearance. Imagery will be color balanced to present a °one-image" type appearance across the project area. Orthophotography will be generated using the custom DTM/DEM produced far this project. The orthophotography will be delivered in both uncompressed (TIF/TFW) and compressed (SID/SDW) formats for both the color and color IR versions. An overall mosaic of the entire project for each image data set will be delivered at a 1.0' pixel resolution in SIDlSDW format, Final imagery wilt be delivered to the client on standard media such as a USB 2.0 external hard drive. The orthophotography tiles will be based upon an agreed upon the layout with complete files produced within the project areas. In addition fo color and color IR imagery, we wilt provide a complete grayscale copy of the orthophotography for the Livermore project areas to the City of Livermore at no addifionaf cost per the RFP. Recommended target compression ratios for the MrSID orthophotos are 15:1 or 20:1. PAGE 3 13 ~ a~ TRI-VAI.I.EY ORTHO PRO]fECT 2010 ~~ ~ ~~~ Scope of Services Qellverables • Color and color IR orthophofography in compressed and uncompressed formats, by #ile and in project area mosaics - 0.5' resolution for urban areas, 1.0' resolution for Livermore area of interes#; mui#iple areas for compressed image delivery to include project-wide • One {1) set of grayscale (black and white) orthophotos for the Livermore project areas, to the City of Livermore • Final updated DTM Surface and Contours in AutoCAD .dwg format and in ArcG1S TDS {Terrain Data Set) - 2' contours for urban areas and 10' contours for the Livermore rural area - as contiguous layers by city • Contours and DTM in digital sheet format for City of Livermore project areas • Tile layout in AutoCAD .dwg format • Project planning map showing flight lines, exposures, survey control, and boundary information, superimposed over a quad background or image background 1 delivered in both hard copy and digital formats to all project partners • Aerial triangulation report in digital and hard copy formats to all project partners • Survey report in digital and hard copy fom~ats, to include datum, spheroid, units, projection used and who performed work to all project partners • Metadata with required project information; digital and hard copy formats to al! project partners • A copy of the data set will be provided to each participant as needed on standard media • One set of raw 4-band imagery in standard format to the City of Livermore PASS 4 i~ ~a7 TRI-VALLEY ORTIiO PRO3ECT 2010 Scope of Services ~~! 11N~SY Schedule Imagery will be obtained in April -May of 2010. Prior to imagery collection, approximately 20 control points will be premarked. These points will be a combination of new and existing survey points. All work for this project will be delivered ~by November 15, 2010. This delivery date wilt allow adequate time for client review and any subsequent refinements in the data set, followed with a final delivery no later than December 31, 2010. For temporary use by city staff while we process imagery and data, we can provide preliminary orthophotography (using auto-seams, with no color-balance or QC) by June 30, 2010. December 1, 2009 Project Kick-off Meeting NLT March 1, 2010 Receipt by consultant of all existing data sets for each City, to include existing survey points, DTM, contours, and orthophotography April 1, 2010 Start Premarking Map Control Points April 19 to May 21, 2010 Acquisition Window for Imagery Collection June 30, 2010 Delivery of Preliminary Orthophotography Data Set in compressed file format (color 1 color 1R) - 1.0 Pixel August 15, 2010 Delivery of Initial Area for Review --all deliverables November 15, 2010 Delivery of All Data Sets Nov.15 to Dec. 10, 2010 Client Review -Comment Dec. 11 to Dec. 31, 2010 Project Wrap-up Period -Completion PAGE' S ~~ ~ a1 TRI-VALLEY ORTHO PROJECT 2OlO Scope of Services ~D 11N~T Project Cost '! Flight Cost Livermore Or#hos: $44,658 CI R: $10,901 Amended DTM: $45.,239 Total Livermore: $100,798 Dubiin Orthos: $16,310 CIR: $4,165 Amended DTM: $20,394 Total Dublin: $40,869 Pleasanton Orthos: $1.9,655 CI R: $5,004 Amended DTM: $25,000 Total Pleasanton: $49,655 Total Project host: $1.91,322;:. PAGE 6 ~6 ~ d~ EXHIBIT B INSURANCE COVERAGE Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the pertormance of the work hereunder by the Consultant, his agents, representatives, or employees. Minimum Scope of Insurance Coverage shalt be at least as broad as: 1. insurance Services Office Commercial General Liability coverage - (occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 covering Automobile Liability, code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability insurance. 4. Errors and Omissions Liability Insurance appropriate to the consultant's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability. Minimum Limits of Insurance Consultant shall maintain limits no Less than: 1. General Liability, including operations, products and completed operations, as applicable: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately #o this project/location or the genera! aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury or disease. 4. Errors and Omissions Liability: $1,000,000 per occurrence. Deductibles and Self-Insured Retention Any deductibles orself-insured retention must be declared to and approved by the City of Livermore. At the option of the City of Livermore, either: the insurer shall reduce or eliminate such deductibles orself-insured retention as respects the City of Livermore, its officers, officials, employees and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the City of Livermore guaranteeing payment of losses and related investigations, claim adminis#ration and defense expenses. Other Insurance Provisions The general liability and automobile liability policies are to con#ain, or be endorsed to contain, the following provisions: i7 ~a7 1. The City of Livermore, its officers, officials, employees and designated volunteers are to be covered as insureds as respects: liability arising out of activities pertormed by or on behalf of the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Livermore, its officers, officials, employees or volunteers. 2. F'or any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Livermore, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Livermore, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3. Any failure to comply with reporting or other provisions of the policy including breaches of warranties shall not affect coverage provided to the City of Livermore, its officers, officials, employees or volunteers. 4. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30}days' priorwritten notice by certified mail, return receipt requested, has been given to the City of Livermore. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VII, unless otherwise acceptable to the City of Livermore. Verification of Coverage Consultant shall furnish the City of Livermore certificates of insurance and endorsement{s} effecting coverage to the City of Livermore for approval. The endorsements shall be on forms acceptable to the City of Livermore. All certificates and endorsements are to be received and approved by the City of Livermore before work commences. The City of Livermore reserves the right to require complete, certified copies of all insurance policies required by this section. Insurance Page 2 ~~ ~ ~~ F GEOrERRA J4CORDry CERTIFICATE OF LIABI LITY INSURANCE DATE (MMNDIYYYY) 12n112oas PRODUCER CommeraaE Lines - (541) 685-5300 Welts Fargo Insurance Services of Oregon ]nc. THIS CERTIFICATE fS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES N07 AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED t3Y THE POLICIES BELOW. 975 Oak Street, Sulte 900 Eugene, OR 97401 INSURERS AFFORDING COVERAGE NAIC # INSURED GeotBn'a OBA: 3D1 West Inc INSURER A Charter Oak Fire Insurance Co. 25615 , . INSURER B: Travelers Indemnity Company of America 25666 3400 W 11th Ave INSURER c A41ed World Assurance Co {US) wsuRER o. Eugene OR 97402 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTtFICA7E hWY BE ISSUER OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CWh1S. LT TYPEOF INBVRANCE POLICY NVMBER POL C 7 ExPIRA LIMITS GENERALtuu31LITY [6ti05316L307COF09 8/1J201>ZJ 5/16/2010 EACHOCCURRErxE E 1'~'~ A DAMAGE TORENT£D 300 000 X COMMERCiALGENERALLU100JTY , E CWMSMADE aOCCUR MEOEXPIMYmePersar,) E 5.000 PERSONAL b ADV WJURY E i.~~ GENERAL AGGREGATE S ~•~•~ GENiAGGREGATE LNkIT APPLIES PER PRODUCTS • COMPlOPAGG S 2.000.000 POLICY jECT LOC A AUTONOBILELIABBJTY 1680531$L307COF09 8/1/2009 9/1/2010 COh03BlEDSINGLELIMiT $ ~ ANY AUTO lEa acdoenty ALL O•NNEDAUTOS BODILY MJJURV s SCHEDULED AUTOS (Per Pte) X HIRED AUTOS BODY INJURY E X NON~OVMEDAUTOS (~~~) . PROPERTY DAMAGE $ {Perecddent) GARADE LUIBBJTY AUTOONLY•EA ACCIDENT $ ANYALrro GTFIERTHAN FA ACC E AUTOONIY: A4G E EXCESSA)MBRELLA LIABILITY EACH OCCURRENCE S _ OCCUR ~ CLAIMS MME AG(iREQATE E S OEOUCTIBLE E RETENUON S $ Y.'C STATLL OTH• WORKERSCOMPENSAttoNAND IHUB65L6537109 9!1/2009 6/15/2010 - B EMPLOYERS'4U181LfrY E.L EACH ACCIDENT S i•~~ ANY pROPRIETOrWARTNERlEXECUTNE OFFICEftIMEh10ER EXCLUDED9 E.L DISEASE•EA EMPLOYEE E ~•~~ Byes, aescr®e ewer SPECULLPROVLSK)r1S E.LDISEASE-POLH:YUMR E 7,000000 C Pr to~esstonalLiabllity SG02O16 5!16/2005 5/15t20f0 $2,00ooooEecnaarm $2,000,000 Aggregate 35.000 Deducv~is DESCRIPTION OF OPERATIONS! LOCATIONS (VEHICLES ! EXCLUSKNIS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS The City of Dublin, its officials, officers, employees and designated volunteers are added as additional Insureds. ,..n ..~ ..vuw ,v. City of Dublin Alin Tim Eisler 100 C[vic Plaza Dublin CA D4568 nrnvn ~R ronnirnai • ..~n LD ANY OF THE ASOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOF, THE ISSUING INSURERYALL ENDEAVOR TO MAIL ~ DAVS WRnTEN ~E TO THE CERTIFICATE HOLDER NAMED TOTHE LEFT, BiJT FAILURE TO 00 30 SHALL IE NO OBLiGAttON OR LUIBILRY OF ANY KIND UPON THE INSURER, RS AGENTS OR AUTHORIZED REPRESENTATNE ® ACORD CORPORATION 19811 ~` ~~ ~ f` POLICY NUMBER: 168053t8t3o7COFO9 COMMERCIAL. GENERAL LIA81l.t'fY CO 2010 OT 04 THIS ENDORSEMENT CHAN(3E3 THf+ POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -" SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE I Name Of Addttlonal Insured Person(s) Or Or anlzatlon s Location a Of Covered 0 orations City of Dublin Atln Tfm Elsfer i00 Civic Piaza Dublin CA 94568 Information r aired to com late Ibis Schedule if not shown above wgl be shown in the DectareUons. A. Section II -Who to An Insured Is amended to include as an addtionat Insured the person(s) or organizatbn(s) shown In the tichedule, but Doty with respect to tiabtiity for "hodHy tnju-y', "property damage" or "personal and advertising Injury' caused, In whole or in parti by: 1. Your acts or omisatorts; or z. The acts or omissbns of those acting on your behaB; in the performance of your ongoing operations tot the additional fnsured(s) at the fooatlon(s) desig- nated above. ti. with respect to the Insurance afforded to these additional insureds, the following addttionei axclu- slona applyr. This Insurance does not apply io "bod[ly injury/' or "property damage" occuMng attar. 7. Atl work, Including materials, parts or equip- ment famished In connectton with such work, on the project (other than servk:e, maintenance or repairs) to tie padormed by or on behalf of the additional insured{s} at the bcsuon of the covered operations hae been completed; of 2. That portion of "your work" out of which the Injury or damage arises has been pal to Its in- tended use by any person or organization other than another contractor or subcontractor en- gaged ht performing operaions for a principal as a part of the same project. CG 2010 O7 04 ®ISO Prope~les, Enc., 2004 Page ! of 1 Q ~~ a~7 IMPORTANT It the certificate holder is an Ap[31TIONAI. INSURED, the pol(cy{ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement{s}, It SUBROGATION IS WAIVED, subject to the terms and corxilttons of the policy, certain policies may require an endorsement. A statement on this cerGfiicate does not confer rights to the certificate holder in lieu of such endorsement{s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing Insurer{s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. AcoRO 25S (2o0t1o8) 2 of 2 #5915260JM915043 ~~~~ GEOTERRp ACORD.~ CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD,YYYY) 12Y1i12009 PRODUCER Commercial Lines - (541)685.5300 Wells Fargo Insurance Services at Oregon Inc. THIS CERTIFICATE IS ISSUED A5 A MATTER OF 1NfORMATION ONLY AND CONfERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 975 Oak Sireet, Suite 900 Eugene, OR 97401 INSURERS AFFORDING COVERAGE NAIC # INSURED Gaoterra DBA:3Df West Inc INSURER A: Charter Oak Flre TnSUranCe Co. 25615 , . wsuRER ~ Travelers Indemnity Company of America 25866 3400 W 111h Ave INSURER c Anted World Assurance Co (US) INSURER O: Eugene OR 974112 INSURER E: COVERAGES THE pOUCIES OF INSURANCE LISTED BELOW HAVE BEEN 15SUED TO THE INSURED NAMED A80VE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDINf3 ANY REQUIREMENT, 7ERh10R CONDITION OF ANY CONTRACTOR OTHER DOCUMEhIT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED 8Y THE POLtCEE3 DESCRIBED HEREIN IS SUB3ECT TO ALL 7NE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LItd1T5 SHOWN MAY HAVE BEEN REDUCED 8Y PA(D CLAIIAS. TYPEOFINSURANCE POLICY NUMBER POLTCYEFFECTIVE D T ~ TiON UMRS A GENERALUABILRY 16805318L307COF09 3!1/2009 8115!2010 EACHOCCURREtdCE s T•~•~ X COMMERCU~I.GENERALLIABiUTY DAMAGE TO RENTED ~_. S y~.~ CLNMS MADE ~ OCCUR MEDEXP one ersan S b.000 PERSONALBADV INRA2Y S 1.000.000 GENERAL AGGREGATE S t.000A00 OEN'L ADOREOATE LUafIAPPLIES PER: ~ PRODUCTS•COMPIOP AGG f ~•~•~ POLICY PRO- LOC A AUTOMOBILE LU(BILITY 16805318L307COF09 9/1!2009 9H/2010 COMBINER SWGLE UMT S 0idoded ANY AUTO (Ee e0c+denl) ALL ONNED AUTOS BOOS.Y INJUf(Y S SCHEfH1LED AUTOS (Par perecn) X HIRED AUTOS gOp~y lN,lURy f X NON•OWNEDAUTOS (Per ecclJeM) RMAGE OP ~ ~ S GARAGELIARRITY AUTOO.YLY-EAACCiDENT S ANY AUTO OTHER THAN EA ACC S AUTO ONLY; pGG S EXCE937UM8RELLA L1A81LITY EACH OCCURRENCE 3 OCCUR ~CWMS MADE AGGREGAFE S S DEWCTiBLE S RETENTION S S Y,'C STATU- OTH- B WORKERS COMPENSATION AND IHUB$5L8537109 9/1/2009 5/#5!2010 EMPLOYERS' LU18ILfTY E E.L EACMACCN)ENT S 1•~•~ ANY PROPRIETORIPARTNERlEXECUTTV OFFICEWMEMBER EXCLUDED? E.L_Od5FJ1SE •EA EMPLOYEE 5 1.000,000 If yes. deaCnDe Undor CULL PROVISIONS belay E.L DiSFASE-POLlCYLB.IR S 1,OW,000 OTHER C ProlessionalLfability SG02016 5115!2009 5/15/2010 fzooo,oooeacnca~, sz,oooooo Aggre0ele ss.aoo Aedu~Jo DESCRIPTN)N OF OPERATIONS f LOCATION81 VEHICLES /EXCLUSIONS ADDED BY ENAORSEMENT / SPECUIL PROVISIONS 1'he City of Livermore its omcials, otflcers, employees and designed volunteers are added as additional insured. CERTIFICATE yULUktt cAnccu.nnvn " "~~ ^~°~^' •~• •- •• • "r^~^• SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 7NE EXPIRATION DATE THEREOF,TNE19SU1N6INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN City Of LIYBrfnOrB ~ NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAR.URE TO DO SO SHALL ATTN: MelindaSvnnarborg rMPOSENOOBLIOATIDNORLUIBILTTYOFANYKINOUPONTHEINSURER,ITSAOEMTSOR 1052 S. Livermore Avenue REPRESENTATNES. Livermore, CA 94&50 AUTHOfUZEDREPRESENTATIVE,tiQ ~} /)gyp/t~l ertnon Dr; /~nn41na1 .c ..r o 1049434 v ennnn rnRanRe-rlnu ~QAR (This certificate replaces certificate# 10988181ssued on 12/21!2009) ~~ ~"~ GEOTERRA ACORDry CERTIFICATE OF LIABILITY INSURANCE DATE (Ml~1Dp1YYYY) 12l2,/2UDs PRODUCER Commerdal Llnes - (541) 885-5300 Wells Fargo Insurance Services of Oregon Inc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTENp OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 975 Oak Slreet, Suite 900 Evgene, OR 97401 INSURERS AFFORDING COYERAGE NAIC # INSURED Geolerra Inc. D8A:3D1 West 1NSURERA: CharterOak fire Insurance Co. 25615 , 3400 W 11th A u~suRERB: Travelers Indemnify Company of America 25666 ve wsuRER rA Agied World Assurence Co (US) AiSURER D: Eugene OR 97402 WSURER E: COVERAGfS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWRHSTANDING ANY REQU[REAfENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH TN[S CERTfFICATE MAY SE ISSUED OR MAY PERTAIN, THE )NSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCWSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED eY PAID CLAIMS. L R A TYPE OF WSURANCE POLICY NUMBER DAT TIVE DL DMITS A OEHERALLtABtLrrY 1680531fiL307COF09 8/1!2008 5!1512010 EACHOOCURRENCE S I•~-~ x COMMERCUIL GENERAL LWBILIiY DAMAGE TO RENTEp S 30D,000 CWMSMADE OOCWR MEDEXP(MyoeePerson) S 6.000 PERSONAL6AOVINJURY S ti•~~ GENERAL AGGREGATE S 2,000.OOD GENIAGGREOATELIMn'APPLIESPEtt PRODUCTS-COMPIOPAGG S 2•~•~ POLICY PRO• LOC A AvroMOBILE LtA911frY 1880531fiL307COF09 9!1!2009 9!1l201D COMBINEDSINGLE LIMIT $ Ntludad ANY AVTO (Ea ecddenl) ALL 01YNEDAUTOS BODILY INJURY S SCHEDULED AUTOS {~P~) X VIREO AUTOS BODILY INJURY S X NON'01VNEpAUTO$ (Pet ettidentj AMAGE P opE R 1 iP e ~ e M) s GARAGE LIAB1LfrY AUfOOHLY•EA ACCENT $ ANYAUTO OTNEJT THAN EA ACC S AUTO ONLY: AGG S EXCESSAIMBRELIA LIABILITY EACR OCCURRENCE S OCCUR ~ CWMS MADE AGGREGATE S S oepucnBLE s ETEHrroN s $ M'~ S7ATU• OTH• B YVORKERS COMPENSATION AND IHU8fi5Lfi537109 9!1!2009 5/15/2010 EMPLOYERS' LUSA.[rY NE E.L. EACH ACgDENT S i~•~ ANY PROPRIETORIPARTNER/EXECUT OFFtCEMAEMBER EXCLUDED? El. DISEASE • EA EMPLOYEE $ t.~A00 N s,descnbeunQet CiAL PROVISIONS DBtow E.l DISEASE • POllCY L1MI7 S I ~~.~ C OTHER ProtessionalLiability SG02016 5/15/2009 5115/2010 iz,000,000EachCleM SzJ100,000 Aggregate 55.000 Deduct~Dle DESCRIPTION OFOPERATIONS/ LOCATIONS! VEHN:lES f EXCLUSIONS ApDED BY ENDORSEMENT rSPECIAL PROVISIONS City of P[easanton, its oiBGals, officers, employees and designated volunteers are added as additlonaE insureds. IiCK RFIVAIC KVLVCK 4NKVCLLNIIVry °'• ^^l •^•'°° ^• •• ^J•'^'^ SN WLD ANY OF THE ABOVE DESCRI BED POLICIES aE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING rNSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN Cily of Pleasanton NOTICE TO THE CER7IFlCATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO po SO SHALL Af Ul StaVa WOOd IMPOSE NOOBLIGATION OR LIAaILITY OFANYHIND UPON THE INSURER, ITSAGENTS OR 200 Old Bemal Avenue REPRESENTATIYEB. Pleasanton CA 94560 AUTNORtZEDREPRESENTATIVE~Q /j n10/1 // Arnnn ~a r~nn~mai . _s n 7UhiyBT Gl Af!fa Rrl Cf1RDt1R ATIn LI SOCG .~ Exhibit C 20'10 Aerial Orthophotography Project Cost-sharing Totals :nigh-Resolution Ateas Of Flight Area Cost Livermore 45% $73,563.00 Pleasanton 30% $49,665.00 Dublin 25% $40,869.00 Sub-total: $164,097.00 iow=Resolution Areas Livermore Pleasanton Dublin Project Total; COSt 100,798.00 $49,665.00 $40,869.00 $191,332.00 ~~ ~~ RESOLUTION NO. xx -10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A MEMORANDUM OF AGREEMENT FOR ORTHOIMAGERY ACQUISITION BETWEEN THE CITIES OF DUBLIN, LIVERMORE, AND PLEASANTON WHEREAS, the City desires to obtain digital aerial orthophotography for use in the City's Geographical Information System (GIS); and WHEREAS, a cost effective manner to obtain these services is through a regional effort serving more than one City; and WHEREAS, the Staff from the cities of Dublin, Livermore, and Pleasanton have worked cooperatively to define the scope of the project and to select a recommended vendor WHEREAS, Geoterra, Inc.(dba 3DiWest) is being recommended to complete the project; and WHEREAS, the cities have developed a Memorandum of Agreement to describe how the costs of the project will be shared proportionately; and WHEREAS, in the event that modifications are made to the agreement during the multi- agency review it is desirable to have flexibility for the City Manager to execute a final version of the agreement which may include minor adjustments. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves the Memorandum of Agreement (attached hereto as Exhibit A) and authorizes the City Manager to execute the Agreement on behalf of the City. BE IT FURTHER RESOLVED that in consultation with the City Attorney the City Manager may accept and execute a form of the agreement which includes amendments which do not materially change the intent and cost as described in the Staff Report presented February 16, 2010. PASSED, APPROVED AND ADOPTED this 16th day of February, 2010, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk ATTACHMENT 2 ~5 ~. z~ MEMORANDUM OF AGREEMENT FOR ORTHOIMAGERY ACQUISITION THIS AGREEMENT is .entered into between the City of Livermore, the City of Pleasanton, and the City of Dublin ("Partners") for the purpose of jointly and equally acquiring aerial orthoimagery for their region. RECITALS WHEREAS, each of the Partners is concerned with planning or management of its jurisdiction; and WHEREAS, each of the Partners use GIS or other information technology to accomplish those goals; and WHEREAS, a fundamental component of a successful GIS is an accurate ground or survey control and this need is most efficiently met by the use of orthoimagery; and WHEREAS, an additional benefit of orthoimagery is the visual image of the region; and WHEREAS, the data and imagery that must be developed or acquired for these purposes is expensive and sharing of costs will allow Partners to accomplish these goals at a lower cost; and WHEREAS, Partners have jointly developed a Scope of Work to provide the orthoimagery required and have sent it to a qualified vendor. NOW THEREFORE, the parties agree to enter into a cooperative process for the acquisition of orthoimagery as itemized below: I. Common Development of a Scope of Work for Orthoimagery The parties to this agreement agree that the Scope of Work has been included as part of the Professional Services Agreement dated January 25, 2010 and was developed to represent the individual needs of all Partners. The purpose of this joint endeavor is to realize the benefits of commissioning a single flight to serve the needs of all Partners rather than individual flights for each Party. Page 1 of 3 EXHIBIT A -RESOLUTION (Authorizing Memorandum of Agreement) ~~ ~~~ MEMORANDUM OF AGREEMENT FOR ORTHOIMAGERY ACQUISITION II. Individual Contracts for Services. A. Partners have entered into a common process for development of the Scope of Work. Partners developed a Professional Services Agreement (PSA) with the vendor for the provision of orthoimagery services. This PSA will itemize each Partner's portion of the overall cost. Partners shall make payment to the vendor for an equal portion of each project component as outlined in the 2010 Aerial Orthophotography Project Cost-sharing Totals, attached hereto as Exhibit "A", at the time payment is due. Each Partner's equal share is not to exceed the cost listed on Exhibit "A". B. Parties recognize that their individual costs may include their equal share for areas of photographic overlap. C. No party to this agreement will front the costs for orthoimagery for another party. III. Hold Harmless. The parties to this agreement shall accept the jointly-developed Scope of Work and the selected vendor. In addition, each party to this agreement shall hold harmless every other party. IV. Terms of Agreement A. Any of the parties to this agreement shall have the right to withdraw from this agreement prior to the signing of the vendor contract by action of the policy board of the party. B. The Partners may allow new parties to be admitted to this MOA in the following manner: The party seeking admission shall make a written request for admission to the Partners, which will then vote on the request. C. This agreement may be amended on recommendation of the Partners. Accepted: DATED: CITY OF LIVERMORE, a municipal corporation By: Linda Barton, City Manager APPROVED AS TO FORM: John Pomidor, City Attorney Page 2 of 3 EXHIBIT A -RESOLUTION (Authorizing Memorandum of Agreement) a~~ ~~ MEMORANDUM OF AGREEMENT FOR ORTHOIMAGERY ACQUISITION CITY OF PLEASANTON, a municipal corporation DATED: BY: TITLE: APPROVED AS TO FORM: City Attorney CITY OF DUBLIN, a municipal corporation DATED: BY: TITLE: APPROVED AS TO FORM: City Attorney Page3of3 EXHIBIT A -RESOLUTION (Authorizing Memorandum of Agreement)