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HomeMy WebLinkAboutReso 23-10 Aerial Orthophoto SvcsRESOLUTION NO. 23 -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 competitive. 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 16t" day of February, 2010, by the following vote: AYES: Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None ~ ~/~jl~~ ,~ /~VM--- .~f-~~Z~ Mayor ATT T: ~~ City Clerk Reso No. 23-10, Adopted 2-16-10, Item 4.8 Page 1 of 1 a~a~ 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 Califomia (City), City of Pleasanton, a municipal corporation of the State of Califomia (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 PartMers 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 pertorm 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 pertorm the services described in Section 3 below and subject to the terms and conditions contained in this Agreement. 2. Retatianship of Parties -Independent Contractors. The relationship of the parties shall be #hat 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 #his Agreement, Consultant shall: (a) Diligently perform alt 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 1 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 alt 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; (f1 Discuss and review alt 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. S. Compensation and Payment. (a) The total compensation payable by Partners to Consultant for services described in Phis Agreement SHALL NOT EXCEED the sum of $191,322.00 (hereinafter Professional Services Agreement Page 2 Rev. 312007 ~~ a~ "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 provide, 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. All compensation for actual work pertormed and charges outstanding at the time of termination shall be payable in accordance wi#h Section 5(b) above. 9. No Asslonment. 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 general 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 assets of the corporation, partnership or joint-venture. 10. Proiect Manager. Consultant's services under this Agreement shall be pertormed under the general direction of and coordination with Partners"'Project Manager," Melinda Sunnarborg, or such person as the Partners may designa#e. 11. Ownership of Documents,. Ali drawings, designs, data, photographs, reports and Professional Services Agreement Page 3 Rev. 3/2007 s~ ~7 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 shah correct, at its own expense, all errors in the services provided. Should Consultant fait 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 pertormance 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. Acceatance 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. 16. Acceatance of Work. The approval, payment and/or acceptance of the work or services performed underthis 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 and/or 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 >'. ~ a7 17. Waiver: Remedies. A party's failure to insist upon the strict performance of any provision of this Agreement by the other party ("breaching part'), irrespective of the length of time for which 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 taw or in equity, shall be cumulative and alternative, and the invocation of any such right or remedy shall not constitute a waiver or election 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 Hazell -President 3Di West 3400 W. 11~' Avenue Eugene, Oregon 97402 Either party may change such address or contac# 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, Consultant warrants that it has not performed 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. 312007 ~ a7 !~ 20. Economic Disclosure. Upon Partners' determination the services described in this Agreement involve making, or participation in making, decisions which may foreseeably have a material effect on a financial interest, Consultant andJor 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. 27. Construction of Language. The provisions of this 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 ambiguities 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 ail 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 Agreerneni 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 Hazell 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. 312007 ~ ~~~ Attachments: Exhibit A - Scope of Services Exhibit 8 - Insurance Coverage, Amounts and Terms Exhibit C -Cost-sharing Totals Professional Services Agreement Page 8 Rev. 3/2007 In~a~ TRI-VALLEY ORTHO PRO]ECT 2010 ~~;~~Y Scope of Services Exhibit A Scope of Services for Tri Valley Orthophoto Project 2010 Overview Upon notice to proceed, 3Di West (GeoTerra, inc.) will provide the Tri-Valley cooperative members with mapping services in support of their 2010 Orthophoto Project. In addition io color and color IR orthophotography, existing 2' and 10' contour DTM will be updated to produce a new set of contour layers. The project will be flown in April /May of 2010. For the project, the City of Livermore is broken info 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 to the Pleasanton area, with the addition of 149 acres in the southeast comer. PAGE 1 i ~ a'l TRI-VALLEYORTHO PROJECT 2010 ~~~W~~ Scope of Services Photogrammetry with Dlgltai~ Mapping Camera The technical methodology 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. Ail phases of the project will be reviewed in detail to insure client expectations are fully met or exceeded. Upan 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 wilt probably be used. Prel(minary 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 fbwn 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 Sunray Report) Vertical Datum: NAVD'88 Unit of Measure: U.S. Survey Feet Aerial Photography & Aerial Tr#angulatlon 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 s#andaMs 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 580/680 interchange and along Interstate 580. Aerial-Triangulation (AT) will be performed to guarantee a high-quality fit between imagery, survey control and the resulting contour da#aset. 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 Z la ~a7 TRI-VAILEY ORTHO PROJECT 2010 e 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 last updated. These areas of change will be provided to the client for review. Each Ci#y will need to provide a full three dimensional DTM consisting of terrain break tines 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 photogrammetricalty 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 Ciiy boundaries, with seamless generation of new contours. All photogrammetrically collected data sets would be delivered in standard AutoCAD and/or ESRI ArcGIS formats per client requirements. Each city will receive DTM, contours and ArcGIS Terrain Data Set (TDS) as one contiguous file for each City area. The City of Livermore wilt also receive a set of digital map sheets for DTM and contours; the other two cities will not. Orthophotography Post-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. >iigh 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 lines 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 Dolor IR versions. An overall mosaic of the entire project for each image data set will be delivered at a 1.0' pixel resolution in SIDISDW format. Final Imagery will 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 to color and cobr IR imagery, we wilt provide a complete grayscale copy of the orthophotography for the Livermore project areas to the City of Livermore at no additional cos# per the RFP. Recommended target compression ratios for the MrSID orthophotos are 15:1 or 20:1. PAGE3 13 ~ a7 Tru-VALLEY ORTHO PR07ECT 2010 ~~ ~ ~~~ Scope of Services Deliverables • Color and color IR orthophotography in compressed and uncompressed formats, by file and in project area mosaics - 0.5' resolution for urban areas, 1.0' resolution for Livermore area of interest; multiple 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 ArcGIS 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 • Protect planning map showing flight lines, exposures, survey control, and boundary information, superimposed over a quad background or image background /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 formats, 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 all 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 P,acE 4 ~~ ~ a~ Tru-VALLEY ORTHO PRO3ECT 2010 Scope of Services ~~11'wVF.~`~ 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 dient 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 nocolor-balance or QC) by June 30, 2010. December 1, 2009 Project Kick-off Meeting NLT March 1, 2010 Receipt by consultant of aN existing data sets for each City, to include exisfing survey points, DTM, contours, and orthopho#ography 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 !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 PAGF 5 i.~ ~ a~ TRI-VALLEY ORTHO PROJECT ZOlO Scope of Services ~~i~nr~r Project Cost '1 Flight Cost Livermore Orthos: $44,958 CIR: $10,901 Amended DTM: $45.,239 Total Livermore; $900,738 Dublin Orthos: $16,310 CIR: X4,165 Amended DTM: $20,394 Total Dublin: $40,869 Pleasanton Orthos: $1.9,655 CIR: $5,000 Amended DTM: $25,000 Total Pleasanton: $49,655 Total Ptoje~t C6st:.: $191;322:; PAGE 6 ~6 ~ a~ EXHIBIT B INSURANCE COVERAGE Consultant shall procure and maintain for the Jura#ion 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 shall 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 limi# is used, either the general aggregate limit shall apply separately #o this project/location or the general 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 Setf-Insured Retention Any deductibles or self 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. For 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 i~ _ ~ ~ GEDTERRA J4CORD~ CERTIFICATE OF LIABI LITY INSURANCE DATEtMPW01YYYY1 f 2/21/2008 PRODUCER Commerdal Lines - (541) 685-5300 Wails Fargo Insurance Servlcas of Oregon Inc. THIS CERTiFtCATE IS ISSUED A9 A MATTER OF INFORMATION ONLY ANO CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 975 Oak Street, Sulte 900 Eugene, OR 97401 INSURERS AFFORDING COVERAGE NAIC # DiSUReD Geoleae OBA: 3D1 West Inc INSURER A: Charter Oak Fire irlsurenCe Co. 256f5 , . INSURER B: Travelers Indemnlly Company of AmadCa 25666 3400 W 11th Ave msuRER c Wiled World Assureltce Co {US) INBIAiER O: Eugene OR 97402 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEENlSSUED T'O THE BiSURED NAMEDABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDRHNi OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH TF{IS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AtiGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CWMS. L TYPE Of INSURANCE POLICY NUMBER L LIMITS OENERALtIABII[TY I8805318L307COF08 8!1/2004 5/16/2010 PACHOCCURR°ICE S +'~'~ A X COMAIERGALOENERALLIA81LrrY ~tE ITED IO S J00,80e CI.ANASLIADE aOCCUR MEDE70' m~ enm- S 3AnO PERSOrJALaAOVwJURY s +.~~ OENERAI.AOOREGATE S Z•~•~ GF1rLAGOREOATE LIMIT APRJES PER pRODtJCTS•COA1P10PAOCi S 2AOOJ+BD POLICY PRO' toc A AUr ONOBM.Etu19aJTY Ifi805318L307COF08 9/1/2009 911!2010 COMBIHEOSINOLEtIMR : ~ AHYAUro tEo.aleom3 KLOWNEDAUT09 BODIlYR7A1RV S EOAUTOS BCHEOU (Pet Pstfal) . X HIREOMROS BOtkLYAiJURY S X NOTFOVMED AUTOS (~ ~~) ~ : I OARAOELUIaMJTY AUTOOtiIY•EAACCIOENT ~ ANYAUro oTHERTFWl FAACC s AuTOONtY: AQO s Exceaen+MaRELLALUSItm EACHOCCIIRRENCE s _ OCCUR ~ ClA1MS MME AOOREQATE $ s oEOUCnetE : REIENIION S ; ~~ oTFi• +YORxERS~~~~~~AND IHUl365L8537109 8/1/2009 6/16J2010 g EMPLOYERYLIABILRY E.LFACHACCIOENT S i•~•~ ANY PROPRIEYOR/PARTNERlE%ECUrrvE oPFrCERIMEMeENExCLUDED9 E.LDISEASE•EAEMPtOYEE s +.~~ M E Mlabyrg~pr{g E.L DECEASE-POLICY tMt? S +.~~ C Prom(esslonaltiabllity SG02016 6/18/2005 6/1512010 S2,ooQ000Eedlaalm szoo0.oooAaOropeta ssooo oraucoel. DEBCRD'TION OF OPERATIONS J tOCATi0N3! VEHICLES I EXCLUSIONS ADDED BYr?NDORSFJIEHT /SPECIAL PROVISIONS fie City of Dublin, its otlicials, oMcers, employees and designated volunteers are added as addttlonal insureds. I CERTIFICATE HOLDER CANCELLATION ~°~~ ~°~ ^~°°° ~~~ ^"'~' °~"'°'^ 8NOULD ANY OP THE ABOVE OEBCRIBED POtICIEB BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUNKi WSURERYAIt ENDEAVOR TO NAIL ~ DAYS WRrITEN Ciry of Dubin NOTICE TO THE CERAFICATE HOLDER NAMED TOTHE LEFT, BUT FAILURE TO DO SO 9FU1LL Alin T(m EiSler IMPOSE NOOBLiOATRN/ OR tIABLLIIYOF ANY KWDUPON THE INSURER, ITS AOENiS OR 100 Clvk PIeZa REPRESENTAlNEB. DUb-tn CA 84568 AUTHORIiEDREPRESENTATNE~ n ~Ip~I~L ACf1D/] 7R MAni MAI • sn 1053980 0 ACDRD CY]RPDRATIAN iAAA ~` r` POLICY NUMBER: 188053t8t307COF09 COMMERCtAt. GENERAL LIAHIt.i'tY Ct3 2010 OT tM THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -- SCHEDULED PERSON OR ORGANIZATION This endorsement modtfles insurance provided under fhe follovrtng: COMMERCIAL QENERAL LIABILITY COVERAGE PART SCHI?pULE Name OtAddltlonsl Insured Person(s) Or anlzatlon s : Location s Of Covered 4 orations City of DubBn Ailn T(m Elster 100 Civic Plaza Dublin CA 94568 tnformatkm r uked to Dom late this Schedule ff not shown above wql be shown in the Oecleragorls. A. Section II » Who N An Insured is amended to include as an addgtonat insured the person(a) or organlzatbn(s) shown in the tchedule. but Doty with respect to gabigty for "bodily ktjury','property damage" or "peraonet and adverdaing Inju caused, In whole or in paN, by: 1. Your aces or omtasbna; or 2, The acts or omissk>na of those acting on your behav; in the pertortnance of your ongoing operaNona for the adddioltal Insured(a) at the fooatbn(s) desig- nated above. B. With respect to lha Insurance eKordad to these adriitlonai insureds, the toilowing addllbnel exclu• stone apply: Thla Insurance does not apply to 'bodily Injury' or "properly damage" ocourrinq after. 1. AR work, Inofuding materials, parts or equip- ment famished In connedton wRh such work. on the project (other than service, maMtenance or repairs) to be performed by or on behalf of the addiUonat Insureds) at ilia bcaUon of the covered opsraUons hae been oompfeted; or 2. That porgon of 'your work' out of which the Injury or damage arises has been put to Its in- tetxied use by any person or orppanizaiJon other than another contractor w aubconiraclor en- gaged to performing operatbns for a prtncdpal ss a part oitha same project. co 20 ~o or oa ®ISO properties, inc., 2404 Papa ! of 1 Q ~~a~ fMPORTANT It the certificate holder is an ADDITIONAL lNSURSD, the policy{ies) must be endorsed. A statement on Mts cerfiflgte does not confer rights to the certificate holder frt lieu of such endorsement{s}, It SUBROGATION IS WANED, subjed to the terms and condltfons of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights b the certi@cate holder in lieu of such endoreement{s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not oonstitute a contract between the issuing Insurer{s), authorized rapresenlatlve or producer, and the certi8cato holder, nor does it afffrmatlvely or negatively amend, eudand or alter the coverage afforded by the polides Usted thereon. acoRO zss tzoo~rosl 2 of 2 f!!59152607M915043 c~~ ~~ GEOTEARA ACDRD,y CERTIFICATE OF LIABILITY INSURANCE °"'~`"""°°'"""' t2J21J2009 PRODUCER CommerrSal Lines - (641)685.5300 Wells Fargo Insurance 5arvices at Oregon Inc. THIS CER7IFICA7E IS ISSUED A5 A MATTER OF INFORMATION ONLY AND CONfERS NO RIGHTS UPON THE CERTIflCATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 975 Oak Street, Suite 800 Eugene, OR 97401 INSURERS AFFORDING COVERAGE NAIC wsuReD Geoterre, Inc. DBA: SDI West wsuRERA: Charter Oak Flre Insurance Co. 25615 3400 W lilh A wsURER s: Travelers Indemn' Company of America 25886 va wSURER G Alited Wald Aasurante Co (US) INSURER 4 Eugene oR s7aoz ,R COVERAGES THE f'OUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERh10R CONDrRON OF ANY CONTRACT OR OTHER DOCUMENT W ITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTWN. THE INSURANCE AFFORDED eY THE POLtCIE9 DESCRIBED HEREIN !3 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAlD CLAIMS. TYPHOFINSURgxcE POLICY NUMBER E FE N UMRS A oExtRALwBq-rrY 18805318L307COF09 9/1/2009 8r1bf101o ~OOC~Q~ s 1000'00° ~( CONMERCW.GENERAL11ABiLT(Y E RENTED ~tlY00 = 000.000 CWAI3MAOE X~ OCCUR MEDEXP aw nsan S 6,000 PERSONAL 8 ADV INAIRY S 1,000.000 GENERAL AGGREGATE = 1,000,000 OENi AGGREGATE LVATAPPUES PER: ~ PRODUCTe•COMPIOPAGO = ~.000A00 POLICY LOC A aUT OhTOBRELIABILTrY 168053181307COF09 9/1!2009 911/2010 CoMaixeoswcLEUMT S kdud~0 ANY AUTO (Ee OOddMI) Atl OWNED AIROS 8000.Y wJURY s SCHEOULEOAVTOS (Prk PO,~) X NIREOMrT06 Y ~~ f X NON-OWNEDAUTOS ( ? S OARAGELIABRRY AUTOONLY-EAACCIDpir S ANY AUTO OTHERTfIAN EAACC S AVTOONLY: AGG S EXClaaNMBREUALU181LTTY EACH OCCURRENCE i OCCUR ~ CWMS MADE AGGREGATE S S DEDUCTIBLE S RETENTION S S B VA7RRERSCOMPExaAnoxAxD IHUB$6L8537109 91112009 5/#512010 vresTATU- oTH- EAIPLOYPAB' LBIaFIRY ANY PROPRIETOWPARTNERlE7(ECUTAIE E.L. EACHACCIOENT S 1,000.000 OFF1CEWhEMBEREXClUOED? E.LOiSEASE-fAEA1PLOYEE 5 LOOOA00 M dNCnTli YINIOr ONS EL gSEASE-POLICYUMR S 1.000.000 OTHER C ProlessionelLfabllity SG02016 5/1bJ2009 5115!2010 S2AOO.000EacnClr!m ssAOO.oooAagrsvu SSADO Dedatbls DESCRIPRON OF OPF1tATrONB! LOCAnONB 1 VEHICLEB /EXCLUSIONS ADDED BY ENDORBEMENf 1 SPECIM. PROV1810N6 The City of Livertnae its officials, officers. employees aRd designed volunteers are added as additional Insured. CERTIFICATE HOLDER CANCELLATION en ay DB or DrI- eymen SHOULD ANY OF THE ABOVE OESCRa1E0 POLICIES BE CANC0.lEO BEFORE THE EXPIRATpx OATETHlRIOP,TMEIaaU1NOIN,IURERVALIFNDEIIYORTOMNI ~ DAYIIWR(TTlH City of Livermore ~ rronCE TO THE CERnTiCAT! HOLDER NAMED TOTxE LEFT. BuT FAILUR! TO oo SO SNALL ATTN: MelindaSunnarDag IMPOSENOOBLIOATpNORUABILiTYOFANYKINOVPONn(EwSURER,ITBAOEHtaOR 1052 S. LNermae AYBnue REPRESENTATNES. LlvBfmOre, CA 94550 AVTHOItliEO REPRESENTATrvE ~ 0 ACORD 25 (2001108) q O(2 1U49434 ®ACORD CORPORATION 1988 (This cerfiQcBte replaces certiflcatep 10488181ssued on 12/2#/2009) :.~R ~~ o?~ GEOTERRA ACORDti CERTIFICATE OF LIABILITY INSURANCE °"~~, PRODUCER Commerdat Lines - (541) 885-5300 Wells Fargo Ir-surence Sen+lces o1 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, EXTEND OR ALTER THE COVERAGE AFFORDEp BY THE POLICIES BELOW. 975 Oak Street, Suile 900 EvBene, OR 97401 INSURERS AFFORDINd COYERAdE NAIL B INSURED Geoterra, Ina DBA: 3D1 West crsuRr:R A: Charter Oak Fire Insurance Co. 25615 3900 W 11th Ave 1NSUfrERa: Travelers lndemnily Company Ot America 25666 IT+suRER C: A!>ied World Aasurence Co (l1S) srlsur+ER a Eugene OR 97402 i1rSURERE: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSiJREO NAMED ABOVE FOR THE POLICY PERWD INDICATED. NOTWRHSTANDING ANY REQU[REMENf, TERM OR CONd1TON OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECTTO WHICH TH[S CERTIFICATE MAY 8E ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLVSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CWMS. TYPE OF WBURANCE POLIOY NUMBER ~ LIMrr3 A oTarERALLaenm 18805318L307COF09 9/1/2009 5!1512010 EACHO~uRRENCE s r~006'~ x COMMERCVL GEN[iAAL L1ABILIiY D HIED S 300,000 CWMSMADE ~ OCCUR MEDEXP alspsrton) 3 4000 PERSONAL a AOV RUURY s I,oOO,QOo (iENERALAQQREOATE f ~,000.OOD GEMLAQGREOATELIMITAPPUESPErt: PRODUC76-COMPlOPAGO S Y.000I)00 POLICY LOC A AV TOM061l6LIABILrTY 188053#BL307COF09 9!1!2009 9!1!2010 n sINGLELBxT akrAUro ~ ) s I'w"e°d ALL avNEaAUros IH. RY scHEDUUroAUros N f~~" s X HgtE0AUT06 BO PA Y Y X NON•OYMEDAUTO$ I ~ eo ddei~ S PJ AAIAGE OPE P ~ ~ S t OARAOELIABILITY AUTOONLY•fJ1ACCElENT 8 ANYAUTO OTIrERTHAk f~1ACC S AUTOOMLY: AOO S [XCEBlAIMBRELI.AL1ABrLRY EACH OCCURRENCE S OCCUR ~ CWMS MADE AGGREGATE S S oEDUCne1.E s ENTfON S B vroRKERecoMFEksAT10NAND IHU665L8537109 9/1!2009 5/15/2010 ATIL TH• T!MPLAYERS' UAe1LITY ANY PROPRIETORlPARTNEWEXECUTNE EL F:ACN ACCID[1YT S T,000.000 OFF7CERAUEMaER EXCtUDED'! El DISEASE • EA EMPLOYEE 5 T,000A00 H gdex+be unGer EL dSEASE • POLICY LIMIT S 1,000AOe OTHER C ProfessbnalUabllity SG02018 5/15%1009 5115/2610 =2,oosaooE,d,Calm S~.e00.o0DAgyrey,. SSA00 DbuaDle DESCRIPTION OF OPERATIONS/ tOCAT10N9 rYEHICLE3 r D(CLUa10N8 ADDED BY ENDORSEMENT raPECIAL PROVISIONS City of P[easanlon, its offlGals, oMcers, empbyeas and designated volunteers are added as eddiUonat Insureds. V c1~131"IVh11: fIVVVGI~ VMI\4GLLNIIVI7 ""7 vJ•,•v„~ 9HOt1L0 AMY OF THE ABOYE DESCRIBED POUCIEB BE CAIM:ELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING rNSURERYYIIi ENDEAVOR TO MAIL ~ OAYd YrRRTEN City of Pleasanton NOTICE TO 7Hfi CERTIFICATE HOLD@R NAMED TO THE L[FT, BUT FAILURE TO DD SO SMALL Atln $teVB Wood wPOSE NO GaLIGAT10N OR LIABILITY OFANY IOkD UPON THE INetMLER,113/KiENTS OR 200 Oki Bemal Avenue REPREatMA71VE8. Pleasanton CA 94588 AUTHORD~OREPRESEkrATTVE .. 0 n n,ei, n mean s!s r~BD,troRT , s e 1053987 ~ A...,en ..x1,,,1,.,,,,.1, ...e.. `-'' Exhibit C 2090 Aerial Orthophotography Project Gost-sharin Totals Yz .._. ..._ .; :~ r ~~ ~ - xr_w.~'a _~_ --~~-_ ~:==~._.-s. .~.^~ ti:....,~~'Y~> ~ max. ___ _ ~'' -_ ~- - Of Fl(ght Area Cost Livermore 45% $73,563.00 Pleasanton 30% $49,665.00 Dublin 25% $40,869.00 Sub-total: $964,097.00 rte- ~? ~ . o -. ____...._ .,.. ~ _. ~,Y ~ - .t r Percent Cost Livermore 100% $ 27,235.00 Pleasanton 0% - Dubtin 0% - Subtotal: $27,235.00 } Y -. 'K ~ ~ .~"ioit~~tle(~.1~~ ~ 14~'f~~~_ T COSt Livermore $ 100,798.00 Pleasanton $49,665.00 Dublin $40,869.00 Project Total: $191,332.00