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Aerial Orthophotography Re-Flight ProjectTHE CITY OF Dubuque ~. DLTB E A"~ t r Masterpiece on the Mississippi 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Aerial Orthophotography Re-Flight Project DATE: February 11, 2009 GIS Coordinator/Analyst Nikki Breitsprecker requests City Council approval for the City Manager to negotiate and execute a contract with Pinnacle Technologies, Inc. for the completion of the Digital Orthophotography, Digital Terrain Model and Contour Creation project. PinnacleTechnologies was originally scheduled to provide this service in the Spring of 2008, but record winter snowfall and spring flooding did not allow for ideal flight conditions to be met. I concur with the recommendation and respectfully request Mayor and City Council approval. Mich el C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Nikki Breitsprecker, GIS Coordinator/Analyst THE CITY OF Dubuque ~. DUB E AN-M~Ica~tll Masterpiece on the Mississippi 2007 TO: Michael C. Van Milligen, City Manager FROM: Nikki Breitsprecker, GIS Coordinator/Analyst SUBJECT: Aerial Orthophotography Re-Flight Project DATE: February 9, 2009 BACKGROUND The City of Dubuque embarked on an Aerial Orthophotography Project in 2007 to obtain six-inch digital orthophotography, two-foot contours, a digital terrain model, impervious areas, bridges, water features, and railroads. The project was completed by Aerial Services, Inc. (ASI), of Cedar Falls, IA. The project was plagued with various problems from beginning to finish, and in the end, the digital orthophotography, digital terrain model, and two-foot contours did not meet the standards required by the City of Dubuque. The City received a refund of $52,844 from fees that had already been paid to AS I . DISCUSSION Because the original aerial photography was inconsistent in color and clarity, and the contours were not true two-foot contours, the project is in need of being redone. The original selection group of GIS Coordinator/Analyst Nikki Breitsprecker, Public Information Officer Randy Gehl, Information Services Manager Chris Kohlmann, Project Manager Steve Brown, and Surveyor Ron Turner decided to approach Pinnacle Technologies, Inc., the firm that placed second to ASI in the original selection process, to complete a new project with would include the capture of true-color six-inch digital orthophotography, creation of a digital terrain model, and two-foot contours. The City made contact with Pinnacle Technologies in Fall 2007 in an attempt to secure a Spring 2008 flight. The project was agreed upon between both the City and Pinnacle Technologies; however, a record winter snowfall and spring flooding did not allow for ideal flight conditions to be met in Spring 2008. Now, with Spring 2009 upon us, we are again attempting to re-fly the project area and secure digital orthophotography, adigital terrain model, and two-foot contours. The City has requested Pinnacle Technologies, Inc. to resubmit a contract for the flight which will hopefully occur this spring, assuming ideal flight conditions are met and the snow melts completely before leaf-out. The attached contract for $115,875 has been reviewed by Assistant City Attorney Tim O'Brien and GIS Coordinator/Analyst Nikki Breitsprecker. This project is being funded from savings and the refund from the initial project, all originally funded in FY2007 by the Geographic Information System Capital Improvement Project. ACTION STEP I respectfully request City Council approval for the City Manager to negotiate and execute a contract with Pinnacle Technologies, Inc, for the completion of the Digital Orthophotography, Digital Terrain Model, and Contour Creation project. CC: Public Information Officer Randy Gehl Information Services Manager Chris Kohlmann Project Manager Steve Sampson-Brown Surveyor Ron Turner Att: Contract PROFESSIONAL SERVICES AGREEMENT This Agreement entered into by and between Pinnacle Mapping Technologies, Inc. (hereinafter called "PINNACLE") with offices at 8021 Knue Road, Suite 113., Indianapolis, Indiana 46250, and the City of Dubuque (hereinafter called "CITY") with offices at 50 W 13a' Street Dubuque, IA 52001 RECITALS PINNACLE is engaged in the business of rendering Surveying, GIS Services, Professional Photogrammetric Engineering and related professional services. The CITY expects to have a continued need for the types of services provided by PINNACLE. The CITY and PINNACLE agree that renewals of this Agreement may be negotiated, but only on mutually acceptable terms and conditions in one-year increments, on or before the anniversary date of this agreement. The CITY hereby employs PINNACLE and PINNACLE hereby accepts employment on the following terms. ARTICLE I Scope of Work 1.1 PINNACLE shall provide the professional services, materials, and equipment necessary to perform the Scope of Work as described in Exhibit A (Scope of Work) and described in the PINNACLE proposal and original RFP from the City of Dubuque, which by this reference is hereby made a part of this agreement. 1.2 PINNACLE shall complete work applicable based on technology on hand at PINNACLE at the time of execution of this Agreement by PINNACLE and any improvements to technology shall be used as such may come into the possession of PINNACLE. 1.3 PINNACLE acknowledges it is an independent consultant and will at all times act as such. Nothing in this Agreement shall be deemed to constitute PINNACLE or any of its employees as the agent, representative or employee of the CITY, or create a joint venture between the parties. ARTICLE II Proiect Schedule 2.1 PINNACLE'S services shall be provided substantially within the Project Schedule attached hereto as Exhibit B. Pinnacle Mapping Technologies, Inc. Dubuque Contract Page 1 of 14 2.2 The services specified in the Scope of Work of this Agreement shall commence when PINNACLE receives a written Notice to Proceed from the CITY within ninety (90) days of PINNACLE'S execution of this Agreement. 2.3 Failure of the parties to agree to a Revised Project Schedule shall entitle either party to terminate this Agreement without any cost or liability by giving notice as provided in Section 7.1. 2.4 PINNACLE shall submit a weekly progress report to the CITY. PINNACLE will submit a monthly invoice based on actual work performed. The progress report shall be in form and content satisfactory to the CITY. 2.5 Time is of essence to this Agreement. PINNACLE's failure to conform to the Project Schedule shall be excused in the event of delays due to causes beyond the control of and without fault of PINNACLE, expressly including weather and other non-controllable conditions. Termination of this Agreement shall be allowed to either party or renegotiation of the fee for the remaining work may be requested by either party if the delay from causes beyond the control of PINNACLE prevents completion of the Project within twelve months after the designated completion time set out in the Project Schedule. ARTICLE III Compensation 3.1 For the performance of services described in Exhibit A, the CITY will compensate PINNACLE as set forth in Exhibit A based on a percentage of activity completion. 3.2 PINNACLE will submit periodic statements requesting payment in the form and manner required by the CITY'S fiscal procedures, but not more often than monthly. Such requests shall be based upon the amount of work and services performed by PINNACLE under this Agreement. 3.3 PINNACLE agrees to provide any supporting data that may be required by the CITY to complete any specifically regulated payment procedure provided; however, the CITY agrees that such regulated payment procedure and necessary supporting data will be explained to PINNACLE prior to commencement of the work and any applicable procedures made part of Exhibit B. 3.4 Payment shall be made to PINNACLE within thirty (30) days of receipt of periodic statements. Unpaid billings after 30 days will have an interest charge of 1 1/2% per month added. 3.5 Approval and/or payment of such periodic invoices (not including Final Payment described below) shall not in any way relieve PINNACLE of its liability to the CITY for errors, omissions, or other deficiencies in the performance of services. 3.6 Final acceptance by the CITY will occur no later than ninety (90) days after delivery of the final products and services. Pinnacle Mapping Technologies, Inc. Dubuque Contract Page 2 of 14 ARTICLE IV Changes to Work or Schedule 4.1 The CITY may, at any time, by written order, and within the general scope of this Agreement make changes or reduction in the services to be performed on the Project, Ezbibit A. If such changes cause an increase or decrease in PINNACLE's cost of, or time required for, performance of any services under this Agreement, an equitable compensation adjustment shall be made. Any claim for adjustment under this clause must be made in writing within thirty (30) calendar days from the date of receipt by PINNACLE of the notification of changes unless a further period of time is mutually agreed upon. No change by the CITY to any decrease in PINNACLE'S compensation for services rendered up through the day on which notice of a change is received may be made. 4.2 All change orders to be effective must be in writing and executed by authorized representative of the CITY, and no services for which an additional compensation will be charged by PINNACLE shall be furnished without the written authorization of the CITY. 4.3 Failure of the parties to agree to an equitable adjustment to changes shall entitle either party to terminate the Agreement upon ten (10) calendar days notice to the other. ARTICLE V Responsibilities of CITY 5.1 Assist PINNACLE by placing at its disposal all requested available information pertinent to this Agreement, including previous reports and any other data relative to the project. 5.2 Arrange for access to and make all provisions for PINNACLE to enter upon public and private lands as required for PINNACLE to perform its work under the Agreement (if applicable). 5.3 Examine all maps, studies, reports, sketches, estimates, specifications, drawings, proposals, and other documents presented to the CITY by PINNACLE and render in writing decisions, when necessary, pertaining thereto within a reasonable time so as not to delay the work of PINNACLE. 5.4 Designate in writing a person to act as representative of the CITY with respect to all work to be performed under the scope of work. Such person shall have complete authority to transmit instructions, receive information, interpret and define the CITY's policies and decisions with respect to the work under this Agreement. The CITY shall give PINNACLE written notification of any change in the CITY's designated representative. 5.5 Obtain approval and cooperation (with PINNACLE's assistance to the extent necessary) of all governmental authorities having jurisdiction over the work under this Agreement, and of such other individuals or bodies as may be necessary for the completion of the work. This shall not be construed to mean the obtaining of permits or licenses required for PINNACLE to legally conduct business in any jurisdiction. ARTICLE VI Pinnacle Mapping Technologies, Inc. Dubuque Contract Page 3 of 14 Insurance and Indemnification 6.1 PINNACLE and any PINNACLE subcontractors shall agree to maintain the minimum amounts of insurance coverage of the City of Dubuque as identified in Insurance Schedule C. 6.2 Such insurance shall be maintained in full force and effect during the term of this Agreement and shall protect the CITY as an additional named insured or by appropriate endorsement requested by the CITY and reasonably available to PINNACLE without material additional cost. 6.3 PINNACLE hereby agrees to hold harmless agreement contained in Exhibit C and by their reference hereby made a part of this agreement. 6.4 After final acceptance and completion of the work the CITY shall have six months in which to give notice to PINNACLE as to discovery of defects in the services requiring corrections, and as to which the CITY shall give notice to PINNACLE within a reasonable time, not to exceed ninety (90) calendar days from discovery. 6.5 If PINNACLE negligently performs services and notice is timely given, the CITY shall have the right, at its option, to have PINNACLE re-perform such negligently performed services. 6.6 The provisions of this Article shall survive the termination or cancellation of the Agreement. ARTICLE VII Termination 7.1 This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement (including timely payment to PINNACLE); PROVIDED, that no such termination may be effected unless the other party is given: (a) not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (b) an opportunity for consultation with the terminating party prior to termination. 7.2 This Agreement may be terminated in whole or in part in writing by the CITY for its convenience; PROVIDED, that PINNACLE is given: (a) not less than ten (10) calendar days written notice (delivered Certified Mail, Return Receipt Requested), of intent to terminate, and (b) an opportunity for consultation with the terminating party prior to termination. 7.3 If termination for default by PINNACLE is effected by the CITY, an equitable adjustment in the compensation provided for in this Agreement shall be made, but (a) no amount shall be allowed for anticipated profit on unperformed services or other work, and (b) any payment due to PINNACLE at the time of termination may be adjusted to the extent of any additional costs occasioned to the CITY by reason of PINNACLE's default. If termination for convenience is effected by the CITY, the equitable adjustment shall include a reasonable anticipated profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to PINNACLE for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by PINNACLE relating to commitments which had become firm prior to the termination. Pinnacle Mapping Technologies, Inc. Dubuque Contract Page 4 of 14 7.4 Upon receipt of a termination notice pursuant to paragraphs 7.1 or 7.2 above, PINNACLE shall: (a) promptly discontinue all services affected (unless the notice directs otherwise), and (b) upon proper payment by the CITY to PINNACLE, deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by PINNACLE in performing this Agreement, whether complete or in process. 7.5 Upon termination, pursuant to paragraphs 7.1 or 7.2 above, the CITY may take over the work and prosecute the same to completion by agreement with another party or otherwise. Any work taken over by the CITY for completion will be completed at the CITY's risk, and the CITY will hold harmless PINNACLE from all claims and damages arising out of improper use of PINNACLE's work. 7.6 If, after termination for failure to PINNACLE to fulfill contractual obligations, it is determined that PINNACLE had not so failed, the termination shall be deemed to have been effected for the convenience of the CITY. In such event, adjustment of the price provided for in this Agreement shall be made as provided in paragraph 7.3 of this clause. 7.7 The rights and remedies of the CITY and PINNACLE provided in this clause are in addition to any other rights and remedies provided by law or under this Agreement. 7.8 Notwithstanding any other provision of this Agreement, if funds necessary for the continued fulfillment of this Agreement by the CITY are at any time insufficient or not forthcoming through failure of any entity to appropriate funds or otherwise, then PINNACLE shall have the right to terminate this Agreement without penalty, liability, cost or expense by giving not less than thirty (30) calendar days' prior written notice documenting the lack of funding. In such instance, unless otherwise agreed to by the parties, this Agreement shall terminate and become null and void on the last day of the fiscal period for which the CITY appropriations were received, or ninety (90) calendar days after such notice has been received by PINNACLE at its principal place of business, whichever occurs later. ARTICLE VIII Arbitration 8.1 PINNACLE and the CITY may, by mutual agreement, in writing designate any claim, dispute or other matters in question arising out of, or relating to this Agreement or the breach thereof, except for claims which have been waived (only to the extent that such waiver is permitted) by the making or acceptance of final payment, to be decided by arbitration. Such written notice shall, if given, specifically identify and describe the claim, dispute or other matter to be arbitrated. Arbitration proceedings shall be initiated only as to claims, disputes and other matters as so identified and described in such agreement, and in accordance with the rules of the American Arbitration Association. This conditional agreement to arbitrate shall, upon the furnishing of such written notice, be specifically enforceable under the prevailing arbitration law. The award rendered by the arbitrators shall be final, and judgment may be entered upon such award in any court having jurisdiction thereof. ARTICLE IX Ownership of Documents Pinnacle Mapping Technologies, Inc. Dubuque Contract Page 5 of 14 9.1 PINNACLE agrees that all materials, reports, drawings, studies, specifications, estimates, maps, computer data tapes, computations and other materials prepared by or for the CITY under the terms of this Agreement shall upon proper payment by the CITY to PINNACLE be the property of the CITY. However, any processes, procedures, programs, software, or similar practices of PINNACLE, whether developed prior to or during the Project Schedule, shall remain the property of PINNACLE until sold or licensed to the CITY for its use or use by others for separate compensation. ARTICLE X Retention of Records 10.1 PINNACLE shall maintain all books, documents, papers, accounting records, and other evidence pertaining to costs incurred under this Agreement and shall make such materials available for inspection by the CITY at all reasonable times during the period of this Agreement and for the period of three (3) years after the date of final payment to PINNACLE. PINNACLE is entitled to reasonable reimbursement for his cost of furnishing such copies. ARTICLE XI Annlicable Law 11.1 The construction, interpretation, and performance of this Agreement shall be governed by and construed in accordance with the laws of the State of Iowa. ARTICLE XII Compliance with Federal, State and Local Laws 12.1 PINNACLE shall comply with all federal, state and local statutes, ordinances and regulations, and shall obtain all permits that are applicable to the Agreement. ARTICLE XIII Confidentiality 13.1 PINNACLE shall keep confidential all information obtained from the CITY and designated as confidential by the CITY and shall not divulge any confidential information concerning the Project to any person or entity unless written approval is granted by the CITY. Subcontractors of PINNACLE shall provide a similar undertaking and PINNACLE may divulge any confidential matter of the CITY to PINNACLE'S subcontractors without written approval of the CITY. ARTICLE XIV Promotional Use 14.1 PINNACLE shall, while maintaining confidentiality required by Article XIII, have the right to include descriptions and representations of the work among its promotional and professional materials. Pinnacle Mapping Technologies, Inc. Dubuque Contract Page 6 of 14 ARTICLE XV Successors and Assigns 15.1 PINNACLE and the CITY each binds itself and its partners, successors, executors, administrators, and assigns to the other party of this Agreement and to the partners, successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement. Neither the CITY nor PINNACLE shall assign, sublet or transfer its interests in this Agreement without written consent of the other. ARTICLE XVI Invalid Clause 16.1 If any section, clause, or provision of this Agreement shall be held invalid, such holding of invalidity shall not affect the validity of any remaining section, clause paragraph, portion, or provision of this Agreement. ARTICLE XVII Notices 17.1 All notices made pursuant to this Agreement shall be in writing and delivered personally or sent by Registered or Certified Mail, Return Receipt Requested, to the parties at the respective address set forth below: Authorized representative of City of Dubuque Nicole Breitsprecker GIS Coordinator City of Dubuque 50 W 13~' Street Dubuque, IA 52001 PINNACLE: Brenda R. King President Pinnacle Mapping Technologies, Inc. 8021 Knue Road, Suite 113 Indianapolis, Indiana 46250 Any party may change the address to which notices are to be sent by giving ten (10) calendar days' written notice of such change of address to the other party. Pinnacle Mapping Technologies, Inc. Dubuque Contract Page 7 of 14 ARTICLE XVIII Entire Agreement 18.1 This Agreement supersedes all previous agreements, oral or written, between the CITY and PINNACLE, and represents the whole and entire Agreement between the parties. No other agreements or representations, oral or written, have been made by the CITY or PINNACLE. This Agreement may not be altered, modified or amended, except in writing properly executed by an authorized representative of the CITY and PINNACLE. IN WITNESS WHEREOF, the parties hereto execute this Agreement on the day and year set forth below. Date: Date: PINNACLE MAPPING TECHNOLOGIES, INC. By: Brenda R. King, President ATTEST: Ryan M. King, Treasurer City of Dubuque, Iowa By: Michael C. Van Milligen, City Manager ATTEST: APPROVED: Name and Title Pinnacle Mapping Technologies, Inc. Dubuque Contract Page 8 of 14 EXHIBIT A SCOPE OF WORK AND PRICING City of Dubuque, USA PROJECT OVERVIEW The City of Dubuque, IA is requesting proposals for digital orthophotography for the corporate limits of the City of Dubuque, as well as the surrounding area designated in this request for proposals, to be acquired and developed over the next flying season. The specifics are described in this document. As a part of this project, the City of Dubuque is also looking for collection of a digital terrain model (DTM) and 2' contour generation. All photogrammetric mapping products are to meet National Map Accuracy Standards at map scales of 1"=100'. The project area for the various tasks is as depicted on Figure A-1 (Project Map). Deliverables All GIS Data requested shall be in shapefile(s) or geodatabase feature class(es) with FGDC-compliant metadata for all files. The following is a list of suggested deliverables, but is not inclusive. The Vendor is expected to augment the list. • Two (2) complete sets of digital orthophotography and other data on CDs or DVDs (this includes the individual uncompressed photos - .tif and .tfw files and the MrSID (.sid and .sdw) compressed file for the entire project area); • Formal completion date of aerial photography mission listed in metadata for aerial photography; • Final flight line with photo centers (as a point) in shapefile or geodatabase feature class format; • USGS camera calibration report for camera used; • Reports regarding aircraft and camera operation assurances; • Ground Control information in shapefile or geodatabase feature class format, including recovered/established data points, updated tie sheets and their x, y, and z values in the DAGIS coordinate system; • Scanned negatives (if that method is used) converted to a positive in a .tif format with world file information (rather than 9x9" contact prints); • 2-ft. contours, with each contour being identified and attributed with its value (elevation) and type (contour, index contour, depression, index depression, obscured) • Digital Terrain Model SCOPE OF SERVICES Pinnacle Mapping Technologies, Inc. Dubuque Contract Page 9 of 14 PINNACLE will employ the following technical approach for the development of color digital orthophotography in CITY as described in the attachment. CONTRACT MANAGEMENT The successful implementation and completion of any project is based upon the establishment ofwell-defined objectives, the development of a schedule to meet the objectives and the appropriate monitoring of the progress. The implementation of these items is the responsibility of the Project Manager. Below is the contact information of your assigned project manager, the director of project management, the principal-in- charge and the vice presidents of finance and production. All correspondence should be executed through your assigned project manager. However, if your project manager is unavailable and your question is a priority with the CITY, please do not hesitate to contact any of the individuals listed below: Ryan King (Project Manager) 8021 Knue Road, Suite 113 Indianapolis, Indiana 46250 Voice: (317) 585-2011 Fax: (317) 585-2014 E-mail: rmking~,pinnaclemapping com Brenda R. King (President -Project Oversight) 8021 Knue Road, Suite 113 Indianapolis, Indiana 46250 Voice: (317) 585-2011 Fax: (317) 585-2014 E-mail: brkin~(a~pinnaclemapping com Brenda King, President (Principal-in-Charge) 8021 Knue Road, Suite 113 Indianapolis, Indiana 46250 Voice: (317) 585-2011 Fax: (317) 585-2014 E-mail: brking~,pinnaclemappina.com PINNACLE'S contact with CITY will be: Nicole Breitsprecker, GIS Coordinator (Authorized representative of the City of Dubuque ) 50 W 13~' Street Pinnacle Mapping Technologies, Inc. Dubuque Contract Page 10 of 14 Dubuque, IA 52001 Voice: (563) 589-4174 E-mail: nbreitsp(a~ci ofdubuque.org PROJECT REPORTING • PINNACLE will provide written Project Status Reports on a weekly basis. PREVAILING SPECIFICATIONS All photogrammetric mapping products are to meet National Map Accuracy Standards. This standard states that 90 percent of all photographic details on the orthophotography shall be accurate to within at least 1/30 in. of true position, as determined by test surveys, and none of the photographic details shall be displaced by more than 1/15 in. from true coordinate position. Since the orthophoto process rectifies images at the ground elevation of a DEM scan, accuracy standards must exclude objects above and below the scan elevation, such as tops of buildings, poles, trees, and other like objects. For this project, 1/30 of an inch at publication scale equates to +/-3.33' for the 1"=100' maps. Any new digital orthophotos or DTM collected by PINNACLE for this project will meet the above accuracy specifications. The CITY will be responsible for acquiring ground position coordinate values and applying the NSSDA methodology for reporting the positional accuracy of the orthophotos to recipients of the digital data. The positional accuracy, as reported, will be a data usability statement and will not used by the CITY as a data acceptance standard for the digital orthophotos. PROJECT AND PRODUCTION SCOPE Accomplishing this Scope of Work will require the following tasks: SCHEDULE Please refer to Exhibit B (Project Schedule). In our proposed schedule, we have prepared for eventualities and questions that may arise during the Pilot Phase of Production. We will not compromise the quality, accuracy, or precision of the data to meet an unrealistic schedule and will not move forward in production until everyone is on the same page after the Pilot Phase. TERMS AND CONDITIONS The following terms and conditions apply to the contract between PINNACLE and Dubuque CITY. Pinnacle Mapping Technologies, Inc. Dubuque Contract Page 11 of 14 Billing Procedures PINNACLE will submit monthly invoices during the period outlined on Exhibit B, or until all work is complete. All billing is net 30 days from receipt. Unpaid billings after 30 days will have an interest charge of 1 1/2% per month added. CUSTOMER SUPPLIED DATA PINNACLE is not responsible for inaccuracies in data provided by the CITY. PINNACLE reserves the right to seek additional compensation if such items are found to be deficient and result in additional work by PINNACLE. This condition will also result in schedule revisions. Either party will notify the other immediately upon the discovery of the defect, it's impact on the project, and a cost to correct the defect before any action is taken. WARRANTY No warranty of data produced by a previous vendor, non-related third-party, or data provided by the CITY will be implied. All work produced by PINNACLE is warranted for a period of six-months after fmal acceptance of data. REVIEW AND ACCEPTANCE The CITY shall complete checks of all deliverable products within 30 days of delivery. After initial checking, work increments will be categorized by the CITY as follows: ACCEPTED: Products that meet specifications and contain no errors, or so few en ors as to be acceptable, will formally be indicated as accepted. RECEIVED/EDITED: The product has a number of errors that do not permit acceptance. For the product to be accepted, PINNACLE must correct or address all issues noted by the CITY. REJECTED: The number and character of errors detected by the CITY are such that the product is formally returned to PINNACLE without a complete edit. The CITY will formally notify PINNACLE of the rejected status of the product. PINNACLE must edit and correct the mapping for resubmittal to the CITY. If the CITY determines that there are an excessive number of rejected products, the CITY may require the Contractor to suspend production until the problems are resolved. LIST OF FIGURES Figure A-1 Proposed Flight Map Figure A-2 Pinnacle Response to RFP Pinnacle Mapping Technologies, Inc. Dubuque Contract Page 12 of 14 PRICING Aerial Photography (Color) Recover & Target Ground Control Analytical Aerotriangulation Planimetric Feature Extraction & GIS Modeling DTM Capture & 2' Contour Modeling Orthorectification & File Generation (RGB, 6" pixel resolution) TOTAL PROJECT COST $ 20,800.00 $ 5,500.00 $ 4,000.00 '' $ 33,225.00 $ 43,300.00: $ 9,050.00 $ 115,875.00 i Note: Annlicable State & Local taxes (ifanv) are not included with the totals above. TERMS PINNACLE is authorized to begin the project upon execution of this contract. The prices remain valid through the duration of the project schedule outlined in Exhibit B. Should delays in contract signing or execution occur, pricing shall remain valid until Dec. 1, 2009. Pinnacle Mapping Technologies, Inc. Dubuque Contract Page 13 of 14 EXHIBIT C Indemnity and Hold Harmless PINNACLE shall save harmless the CITY and its representatives from all suits, actions or claims of any kind brought on account of any injuries or damages sustained by any person or properly in consequence of any act of omission by PINNACLE or its employees or agents, or from any claims or amounts due arising or recovered under the State's Workmen Compensation laws. PINNACLE's indemnity and hold harmless obligation undertaken pursuant to this contract, if any, shall specifically exclude that portion of such obligations which could require PINNACLE to indemnify or hold harmless the CITY, its agents, employees, or contractors for their own negligence. PINNACLE will furnish evidence of Workmen Compensation and public liability insurance. PINNACLE shall indemnify and hold harmless the CITY from all claims of labor and materials furnished under this contract. Timely payment of undisputed claims for labor and material furnished to PINNACLE in the performance of contract work is a material term of the contract. When requested by the CITY, PINNACLE shall submit satisfactory evidence that all persons, firms, corporations or other business entities that have performed work or furnished materials under the contract, have been fully paid or satisfactorily secured. In case such evidence is not furnished or is not satisfactory, an amount shall be retained from monies due PINNACLE which, in addition to any other sums that may be retained, will be sufficient, in the opinion of the CITY, to meet all claims of the persons, firms, and corporations as aforesaid. Such sum or sums shall be retained until the liabilities as aforesaid are fully discharged or satisfactorily secured. The CITY agrees to mitigate its damages, should any damages arise in the course of this Agreement, to every extent possible, and to take such reasonable measures to prevent injury or damages within its jurisdiction as a reasonable prudent individual or entity would take. PINNACLE shall be accountable for any and all damages resulting from its operations. All damages shall be paid for by PINNACLE. It shall be fully responsible for the protection of all persons, including members of the public and employees of other contractors or subcontractors and all public and private property. It is the intent of this section to require PINNACLE to indemnify the CITY to the extent permitted under Iowa law. Pinnacle Mapping Technologies, Inc. Indemnity & Hold Harmless Page 14 of 14 A A~A' ~I~I .~ bA 0 ti t~ . ^., a a ~--i V CC= . ~..i a 3 0 a~ Q ~a ~" ..~ U a~ b W U U ~_ . O ^^~~ F~1 'C N O a Vi a L a L a L b0 w O t a 0 s O ev A ,,,~ a 0 0 a e .. a v 0 nu ' a I I i o I ti I o d i 0 a 0 L a d I 0 O a w a O R -~ 00 0 d A I 0 4 o ' F ~ m a .o m y c C y ~' v h ° .5 0 ~ o ~ o ~ ~ v u y ~ y o E i 0. ~ F ~ p^, ~ s ~°v, `0 U 0. °u ~ 'c :: O c U 3 a 0 0 ~ ~ o C 0 F Q . ~ w O E 5 ~ 0 ~ o o ~' U ~ i l ~ ~ ~ Ca C ~a c ~ o m 0 U O 'z 4 is ~ c 0. d ~ ~ Q E N U U o V 3 ~ ~ ~ ~ ~ ~ ~ ~ d ~ ¢ A ~ ~ ~ I Q a N a ^ ~ N c7 ~-. °~' N ~ i N ~ i ~ ^ Q .--~ V N ~ .-. ~ NNy+ [My+ .. N l Fi ~G O O ~ ~ ~ O ~ . C ~" C ~ ~ Vl %4 ~ : ~ .~. ~ ~ O O ~ u V ~ ¢ O ~ Q C V] ~ k. ,L a a F U O a ~ ~ ~ u L N •~ F+ L Ow p ?w w INSURANCE SCHEDULE C INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES TO THE CITY OF DUBUQUE 1. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa. All insurers shall have a rating of A better in the current A.M. Best Rating Guide. 2. Ail Certificates of Insurance required hereunder shall provide a thirty (30) day notice of cancellation to the City of Dubuque, except for a ten (10) day notice for non- payment, if cancellation is prior to the expiration date. 3. shall furnish a signed Certificate of Insurance to the City of Dubuque, Iowa for the coverage required in Paragraph 6 below. Such Certificates shall include copies of the following endorsements: a) Commercial General Liability policy is primary and non-contributing. b) Commercial General Liability additional insured endorsement. c) Governmental Immunities Endorsement. shall upon request, provide Certificates of Insurance for all subcontractors and sub-sub contractors who perform work or services pursuant to the provisions of this contract. Said certificates shall meet the insurance requirements as required of 4. Each certificate shall be submitted to the contracting department of the City of Dubuque. 5. Failure to provide minimum coverage shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. 6. Contractor shall be required to carry the following minimum coverage/limits or greater if required by law or other legal agreement: a) COMMERCIAL GENERAL LIABILITY General Aggregate Limit Products-Completed Operations Aggregate Limit Personal and Advertising Injury Limit Each Occurrence Limit Fire Damage limit (any one occurrence) Medical Payments $2,000,000 $1,000,000 $1,000,000 $1,000,000 $ 50,000 $ 5,000 1 of 2 January 2008 INSURANCE SCHEDULE C (Continued) INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES TO THE CITY OF DUBUQUE This coverage shall be written on an occurrence form, not claims made form. All deviations or exclusions from the standard ISO commercial general liability form CG 0001 or Business owners BP 0002 shall be clearly identified. Form CG 25 04 03 97 `Designated Location (s) General Aggregate Limit' shall be included. Governmental Immunity endorsement identical or equivalent to form attached. Additional Insured Requirement: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers shall be named as an additional insured on General Liability including "ongoing operations" coverage equivalent to ISO CG 20 10 07 04. b) Automobile $1,000,000 combined single limit. c) WORKERS COMPENSATION 8~ EMPLOYERS LIABILITY Statutory for Coverage A Employers Liability: Each Accident $ 100,000 Each Employee Disease $ 100,000 Policy Limit Disease $ 500,000 d) PROFESSIONAL LIABILITY $1,000,000 e) UMBRELLA/EXCESS LIABILITY ''Coverage and/or limit of liability to be determined on a case-by-case basis by Finance Director. Completion Checklist ^ Certificate of Liability Insurance {2 pages) ^ Designated Location(s) General Aggregate Limit CG 25 04 03 97 (2 pages) ^ Additional Insured CG 20 10 07 04 ^ Governmental Immunities Endorsement 2 of 2 January 2008 ACORD~ CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 12 72(107 PRODUCER (563) 123-4567 FAx (563) 987-6543 Insurance en ~ ~ Street Address 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 AFFORDED BY THE POLICIES BELOW. Cit ST Zi Code INSURERS AFFORDING COVERAGE NAIC ~ INSURED INSURER A: InSiLlranCe Com n Company INSURER B: Street INSURER C: INSURER D: Ci St Zi COde 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD' POLICY EFFECTIVE POLICY EXPIRATION LTR IN TYPE OF INSURANCE POLICY NUMBER DATE MM1D DATE MMA) LIYITS GENERAL LIABILITY EACH OCCURRENCE S 1, 000 , 000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence 50 , 000 E A X CLAIMS MADE ~X OCCUR MED EXP A ane ) E 5, 000 PERSONAL 8 ADV INJURY E 1, 000 , 000 GENERAL AGGREGATE E 2,000.000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPlOP AGG E 1 , 000 , 000 POLICY X JEC LOC AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT E id E 1, 000, 000 X ANY AUTO a acc ent) ( A All OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per Demon) E HIRED AUTOS BODILY INJURY NON-0WNEDAUTOS (Pera~ent) E PROPERTY DAMAGE E (Per aCCideM) GARAGE LIABILITY AUTO ONLY - FA ACCIDENT E ANY AUTO OTHER THAN EA ACC E AUTO ONLY AGG E A EXCESSAIMBRELLA LIABILITY EACH OCCURREN E E 1, 000, 000 X OCCUR ~ CLAIMS MADE AGGREGATE E 1 r 000 , 000 E DEDUCTIBLE Q V S X RETENTION S 0 E A WORKERS COMPENSATION AND ~ L M R EMPLOYERS' LIABILITY . D X TORY I TTS E y ANY PROPRIETORlPARTNERIEXECUTNE fe E.L. EACH ACCIDENT E 100, 000 OFFICER/MEMBER EXCLUDEDT H Yes ~~ ~~ ~(}~ o j• E.L. DISEASE -EA EMPLOYEE E 100 , 000 SPECIAL PROVISIONS tfalow I E.L. OfSEASE • POLICY IIMR E 500 r 000 p~ OTHER professional $1,000,000 Liability DESCRIPTION OF OPERATIONSILOCATKINSIVEHICLE3/EXCWSIONS ADDED BY ENDORSEMENTISPECUIL PROVSIONS The City oP Dubuque is an additional insured on general liability policies including ongoing G completed operations coverage equivalent to ISO CG 2010 0704 i CG 2037 0704. General Liability policy is primary 6 non-contributiag. Form CG 2504 0397 "Designated Locations" general liability aggregate limit is included. Governmental immunities endorsement is included. City of Dubuque 50 Weat 13th Street Dubuque, IA 52001 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER MALL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBUGATK)N OR LIABILITY OF ANY KIND UPON THE AUTHORIZED REPRESENTATNE ~a~.t/rcv ca ~wuuval ®ACORD CORPORATION 1988 INS025 (of oe) os AMS VMP Mortgage SOlutlans, Inc. {eoo)327-0545 Page ~ oI2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCWIMER 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. c ~h~ ~ ri~ prof Acolxc 2s ~2oovosl; INS0251o~oel.o5 AMS Paos 2 of z POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 25040397 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED LOCATION(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Location(s): ANY AND ALL COVERED LOCATIONS (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under COVERAGE A (SECTION I), and for all medical expenses caused by accidents under COVERAGE C (SECTION 1), which can be attributed only to operations at a single desig- nated "location" shown in the Schedule above: 1. A separate Designated Location General Aggregate Limit applies to each designated "location", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except dam- ages because of "bodily injury" or "property damage" included in the "products-completed operations hazard", and for medical expenses under COVERAGE C regardless of the num- ber of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Loca- tion General Aggregate Limit for that desig- nated "location". Such payments shall not re- duce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Location General Aggre- gate Limit for any other designated "lacation" shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Ex- pense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Location General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under COVERAGE A (SECTION 1), and for all medical expenses caused by accidents under COVERAGE C (SECTION 1), which can- not be attributed only to operations at a single designated "location" shown in the Schedule above: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Desig- nated Location general Aggregate Limit. CG 25 04 03 97 Page 1 of 2 CG 25 04 03 97 C. When coverage for liability arising out of the "products-completed operations hazard" is pro- vided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-Completed Operations Ag- gregate Limit, and not reduce the General Ag- gregate Limit nor the Designated Location Gen- eral Aggregate Limit. D. For the purposes of this endorsement, the Defi- nitions Section is amended by the addition of the following definition: "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. E. The provisions of Limits Of Insurance (SECTION III) not otherwise modified by this endorsement shall continue to apply as stipulated. Copyright, Insurance Services Office, Inc., 1996 Page 2 of 2 CG 25 04 03 97 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE 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 Name Of Additional Insured Person{s) Or Or anization s The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Location(s) Of Covered Operations Information re uired to com lete this Schedule, if not shown above, will be shown in the Declarations. A. Section Il -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. f'he acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insureds) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "piJNciiy da~l~uye" occurring aficr: CG 20 10 07 04 Page 1 of 2 1. All work, including materials, parts or equip- ment famished in connection with such work, on the project (other than service, maintenance or repairs} to be performed by or on behalf of the additional insureds) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person .or organization other than another contractor or subcontractor engaged in performing operations fora princi- pal as a part of the same project. Afl terms and conditions of this policy apply unless modified by this endorsement. Page 2 of 2 ©ISO Properties, Inc., 2004 CG 20 10 07 04 CITY OF DUBUQUE, IOWA GOVERNMENTAL IMMUNITIES ENDORSEMENT Nonwaiver of Governmental Immunity. The insurance carrier expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coverage. The insurance carrier further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurance carrier. 4. Non-Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the insurance carrier shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defenses} of governmental immunity asserted by the City of Dubuque, Iowa. No Other Chance in Policy The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN 1 of 1 January 2008