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HomeMy WebLinkAboutC08-282AGREEMENT FOR DIGITAL ORTHOPHOTOGRAPHY, LIDAR, AND CONTOUR GENERATION SERVICES BETWEEN COUNTY OF EAGLE, STATE OF COLORADO AND THE MERRICK & COMPANY THIS AGREEMENT is made effective October 7, 2008, by and between the Board of County Commissioners, County of Eagle, State of Colorado, (hereinafter referred to as "County"), and Merrick & Company, a Colorado corporation (hereinafter referred to as "Merrick" or "Contractor"). Recitals A. County desires to develop digital orthophotography, LIDAR and contours for specific locations within the County. B. Merrick has provided a scope of work, labeled Exhibit A and divided into Schedule 1 and Schedule 2, which demonstrates it is a professional contractor knowledgeable and experienced in conducting such contour/LIDAR mapping and digital orthophotography collection. C. County and Merrick intend by this Agreement to set forth the scope of the responsibilities of Merrick in connection with this contour mapping and digital orthophotograpliy and related terms and conditions to govern the relationship between County and Merrick. Agreement Therefore, for good and valuable consideration, including the promises set forth herein, the parties agree to the following: 1. Scope of the Work: A. Merrick shall provide all labor and materials to perform the work as set forth in Exhibit A and as otherwise called for or set out in those contract documents listed in Article 8 ("Contract Documents"), which are incorporated herein by reference, and except as modified hereunder. The work is generally described as providing labor, material and services to complete digital orthophotography and contour generation for specified lands within Eagle County and more specifically set forth in the attached Exhibit "A" Schedules 1 and 2 (hereafter "Scope of Work" or "Work"). The Scope of Work shall include orthophotography, LIDAR, and contours for all areas outlined in Mapl attached as Exhibit "B". The extents of the aerial orthophotography mapping and contour generation shall be based on Map 1 attached hereto as Exhibit "B", which is incorporated herein by reference. To the extent that the Scope or Work set forth herein may differ from or be inconsistent with the work set forth in Merrick's Proposal or other Contract Documents, the terms and conditions of this Agreement shall prevail. 2. Time of Performance: A. After County receives an executed contract and acceptable insurance certificates as required herein, Merrick shall begin the services to be performed under this Agreement within ten (10) calendar days after receipt of a Notice to Proceed from County. The County anticipates two distinct Notices to Froceed: one for the work to be performed as more fully described in Schedule 1, and one for the work to be performed as more fully described in Schedule 2. The work described in Schedule 1, the aerial photography flight, shall be completed on or before October 17, 2008. The work described in Schedule 2, the image processing and orthorectification, shall be completed on or before June 12, 2009. Merrick shall not commence work set forth in either Schedule 1 or Schedule 2 without receiving a Notice to Froceed for the corresponding Schedule. B. County may grant an extension of time for the completion of the Scope of Work, provided it is satisfied that delays or hindrances were due to causes outside Merrick's control, and provided that such extensions of time shall in no instance exceed the time actually lost to Memck by reason of such causes, and provided further that Merrick shall have given County immediate (as determined by the circumstances, but not exceeding 48 hours) notice in writing of the cause of the delay. 3. Compensation and Payment: A. County agrees to pay Merrick's for its services in performing the Scope of Work in accordance with the price quotes presented in Exhibit A "Scope of Work", Schedules 1 and 2. County shall pay Memck $200,000 for completing the LIDAR /Image Acquisition, Ground Control, LIDAR Boresight, and LIDAR Autofilter as more fully described in Schedule A for an amount not to exceed $200,000. County shall pay Merrick $131,398 for completing the LIDAR Hand Edit; Orthro Rectification (small area); Breakline Compiliation; Contour Generation QC, Edit; and Final and complete deliverables of rendered data. In total County shall pay an amount not to exceed $331,398 for the digital orthophotography, LIDAR, and contour generation services more fully described in Schedule 1 and Schedule 2. B. The funds appropriated for this project are equal to or in excess of the contract amount as set forth in the notice(s) to proceed. Notwithstanding anything to the contrary contained in this Agreement and Contract Documents, no charges shall be made to County nor shall any payment be made to Merrick in excess of the above amounts for any work done without the written approval of the County in accordance with a budget adopted by the Eagle County Board of County Commissioners in compliance with the provisions of Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. § 29-1-101 et seq.), and the TABOR amendment (Colorado Constitution, Article X, Sec. 20). County may issue multiple Notice(s) to Proceed in incremental stages as funding becomes available. C. Not more often than once a month, Merrick shall submit to County an application for payment filled out and signed by Merrick covering the work completed as of the date of the application, and accompanied by such supporting documentation as County may reasonably require. County agrees to pay Memck for satisfactory work within thirty (30) days of receipt of a properly documented invoice. D. Merrick shall maintain comprehensive, complete and accurate records and accounts of its performance relating to this Agreement for a period of three (3) years following final payment, which period shall be extended at County's reasonable request. County shall have the right within such period to inspect such books, records and documents upon demand, with reasonable notice and at a reasonable time. 4. Independent Contractor: It is expressly acknowledged and understood by the parties hereto that nothing contained in this Agreement shall result in, or be construed as establishing, an employment relationship. Merrick shall be, and shall perform as, an independent contractor. No agent, subcontractor, employee, or servant of Merrick shall be, or shall be deemed to be, the employee, agent or servant of County. Merrick shall be solely and entirely responsible for its acts and for the acts of Memck's agents, employees, and servants during the performance of this agreement. Merrick shall not represent, act, purport to act or be deemed the agent, representative, employee or servant of County. 5. No Assignment or Subcontracting: The parties to this Agreement recognize that in entering into this Agreement, County is relying upon the skill and reputation of Merrick. Therefore Merrick may not assign its interest in the Agreement, including the assignment of any rights or delegation of any obligations provided therein or subcontract the performance of any part of the Work, without the prior written consent of County, which consent County may withhold at its sole discretion. Any subcontractor(s) referenced in the SOW will be considered approved of and shall not need addition written consent authorizing their participation in the Work governed by this Agreement. Except as so provided, this Agreement shall be binding on and inure to the benefit of the parties hereto, and their respective successors and assigns, and shall not be deemed to be for the benefit of or enforceable by any third party. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Agreement. 6. Insurance: A. At all times during the term of this Agreement, Merrick shall maintain the following insurance: (i) Claims under Workmen's Compensations, disability benefits, and other similar employee benefit acts, with coverage and in amounts as required by the laws of the State of Colorado. (ii) General Liability Coverage in the amount of $2,000,000. (Combined personal injury/property damage limit) for coverage of claims for damage arising from the performance of services under this Agreement, including but not limited to personal injury or death, properly damage, and other damages imposed by law upon Memck with respect to all work performed by them (iii) Comprehensive Automobile Insurance in the amounts as required by the laws of the State of Colorado. (iv) Any other coverage required by State and Federal law or generally maintained in the industry of digital orthophotography, LIDAR, and contour mapping. B. Certificates of Insurance: Certificates of Insurance acceptable to the County shall be filed with the County prior to commencement of the Scope of Work. These Certificates shall contain provisions naming the County as an additional insured under Merrick's insurance and that coverage afforded under the policies will not be canceled until at least thirty days prior written notice has been given the County. 7. Indemnification: Merrick shall indemnify County for, and hold and defend County and its officials, boards, officers, principals and employees, harmless from, all costs, claims and expenses, including reasonable attorney's fees, arising from claims made by any person in connection with the performance of this Agreement to the extent such cost, claim and expense is caused by the negligent or willful acts or omissions of Merrick. 8. Contract Documents: The Contract Documents which comprise the entire Agreement are made a part hereof, and consist of the following. There are no Contract Documents other than those listed below in this Article 8. The Contract Documents may only be altered, amended, or repealed by an executed, written amendment to this Agreement. A. This Agreement; B. Merrick's Scope of Work attached hereto as Exhibit "A"; C. Map 1 attached hereto as Exhibit "B"; D. Any amendments or modifications duly executed after adoption of this Agreement 9. Merrick's Representations: In order to induce the County to enter into this Agreement, Merrick makes the following representations: A. Merrick has familiarized itself with the nature and extent of this Agreement and the Contract Documents, Scope of Work, locality, and with all local conditions, and federal, state, and local laws, ordinances, rules and regulations that in any manner may affect the cost, progress, or performance of the Scope of Work. B. Merrick shall be responsible for having taken steps reasonably necessary to ascertain the nature and location of the Scope of Work, and the general and local conditions which can affect the Scope of Work or the cost thereof. Any failure by Merrick to do so will not relieve it from responsibility for successfully performing the Scope of Work without additional expense to the County. Merrick acknowledges that County assumes no responsibility for any understanding or representations concerning conditions made by any of its officers, employees or agents prior to the execution of this Agreement, unless such understanding or representations are expressly stated in this Agreement. C. Merrick has made, or caused to be made, examinations, investigations, and tests and studies as it deems necessary for the performance of the Scope of Work at the contract price, the contract time, and in accordance with other terms and conditions of this Agreement and the Contract Documents. D. Merrick shall be responsible for the completeness and accuracy of the Scope of Work and shall correct, at its sole expense, all errors and omissions therein. The fact that County has accepted or approved the Scope of Work shall not relieve Memck of any if its responsibilities under this Agreement. E. Merrick shall perform the Scope of Work in a skillful, professional and competent manner and in accordance with the standards of care, skill, and diligence applicable to other contractors performing this type of work. 10. Notices: Any notice required under this Agreement shall be personally delivered or mailed in the United States mail, first class postage prepaid, to the appropriate party at the following addresses: Merrick: County: Brian W. Holzworth, GISP Project Manager; GeoSpatial Solutions Merrick & Company 2450 South Peoria St. Aurora, CO 80014-5475 Tel: (303)353-3952 Fax: (303)751-2581 Amy Keeley Eagle County GIS Department P.O. Box 850 500 Broadway Eagle, CO 81631 Tel: (970) 328-3552 Fax: (970) 328-8789 with a copy to: Kyle Weber County Attorney's Office P.O. Box 850 500 Broadway Eagle, CO 81631 Tel: (970) 328-8685 Fax: (970) 328-8699 Written notices shall be delivered personally, by commercial messenger service or by prepaid U.S. mail. Notices also may be given by facsimile transmission provided an original is also promptly delivered. 11. Termination: A. The performance of the Scope of Work may be terminated at any time in whole or in part by County at its convenience. Any such termination shall be effected by delivery to Merrick of a written notice of termination specifying the date upon which termination becomes effective. In such event, Merrick shall be compensated for all work completed up to the date of termination. B. If Merrick defaults or neglects to carry out the Scope of Work in accordance with this Agreement and fails within a five (5) day period after receipt of written notice from the County to correct such default or neglect with diligence and promptness, the County may, without prejudice to other remedies, correct such deficiencies. In such case, a deduction for the cost of correction shall be taken from payments due Merrick. 12. Provision Mandated by House Bill 1343: Prohibitions on Public Contract for Services: A. The Contractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services; or enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. B. The Contractor shall confirm or attempt to confirm through participation in the Basic Pilot Verification program, as administered by the United States Department of Homeland Security, that the Contractor does not employ any illegal aliens. If the Contractor is not accepted into the Basic Pilot Verification Program prior to entering into a public contract for services, the Contractor shall apply to participate in the Program every three months until the Contractor is accepted or the public contract for services has been completed, whichever is earlier. Information on applying for the Basic Pilot Verification Program can be found at: https:l%www.vis-dhs.com\employerre~istration C. The Contractor shall not use the Basic Pilot Verification Program procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed. D. If the Contractor obtains actual knowledge that a Subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Contractor shall be required to: i. Notify the Subcontractor and the County within three days that the Contractor has actual knowledge that the Subcontractor is employing or contracting with an illegal alien; and ii. Terminate the Subcontract with the Subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (d) the Subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the Subcontractor if during such three days the Subcontractor provides information to establish that the Subcontractor has not knowingly employed or contracted with an illegal alien. E. The Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority. F. If a Contractor violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated, the Contractor shall be liable for actual and consequential damages to the County. 13. Miscellaneous: A. Merrick shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement on the basis of race, color, religion, national origin, sex, ancestry, physical handicap, age, political affiliation or family responsibility. B. The making, execution and delivery of this Agreement by the parties hereto has not been induced by any prior or contemporaneous representation, statement, warranty or agreement as to any matter other than those herein expressed. 'This Agreement and the Contract Documents embody the entire understanding and agreement of the parties, and there are no further or other agreements or understandings, written or oral, in effect between them relating to the subject matter hereof. This Agreement may not be amended, including by any modification of, deletion from or addition to the Scope of the Work, except by a written document of equal formality executed by both parties hereto. C. This Agreement shall be governed by and construed in accordance with the internal laws of the State of Colorado, without reference to choice of law rules. The parties agree that venue in any action to enforce or interpret this Agreement shall be in the District Court in the 5~' District for the State of Colorado. D. This Agreement does not and shall not be deemed to confer upon or grant to any third party any right enforceable at law or equity arising out of any term, covenant, or condition herein or the breach thereof. E. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed as if such invalid or unenforceable provision was omitted. F. In the event of litigation between the parties hereto regarding the interpretation of this Agreement or the Contract Documents, of the obligations, duties or rights of the parties hereunder, or if suit otherwise is brought to recover damages for breach of this Agreement, or an action be brought for injunction or specific performance, then and in such event, the prevailing party shall recover all reasonable costs incurred with regard to such litigation, including reasonable attorney's fees. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. i~w~ o,~, ATTES ~ ~ ~btc Clerk to the oard of County Commissi ~-t : OIt~PvCti OF EAGLE, STATE OF RADO, By and Through Its BOARD OUNTY COMMISSIONERS Y~ Peter F. Runyon, Chairman Merrick and Company By: L~~ STATE OF COLORADO ss: COUNTY OF ~ ah~~ The foregoing instrument was acknowledged before me by ~~ „~,~~..Y, this ~ day of ~~-~~.~- , 2008. _~ _My commissio pires:~ - S"'3o / / ~: f ~' Notary Public ~N M. Rye ~ ....~ ~ • . • . • •~ s~9.',oVBL~G ~ Pao TFOF COLO~ My Commissbn E~ires_`1.~:~~/' EXHIBIT A SCOPE OF WORK The following outline provides a description of the significant procedures/milestones that will occur throughout the County of Eagle, CO project. The lump sum fee for County of Eagle, CO's 311 square miles will be $331,398. The associated costs for this project are based on performing a total of 639.46 square miles for the consortium. Prior to data acquisition, should a partner of the consortium decided to withdraw, reducing the overall square mileage significantly, costs will be re-negotiated and adjusted accordingly. Subsequently should a new member join the consortium and increase the overall square mileage significantly, costs will be re-negotiated and adjusted accordingly. Project Implementation A project "kick-off' meeting will be held between all partner agencies, North Line GIS and Merrick to review all technical and administrative aspects of the project. Before the "kick-off' meeting, an agenda will be provided to all partner agencies. The specific topics to be addressed include: ^ Review the proposed flight and ground control scheme and modify as necessary to meet project requirements ^ Discuss/review tiling requirements ^ Review positional accuracy requirements ^ Determine acceptance criteria for all deliverable products ^ Identify points of contact and develop communication protocol ^ Develop status report requirements ^ Review invoicing procedures 3. A goal of this meeting is to assist all partner agencies in understanding the scope of work. Project Setup 1. In order to prepare the initial start up documentation, all of the action items identified during the "kick-off' meeting will be resolved. 2. Merrick's project manager will develop internal, project specific documentation as a reference for the production staff. This Project Summary outlines the scope of work, project specifications, deliverables, project schedule, technical procedures, and quality assurance. During this step, we will prepare the production facilities for the project. The primary tasks being integrated in preparation of beginning the project are: ^ Scheduling of resources (equipment and personnel) ^ Customizing in-house software tools, as necessary ^ Flow charting the unique production process ^ Developing project specific QC checklists for each department 10/3/2008 4. A project of this magnitude requires astart-up period of approximately two weeks. Once the information is gathered and/or tested, the team is ready to begin the next step of the project. 5. Once all of the project startup meetings are completed, Merrick's project manager will hold an internal "kick-off' meeting to disseminate all of the required project information to the technical leaders that will be working on this project. GPS Control Merrick proposes to use photo identification techniques to obtain ground control. This is a methodology where physically identifiable ground features (i.e., manholes, sidewalk intersections, etc.) are coordinated with x, y, and z values. We propose this methodology to save time and cost, while achieving the same accuracies as through new or existing monuments. Savings are achieved through the elimination of paneling material, panel maintenance, and post-flight panel removal. Regardless of maintenance efforts, vinyl panels can be destroyed before flight, thus requiring additional photo identification points after the photography has been acquired. Panels will be placed only in those portions of the project where photo identifiable features do not exist. Merrick will collect a total of 70 ground control points throughout the entire project area. 2. The final coordinate values will be based on the Colorado State Plane Coordinate System, Central Zone, North American Datum 1983 (NAD 83/07) in U.S. Survey Feet. Final elevation values will be referenced to the North American Vertical Datum of 1988 (NAVD88). Airborne GPS Additional photo control will be achieved through the use of Airborne GPS (AGPS) technology. To complete this portion of the project, Merrick will provide base station support during aerial acquisition. Differential GPS calculations between the base stations and airborne receivers provide positional data (x, y, and z) for each photo center at the time of exposure. All ground and airborne data (AGPS) is subsequently input to the triangulation adjustment to control the imagery. 2. The AGPS technology will record the event of the camera, at the instant of exposure using dual frequency P-code GPS receivers. This allows the implementation of the survey to be completely integrated with our photogrammetric process. Because of the precise nature of AGPS procedure, the accuracy of the horizontal and vertical positions of the photo centers will be X13 cm (0.3') horizontally and X15 cm (0.5') vertically (worst case). These tolerances are suitable for supporting the 1 "= 100' scale National Map Accuracy Standards. The accuracy standards horizontally for this project are +/- 3.3 feet Circular Map Accuracy Standard (CMAS) at 90% confidence and vertically +/- 1 foot at 90% confidence. Eagle County may reject any single orthophotos deliverable if the spatial accuracy fails to meet the 1" = 100' scale National Map Accuracy Standards or if the imagery does not meet the ground accuracy standards. 10/3/2008 2 LIDARJDigital Imagery 1. Merrick will collect LIDAR data at a 2 meter ground sample distance (GSD). Data of this density will be more than sufficient to support the generation of 2' contours. The LIDAR data will be filtered to bald earth and canopy (above ground) features and will meet .las 1.1 criteria. Breaklines will be collected to enforce the DTM for 2' contour generation. 2. Digital imagery will be collected by Aerial Surveys International out of Watkins Colorado utilizing their large format DMC digital camera. The ground resolution of the resulting orthophotos will be 0.5 foot pixel resolution. The orthophotos will be rectified to the LIDAR surface. The imagery will be edited to represent a seamless, aesthetically pleasing mosaic. Imagery that is not considered to be a seamless, aesthetically pleasing mosaic may warrant rejection by Eagle County. This may occur if any portion of a single orthophoto deliverable fails in any of the eight categories listed below: a. Edee-matchin - Reject if edge-match of features is more than a 6.66 pixel shift - Accept if edge-match of features is a 6.66 pixel shift or less b. Radiometric Consistencv - Reject if no radiometric corrections have been applied to imagery. Reject if sharp contrast is visible at photo seams. Reject if there are significant radiometric differences among photographs. - Accept if photo seams are blended to a smooth seam. Accept if there are only minor radiometry differences. Accept if radiometry is consistent among photographs. c. Brightness and Contrast - Reject if ground features aren't interpretable in bright areas. - Accept if all features in bright areas are interpretable. d. Shadows - Reject if ground features aren't interpretable in shadow areas - Accept if most features in shadow areas are interpretable. e. Artifacts /Scratches - Reject if artifacts and scratches are present. - Accept if no artifacts and scratches are present. f. Seams Runnin through Buildings - Reject if seam lines run through buildings. - Accept if seams are routed around buildings. g. Warped Bridges and Buildings - Reject if bridges and the ground under the bridge are not true orthorectified correctly and they appear warped. Reject if any building appears warped. - Accept if bridges and the ground under the bridge are true orthorectified correctly and do not appear warped. Accept if all buildings appear correctly and are not warped. h. Smeared Terrain - Reject if photograph appears blurry or smeared due to steep terrain. - Accept if photographs of areas with steep terrain do not appear blurry or smeared. 10/3/2008 3 Client Responsibilities The following lists the information and responsibilities required of Client: • Provide any assistance necessary for private property access to control points/monuments. • Provide Merrick with any existing control data within the respective areas of interest. • Provide Merrick with timely review, feedback and acceptance of project deliverables. Deliverables Aerial Imagery 1. Flight line and Check Point Diagram AGPS Check Point Survey 1. One (1) set of ASCII GPS coordinates used as "check points" for the AGPS. 2. One (1) set of GPS check points in shape file format. Digital Orthophotography 1. One (1) set of color .5' pixel Digital Orthophotography on DVD in TIFF format with associated Tiff world files. One (1) set of color .5' pixel Digital Orthophotography on DVD in MrSID format with associated spatial world file information. LIDAR 1. Shapefile of the flight plan. 2. Final classified (filtered) DSM (bare-earth) in binary (.las) /ASCII format. 3. Canopy data in binary (.las)1 ASCII format (vegetation/building). 4. Intensity return data in binary (.las) /ASCII format. 5. Breakline enforced DTM in and ASCII format. 6. Copy of Merrick Advanced Remote Sensing Software Topography 1. One (1) set of the final Digital Terrain Model (with breaklines) in an ASCII format suitable for importing into an ESRI format. 2. Final edited 2-foot contours including elevation annotation in ArcInfo coverage format on CD- ROM. 10/3/2008 4 Overall Projected Schedule & Cash Flow The below schedule is based on performing the tasks across the entire project area. Merrick will work to accommodate any specific scheduling needs. Mapping Task Finish Invoice Amount Invoice Date Schedule 1 1. LIDAR /Image Acquisition 10/17/08 2. Ground Control 10/17/08 $200,000 1117/08 3. LIDAR Boresight 12/5/08 4. LIDAR Autofilter 12/26/08 Schedule 2 5. LIDAR Hand Edit 1/23/09 $65,891 1/30/09 6. Ortho Rectification 3/20/09 $21,684 3/27/09 7. Breakline Compilation 5/8/09 $28,763 5/22/09 8. Contour Generation QC, Edit 6/5/09 $15,096 6/26/09 9. Final Deliverables 6/12/09 Total Invoiced $331,398 10/3/2008 5 EXHIBIT B MAP 1 to Client#: 8148 MERCOM ACORD CERTIFICATE OF LIABILITY INSURANCE °~"' ~, ~oiosios PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Van Gilder Insurance Corp. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 700 Broadwa Suite 1000 y HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR , ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Denver, CO 80203 303 837-8500 INSURERS AFFORDING COVERAGE INSURED INSURER A: Hartford Casualty Insurance Merrick & Company INSURER B Hartford Twin City Fire Ins 2450 S. Peoria St. INSURER c: American International Specialty L Aurora, CO 80014 INSURER D: Lexington Insurance Company (AIG) 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 LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDD POLICY EXPIRA710N ATE MM/DD LIMITS A GENERAL LIABILITY 34UUNRA4106 11/01/07 11/01/08 EACH OCCURRENCE $1 OOO OOO X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $300000 CLAIMS MADE ~ OCCUR MED EXP (Any one person) $10 ()0~ PERSONAL 8 ADV INJURY $1 OOO OOO GENERAL AGGREGATE $2 000 OOO GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS -COMP/OPAGG $2 000 OOO POLICY jE ~ LOC A AUT OMOBILE LIABILITY 34UENTX5483 11/01107 11/01/08 COMBINED SINGLE LIMIT X ANY AUTO (Ea aoadent) $1 ~~~~~~~~ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ C EXCESS LIABILITY BE7274991 11/01/07 11/01108 EACH OCCURRENCE $5 000 OOO X OCCUR ~ CLAIMS MADE AGGREGATE $5 OOO OOO DEDUCTIBLE $ X RETENTION $10000 $ B WORKERS COMPENSATION AND 34WBRF8428 11/01/07 11/01/08 ~( WCSTATU- OTH- EMPLOYERS' LIABILITY E L EACH ACCIDENT $1,000,000 E.L DISEASE -EA EMPLOYEE $1,000,000 EL DISEASE-POLICY LIMIT $1,000,000 D OTHER professional lability laims Made 5766395 04/07/08 04/07/09 $2,000,000 per claim $4,000,000 annl aggr. DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS *Except 10 days notice for non-payment of premium. Eagle County Colorado Attn: Amy Keeley 500 Broadway Eagle, CO 81631 SH OULD ANYOF TH E A80VE D ESCRIBED POLICIES B E CANCELLED BE FORE TH E EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL3_QDAYSWRITTEN NOTICE TOTHE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TODOSOSHALL IM POSE NO OBLIGATION OR LIABILITYOF ANY KIND UPON TH E INSURER,ITS AGENTS OR A HORIZED REPRESENTATIV ACORD 25S (7/97)1 Of 2 #S547256/M526894 MQG ©ACORD CORPORATION 1988 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD25-S(7/97)2 of 2 #S547256/M526894 OFFICE OFTHE COUNTY ATTORNEY (970)328-8685 FAX: (970) 328-8699 www.eaglecounty.us ~f~GL~ COUNTY NOTICE TO PROCEED By Facsimile and Certified Mail Date: October 6, 2008 Company: Merrick & Company Attention: Brian Holzworth Subject: Notice to Proceed Schedule 1 -Agreement for Digital Orthophotography, LIDAR, and Contour Generation Service for Eagle County, Colorado Dear Brian Holzworth: You are hereby authorized to proceed on Schedule 1 of the above referenced contract following receipt of this Notice to Proceed by facsimile. This contract calls for all work to be completed by October 17~', 2008. Sincerely, Amy Keeley Eagle County GIS Department Enclosure CC: Tom Johnson, Eagle County Director of Public Works Kyle Weber, Assistant County Attorney Eagle County Building, 500 Broadway, P.O. Box 850, Eagle, Colorado 81631-0850