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CAG2020-060 - Original - Nadar Aeriel Imaging, LLC - Green River, Mill Creek & West Hill Reservoir - Ariel Drone Photography - 02/13/2020
Agreement Routing Form • For Approvals,Signatures and Records Management This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. KEN T WASHINGTON (Print on pink or cherry colored paper) Originator: Department: Kathi Kilborn for Chris Wadsworth Public Works Environmental Engineering Date Sent: Date Required: > 02/14/2018 02/19/2020 O L Q Authorized to Sign: Date of Council Approval: 0 Director or Designee ❑Mayor Q Budget Account Number: Grant? ❑Yes 0 No 44005240.64952.7810 Budget? ❑Yes ❑No Type: Vendor Name: Category: Nadar Aerial Imaging, LLC Goods and Servicse Contract Vendor Number: Sub-Category: C 1982972 O Project Name: Green River, Mill Creek, West Hill Reservoir Aerial Drone Photography E L � Project Detaiis:Aerial drone photography for the Green River, Mill Creek Re-establishment and West Hill Reservoir C 41 E Agreement Amount: $8,035.00 Basis for Selection of Contractor: O Start Date: 02/13/2020 Termination Date: 12/31/2020 v+ Q Local Business? ❑Yes 0 No* *Ifineets requirements per KCC3.70.700,please complete"Vendor Purchase-Local Exceptions"form on Cityspoce. Notice required prior to disclosure? Contract Number: 0 Yes 0 No 44005240.64952.7810 Date Received by City Attorney: Comments: a1 C 3 3 0 •� i M Ch Date Routed to the Mayor's Office: V1 Date Routed to the City Clerk's Office: Visit Documents.KentWA.gov to obtain copies of all agreements KENT w>s"ir+oTon GOODS & SERVICES AGREEMENT between the City of Kent and Nadar Aerial Imaging, LLC THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Nadar Aerial Imaging, LLC organized under the laws of the State of Washington, located and doing business at 1425 Broadway, Suite 22236 Seattle, WA 98122 / Phone: (877) 516-2327 Contact: Steve Brady (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: The Vendor shall provide aerial drone photography for the Green River, Mill Creek Reestablishment and West Hill Reservoir. For a description, see the Vendor's Scope of Work which is attached as Exhibit A and incorporated by this reference. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by December 31, 2020. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Eight Thousand Thirty-Five Dollars ($8,035.00), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: Vendor shall be paid after execution of agreement and submittal of invoice. See Exhibit B for charges. If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. GOODS & SERVICES AGREEMENT - 1 ($20,000 or Less, ind. WSST) A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor GOODS & SERVICES AGREEMENT - 2 ($20,000 or Less, including WSST) waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the GOODS & SERVICES AGREEMENT - 3 ($20,000 or Less, including WSST) City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when Vendor knows or should have known of the defect, or (2) upon Vendor's receipt of notification from the City of the existence or discovery of the defect. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference. GOODS & SERVICES AGREEMENT - 4 ($20,000 or Less, including WSST) XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may GOODS & SERVICES AGREEMENT - 5 ($20,000 or Less, including WSST) be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City`s duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. VENDOR: CITY O NT: n ' By: '\/V By: (signature) �y sig ature) Print Name: �f ► bvo's Print Name: Timothy J. LaPorte, P.E. Its: ), Its: Public Works Director t DATE: t ti � DATE: 2 1 J?' NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Steve Brady Timothy J. LaPorte, P.E. Nadar Aerial imaging, LLC City of Kent 1425 Broadway, Suite 22236 220 Fourth Avenue South Seattle, WA 98122 Kent, WA 98032 (877) 516-2327 (telephone) (253) 856-5500 (telephone) N/A (facsimile) (253) 856-6500 (facsimile) ATT7uvv� � 1 f Kent City Clerk Nadar Aerial Imaging L'C Drone Photography Contract GOODS & SERVICES AGREEMENT - 6 ($20,000 or Less, including WSST) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. For: R Title: -'�ti �V� ' n Date: EEO COMPLIANCE DOCUMENTS - 1 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 EXHIBIT A Scope of Work #1303 NADAR 1.1 Client and Project Information Name of Client/Organization ---_..._.. Name of Project City of Kent Green River& MM Creek Name of Contact Person Project Location(s) Date Chris Wadsworth 11 Sites - Attached 1120120 Contact's Mailing Address City State 220 Fourth Ave S Kent WA City :EWA ate Postal Code E-mail Address of Contact Person Kent !98032 cwadsworth@KentWA. ov Telephone Number Ext. Fax Number 253 856-5580 - 1.2 Project Description: Aerial images for orthorectified orthomosaic maps and low altitude(<100ft) oblique ("beauty shots") images of the 11 attached locations. Low altitude images to capture the basic geometry and current condition of sites from various angles & altitudes. 3600 video clips from 3 different altitudes at one location (schedule 8). Orthomosaic maps with 1 in/px GSD or better. Green River portion to be divided into 8 sections as previously done. Work to be performed within 14 business days of approval, weather permitting. Operations will strictly adhere to ALL FAA part 107 regulations. All operations performed in controlled airspace will have FAA authorization prior to flying. Flights will only be over City of Kent properties and/or, ROW, easements or other public property. 1.3 Pre-operation work, FAA authorizations/waivers completed to date (or) required: Mission planning and areas of interest/POIs will be coordinated with project manager. Any required FAA filings will be conducted prior to any flights. Nadar will obtain all necessary FAA authorizations and/or waivers. Nadar will monitor and adhere to any changes in FAA part 107 regulations and/or guidelines. 1.4 Timeline of Project: Start Work: Mission date(s): Deliverables Date: End Work: Upon approval Mid-February 4 business days End-February 1.S Deliverables: Up to 300 digital images - (3:2 size, .JPG, auto exp & WB) for oblique images. No post processing, file naming, or editing required. 18 - Orthomosaic maps with 1 in/px GSD or better. Delivered as orthorectified image in Geo TIFF format with WA State Plane Coordinates embedded & Orthorectified]PEG image. 3 - 4K, 30 fps high resolution 3600 view video clip, approx. 30 seconds each. 1.6 Additional Requirements and /or Conditions: All pilots will be part 107 certified and fully insured with up to $2 million limit. Increased coverage is possible at additional charge. No flights shall be conducted in controlled airspace without FAA authorization. No flights will be performed over adjacent private property, only over city owned property or ROW. Signed: Signed: (Client) (Nadar Imaging LLC) Date: Date: Page 1 of 7 <. 0 1,000 2,000 4,004 FEET 1 WN=20W FEET 76th AVE FROM MILL BLUE ORIGIN . _ CREEK TO 212th ST UP TO 212th x . 232nd ST DITCH LITTLE PROPERTY KENNEBECK AVE FROM . SMITH ST TO JAMES ST KENT SENIOR ACTIVITY CENTER k UPPER MILL CREEK DAM .. Janua Aerial Imagery Sites Map �+2nd,2020 Page 2 of 7 4 '! � z r r 1 _ �.. �P5 � pow - 1 • • . X F 3 y 71 , it S ` �._.__._.. i • op Y r r srYi- *i till w� wFRIAMON 1-7 Little Property V Am t� r �- e • �, II I _ 7 'i ... �a AA � � •ate ,� ,� � �i° _3`` r. , . �y w y� 1 „910' 45 1 rw Al lw i A t T ' W . w 111 7F . , a r r, .. F , umco Upper MID Creek Dam M Google Farth y a i 4 1► fir, � �,M:1' N ►' �} ' . w Schedule Frankford Schedule S712Ct � 111 V x t � • :�2"73"P1 s U <nS�2`15PI'. N 9�s�•` �;Os� �� Q 5216 St F2,vcrview Bi_vd_S _ +7.1Cr ice,, i West Hill Reservoir GPS coordinates I I I • •• -122.285316 h i 4 � 9 • # EXHIBIT B Estimate # 1303 =` NA AR Billing Address Service Address Send Payment To Total $8,035.00 City of Kent PW Mill Creek& Green River Nadar Imaging 220 4th Avenue South Project 1425 Broadway#22236 Payments $0.00 Kent WA 98032 11 Different Locations Seattle Washington 98122 Balance $8,035.00 253.856.5543 Kent WA 98032 877.516.2327 cwadsworth@kentwa.gov office.admin@nadar.us 253.856.5543 Contact: Chris Wadsworth Scope of Work Aerial images-Low altitude(<100')oblique/"beauty shots"of 11 different locations within the city of Kent.Images to capture the basic geometry and current condition of site(s)from multiple angles and altitudes. Orthorectified orthomosaic maps with 1 in/pxGSD or better for each location. 360°video clips at one location from 3 different altitudes.(125', 145',& 165') file: City of Kent SOW 1303.PDF Charges Item Description Unit Cost Tax Quantity Line Total Services Schedule A $426.00 1.0 $426.00 Data Acquisition& Post Processing-76th Ave. S-from Mill Creek trail to 212th St-High Resolution Aerial Imaging for use in generating orthomosaic map of approximate .5 mile stretch of road and adjacent property.And up to 25 low altitude oblique images showing the basic geometry and current condition of site from multiple angles and altitudes(<100ft). Included, post processing-Create Orthomosaic map with 1 in/px GSD or better for entire area. Delivered as orthorectified image in GeoTIFF format with WA State Plane Coordinates embedded &Orthorectified JPEG image. Services Schedule A $638.00 1.0 $638.00 Data Acquisition& Post Processing-Blue Origin-from S. 220th St to 212th St-High Resolution Aerial Imaging for use in generating orthomosaic map of approximate 70 acre site.And up to 25 low altitude oblique images showing the basic geometry and current condition of site from multiple angles and altitudes(<100ft) . Included,post processing-Create Orthomosaic map with 1 in/px GSD or better for entire area. Delivered as orthorectified image in GeoTIFF format with WA State Plane Coordinates embedded &Orthorectified JPEG image. Services Schedule A $491.00 1.0 $491.00 Data Acquisition& Post Processing-232nd ST Ditch-High Resolution Aerial Imaging for use in generating orthomosaic map of approximate.5 mile stretch of road and adjacent property.And up to 25 low altitude oblique images showing the basic geometry and current condition of site from multiple angles and altitudes(<100ft) . Included, post processing-Create Orthomosaic map with 1 in/px GSD or better for entire area. Delivered as orthorectified image in GeoTIFF format with WA State Plane Coordinates embedded &Orthorectified JPEG image. KSEA class D controlled airspace. FAA ***Controlled Airspace KSEA class D,400ft maximum altitude. FAA $0.00 1.0 $0.00 Authorization authorization is required*** Application Services Schedule A $550.00 1.0 $550.00 Data Acquisition& Post Processing-Little Property-Parcel(s) #1822059022, 1822059023,& 1822059098-High Resolution Aerial Imaging for use in generating orthomosaic map of approximate 24 acre site.And up to 25 low altitude oblique images showing the basic geometry and current condition of site from multiple angles and altitudes(<100ft). Included,post processing-Create Orthomosaic map with 1 in/px GSD or better for entire area.Delivered as orthorectified image in GeoTIFF format with WA State Plane Coordinates embedded&Orthorectified JPEG image. Services Schedule A $416.00 1.0 $416.00 Data Acquisition&Post Processing-Kenne beck Ave-from Smith STto James ST. High Resolution Aerial Imaging for use in generating orthomosaic map of approximate .25 mile stretch of road and adjacent property.And up to 25 low altitude oblique images showing the basic geometry and current condition of site from multiple angles and altitudes(<100ft) . Included,post processing-Create Orthomosaic map with 1 in/px GSD or better for entire area.Delivered as orthorectified image in GeoTIFF format with WA State Plane Coordinates embedded &Orthorectified JPEG image. Services Schedule A $423.00 1.0 $423.00 Data Acquisition&Post Processing-Kent Senior Activity Center-High Resolution Aerial Imaging for use in generating orthomosaic map of<20 acre site.And up to 25 low altitude oblique images showing the basic geometry and current condition of site from multiple angles and altitudes(<100ft) . Included,post processing-Create Orthomosaic map with 1 in/px GSD or better for entire area.Delivered as orthorectified image in GeoTIFF format with WA State Plane Coordinates embedded&Orthorectified JPEG image. Services Schedule A $560.00 1.0 $560.00 Data Acquisition& Post Processing-Upper Mill Creek Dam-High Resolution Aerial Imaging for use in generating orthomosaic map of approximate 26 acre site.And up to 25 low altitude oblique images showing the basic geometry and current condition of site from multiple angles and altitudes(<100ft) . Included,post processing-Create Orthomosaic map with 1 in/px GSD or better for entire area.Delivered as orthorectified image in GeoTIFF format with WA State Plane Coordinates embedded&Orthorectified JPEG image. Services Schedule A $3,081.00 1.0 $3,081.00 Data Acquisition&Post Processing-Green River-High Resolution Aerial Imaging for use in generating 8 sectional orthomosaic maps 1.1 in/pixel GSD or better of 13.2 mile stretch of the Green River.From Horseshoe Bend up to Briscoe-Desimone. Included,post processing-Create Orthomosaic map with 1 in/px GSD or better for entire area.Delivered as orthorectified image in GeoTIFF format with WA State Plane Coordinates embedded&Orthorectified JPEG image. FAA ***Controlled Airspace KSEA class D,400ft maximum altitude.FAA $0.00 1.0 $0.00 Authorization authorization is required*** Application Services Schedule A $540.00 1.0 $540.00 Data Acquisition&Post Processing-Matelich-High Resolution Aerial Imaging for use in generating orthomosaic map of approximate 22 acre site.And up to 25 low altitude oblique images showing the basic geometry and current condition of site from multiple angles and altitudes(<100ft) . Included,post processing-Create Orthomosaic map with 1 in/px GSD or better for entire area.Delivered as orthorectified image in GeoTIFF format with WA State Plane Coordinates embedded &Orthorectified JPEG image. Services Schedule A $560.00 1.0 $560.00 Data Acquisition&Post Processing-Frankford-High Resolution Aerial Imaging for use in generating orthomosaic map of approximate 26 acre site.And up to 25 low altitude oblique images showing the basic geometry and current condition of site from multiple angles and altitudes(<100ft). Included,post processing-Create Orthomosaic map with 1 in/px GSD or better for entire area.Delivered as orthorectified image in GeoTIFF format with WA State Plane Coordinates embedded&Orthorectified JPEG image. Services Schedule a $350.00 1.0 $350.00 Data Acquisition-West Hill Reservoir approx. GPS-47.379566,- 121.285316-High Resolution 4k-30fps aerial video clips. 1 each 360° video clips from 125', 145',&165'AGL No editing required. Subtotal $8,035.00 Tax $0.00 Total $8,035.00 N otes 2-4 business day turnaround on work products unless stated otherwise All Pilots are FAA Part 107 Certified We do not fly in controlled airspace without FAA authorization (doing so voids pilot insurance) All Pilots carry minimum 2M Liability& Property Damage Insurance increasable to up to $10M Client retains ownership of work products Satisfaction guaranteed Terms Net 30 EXHIBIT C INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Aviation Liability Insurance for Unmanned Aerial Vehicles on an occurrence basis, including products and completed operations and bodily injury. This coverage may also be provided by endorsement to a Commercial General Liability policy. 3. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 4. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. EXHIBIT C (Continued) 2. Aviation Liability with limits no less than $1,000,000 per occurrence, and $2,000,000 in the aggregate. This coverage may also be provided by endorsement to a Commercial General Liability policy. 3. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. EXHIBIT C (Continued) F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. ACo O6/03//2019 CERTIFICATE OF LIABILITY INSURANCE DATE(M ) 019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. 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). PRODUCER CONTACT Lindsay Webber NAME: Del Duke Insurance Group PA,CNNo Ext: (856)424-7960 FAX No (856)424-0234 1190 Marlkress Rd. E-MAIL lindsay@protectwhatyouhave.com ADDRESS: PO BOX 2025 INSURER(S)AFFORDING COVERAGE NAIC# Cherry Hill NJ 08034-0142 INSURERA: Travelers Cas.&Surety of IL 19046 INSURED INSURER B NadarAerial Imaging,LLC INSURERC: 1425 Broadway INSURER D: #22236 INSURER E Seattle WA 98122 INSURER F COVERAGES CERTIFICATE NUMBER: CL196307669 REVISION NUMBER: THIS IS TO CERTIFY THAT 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADUL bUbR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DDIYYYY MMIDDIYYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE �OCCUR DAMAGE 300,000 PREMISES Ea occurrence $ MED EXP(Any one person) $ 5,000 A Y 680-OL500539-19-42 06/13/2019 06/13/2020 PERSONAL&ADV INJURY $ 11000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY ❑ PRO ECT ❑LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident ANYAUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED 680-OL500539-19-42 06/13/2019 06/13/2020 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LIAR OCCUR EACH OCCURRENCE $ 14EXCESS LAB CLAIMS-MADE AGGREGATE 5 DED I I RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? N I E.L.EACH ACCIDENT $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate Holder listed below is named as an Additional Insured on the General Liability policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. 220 Fourth Ave S. AUTHORIZED REPRESENTATIVE Kent WA 98032 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 680-OL500539-19-42 ISSUE DATE: 05/03/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of person or organization: CITY OF KENT 220 FOURTH AVE S. KENT WA 98032 WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your acts or omissions. CG T4 91 11 88 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 CERTIFICATE OF INSURANCE This certificate is given as a matter of information only and confers no rights upon the certificate addressee. Date: March 15,2019 This is to certify to: That the following policy has been issued to: City of Kent NADAR AERIAL IMAGING,LLC 220 Fourth Ave S. 1425 Broadway Kent,WA 98032 #22236 Seattle,WA 98101 Policy No.9016649 issued by one or more member companies of Global Aerospace Pool through Global Aerospace,Inc. Policy Period:from March 14,2019 to March 14,2020 Policy Territory:Worldwide AIRCRAFT LIABILITY Coverages Limits of Liability Single Limit Bodily Injury and Property Damage $2,000,000 Each Occurrence Including Passengers Third Party War Liability $2,000,000 Aggregate AIRCRAFT PHYSICAL DAMAGE Policy includes Physical Damage Coverage including war risk with insured values as set forth in the policy. Aircraft Description: All aircraft owned or operated by the Named Insured Aircraft Covered: All unmanned aircraft owned and operated by the Named Insured. Policy includes Commercial General Aviation Liability coverages,with limits as shown in the policy. Solely as respects an occurrence arising out of the ownership,maintenance or use of an aircraft described in this certificate and solely to the extent required in an agreement with the Named Insured,the following provisions shall apply: The WHO IS AN INSURED section of the policy is amended to include the certificate addressee as an insured,but only as respects the Named Insured's use of the aircraft and only with respect to the certificate addressee's liability because of acts or omissions of the Named Insured. However,no such person or organization is an Insured if he,she,or it,or any of his,her,or its agents or employees is engaged in the manufacture,maintenance,repair,or sale of aircraft,aircraft engines,components or accessories,or in the operation of any airport,hangar, flying school,flight service,or aircraft or piloting service,as respects any occurrence arising out of such activity. The insurance,as to the interest of the certificate addressee,shall be primary without right of contribution by any other valid and collectible insurance available to the certificate addressee. We waive any right of recovery we may have against the certificate addressee because of payments it makes for physical damage to aircraft described in this certificate,but only to the same extent that the Named Insured has waived its right for recovery for such physical damage Continued on Page 2 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. This certificate does not amend,extend or otherwise alter the coverages afforded by the policies described herein. Limits may have been reduced by paid claims. GLOBAL AEROSPACE GLOBAL AEROSPACE, INC. BY: y " ' Certificate No. 2098969471 This certificate supercedes# 1797499519 ACZ006(September 1,2009) Page 1 of 2 CERTIFICATE OF INSURANCE This certificate is given as a matter of information only and confers no rights upon the certificate addressee. Date: March 15,2019 This is to certify to: That the following policy has been issued to: City of Kent NADAR AERIAL IMAGING,LLC 220 Fourth Ave S. 1425 Broadway Kent,WA 98032 #22236 Seattle,WA 98101 Policy No.9016649 issued by one or more member companies of Global Aerospace Pool through Global Aerospace,Inc. Policy Period:from March 14,2019 to March 14,2020 Policy Territory:Worldwide against the certificate addressee. If the certificate addressee information shown on this certificate includes a valid mailing address,we agree to give 30 days(10 if cancelled for non-payment ofpremium)notice to the certificate addressee in the event the policy is cancelled or materially changed by us. GLOBAL AEROSPACE 4' � Certificate No. 2098969471 This certificate supercedes# 1797499519 ACZ006(September 1,2009) Page 2 of 2