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HomeMy WebLinkAboutC-3396(A) - Digital Orthophotography and Two-Foot Contour Services• e- 3 3���) PROFESSIONAL SERVICES AGREEMENT WITH MERRICK & COMPANY FOR CITY- WIDE AERIAL PHOTOS AND CONTOURS OF NEWPORT BEACH THIS AGREEMENT is made and entered into as of this 1P day of — etcW � 2005, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and MERRICK & COMPANY, a Colorado corporation whose address is 5755 Mark Dabling Boulevard, Suite 350, Colorado Springs, CO, 80919 ( "Consultant"), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to update city -wide aerial photos and contours for the City of Newport Beach. C. City desires to engage Consultant to prepare aerial photos of the City as described in Attachment A ( "Project "). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project, shall be Brian Raber, Vice President. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and ghail terminate on the 31st day of December, 2006, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and Consultant shall perform the services in accordance with the schedule included in Exhibit A. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for services described in the Scope of Service attached hereto as Exhibit A during the term of the Agreement based on the percent of work performed to the City's satisfaction. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Hundred Forty -Eight Thousand, Five Hundred Sixty -Six Dollars and no /100 ($148,566.00) without additional authorization from City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and/or the specific task in the Scope of Services to which it relates, the date the services were performed, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant 2 A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and/or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. 5. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Brian Holzworth to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Robert Stein shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. 3 8. STANDARD OF CARE • 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. 8.2 Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Consultant to practice its profession. Consultant further represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any work performed or services provided under this Agreement (including, without limitation, defects in workmanship or materials and /or design defects [if the design originated with Consultant]) or Consultant's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the S 0 0 sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and Prior to commencement of work Consultant shall obtain, provide and maintain at its own expense during 5 0 the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City's at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days prior to such change (10 day written notice for nonpayment of premium). The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for ail activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company, iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days written notice has been received by City (10 day written notice for nonpayment of premium). F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. 7 0 i G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. 16. SUBCONTRACTING City and Consultant agree that subconsultants may be used to complete the work outlined in the Scope of Services. The subconsultants authorized by City to perform work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. Except as specifically authorized herein, the services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City s sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than 0 0 0 Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 18. COMPUTER DELIVERABLES All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 20. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 21. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 22. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. • 23. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his /her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 24. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 26. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 27. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Consultant and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: W11 • • Attn: Robert Stein Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 - 644 -3322 Fax: 949 -644 -3308 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Mr. Brian Holzworth Merrick & Company 5755 Mark Dabling Boulevard, Suite 350 Colorado Springs, CO 80919 Phone: 800 - 544 -1714, 719 - 260 -8874 Fax: 719- 260 -6098 28. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that parry shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting parry written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, 11 0 ! county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 31. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 32. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 33. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 34. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 35. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 36. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. [SIGNATURES ON FOLLOWING PAGE] 12 • i IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPRO ED AS TO FORM: By: w- C_ ff C-1 Aaron it. Harp Assistant City Attorney ATTEST- . By: Y ;` a V N� '�f Lav&4 aMeds, City Clerk CITY OF NEWPORT A Munn- Gorwrat for the City of Newport Beach MERRICK & COMPANY: By: 9L U (-WO � (Corporate Officer) Title: Viet Pt2S�o�,r/ Print Name: F�'R- t At J 9- By: (Financi fficer) Title: So, VP e FO Print Name: DAwa A SPi"Aa E Attachments: Exhibit A - Scope of Services F: \USERS \PBw\Shared\Agreements \FY 05- 06\Merdck- Aerial Photos.doc 13 0 "o� BUILDING Mertick & Company 5755 Mark Dabling Blvd., Suite 350 Colorado Springs, CO 80919 -2247 Phone 719- 260 -8874 f Fax 719- 260 -6098 v .memck.com November 14, 2005 Rod Murphy GIS Coordinator Administrative Services City of Newport Beach 3300 Newport Beach, CA 92663 RE: City - Wide Aerial Photos and Contour Proposal Dear Mr. Murphy; 0 Exhibit A Merrick & Company (Merrick) is an employee- owned, multidiscipline engineering firm ranked 175 in Engineering News Record's "Top 500 Engineering Firms." We have been headquartered in Aurora, Colorado since 1955 and have offices in Colorado Springs, Los Alamos, Albuquerque, Guadalajara Mexico, and Duluth (Atlanta). Merrick is an organization of approximately 400 professionals, with over 80 employees in the Geo- Spatial Solutions team providing internationally recognized precision land based solutions. As you are aware, Merrick is offering the City of Newport Beach professional geo spatial services as an extension of the services competitively competed contract awarded to the VARGIS / Merrick & Company team in LA County. As such this VARGIS / Merrick proposal offers an opportunity to significantly decrease the cost of services (- $35,000 in savings - see cost proposal), reduce start-up time, and reduce City of Newport staff time in the creationlreview of proposals as a result of an RFP process. Additionally, Merrick, having previously provided digital imagery and contour services to Newport Beach, is aware of those issues within the project that are unique to Newport and thus uniquely qualified to continue providing precision geo database services to the City of Newport Beach. We appreciate the opportunity to again provide services to the City of Newport Beach and look forward to another successful project. Should you have any questions or require additional information, please feel free to contact me. In order to take advantage of the LA Contract, the VARGIS / Merrick Team needs to receive a notice to proceed by December 14, 2005. Please consider this proposal valid until said time. Sincerely, Merrick & Company Torin Haskell Senior Account Manager Merrick & Company 5755 Mark Dabling Blvd., Suite 350 Colorado Springs. CO 80919 800 -544 -1714 Torin.haskell @merrick.com • City— Provide Wide de Aerial Photos and Contour City of Newport Beach • The proposed lump sum includes the services /deliverables outlined, including those costs associated with: Aerial Imagery LIDAR Ground Control FDAAT Digital Ortho Rectification True Ortho Rectification in Identified Areas Breakline Collection Final surface to Support 2' Contour (DTM) 2' Contour Wall Mosaic (dieital version - 2' pixel) Total proposed fee: 5148,566.00* s Fee recognizes the following cost savings resulting form utilizing the Los Angeles County competitive selection (Digital Aerial Imagery Data And Services For The Los Angeles Region Imagery Acquisition Consortium — LAR -IAC): LIDAR sensor (ALS50) - proximity savings $17,1,19 Digital sensor (DMC) - oroximity savings $18.000 Total savings $35,119 Notice to proceed must be received by the VARGIS / Merrick team no later than December 14, 2005 to realize proximity savings. City— Wide Aerial City — w ide Aerial Photos and Contour City of Newport Beach City of Newport Beach Proposed Schedule • Mapping Task Start Finish L Notice to proceed 12/14/05 2. Aerial Photography Acquisition 12/15/05 1/20/06 3, LiDAR Acquisition 12/15/05 1/20/06 4. Photo ID Control 1/23/06 2/17/06 5. LiDAR Filter, Edit, 1/23/06 3/10/06 6. Fully Digital Analytical Digital Aerotriangulation (FDAAT) 2/20/06 3/17/06 7. Deliver Prototype Project ( -4 tiles all products) 3/31/06 8. City ofNPB Prototype Review 4/3/06 4/14/06 9. Breakline Compilation 3/20/06 4/28/06 10. Contour Generation, QC, Edit 5/1/06 5/26/06 11. Digital Othophotography Rectification & Processing 3/13/06 5/26/06 12. Final Contour Formatting 5/29/06 6/23/06 13. City ofNPB Ortho & Contour Review and Acceptance 5/29/06 7/21/06 14. Project Close -out 7/25/06 0 0 Proposal to Provide LIZU City —Wide Aerial Photos and Contours City of Newport Beach Page 1 The following outline provides a description of the significant procedures/milestones that will occur throughout the project. PROJECT IMPLEMENTATION I. A project kick -off meeting will be held between The City of Newport Beach (Newport) and the Merrlck/Vargis team (Merrick) to review all technical and administrative aspects of the project. We recommend that the format of this meeting be a "hands -on" workshop environment to facilitate the exchange of quality information. To assist Newport, Merrick will present data from a similar GIS project. 2. Prior to the kick -off meeting, Newport will be provided an agenda for the meeting. The specific topics to be addressed include: • Review the proposed flight and ground control scheme and modify as necessary to meet project requirements • Brief Newport on LIDAR implementation issues such as flight plan, safety, accuracy, etc. • Discuss/review tiling requirements • Review accuracy requirements • Review project control datums and units • Review Merrick's QA/QC procedures • Define the location of the prototype area • Determine acceptance criteria for all deliverable products • Identify points of contact and develop communication protocol • Develop Project Status Report requirements • Review invoicing procedures 3. Following the kick -off meeting, a detailed memorandum will be forwarded to the Newport project manager to clarify and document the decisions and discussion items of the kick -off meeting. Following the technical section, there are also additional sections that outline Merrick's specific quality control procedures, project management philosophy, project deliverables, and client- provided products for this project. 1. PROJECT In order to prepare the initial start -up documentation, all of the items discussed 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 the quality assurance plan. 3. A kick -off meeting with Merrick's project manager and key production staff is held to review all aspects of the project. 4. Merrick prepares its production facility for the project. The primary tasks that are integrated in preparation of beginning the project are: • Scheduling of resources (equipment and personnel) • Customizing in -house software tools, as necessary November 14, 2005 ❑ ❑s ❑❑❑ MERRICK® C noan»ch.aoc MerkebngW ewportlTeUnlfal ❑❑❑ euaow• uunury sowrioHs 0 City Proposal to Provide LIZA City— Wide Aerial Photos and Contours City of Newport Beach Page 2 ■ Customizing QC checklists for each department specific to this project 5. A project of this magnitude requires a start-up period of approximately three weeks. Once the information is gathered and/or tested, the team is ready to begin the next step of the project. SURVEY NEW GROUND CONTROL Merrick will establish 32 control points throughout the project area. These ground control points, in conjunction with Airborne GPS control, will support the accuracy requirements of the project. Merrick understands that the accuracy standards to be used for this project are National Map Accuracy Standards (LAMAS), as it pertains to 1" =100' scale mapping. Merrick proposes to target and survey all new ground control points. The intent of this new control is for the support of this project only, and permanent monumentation is not being proposed. All new monuments will be temporary (i.e., PK nail or rebar and cap.) Merrick proposes the use of conventional ground Global Positioning System (GPS) techniques to establish the primary control locations. Static, Rapid Static, and Kinematic GPS techniques shall be incorporated for the points required to complete the mapping. 1. Johnson Frank and Associates (Johnson Frank) will provide the ground surveying services. With significant surveying experience in various locations throughout the region, Johnson Frank will provide the local surveying knowledge necessary to support the high accuracy requirements for the project. 2. Johnson Frank's survey team shall provide the horizontal and vertical control points required for this mapping project using their Trimble surveying equipment. 3. The horizontal accuracy shall be Second Order, Class 1I, GPS or better. The vertical accuracy will meet Third Order specifications. 4. All horizontal control will be referenced to the California State Plane Coordinate System (SPCS), Zone 6, North American Datum of 1983 (NAD 83). Final coordinates will be provided in US Survey Feet. The project vertical control datum will be based on the North American Vertical Datum of 1988 (NAVD 88). The project vertical control network will include a review of existing NGS monuments within the region. All new control points will be referenced to the NGS network. 5. A minimum of three receivers, observing simultaneously, will be used in a "leap frog" approach to GPS observations. Repeat baseline measurements will amount to approximately 20% with about equal numbers in the north- south and east -west directions. 6. All antenna heights will be measured in both meters and feet to guarantee and verify an accurate receiver setup. Reviewing processed raw data and running loop closure checks will check survey data collected daily from the field by receivers. 7. Loop closure tests of GPS observations will be performed to validate the integrity of the data. Closures on the GPS network show the resulting Cov "m er14,2%T 111:10 Q) MERRICK° November er 14, 200tllniral Mw"eM.aoc ❑ ❑❑ .."DINO Y{lALITY 60LUTION! 0 0 Proposal to Provide City — Wide Aerial Photos and Contours City of Newport Beach precision ratio in parts per million (PPM). Results are shown for each day of observations and for the entire project. Coordinates are referenced to latitude and longitude, while height is an ellipsoid value. The total distance traveled along the traverse is displayed together with the accuracy in PPM. In addition, the misclosure by the difference in X, Y, and Z Cartesian coordinates (dx, dy, dz) is shown. Loop closures are done before any adjustment and before any constrainment of the GPS network. The latitude and longitude coordinates and ellipsoid heights from loop closures are not to be used as final coordinates. 8. An error ellipse is used to show each point's expected horizontal coordinate standard error. The scale of the plots is shown by the bar ticks running through the ellipses and by the tag at the bottom of the page of the display indicating the bar scale tick value. The scale is the same for all pages of the displayed ellipses. The point name is shown at the lower left of each ellipse and the angle (measured counter - clockwise from the positive east bar scale) made by the major ellipse axis is shown at the lower right. The sigma scalar shows the ellipses in the 95% confidence region. 9. The flight line/control diagram for the Newport project has been provided in the Appendix section of this proposal. This diagram indicates the general location for our proposed control/panels. 10. Johnson Frank will generate the "Ground Control Report," which documents the results of the GPS survey. This report will be a comprehensive narrative of all aspects of the GPS data collection process. CONTROL PANELING 1. Prior to the aerial photography mission, Johnson Frank will panel the photo control points so they will be visible on the aerial photography. Merrick will coordinate the targeting and aerial photography tasks to ensure that the targeting is complete before beginning the photography mission. 2. When possible, Johnson Frank will use white paint to mark the location of each control point. White vinyl material (3 -ply thick) will be utilized for all those points that cannot be painted. 3. The shape of each panel will be either a "Y" or "X." The length of each panel leg will be 6 feet in length and 16 inches wide. 4. All vinyl targets will be inspected before the acquisition of photography to validate proper positioning and condition. 5. All vinyl panel material will be removed upon completion and acceptance of the aerial photography. AcQUIRE DIGITAL AERIAL IMAGERY L Merrick will use 3001 California to perform the imaging mission. 3001's aircraft is equipped with GPS navigation and an on -board receiver to accomplish the sensor positioning for the aerotriangulation. 2. 3001 will provide a Zeiss DMC digital mapping sensor /cameras for this project. . November 14, 2005 C�.Mg�wKd,T�.App�.� ❑o❑ MERRICK`" ❑❑❑ SuumNO OuYUTY SOLUTION. 0 E Proposal to Provide Ell WON City - Wide Aerial Photos and Contours _ City of Newport Beach Page 4 3. The aerial imagery will conform to industry standards established by the American Society for Photogrammetry and Remote Sensing (ASPRS). The following parameters apply for the aerial photography for this project: Square . SensorType I Color - Zeiss DMC Forward Lap 160% Side Lap 30% Number of AGPS Exposures 1,177 Supporting ixel size 0.25' True Ortho Flight Area (6 identified .: areas, -1.5 square miles) RNWA-S33 91 ky, to Supporting pixel 4. The aerial photography shall be flown on, or near, the agreed date by Merrick and the Newport project manager, weather permitting. Merrick anticipates that the aerial photography phase will be initiated in late December 2005 to early January, 2006. 5. Once the imagery has been inspected, Merrick shall provide samples of several areas of the project for viewing on Newport workstations. The samples will simulate the final pixel resolution. They will be used to form a consensus on the ortho quality that will be generated. AIRBORNE GPS (AGPS) Airborne GPS (AGPS) technology provides supplemental control as input to the aerotriangulation adjustment. During the photography mission, GPS data are collected in the aircraft at timed intervals. Ground receivers also collect GPS data during the photo mission. Using sophisticated post- processing software completing differential calculations, the air station coordinates can be derived for each photograph and the instant of exposure. These air station coordinates are subsequently transformed to ground "control," relative to the proper horizontal and vertical datum, during the aerotriangulation process. Airborne GPS offers the following advantages: • Significantly Reduced Ground Control Requirements • Time Savings ­with reduced ground control requirements and ability to rapidly acquire project control through AGPS, the overall project schedule can be reduced. • Reduced Problems with Accessibility - AGPS offers some flexibility in the placement of ground points. Control points normally required for conventional mapping projects in remote areas may not be necessary or may be moved with AGPS - assisted surveys. • Additional Control - since AGPS control (subsequently transformed to ground control) is acquired for each exposure, the number of actual control stations is densified by comparison to "classical" photogrammetric control configurations. November 14, 2005 ❑❑❑ - CI-R bNN�kT.�,; ,, A ,hdo ❑s❑ MERRICK`' ❑ ❑❑ SUILDING QUALITY SOLUTION• • "14` Proposal to Provide City— Wide Aerial Photos and Contours City of Newport Beach Page 5 The following outlines Merrick's procedures for obtaining and processing AGPS data: LULL ULLA a LULL, 1. Mission planning is a critical aspect of the AGPS phase. The resulting accuracy of AGPS is highly dependent on appropriate satellite configurations,. Proper mission planning defines the number and position of the satellites, by time, on the day of the aerial photography flight. 2. A minimum of five (5) observable satellites (and preferably 6 to 9 satellites) combined with a low Positional Dilution of Precision (PDOP) will achieve the desired results. Certain segments of time during the flight may have too few satellites or poor PDOP conditions. During these segments of time the aircraft can stay aloft and can complete reconnaissance, but cannot acquire photography. When the number of satellites increases and the PDOP achieves acceptable levels, the aerial photography can resume. 3. AFS plans to use a minimum of two (2) GPS base stations during the photography mission. Support by at least two (2) ground base stations is the best way to ensure redundancy in differential calculations. Airborne base stations are GPS receivers on the ground, collecting data simultaneously with the flight. The data collected ties the AGPS to the ground control at the post - processing stage. Airborne base station locations must be in a totally open area with a clear view of the sky with no obstructions to block out any satellites. 1. Proper coordination between the ground and aircraft crews will dictate the efficiency of the AGPS mission. Crews arrive at the project site early each day, well before the flying window begins. Equipment is tested, flight plans are reviewed, and the aircraft is aloft and ready to begin capturing photography as soon as the sun angle window permits: Ground and air crews maintain constant communication throughout the flight. In the event that a technical problem occurs or the window closes due to cloud cover the mission can be quickly shutdown to avoid cost overruns. 2. Merrick utilizes on -the -fly (OTF) techniques to initialize the AGPS mission. OTF initialization requires that the base station antennae be within 12 miles of the airplane antennae. Once the initialization is successful, it is possible to fly at least 25 miles from the base stations provided both receivers do not suffer loss of lock. The advantage to on- the-fly initialization is that we can recover from a loss of lock since the OTF software will automatically re- initialize, provided the aircraft is again within about 12 miles of the base station. 3. AFS has flown numerous AGPS projects and is aware of the constraints involved when flying AGPS missions. Since it is important to maintain lock on the satellites during the AGPS flights, steep banks and shallow rams are avoided. 4. Photography and AGPS data is collected until the photography window closes for the day or until inclement weather impedes the flight. November 2 0 C:MaheOnlN worfe cnicl Appoch4o ❑®❑ MERRICK ❑ ❑❑ BOILOINO. QUALITY 9OLUTION5 0 E "°- - Proposal to Provide City — Wide Aerial Photos and Contours City of Newport Beach Page 6 1. Using GPS processing techniques, we have the ability to determine coordinates for an instantaneous event such as the opening of camera shutter. 2. AGPS processing is done on a daily basis so that any problems can be corrected before leaving the project site. 3. Trimble GPSurvey version 2.35 software and Trimble Geomatics Office version 1.50 software is used to process the AGPS data. The data are processed using continuous kinematic processing methods.. Continuous kinematic surveys provide the ability to map the paths of moving vehicles such as airplanes. 4. Continuous kinematic baseline processing can solve GPS antenna positions, not only when the antenna is stationary but also for each GPS observation made while the aircraft is moving. Continuous kinematic processing provides a position at every epoch (typically I second). The baseline processor uses an epoch on either side of the event together with an interpolation strategy to determine the position of the photograph at the instant in time that a photograph is taken. 5. The final AGPS coordinates will be consistent with the horizontal and vertical datum for this project. These final coordinates will be incorporated into the overall project control network and used to support the aerotriangulation adjustment. 6. Merrick will generate an "Airborne GPS Report which documents the results of the GPS survey in Excel spreadsheet format. LIGHT DETECTION, AND RANGING (LIDAR) LIDAR has revolutionized the acquisition of digital elevation data for large scale mapping applications. Merrick has embraced this technology from the onset through associations with several LIDAR acquisition vendors. Since 1997, we have successfully used LIDAR data as input to the contouring and digital ortho processes. We now operate our own proprietary digital imaging/LIDAR system and processes. 2. A typical LIDAR system rapidly transmits pulses of light that reflect off the terrain and other height objects. The return pulse is converted from photons to electrical impulses and collected by a high -speed data recorder. Since the formula for the speed of light is well known, time intervals from transmission to collection are easily derived. Time intervals are then converted to distance based on positional information obtained from ground/aircraft GPS receivers and the on -board Inertial Measurement Unit (IM'U) that constantly records the attitude (pitch, roll, and heading) of the aircraft. 3. LIDAR systems collect positional (x,y) and elevation (z) data at pre - defined intervals. The resulting LIDAR data is a very dense network of elevation postings. The accuracy of LIDAR data is a function of flying height, laser beam diameter (system dependent), the quality of the GPS1[MU data, and Noveinbei 14, 2005 Approach.tloc 'v' 0100 w E R R I C K C:MatleeG"BlNewpotllTeMnical ❑❑❑ BUILOINO QUALITY BOLUTIONB Leica/Helava Systems ALS40 150. November U, 2005 C:ImaMe4nglNex MTecbnia ApWoah.Ooc 0 Proposal to Provide City— Wide Aerial Photos and Contours City of Newport Beach Page 7 post-processing procedures- Accuracies oftl5cm(horizontally) and fl5cm (vertically) can be achieved. Accuracies better than 7cm (vertically) were achieved from initial testing of Merrick's system. Description LIDAR System 1. Merrick operates an airborne laser topographic mapping system based on the Leica/Helava Systems ALS40 /50 platform. The system integrates a laser Altimeter, an Applanix POS /AVIMU Inertial Measurement Unit (IMU), GPS flight management and other sub - systems. This integrated system is capable of 58 KHz operation at a 75° Field of View (FOV). The system configuration includes extended altitude range up to 4,700m@75', 75 °, target signal intensity capture, and three return capture. The sensor is capable of generating five returns, however, the first three returns generate the maximum collection, and Merrick's sensor has been configured to maximize these first three returns. This advanced sensor has the capability to collect terrain data at a swath width of over two miles. The accuracy of laser generated terrain data exceeds 15cm RMSE, altitude dependent. 2. In -flight data are logged to hard drives, which provides for immediate viewing of post mission data. Data quality, coverage, and other mission critical information are reviewed immediately to determine if re- flights are necessary. Basic parameters for Merrick's LIDAR system include: Similar to an aerial camera, it is generally not necessary to adjust parameters of a system that has been properly calibrated. Most project errors occur due to poor pre - fligbt initial calibration of the sensor and/or post - processing errors. Typical error sources are a result of poor mission planning or an untested set of variables. Calibration issues may include: • Scanner Velocity — This can affect a condition known as encoder windup, which requires specific algorithmic correction for non- linear mechanical correction. • GPS Lever Arms — If new aircraft installation has been performed, the relationship of the GPS antenna as it relates to IMU and laser must be properly measured. • Boresite Calibration — The relationship of the IMU to the laser head must be precisely measured at maximum operational altitudes. The resulting angular offsets for pitch; roll, and yaw must then be applied to the post-processor for proper projection of the data when translating data from earth center to earth fixed coordinate systems. MERRICK0 BUILOINO QUALITY BOLUTIONB .r e Operating Altitude 500 to 4,700 meters Elevation Accuracy <15cm RMSE Alt dependent) Horizontal Accuracy <15cm RMSE Alt dependent) GPS Receiver Novatel Millennium Laser Repetition Rate 100 Hz to 50KHz Scan Angle 5 - 75° Swath Width Va fable Scan FLe uenc Variable scan angle de endent Retum Pulse. Up to three (pulse rate dependent) Intensi Yes (up to three Similar to an aerial camera, it is generally not necessary to adjust parameters of a system that has been properly calibrated. Most project errors occur due to poor pre - fligbt initial calibration of the sensor and/or post - processing errors. Typical error sources are a result of poor mission planning or an untested set of variables. Calibration issues may include: • Scanner Velocity — This can affect a condition known as encoder windup, which requires specific algorithmic correction for non- linear mechanical correction. • GPS Lever Arms — If new aircraft installation has been performed, the relationship of the GPS antenna as it relates to IMU and laser must be properly measured. • Boresite Calibration — The relationship of the IMU to the laser head must be precisely measured at maximum operational altitudes. The resulting angular offsets for pitch; roll, and yaw must then be applied to the post-processor for proper projection of the data when translating data from earth center to earth fixed coordinate systems. MERRICK0 BUILOINO QUALITY BOLUTIONB Proposal to Provide City - Wide Aerial Photos and Contours City of Newport Beach • • Pulse Rate - Lasers pulse width and shape is a variable based upon the pulse rate of the laser. While small in comparison to other error sources, a small vertical bias (1 -5cm) is typical and should be accounted for in the total calibration. • Extended GPS Baselines - Kinematic GPS errors can be on the order of 2ppm, which can translate to 20cm/100km. This must be accounted for by limiting baseline length for projects demanding large -scale mapping. 2. Full calibration/verification of our LIDAR sensor is verified on a regular basis (monthly) at Jefferson County Airport in Broomfield, Colorado, Merrick's LIDAR Operations facility. The site has over 500 GPS centimeter class accuracy control points, which include runways, taxiways, buildings, rooftops, and other features. Points are both surface and photo identifiable targets. In addition to GPS control, a rigorous photogrammetric solution was obtained utilizing photography flown at a scale 1 " =600', which is utilized for stereo surface validation and 6 -inch orthophoto reference imagery. 'Calibration Methodology 1. Flights are performed over the calibration site across the full dynamic range for altitude; scan rate, and pulse rates from four cardinal directions and encompassing the full swath width of the on- ground scan over the GPS control surface data. Post - processed data is incorporated into MARS® (see discussion on page 18) files where cross sectional profiles are measured and analyzed for flight line coherence and flight line ground truth coherence. 2. Additionally, an analysis is performed, which correlates the entire control network to the LDAR data for adherence to the project map specification. Please note, our calibration procedures require that any project variables, which deviate from the normal calibration results, be investigated and resolved before final processing of data. Project Calibration 1. Calibration validation is also performed at the project location to assure anomalies have not occurred en route to the site or during data collection. Typically, a limited survey is performed at the local airport to ensure mission performance. This often includes other control within the project boundary, as determined by project specifications. On projects of this size, flights are taken at the beginning and end of each mission over the calibration area(s). This assures that no drift or systematic errors have occurred during the LIDAR mission. Proper calibration also allows errors to be evaluated and adjusted (if necessary) during post- processing and projection of DEM surface data to the project control. Merrick cautions against any other methodology as this is the only cohesive process that can ensure a mission has no anomalies from mechanical, electronic, GPS, or other atmospheric error sources. 2. On data that has been corrected for systematic errors, the project checkpoint GPS control can be validated against the LIDAR surface. This verifies both LIDAR data accuracy and the critical tie between project control and November 14, 2005 - C,m *OWNNew MT sic Ap„w�.� ❑s❑ M E R R I C K ❑ ❑❑ suaay.0 uuurtv eownaes 0 0 Proposal to Provide City -Wide Aerial Photos and Contours City of Newport Beach Page 9 coordinate systems. MARS® allows the user to specify the desired, required, or target vertical accuracy in project units via a user friendly GUI interface. During the calculation of control statistics, comparisons are made to this value to see if the specified vertical accuracy is met. 3. Under the current method to validate the LIDAR accuracy (designated "Elevation interpolated from TIN"), a TIN is created around each control point, using LIDAR points within 100 units of horizontal distance. The one triangle that horizontally covers the sample location is selected. The location on the surface of this triangle that matches the sample locations then provides the elevation. This elevation is a linear interpolation of the elevations of the three triangle vertices, or more simply it is the point in 3D on the TIN triangle directly above the sample location. The method complies with FEMA requirements, as described in FEMA guidelines for LIDAR mapping. specifically Appendix 4B to FEMA 37, May 2000. Using this method, the user can be assured of data accuracy throughout the project area. Literally thousands of control points can be computed in seconds. 5. In the following example, the user has specified 0.6' as the vertical accuracy (Accuracy,), which will statistically test the dataset for meeting NSSDA requirements for I' contours (hence the 95% confidence level). This reports the min, mean, max, and average "Z error" (elevation) for all control vs. the LIDAR data within the project. You'll see that this particular dataset passed the criteria with 98.6% at 0.50'. The "achievable" contour interval represents the interval / accuracy specification (NMAS / ASPRS) possible after breakline enhancement. 6. This report is output in Excel spreadsheet format (.csv), which allows for the user to analyze the results of the LIDAR accuracy. November 14, 2005 13130 MarKehrgNewpor Temr,cai APMI>adi doc ❑o❑ M E R R I C K 1313❑ GOILOINO auAUrY aowrlo.. � XMSrr o.w dr �� Nb K� f. y,�4J,4y" Cabe SNSCe fah% 1 dYX �o Salilawawl G. Lw C13 lw..eO.Nm rnG 9w J Zwab TM— rH44 M "�4ra'S' 1" �arlYrXrOd'lAmi4 5labld.�.IdPdldibr.b '• fC PNSE d2 a.a{Y QA MSS IWnOMwY FGD[M5�<�Ir.XS ����r^ MSS it A.a.R2fw aW MM �v+�Jl.Xp.N b MSf � NwrlrpXgZFXY 06 cols No6nZEn 002 � MIIS Mnvb fue.ia..d 1�9� WiearaAZGe 4i A51RSMsrtleruAV Na.1 04 % I ln. zdC zMw. I Z 01 ii, iM IE wu Y. Y 97 S ,12 015 W, Sill• 02 ]ID M 12MM Yn WIM WW All 5 51 SIIl 02 l 11, 1200%68 Y. 5 V %M30 001 %A 31 %N 0, 1Y6 M 12.;wQ v. 55120 5$W aW 52F r5 SSl 8101 L]"V .V Y" 5 392 4A li no s]®E s1$ 09L llf®I Is 12 M Y. Ma WT 12 OF MW MT. lea —M IMa v Y. %D10 %%W am "s, R% 0W2 11622191/1 IZk415 Ya, 61$21 S n 051 MM" Tr1 'YflKM1K 1T0.tiRH Vlu 5T[n Silr:4 11I.i GTFl9 y J� N XiwlAld M1Aa�1 1 6. This report is output in Excel spreadsheet format (.csv), which allows for the user to analyze the results of the LIDAR accuracy. November 14, 2005 13130 MarKehrgNewpor Temr,cai APMI>adi doc ❑o❑ M E R R I C K 1313❑ GOILOINO auAUrY aowrlo.. 0 0 Proposal to Provide City— Wide Aerial Photos and Contours City of Newport Beach Page 10 Post-Processing of Multiple Return Data 1. In order to truly validate multiple return data, a known set of target coordinates must be measured against ground survey data. While a single pulse has the ability to read 2 -5 ranges, as is the case on most commercial LIDAR systems, the validity of this type of data has been minimally investigated. Many systems purport that they provide multiple returns but provide no accuracy claims. In truth, each return requires a separate vertical calibration correction, since it is a separate timing circuit. This can only be guaranteed if the signal strength is adequate from all returns. Typical project morphology provides minimal multiple return data beyond the 2°d return. Histogram analysis of data sets typically dprovides a maximum of 100% for I' returns, 25% maximum for 2" returns, 5% maximum for 3`d returns, and little or no 4d' and 5" return data. This is a function of the ability of the electronic timing, and laser pulse width, which relates directly to a term known as range separation. 2. Range Separation is defined as the minimum vertical target separation required registering a valid return. Merrick's laser has <3 -meter range separation and is the highest accuracy currently available. Older systems vary from 6 -12 meters. For the user, this means that buildings that are less than 6- meters high would probably not be resolved with older systems. 3. Validation of multiple return data is a difficult task, at best, beyond 2nd return data under normal flight conditions, and is best measured in a terrestrial environment under controlled conditions. However, most current users have little commercial use beyond building height measurement and true ground observations, which require I" and 2"d return data. In the dynamic flight environment, a building is generally surveyed and is used as the control to verify the range(s). A laser shot must hit the edge of the building and have enough energy to produce a 2"d return on the ground. Then the returns are verified against the GPS control. IL IVAR Data Filter/Classification and Softcopy Edit Procedures 1. Merrick uses several significant process steps to filter (classify) data for project specified map accuracies ranging from 1' to 5' contour intervals. Each step takes the data to sufficient levels for the level of accuracy and processing required. These steps may be modified based on project requirements including but not limited to, map accuracy, terrain, and canopy morphology (i.e. urban, heavy or multiple canopy vegetation, water, and swamps). 2. Data is most often classified by ground and canopy, but specific project applications can include classifications of multiple data types including but not limited to buildings, vegetation, power lines, etc. This is a very labor - intensive process and is generally not recommended on contour only projects. Typical deliverables for contour datasets are generally limited to include canopy and ground surface only. 3. In general practice, these workflow steps include: • Step 1: Logical parsing of data by file size and morphology • Step 2: Automated filtering • Step 3: LIDAR environment editing November 14, 2005 ❑❑ cr mTnniaMPmac.ec ❑i❑ M E R R I C K 0 11110 sl➢1O1N9 aunury eo LUTla Ne • • Proposal to Provide City — Wide Aerial Photos. and Contours City of Newport Beach Page 11 ■ Step 4: Model keypoint generation. Step 1: Logical Parsing of Data by File Size and Morphology a. Before editing the LIDAR elevations, Merrick's filtering team parses enormous raw LIDAR data files into manageable, client specified tiles using Merrick's proprietary sofhvare. The software is called Merrick Airborne Remote Sensing (MARS®). MARS® comprises a modular suite of tools that are used in the field, production workflow, and client deliverables. Please refer to the section on MARSO for a more complete description of capabilities.. Data parsing is determined by geographic location, morphology, and logical file size for workflow process performance optimization. b. Following is an example of a raw LIDAR high- density urban data set from the Denver (CO) CBD before filtering. The image on the left is a point cloud representation; on the right is a TIN model of the same area before filtering. Denver CBD point cloud representation before filtering Cross section TIN November 14; 2005 C.l aketingWewpoa\Tetitnical ApVwdi.Eoc Denver CBD TIN model before filtering Step 2: Automated Filtering a. Next, custom filter macros are developed based on job specifications, terrain, and vegetation characteristics. These algorithms are applied to client data to derive a database separated into different classification groups; error points, ground points, and canopy - building points: The macros are tested in several portions of the project area to verify accuracy. Often, there are several filter macros for each project that optimize the program based on the unique characteristics of terrain; man made features, and vegetation type. Automatic filtering generally yields a ground surface that is >90% accurate, but requires additional editing to produce surfaces sufficient for image rectification and large- scale high accuracy contours (1 -2'). 0013 MERRICW ded ❑❑❑ BUILDING QUALITY BOLUTIONB 0 Proposal to Provide City — Wide Aerial Photos and Contours City of Newport Beach Page 12 Step 3: LIDAR Environment Editing a. LIDAR data is next taken into a graphic environment to edit noise or features that may remain in the LIDAR point cloud after auto - filter. Data is cross- sectioned from the surface to reclassify non- ground data artifacts. The cross section on the left is edited and the TIN to the right is updated automatically to reflect change real -time during the editing process. b. The following is an example of reclassification of the non- ground points (elevations) that need to be excluded from the true ground surface. Data shows non - ground in red, ground in blue and lo%v points in green. Note that the image on the right has the low points reclassified (red) or removed from the true ground surface. Before point reclassification Aker point reclassification Step 4: Model Keypoint Generation a. Next, a unique manipulation process normalizes the surface into one of the tightest digital surface models (DSM) available in the industry. Final data extraction for the client's keypoint (statistically significant points) and canopy - building file data are then generated. Following is a screenshot of the LIDAR surface from the MARSO software application after the LIDAR environment edit process has been completed. On the left is a point cloud representation; on the right is the TIN model. Point cloud representation after the LIDAR environment edit process has been completed TIN model after the LIDAR environment edit process has been completed NoveNovember 14, 2005 °❑°°❑ MERRICK° ether 14, 20 etllniwl Apprpach.tloc ❑ ❑❑ BUILDING QUALITY BOLUTION6 0 • "" Proposal to Provide City — Wide Aerial Photos and Contours City of Newport Beach Page 13 November 14, 2005 'G:M *eunglNewp dUersnrc lAppma .dm b. At this stage, surface data is sufficient, in many cases for orthorectification of imagery without breakline enhancement dependent on terrain or significant man made features. This is due to the high sample density of terrain data. This allows Merrick to provide the orthophotography in parallel with the softcopy- mapping environment. This has multiple benefits: • Imagery is available sooner • Numerous breaklines can be eliminated • Existing plan data can be evaluated prior to completion of softcopy LIDAR In general, there are several significant advantages to a LIDAR approach: 1. LIDAR provides higher accuracy data. Post - processed data can achieve consistent vertical accuracies of 15cm RMSE or better. Although the same accuracies can be achieved with conventional photogrammetry, the stereo - compilation process is more manual intensive and subject to random human errors. 2. Elevations are measured directly through an active sensor, as opposed to inferentially through photogrammetric techniques. 3. LIDAR data is of a higher density and thus more representative of the terrain. 4. LIDAR can provide first and last return data; first return data typically being tree canopy and last return data being bare earth. 5. LIDAR provides for rapid data acquisition. A raw elevation model for an entire county can be collected over the course of a few hours as opposed to several months for conventional photogrammetry. Thus, project schedules can be improved. 6. LIDAR is cost effective. Although the data must be validated and enhanced with breaklines, the overall cost of producing a DTM is significantly reduced for large projects by comparison to photogrammetric techniques. 7. LIDAR data can be captured during conditions when conventional photography cannot(i.e., night, clouds, and haze). 8. LIDAR data provides peripheral products (intensity images, vegetation analysis data, canopy heights, building / structure elevation models, etc.), which may be more costly or unobtainable from conventional photogrammetry. 9. LIDAR can provide accurate elevation data in areas heavily forested, where conventional photogrammetry cannot. It is a misconception that LIDAR can "see through" trees, although it can get adequate ground returns in heavily forested areas by reflecting a pulse between branches and leaves. Conventional photogram retry relies on the incident angle of the aerial photos to provide stereoscopy. Ina stereoscopic model; one photograph may be directly over the area of interest, but the center of adjoining photography may be several thousand feet away. ME'RRICK� SUILOINS ®UALITY SOLUTIONS • • "` Proposal to Provide City — Wide Aerial Photos and Contours City of Newport Beach Page 14 A Merrick & Company value- added product for validating the LIDAR elevation surface. November 14, 2005 L }maMelinglNe onlre' niral Appmac .eoc 10. LIDAR data is processed and filtered in a highly automated environment; thus providing consistent results. VI e o 0 I. Merrick will provide Newport with unique new software for inspecting and testing of the LIDAR data. This software will allow for maximum flexibility on current and future data applications. It will also readily provide significant quality assurance tools in the early project phases, to assure accuracy requirements are met, and that sufficient covera�e of the project area has been accomplished. The QC module of MARS being provided represents only a small portion of the functionality of the tool. Additional modules can be made available for managing and analyzing the LIDAR data as an optional service. "• 1. Merrick has developed proprietary software that provides clients with several significant advantages for managing enormous amounts of LIDAR information. The Merrick Advanced Remote Sensing (MARS) Software application comprises a Windows based modular suite of tools that are used to manage field collection, production, and client deliverable workflows. 2. Numerous significant advantages include: • Binary storage format • Field coverage verification • Control network validation and reporting in excel format • Calibration validation of entire datasets • Cross section/profiling of the DSM • Client shapefile tile scheme import/export • Graphical display of data in custom tile schemes and attributes • Ability to export selected or inclusive data segments with ease • User specified grid utilities • Orthographic and perspective viewing and navigation • Graphical point cloud representation and navigation • Graphical thinning and polygon representation and navigation • Selectable gridding algorithms and output formats • Multiple output data formats • Graphic color representation by elevation, flight line, multiple feature class and, grayscale intensity • Graphic data can be output in georeferenced TIF format Software Descrietion Binary Data Format - Project data and attribute information are stored in binary format, minimizing file size and optimizing, performance. Whole projects can be viewed and exported with minimal computing power. 1,000 square miles of data or more encompassing gigabytes of information can be managed at the desktop level. This eliminates requirements for large and expensive system network and database software. Field Coverage Verification - Ground Sample Distance(GSD) and coverage of the entire project area are graphically reviewed and verified before leaving the project site. MERRICK •UILOINO •UALITV OOLUTIONS • Proposal to Provide City— Wide Aerial Photos and Contours City of Newport Beach Page 15 Control Network Validation — Quality assurance of the DSM can be performed on large control networks with ease. GPS or other control can be imported, draped to the DSM, and graphically displayed. Data can be reviewed graphically and statistically analyzed for accuracy. Control network checkpoints can be computed (compared) against the LIDAR DSM. The user can specify and review the following parameters: • Specify the radius about a control point for analysis • Specify the vertical accuracy • Compute min/mean/max • Compute RMSE III Review data by inclusive or individual control points ■ Review number and statistics of individual LIDAR points within, the specified radius Report information can be customized and include min /mean/max average, and median statistic calculations. Elevation accuracy is user specifiable in the statistical calculation. Reports from the application can be generated in Excel or other text formats and exported for additional analysis. Cross Section/Profiling of DSM - Project mission flight lines are profiled to assure accuracy and calibration during the field collection process. Cross sections or profiles can be selected and generated from an orthographic view of point cloud or TIN data. Profile exaggerations can be applied 1 -I00x scales to compare laser flight line calibration accuracy. Zooming and panning of cross sections or profiles of multiple flight line data allow for review of consistency across the complete project DSM. A measuring tool is provided to validate accuracy. Additionally, the profile can be navigated (dragged) along a trajectory and updated to review all mission data with ease and speed. Client Tile Scheme Import/Export — ESRI shapefrle tile scheme and index attribute information can be imported to the database. The entire project, can be viewed in a vector format with file attributes, which provide for fast navigation to the A01. Data can then be analyzed, or exported as inclusive or subset information. A buffer can be specified to encompass overlapping information if needed. Complex polygon shapefiles can also be added to clip (include /exclude) area specific project data boundaries during the export process. Graphic Representation — Data can be represented by point cloud, TIN, and intensity information. Specific classifications of data can be displayed as ground, canopy, building, powerline, or other specified classes. Additionally, data can be displayed by flight line (individually color coded) to review specific mission(s) and calibration information. Performance - Data are displayed rapidly by automatic resealing of relevant data density at any given scale. This allows for minimal computing, power requirements for extremely large data sets. Additionally, it eliminates the need for complicated and expensive network and database solutions. The user can specify performance resolution variables to optimize viewing speed and resolution on specific platforms. Navigation Tools— Navigation of data can be accomplished in orthographic and perspective views. Data zooming, panning, and rotation can navigate through large point clouds, TIN, and intensity data classes at the full project, tile scheme, or macro level. November 14. 2005 0 ®0 MERRICK° C:MeMetlnglNawponVTedmicel Approachtlac ❑ ❑❑ BUILDING OUGLITV SOLUTIONS • • Proposal to Provide City — Wide Aerial Photos and Contours City of Newport Beach Page 16 Grid —The grid utility allows the user to specify grid spacing, inverse distance weighting, etc. Data can be exported to ESRI compatible Float Grid Binary and ASCH formats. Sub -set or inclusive data sets can be exported to provide maximum flexibility and data management. Import/Export Formats — All inclusive or sub -set data can be exported to several formats including: ASCII, Float Grid Binary, .las, shapefile, or custom. Data can be exported by classification, which can include all points, ground, canopy, intensity, building, vegetation, power line, or other client specified classes. Following are several additional capabilities of this powerful application: November 14, 2005 C:"2I*e6n9%NeWp r\TOtl1iW Appro .ftc View by classification The aerotriangulation process physically and mathematically ties individual exposures and associates the entire photo set with the project's horizontal and MERRICK BUILDING DUALITY BOLUTIONB 0 0 City Proposal to Provide ROM City -Wide Aerial Photos and Contours City of Newport Beach Page 17 vertical datum. Sophisticated software corrects inherent systematic errors such as earth curvature, atmospheric refraction, film distortion, camera lens distortion, and aircraft (flight) inconsistencies. The final aerotriangulation adjustment generates coordinates (X, Y) and an elevation (Z) for supplemental photogrammetric points on each photograph. These coordinates are used to set models during the stereo - compilation phase. Merrick uses a systematic and time- tested procedure for completing the aerotriangulation: The aerotriangulation process physically and mathematically ties individual exposures and associates the entire photo set with the project's horizontal and vertical datum. Sophisticated software corrects inherent systematic errors such as earth curvature, atmospheric refraction, film distortion, camera lens distortion and aircraft (flight) inconsistencies. The result of the final FDAAT solution is exterior orientations for each camera station; x,y,z location at the photo center and tip, tilt and swing of the camera at the instant the photo was captured. The exterior orientations are used to set models during the stereo- compilation phase. Final QC and Aerofflangulation Report 1. Throughout the FDAAT process Merrick is inspecting (approving and rejecting) the data before proceeding with the next step of the process. Thus, by the time the bundle adjustment is executed, only potential errors in the input control are remaining. The technician thoroughly reviews the residual and RMS results of the AGPS, ground control, and terrain (matched) points to ensure that the final results will support the accuracy requirements of the project. 2. Merrick strongly encourages the use of check points as an independent verification of the final bundle adjustment. We propose that Newport survey approximately 10 -20 well - distributed check points throughout the project area. Newport will withhold the coordinates and elevations of these check points and compare them against the derived coordinates from the bundle adjustment. Upon approval of the aerotriangulation results by Newport, these check points can be incorporated into the final adjustment as additional control. 3. A comprehensive report detailing the results of the FDAAT task will be submitted to the Newport project manager. The report will include, at a minimum, the following information: • A brief narrative of the aerotriangulation process • Root Mean Square (RMS) error and residuals of the ground control points • A discussion of any control misfits and corrective actions taken to resolve misfits • A statement of accuracy • A digital file of exposure locations with flight and exposure number annotated 4. The final report will be inspected and signed by Merrick's project manager, a Certified Photogrammetrist, and FDAAT technician. November 14, 2005 °❑i❑❑ M E R R I C K C:�naAatin 1Newpon�Tetlrnifal nppraacn.ax ❑ ❑❑ aun.omo uunury eownoNe 0 Proposal to Provide City — Wide Aerial Photos and Contours City of Newport Beach 0 18 PROJECT PROTOTYPE Once the imagery, LIDAR, survey, and aerotriangulation have been completed, Merrick recommends a project prototype. This will allow Newport to visualize all the database products requested in the RFP for a sample portion of the project. Completing the prototype ensures that both parties have a clear understanding of all project products and specifications. We believe we understand the complexity of this project and therefore do not anticipate major modifications in our procedures as a result of the prototype. Merrick proposes that a formal Prototype Review Meeting is held at Newport's offices. Alternatively, Merrick can host the meeting if Newport would like to tour our facilities in Colorado. The Newport project team will have an opportunity to review the prototype data prior to the review meeting. We recommend a review period of two (2) to four (4) weeks by Newport. The prototype will be a representative sub -set of the entire project. It is important to obtain a large enough sample of the project to ensure most database situations and anomalies are reviewed. Merrick proposes that four to six tiles should be completed to review unique project characteristics and economically complete revisions to the database if modifications are required. Specifically, the objectives of the prototype are: 1. Review the Database Design Document and determine the final list of attributes to be populated. 2. Produce a working model of the ortho image and DEM data products being generated and verify that the data will meet Newport's expectations. This model may be used by Newport to demonstrate and communicate the purpose of the project to consortium management and administrators. 3. Test the physical database structure. The primary aspects of the design will focus on defining and documenting important database structure items such as: • Coverage / layer naming conventions • Item naming and coding • Annotation level definition • Database tolerances • Line and symbol coding • Attribute definition • Tile formatting 4. Refine communication protocol and response time expectations for resolving project issues. 5. Establish and strengthen the working relationships between Merrick and Newport. 6. Modify in -house project quality control processes, as necessary, to remain compliant with project accuracies and specifications. 7. Modify and customize existing AML, MDL, LISP, etc. routines and in- house programs to conform to the unique characteristics of the project. 8. Once all prototype issues have been resolved, Newport would then provide Merrick authorization to proceed on project -wide production. November 14. 2005 ❑❑❑ C1m ehnglNevgm79T niWApp chEc ❑a❑ MERRICK' ❑❑❑ lULLO.NY au411ry /OLVTION6 Auto filtered data with trees and structures removed. Auto . filtered data with trees and structures removed including breakline November 14, 2005 CAm *OingWewp MT&tlniTw Appr aclido • • Proposal to Provide City — Wide Aerial Photos and Contours City of Newport Beach Page 19 Breakline Procedure, I . Utilizing a combination of automated filtering techniques, MARS®, and softcopy photogrammetry, Merrick derives "bare earth The filtered LIDAR data is draped on the imagery. LIDAR data points, either individually or in groups, are edited to ensure that they are "on the ground." Supplemental breaklines are compiled in critical locations to ensure the final DTM and contours meet project accuracy specifications. As a final validation, contours are generated and again draped in 3 -D. Merrick has integrated a combination of techniques, including 2D and 3D, to achieve the required accuracy specifications. • Because LIDAR point placement is accomplished randomly, the data does not often model steep slopes, retaining walls, culverts, roadside ditches and hydro features • Merrick's 2 and 3 -D edit procedures takes the filtered LIDAR point cloud and, converts the resultant surface into raw contours. Contours are reviewed with digital imagery, Merrick's analysts can readily determine if there are any errors in the LIDAR point data, and determine where breaklines need to be added. Merrick's 2 -D approach utilizes LIDAR points in attributing the Z values of the breakline. • The actual number and density of breaklines added to a LIDAR DSM are significantly less, when compared to a traditional photogrammetric DTM. This is due to the number of LIDAR points being hundreds of times denser. Additionally, the positional accuracy of the DSM data is far better than traditional photogrammetry. III Specific examples where Merrick's analysts would add breaklines and/or modify the LIDAR are listed below: — Points are also deleted from under bridges and a bridge polygon inserted to show where this was done Water areas are surrounded by a water breakline and a water spot elevation placed in the water body — Roads are compiled with road breaklines and, if a crown is visible, a centerline breakline is compiled 3. Next, breaklines are used to delete point data from within water and roads then used as standard 3 -D breaklines so that the final product will depict flat water surfaces and crowned roads. The LIDAR edit data proceeds to 3 -D quality control, compilation edit, and LIDAR final surface adjustment In the margin are examples of the LIDAR DSM before and after breakline addition. W!n u•rllr -I!ru I.O- �c- r -r,vwa rnm3.mc Because of the many LIDAR projects completed by Merrick, we have developed our own software and procedure to compensate for the marry technical issues associated with creating accurate and cartographically correct elevation databases. The following summarizes the use of MARSO software to compile breaklines for hydrographic features (i.e., rivers, lakes, etc.). MERRICK© BUILDING BUGLITY BOLU"ONO • • LIM"` Proposal to Provide City — Wide Aerial Photos and Contours City of Newport Beach Page 20 1. Lakes Lakes are compiled by using a combination of the LIDAR to determine elevation and ortho to determine X. Y location. There are two steps needed to compile a lake elevation: Step 1. Because LIDAR returns in water bodies are generally inaccurate, care must be taken to select the correct elevation. Two measurement systems can be used to determine the lake elevation: Measurement #1. Find the lowest possible LIDAR point at the water's edge next to the bank of the lake. This technique can be used when there are no LIDAR returns inside of the water body. Example: The user must find an edge of the bank that is not obscured by vegetation. In this image, the area around the dock is an excellent example Example: The surface has been rendered and primary colors have been added to describe subtle elevation changes in the surface. One -foot contours have been placed over the classified keypoint data at the inside and outside of the lake. The yellow elevation "below" the thick contours would be the correct Measuretnew 92. Lake elevation can also be determined by finding the "average lowest" elevation of the LIDAR returns. This technique is helpful when the banks, of the lake are obscured by vegetation. Example: One -foot contours have been placed over the classified keypoint data at the inside and outside of a lake. The contours will help the user to determine the elevation of the lake. November 14, 2005 C:MarkeunglNexporlVTepiniral Appmacp.000 1:100 M E R R I G K O ❑ ❑❑ EWLOINO QUALITY SOLUTIONS November 14, 2005 C{madeung %New dlTednlml Appmatl.tl El Proposal to Provide City — Wide Aerial Photos and Contours City of Newport Beach 0 21 Example: The surface has been rendered and primary colors have been added to describe subtle elevation changes in the surface. The yellow elevation "below" the thick contours would be the correct elevation for this lake. By sampling a few of the yellow elevations, a precise elevation can be determined. Step Z Once the correct elevation has been selected, the user can then compile the edge of the lake using the ortho. MERRICK° BUILDING DUALITY BOLUTIONB �.� . o� �. :�.�. 1 t ` � ' 'fi �. r �F ar � :a,. tri +rj i f :,�.. I/,rl �1! /r�` v r rr J � � 7��1 I � n .. F �l / /iJ /� /rr +�(! /��Ilr r /�I r /i r ri �. l +r1 /r +i rs �' /lr rlt T�+ � " err r(5( /r rJ'rt +��rr / �.l iir�rrHa+�:. �'� -�'7� � 4 rv-7 r �� v 44' G t��.� �` ��t Sc ! .t" 1 — 7 I �� r(l ✓f!+ f� t +�/ r /r/ ��+ /rr 11 � r �iJ .. '+t� t �i,r r !'�1 � r �i� /I' ,.ilr�rf' �i/P'riilr�JfCrrJ:�i 1: r,_ , 0 L`�"" Proposal to Provide City — Wide Aerial Photos and Contours City of Newport Beach Page 23 Example: A stream can be seen in the ortho connecting a swampy area 4o a lake Example: Before breaklines. One -foot contours are generated from the keypoint data. Example: The water bodies and stream are compiled November 14, 2005 1119❑❑ I V I ER R I C KO C:lmarkeun9lNewVaM1lTedmical MVI.d,.doa ❑❑❑ ®UILOINO QUALITY SOLUTIONO • • °" Proposal to Provide City— Wide Aerial Photos and Contours City of Newport Beach Page 24 Example: After breaklines. The hydro features now reside underneath a continuous contour. CONTOUR GENERATION, Following the collection and verification of the newly developed DTtbt data (derived from the LIDAR DSM and breaklines), Men ick uses MARS' °to process the DTM and interpolate the new two -foot (2`) contours. MARS' is proprietary software that Men ick has developed to provide clients with :several significant advantages for managing enormous amounts of LIDAR information. Internal to Merrick, the MARS& Software application also includes additional modular suites of tools that are used for contour interpolation and other applications. The following outline provides a concise description of the significant procedures /milestones that will occur to create contours for the project. I. The points in the DTM are related and connected to each other by creating a Triangulated Irregular Network (TIN). Drawing 3 -1) triangles whose corners are the DTM points creates the TIK November 14, 2005 °❑° ° u 1 nTe mial ApocLOOe ❑ _= ❑ M E R R I C K ❑ ❑❑ BUILDING QUALITY BOLVTIONB November 14, 2005 C.%modceunglNe od%Te ni=l Appm dI.d= • Proposal to Provide City— Wide Aerial Photos and Contours City of Newport Beach Page 25 2. When the points in the DTM are collected "on the ground" and in a sufficient density, the legs of the triangles that connect the points accurately represent the surface of the terrain. These triangles that are created to make the TIN are "drawn" within the contour interpolation (CIP) software according to certain rules. 3. The principle rule is that breaklines act as a "hinge" for any interpolation that would pass through them. That is, any triangulation that tries to get past a breakline by going over or under it is forced to go up or down to that breakline and then continue on from there. This prevents the TIN from "submarining" through ridges or "bridging" over trains. 4. The next step is to process the TIN to create the contour levels using contour interpolation software (CIP). After processing, attributes for elevation and line type are automatically populated for each line. 5. Contour data will be interpolated across sheet (tile) edges to form a continuous line. This will create an exact edge match of contours along the tile boundaries. Merrick will use the predetermined tile and sub -tile layout to "clip" continuous data into individual tiles. 6. Creating an aesthetic cartographic contour map is the next step in the process. At the editing workstation, contours are smoothed, enhanced, and verified to be within the tolerances of the accuracy specifications. During the prototype Merrick will work with the Partners to determine the cartographic quality of the contour database. 7. A final inspection of the vertical accuracy is then performed by comparing spot elevations to the interpolated contours. This essential, quasi - independent validation proves the accuracy of the contours relative to the adjustment of the aerial photography. CONTOUR Merrick utilizes ArcGIS sofivare tools to create topologically correct coverages /geodatabases, validate edgematching, and populate the database with appropriate attribute values. All final data will comply with the database design standards. 1. Using the final tile layout, Merrick will "clip" the continuous data into individual tiles. 2. Merrick's existing AML's and ARC tools will be customized to meet the specific QC /QA requirements of the Partners. Merrick can make selected AML tools available to the Partners to expedite the QC. 3. Following the on -line completeness verification, Merrick will then make corrections, if needed. Merrick understands the necessity for providing our clients with topologically correct databases. Thus, all final processed graphic data will conform to standard GIS topology `rules ": ■ Edge Matching: All digitized features will be both visual and coordinate edge matched with features from existing data, adjacent tiles, sheet edges, and at model breaks or other artificial boundaries within a tile. No edge MERRICK BUILDING GUGLITY BOLUTIONG • • Proposal to Provide LWIMA . City — Wide Aerial Photos and Contours City of Newport Beach Page 26 November 14, 2005 Coma*edng%Newpo 7eWniu1 Appmch.dm match tolerance will be allowed. Attributes for adjoining features will also be identical. Common Boundaries: All graphic features that share a common boundary, regardless of digital snap layer, will have the exact same digital representation of that feature in all common layers. ■ Point Duplication: No duplication of points will occur within a data string. • Connectivity: Where graphic elements visually meet, they will also digitally meet. All confluences of line and polygon data will be exact mathematically; that is, no `overshoots," "undershoots," "offsets" or invalid "pseudo nodes will exist. Lines that connect polygons will intersect polygons precisely; that is, every end point will be an intersection point of the respective polygon. • Line Quality: A high quality cartographic appearance will be achieved. Transitions from straight line to curvilinear line segments will be smooth and without angular inflections at the point of intersection. The digital representation will not contain extraneous data at a non - visible level. There will be no jags or hooks or zero length segments. Curvilinear graphic features will be smooth with a minimum number of points. When appropriate, line - smoothing programs will be used to minimize the angular inflection in curvilinear lines. Any lines that are straight, or should be straight, will be digitized using only two points that represent the beginning and ending points of the line. • Segmentation: The digital representation of digital elements will reflect the visual network structure of the data type. An element will not be broken or segmented unless that segmentation reflects a visual or attribute code characteristic or unless the break is forced by database limitations. ■ Area and Polygon Closure and Centroids: For area features being digitized, the last coordinate pair will be exactly (mathematically) equal to the first coordinate pair. Centroids will be placed in all polygon area features. ■ Point Criteria: All point features will be digitized as single x, y coordinate pairs at the visual center of that graphic feature. DIGITAL ORTHOPHpTo Merrick has extensive experience in producing digital orthophotography for our clients. Since 1990, we have generated over 40,000 color, black & white, and infrared images on projects of all sizes and complexities. Our 10 digital imaging technicians are well versed in all aspects of image processing and Merrick remains current with the latest software developments and processing techniques. Our in -house programming personnel provide customized support as necessary; to enhance production processes and image characteristics. The algorithms used to rectify imagery are static within the industry. Regardless of whether individual vendors use off -the -shelf or customized software and all inputs being equal, the positional accuracy characteristics of the final orthos will be essentially the same. Therefore, our focus is on image quality, production efficiencies, and customer support. MERRICK� oUILOINO QUALITY SOLUTIONS ` "''"'� Proposal to Provide City — Wide Aerial Photos and Contours L&U City of Newport Beach Page 27 November 14, 2005 G.-Wei etingwawp MTe nlwl Apprwd%.dm The following is an overview of the process by which Merrick creates digital orthophoto images. There are five (5) main steps involved in creating a digital ortho. These include the following: 1. Creation of the ortho DEM 2. Negative rasterization (scanning) 3. Fully differential orthometric rectification 4. Radiometric correction and image mosaicking 5. Data quality inspection and delivery Secondary processes may include: • Resamplingto multiple resolutions • File compression • Integrating the imagery into Merrick's custom display and plotting extensions Merrick uses Leica/Helava's latest release (4.3.1) of digital ortho processing software and high -end Dell workstations. Each step of the production process has internal validation measures, which must be approved before proceeding to the next step. The following section outlines our procedures for generating the ortho imagery. Input Vallidation and Setup I . The aerial images are thoroughly reviewed by our Digital imaging discipline lead for clarity, contrast, shadow detail, sunspots, and scratches. Photography that will not provide the highest quality final imagery will be re -flown at no cost to Newport. 2. The project area is sub - divided into workable blocks for efficient processing (up to 50 stereo- models per block). DEM data are merged for a given block and the elevation data is graphically displayed relative to the project boundary to ensure that all areas will be correctly rectified. 3. Ultimately, orthophotos are as accurate as the rectification surface on which they are based. Rigorous quality assurance procedures provide confidence that the DEM and consequently the orthophoto meet or exceed specifications. Therefore, the DEM is evaluated using various isometric views to check for any "spikes." The technician also validates that the DEM blocks overlap to ensure that there are no data gaps between blocks. 4. A grid is generated from the DEM. A gridded surface is more suitable for rectification than a DEM. 5. Project parameters (photo scale, camera calibration data, output resolution, etc.) are input to a project file for access by the Leica/Helava software. 6. Interior orientations (fiducial measurements) are imported from the stereo - compilation department to obviate the need for re- measurement and maintain consistency between the compiled data and final ortho imagery. 7. A reduced resolution data set is created by minifying (re- sampling) the scanned imagery. The reduced resolution data set will be subsequently used for the initial rectification. MERRICK° BUILOING YUGLITT ®OLUTONO • ""' Proposal to Provide City— Wide Aerial Photos and Contours. City of Newport Beach Page 28 True Ortho DTM Sample — Downtown Denver November 14, 2005 C:MaMefinglNewportlTetlini [ al. Appr.�.d. Image Rectification and Processlhg 1. Establishing or defining the ground stuface and scanned negative relationship via digital orientation are the next steps in the process. Digital images are geo- referenced to the DEM surface through an interior (from the camera calibration report) and exterior orientation (from the FDAAT) of the scanned image. These orientations relate the scanned image to the camera and subsequently the camera to the ground. 2. Leica/Helava's module MO is executed to simultaneously rectify and mosaic an entire block of imagery. This process is completed on the minified data set as an initial rectification to expedite processing. Merrick will use a Cubic Convolution re- sampling method, with the ability to edge- enhance or smooth an image as needed to arrive at the best geometric and radiometric output possible in the commercial market today. 3. Seam lines are automatically generated by the software and displayed to the technician. Tone and contrast are adjusted automatically between input images during this process, with the images then feathered across a buffer zone to eliminate seam lines within the project area. 4. The ortho technician reviews the locations of the seam lines and manually modifies them to avoid height objects and to place them in monotone areas (through open field, along road centerlines, etc.). The technician also reviews the image characteristics and modifies a block -wide histogram as necessary to adjust the overall tonal balance. 5. A second and final rectification is completed on the full resolution data set using the modified parameters and edited seam lines from the initial adjustment. Tonal balancing on a block basis is again reviewed to ensure consistent imagery. Overall image quality is reviewed to ensure that the imagery is of consistent tone and contrast across the project area, and to specifically look for any breaks or processing failures within the image. Any such breaks will because for rejection and recreation of the affected' sheets after determining the nature of the problem. 6. The block of imagery is cut to individual delivery tiles. 7. A visual inspection of each tile is completed for aesthetics (dust, lint, scratches, smears, building and bridge lean, etc.) 8. Bridges are corrected by rectifying them at "zero" elevation. The rectified feature is referenced and transferred to the final image file. Building lean is inherent in aerial photography due to the radial displacement properties of the aerial camera lens. However, true orthophoto generation can eliminate building lean, thus permitting unobstructed views of ground features on all sides of the building and ensuring a truly orthogonal view of the imagery. Naturally, true orthophoto generation requires a more rigorous approach than traditional image rectification. The following summarizes Merrick's approach to creating the true orthos for Newport. MEFiRICK BUILDING DUALITY SOLUTIONS °"` Proposal to Provide City — Wide Aerial Photos and Contours VA City of Newport Beach Page 29 Plan / Ortho Sample — Downtown Denver 1. Additional aerial photography will be flown with at least 80% overlap and 60% sidelap. 2. The photography will be acquired in "blocks" over the individual areas requested for true ortho rectification in the RFP. 3. A Feature Database file is generated using Leica's Pro600. The purpose of this file is to "pull" the buildings upright by placing rooftops directly over the buildings' footprints. • Breaklines are photogratmnetrically captured along the ground, rooftops, multi- levels of structures, and slopes. Each planar facet of roofs is collected as separate breakline polygons and/or polyhedrons. For curved building walls, the curves are divided into facets with breaklines. • During rectification, features that are polyhedrons containing single polygons are assumed by the software to be roof polygons; the sides of the building are automatically generated by dropping the polygon vertices onto the DTM surface. Polyhedrons containing multiple polygons are assumed to consist of roof and sides already, thus no sides are generated by the Leica software, Polygon features are assumed by the software to be roof or bridge polygons, and no sides are generated; this allows for proper rectification of surfaces that hover over the ground, particularly bridges. • When breaklines are collected, care is taken to place the edges of polygons just outside the edges of the buildings. This prevents artifacts from the edges being left behind in the imagery when the building is pulled into place. 4. The Feature Database is exported into the format required by the Orthophoto module using PROFDB. 5. A digital terrain surface (DEM, DTM, or LIDAR DSM) is prepared and imported into SOCET SET as a .dth file. This file will contain masspoint/breakline data and/or model keypoint data, and will be used in conjunction with the Feature Database file during rectification. The analyst utilizes a TIN format for rectification. 6. The Leica True Ortho software transforms the imagery along the triangle boundaries, thus providing a highly accurate rectification of the terrain. Additional files needed are support files generated during the AT process, which will contain interior and exterior orientation parameters for the rectification process. 7. Next, image pyramids are generated for each scan to be rectified (an internal requirement of the software). 8. For each true orthophoto, a base image must be selected as the target. Were this image to be rectified alone, the feature database file and the DTM would pull the buildings upright and put their roofs over their footprints; however, a shadow would be left on two sides, thereby occluding the terrain. Supplemental imagery is required to solve this problem. One or more supplemental images that have coverage in the hidden area are used as inputs to the process. 9. The Leica software automatically then detects the occluded region and selects the best image(s) to use to fill the area. To ensure the most November 4 101 '° ClmAetingtN wo rtVe hnic Appoh:doc 1❑ MERRICK ❑❑❑ GIIILOINO MUALITV BOLU"ONB E Proposal to Provide L MU City — Wide Aerial Photos and Contours City of Newport Beach Page. 30 3 -D Sample Image — Knoxville, TN accurate coverage in order to eliminate occlusion in the target ortho, the analyst will utilize eight supplementary images. 10. The imagery is then rectified and checked for accuracy. Special care is taken to review the final true ortho for smears caused by DTM or missing aerial photography. I f a smear occurs, the ortho technician reviews the DTM and imagery used in the rectification. Appropriate modifications are made to eliminate the source of error. 11. Once the trite ortho is inspected and accepted, the image is then mosaicked into a larger ortho block that was created from the original 60 % endlap / 30% sidelap photography. In this process, the footprint covered by the true ortho block is removed from the larger ortho block. This allows the trite ortho to be feathered into the seamless mosaic. 12. Final ortho tiles, which contain both true and traditional ortho, are then "clipped" into Newport's tile format. Merrick recognizes that the quality of orthophoto imagery can be subjective. Imagery that may look good to one person may not to someone else. For this reason, we work closely with our clients during the start-up and prototype processes to develop imagery that is suitable for all users. Our philosophy is that we are working as a team with our clients to achieve the desired results for their intended applications. The following outlines potential orthophoto quality issues that may arise on any given project and Merrick's solutions to these issues. Image Clarity The clarity of the image can be significantly affected by atmospheric haze and dust. Thus, aerial photography will be taken in accordance with ASPRS Standards for Aerial Photography whereby the "photography shall not be secured when the ground is obscured by haze, snow, smoke, dust, flood waters, or environmental factors that may obscure ground detail," The aerial photography is thoroughly reviewed for compliance with this standard. Brightness /Contrast Brightness and contrast can be controlled during the film processing, scanning, and orthophoto processing phases. The best way to achieve the proper brightness and contrast is through proper film selection and film processing. Although these factors can be controlled somewhat during the scanting and ortho processing phases, the extent to which they can be controlled is primarily dependent on the quality of film processing. Merrick completes a histogram analysis of the imagery prior to scanning to analyze and adjust the dynamic range of gray scale values for brightness and contrast. Brightness and contrast can also be further adjusted on a project -wide basis dining the mosaicking process. We recognize that acceptable brightness and contrast of the ortho imagery is subjective and varies from client to client. In an effort to detennine the optimum image quality parameters at the onset of the project, Merrick will: ■ Submit sample scanned images of varying contrast and brightness prior to scanning the balance of the film negatives NovemNovember t4, 200>' 0011 MERRICKO ber 1 wpplflreClniral Approach.EOi C 1111❑ BUILOINO OUGLITV SOLUTIONS ® • Proposal to Provide LIAMM . City —Wide Aerial Photos and Contours. City of Newport Beach Page 31 ■ Review the contrast and brightness of a sample set of imagery during the prototype review meeting Shadows The extent to which shadows impact the imagery is a direct result of the time of year and time of that the photography was flown. Longer shadows will give an overall appearance of darker imagery in heavily shadowed areas even though a histogram analysis may show that the imagery is similar. Regardless of the film type used or the time of year /day flown, you should be able to identify at least some, and preferably all, detail in shadow areas. To ensure the highest possible visibility of detail in shadows, the aerial vendor must properly expose the film and process the film according to manufacturer's specifications. Scratches Scratches can be introduced at various stages of the process. Scratching can occur when the Film passes across the platen in the camera, as the film is being passed through a film processor, as the film is being used to generate contact prints /diapositives, as the film is being scanned or even as the film is being rolled across a light table for review. It is difficult to completely eliminate scratches. To minimize the impact of scratching, Merrick works exclusively with aerial vendors that use the latest in camera and film processing technology. These vendors also recognize the importance of proper handling and storage of the original negatives. Whenever film is being reviewed on a light table, white tintless cotton gloves are wom by the technician and the table is thoroughly cleaned. Scratches are "paint- brushed" out during the orthophoto image QC check. The heaviest concentration is placed on scratches that fall on plammetric features, although any scratch that is unsightly is fixed. The extent to which scratches are fixed is a subject discussed at the kickoff and prototype review meetings. Artifacts Artifacts (lint, dust, etc.) can be introduced any time the film is being rolled out for any purpose. Although vendors and their subcontractors usually take great care to avoid scratches and artifacts, it is nearly impossible to eliminate them altogether. Artifacts that are unsightly or that fall on critical features are "paint- brushed" out during the orthophoto image QC check. Mosaicking Mosaicking is completed as a standard process to minimize the effect of inherent tonal variations from photo to photo. Our ortho technicians will review and modify seam lines so that they are placed in areas of consistent tonal balance and between buildings or bridges. A dynamic range adjustment is completed across the entire block of images to provide a tonally balanced product. The mosaicking parameters can be carried from block to block to ensure the entire project area has consistent tonal qualities. Radial Displacement (Buildings) Due to the radial properties of the aerial camera; buildings will `lean" outward from the center of each exposure. The extent to which a building leans is a Function of the height of the building and the distance from the nadir of the November14, 2005 CmadeGngWe wotllT tlna Appmh.tloc ❑ ®Q MERRICK° ❑ ❑❑ BUILDING DUALITY BOLUTIONB rX Vff Before mosaicking Image Group 1: Image Group 2: November 14, 2005 C:4naikeling \Newpo�lTecitnical Ap,.a h.d. • • Proposal to Provide City— Wide. Aerial Photos and Contours City of Newport Beach Page 32 photo. This can be very detrimental to ortho imagery since the leaning buildings will obscure otherwise visible features.. There are several ways to correct this anomaly. Buildings can be modeled by capturing bretklines at all elevation levels, and using this "DTM "data in the rectification of the orthos. This is known as true ortho rectification. This is a very expensive and time consuming task and is typically cost effective only in downtown areas with extremely tall buildings. A second option is to capture single spot photos directly above small areas of tall buildings. These "spot shots" are single -photo rectified and "spliced" into the standard photo set. A third option is to select and rectify the frame of photography that is most centered over the building(s) of interest. For this project, Merrick has proposes to eliminate building lean by using a true ortho process in the requested, downtown area. Radial Displacement (Bridges and Overpasses) In the case of bridges and multi -level overpasses, the orientation of the bridge in relation to the principle point of the photograph plays a large part in the output appearance of that bridge. If the bridge is oriented close to the photo center, very little modification, if any, may be required for that bridge:. if the bridge is located to the edge of the photo center, a marked degree of modification can occur to that structure, such as warping, ribboning; melting, etc.. Merrick will make every attempt to rectify bridges and overpasses using portions of the imagery that are closest to the center of each exposure, thus minimizing the lean of these features. Positional Accuracy The best way to internally validate that the final ortho products meet the required accuracy standard is by measuring control points on the final onho photos and comparing the values with the survey control coordinates. if available, planimetry is overlaid with the image data as well to check specifically for correct fit, placement, and completeness of the data prior to Final formatting and delivery. Final Digital Ortha Formatting 1. Final image quality and geometric fit is reviewed before translation to the client - specific file format. Once translation has occurred, the translated images are displayed to ensure no errors have occurred in translation. The images are then written to the specified media for delivery to the client, and are backed up with all related project data to assure data recovery for future operations.. 2. For this project, we anticipate that all imagery will be output as TIFF format files (.tif) with a georeferencing world (header) file (.tfw). This format is readable by Arclnfo and other GIS packages. Acceptance Criteria Newport understands that the quality of ortho imagery is subjective to each user and quantifying the acceptability of ortho imagery, in specific terns, is not a goal of this project. Due to inherent anomalies in aerial photography, Newport accepts that there will be minor variations in brightness, contrast and tied❑ MERRIC;KO ❑❑❑ BUILOINB QUALITY BOLUTIONB 0 • Proposal to Provide City - Wide Aerial Photos and Contours City of Newport Beach Page 33 color tone in the ortho imagery throughout the project area. The following will be used as a guideline for acceptance of the digital orthophotography. These anomalies must be apparent when viewing at the intended mapping scale (i.e., 1" =100' scale). Artifacts Accepted - Minor artifacts only. Scratches and artifacts in areas of "insignificance" such as water, trees, fields, etc. Scratches and artifacts, regardless of location, do not detract from usability or overall aesthetics of imagery. Accepted with Rework - Significant scratches and artifacts throughout tile. Scratches and artifacts on numerous planimetric detail such as buildings, roads, etc. Scratches and artifacts detract from usability or overall aesthetics of imagery. Contrast Accepted - Contrast is the same or very similar to agreed to prototype. Accepted with Rework - Contrast is significantly different than agreed to prototype. Radiometry / Seamlines Accepted - Only minor variations between tiles or flight strips when viewed in conjunction with surrounding tiles or across project/delivery area. Seamlines between individual source photos are nearly or completely invisible. Obvious attempts have been made to "feather" seamlines and they have been placed primarily in monotone or inconspicuous areas. Accepted with Rework - Significant variations are apparent between tiles or flight strips when viewed in conjunction with surrounding tiles or across project/delivery area. Obvious seam lines exist between source photos with no apparent attempt to correct. Seam lines have been placed through buildings when other routes could have been used. Clarity Accepted - Image is clear and primarily free of blurred areas within the limitations of mosaicking and the source aerial photography. Pixel resolution is correct as per specifications. All image pixels exist. Accepted with Rework - Image is not clear or has numerous areas blurring that can be attributed to factors outside the source aerial photography. Pixel resolution is greater than defined by specifications. Image pixels have dropped out. Warping / Stretching Accepted - Imagery is free of warped or stretched areas. Accepted with Rework - Image has warped or stretched area that cannot be attributed to extremely steep terrain. November 14, 2005 ' cunaaeu�y,rbw�,raa,m� naa�m.e� [Job M E R R I C K ❑❑❑ Eun.oiwu MUALITV sownorvs November 14, 2005 C:%M*GUWNe Py Ts&Nail Appi�.COc • 0 Proposal to Provide City -Wide Aerial Photos and Contours Ctty of Newport Beach Page 34 Edge Matching Accepted — Ortho tiles edge match within the tolerances of accuracy requirements. Accepted with Rework — Ortho tiles do not edge match within accuracy specifications. Positional Accuracy Accepted — Ortho imagery matches planimetric data within the tolerance of accuracy specifications. (+/- calculations on control and/or check points) are within accuracy specifications. Accepted with Rework —Ortho imagery does not match planimetric data within the tolerance of accuracy specifications. { +/_ calculations on control and/or check points) are not within accuracy specifications. Image Resample Following image acceptance, Merrick will resample the data, creating a 1.0' dataset. DELIVERABLES Merrick understands that the following deliverables will be provided to Newport for this project, and are that Newport will maintain sole ownership of such: Ground Control Surveying I Products 1. ASCII Coordinate listing of all new (temporary) established GPS points. 2. Shapefile of the new GPS control points. 3. Final Ground Control / GPS Survey Report. 1. FDAAT results report and computations (include AGPS derived photo centers and ground control coordinates). 2. Shapefile of the resultant stereo-model limits. LIDAR Products 1. Shapefile of the flight plan(s). 2. Final classified (filtered) DSM (bare - earth) in binary (.las) and ASCII format. 3. First return (canopy) data in binary (.las) and ASCII format. 4. Intensity return data in binary (Jas) and ASCII format. 5. Accuracy (control) report illustrating the results between the DSM and project ground control in Microsoft Excel (.xls) format. • .. .. .. 1. Quarter -foot (0.25') pixel resolution color digital orthophotography in Tiff format (.tif) ith a geo- referencing world header file (.tfw) delivered on CD /DVD.Amid mx /O F6Yyrlut MERRICK" BUILDING ouAUTV SOLUTIONS • L302° "� _ Proposal to Provide City — Wide Aerial Photos and Contours City of Newport Beach Page 35 November 14, 2005 C:lmarkaUnB�NewpodlTeClpical App.e .d. 2. One -foot (1.0') pixel resolution resamples of color digital orthophotography in Tiff format (.tif) with a geo- referencing world header file (.tfw) delivered on CD / DVD. 'J =IU tldl' Two -foot (2.0') contours with annotation and indexing at 10' intervals in ESRI Geodatabase fonnatdelivered on CD / DVD. 2. Final enhanced surface (DTM) as line and point files compatible with ESRI software delivered on CD / DVD. NGS data or reference sheets of any available and/or monumented ground control points. 2. ASCII file of any existing ground control points with attributes. 3. Shapefile / Arclnfo export file (.e00) / AutoCAD (.dwg) / MicroStation design file (.dgn) of the existing tiling index with attributes. 4. FDGC metadata template 5. Timely and thorough review, feedback, and acceptance of deliverable products. • It is imperative on any project to develop quality control policies and procedures suitable for efficiently evaluating and ensuring the quality and integrity of the map products and digital databases. Merrick fully understands that the cost of ensuring quality at the onset is considerably less than the cost of rework. Poor quality work also bears opportunity cost in schedule impacts (rework vs. new work) and future references. But most of all, providing high quality data to our clients is just the right thing to do! Therefore, at Merrick, our goal is to ensure that all QC steps are in place at the onset of the project and that the highest quality products are delivered the first time. Merrick takes full responsibility for the work of all subcontractors and for their adherence to this same policy. Since the company's inception in 1955, Merrick & Company has successfully completed literally thousands of architectural / engineering / surveying/ GIS projects. With this extensive experience we recognize that it is not realistic to expect that every project will unfold exactly as planned. Issues may arise and problems may occur within the span of this contract Although we do not anticipate problems on this project, we will adhere to a basic and cooperative plan should they occur. It is Merrick's policy, and firm commitment to: • Identify problems at an early stage • Engage in honest and open communication with Newport about problems • Resolve all problems in a professional, timely and courteous manner MERRICK° SWLOINO OUAUTY SOLUTION! November 14, 2005 e:ve hngwewpminTeon�l Mwoec AM 0 Proposal to Provide City — Wide Aerial Photos and Contours City of Newport Beach Page 36 Overview of • • Merrick employs numerous QC checks throughout the entire mapping process. However, we place our greatest concentration on the initial photogrammetric processes — aerial photography, control (AGPS and ground GPS), and aerotriangulation, as these tasks form the basis of final product quality and accuracy. Once these processes have been completed, any additional errors that are introduced to the process tend to be random and not systematic in nature. We also place significant emphasis on the final processing of the digital imagery. Our goal is to provide seamless, tonally - balanced imagery that supports our clients' aesthetic requirements. One of the greatest challenges of producing digital orthophotography is defining, with quantifiable criteria, the acceptability of imagery. What looks good to one end user may not to another. Thus, review of sample imagery and the prototype project are critical facets to this project. Newport's challenge will be to achieve consensus with all users. Merrick has extensive experience working with multiple entities on projects such as Newport's. We will assist in guiding any discussions concerning the imagery during the prototype review meeting. Aerial Imagery • • The flight plan is prepared and checked by the project manager to ensure proper photo coverage, flight height, and overlap. A copy of the recommended flight plan is submitted to Newport for review and approval prior to the flight mission. The film is processed and edited to verify that maximum allowable tolerances for crab, tip, and tilt have not been exceeded, and that optimum overlap has been maintained. The film review is completed by both AFS and Merrick. The film is also reviewed by Merrick's digital orthophotography specialists for clarity, contrast, and potential anomalies. Merrick feels that the use of a subcontractor helps ensure quality products. Merrick has significant experience reviewing film/imagery products and believes this component critical to the overall quality of any produced imagery. As such, we are extremely thorough in our review and acceptance of imagery. D•' QA/QC Merrick has several procedures used throughout the LIDAR mission that assures the elevation data meets the predefined accuracy standards. The primary QA/QC steps are summarized below: Mission Planning During the mission planning step, Merrick details the criteria of the project to make sure that the specifications can be easily met. Our QA/QC checklist and procedures are modified to meet the unique requirements of each project. Specific items that are checked during the mission planning are: • Datum verification • Obtain NGS reference information • Prepare safety plan • Input and verify flight line start/stop into Track'Air Navigation system • Input and verify altitude of each flight line MERRICK� •UILDINQ QUALITY SOLUTIONS • USA Proposal to Provide City — Wide Aerial Photos and Contours City of Newport Beach Page 37 November 14, 2005 C:fmslke6nglNOwpotl \ieNnical Appmxch.:eoc ■ Inspect each flight line for potential flight line breaks In- flight Quality Inspection During the actual flight, the pilot and LIDAR Operator is in constant communication in the aircraft. Both are concentrating on flight navigation to assure that the appropriate area(s) are being mapped. Additionally, the in- flight operator is constantly monitoring satellite configuration, laser pulse output, and other system parameters. Merrick's two (2)- person, in -flight procedures are key components to acquiring high quality LIDAR data. GPS Planninq In order to acquire accurate horizontal and vertical elevation data, the GPS portion of the project must be carefully planned and executed. To acquire elevation data that meets the required contour specifications, Merrick will need to have a minimum of six (6) available satellites and DOPS less than four (4). Previous experience has demonstrated that approximately 8 -10 hours of flight time are available per day. AGPS Base Station Placement and Number As previously mentioned, control would be achieved through the Airborne GPS (AGPS) and Inertial Measurement Unit (IMU) Position and Orientation (POS) technology. To complete this portion of the project, Merrick will provide base station support with two (2) receivers during \aerial photography mission. Having two base stations operating during each LIDAR mission is a method to guarantee that the aircraft is no more than fifty (50) miles from a GPS base station. The additional receiver also provides redundant data in the unlikely event of a GPS equipment or satellite problem. GPS and IMU Field Inspection At the end of each flying mission, LIDAR, GPS and IMU data are inspected in the field. The primary items being inspected in the field are: • Area of coverage • Kinematic GPS results (A fully constrained network adjustment will be performed to check the accuracy of the base stations) • Inertial measurement results • Tie comparison between adjacent flight lines • x,y,z location of all ground returns with associated time stamp are inspected If any of the above items are questionable, additional re- flights will occur during the next flying mission. Filter Testing Filtering "bare earth" is accomplished using both off -the -shelf and custom software. Prior to filtering large amounts of data, testing is complete on various ground cover areas within the project. Comparisons are then accomplished between known elevation points and the filtered data. This allows Merrick to customize our filters and compensate for unique areas such as: bare earth and low grass; high grass and crops; fully covered coniferous trees; fully covered deciduous trees; and, urban. The end result of this procedure is a better defined elevation model representing bare earth. MERRICK© BUILOINO AUYLITV BOLUTIONB November 14, 2005 C Appl.a d. 0 0 Proposal to Provide City — Wide Aerial Photos and Contours City of Newport Beach Page 38 Control Check Point Comparison After the filtering is complete, Merrick analyzes and compares the LIDAR data with known elevations. We anticipate being able to use the project's extensive control database to accomplish this step. Airborne QA/QC ■ All AGPS projects are flown with at least two (2) ground stations. All ground stations are set up at pre- determined, multi -path free locations. Multiple ground stations provide data redundancy, which allows processing from one ground station to the other. ■ During the flight, all ground stations are monitored. Any interruption in operation can be conveyed to the flight crew via radio. ■ In the aircraft, GPS lock is monitored on the Trimble survey controller. All end -turns are kept to a 20- degree bank or less to reduce the risk of losing initialization. • At the end of the day's mission, all data is copied onto laptops creating multiple copies. • Post processing is done with a 15- degree mask angle, using the best satellite configuration for that day. The final submitted post processed file is the combined product of forward and reverse processing. • Several GPS receivers, observing simultaneously, will be used in a "leap frog" approach to GPS observations. ■ All antenna heights will be measured in both meters and feet to guarantee and verify an accurate receiver setup. Survey data collected from the field by receivers will be checked daily by reviewing processed raw data and running loop closure checks. ■ Loop closure tests of the ground control GPS observations will be performed to validate the integrity of the data. Closures on the GPS network show the resulting precision ratio in parts per million (PPM). Results are shown for each day of observations and for the entire project. Coordinates are referenced to latitude and longitude, while height is an ellipsoid value. The total distance traveled along the traverse is displayed together with the accuracy in parts per million (PPM). Also, the mis- closure by the difference in X, Y and Z Cartesian coordinates (dx, dy, dz) is shown. Loop closures are done before any adjustment and before any constraint of the GPS network. The latitude and longitude coordinates and ellipsoid heights from loop closures are not to be used as final coordinates. ■ An error ellipse is used to show each point's expected horizontal coordinate standard error. The scale of the plots is shown by the bar ticks running through the ellipses and by the tag at the bottom of the page of the display indicating the bar scale tick value. The scale is the same for all pages of the displayed ellipses. The point name is shown at the lower left of each ellipse and the angle (measured counter - clockwise from the positive east bar scale) made by the major ellipse axis is shown at the lower right. The sigma scalar shows the ellipses in the 95% confidence region. MERRICK` SUILOINU ausury SOLUTIONS • • Proposal to Provide City— Wide Aerial Photos and Contours City of Newport Beach Page 39 • The RMS results of the interior orientations are reviewed by the aerotriangulation technician for compliance with a set standard of <l0 microns. • Potential auto - correlation matching errors are automatically [lagged by the software and resolved by the aerotriangulation technician. • The analytical technician will review the soft pugged scanned imagery to verify not less than one (I ) tie point per stereo model is common to the adjacent flight line, and that each stereo model contains not less than six (6) pass points. • During point mensuration on the softcopy analytical stereoplotters, independent model solutions are computed, and refined photo coordinates are checked to ensure that no point exceeds 10 microns of error. • During the mensuration process, the analytical technician will check for presence of gross errors, and take preventive measures during the intermediate adjustment procedures. Ground control checkpoints are used to verify the ground control survey and aerotriangulation. After the accuracy has been verified, the checkpoints will then be included in the final aerotriangulation and in all subsequent stereo model setups. • The aerotriangulation technician thoroughly reviews the residual and RIMS results of the AGPS, ground control and terrain (matched) points from initial and final adjustments to ensure that the final results will support the accuracy requirements of the project. • The final bundle adjustment is reviewed by the aerotriangulation technician, discipline lead, project manager, and a Certified Photogratmnetrist (CP). • An Aerotriangulation Report is generated, reviewed, and signed by the discipline lead, project manager, and a Certified Photogrammetrist. Digital o . • QA/QC • Aerial negatives are thoroughly reviewed by our digital imaging discipline lead for clarity, contrast, shadow detail, sun spots, and scratches. • White lintless cotton gloves are wom by technicians when film negatives are being reviewed and the table is thoroughly cleaned. • The DEM is evaluated using various isometric views to check for any "spikes." ■ DEM data are merged for a given block and the elevation data is graphically displayed relative to the project boundary to ensure that all areas will be correctly rectified. • Ortho technicians validate that the DEM blocks overlap to ensure that there are no data gaps between blocks of imagery. • Ortho technicians review the location of seam lines and manually modify them to avoid height objects and to place them in monotone areas (through open field, along road centerlines, etc.). November 14, 2005 1101❑ C maG�.tlx MERRICK :lmalketin WewparlVTechnical App ❑❑❑ OWLOINY MUALRY SOLUTIONS. • E Proposal to Provide City — Wide Aerial Photos and Contours City of Newport Beach Page 40 • Ortho Technicians review the block -wide image characteristics and modifies a histogram as necessary to adjust the overall tonal balance. • Tonal balancing on a project -wide basis is reviewed to ensure consistent imagery and to specifically identify any breaks or processing failures. • A final visual inspection of each tile is completed for aesthetics and anomalies (dust, lint, scratches, smears, building and bridge lean, etc.) • Visible control points are measured on the final orthophotos and are compared against the values of the survey control coordinates. An RMSE is calculated for all measured control points and compared against the accuracy standards for the project. Novermber 14, 2005 001❑ n vm%Te npu.aa 00 M E R R I C K ❑❑❑ •UILOINO OUYLITY IOLUTION6 Plan C t#, adh CO ACORM CERTIFICA E OF LIABILITY MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH INSURANCE 01106105 ° "Y' PRODUCER POLICY NUMBER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Van Gilder Insurance Corp. 700 Broadway, Suite 1000 LIMITS ONLY HOLDER. ALTER AND CONFERS NO RIGHTS UPON THE CERTIFICATE THIS CERTIFICATE DOES NOT AMEND, EXTEND OR THE COVERAGE AFFORDED BY THE POLICIES BELOW. Denver, CO 80203 11/01105 11/01106 EACH OCCURRENCE 303 837 -8500 FIRE DAMAGE (Anyone fro) $300000 INSURERS AFFORDING COVERAGE INSURED Merrick & Company P.O. Box 22026 2450 S. Peoria St. INSURER A. Hartford Insurance Group INSURER B: American International Specialty Lin INSURER c: Lexington Insurance Company (AIG) Denver, CO 80222 $10,000 INSURER D: $1,000,000 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. HER LTR TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTIVE D POLICYEXPIRATION DATE MMMDNY LIMITS A GENERALUARILRY 34UUNRA4106 11/01105 11/01106 EACH OCCURRENCE $1000000 FIRE DAMAGE (Anyone fro) $300000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE O OCCUR MED EXP (My one person) $10,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIM ITAPPLIES PER: PRODUCTS- COMPIOPAGG $2000000 POLICY 7 PRO- JECT p LOC A AUTOMOBILE LIABILITY ANY AUTO 34UENTX5483 11101/05 11/61/06 COMBINED SINGLE LIMIT (Eaaccidenp !1,000,000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SOHEDULED AUTOS X BODILY INJURY (Per accident) rt) $ HIRED AUTOS NONAWNED AUTOS X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGO B EXCESS LIABR.ITY BE7227747 11/01/05 11/01/06 EACH OCCURRENCE $5,000,000 X OCCUR 1:1 CLAIMS MADE AGGREGATE $5,000,000 f $ DEDUCTIBLE $ X RETENTION $10000 A WORKERS COMPENSATION AND 34WBPM5281 11/01105 11/01106 1( WC SLIMIT OTH- EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPL OYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 L' OTHER Architects & 0337758 04/07105 04/07/06 $1,000,000 per claim ngineers $2,000,000 annl aggr. rofessional Liab DESCRIPTION OF OPERATN )NWLOCATIONSNEHICLESIEXCLUSONS AWED BY ENDORSEMENTISPECIAL PROVISIONS The City of Newport Beach, Public Works Department, the City, its officers, agents, officials, employees, and volunters are listed as Additional Insured, under General Liability and Auto Liability only, in respects to their interest in work performed by the insured as per written (See Attached Descriptions) City of Newport Beach Public Works Department P.O. Box 1768 Newport Beach, CA 92658 -8915 I Arnon ANYOFTHE CANCELLED THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL30— DAYSWRITTEN ETOTHE CERTIFICATE HOLDER NAMED TOTHE LEFT, BUTFAILURE TOOOSOSHALL SE HOOSLIGATION OR LIABILITYOF ANYKIND UPON THE INSURERJTS AGENTS OR REPRESENTATNE ...... r., Arnon rnoDnQATU11M 4029 specified contracts. The insured is primary excluding the Workers Compensation and the Professional Liability. Waiver of Subrogation in favor of the City of Newport Boulevard applies to the Workers Compensation policy. '10 day notice of cancellation for non payment of premium. AMS 25.3 (07/97) 2 Of 2 #S437724IM430804 0 1 0 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words "we ", "us" and "our" refer to the stock insurance company member of The Hartford providing this insurance. The word "insured" means any person or organization qualifying as such under Section II —Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V — Definitions. SECTION I — COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or 'property damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit' seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III — Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly Provided for under Supplementary Payments — Coverages A and B. b. This insurance applies to "bodily injury" and "property damage" only if: (1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory"; (2) The "bodily injury" or "property damage" occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section If — Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. c. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section II — Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage "; or (3) Becomes aware by any other means that "bodily Injury" or "property damage" has occurred or has begun to occur. d. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury ". e. Incidental Medical Malpractice (1) "Bodily injury" arising out of the rendering of or failure to render professional health care services as a physician, dentist, nurse, emergency medical technician or paramedic shall be deemed to be caused by an "occurrence ", but only if: (a) The physician, dentist, nurse, emergency medical technician or paramedic is employed by you to provide such services; and (b) You are not engaged in the business or. occupation of providing such services. HG 00 01 06 05 Page 1 of 18 © 2005 The Hartford (Includes copyrighted material of Insurance Services Office, Inc. with its permission.) 0 (2) For the purpose of determining the limits of insurance for incidental medical malpractice, any act or omission together with all related acts or omissions in the furnishing of these services to any one person will be considered one "occurrence ". 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. b. Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contract ", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an "insured contract ", reasonable attorney fees and necessary litigation expenses incurred by or for a parry other than an insured are deemed to be damages because of "bodily injury" or "property damage ", provided: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract "; and (b) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing, distributing, selling, serving orfurnishing alcoholic beverages. 0 d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph (1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an "insured contract ". f. Pollution (1) "Bodily injury' or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants ": (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured. However, this subparagraph does not apply to: (1) "Bodily injury" if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests; (ii) "Bodily injury" or "property damage" for which you may be held liable, if you are a contractor and the owner or lessee of such premises, site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any insured, other than that additional insured; cr Page 2 of 18 HG 00 01 06 05 (iii) "Bodily injury" or "property damage" (e) At or from any premises, site or location on arising out of heat, smoke or fumes from which any insured or any contractors or a "hostile fire "; subcontractors working directly or indirectly (b) At or from any premises, site or location on any insured's behalf are performing operations if the operations are to test for, which is or was at any time used by or for monitor, clean up, remove, contain, treat, any insured or others for the handling, detoxify or neutralize, or in any way respond storage, disposal, processing or treatment of to, or assess the effects of, "pollutants ". waste; (c) Which are or were at any time transported, (2) Any loss, cost or expense arising out of any: handled, stored, treated, disposed of, or (a) Request, demand, order or statutory or processed as waste by or for: regulatory requirement that any insured or (i) Any insured; or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in (ii) Any person or organization for whom you any way respond to, or assess the effects of, may be legally responsible; "pollutants"; or (d) At or from any premises, site or location on (b) Claim or suit by or on behalf of a which any insured or any contractors or governmental authority for damages subcontractors working directly or indirectly because of testing for, monitoring, cleaning on any insured's behalf are performing up, removing, containing, treating, operations if the "pollutants" are brought on detoxifying or neutralizing, or in any way or to the premises, site or location in responding to, or assessing the effects of, connection with such operations by such "pollutants ". insured, contractor or subcontractor. However, this paragraph does not apply to However, this subparagraph does not apply liability for damages because of property to: damage" that the insured would have in the (i) "Bodily injury" or "property damage" absence of such request, demand, order or arising out of the escape of fuels, statutory or regulatory requirement, or such lubricants or. other operating fluids which claim or "suit" by or on behalf of a governmental are needed to perform the normal authority. electrical, hydraulic or mechanical g. Aircraft, Auto Or Watercraft functions necessary for the operation of "mobile equipment" or Its parts, if such "Bodily injury" or "property damage" arising out of fuels, lubricants or other operating fluids the ownership, maintenance, use or entrustment to escape from a vehicle part designed to others of any aircraft, "auto" or watercraft owned or hold, store or receive them. This operated by or rented or loaned to any insured. Use exception does not apply if the "bodily includes operation and "loading or unloading ". injury" or "property damage" arises out of This exclusion applies even if the claims against the intentional discharge, dispersal or any insured allege negligence or other wrongdoing release of the fuels, lubricants or other in the supervision, hiring, employment, training or operating fluids, or if such fuels, monitoring of others by that insured, If the lubricants or other operating fluids are "occurrence" which caused the "bodily injury" or brought on or to the premises, site or "property damage" involved the ownership, location with the intent that they be maintenance, use or entrustment to others of any discharged, dispersed or released as part aircraft, "auto" or watercraft that is owned or of the operations being performed by operated by or rented or loaned to any insured. such insured, contractor or This exclusion does not apply to: subcontractor; (ii) "Bodily injury" or "property damage" (1) A watercraft while ashore on premises you own sustained within a building and caused or rent; by the release of gases, fumes or vapors (2) A watercraft you do not own that is: from materials brought into that building (a) Less than 51 feet long; and in connection with operations being b Not being used to car { } g carry persons for a performed by you or on your behalf by a charge; contractor or subcontractor; or (iii) "Bodily injury" or "property damage" (3) Parking an "auto" or or the ways next to, "auto" own r rent, the Ie arising out of heat, smoke or fumes from n loaned t not owned by or rented or loaned to you or the not owned a "hostile fire "; or insured; HG 00 01 06 05 Page 3 of 18 • (4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; (5) "Bodily injury" or "property damage" arising out of the operation of any of the equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment "; or (6) An aircraft that is not owned by any insured and is hired, chartered or loaned with a paid crew. However, this exception does not apply if the insured has any other insurance for such "bodily injury" or "property damage ", whether the other insurance is primary, excess, contingent or on any other basis. h. Mobile Equipment "Bodily injury" or "property damage" arising out of: (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity. I. War "Bodily injury" or "property damage ", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. j. Damage To Property "Property damage" to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you: (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3) and (4) of this exclusion do not apply to "property damage" arising from the use of elevators. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs (3) and (4) of this exclusion do not apply to "property damage" to borrowed equipment while not being used to perform operations at the job site. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products - completed operations hazard ". k. Damage To Your Product "Property damage" to "your product" arising out of It or any part of it. I. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products - completed operations hazard ". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency,. inadequacy or dangerous condition in "your product" or "your work" or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work` after it has been put to its intended use. Page 4 of 1S HG 0001 0605 0 n. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product" (2) "Your work "; or (3) "Impaired property "; if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. o. Personal And Advertising Injury "Bodily injury" arising out of "personal and advertising injury". p. Electronic Data Damages arising out of the loss of. loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD- ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. q. Employment-Related Practices "Bodily injury" to: (1) A person arising out of any "employment — related practices "; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" to that person at whom any "employment - related practices" are directed. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. r. Asbestos (1) "Bodily injury" or "property damage" arising out of the "asbestos hazard ". (2) Any damages, judgments, settlements, loss, costs or expenses that: (a) May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or 0 kind to persons or property which would not have occurred in whole or in part but for the "asbestos hazard "; (b) Arise out of any request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of an "asbestos hazard" or (c) Arise out of any claim or suit for damages because of testing for, monitoring, cleaning up, removing, encapsulating, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of an "asbestos hazard ". Damage To Premises Rented To You — Exception For Damage By Fire, Lightning Or Explosion Exclusions c. through h. and j. through n. do not apply to damage by fire, lightning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section 111 — Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "personal and advertising injury" to which this insurance does not apply. We may, at our discretion, investigate any offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III — Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments — Coverages A and B. b. This insurance applies to "personal and advertising injury" caused by an offense arising out of your business but only if the offense was committed in the "coverage territory" during the policy period. HG 00 0106 05 Page 5 of 18 E 2. Exclusions This insurance does not apply to: a. Knowing Violation Of Rights Of Another "Personal and advertising injury" arising out of an offense committed by, at the direction or with the consent or acquiescence of the insured with the expectation of inflicting "personal and advertising injury'. b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral, written or electronic publication of material, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral, written or electronic publication of material whose first publication took place before the beginning of the policy period. d. Criminal Acts "Personal and advertising injury" arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liability "Personal and advertising injury" for which the insured has. assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. f. Breach Of Contract "Personal and advertising injury" arising out of a breach of contract, except an implied contract to use another's "advertising idea" in your "advertisement ". g. Quality Or Performance Of Goods — Failure To Conform To Statements "Personal and advertising injury" arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement ". In. Wrong Description Of Prices "Personal and advertising injury" arising out of the wrong description of the price of goods, products or services. L Infringement Of Intellectual Property Rights "Personal and advertising injury" arising out of any violation of a6y intellectual property rights such as copyright, patent, trademark, trade name, trade secret, service mark or other designation of origin or authenticity. However, this exclusion does not apply to infringement, in your "advertisement ", of: (1) Copyright; 0 (2) Slogan, unless the slogan is also a trademark, trade name, service mark or other designation of origin or authenticity; or (3) Title of any literary or artistic work. j. Insureds In Media And Internet Type Businesses "Personal and advertising injury" committed by an insured whose business is: (1) Advertising, broadcasting, publishing or telecasting; (2) Designing or determining content of web sites for others; or (3) An Internet search, access, content or service provider. However, this exclusion does not apply to Paragraphs 17.a., b. and c. of "personal and advertising injury" under the Definitions Section. For the purposes of this exclusion, placing an "advertisement" for or linking to others on your web site, by itself, is not considered the business of advertising, broadcasting, publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board the insured hosts, owns, or over which the insured exercises control. 1. Unauthorized Use Of Another's Name Or Product "Personal and advertising injury" arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatags, or, any other similar tactics to mislead another's potential customers. m. Pollution "Personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time. n. Pollution - Related Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants" or (2) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants ". Page 6 of 18 HG 00 01 06 05 0 o. War "Personal and advertising injury ", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any govemment, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by govemmental authority in hindering or defending against any of these. p. Internet Advertisements And Content Of Others "Personal and advertising injury" arising out of: (1) An "advertisement" for others on your web site; (2) Placing a link to a web site of others on your web site; (3) Content, including information, sounds, text, graphics, or images from a web site of others displayed within a frame or border on your web site; or (4) Computer code, software or programming used to enable: (a) Your web site; or (b) The presentation or functionality of an "advertisement" or other content on your web site. q. Right Of Privacy Created By Statute "Personal and advertising injury" arising out of the violation of a person's right of privacy created by any state or federal act. However, this exclusion does not apply to liability for damages that the insured would have in the absence of such state or federal act. r. Violation Of Anti -Trust law "Personal and advertising injury" arising out of a violation of any anti -trust law. s. Securities "Personal and advertising injury" arising out of the fluctuation in price or value of any stocks, bonds or other securities. It. Discrimination Or Humiliation "Personal and advertising injury" arising out of discrimination or humiliation. committed by or at the direction of any "executive officer ", director, stockholder, partner or member of the insured. u. Employment - Related Practices "Personal and advertising injury" to: (1) A person arising out of any "employment - related practices "; or 9 -(2) The spouse, child, parent, brother or sister of that person as a consequence of "personal and advertising injury" to that person at whom any "employment - related practices" are directed. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. v. Asbestos (1) "Personal and advertising injury" arising out of the "asbestos hazard ". (2) Any damages, judgments, settlements, loss, costs or expenses that: (a) May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the "asbestos hazard "; (b) Arise out of any request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, dean up, remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of an "asbestos hazard "; or (c) Arise out of any claim or suit for damages because of testing for, monitoring, cleaning up, removing, encapsulating, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of an "asbestos hazard ". COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (1) The accident takes place in the "coverage territory" and during the policy period; (2) The expenses are incurred and reported to us within three years of the date of the accident; and (3) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. HG 00 01 06 05 Page 7 of 18 0 b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, x -ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 2. Exclusions We will not pay expenses for "bodily injury": a. Any.insured To any insured, except "volunteer workers ". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, Instructing or participating in any physical exercises or games, sports, or athletic contests. f. Products - Completed Operations Hazard Included within the "products - compieted operations hazard ". g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS — COVERAGES A AND B 1. We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend: a. All expenses we incur. b. Up to $1,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cost of appeal bonds or bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit ", including actual loss of earnings up to $500 a day because of time off from work. • e. All costs taxed against the insured in the "suit ". f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. 2. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit ", we will defend that indemnitee if all of the following conditions are met: a. The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "Insured contract"; b. This insurance applies to such liability assumed by the insured; c. The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract ": d. The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and f. The indemnitee: (1) Agrees in writing to: (a) Cooperate with us in the investigation, settlement or defense of the "suit "; (b) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit "; (c) Notify any other insurer whose coverage is available to the indemnitee; and (d) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other information related to the "suit "; and (b) Conduct and control the defense of the indemnitee in such "suit ". So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, Page 8 of 18 HG 00 011 06 05 • necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.(2) of Section I — Coverage A — Bodily Injury And Property Damage Liability, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the limits of insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when: a. We have used up the applicable limit of insurance in the payment of judgments or settlements; or b. The conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. SECTION 11— WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. h. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Employees and Volunteer workers Your "volunteer workers" only while performing duties related to the conduct of your business, or Your "employees ", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. 0 However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co- "employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co- "employee" or that "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or falling to provide professional health care services. If you are not in the business of providing professional health care services, Paragraph (d) does not apply to any nurse, emergency medical technician or paramedic employed by you to provide such services. (2) "Property damage" to property: (a) Owned, occupied or used by, (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees ", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager Any person (other than your "employee" or "volunteer worker "), or any organization while acting as your real estate manager. c. Temporary Custodians of Your Property Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such. That representative will HG 00 01 06 05 Page 9 of 18 have all your rights and duties under this Coverage Part. e. Unnamed Subsidiary Any subsidiary, and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of the Coverage Part. The insurance afforded herein for any subsidiary not named in this Coverage Part as a named insured does not apply to injury or damage with respect to which an insured under this Coverage Part is also an insured under another policy or would be an insured under such policy but for its termination or the exhaustion of its limits of insurance. 3. Newly Acquired or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named Insured If there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and C. Coverage B does not apply to 'personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Mobile Equipment With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. 'Bodily injury" to a co- "employee" of the person driving the equipment; or b. 'Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 0 5. Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co- "employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 6. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The following person(s) or organization(s) are an additional insured when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement. A person or organization is an additional insured under this provision only for that period of time required by the contract or agreement. However, no such person or organization is an insured under this provision if such person or organization is included as an insured by an endorsement issued by us and made a part of this Coverage Part. a. Vendors Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products - completed operations hazard ". (1) The insurance afforded the vendor is subject to the following additional exclusions: This insurance does not apply to: (a) 'Bodily injury" or 'property damage" for which the vendor is obligated to pay damages by reason of the.assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; Page 10 of 18 HG 00 01 06 05 (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Sub- paragraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. b. Lessors of Equipment (1) Any person or organization from whom you lease equipment; but only with respect to their liability for "bodily injury ", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. (2) With respect to the insurance afforded to these additional insureds this insurance does not apply to any 'occurrence" which takes place after the equipment lease expires. 40 c. Lessors of Land or Premises Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. With respect to the insurance afforded these additional insureds the following additional exclusions apply: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to lease that land; or 2. Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers or Surveyors Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) in connection with your premises; or (2) In the performance of your ongoing operations performed by you or on your behalf. With respect to the insurance afforded these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. e. Permits Issued By State Or Political Subdivisions Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. With respect to the insurance afforded these additional insureds, this insurance does not apply to: (1) 'Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality: or (2) "Bodily injury" or "property damage" included within the "products- completed operations hazard ". HG 00 01 06 05 Page 11 of 18 0 f. Any Other Party Any other person or organization who is not an insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury ", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In the performance of your ongoing operations; (2) In connection with your premises owned by or rented to you; or (3) In connection with "your work" and included within the "products- completed operations hazard ", but only if (a) The written contract or agreement requires you to provide such coverage to such additional insured; and (b) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products- completed operations hazard ". With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury ", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds under this provision is described in Section III — Limits Oflnsurance. How this insurance applies when other insurance is available to the additional insured is described in the Other Insurance Condition in Section IV — Commercial General Liability Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III — LIMITS OF INSURANCE 1. The Most We will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds, b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits ". 2. General Aggregate Limit The General Aggregate Limit is the most we will pay forth a sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard "; and c. Damages under Coverage B. 3. Products- Completed Operations Aggregate Limit The Products - Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products- completed operations hazard ". 4. Personal and Advertising Injury Limit Subject to 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization. 5. Each Occurrence Limit Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one "occurrence". 6. Damage To Premises Rented To You Limit Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 7. Medical Expense Limit Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. B. How Limits Apply To Additional Insureds If you have agreed in a written contract or written agreement that another person or organization be Page 12 of 18 HG 00 01 06 05 0 added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: a. The limits of insurance specified in the written contract or written agreement; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. Notice Of Occurrence Or Offense You or any additional insured must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. Notice Of Claim If a claim is made or "suit" is brought against any insured, you or any additional insured must: (1) immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You or any additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. Assistance And Cooperation Of The Insured You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit "; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit "; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. Obligations At The Insureds Own Cost No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. e. Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non - contributory with the additional insured's own insurance. f. Knowledge Of An Occurrence, Offense, Claim Or Suit Paragraphs a. and b. apply to you or to any additional insured only when such "occurrence ", offense, claim or "suit" is known to: (1) You or any additional insured that is an individual; (2) Any partner, if you or an additional insured is a partnership; (3) Any manager, if you or an additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional insured is a trust; or (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. This duty applies separately to you and any additional insured. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or HG 00 01 06 05 Page 13 of 18 that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Otherinsurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work'; (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft it the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I — Coverage A— Bodily Injury And Property Damage Liability; (5) Property Damage to Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion j. of Section I - Coverage A - Bodily Injury And Property Damage Liability; (6) When You Are Added As An Additional Insured To Other Insurance Any other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or 0 (7) When You Add Others As An Additional Insured To This Insurance Any other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this coverage part. (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement, or permit that this insurance is primary and non - contributory with the additional insured's own insurance, this insurance Is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self- insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. Page 14 of 16 HG 00 01 06 05 E If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business that exist at the inception date of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 6. Transfer Of Rights Of Recovery Against Others To Us a. Transfer of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the HG 00 01 06 05 • rnsured will bring "suit" or transfer those rights to us and help us enforce them. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS 1. "Advertisement" means the widespread public dissemination of information or images that has the purpose of inducing the sale of goods, products or services through: a. (1) Radio; (2) Television; (3) Billboard; (4) Magazine; (5) Newspaper; or b. Any other publication that is given widespread public distribution. However, "advertisement" does not include: a. The design, printed material, information or images contained in, on or upon the packaging or labeling of any goods or products; or b. An interactive conversation between or among persons through a computer network. 2, "Advertising idea" means any idea for an "advertisement ". 3. "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. 4. "Auto" means a land motor vehicle, trailer or semitrailer designed for travel on public roads, inducing any attached machinery or equipment. But "auto" does not include "mobile equipment ". 5. "Bodily injury" means physical: a. Injury; b. Sickness; or c. Disease sustained by a person and, if arising out of the above, mental anguish or death at any time. Page 15 of 18 0 6. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above; or c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in a. above; (2) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; or (3) "Personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined in the United States of America (including its territories and possessions), Puerto Rico or Canada, in a "suit" on the merits according to the substantive law in such territory or in a settlement we agree to. 7. "Employee" includes a "leased worker'. "Employee" does not include a "temporary worker ". S. "Employment- Related Practices" means: a. Refusal to employ a person; b. Termination of a person's employment; or c. Employment - related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation or discrimination directed at a person. 9. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by -laws or any other similar governing document. 10. "Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be. 11. "Impaired property" means tangible property, other than "your product" or "your work ", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement. if such property can be restored to use by: a. The repair, replacement, adjustment or removal of "your product" or "your work "; or b. Your fulfilling the terms of the contractor agreement. 12. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning or explosion to premises while 0 rented to you or temporarily occupied by-you with permission of the owner is subject to the Damage to Premises Rented To You Limit described in Section 111 — Limits of Insurance; b. A sidetrack agreement; c. Any easement or license agreement, including an easement or license agreement in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization, provided the "bodily injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. includes that part of any contract or agreement that indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing. However, Paragraph f. does not include that part of any contractor agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b). Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 13. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker' does not include a "temporary worker'. 14. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto "; Page 16 of 18 HG 00 0106 05 u b. While it is in or on an aircraft, watercraft or "auto "; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto ". 15. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self - propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in a., b., c. or d. above that are not self - propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self - propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos ": (1) Equipment, of at least 1,000 pounds gross vehicle weight, designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers: and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. 0 16. "Dccurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 17. "Personal and advertising injury" means injury, including consequential "bodily injury ", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral, written or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written or electronic publication of material that violates a person's right of privacy; f. Copying, in your "advertisement ", a person's or organization's "advertising idea" or style of "advertisement"; g. Infringement of copyright, slogan, or title of any literary or artistic work, in your "advertisement" , or h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. 18. "Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 19. "Products- completed operations hazard ": a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. HG 00 01 06 05 Page 17 of 18 0 b. Does not include "bodily injury" or "property damage" arising out of (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; (2) The existence of tools, uninstalled equipment or abandoned or unused materials; or (3) Products or operations for which the classification, listed in the Declarations or in a policy schedule, states that products - completed operations are subject to the General Aggregate Limit. 20. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it. As used in this definition, computerized or electronically stored data, programs or software are not tangible property. Electronic data means information, facts or programs: a. Stored as or on; b. Created or used on; or c. Transmitted to orfrom; computer software, including systems and applications software, hard or floppy disks, CD- ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 21. "Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. L 22.7emporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short- term workload conditions. 23. "Volunteer worker" means a person who a. Is not your "employee' b. Donates his or her work; c. Acts at the direction of and within the scope of duties determined by you; and d. Is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 24. "Your product ": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product "; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 25. "Your work ": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work ", and (2) The providing of or failure to provide warnings or instructions. Page 18 of 16 HG 00 01 06 05 z a POLICYNUMSFR: 34 UEN TX5483 jlGn �1)b-ff \Y-) �ur �;Cjr.�OYypbi�F . THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COVERAGE AMENDMENT COMMERCIAL AUTO COVERAGE PART THIS ENDORSEMENT DOES NOT AMEND, CHANGE AND /OR ALTER THE COMMERCIAL AUTO POLICY. REFER TO POLICY FORM CA00011001, PAGE 2 OF 11, SECTION II.A.1, REGARDING WHO IS AN INSURED /ADDITIONAL INSURED: WHO IS AN INSURED THE FOLLOWING ARE "INSUREDS" A. YOU FOR ANY COVERED "AUTO ". B. ANYONE ELSE WHILE USING YOUR PERMISSION A COVERED "AUTO" YOU OWN, HIRE OR BORROW EXCEPT: 1. THE OWNER OR ANYONE ELSE FROM WHOM YOU HIRE OR BORROW A COVERED "AUTO ". THIS EXCEPTION DOES NOT APPLY IF THE COVERED "AUTO" IS A "TRAILER" CONNECTED TO A COVERED "AUTO" YOU OWN. 2. YOUR "EMPLOYEE" IF THE COVERED "AUTO" IS OWNED BY THAT "EMPLOYEE" OR A MEMBER OF HIS OR HER HOUSEHOLD. 3. SOMEONE USING A COVERED "AUTO" WHILE HE OR SHE IS WORKING IN A BUSINESS OF SELLING, SERVICING, REPAIRING, PARKING OR STORING "AUTOS" UNLESS THAT BUSINESS IS YOURS. 4. ANYONE OTHER THAN YOUR "EMPLOYEES ", PARTNERS (IF YOU ARE A PARTNERSHIP), MEMBERS (IF YOU ARE A LIMITED LIABILITY COMPANY), OR A LESSEE OR BORROWER OR ANY OF THEIR "EMPLOYEES ", WHILE MOVING PROPERTY TO OR FROM A COVERED "AUTO ". 5. A PARTNER (IF YDU ARE A PARTNERSHIP), OR A MEMBER (IF YOU ARE A LIMITED LIABILITY COMPANY) FOR A COVERED "AUTO" OWNED BY HIM OR HER OR A MEMBER OF HIS OR HER HOUSEHOLD. C. ANYONE LIABLE FOR THE CONDUCT OF AN "INSURED" DESCRIBED ABOVE BUT ONLY TO THE EXTENT OF THAT LIABILITY. REFER TO POLICY FORM CA00011001, PAGE 8 OF 11, SECTION IV.B.5., REGARDING OTHER INSURANCE /PRIMARY INSURANCE: OTHER INSURANCE A. FOR ANY COVERED "AUTO" YOU OWN, THIS COVERAGE FORM PROVIDES "AUTO" YOU DON'T OWN, THE INSURANCE PROVIDED POLICY NUMBER: 34 UEN TX54B3 _ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following! i ... COVERAGE AMENDMENT COMMERCIAL AUTO COVERAGE PART BY THIS COVERAGE FORM IS EXCESS OVER ANY OTHER COLLECTIBLE INSURANCE. HOWEVER, WHILE A COVERED "AUTO" WHICH IS A "TRAILER" IS CONNECTED TO ANOTHER VEHICLE, THE LIABILITY COVERAGE THIS COVERAGE FORM PROVIDES FOR THE "TRAILER" IS: 1. EXCESS WHILE IT IS CONNECTED TO A MOTOR VEHICLE YOU DO NOT OWN. 2. PRIMARY WHILE IT IS CONNECTED TO A COVERED °AUTO" YOU OWN. B. FOR HIRED AUTO PHYSICAL DAMAGE COVERAGE, ANY COVERED "AUTO" YOU LEASE, HIRE, RENT OR BORROW IS DEEMED TO BE A COVERED "AUTO" YOU OWN. HOWEVER, ANY "AUTO" THAT IS LEASED, HIRED, RENTED OR BORROWED WITH A DRIVER IS NOT A COVERED "AUTO ". C. REGARDLESS OF THE PROVISIONS OF PARAGRAPH A. ABOVE, THIS COVERAGE FORM'S LIABILITY COVERAGE IS PRIMARY FOR ANY LIABILITY ASSUMED UNDER AN "INSURED CONTRACT ". D. WHEN THIS COVERAGE FORM AND ANY OTHER COVERAGE FORM OR POLICY COVERS ON THE SAME BASIS, EITHER EXCESS OR PRIMARY, WE WILL PAY ONLY OUR SHARE. OUR SHARE IS THE PROPORTION THAT THE LIMIT OF INSURANCE OF OUR COVERAGE FORM BEARS TO THE TOTAL OF THE LIMITS OF ALL COVERAGE FORMS AMID POLICIES COVERING ON THE SAME BASIS. REFER TO POLICY FORM CA00011001, PAGE 10 OF 11, SECTION V.G., REGARDING SEPARATION OF INSUREDS COVERAGE: G. "INSURED" MEANS ANY PERSON OR ORGANIZATION QUALIFYING AS AN INSURED IN THE WHO IS AN INSURED PROVISION OF THE APPLICABLE COVERAGE. EXCEPT WITH RESPECT TO THE LIMIT OF INSURANCE, THE COVERAGE AFFORDED APPLIES SEPARATELY TO EACH INSURED WHO IS SEEKING COVERAGE AGAINST WHOM A CLAIM OR "SUIT" IS BROUGHT. REFER TO POLICY FORM IH00170295, PAGE 1 OF 2, ITEM A.2, REGARDING CANCELLATION CONDITION: 2. WE MAY CANCEL THIS POLICY BY MAILING OR DELIVERING TO THE Jr.�YJtU C / fL EXTENDED OPTIONS t, Employers' Liability insurance 4. Foreign Voluntary Compensations and Item 3.B. of the Information Page is replaced Employers' Liability Reimbursement by the following: A. How This Reimbursement Applies B. Employers' Liability Insurance: This reimbursement provision applies to 1. Part Two of the policy applies to work in bodily injury by accident or bodily injury by each state listed in Item 3.A. disease. Bodily injury includes resulting death. The Limits of Liability under Part Two 1. The bodily injury must be sustained by are the higher of: an officer or employee. 2. The bodily injury must occur in the Bodily Injury course of employment necessary or by Accident $500,000 Each Accident incidental to work in a country not listed In Exclusion C.1. of this provision. Bodily Injury 3. Bodily injury by accident must occur by Disease $500,000 Policy Limit during the policy period. 4. Bodily injury by disease must be caused Bodily Injury or aggravated by the conditions of your by Disease $500,000 Each Employee employment. The officer or employee's last exposure to those conditions of your OR employment must occur during the policy period. 2. The amount shown in the Information B. We Will Reimburse Page. We will reimburse you for all amounts paid This provision 1 of EXTENDED OPTIONS does by you whether such amounts are: not apply in New York because the Limits Of Our 1. voluntary payments for the benefits that Liability are unlimited. would be required of you if you and your In this provision the limits are changed from officers or employees were subject to $500,000 to $1,000,000 in California. any workers' compensation law of the 2. Unintentional Failure to Disclose Hazards state of hire of the individual employee. If you unintentionally should fail to disclose all 2. sums to which Part Two (Employers' Liability Insurance) would apply if the existing hazards at the inception date of your Country of Employment were shown in Policy. we shall not deny coverage under this Item 3.A. of the Information Page. Policy because of such failure. 3. Waiver of Our Right To Recover From Others C. Exclusions A. We have the right to recover our payments This insurance does not cover: from anyone liable for an injury covered by 1. an occurrences in the United States, y this policy. We will not enforce our right Canada, and any country or jurisdiction against any person or organization for whom which is the subject of trade or you perform work under a written contract economic sanctions imposed by the that requires you to obtain this agreement laws or regulations of the United States from us. of America in effect as of the inception This agreement shall not operate directly or date of this policy. indirectly to benefit anyone not named in the 2, any obligation imposed by a workers' agreement. compensation or occupational disease 8. This provision 3, does not apply in the states law, or similar law. of Pennsylvania and Utah. 3. bodily injury intentionally caused or aggravated by you. W F rn WC 99 03 01 B Printed in U.S.A. (Ed. 8/00) Pa e4of8 9 SRN -10 -2006 10:10 FROM: // a 7149391654 T *9496443318 P.1 /1 Fax #: t L� Gj7) �O N — 1 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. ,/ Date Received: O.S Dept./Contact Received From: v Aau t7 A O k r ae Date Completed: % / 7 Sent to: M,2 >W, n'A nBy: A le,r64e: s -- Company /Person required to have Certificate: .ten I. GENERAL LIABILITY r d A. INSURANCE COMPANY: +' &,, 1 0 B. AM BEST RATING (A: VII or greater): ayv C. ADMITTED Company (Must be California Admitted): Is Company admitted in Califomia? nllyles ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? v f A 44 A�w+lrn�c E. — . � PRODUCTS AND COMPLETED OPERATIONS (Must include): Is It Included? ©mss ❑ F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? 2<es Q No G. PRIMARY & NON - CONTRIBUTORY W ORDING be included): .(Must Is it included? MYes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence' wording? ❑ Yes ONo 1. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail: per Lauren Farley, the City will accept the endeavor wording, II. AUTOMOBILE LIABILITY cc q `)D' "1IT A. INSURANCE COMPANY: p' i 1 B. AM BEST RATING (A: VII or greater); C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? Yes ❑ No D. LIMITS (Must be $1M min. BI & PD and $5D0,000 UM): What is limits provided? 1 ! 1z '1 E. ADDITIONAL INSURED WORDING TO INCLUDE (The City Its officers, officials, employees and volunteers): Is it included? Yes ❑ No F. PRIMARY & NON- CONTRIBUTORY WORDING (For Waste Haulers only): is it included? m1yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Laure/nn Farley, the City will accept the endeavor wording. IQ. r � 2A A. AA INSURANCE COMPANY: f � f r- 1• B. AM BEST RATING (A: VII or greater): A: f-)-(V -)(V C. LIMITS: Statutory WAIVER OF SUBROGATION ❑ No D. (To include): Is it included? HAVE ALL ABOVE REQUIREMENTS BEEN MET? 7es ❑ N o IF NO, WHICH ITEMS NEED TO BE COMPLETED? Y , It (381-I0o -d-0,6� CITY OF NEWPORT BEACH (2— 33�(d • CITY COUNCIL STAFF REPORT Agenda Item No. 13 December 13, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COU qCTLBYTHECHYCOUNCI CITY OF NEWPORT SEA FROM: Public Works Department, Stephen G. Badum, x3311, sbadum @city.newport- beach.ca. is D� 13 2005 Dennis. Danner, x3121, ddanner @city.newport- beach.ca.us ..-.-APPRQVED SUBJECT: DIGITAL ORTHOPHOTOGRAPHY AND TWO -FOOT Mix I OUR SERVICES — APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH MERRICK & COMPANY RECOMMENDATION: Approve a Professional Services Agreement with Merrick & Company for services to produce digital orthophotography and two -foot digital contours at a proposed cost of $148,566. BACKGROUND: In January 2001, the City contracted with Merrick & Company to perform digital . orthophotographic services. The product provided by Merrick & 'Company is utilized daily by staff members for planning and analysis purposes. The existing data set is an integral component of the City's Geographic Information System (GIS) and Computer Aided Design (CAD) applications. It is also being widely accessed by residents using the City's Internet based mapping services. Digital orthophotography is computerized aerial photography that has been corrected in a manner that places all visible ground features in their true map position and also corrects displacement due to relief or tilt. Any other digital geographic data owned or created by the City in the same coordinate system precisely fits over the digital orthophotography in a true earth - referenced position. This high resolution imagery allows staff and web users to zoom in and see very small features on the ground. This makes the imagery useful for a large number of infrastructure planning, utility planning, operations, and management tasks within the City. Due to new development in the City, the existing digital orthophotography from 2001 is becoming less useful in many portions of the City. In 2001, digital contours were not part of the contracted services. In 2004 the City contracted with Merrick & Company to produce two -foot digital contours based on the 2001 imagery for the Buck Gully /Newport Coast area. This data is vital for continuing storm water assessment and other City projects. Unfortunately, due to the grading for development in the area, the contours are not a completely accurate representation of • the current ground conditions. This new proposal includes the generation of two -foot digital contours for the entire City as well as the digital imagery. Y Subject: Digital Orthophotograppnd Two-Foot Contour Services — Approval of Professional Services Agreement with Merrick and Company December 13, 2005 Page 2 The proposal is based upon Los Angeles County's competitive selection for Digital • Aerial Imagery Data and Services for the Los Angeles Region Imagery Acquisition Consortium (LAR -IAC). Los Angeles County (LAC) selected the team of Vargis /Merrick to perform the work which is currently in progress. (Vargis is the prime for the LAC work). The LAC contract involves a very similar scope of work needed over a much larger geographic area. The City will benefit from a cost savings of $35,119 due primarily to the reduced cost of equipment mobilization, as the contract is essentially an extension of services provided by the VargislMerrick team in LAC. In order to take advantage of the potential cost savings presented in this proposal, the Merrick & Company /VARGIS team (with Merrick as the prime contractor) will need a notice to proceed no later than December 14, 2005. This shortened timeline is due to the pre- arranged equipment scheduling of specialized aircraft that is being utilized for the LAC project. This timeline also precludes the opportunity of utilizing the RFP process for this project. Environmental Review Not required. Fundino Availabilitv: Because of the general benefit to all City functions, the cost will be spread over several funds. There are sufficient funds available in the following accounts for the project: . Account Description Account Number Amount General Fund — Miscellaneous Studies 7014- C5100763 $35,000.00 Contributions — City Aerial 7251- C5100763 $40,000.00 Water Enterprise — Aerial Photos 7501- C5100763 $22,000.00 Water Enterprise — Aerial Photos 7531- C5100763 $22,000.00 Transportation & Circulation — Aerial Photos 7261- C5100763 $22,000.00 Measure M — Turnback — Aerial Photos 7281- C5100763 $22,000.00 Total: $163,000.00 Prepared by: Submitted b� - Robert Stein, P.E. S pK6n G. Badum Principal Civil Engineer - -- Public Works Director Prepared '.by: Submitted by: /' / -! j;�1?�V %r � • ,' ` /7. /(mil / Rob Murphy (-/7 Dennis Danner ` GIS Coordinator Director of Administrative Services Attachment: Professional Services Agreement PROFESSIONAL SERVICES AGREEMENT WITH MERRICK & COMPANY FOR CITY- WIDE AERIAL PHOTOS AND CONTOURS OF NEWPORT BEACH THIS AGREEMENT is made and entered into as of this day of 2005, by and between. the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and MERRICK & COMPANY, a Colorado corporation whose address is 5755 Mark Dabling Boulevard, Suite 350, Colorado Springs, CO, 80919 ( "Consultant'), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to update city -wide aerial photos and contours for the City of Newport Beach, C. City desires to engage Consultant to prepare aerial photos of the City as described in Attachment A ( "Project'). • D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project, shall be Brian Raber, Vice President. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 31St day of December, 2006, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED . Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The 3. B City may elect to delete certain tasks of the Scope of Services at its sole discretion. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and Consultant shall .perform the services in accordance with the schedule included in Exhibit A. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. COMPENSATION TO CONSULTANT City shall pay Consultant for services described in the Scope of Service attached hereto as Exhibit A during the term of the Agreement based on the percent of work performed to the City's satisfaction. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Hundred Forty -Eight Thousand, Five Hundred Sixty -Six Dollars and no /100 ($148,566.00) without additional authorization from City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and /or the specific task in the Scope of Services to which it relates, the date the services were performed, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant 1► E 0 0 i 0 A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and/or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. 5. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Brian Holzworth to be its Project Manager. Consultant shall not remove or reassign the Project • Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Robert Stein shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. it 9 Fa 0 • STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. 8.2 Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Consultant to practice its profession. Consultant further represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any work performed or services provided under this Agreement (including, without limitation, defects in workmanship or materials and /or design defects [if the design originated with Consultant)) or Consultant's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the 0 w • sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and/or his /her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE . Without limiting Consultant's indemnification of City, and prior to commencement of work. Consultant shall obtain, provide and maintain at its own expense during 9 • w the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City's at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days prior to such change (10 day written notice for nonpayment of premium). The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. H. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage 0 for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days written notice has been received by City (10 day written notice for nonpayment of premium). F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. 7 0 0 G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own • judgment may be necessary for its proper protection and prosecution of the work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. 16. SUBCONTRACTING City and Consultant agree that subconsultants may be used to complete the work outlined in the Scope of Services. The subconsultants authorized by City to perform work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in . this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. Except as specifically authorized herein, the services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than R Consultant is waived against Consultant and City assumes full responsibility for . such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 18. COMPUTER DELIVERABLES All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 20. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. . 21. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. \J 22. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 0 23. WITHHOLDINGS r City may withhold payment to Consultant of any disputed sums until satisfaction is of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his /her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 24. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 26. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 27. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Consultant and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: 10 0 Attn: Robert Stein Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 - 644 -3322 Fax: 949 -644 -3308 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Mr. Brian Holzworth Merrick & Company 5755 Mark Dabling Boulevard, Suite 350 Colorado Springs, CO 80919 Phone: 800 - 544 -1714, 719 - 260 -8874 Fax: 719- 260 -6098 28. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, 11 0 • county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. . 30. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein, shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 31. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 32. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 33. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 34. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 35. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 36. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. • [SIGNATURES ON FOLLOWING PAGE] 12 V IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: Aaron C. Harp Assistant City Attorney ATTEST: By: LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation By: Mayor for the City of Newport Beach MERRICK & COMPANY: By: (Corporate Officer) Title: Print Name: By: (Financial Officer) Title: Print Name: Attachments: Exhibit A — Scope of Services F: \USERS\PBW\Shared\Agreements \FY 05 -06 \Merrick - Aerial Photos.doc 13 0 o°000 MERRICK° 000 6UILOINQ QUALITY SOLUTIONS Merrick & Company 5755 Mark Dabling DWI- SuNe 350 Colorado Springs, CO 80919 -2247 Phone 719. 260 - 8674 1 Fax 719- 260 -6098 w .memck.00m November 14, 2005 Rod Murphy GIS Coordinator Administrative Services City of Newport Beach 3300 Newport Beach, CA 92663 RE: City — Wide Aerial Photos and Contour Proposal Dear Mr. Murphy; • Exhibit A Merrick & Company (Merrick) is an employee- owned, multidiscipline engineering firm ranked 175 in Engineering News Record's "Top 500 Engineering Firms:' We have been headquartered in Aurora, Colorado since 1955 and have offices in Colorado Springs, Los Alamos, Albuquerque, Guadalajara Mexico, and Duluth (Atlanta). Merrick is an organization of approximately 400 professionals, with over 80 employees in the Geo- Spatial Solutions team providing internationally recognized precision, land based solutions. As you are aware, Merrick is offering the City of Newport Beach professional geo spatial services as an extension of the services competitively competed contract awarded to the VARGIS / Merrick & Company team in LA County. As such this VARGIS / Merrick proposal offers an opportunity to significantly decrease the cost of services (-- $35,000 in savings — see cost proposal), reduce start-up time, and reduce City of Newport staff time in the creation /review of proposals as a result of an RFP process. Additionally, Merrick, having previously provided digital imagery and contour services to Newport Beach, is aware of those issues within the project that are unique to Newport and thus uniquely qualified to continue providing precision geo database services to the City of Newport Beach. We appreciate the opportunity to again provide services to the City of Newport Beach and look forward to another successful project. Should you have any questions or require additional information, please feel free to contact me. In order to take advantage of the LA Contract, the VARGIS / Merrick Team needs to receive a notice to proceed by December 14, 2005. Please consider this proposal valid until said time. Sincerely, Merrick & Company Torin Haskell Senior Account Manager Merrick & Company 5755 Mark Dabling Blvd., Suite 350 Colorado Springs. CO 80919 800- 544 -1714 Torin.haskell@merrick.com • 1] 0 9 Proposal to Provide City — Wide Aerial Photos and Contour L) The proposed lump sum includes the services/deliverables outlined, including those costs associated with: Aerial Imagery LIDAR Ground Control FDAAT Digital Ortho Rectification True Ortho Rectification in Identified Areas Breakline Collection Final surface to Support 2' Contour (DTM) 2' Contour Wall Mosaic (digital version — 2' pixel) Total proposed fee: $148,566,00* * Fee recognizes the following cost savings resulting form utilizing the Los Angeles County competitive selection (Digital Aerial Imagery Data And Services For The Los Angeles Region Imagery Acquisition Consortium — LAR -IAC): LIDAR sensor (ALS50) - proximity savings $17,119 Digital sensor (DMC)_- proximity savings $18.000 Total savings $35,119 Notice to proceed must be received by the VARGIS / Merrick team no later than December 14, 2005 to realize proximity savings. 0 9 • � E'.7 Proposal to Provide �� City —Wide Aerial Photos and Contour City of Newport Beach City of Newport Beach Proposed Schedule Mapping Task Start Finish 1. Notice to proceed 12/14/05 2. Aerial Photography Acquisition 12/15/05 1/20106 3. LiDAR Acquisition 12/15/05 1/20106 4. Photo ID Control 1/23/06 2/17/06 5. LiDAR Filter, Edit, 1/23/06 3/10/06 6. Fully Digital Analytical Digital Aerotriangulation (FDAAT) 2/20/06 3/17/06 7. Deliver Prototype Project ( -4 tiles all products) 3/31/06 8. City of NPB Prototype Review 4/3/06 4114/06 9. Breakline Compilation 3/20106 4/28/06 10. Contour Generation, QC, Edit 5/1/06 5/26/06 H. Digital Othophotography Rectification & Processing 3/13/06 5/26/06 12. Final Contour Formatting 5/29/06 6123/06 13. City of NPB Ortho & Contour Review and Acceptance 5/29/06 7/21/06 14. Project Close -out 7/25/06 0 E E 0 Proposal to Provide UTOWIA City — Wide Aerial Photos and Contours City of Newport Beads Page t November 14, 2005 C;4 ark ing%Newp MTe is AppMO,da The following outline provides a description of the significant procedures/milestones that will occur throughout the project. PROJECT IMPLEmENTATION 1. A project kick -off meeting will be held between The City of Newport Beach (Newport) and the MerrickfVargis team (Merrick) to review all technical and administrative aspects of the project. We recommend that the format of this meeting be a "hands -on" workshop environment to facilitate the exchange of quality information. To assist Newport, Merrick will present data from a similar GIS project 2. Prior to the kick -off meeting, Newport will be provided an agenda for the meeting. The specific topics to be addressed include: • Review the proposed flight and ground control scheme and modify as necessary to meet project requirements • Brief Newport on GIDAR implementation issues such as flight plan, safety, accuracy, etc. • Discuss/review tiling requirements • Review accuracy requirements • Review project control datums and units • Review Merrick's QAIQC procedures • Define the location of the prototype area • Determine acceptance criteria for all deliverable products • Identify points of contact and develop communication protocol • Develop Project Status Report requirements • Review invoicing procedures 3. Following the kick -off meeting, a detailed memorandum will be forwarded to the Newport project manager to clarify and document the decisions and discussion items of the kick -off meeting. Following the technical section, there are also additional sections that outline Merrick's specific quality control procedures, project management philosophy, project deliverables, and client- provided products for this project PROJECT SETUP 1. In order to prepare the initial start-up documentation, all of the items discussed 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 the quality assurance plan. 3. A kick -off meeting with Merrick's project manager and key production staff is held to review all aspects of the project. 4. Merrick prepares its production facility for the project. The primary tasks that are integrated in preparation of beginning the project are: • Scheduling of resources (equipment and personnel) • Customizing in -house software tools, as necessary MERRICK® eUILOINO QUALITY 6OLU"ON6 �,� • Proposal to Provide • ;;e,�^ City — Wide Aerial Photos and Contours City of Newport Beach Page 2 ■ Customizing QC checklists for each department specific to this project 5. A project of this magnitude requires a start-up period of approximately three weeks. Once the information is gathered andlor tested, the team is ready to begin the next step of the project. 'SURVEY NEW GROUND CONTRaL Merrick will establish 32 control points throughout the project area. These ground control points, in conjunction with Airborne GPS control, will support the accuracy requirements of the project. Merrick understands that the accuracy standards to be used for this project are National Map Accuracy Standards (LAMAS), as it pertains to I " =100' scale mapping. Merrick proposes to target and survey all new ground control points. The intent of this new control is for the support of this project only, and permanent monumentation is not being proposed. All new monuments will be temporary (i.e., PK nail or rebar and cap.) Merrick proposes the use of conventional ground Global Positioning System (GPS) techniques to establish the primary control locations. Static, Rapid Static, and Kinematic GPS techniques shall be incorporated for the points required to complete the mapping. 1. Johnson Frank and Associates (Johnson Frank) will provide the ground surveying services. With significant surveying experience in various locations throughout the region, Johnson Frank will provide the local surveying knowledge necessary to support the high accuracy requirements for the project. 2. Johnson Frank's survey team shall provide the horizontal and vertical control points required for this mapping project using their Trimble surveying equipment. 3. The horizontal accuracy shall be Second Order, Class 11, GPS or better. The vertical accuracy will meet Third Order specifications. 4. All horizontal control will be referenced to the California State Plane Coordinate System (SPCS), Zone 6, North American Datum of 1983 (NAD 83). Final coordinates will be provided in US Survey Feet. The project vertical control datum will be based on the North American Vertical Datum of 1988 (NAVD 88). The project vertical control network will include a review of existing NGS monuments within the region. All new control points will be referenced to the NGS network. 5. A minimum of three receivers, observing simultaneously, will be used in a "leap frog" approach to GPS observations. Repeat baseline measurements will amount to approximately 20% with about equal numbers in the north - south and east -west directions. 6. All antenna heights will be measured in both meters and feet to guarantee and verify an accurate receiver setup. Reviewing processed raw data and running loop closure checks will check survey data collected daily from the field by receivers. 7. Loop closure tests of GPS observations will be performed to validate the integrity of the data. Closures on the GPS network show the resulting November 14, 2005 013 C' akebnq�rowpMTemnirlApproedi.doa ME MERRiCK 131311 8UILOINQ QUALITY •OLUTION! `J • 0 0 0 Proposal to Provide OWN City —Wide Aerial Photos and Contours City of Newport Beach Page 3 November 14, 2005 C:Ma�ke4nglNewpo "1Techniwl App h.p precision ratio in parts per million (PPM). Results are shown for each day of observations and for the entire project. Coordinates are referenced to latitude and longitude, while height is an ellipsoid value. The total distance traveled along the traverse is displayed together with the accuracy in PPM. In addition, the misclosure by the difference in X, Y, and Z Cartesian coordinates (dx, dy, dz) is shown. Loop closures are done before any adjustment and before any constrainment of the GPS network. The latitude and longitude coordinates and ellipsoid heights from loop closures are not to be used as final coordinates. 8. An error ellipse is used to show each point's expected horizontal coordinate standard error. The scale of the plots is shown by the bar ticks running through the ellipses and by the tag at the bottom of the page of the display indicating the bar scale tick value. The scale is the same for all pages of the displayed ellipses. The point name is shown at the lower left of each ellipse and the angle (measured counter - clockwise from the positive east bar scale) made by the major ellipse axis is shown at the lower right. The sigma scalar shows the ellipses in the 95% confidence region. 9. The flight line /control diagram for the Newport project has been provided in the Appendix section of this proposal. This diagram indicates the general location for our proposed controllpanels. 10. Johnson Frank will generate the "Ground Control Report," which documents the results of the GPS survey. This report will be a comprehensive narrative of all aspects of the GPS data collection process. !CONTROL PANELING 1. Prior to the aerial photography mission, Johnson Frank will panel the photo control points so they will be visible on the aerial photography. Merrick will coordinate the targeting and aerial photography tasks to ensure that the targeting is complete before beginning the photography mission. 2. When possible, Johnson Frank will use white paint to mark the location of each control point. White vinyl material (3 -ply thick) will be utilized for all those points that cannot be painted. 3. The shape of each panel will be either a "Y" or "X." The length of each panel leg will be 6 feet in length and 16 inches wide. 4. All vinyl targets will be inspected before the acquisition of photography to validate proper positioning and condition. 5. All vinyl panel material will be removed upon completion and acceptance of the aerial photography. 'G�K.DII :J � U[elY Imo_ «ZF17 a 1. Merrick will use 3001 California to perform the imaging mission. 3001's aircraft is equipped with GPS navigation and an on -board receiver to accomplish the sensor positioning for the aerotriangulation. 2. 3001 will provide a Zeiss DMC digital mapping sensor /cameras for this project. . °Oe °o MERRICK' 0120 OILOINO OUAUTY SOLUTONS November 14, 2005 C;"a6.Mn9INevpon\Te0ni=I Approacn.doc 0 • Proposal to Provide City — Wide Aerial Photos and Contours City of Newport Beach Page 4 3. The aerial imagery will conform to industry standards established by the American Society for Photograrmnetry and Remote Sensing (ASPRS). The following parameters apply for the aerial photography for this project: —57Square Mile Flight Area Sensor T ype Color — Zeiss DMC Forward Lap 60% Side Lap 30% Number of AGPS Exposures 1,177 Supporting ixel size 0.25' ;Tine Ortho.Fiight Area'(6 identifieifaieas, SensorType -1:5 square mlies) Color — Zeiss DMC • a .r :1' r- .r 0% rr• • r - - 1 4. The aerial photography shall be flown on, or near, the agreed date by Merrick and the Newport project manager, weather permitting. Merrick anticipates that the aerial photography phase will be initiated in late December 2005 to early January, 2006. 5. Once the imagery has been inspected, Merrick shall provide samples of several areas of the project for viewing on Newport workstations. The samples will simulate the final pixel resolution. They will be used to form a consensus on the ortho quality that will be generated. AIRBORNE Airborne GPS (ALPS) technology provides supplemental control as input to the aerotriangulation adjustment. During the photography mission, GPS data are collected in the aircraft at timed intervals. Ground receivers also collect GPS data during the photo mission. Using sophisticated post- processing software completing differential calculations, the air station coordinates can be derived for each photograph and the instant of exposure. These air station coordinates are subsequently transformed to ground "control," relative to the proper horizontal and vertical datum, during the aerotriangulation process. Airborne GPS offers the following advantages: • 'Significantly Reduced Ground Control Requirements • Time Savings — with reduced ground control requirements and ability to rapidly acquire project control through AGPS, the overall project schedule can be reduced. • Reduced Problems with Accessibility — AGPS offers some flexibility in the placement of ground points. Control points normally required for conventional mapping projects in remote areas may not be necessary or may be moved with AGPS- assisted surveys. • Additional Control — since AGPS control (subsequently transformed to ground control) is acquired for each exposure, the number of actual control stations is densi5ed by comparison to "classical" photograrurnetric control configurations. MERRICK° lUILOINO DUALITY SOLUnONB Is L J L J Proposal to Provide : „,„. City— Wide Aerial Photos and Contours City of Newport Beach Page 5 November 14, 2005 C:1maMedng%Nev %Tec inn lAppraatli,dm The following outlines Merrick's procedures for obtaining and processing AGPS data: Misslon Planning 1. Mission planning is a critical aspect of the AGPS phase. The resulting accuracy of AGPS is highly dependent on appropriate satellite configurations. Proper mission planning defines the number and position of the satellites, by time, on the day of the aerial photography flight. 2. A minimum of five (5) observable satellites (and preferably 6 to 9 satellites) combined with a low Positional Dilution of Precision (PDOP) will achieve the desired results. Certain segments of time during the flight may have too few satellites or poor PDOP conditions. During these segments of time the aircraft can stay aloft and can complete reconnaissance, but cannot acquire photography. When the number of satellites increases and the PDOP achieves acceptable levels, the aerial photography can resume. 3. AFS plans to use a minimum of two (2) GPS base stations during the photography mission. Support by at least two (2) ground base stations is the best way to ensure redundancy in differential calculations. Airborne base stations are GPS receivers on the ground, collecting data simultaneously with the flight. The data collected ties the AGPS to the ground control at the post - processing stage. Airborne base station locations must be in a totally open area with a clear view of the sky with no obstructions to block out any satellites. Mobilization Data Acquisifion 1. Proper coordination between the ground and aircraft crews will dictate the efficiency of the AGPS mission. Crews arrive at the project site early each day, well before the flying window begins. Equipment is tested, flight plans are reviewed, and the aircraft is aloft and ready to begin capturing photography as soon as the sun angle window permits. Ground and air crews maintain constant communication throughout the flight In the event that a technical problem occurs or the window closes due to cloud cover the mission can be quickly shut down to avoid cost overruns. 2. Merrick utilizes on -the -fly (OTF) techniques to initialize the AGPS mission. OTF initialization requires that the base station antennae be within 12 miles of the airplane antennae. Once the initialization is successful, it is possible to fly at least 25 miles from the base stations provided both receivers do not suffer loss of lock. The advantage to on- the -fly initialization is that we can recover from a loss of lock since the OTF software will automatically re- initialize, provided the aircraft is again within about 12 miles of the base station. 3. AFS has flown numerous AGPS projects and is aware of the constraints involved when flying AGPS missions. Since it is important to maintain lock on the satellites during the AGPS flights, steep banks and shallow turns are avoided. 4. Photography and AGPS data is collected until the photography window closes for the day or until inclement weather impedes the flight. MERRICK° BUILDING DUALITY ROLUTIOND dnY94 /' 0 9 Proposal to Provide City— Wide Aerial Photos and Contours City of Newport Beach Page 6 I. Using GPS processing techniques, we have the ability to determine coordinates for an instantaneous event such as the opening of a camera shutter. 2. AGPS processing is done on a daily basis so that any problems can be corrected before leaving the project site. 3. Trimble GPSurnrey version 2.35 software and Trimble Geomatics Office version 1.50 software is used to process the AGPS data. The data are processed using continuous kinematic processing methods. Continuous kinematic surveys provide the ability to map the paths of moving vehicles such as airplanes. 4. Continuous kinematic baseline processing can solve GPS antenna Positions, not only when the antenna is stationary but also for each GPS observation made while the aircraft is moving. Continuous kinematic processing provides a position at every epoch (typically 1 second). The baseline processor uses an epoch on either side of the event together with an interpolation strategy to determine the position of the photograph at the instant in time that a photograph is taken. 5. The final AGPS coordinates will be consistent with the horizontal and vertical datum for this project. These final coordinates will be incorporated into the overall project control network and used to support the aerotriangulation adjustment. 6. Merrick will generate an "Airborne GPS Report" which documents the results of the GPS survey in Excel spreadsheet format. November 14, 2005 QMaN,etingVtewportlTetlmiCal lipproaChAw. 1. LIDAR has revolutionized the acquisition of digital elevation data for large scale mapping applications. Merrick has embraced this technology from the onset through associations with several LIDAR acquisition vendors. Since 1997, we have successfully used LIDAR data as input to the contouring and digital ortho processes. We now operate our own proprietary digital imaging/LIDAR system and processes. 2. A typical LIDAR system rapidly transmits pulses of light that reflect off the terrain and other height objects. The return pulse is converted from photons to electrical impulses and collected by a high - speed data recorder. Since the formula for the speed of light is well known, time intervals from transmission to collection are easily derived. Time intervals are then converted to distance based on positional information obtained from ground/aircraft GPS receivers and the on -board Inertial Measurement Unit (IMU) that constantly records the attitude (pitch, roll, and heading) of the aircraft. 3. LIDAR systems collect positional (z,y) and elevation (z) data at pre - defined intervals. The resulting LIDAR data is a very dense network of elevation postings. The accuracy of LIDAR data is a function of flying height, laser beam diameter (system dependent); the quality of the GPS /IMU data, and MERRICK© BUILDING auCU>r BGLUnaNg \J E Leica/Helava Systems ALS40 150 November 14, 2005 C:MaAeLngv4e,Iorl%Tedini" A,,mtl .dac 0 Proposal to Provide City— Wide Aerial Photos and Contours City of Newport Beach Page 7 post- processing procedures. Accuracies of t15cm (horizontally) and t15cm (vertically) can be achieved. Accuracies better than 7cm (vertically) were achieved from initial testing of Merrick's system. LIDAR SystemDescription Merrick operates an airbome laser topographic mapping system based on the Leica/Helava Systems ALS40 /50 platform. The system integrates a laser Altimeter, an Applanix POS /AVIMU Inertial Measurement Unit (IMU), GPS flight management and other sub - systems. This integrated system is capable of 58 KHz operation at a 75° Field of View (FOV). The system configuration includes extended altitude range up to 4,700m @75 °, target signal intensity capture, and three return capture. The sensor is capable of generating five retums, however, the first three returns generate the maximum collection, and Merrick's sensor has been configured to maximize these first three returns. This advanced sensor has the capability to collect terrain data at a swath width of over two miles. The accuracy of laser generated terrain data exceeds 15cm RMSE, altitude dependent. 2. In- flight data are logged to hard drives, which provides for itmnediate viewing of post mission data. Data quality, coverage, and other mission critical information are reviewed immediately to determine if re- flights are necessary. Basic parameters for Merrick's LIDAR system include: C E: - Operating Altitude 500 to 4,700 meters Elevation Accuracy <15cm RMSE Alt dependent) Horizontal Accuracy <15cm RMSE Alt dependent) GPS Receiver Novatel Millennium Laser Repetition Rate 100 Hz to 50KHz Scan Angle 5-750 Swath Width Variable Scan Frequency Variable scan angle dependent) Return Pulse U to three (pulse rate dependent) Intensit Yes (up to three Similar to an aerial camera, it is generally not necessary to adjust Parameters of a system that has been properly calibrated. Most project errors occur due to poor pre- flight initial calibration of the sensor and/or post- processing errors. Typical error sources are a result of poor mission planning or an untested set of variables. Calibration issues may include: • Scanner Velocity — This can affect a condition known as encoder windup, which requires specific algorithmic correction for non - linear mechanical correction. • GPS Lever Arms — If a new aircraft installation has been performed, the relationship of the GPS antenna as it relates to IMU and laser must be properly measured. • Boresite Calibration — The relationship of the IMU to the laser head must be precisely measured at maximum operational altitudes. The resulting angular offsets for pitch, roll, and yaw must then be applied to the post - processor for proper projection of the data when translating data from earth center to earth fixed coordinate systems. ❑❑e❑❑ MERRICK' ❑❑❑ BUILDING DUALITY BOLUTIONB Proposal to Provide . o: „,,,e• - City — Wide Aerial Photos and Contours City of Newport Beach Page 8 ■ Pulse Rate — Lasers pulse width and shape is a variable based upon i the pulse rate of the laser. While small in comparison to other error sources, a small vertical bias (1 -5cm) is typical and should be accounted for in the total calibration. 6 Extended GPS Baselines - Kinematic GPS errors can be on the order of 2ppm, which can translate to 20cm/100km. This must be accounted for by limiting baseline length for projects demanding large -scale mapping. November 14, 2405 C:MaKonglNew o n Te nicai Pyproe .doc 2. Full calibration/verifreation of our LIDAR sensor is verified on a regular basis (monthly) at Jefferson County Airport in Broomfield, Colorado, Merrick's LIDAR Operations facility. The site has over 500 GPS centimeter class accuracy control points, which include runways, taxiways, buildings, rooftops, and other features. Points are both surface and photo identifiable targets. In addition to GPS control, a rigorous photogrammetric solution was obtained utilizing photography flown at a scale 1” =600', which is utilized for stereo surface validation and 6 -inch orthophoto reference imagery. Methodology 1. Flights are performed over the calibration site across the full dynamic range for altitude; scan rate, and pulse rates from four cardinal directions and encompassing the full swath width of the on- ground scan over the GPS control surface data. Post - processed data is incorporated into MARS® (see discussion on page 18) fries where cross sectional profiles are measured and analyzed for flight line coherence and flight line ground truth coherence. 2. Additionally, an analysis is performed, which correlates the entire control network to the LIDAR data for adherence to the project map specification. Please note, our calibration procedures require that any project variables, which deviate from the normal calibration results, be investigated and resolved before final processing of data. 1. Calibration validation is also performed at the project location to assure anomalies have not occurred en route to the site or during data collection. Typically, a limited survey is performed at the local airport to ensure mission performance. This often includes other control within the project boundary, as determined by project specifications. On projects of this size, flights are taken at the beginning and end of each mission over the calibration area(s). This assures that no drift or systematic errors have occurred during the LIDAR mission. Proper calibration also allows errors to be evaluated and adjusted (if necessary) during post- processing and projection of DEM surface data to the project control. Merrick cautions against any other methodology as this is the only cohesive process that can ensure a mission has no anomalies from mechanical, electronic, GPS, or other atmospheric error sources. 2. On data that has been corrected for systematic errors, the project checkpoint GPS control can be validated against the LIDAR surface. This verifies both LIDAR data accuracy and the critical tie between project control and . MERRICK� 6ULpe.6 OUAL.YY 6CLUTCN6 • 0 November 114, 2005 CA *II I9iNIa p ,I TeUnlr T AMMOO.000 0 0 Proposal to Provide City — Wide Aerial Photos and Contours City of Newport Beach coordinate systems. MARS® allows the user to specify the desired, required, or target vertical accuracy in project units via a user friendly GUI interface. During the calculation of control statistics, comparisons are made to this value to see if the specified vertical accuracy is met. 3. Under the current method to validate the LIDAR accuracy (designated "Elevation interpolated from TIN "), a TIN is created around each control point, using LIDAR points within 100 units of horizontal distance. The one triangle that horizontally covers the sample location is selected. The location on the surface of this triangle that matches the sample locations then provides the elevation. This elevation is a linear interpolation of the elevations of the three triangle vertices, or more simply it is the point in 3D on the TIN triangle directly above the sample location. The method complies with FEMA requirements, as described in FEMA guidelines for LIDAR mapping. specifically Appendix 4B to FEMA 37, May 2000. Using this method, the user can be assured of data accuracy through out the project area. Literally thousands of control points can be computed in seconds. 5. In the following example, the user has specified 0.6' as the vertical accuracy (Accuracy), which will statistically test the dataset for meeting NSSDA requirements for P contours (hence the 95% confidence level). This reports the min, mean, max, and average "Z error" (elevation) for all control vs. the LIDAR data within the project. You'll see that this particular dataset passed the criteria with 98.6% at 0.50'. The "achievable" contour interval represents the interval / accuracy specification (NMAS / ASPRS) possible after breakline enhancement. rlMlmal at WvN BI D.1J o.r Uw i s saRe...l,.e j 6. This report is output in Excel spreadsheet format (.csv), which allows for the user to analyze the results of the LIDAR accuracy. MERRICK` .UILO1NO OUAUTY SOLUTIONS l 0' Sw UYA t— [33 ta.+a+.b.. R�Vgvem l � .Ebf6,4al,m.,.eN.C�Fel YSeefib ;05 ln, WP tWM.bl*AH- filvds4. jj :'Ar42�v bv.,N V.ti upµ ¢W W55 i . 14!u MCa.v.F I'•� 'R�JNb..�.�IVWd2 b...d. Icb Vatl wfi Rq�vlgm,q I" Niaautua.,n xa NISf /21v.�� a3. Pgtt' R.yWAwq Itxn,ssw.wr..c..w - aw nits AJq.Zfv ¢@ 'M.�ffie.lsaW 'tTNnv.b�.e„q. ass Nss br...00.9zE.v oe5 MvM2E,v ¢@ iNZ¢ae+a... a+�nw..l M14SMwIb [o%v Fb�Y �at N:v,wM+l12 E.v ¢O' ASFIISAi�r/k Cvv.MYrI M1t — O 1 % I V MC— Z.G Z.U1_ ZEV 01 3T"M lMMM I =V S .12 015 52N 11 SZ[l 02 31=72IN 12MIM Y0 W,50 ¢n 56151 SYI. 02 is >3@n Imetn r" xnn z n pal SiSn sn 01 Zb'610 12.n5ss rn S M MW an 551: 81111 WQ.99 I25C@.t2 1 551192 V21% a@ M 5ffi4 1 gm MIND It mTZna r.. mn5 @n 12 an wn.@ M. Bm MMQ InW.ls ru O "n Mn ]51 :SSR IM T1 1WiT11F 1T0.fR11 vv STT. 11 OIILN on V VI J IkelyLWfi v,.w 6. This report is output in Excel spreadsheet format (.csv), which allows for the user to analyze the results of the LIDAR accuracy. MERRICK` .UILO1NO OUAUTY SOLUTIONS Proposal to Provide City — Wide Aerial Photos and Contours City of Newport Beach Page 10 0-71 a 2n r 1. In order to truly validate multiple return data, a known set of target coordinates must be measured against ground survey data. While a single pulse has the ability to read 2 -5 ranges, as is the case on most commercial LIDAR systems, the validity of this type of data has been minimally investigated. Many systems purport that they provide multiple returns but provide no accuracy claims. In truth, each return requires a separate vertical calibration correction, since it is a separate timing circuit. This can only be guaranteed if the signal strength is adequate from all returns. Typical project morphology provides minimal multiple return data beyond the 2nd return. Histogram analysis of data sets typically dprovides a maximum of 100% for 1 "returns, 25% maximum for 2" returns, 5% maximum for 3`d returns, and little or no 4d' and 5d' return data. This is a function of the ability of the electronic timing, and laser pulse width, which relates directly to a term known as range separation. 2. Range Separation is defined as the minimum vertical target separation required registering a valid return. Merrick's laser has <3 -meter range separation and is the highest accuracy currently available. Older systems vary from 6 -12 meters. For the user, this means that buildings that are less than 6- meters high would probably not be resolved with older systems. 3. Validation of multiple return data is a difficult task, at best, beyond 2 "d return data under normal flight conditions, and is best measured in a terrestrial environment under controlled conditions. However, most current users have little commercial use beyond building height measurement and true ground observations, which require 1" and 2 "4 return data. In the dynamic flight environment, a building is generally surveyed and is used as the control to verify the range(s). A laser shot must hit the edge of the building and have enough energy to produce a 2"d return on the ground. Then the returns are verified against the GPS control. ILtUAK Uata hi lter/C lass lticatlon and Sottcopy Edit Procedures — 1. Merrick uses several significant process steps to filter (classify) data for project specified map accuracies ranging from V to 5' contour intervals. Each step takes the data to sufficient levels for the level of accuracy and processing required. These steps may be modified based on project requirements including but not limited to, map accuracy, terrain, and canopy morphology (i.e. urban, heavy or multiple canopy vegetation, water, and swamps). 2. Data is most often classified by ground and canopy, but specific project applications can include classifications of multiple data types including but not limited to buildings, vegetation, power lines, etc. This is a very labor - intensive process and is generally not recommended on contour only projects. Typical deliverables for contour datasets are generally limited to include canopy and ground surface only. 3. In general practice, these workflow steps include ■ Step 1: Logical parsing of data by file size and morphology ■ Step 2: Automated filtering ■ Step 3: LIDAR environment editing November 14, 2005 131313 C:1mad;e4nglNewp" "�ieCinirat pp,.O.d. ❑e11 MERRICK 1100 RUILOIN9 YUAUTY •OLUTION6 E C Proposal to Provide City- Wide Aerial Photos and Contours City of Newport Beach Page 11 I. Step 4: Model keypoint generation. Step 1: Logical Parsing of Data by File Size and Morpholoqv a. Before editing the LIDAR elevations, Merrick's filtering team parses enormous raw LIDAR data files into manageable, client specified tiles using Merrick's proprietary software. The software is called Merrick Airborne Remote Sensing (MARS®). MARS' comprises a modular suite of tools that are used in the field, production workflow, and client deliverables. Please refer to the section on MARS for a more complete description of capabilities. Data parsing is determined by geographic location, morphology, and logical file size for workflow process performance optimization. b. Following is an example of a raw LIDAR high - density urban data set from the Denver (CO) CBD before filtering. The image on the left is a point cloud representation; on the right is a TIN model of the same area before filtering. Denver CBD point cloud representation before filtering Cross section TIN November 14, 2005 C :1 Za egng%New MTe niml Applaac.doc Denver CBD TIN model before filtering Step 2: Automated Filtering a. Next, custom filter macros are developed based on job specifications, terrain, and vegetation characteristics. These algorithms are applied to client data to derive a database separated into different classification groups; error points, ground points, and canopy- building points. The macros are tested in several portions of the project area to verify accuracy. Often, there are several filter macros for each project that optimize the program based on the unique characteristics of terrain, man made features; and vegetation type. Automatic filtering generally yields a ground surface that is >90% accurate, but requires additional editing to produce surfaces sufficient for image rectification and large -scale high accuracy contours (1 -2'). ❑❑°o❑❑ MERRICK° ❑❑❑ BUILOINO OUYLITY BOLUTIONO _ aCe4'fi,�,i C Proposal to Provide City— Wide Aerial Photos and Contours City of Newport Beach Page 12 berore point reclassification After point reclassification Step 3: LIDAR Environment Editing a. LIDAR data is next taken into a graphic environment to edit noise or features that may remain in the LIDAR point Cloud after auto - filter. Data is cross- sectioned from the surface to reclassify non - ground data artifacts. The cross section on the left is edited and the TIN to the right is updated automatically to reflect change real -time during the editing process, b. The following is an example of reclassif icadon of the non- ground points (elevations) that need to be excluded from the true ground surface. Data shows non - ground in red, ground in blue and low points in green. Note that the image on the right has the low points reclassified (red) of removed from the true ground surface. Step 4- Model Kevpoint Generation a. Next, a unique manipulation process normalizes the surface into one of the tightest digital surface models (DSM) available in the industry. final data extraction for the client's keypoint (statistically significant points) and canopy - building file data are then generated. Following is a screenshot of the LIDAR surface from the MARSO software application after the LIDAR environment edit process has been completed. On the left is a point cloud representation; on the ri.eht is the TIN model. Point cloud representation after the LIDAR environment . edit process has been completed November 14, 2005 C:4naM¢dng \NxwpMneMniml App,.Ohd. TIN model after the LIDAR environment edit process has been completed MERRICK° BUILDING QUALITY BOLUTIDNa u E 0 0 Proposal to Provide ROU City — Wide Aerial Photos and Contours City of Newport Beach Page 13 November 14, 2005 C 8 UngWewpwk`reomcf Appmo ,eec b. At this stage, surface data is sufficient, in many cases for orthorectification of imagery without breakline enhancement dependent on terrain or significant man made features. This is due to the high sample density of terrain data. This allows Merrick to provide the orthophotography in parallel with the softcopy- mapping environment. This has multiple benefits: • Imagery is available sooner • Numerous breaklines can be eliminated • Existing plan data can be evaluated prior to completion of softcopy LIDAR Advantages In general, there are several significant advantages to a LIDAR approach: 1. LIDAR provides higher accuracy data. Post - processed data can achieve consistent vertical accuracies of 15cm RMSE or better. Although the same accuracies can be achieved with conventional photogrammetry, the stereo - compilation process is more manual intensive and subject to random human errors. 2. Elevations are measured directly through an active sensor, as opposed to inferentially through photogrammetric techniques. 3. LIDAR data is of a higher density and thus more representative of the terrain. 4. LIDAR can provide first and last return data; first return data typically being tree canopy and last return data being bare earth. 5. LIDAR provides for rapid data acquisition. A raw elevation model for an entire county can be collected over the course of a few hours as opposed to several months for conventional photogrammetry. Thus, project schedules can be improved. 6. LIDAR is cost effective. Although the data must be validated and enhanced with breaklines, the overall cost of producing a DTM is significantly reduced for large projects by comparison to photogrammetric techniques. 7. LIDAR data can be captured during conditions when conventional photography cannot (i.e., night, clouds, and haze). 8. LIDAR data provides peripheral products (intensity images, vegetation analysis data, canopy heights, building / structure elevation models, etc.), which may be more costly or unobtainable from conventional photogrammetry. 9. LIDAR can provide accurate elevation data in areas heavily forested, where conventional photogrammetry cannot. It is a misconception that LIDAR can "see through" trees, although it can get adequate ground returns in heavily forested areas by reflecting a pulse between branches and leaves. Conventional photogrammetry relies on the incident angle of the aerial photos to provide stereoscopy. In a stereoscopic model, one photograph may be directly over the area of interest, but the center of adjoining photography may be several thousand feet away. [3013 MERRICK® ❑ ❑❑ SUILOINO OULUTV SOLUTIONS A Merrick & Company value. added product for validating the LIDAR elevation surface. C Proposal to Provide City - Wide Aerial Photos and Contours City of Newport Beach • 14 10. LIDAR data is processed and filtered in a highly automated environment, thus providing consistent results. 1. Merrick will provide Newport with unique new software for inspecting and testing of the LIDAR data. This software will allow for maximum flexibility on current and future data applications. It will also readily provide significant quality assurance tools in the early project phases, to assure accuracy requirements are met, and that sufficient covera�e of the project area has been accomplished. The QC module of MARS being provided represents only a small portion of the functionality of the tool. Additional modules can be made available for managing and analyzing the LIDAR data as an optional service. 1. Merrick has developed proprietary sofhvare that provides clients with several significant advantages for managing enormous amounts of LIDAR information. The Merrick Advanced Remote Sensing (MARS Software application comprises a Windows based modular suite of tools that are used to manage field collection, production, and client deliverable workflows. 2. Numerous significant advantages include: • Binary storage format • Field coverage verification • Control network validation and reporting in excel format • Calibration validation of entire datasets • Cross section/profiling of the DSM • Client shapefile tile scheme import/export • Graphical display of data in custom tile schemes and attributes • Ability to export selected or inclusive data segments with ease • User specified grid utilities • Orthographic and perspective viewing and navigation • Graphical point cloud representation and navigation • Graphical thinning and polygon representation and navigation • Selectable gridding algorithms and output formats • Multiple output data formats • Graphic color representation by elevation, [light line, multiple feature class and, grayscale intensity • Graphic data can be output in georeferenced TIF format .. 11 HZOM� Binary Data Format - Project data and attribute information are stored in binary format, minimizing file size and optimizing performance. Whole projects can be viewed and exported with minimal computing power. 1,000 square miles of data or more encompassing gigabytes of information can be managed at the desktop level. This eliminates requirements for large and expensive system network and database software. Field Coverage Verification - Ground Sample Distance (GSD) and coverage of the entire project area are graphically reviewed and verified before leaving the project site. November 14, 2005 e.lmdM1.e4nglNCAyotllTEdmital gpplpach.EOC 0❑G0 MERRICKO •UILOINO OUAUTY •OLUTION• 11 u E 0 0 0 Proposal to Provide UMMOVA City — Wide Aerial Photos and Contours City of Newport Beach Page 15 November 14, 2005 C 8 eungwew nTec nir APP O.doc Control Network Validation — Quality assurance of the DSM can be performed on large control networks with ease. GPS or other control can be imported, draped to the DSM, and graphically displayed. Data can be reviewed graphically and statistically analyzed for accuracy. Control network checkpoints can be computed (compared) against the LIDAR DSM. The user can specify and review the following parameters: • Specify the radius about a control point for analysis • Specify the vertical accuracy • Compute min/mean/max • Compute RMSE • Review data by inclusive or individual control points • Review number and statistics of individual LIDAR points within the specified radius Report information can be customized and include min/mean/max average, and median statistic calculations. Elevation accuracy is user specifiable in the statistical calculation. Reports from the application can be generated in Excel or other text formats and exported for additional analysis. Cross Section/Profiling of DSM - Project mission flight lines are profiled to assure accuracy and calibration during the field collection process. Cross sections, or profiles can be selected and generated from an orthographic view of point cloud or TIN data. Profile exaggerations can be applied 1 -100x scales to compare laser flight line calibration accuracy. Zooming and panning of cross sections or profiles of multiple flight line data allow for review of consistency across the complete project DSM. A measuring tool is provided to validate accuracy. Additionally, the profile can be navigated (dragged) along a trajectory and updated to review all mission data with ease and speed. Client Tile Scheme Import/Export — ESRI shapefrle file scheme and index attribute information can be imported to the database. The entire project can be viewed in a vector format with tile attributes, which provide for fast navigation to the AOI. Data can then be analyzed, or exported as inclusive or subset information. A buffer can be specified to encompass overlapping information if needed. Complex polygon shapefrles can also be added to clip (includetexclude) area specific project data boundaries during the export process. Graphic Representation — Data can be represented by point cloud, TIN, and intensity information. Specific classifications of data can be displayed as ground, canopy, building, powerline, or other specified classes. Additionally, data can be displayed by flight line (individually color coded) to review specific mission(s) and calibration information. Performance - Data are displayed rapidly by automatic resealing of relevant data density at any given scale. This allows for minimal computing power requirements for extremely large data sets. Additionally, it eliminates the need for complicated and expensive network and database solutions. The user can specify performance resolution variables to optimize viewing speed and resolution on specific platforms. Navigation Tools — Navigation of data can be accomplished in orthographic and perspective views. Data zooming, panning, and rotation can navigate through large point clouds, TIN, and intensity data classes at the full project, file scheme, or macro level. MATEEMOM171% ye 1Y1 /y, c Proposal to Provide City— Wide Aerial Pholos and Contours City of Newport Beach Page 16 Grid — The grid utility allows the user to specify grid spacing, inverse distance weighting, etc. Data can be exported to ESRI compatible Float Grid Binary and ASCII formats. Sub -set or inclusive data sets can be exported to provide maximum flexibility and data management ImporUExport Formats — All inclusive or sub -set data can be exported to several formats including: ASCII, Float Grid Binary, Jas, shapefile, or custom. Data can be exported by classification, which can include all points, ground, canopy, intensity, building, vegetation, power line, or other client specified classes. Following are several additional capabilities of this powerful application: View by Hight line View by laser intensity View by classification The aerotriangulation process physically and mathematically ties individual exposures and associates the entire photo set with the project's horizontal and November 14, 2005 ❑❑❑ O C:VZmelingWeppod %TeUnirl Apprww.dp ❑e❑ MERRICK ❑❑❑ SUILOINU GUGLITY Bp LUTIONB 11 E � w E • Proposal to Provide City — Wide Aerial Photos and Contours City of Newport Beach L, A 17 vertical datum. Sophisticated software corrects inherent systematic errors such as earth curvature, atmospheric refraction, film distortion, camera lens distortion, and aircraft (flight) inconsistencies. The final aerotriangulation adjustment generates coordinates (X,1) and an elevation (Z) for supplemental photogrammetric points on each photograph. These coordinates are used to set models during the stereo- compilation phase. Merrick uses a systematic and time- tested procedure for completing the aerotriangulation: -. The aerotriangulation process physically and mathematically ties individual exposures and associates the entire photo set with the project's horizontal and vertical datum. Sophisticated software corrects inherent systematic errors such as earth curvature, atmospheric refraction, film distortion, camera lens distortion and aircraft (flight) inconsistencies. The result of the final FDAAT solution is exterior orientations for each camera station; x,y,z location at the photo center and tip, tilt and swing of the camera at the instant the photo was captured. The exterior orientations are used to set models during the stereo - compilation phase. 1. Throughout the FDAAT process Merrick is inspecting,(approving and rejecting) the data before proceeding with the next step of the process. Thus, by the time the bundle adjustment is executed, only potential errors in the input control are remaining. The technician thoroughly reviews the residual and RMS results of the AGPS, ground control, and terrain (matched) points to ensure that the final results will support the accuracy requirements of the project. 2. Merrick strongly encourages the use of check points as an independent verification of the final bundle adjustment. We propose that Newport survey approximately 10 -20 well- distributed check points throughout the project area. Newport will withhold the coordinates and elevations of these check points and compare them against the derived coordinates from the bundle adjustment. Upon approval of the aerotriangulation results by Newport, these check points can be incorporated into the final adjustment as additional control. 3. A comprehensive report detailing the results of the FDAAT task will be submitted to the Newport project manager. The report will include, at a minimum, the following information: • A brief narrative of the aerotriangulation process • Root Mean Square (RMS) error and residuals of the ground control points • A discussion of any control misfits and corrective actions taken to resolve misfits • A statement of accuracy • A digital file of exposure locations with flight and exposure number annotated 4. The final report will be inspected and signed by Merrick's project • manager, a Certified Photogrammetrist, and FDAAT technician. November 14, 2005 C 1MaftbngWew MTednio Appro .dw MERRICK° ■UILDIND OUAUTY ROWTIONC . wrn • • fit' r Proposal to Provide City — Wide Aerial Photos and Contours City of Newport Beach Page 18 November 14, 2005 C.MakebngWewporlUr nlc lAppm M.doc 'PROJECT PRoToTypr= Once the imagery, LIDAR, survey, and aerotriangulation have been completed, Merrick recommends a project prototype. This will allow Newport to visualize all the database products requested in the RFP for a sample portion of the project. Completing the prototype ensures that both parties have a clear understanding of all project products and specifications. We believe we understand the complexity of this project and therefore do not anticipate major modifications in our procedures as a result of the prototype. Merrick proposes that a formal Prototype Review Meeting is held at Newport's offices. Alternatively, Merrick can host the meeting if Newport would like to tour our facilities in Colorado. The Newport project team will have an opportunity to review the prototype data prior to the review meeting. We recommend a review period of two (2) to four (4) weeks by Newport. The prototype will be a representative sub -set of the entire project. It is important to obtain a large enough sample of the project to ensure most database situations and anomalies are reviewed. Merrick proposes that four to six tiles should be completed to review unique project characteristics and economically complete revisions to the database if modifications are required. Specifically, the objectives of the prototype are: 1. Review the Database Design Document and determine the final list of attributes to be populated. 2. Produce a working model of the ortho image and DEM data products being generated and verify that the data will meet Newport's expectations. This model may be used by Newport to demonstrate and communicate the purpose of the project to consortium management and administrators. 3. Test the physical database structure. The primary aspects of the design will focus on defining and documenting important database structure items such as: • Coverage / layer naming conventions • Item naming and coding • Annotation level definition • Database tolerances • Line and symbol coding • Attribute definition • Tile formatting 4. Refine communication protocol and response time expectations for resolving project issues. 5. Establish and strengthen the working relationships between Merrick and Newport. 6. Modify in -house project quality control processes, as necessary, to remain compliant with project accuracies and specifications. 7. Modify and customize existing AML, MDL, LISP, etc. routines and in- house programs to conform to the unique characteristics of the project. 8. Once all prototype issues have been resolved, Newport would then provide Merrick authorization to proceed on project -wide production. MERRICK° e01LOINY QUALITY O=UTION6 L 0 r] C� Auto filtered data with trees Auto rrltered data with trees and structures removed including breakline E November 14, 2005 Q4narv:aGn3wew9omiemnfrai 4aV��acn.00r. • Proposal to Provide City — Wide Aerial Photos and Contours City of Newport Beach Page 19 Breakline Procedure 1. Utilizing a combination of automated filtering techniques, MARS ", and softcopy photogranunetry, Merrick derives "bare earth ". The filtered LIDAR data is draped on the imagery. LIDAR data points, either individually or in groups, are edited to ensure that they are "on the ground." Supplemental breaklines are compiled in critical locations to ensure the final DTM and contours meet project accuracy specifications. As a final validation, contours are generated and again draped in 3 -D. Merrick has integrated a combination of techniques, including 2D and 3D, to achieve the required accuracy specifications. • Because LIDAR point placement is accomplished randomly, the data does not often model steep slopes, retaining walls, culverts, roadside ditches and hydro features • Merrick's 2 and 3 -D edit procedures takes the filtered LIDAR point cloud and, converts the resultant surface into raw contours. Contours are reviewed with digital imagery, Merrick's analysts can readily determine if there are any errors in the LIDAR point data, and determine where breaklines need to be added. Merrick's 2 -D approach utilizes LIDAR points in attributing the Z values of the breakline. • The actual number and density of breaklines added to a LIDAR DSM are significantly less, when compared to a traditional photogrammetric DTM. This is due to the number of LIDAR points being hundreds of times denser. Additionally, the positional accuracy of the DSM data is far better than traditional photogrammetry. • Specific examples where Merrick's analysts would add breaklines and/or modify the LIDAR are listed below: Points are also deleted from under bridges and a bridge polygon inserted to show where this was done — Water areas are surrounded by a water breakline and a water spot elevation placed in the water body — Roads are compiled with road breaklines and, if a crown is visible, a centerline breakline is compiled 3. Next, breaklines are used to delete point data from within water and roads then used as standard 3 -D breaklines so that the final product will depict flat water surfaces and crowned roads. The LIDAR edit data proceeds to 3 -D quality control, compilation edit, and LIDAR final surface adjustment In the margin are examples of the LIDAR DSM before and after breakline addition. r.r1•[•r_ gran i- [ ri;awa�[uyu•ni[ Because of the many LIDAR projects completed by Merrick, we have developed our own software and procedure to compensate for the many technical issues associated with creating accurate and cartographically correct elevation databases. The following summarizes the use of MARS® software to compile breaklines for hydrographic features (i.e., rivers, lakes; etc.). ❑❑®❑❑ MERRICK° ❑ ❑❑ euaouvn uunurr eawncne November 14, 2005 C:1made4ngWew on%Temnr=l A�iprwMdoC Proposal to Provide City — Wide Aerial Photos and Contours City of Newport Beach 1. Lakes Lakes are compiled by using a combination of the LIDAR to determine elevation and ortho to determine X. Y location. There are two steps needed to compile a lake elevation: go Sfep 1. Because LIDAR returns in water bodies are generally inaccurate, care must be taken to select the correct elevation. Two measurement systems can be used to determine the lake elevation: Measurement n1. Find the lowest possible LIDAR point at the water's edge next to the bank of the lake. This technique can be used when there are no LIDAR returns inside of the water body. Example: The user must find an edge of the bank that is not obscured by vegetation. In this image, the area around the dock is an excellent example Example. The surface has been rendered and primary colors have been added to describe subtle elevation changes in the surface. One -foot contours have been placed over the classified keypoint data at the inside and outside of the lake. The yellow elevation "below" the thick contours would be the correct Measurement #2. Lake elevation can also be determined by finding the "average lowest" elevation of the LIDAR returns. This technique is helpful when the banks of the lake are obscured by vegetation. Example: One -foot contours have been placed over the classified keypoint data at the inside and outside of a lake. The contours will help the user to determine the elevation of the lake. MERRICK° BUILDING Gu<uTV wLuTloHe C • 0 0 u Proposal to Provide ^.;,, „,.„• City —Wide Aerial Photos and Contours RZA ' City of Newport Beach Page 21 November 14, 2005 C:Mar Ung New oMTe nz f Approach.t Example: The surface has been rendered and primary colors have been added to describe subtle elevation changes in the surface. The yellow elevation "below” the thick contours would be the correct elevation for this lake. By sampling a few of the yellow elevations, a precise elevation can be determined. Step Z Once the correct elevation has been selected, the user can then compile the edge of the lake using the ortho. ❑ ❑o❑❑ MERRICK® ❑ ❑❑ SUILOINQ QUALITY SOLUTIONS A E • °""' - Proposal to Provide City — Wide Aerial Photos and Contours City of Newport Beach Page 23 November 14. 200$ C:ImaMelinglNewponlTeMnioal Ap,r 0.Eoc Example: A stream can be seen in the ortho connecting a swampy area to a lake Example: Before breaklines. One -foot contours are generated from the keypoint data. Example: The water bodies and stream are compiled ded MERRICK° UDO OUILOINO QUALITY EOLUTIONB E E v Proposal to Provide City — Wide Aerial Photos and Contours City of Newport Beach Page 24 Example: After breaklines. The hydro features noe reside underneath a continuous contour. o • =- o Following the collection and verificanon of the newly developed DTM data (derived from the LIDAR DSM and breaklines), Merrick uses MARSi'to process the DTM and interpolate the new hro -fool (2') contours. MARS' is proprietary software that Men ick has developed to provide clients with several significant advantages for managing enurnumus amounts ol' LIDAR information. Internal to Merrick, the MARS` Software application also includes additional modular suites 01'1001S Ihat are used for contour interpolation and other applications. The f011o \ +•ing outline provides a ctrncisc deseripliun of Iliv significant procedures /milestones that will occur to create contours for the project. 1. The points in the DTM are related and connected to each either by creating a Trianeulated Irregular Network (TIN). Drawing 3 -D itimtgles whose corners are the D'I' \i points creates the TIN. November 14, 2005 °° ° a ❑ M E R R I C K ponlTetl�nirai App; oadL¢oc ° °° BV;LO;NG OVGI;TY 6OLVTIONG • E 6-1 0 0 Proposal to Provide .A „�,,.• • City — Wide Aerial Photos and Contours City of Newport Beach Page 25 November 14, 2005 C:lma ebnglNew rff cM1ni lAMmro .E 2. When the points in the DIM are collected "on the ground” and in a sufficient density, the legs of the triangles that connect the points accurately represent the surface of the terrain. These triangles that are created to make the TIN are "drawn" within the contour interpolation (CIP) software according to certain rules. 3. The principle rule is that breaklines act as a "hinge" for any interpolation that would pass through them. That is, any triangulation that tries to get past a breakline by going over or under it is forced to go up or down to that breakline and then continue on from there. This prevents the TIN from "submarining" through ridges or "bridging" over drains. 4. The next step is to process the TIN to create the contour levels using contour interpolation software (CIP). After processing, attributes for elevation and line type are automatically populated for each line. 5. Contour data will be interpolated across sheet (tile) edges to form a continuous line. This will create an exact edge match of contours along the tile boundaries. Merrick will use the predetermined tile and sub -tile layout to "clip" continuous data into individual tiles. 6. Creating an aesthetic cartographic contour map is the next step in the process. At the editing workstation, contours are smoothed, enhanced, and verified to be within the tolerances of the accuracy specifications. During the prototype Merrick will work with the Partners to determine the cartographic quality of the contour database. 7. A final inspection of the vertical accuracy is then performed by comparing spot elevations to the interpolated contours. This essential, quasi - independent validation proves the accuracy of the contours relative to the adjustment of the aerial photography. CONTOUR DATA13ASES Merrick utilizes ArcGIS software tools to create topologically correct coverages /geodatabases, validate edgematching, and populate the database with appropriate attribute values. All final data will comply with the database design standards. 1. Using the final the layout, Merrick will "clip" the continuous data into individual tiles. 2. Merrick's existing AML's and ARC tools will be customized to meet the specific QC /QA requirements of the Partners. Merrick can make selected AML tools available to the Partners to expedite the QC. 3. Following the on -line completeness verification, Merrick will then make corrections, if needed. Merrick understands the necessity for providing our clients with topologically correct databases. Thus, all final processed graphic data will conform to standard GIS topology "rules ": ■ Edge Matching: All digitized features will be both visual and coordinate edge matched with features from existing data, adjacent tiles, sheet edges, and at model breaks or other artificial boundaries within a tile. No edge 131311313 MERRICK° 131313 ■41LOINO OVGLITY ROLU"ONS Ce IR Mp4j • • Proposal to Provide City — Wide Aerial Photos and Contours City of Newport Beach Page 26 match tolerance will be allowed. Attributes for adjoining features will also be identical. November 74.2005 C:MahebngWew M%Tednic [Appro Aw • Common Boundaries: All graphic features that share a common boundary, regardless of digital map layer, will have the exact same digital representation of that feature in all common layers. • Point Duplication: No duplication of points will occur within a data string. • Connectivity: Where graphic elements visually meet, they will also digitally meet. All confluences of line and polygon data will be exact mathematically; that is, no "overshoots," "undershoots," `offsets" or invalid `pseudo nodes will exist. Lines that connect polygons will intersect polygons precisely; that is, every end point will be an intersection point of the respective polygon. • Line Quality: A high quality cartographic appearance will be achieved. Transitions from straight line to curvilinear line segments will be smooth and without angular inflections at the point of intersection. The digital representation will not contain extraneous data at a non - visible level. There will be no jags or hooks or zero length segments. Curvilinear graphic features will be smooth with a minimum number of points. When appropriate, line - smoothing programs will be used to minimize the angular inflection in curvilinear lines. Any lines that are straight, or should be straight, will be digitized using only two points that represent the beginning and ending points of the line. • Segmentation: The digital representation of digital elements will reflect the visual network structure of the data type. An element will not be broken or segmented unless that segmentation reflects a visual or attribute code characteristic or unless the break is forced by database limitations. • Area and Polygon Closure and Centroids: For area features being digitized, the last coordinate pair will be exactly (mathematically) equal to the first coordinate pair. Centroids will be placed in all polygon area features. • Point Criteria: All point features will be digitized as single x, y coordinate pairs at the visual center of that graphic feature. DIGILAL ORTHOPHOTO GENERATION Merrick has extensive experience in producing digital orthophotography for our clients. Since 1990, we have generated over 40,000 color, black & white, and infrared images on projects of all sizes and complexities. Our 10 digital imaging technicians are well versed in all aspects of image processing and Merrick remains current with the latest software developments and processing techniques. Our in -house programming personnel provide customized support as necessary, to enhance production processes and image characteristics. The algorithms used to rectify imagery are static within the industry. Regardless of whether individual vendors use off -the -shelf or customized software and all inputs being equal, the positional accuracy characteristics of the final orthos will be essentially the same. Therefore, our focus is on image quality, production efficiencies, and customer support. MERRICK° NUILOINO OUALrTV VOLUTION! • • 0 0 .'.n!- r Proposal to Provide City — Wide Aerial Photos and Contours City of Newport Beach Page 27 November 14, 2005 G:4nar eOq New OMTe meal Appmp .d= The following is an overview of the process by which Merrick creates digital orthophoto images. There are five (5) main steps involved in creating a digital ortho. These include the following: 1. Creation of the ortho DEM 2. Negative rasterization (scanning) 3. Fully differential orthometric rectification 4. Radiometric correction and image mosaicking 5. Data quality inspection and delivery Secondary processes may include: • Resampling to multiple resolutions • File compression • Integrating the imagery into Merrick's custom display and plotting extensions Merrick uses Leica/Helava's latest release (4.3. 1) of digital ortho processing software and high -end Dell workstations. Each step of the production process has internal validation measures, which must be approved before proceeding to the next step. The following section outlines our procedures for generating the ortho imagery. 1. The aerial images are thoroughly reviewed by our Digital Imaging discipline lead for clarity, contrast, shadow detail, sunspots, and scratches. Photography that will not provide the highest quality final imagery will.be re -flown at no cost to Newport. 2. The project area is sub - divided into workable blocks for efficient processing (up to 50 stereo- models per block). DEM data are merged for a given block and the elevation data is graphically displayed relative to the project boundary to ensure that all areas will be correctly rectified. 3. Ultimately, orthophotos are as accurate as the rectification surface on which they are based. Rigorous quality assurance procedures provide confidence that the DEM and consequently the orthophoto meet or exceed specifications. Therefore, the DEM is evaluated using various isometric views to check for any "spikes." The technician also validates that the DEM blocks overlap to ensure that there are no data gaps between blocks. 4. A grid is generated from the DEM. A gridded surface is more suitable for rectification than a DEM. 5. Project parameters (photo scale, camera calibration data, output resolution, etc.) are input to a project file for access by the Leica/Helava software. 6. Interior orientations (ftducial measurements) are imported from the stereo- compilation department to obviate the need for re- measurement and maintain consistency between the compiled data and final ortho imagery. 7. A reduced resolution data set is created by minifying (re- sampling) the scanned imagery. The reduced resolution data set will be subsequently used for the initial rectification. MERRICK° BUILOIHO QUALITY {OWTIO"A Ea ® • Proposal to Provide City -Wide Aerial Photos and Contours City of Newport Beach Page 28 True Ortho DTM Samole — Downtown Denver November 14. 2005 e:ManeYngWe'nyodlTOdlni [ al ApprwNi.dd 1. Establishing or defining the ground surface and scanned negative relationship via digital orientation are the next steps in the process. Digital images are geo- referenced to the DEM surface through an interior (from the camera calibration report) and exterior orientation (from the FDAAT) of the scanned image. These orientations relate the scanned image to the camera and subsequently the camera to the ground. 2. Leica/Helava's module MO is executed to simultaneously rectify and mosaic an entire block of imagery. This process is completed on the minified data set as an initial rectification to expedite processing. Merrick will use a Cubic Convolution re- sampling method, with the ability to edge - enhance or smooth an image as needed to arrive at the best geometric and radiometric output possible in the commercial market today. 3. Seam lines are automatically generated by the software and displayed to the technician. Tone and contrast are adjusted automatically between input images during this process, with the images then feathered across a buffer zone to eliminate seam lines within the project area. 4. The ortho technician reviews the locations of the scam lines and manually modifies them to avoid height objects and to place them in monotone areas (through open field, along road centerlines, etc.). The technician also reviews the image characteristics and modifies a block -wide histogram as necessary to adjust the overall tonal balance. 5. A second and final rectification is completed on the full resolution data set using the modified parameters and edited seam lines from the initial adjustment. Tonal balancing on a block basis is again reviewed to ensure consistent imagery. Overall image quality is reviewed to ensure that the imagery is of consistent tone and contrast across the project area, and to specifically look for any breaks or processing failures within the image. Any such breaks will be cause for rejection and recreation of the affected sheets after determining the nature of the problem. 6. The block of imagery is cut to individual delivery tiles. 7. A visual inspection of each tile is completed for aesthetics (dust, lint, scratches, smears, building and bridge lean, etc.) 8. Bridges are corrected by rectifying them at "zero" elevation. The rectified feature is referenced and transferred to the final image file. lmemcK "S i rue unno GOrrectlon.memoaoiogy.- _i � •= +:- Building lean is inherent in aerial photography due to the radial displacement properties of the aerial camera lens. However, true orthophoto generation can eliminate building lean, thus permitting unobstructed views of ground features on all sides of the building and ensuring a truly orthogonal view of the imagery. Naturally, true orthophoto generation requires a more rigorous approach than traditional image rectification. The following summarizes Merrick's approach to creating the true orthos for Newport. CIDO MERRICK ❑❑❑ BUILDING QUALITY COLUTION5 u E E 1J • Proposal to Provide UZU City— Wide Aerial Photos and Contours City of Newport Beach Page 29 Downtown Denver November 14, 2005 C9+naO:eLngWew ortlTe inl Fppmacn dw 1. Additional aerial photography will be flown with at least 80% overlap and 60% sidelap. 2. The photography will be acquired in "blocks' over the individual areas requested for true ortho rectification in the RFP. 3. A Feature Database file is generated using Leica's Pro600. The purpose of this file is to "pull the buildings upright by placing rooftops directly over the buildings' footprints. • Breaklines are photogrammetrically captured along the ground, rooftops, multi - levels of structures, and slopes. Each planar facet of roofs is collected as separate breakline polygons and/or polyhedrons. For curved building walls, the curves are divided into facets with breaklines. • During rectification, features that are polyhedrons containing single polygons are assumed by the sofhvare to be roof polygons; the sides of the building are automatically generated by dropping the polygon vertices onto the DTM surface. Polyhedrons containing multiple polygons are assumed to consist of roof and sides already, thus no sides are generated by the Leica software. Polygon features are assumed by the software to be roof or bridge polygons, and no sides are generated; this allows for proper rectification of surfaces that hover over the ground, particularly bridges. • When breaklines are collected, care is taken to place the edges of polygons just outside the edges of the buildings. This prevents artifacts from the edges being left behind in the imagery when the building is pulled into place. 4. The Feature Database is exported into the format required by the Orthophoto module using PROFDB. 5. A digital terrain surface (DEM, DTM, or LIDAR DSM) is prepared and imported into SOCET SET as a .dth file. This file will contain masspoint/breakline data and/or model keypoint data, and will be used in conjunction with the Feature Database file during rectification. The analyst utilizes a TIN format for rectification. 6. The Leica True Ortho sofavare transforms the imagery along the triangle boundaries, thus providing a highly accurate rectification of the terrain. Additional files needed are support files generated during the AT process, which will contain interior and exterior orientation parameters for the rectification process. 7. Next, image pyramids are generated for each scan to be rectified (an internal requirement of the software). 8. For each true orthophoto, a base image must be selected as the target. Were this image to be rectified alone, the feature database file and the DTM would pull the buildings upright and put their roofs over their footprints; however, a shadow would be left on two sides, thereby occluding the terrain. Supplemental imagery is required to solve this problem. One or more supplemental images that have coverage in the hidden area are used as inputs to the process. 9. The Leica software automatically then detects the occluded region and selects the best image(s) to use to Fill the area. To ensure the most ❑❑e❑❑ MERRICK© ❑❑❑ CUILOINO oUCLITV 60LUTI0N8 3•0 Sample Image — Knoxville, TN November 14, 2005 C:MaM1:eY ^SR�ewpotllTe¢hni:al fWpeoaclf.EO: • i , Proposal to Provide City — Wide Aerial Photos and Contours City of Newport Beach Page 30 . accurate coverage in order to eliminate occlusion in the target ortho, the analyst will utilize eight supplementary images. 10. The imagery is then rectified and checked for accuracy. Special care is taken to review the final true ortho for smears caused by DTM or missing aerial photography. If a smear occurs, the ortho technician reviews the DTM and imagery used in the rectification. Appropriate modifications are made to eliminate the source of error. 11. Once the true ortho is inspected and accepted, the image is then mosaicked into a Iargerortho block that was created from the original 60% endlap / 30% sidelap photography. In this process, the footprint covered by the true ortho block is removed from the larger ortho block. This allows the true ortho to be feathered into the seamless mosaic. 12. Final ortho tiles, which contain both true and traditional ortho, are then "clipped" into Newport's tile format. I A Merrick recognizes that the quality of orthophoto imagery can be subjective. Imagery that may look good to one person may not to someone else. For this reason, we work closely with our clients during the start-up and prototype processes to develop imagery that is suitable for all users. Our philosophy is that we are working as a team with our clients to achieve the desired results for their intended applications. The following outlines potential orthophoto quality issues that may arise on any given project and Merrick's solutions to these issues. Image Clarity The clarity of the image can be significantly affected by atmospheric haze and dust. Thus, aerial photography will be taken in accordance with ASPRS Standards for Aerial Photography whereby the "photography shall not be secured when the ground is obscured by haze, snow, smoke, dust, flood waters, or environmental factors that may obscure ground detail." The aerial photography is thoroughly reviewed for compliance with this standard. Brightness /Contrast Brightness and contrast can be controlled during the film processing, scanning, and orthophoto processing phases. The best way to achieve the proper brightness and contrast is through proper film selection and film processing. Although these factors can be controlled somewhat during the scanning and ortho processing phases, the extent to which they can be controlled is primarily dependent on the quality of film processing. Merrick completes a histogram analysis of the imagery prior to scanning to analyze and adjust the dynamic range of gray scale values for brightness and contrast. Brightness and contrast can also be further adjusted on a project -wide basis during the mosaicking process. We recognize that acceptable brightness and contrast of the ortho imagery is subjective and varies from client to client. In an effort to determine the optimum image quality parameters at the onset of the project, Merrick will: Submit sample scanned images of varying contrast and brightness prior to scanning the balance of the film negatives MERRICK° BUILDING UUALITV IOLUTION! i 0 November 14, 2005 C: \marketing W ewpon \Tetlinieel ApproacM1 qoc 0 Proposal to Provide City — Wide Aerial Photos and Contours City of Newport Beach Page 31 ■ Review the contrast and brightness of a sample set of imagery during the prototype review meeting Shadows The extent to which shadows impact the imagery is a direct result of the time of year and time of day that the photography was flown: Longer shadows will give an overall appearance of darker imagery in heavily shadowed areas even though a histogram analysis may show that the imagery is similar. Regardless of the film type used or the time of year/day flown, you should be able to identify at least some, and preferably all, detail in shadow areas. To ensure the highest possible visibility of detail in shadows, the aerial vendor must properly expose the film and process the film according to manufacturer's specifications. Scratches Scratches can be introduced at various stages of the process. Scratching can occur when the film passes across the platen in the camera, as the film is being passed through a film processor, as the film is being used to generate contact prints/diapositives, as the film is being scanned or even as the film is being rolled across a light table for review. It is difficult to completely eliminate scratches. To minimize the impact of scratching, Merrick works exclusively with aerial vendors that use the latest in camera and film processing technology. These vendors also recognize the importance of proper handling and storage of the original negatives. Whenever film is being reviewed on a light table, white lintless cotton gloves are wom by the technician and the table is thoroughly cleaned. Scratches are "paint- brushed" out during the orthophoto image QC check. The heaviest concentration is placed on scratches that fall on planimetric features, although any scratch that is unsightly is fixed. The extent to which scratches are fixed is a subject discussed at the kickoff and prototype review meetings. Artifacts Artifacts (lint, dust, etc.) can be introduced any time the film is being rolled out for any purpose. Although vendors and their subcontractors usually take great care to avoid scratches and artifacts, it is nearly impossible to eliminate them altogether. Artifacts that are unsightly or that fall on critical features are "paint- brushed" out during the orthophoto image QC check. Mosaicking Mosaicking is completed as a standard process to minimize the effect of inherent tonal variations from photo to photo. Our ortho technicians will review and modify seam lines so that they are placed in areas of consistent tonal balance and between buildings or bridges. A dynamic range adjustment is completed across the entire block of images to provide a tonally balanced product. The mosaicking parameters can be carried from block to block to ensure the entire project area has consistent tonal qualities. Radial Displacement (Buildings) Due to the radial properties of the aerial camera, buildings will "lean" outward from the center of each exposure. The extent to which a building leans is a function of the height of the building and the distance from the nadir of the _ o XT EM � t. _. \. Ea Proposal to Provide City— Wide Aerial Photos and Contours City of Newport Beach Page 32 Image Group 1: Image Group 2: November 14, 2005 c:"al c-angWe ,Iprve&Iniw Apprw I.dm photo. This can be very detrimental to ortho imagery since the leaning buildings will obscure otherwise visible features. There are several ways to correct this anomaly. Buildings can be modeled by capturing breaklines at all elevation levels, and using this "DTM" data in the rectification of the orthos. This is known as true ortho rectification. This is a very expensive and titre consuming task and is typically cost effective only in downtown areas with extremely tall buildings. A second option is to capture single spot photos directly above small areas of tall buildings. These "spot shots" are single -photo rectified and "spliced" into the standard photo set. A third option is to select and rectify the frame of photography that is most centered over the building(s) of interest. For this project, Merrick has proposes to eliminate building lean by using a true ortho process in the requested, downtown area. Radial Displacement (Bridges and Overpasses) In the case of bridges and multi -level overpasses, the orientation of the bridge in relation to the principle point of the photograph plays a large part in the output appearance of that bridge. If the bridge is oriented close to the photo center, very little modification, if any, may be required for that bridge. If the bridge is located to the edge of the photo center, a marked degree of modification can occur to that structure, such as warping, ribboning, melting, etc. Merrick will make every attempt to rectify bridges and overpasses using portions of the imagery that are closest to the center of each exposure, thus minimizing the lean of these features. Positional Accuracy The best way to internally validate that the final ortho products meet the required accuracy standard is by measuring control points on the final ortho photos and comparing the values with the survey control coordinates. If available, planimetry is overlaid with the image data as well to check specifically for correct fit, placement, and completeness of the data prior to final formatting and delivery. 1. Final image quality and geometric ft is reviewed before translation to the client - specific file format. Once translation has occurred, the translated images are displayed to ensure no errors have occurred in translation. The images are then written to the specified media for delivery to the client, and are backed up with all related project data to assure data recovery for future operations. 2. For this project, we anticipate that all imagery will be output as TIFF format files (.tif) with a georeferencing world (header) file (.tfw). This format is readable by Archtfo and other GIS packages. Newport understands that the quality of ortho imagery is subjective to each user and quantifying the acceptability of ortho imagery, in specific terms, is not a goal of this project. Due to inherent anomalies in aerial photography, Newport accepts that there will be minor variations in brightness, contrast and MERRICK° BUILDING OUGLITY nDLUTIONO C CJ 0 0 0 Proposal to Provide US IVA City— Wide Aerial Photos and Contours City of Newport Beach Page 33 November 14, 2005 C:Mee UNNe MTedntc lApproae w color tone in the ortho imagery throughout the project area. The following will be used as a guideline for acceptance of the digital orthophotography. These anomalies must be apparent when viewing at the intended mapping scale (i.e., 1" =100' scale). Artifacts Accepted — Minor artifacts only. Scratches and artifacts in areas of "insignificance" such as water, trees, fields, etc. Scratches and artifacts, regardless of location, do not detract from usability or overall aesthetics of imagery. Accepted with Rework — Significant scratches and artifacts throughout tile. Scratches and artifacts on numerous planimetric detail such as buildings, roads, etc. Scratches and artifacts detract from usability or overall aesthetics of imagery. Contrast Accepted — Contrast is the same or very similar to agreed to prototype. Accepted with Rework - Contrast is significantly different than agreed to prototype. Radiometry / Seatrilines Accepted - Only minor variations between tiles or flight strips when viewed in conjunction with surrounding tiles or across project/delivery area. Seamlines between individual source photos are nearly or completely invisible. Obvious attempts have been made to "feather" seamlines and they have been placed primarily in monotone or inconspicuous areas. Accepted with Rework - Significant variations are apparent between tiles or flight strips when viewed in conjunction with surrounding tiles or across project/delivery area. Obvious seam lines exist between source photos with no apparent attempt to correct. Seam lines have been placed through buildings when other routes could have been used. Clarity Accepted - Image is clear and primarily free of blurred areas within the limitations of mosaicking and the source aerial photography. Pixel resolution is correct as per specifications. All image pixels exist. Accepted with Rework — Image is not clear or has numerous areas blurring that can be attributed to factors outside the source aerial photography. Pixel resolution is greater than defined by specifications. Image pixels have dropped out. Warping / Stretching Accepted — Imagery is free of warped or stretched areas. Accepted with Rework — image has warped or stretched area that cannot be attributed to extremely steep terrain. MERRICK° amtmnu ouuIrry SCLU"ONe .� Proposal to Provide City — Wide Aerial Photos and Contours City of Newport Beach Page 34 Edge Matching Accepted — Ortho tiles edge match within the tolerances of accuracy requirements. November 14, 2005 C:Imar ebnglNe.po %TeOnrc tApproa�.tl Accepted with Rework — Ortho tiles do not edge match within accuracy specifications. Positional Accuracv Accepted — Ortho imagery matches planimetric data within the tolerance of accuracy specifications. { +/- calculations on control and/or check points) are within accuracy specifications. Accepted with Rework— Ortho imagery does not match planimetric data within the tolerance of accuracy specifications. { +/- calculations on control and/or check points) are not within accuracy specifications. Following image acceptance, Merrick will resample the data, creating a 1.0' dataset. Merrick understands that the following deliverables will be provided to Newport for this project, and are that Newport will maintain sole ownership of such: .�Lnan.�sanunn�ncra11=11LALW . . 1. ASCII Coordinate listing of all new (temporary) established GPS points. 2. Shapefile of the new GPS control points. 3. Final Ground Control / GPS Survey Report 17n1i7!) T. liF. l/_ � 'F.'IRiiL.�lIaTT7.Si1FTiLRIFFi • � (��,,;� .. 1. FDAAT results report and computations (include AGPS derived photo centers and ground control coordinates). 2. Shapefile of the resultant stereo -model limits. Products LIDAR 1. Shapefile of the flight plan(s). 2. Final classified (filtered) DSM (bare- earth) in binary (.las) and ASCII format. 3. First return (canopy) data in binary (.las) and ASCII format. 4. Intensity return data in binary (.las) and ASCII format. 5. Accuracy (control) report illustrating the results between the DSM and project ground control in Microsoft Excel (.xls) format. 1. Quarter -foot (0.25') pixel resolution color digital orthophotography in Tiff format (.tif) ith a geo-referencing world header file (.tfw) delivered on CD I DVD. )7'I ] � S ]D rdV' nn r 0 �14f� n!( MERRICK® CUILOIN6 QUALITY 6OLYTION6 L.J • I� • Ll COCA Proposal to Provide City —'Nde Aerial Photos and Contours City of Newport Beach . Page 35 November 14,2005 c:MaMOngWew O%Te nical Appro O.ppc 2. One -foot (1.0') pixel resolution resamples of color digital orthophotography in Tiff format (.tif) with a geo- referencing world header file (.tfw) delivered on CD / DVD. Topograph Products 1. Two -foot (2.0') contours with annotation and indexing at 10' intervals in ESRI Geodatabase format delivered on CD / DVD. 2. Final enhanced surface (DTM) as line and point files compatible with ESRI software delivered on CD / DVD. 1. NGS data or reference sheets of any available and/or monumented ground control points. 2. ASCII file of any existing ground control points with attributes. 3. Shapefile / ArcInfo export file (.e00) / AutoCAD (.dwg) / MicroStation design file (.dgn) of the existing tiling index with attributes. 4. FDGC metadata template 5. Timely and thorough review, feedback, and acceptance of deliverable products. It is imperative on any project to develop quality control policies and procedures suitable for efficiently evaluating and ensuring the quality and integrity of the map products and digital databases. Merrick fully understands that the cost of ensuring quality at the onset is considerably less than the cost of rework. Poor quality work also bears opportunity cost in schedule impacts (rework vs. new work) and future references. But most of all, providing high quality data to our clients is just the right thing to do! Therefore, at Merrick, our goal is to ensure that all QC steps are in place at the:onset of the project and that the highest quality products are delivered the first time. Merrick takes full responsibility for the work of all subcontractors and for their adherence to this same policy. Since the company's inception in 1955, Merrick & Company has successfully completed literally thousands of architectural / engineering / surveying / GIS projects. With this extensive experience we recognize that it is not realistic to expect that every project will unfold exactly as planned. Issues may arise and problems may occur within the span of this contract. Although we do not anticipate problems on this project, we will adhere to a basic and cooperative plan should they occur. It is Merrick's policy, and firm commitment to: • Identify problems at an early stage • Engage in honest and open communication with Newport about problems • Resolve all problems in a professional, timely and courteous manner MERRICK° lUILOINO 6UYLRY 6OLUWCNN rt£w Yr � • C� 4 c Proposal to Provide „ , ^ City — Wide Aerial Photos and Contours City of Newport Beach Page 36 Merrick employs numerous QC checks throughout the entire mapping process. However, we place our greatest concentration on the initial pbotogrammetric processes — aerial photography, control (ALPS and ground GPS), and aerotriangulation, as these tasks form the basis of final product quality and accuracy. Once these processes have been completed, any additional errors that are introduced to the process tend to he random and not systematic in nature. We also place significant emphasis on the final processing of the digital imagery. Our goal is to provide seamless, tonally - balanced imagery that supports our clients' aesthetic requirements. One of the greatest challenges of producing digital orthophotography is defining, with quantifiable criteria, the acceptability of imagery. What looks good to one end user may not to another. Thus, review of sample imagery and the prototype project are critical facets to this project. Newport's challenge will be to achieve consensus with all users. Merrick has extensive experience working with multiple entities on projects such as Newport's. We will assist in guiding any discussions concerning the imagery during the prototype review meeting. The flight plan is prepared and checked by the project manager to ensure proper photo coverage, flight height, and overlap. A copy of the recommended flight plan is submitted to Newport for review and approval prior to the flight mission. The film is processed and edited to verify that maximum allowable tolerances for crab, tip, and tilt have not been exceeded, and that optimum overlap has been maintained. The film review is completed by both AFS and Merrick. The film is also reviewed by Merrick's digital orthophotography specialists for clarity, contrast, and potential anomalies. Merrick feels that the use of a subcontractor helps ensure quality products. Merrick has significant experience reviewing film/imagery products and believes this component critical to the overall quality of any produced imagery. As such, we are extremely thorough in our review and acceptance of imagery. RA- okTA Merrick has several procedures used throughout the LIDAR mission that assures the elevation data meets the predefined accuracy standards. The primary QA/QC steps are summarized below: Mission Plannina During the mission planning step, Merrick details the criteria of the project to make sure that the specifications can be easily met. Our QA/QC checklist and procedures are modified to meet the unique requirements of each project. Specific items that are checked during the mission planning are: • Datum verification • Obtain NGS reference information • Prepare safety plan • Input and verify flight line start/stop into Track'Air Navigation system • Input and verify altitude of each flight line November 14, 2005 o8131 m C:MaketinplNew orllTec niwlAppro oh.Coc *D MERRICK ❑❑❑ 01LOIN9 OUAUTV SOLUMNN 0 E L ,yGM'YI,, b • F Proposal to Provide City —tide Aerial Photos and Contours City of Newport Beach Page 37 ■ Inspect each flight line for potential flight line breaks In -flight Quality Inspection During the actual flight, the pilot and LIDAR Operator is in constant communication in the aircraft. Both are concentrating on flight navigation to assure that the appropriate area(s) are being mapped. Additionally, the in- flight operator is constantly monitoring satellite configuration, laser pulse output, and other system parameters. Merrick's two (2)- person, in -flight procedures are key components to acquiring high quality LIDAR data. GPS Planning In order to acquire accurate horizontal and vertical elevation data, the GPS portion of the project must be carefully planned and executed. To acquire elevation data that meets the required contour specifications, Merrick will need to have a minimum of six (b) available satellites and DOPS less than four (4). Previous experience has demonstrated that approximately 8 -10 hours of flight time are available per day. AGPS Base Station Placement and Number As previously mentioned, control would be achieved through the Airborne GPS (AGPS) and Inertial Measurement Unit (IMU) Position and Orientation (POS) technology. To complete this portion of the project, Merrick will provide base station support with two (2) receivers during aerial photography mission. Having two base stations operating during each LIDAR mission is a method to guarantee that the aircraft is no more than fifty (50) miles from a GPS base station. The additional receiver also provides redundant data in the unlikely event of a GPS equipment or satellite problem. GPS and IMU Field Inspection At the end of each flying mission, LIDAR, GPS and IMU data are inspected in the field. The primary items being inspected in the field are: ■ Area of coverage a Kinematic GPS results (A fully constrained network adjustment will be performed to check the accuracy of the base stations) ■ Inertial measurement results ■ Tie comparison between adjacent flight lines ■ x,y z location of all ground returns with associated time stamp are inspected If any of the above items are questionable, additional re- flights will occur during the next flying mission. Filter Testing Filtering "bare earth" is accomplished using both off -the -shelf and custom software. Prior to filtering large amounts of data, testing is complete on various ground cover areas within the project. Comparisons are then accomplished between known elevation points and the filtered data. This allows Merrick to customize our filters and compensate for unique areas such as: bare earth and low grass; high grass and crops; fully covered coniferous trees; fully covered deciduous trees; and, urban. The end result of this procedure is a better defined elevation model representing bare earth. November 14, 2005 [31113 B �:,�a��W,Te�����d� ao❑ MERRICK ❑❑❑ BUILDING DUALITY HOLUTIONa iN ✓Uy • • . Proposal to Provide City — Wide Aerial Photos and Contours City of Newport Beach Page 38 Control Check Point Comparison After the filtering is complete, Merrick analyzes and compares the LIDAR data with known elevations. We anticipate being able to use the project's extensive control database to accomplish this step. November 14, 2005 C:Menebng%NewpWkTe mw1 Appmac a. • All AGPS projects are flown with at least two (2) ground stations. All ground stations are set up at pre- determined, multi-path free locations. Multiple ground stations provide data redundancy, which allows processing from one ground station to the other. • During the flight, all ground stations are monitored. Any interruption in operation can be conveyed to the flight crew via radio. • In the aircraft, GPS lock is monitored on the Trimble survey controller. All end -turns are kept to a 20- degree bank or less to reduce the risk of losing initialization. • At the end of the day's mission, all data is copied onto laptops creating multiple copies. • Post processing is done with a 15- degree mask angle, using the best satellite configuration for that day. The final submitted post processed file is the combined product of forward and reverse processing. . e • e • Several GPS receivers, observing simultaneously, will be used in a "leap frog" approach to GPS observations. • All antenna heights will be measured in both meters and feet to guarantee and verify an accurate receiver setup. Survey data collected from the field by receivers will be checked daily by reviewing processed raw data and running loop closure checks. • Loop closure tests of the ground control GPS observations will be performed to validate the integrity of the data. Closures on the GPS network show the resulting precision ratio in parts per million (PPM). Results are shown for each day of observations and for the entire project. Coordinates are referenced to latitude and longitude, while height is an ellipsoid value. The total distance traveled along the traverse is displayed together with the accuracy in parts per million (PPM). Also, the mis- closure by the difference in X, Y and Z Cartesian coordinates (dx, dy, dz) is shown. Loop closures are done before any adjustment and before any constraint of the GPS network. The latitude and longitude coordinates and ellipsoid heights from loop closures are not to be used as final coordinates. • An error ellipse is used to show each point's expected horizontal coordinate standard error. The scale of the plots is shown by the bar ticks running through the ellipses and by the tag at the bottom of the page of the display indicating the bar scale tick value. The scale is the same for all pages of the displayed ellipses. The point name is shown at the lower left of each ellipse and the angle (measured counter - clockwise from the positive east bar scale) made by the major ellipse axis is shown at the lower right. The sigma scalar shows the ellipses in the 95% confidence region. MERRICK0 RUILOINO OUAUTT 6OLunoO • xrnyF • • Proposal to Provide City— Wide Aerial Photos and Contours City of Newport Beach Page 39 November 14. 2005 C:1maAeungiNewpoRlTecM1niwl Approacft.doc ■ The RMS results of the interior orientations are reviewed by the aerotriangulation technician for compliance with a set standard of <I0 microns. • Potential auto - correlation matching errors are automatically flagged by the software and resolved by the aerotriangulation technician. • The analytical technician will review the soft pugged scanned imagery to verify not less than one (1) tie point per stereo model is common to the adjacent flight line, and that each stereo model contains not less than six (6) pass points. • During point mensuration on the softcopy analytical stereoplotters, independent model solutions are computed, and refined photo coordinates are checked to ensure that no point exceeds 10 microns of error. • During the mensuration process, the analytical technician will check for presence of gross errors, and take preventive measures during the intermediate adjustment procedures. Ground control checkpoints are used to verify the ground control survey and aerotriangulation. After the accuracy has been verified, the checkpoints will then be included in the final aerotriangulation and in all subsequent stereo model setups. • The aerotriangulation technician thoroughly reviews the residual and RMS results of the AGPS, ground control and terrain (matched) points from initial and final adjustments to ensure that the final results will support the accuracy requirements of the project. ■ The final bundle adjustment is reviewed by the aerotriangulation technician, discipline lead, project manager, and a Certified Photogrammetrist (CP). ■ An Aerotriangulation Report is generated, reviewed, and signed by the discipline lead, project manager, and a Certified Photogrammetrist. IsIMMEeNIF .. e • Aerial negatives are thoroughly reviewed by our digital imaging discipline lead for clarity, contrast, shadow detail, sun spots, and scratches. • White lintless cotton gloves are worn by technicians when film negatives are being reviewed and the table is thoroughly cleaned. • The DEM is evaluated using various isometric views to check for any "spikes." • DEM data are merged for a given block and the elevation data is graphically displayed relative to the project boundary to ensure that all areas will be correctly rectified. • Ortho technicians validate that the DEM blocks overlap to ensure that there are no data gaps between blocks of imagery. • Ortho technicians review the location of seam lines and manually modify them to avoid height objects and to place them in monotone areas (through open field, along road centerlines, etc.). MERRICK0 UUMOINO OUAUTY NOWTIMS Ea • roposal to Provide City — Wide Aerial Photos and Contours City of Newport Beach Page 40 November 14, 2005 C:Wn et MNewpor6Tec niml ApprmaM1 c ■ Ortho Technicians review the block -wide image characteristics and modifies a histogram as necessary to adjust the overall tonal balance. • Tonal balancing on a project -wide basis is reviewed to ensure consistent imagery and to specifically identify any breaks or processing failures. • A final visual inspection of each tile is completed for aesthetics and anomalies (dust, lint, scratches, smears, building and bridge lean, etc.) • Visible control points are measured on the final orthophotos and are compared against the values of the survey control coordinates. An RMSE is calculated for all measured control points and compared against the accuracy standards for the project. MERRICK0 CUILOINO O ALMY SOLU"MWIS • • • �r