HomeMy WebLinkAbout2000-010ORDINANCE NO a�42
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT FOR PLANNING SERVICES BY AND
BETWEEN THE CITY AND DENTON COUNTY ELECTRIC COOPERATIVE, INC DB/A
COSERV ELECTRIC FOR AERIAL PHOTOGRAPHY SERVICES, AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Utility Department staff has informed the City Council that the City
needs to obtain aerial photography services, to provide staff with digital imagery at a resolution
that can be utilized for environmentally sensitive area mapping and identification, to provide
topographical layers for the City's GIS system, to provide an update of existing coverage, to
facilitate impervious area calculations, and to provide watershed protection streamside buffer
identification, and
WHEREAS, the City Utility Department staff have been working with staff at Denton
County (the "County"), the Denton Central Appraisal District (the "DCAD"), and CoSery
Electric ("CoServ") in order to coordinate efforts regarding this aerial photography project, in
order to obtain cost-effective aerial photography services to be shared by the three governmental
entities, in order to achieve economies of scale CoSery desires to have state-of-the-art aerial
photography of Denton County, and CoSery has issued an RFQ, and has recently selected
"MARKHURD" as the qualified vendor/supplier for this project, and in connection therewith,
CoSery has proposed entering into separate agreements with the City, the County, and the
DCAD to split the cost of the project, pro-rata, in an equitable manner, amongst the three
governmental entities and CoServ, and
WHEREAS, limited City staff, as well as the lack of specialized equipment and other
resources necessary for the project, make it impractical and make it less cost-effective for City
staff to complete the project on its own, with existing staff and resources, and
WHEREAS, the City Council deems it in the public interest to enter into an Agreement
For Planning Services with CoSery to obtain the above referenced aerial photography services,
which services are characterized as "planning services," exempted from the requirements of the
state competitive bidding statute under the provisions of Section 252 022(a)(4) and Section
252 001(5) of the Texas Local Government Code, NOW, THEREFORE
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the City Manager is hereby authorized to enter into an Agreement for
Planning Services with CoServ, substantially in the form of the Agreement attached hereto and
made a part of this ordinance for all purposes, for the purpose of acquiring planning services to
assist the City Utilities Department
SECTION 2 That the City Manager is hereby authorized to make the expenditures as
required in the attached Agreement for Planning Services
SECTION 3 That the City Council has found and determined that the meeting at which
this ordinance is considered is open to the public and that notice thereof was given in accordance
with provisions of the Texas open meetings law, Texas Government Code, Chapter 551, as
amended, and that a quorum of the City Council was present
SECTION 4 That this ordinance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED this the W#
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
By
S \Our Documents\0rdtnmces\99\CoSery Aerial Photo Agrmt Ord doe
—day of , 2000
JACK,!IYLER, MAYOR
Page 2
STATE OF TEXAS
COUNTY OF DENTON
AGREEMENT FOR PLANNING SERVICES
BY AND BETWEEN THE CITY OF DENTON, TEXAS AND THE DENTON COUNTY
ELECTRIC COOPERATIVE, INC., DB/A COSERV ELECTRIC
FOR AERIAL PHOTOGRAPHY SERVICES
THIS AGREEMENT is entered into by and between the CITY OF DENTON, TEXAS, a Texas
Municipal Corporation (hereinafter the "CITY"), and the DENTON COUNTY ELECTRIC
COOPERATIVE, INC d/b/a COSERV ELECTRIC, a Texas Electric Cooperative Corporation
(hereinafter "COSERV") The purpose of this Agreement is to provide for the purchase by CITY of
digital orthophotographic imagery (hereinafter "orthophotos") in CD-ROM form from COSERV For
such purposes, and for good and valuable consideration, the CITY and COSERV do hereby AGREE as
follows
1 COSERV shall provide the orthophotos to the CITY in CD-ROM form according to
the technical specifications set forth in the contract between COSERV and
MARKHURD, a copy of which Professional Services Agreement (the "PSA") is
attached hereto as Exhibit "A," which is incorporated herewith by reference for all
purposes pertinent
2 In consideration of COSERV providing the orthophotos to the CITY, and
performing the services described in Exhibit "A", CITY will pay to COSERV the
sum of THIRTY-FOUR THOUSAND ONE HUNDRED FIFTY FIVE DOLLARS
AND FIFTY CENTS ($34,155 50) Payment will be due to COSERV within ten
(10) business days following the approval of this Agreement by the Denton City
Council
3 Delivery of the orthophotos by COSERV to CITY shall be on or before September
15, 2000 The failure of COSERV to timely deliver the orthophotos shall constitute
1
"cause" for purposes of termination of this Agreement by the CITY In the event the
CITY provides COSERV written notice of termination of this Agreement as
provided below, COSERV shall within five (5) business days of receipt of the notice
of termination repay and refund to the CITY the entire consideration paid hereunder
by the CITY In the event that delay in delivery is by force maleure, or is due to
causes not within the control of COSERV, the CITY may, but is not required to,
waive such delay in whole or in part No such waiver shall be effective unless it is
until a date certain stated in a written waiver signed by an authorized representative
of the CITY
4 Upon CITY's receipt of the orthophotos, the CITY shall have seven (7) business
days ("the testing period") to review the orthophotos for defects, errors or deviations
from the standards set forth in Exhibit 'B" attached hereto, which Exhibit is entitled
"United States National Map Accuracy Standards," and which Exhibit is
incorporated herewith by reference for all purposes pertinent If defects, errors, or
deviations are detected, the CITY shall immediately provide COSERV with written
notice of CITY's reasonable objections Upon COSERV's receipt of the CITY's
objections, COSERV shall have a reasonable amount of time to cure said objections
In the event that COSERV fails to cure said objections within said time, the CITY
may terminate this Agreement by providing written notice of such termination as
provided below, and COSERV shall within five (5) business days of receipt of the
notice of termination repay and refund to CITY the entire consideration paid
hereunder by CITY
5 The CITY acknowledges that the orthophotos will be copyrighted by COSERV
and shall not be reproduced for use by others, sold or distributed to a third party
without the express written permission of COSERV CITY shall take reasonable
steps to protect the confidentiality of the orthophotos, including specifically
notifying its employees that the orthophotos are copyrighted and shall not be copied,
transferred electronically or removed from the CITY offices ("Infringement") The
CITY shall notify COSERV immediately upon its discovery of any occurrence of
2
Infringement COSERV recognizes that CITY's multiple copying of the CD-ROMS
containing the orthophotos for its internal purposes shall not constitute an
Infringement under the terms of this Agreement All copies made by the CITY shall
include all copyright notices and other proprietary notices contained in the original
COSERV acknowledges that the CITY is subject to the provisions of the Texas
Public Information Act (TEX GOVT CODE Chapter 552), and the CITY's release
of information in accordance with such Act shall not be considered to be a breach of
this Agreement COSERV further acknowledges that the CITY intends to produce
from the orthophotos hard -copy aenal photographic maps in one or more forms that
will be available to the public COSERV acknowledges and agrees that the use, sale
or distribution of such hard -copy maps shall not be deemed to be a violation of any
copyright law or any
confidentiality provision contained
herein, and that
such
Agreement extends to
all third -party purchasers or users of hard -copy
maps
produced from the said orthophotos
6 Unless otherwise specified herein, COSERV shall deliver the orthophotos to the
CITY, without charge for delivery, by such safe and secure means, as COSERV
shall reasonably select If the orthophotos are damaged or lost during delivery,
COSERV shall promptly replace them at no cost Installation of the orthophotos is
the sole responsibility of the CITY unless otherwise specified herein
7 COSERV shall pass -through to the CITY all warranties that COSERV has
received under its contract with "MARKHURD," its vendor/supplier, relating to the
orthophotos and any maps produced therefrom COSERV hereby warrants to the
CITY that all work performed under this Agreement shall be performed in a good,
workmanlike, and professional manner, and with a level of skill, care, knowledge
and judgment required or reasonably expected of persons performing similar
services COSERV further warrants to the CITY that the CD-ROMs containing the
orthophotos are designed to be used prior to, during, and after the year 2000 A D ,
and that they will operate without error relating to date data, specifically including
any error relating to, or the product of, date data which represents or references
3
different centuries or more than one century
8 To the fullest extent permitted by law (a) COSERV's maximum liability to the
CITY shall not exceed the total consideration paid by the CITY under this
Agreement, and (b) COSERV shall not be liable to CITY for special, incidental,
consequential, punitive, or multiple damages resulting in any way from the
performance or non-performance of this Agreement, whether as a result of breach of
contract, tort, or statutory, including, but not limited to, loss of profits
9 COSERV further represents and warrants that the orthophotos do not and will not
infringe on any patent, copyright, trademark, service mark, or other intellectual
property right of any third party or parties, whether so provided by federal, state, or
by common law In the event that such an infringement occurs, COSERV shall
defend, indemnify and hold the CITY harmless from any liabilities, losses costs,
penalties, fines, interest, actions, claims, demands, suits or judgments, including
reasonable attorney's fees and costs, and including without limitation, any losses
resulting from any injunctive relief preventing the use of the said orthophotos The
representations and warranties contained in this paragraph 9 shall not be limited by
the damage cap or other limitations expressed and set forth in paragraph 8
heremabove
10 The contract price stated herein presumes that, within a reasonable time before or
after the execution of this contract, COSERV will enter into similar contracts with
the DENTON CENTRAL APPRAISAL DISTRICT ("DCAD") and DENTON
COUNTY, TEXAS ("COUNTY") However, the failure of either the DCAD or the
COUNTY to enter into such agreements shall not affect the validity of this
Agreement In the event that any other governmental entities execute agreements of
a similar nature with COSERV for orthophotography or orthophotographic software
or services pertaining to Denton County, Texas in whole or in part, before or within
two (2) years after delivery of the orthophotos to the CITY, COSERV will
immediately give written notice to the CITY of the existence and terms of such
agreement Further, COSERV shall rebate to the CITY a portion of the contract
n
price of such third party or parties' contract within thirty (30) days of its receipt of
funds from any such entity The portion to be rebated shall be a percentage share
equal to the percentage share that CITY by this Agreement is paying to COSERV as
compared with the contractual cost to COSERV of obtaining the orthophotos from
its vendor/supplier, MARKHURD Barring any unforeseen changes, that percentage
is presumed to be twenty-five (25%) percent If the DCAD and/or the COUNTY
does not execute an agreement as anticipated, such percentage shall be presumed to
be thirty-three and one/third (33 1/3 %)
11 Any disputes ansmg under this Agreement that are not settled by agreement of the
parties hereto, shall be governed by the laws of the State of Texas The parties
stipulate that exclusive venue and jurisdiction shall lie in the state district courts of
Denton County, Texas In the event that any actions are brought to enforce this
Agreement, the prevailing party shall recover its costs of suit, including reasonable
attorney's fees, from the other party
12 All notices and correspondence relating to this Agreement provided by one party to
the other shall be in writing and shall be delivered be depositing same in the United
States Mail, postage prepaid, by certified or registered mail, return receipt requested,
or by delivering same in person to the person to be notified as follows
If to CITY Howard Martin
Assistant City Manager for Utilities
City of Denton, Texas
215 East McKinney
Denton, Texas 76201
If to COSERV Denzil McGill
GIS Director
CoSery Electric
7701 South Stemmons Frwy
Corinth, Texas 75065
13 COSERV shall provide one (1) copy of the orthophotos to the CITY on one (1) or
more CD-ROMs in a format described in Exhibit "A" hereto In the event that the
E
orthophotos are enhanced, or errors and/or defects are discovered and corrected
during the two (2) year period immediately following delivery, COSERV shall
provide new copies of the enhanced or corrected orthophotos without cost In the
event that, because of damage, degradation, loss, or destruction the copy furnished to
the CITY becomes unusable for CITY's purposes, COSERV shall promptly furnish a
replacement copy to CITY at its actual cost for producing it
14 This Agreement may be terminated for cause by either party upon fourteen (14) days
written notice
15 Neither party to this Agreement may assign this Agreement, or any interest herein, to
any third party, without the prior consent of the other party
16 The invalidity in whole or part of any provision herein shall not void or affect the
validity of any other provision of this Agreement
17 This Agreement, together with any attachments or exhibits, constitutes the entire
contract between the parties and supercedes any prior understanding or agreement,
whether verbal or in writing No modification, deletion or addition to this
Agreement shall be effective unless reduced to writing and approved and signed by
duly-authonzed representatives and officers of both parties hereto
18 This Agreement is effective when approved, signed, and delivered by both parties
hereto
19 No waiver by either party of any default by the other party in the performance of any
part of this Agreement shall invalidate any other part of the Agreement, nor shall any
such waiver operate as a waiver of any future default, whether similar or different
No waiver shall be effective unless in writing and signed by the waiving party
20 Nothing contained herein is intended for the benefit of any third party, and no
benefit shall inure to the benefit of any such party
21 This Agreement is executed in two (2) original counterparts by the respective duly -
authorized and empowered officials and officers of the CITY and COSERV on this
the day of 2000
3
CITY OF DENTON, TEXAS
A TEXAS MUNICIPAL CORPORATION
m
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
By J.Y..htYA
DENTON COUNTY ELECTRIC
COOPERATIVE, INC DB/A COSERV
ELECTRIC, A TEXAS ELECTRIC
COOPERATIVE CORPORATION
By /%� 49 l �
.seno/v ' ✓P� ER�tJcy �! �icct
ATTEST
0
3
APPROVED AS TO LEGAL FORM
a
S \Our Documents\Contracts\99\17oSery Electnc Agent re Shared Aerial Photography doc
EXHIBIT "A"
PROFESSIONAL SERVICES AGREEDH NT
PROJECT NAME DENTON COUNTY ORTHOPHOTOGRAPHY
MARKHURD Project Number: 4991210
(The Project is more fully described in folloiAng pages attached hereto )
This Agreement is by and between
CoSery
7701 South Stemmons
Corinth, TX 75065
(hereafter "Client")
and,
MARKHURD (hereafter "MARKHURD")
13400 68th Avenue North
Minneapolis, MN 55311-3515
Who agree as follows
Client hereby engages MARKHURD to perform the services described in Part I
("Services") and MARKHURD agrees to perform the services for the compensation set
forth in Part III MARKHURD shall be authorized to commence the services upon
execution of tlus Agreement and receipt of authorization to proceed from Client Client
and MARKHURD agree that this signature page, together with Parts I -IV and
attachments referred to therein, constitute the entire agreement between them relating to
the Project ("Agreement")
APPROVED FOR CLIENT
Title
Date
By
Title
Date
1
copyn& 1997, by bLkMURD
PART
INIARKHURD'S RESPONSIBILITIES
A.- SCOPE
Project Area
Our understanding of the Project area is Denton County, Texas in its entirety A 133 square mile
area around the City of Denton is mapped with higher resolution and accuracy
Aerial Photography
MAPXC U will acquire new vertical color aerial photography covering the above mentioned
Project area Photography will be exposed with a precision 6" focal length mapping camera at a
negative scale of 1"=2500' for the entire County Consecutive photographs in each flight line
shall have an average forward overlap of 60 percent Sidelap between adjacent parallel flight
lines shall have an average 30 percent
In addition to the mapping photo coverage described above, MARKHURD vv ill also obtain larger
scale color photography of the City of Denton area This photography will cover the area
indicated on the attached Project area map at a negative scale of 1"=1667' Color digital
orthophotography will be produced from this imagery
Important Note
Under haze conditions, color imagery becomes more difficult to obtain the lugber the flight
height MARKHI.TRD does not recommend color photography at photo scales higher than
1"=1667' (flight height >10,000' above ground level) The higher the flight, the more light
scatter in the atmosphere resulting in blue imagery We can adjust to haze conditions for black &
white photography by using a yellow filter on the camera lens and with different paper in the
photo lab These mitigation methods are not available for color
Geodetic Control
MARKHURD will establish all horizontal and vertical control necessary to perform the mapping
services described herein using airborne GPS techniques Horizontal control will be based on the
Texas NAD 83 state plane coordinate system Vertical control will be based on mean sea level
A minimum, of six (6) ground control points will be established on photo identifiable positions
for quality control purposes Permanent monuments will NOT be established
Analytical Aerotriangulation
Upon completing the control survey task, MARKHURD will prepare a fully analytical
aerotnangulatioa solution to establish supplemental control for orienting individual
photogrammetne stereo -model's covering the subject Project All field control locations and pass
points will be measured on a set of scanned film diapositives using our Intergraph Z-III softcopy
stereoplotter The results vvzll be processed using'.v1ATCH AT Aerotriangulation software
2 Copynahf 1997, by ALARKi4DRD
Digital Elevation Model
Once the analytical triangulation is complete, MARKHURD personnel will compile a digital
elevation model (DEM) which will consist of a series of masspoints (x,y,z) and limited breakline
files across the entire Project area This data will be processed into a TL' file for use with our
ortho rectification software
5' Contour Option
It will be possible to capture enough mass points and break lines to provide 5' contours for the
City of Denton area from the 1"=1667' photography Since photography, control and
aerotnangulation is necessary for the ortho rectification process anyway, any area within Denton
can be contoured and priced on a area by area basis, at any future date, if desired
Digital Orthopbotography
It is MARI{HURD's experience that starting with consistent quality imagery is one of the most
important procedures that can take place towards eliminating problems that could occur during
the various digital ortho production phases As such, NIARKH RD will begin the
orthophotography production with an intensive analysis of the aerial film negatives Quality
checks will be performed so as to insure that any problems areas are identified and prior to
producing a set of diapositives for scanning MARXHURD will work closely with the Client
during this initial process so as to clarify the specific needs and expectations of the digital ortho
product
A separate set of film diapositives vnll be produced and used as input to the scanning process In
order to produce the highest quality digital ortho product, these diapositives will not be handled
or used in any other production process prior to scanning
Image Capture
MARKI-NRD will utilize a Zeiss PHODIS Image Scanning System to capture the analog aerial
image in raw digital format The Zeiss PHODIS has exceptional geometric accuracy as well as
many other significant features essential in creating high quaLty imagery
The film diapositives mentioned above will be scanned at a resolution of 14 nucrons
(approximately 2000 dots per inch) which will yield the 2' and 1' ground resolutions for 2500'
scale and 1667' scale photography respectively Since the delivery format is MrSID and this is a
seamless format, the data will not be broken into tiles
Final Edit
To ensure that all data is correctly formatted and geo-referenced, the files will be interactively
examined on a high speed )vorkstation by a digital ortho specialist This will be in addition to
the numerous computenzedchecks performed by M-ARKHURD's p:opnetary and ISM software
DELIVERABLES
Items to be delivered under this proposal are
➢ Color Digital orthophotography will be delivered on CD-ROM in MrSID format
➢ Digital Elevation Model (not suitable for contours) in format lobe defWCd,
Cop)n1h11997, by AL{R NZ7D
A. p2OJECSCHEDULE
MARKHURD has the resources to meet the most dema_*idmg of schedules Nonetheless, the
time required to deliver the items described in Part I B above are subject to being influenced b)
numerous factors (i e weather, Client schedules/budgets, scenario selected, etc ) some or all of
which may be beyond MARKHURD's control Therefore, we propose to develop and famish a
mutually agreeable Project schedule, after an agreement between our organizations (regarding the
final scope of services to be provided) has been reached
Milestones and a9proximate time frame and completion date based on Feb 15 start
Aerial Photography and Airborne GPS sun eys (weather dependent) 1 week (Feb 15)
Ground Control Surveys (concurrent with air photo mission) I week (Feb 15)
Photo lab processing/film check and label/contact pnnts/diapositives 3 weeks (March 7)
Diapositive Scanning 3 weeks (March 31)
Analytical Aerotnangulation (AT) 6 w eeks (May 15)
Digital EleF ation Model Compilation (begin Denton 3 weeks into AT) 8 weeks (July 15)
Digital Orthophoto Processing and Delivery (begin 2 weeks into DEM) 8 weeks (Sept 15)
&- AVAR ACCURACY
Final mapping documents delivered pursuant to this Proposal, where applicable, shall comply
with the standards of acci racy as stated in the United States National Map Accuracy Standards
A copy of said standards are included in Attachment A contained herein The Accuracy
specified in the RFP Scenarios defines the designed flying height Scan resolutions of 14
microns are required for our softcopy aerotnangulationinethodology
.C. FUTURE UPDATES
A major advantage of digital ortho imagery is the ability to seamlessly update on an as need
basis Where ever the County defines areas of change, a photo mission can be designed to
capture only those areas These small areas are controlled from the previous project imagery and
ortho rectified to an updated DEM The imagery is then simply patched into the existing files
It will be possible to der elop 5' contours anywhere in the Cary of Denton area Nvithout hav ng to
add control or re -flights except in areas of change
P ASS TIb/PTIONS/GONDII2=0NS
This Proposal is subject to the following assumptions 'conditions
MARKSURD's cost estimate, is in part based on the assumption that the Project Area as
00pnl?QO he101n, 15 accurate This is your notice that our cost estimate is a firm figure only
when this assumption is valid Therefore, it is the Che6U responsibility to review the Project
Area for exactness (outlined on the document mentioned in Part I A "Project Area") and notify
4 Copyright 7997, by bLAXW EIRD
MARKHURD of any changes prior to the execution of an agreement between our organizations
E. %2EPRF.;ENTATIVE
John F Bloodgood, P L S , Vice President, and Bob Seaberg, P L S , Project Manager, will
represent MARKHURD during the performance of the services to be provided under this
proposal Each has the authority to transrrut and receive instructions, and make decisions with
respect to the services Mr Seaberg is authorized to commit the necessary resources towards
completing the services described herein
5 Copynyhi 1997, by M&RMURD
PART II
CLIENT'S RESPONSIBILITIES
Client, at its expense, shall do the following in a timely manner so as not to delay the services to
be performed by MARKHURD
F. INVFORMATIONIREPORT,�
None identified at this tune
G RU-RESENTATIVE
Designate a representative for the Project ,rho shall have the authority to transmit instructions,
receive information, interpret and define Client's policies and make decisions with respect to the
services
H 0CISIONS
Provide all criteria and full information as to Chent requirements for the Project, obtain (with
MARKHURD's assistance, if applicable) necessary approvals and permits, attend Project related
meetings, provide interim reviews on an agreed -upon schedule, make decisions on Project
alternatives, and generally participate in the Project to the extent necessary to allot.
v1ARKHURD to perform the services
L INS PECTIONQF MAPPING DOCUMENTS AND NOTICE tE NON-
CONFORMANCE
Upon delivery, the Client shall promptly inspect all mapping documents furnished by
MARK;E M
Prompt,written notice shall be given by the Client to MARKHURD if the Client becomes aware
that the services do not conform to the standards sated in this proposal To allo« MARKHURD
the opportunity to cure any non-conformance, notice shall be given w itnin seven calendar days of
discovery
6 Copynyht 1997, by blARINM
COMTENSATION, BILLLNG, AND PAYMENT
All of the following costs are based on performance of the entire project under one contract Per square mile
costs are valid only if every square mile is ordered and delivered under the same contract Unit price per
square mile based on 956 square miles The following pricing is contingent on City of Denton participation
Client shall reimburse MARKHURD for the services in accordance with the following
J FEESCHEDULE
Our charge for the services descnbed in PART I shall follow the fee schedule outlined below
Scenario #4
Color
Task
City
County
Photo Scale
1"=1667'
1"=2500'
Flying Height
10,000'
15,000'
Scan Resolution
14 microns
14 microns
Ground Pixel
1'
2'
Map Scale
1"=200'
1"=400'
Accuracy
+/- 5' or better
y/- 10' or better
Average Cost Per Sq.
Mi
$142 91
Cost Per Sq A11 based
on numbers of pbotos
S339
Sill
TOTAL COST
S136,622
A FEE SCHEDULE
Should the City elect not to participate, the follow ing pricing will apply
Scenario 94
Color
Task
City
County
Photo Scale
N/A
1"=2500'
Flying Height
N/A
15,000'
Scan Resolution
N/A
14 microns
Ground Pixel
NIA
12'
Map Scale _
NIA
1 "=400'
Accuracy
N/A
+/- 10' or better
Cost Per Sq Mi.
5112.11
TOTAL COST
S107,,179
A PAMENl TERffS dM C'OND1T1ONS
Fees, as stated, shall remain in effect until December 31, 1999 if acceptance occurs after this date, we
reserve the right to revise our fee and resubmit this proposal (in whole or in pa t) based on the present
conditions
MARKiiM will at a minimum, submit monthly invoices for the peicentege of the work completed dunng
the billing period Terms of payment will be net dac 30 days from the date of invoice, and will be subject to r
1 5% service charge on the balance each month thereafter
Unless Client provides MARKHURD with a «mitten statement of any objections to the invoice within 15
calendar days from toe date of invoice, Client shall be deemed to accept the invoice as submitted
bet not hmYed to LvfARKi(URns negL'ena, Iron ci otwnoth sto
the total
under Out Apeetnent, or (b) to
LebtLry or breech of eonveet shell not exceeJ other
aattrcensa'wn rece'"d by hfAAK)iVRn et no cast to
per<orruree of the dafeeoxe emtces by b1GRKRUAn ('apyn;tit 1997, by bL4RRNt+�
ATTACMIENT "A"
United States National Map Accuracy Standards
With the view to the utmost economy and expedition in producing map, which fulfill not only the broad needs fo-
standard or principal maps, but also the reasonable particular needs of individual agencies, standards of accuracy for
published maps are defined as follows
Horizontal accuracy For maps on pubLcaton scales larger than 120,000, not more than 10 percent of
the points tested shall be in error by more than 1/30 inch, measured on the publication scale, for maps on
publication scales of 1 20,000 or smaller, 1/50 inch These hrruts of accuracy shall apply in all cases ,o
positions of well defined points only "Well defined" points are those that are easily visible or recoverable
on the ground, such as the following monuments or markers, such as bench marks, property boundary
monuments, intersections of roads, railroads, etc , comers of large buildings or structures (01 center points
of small buildings), etc In general what is "well defined" will also be determined by what is plonable on
the scale of the map within 1/100 inch Thus while the intersection of two road or property Imes meeting at
right angles, would come "thin a sensible interpretation, idenuCcation of the mtersecnon of such lines
meeting at an acute angle would obviously not be practicable withn 1/100 inch Similarly, features not
identifiable upon the ground within close limits are not to be considered as test points within the luruts
quoted, even though their positions may be scaled cloacly upon the map In this class would come timber
Imes, soil boundaries, etc
� ertical accuracy, as applied to contour maps on all publication scales, shall be such that not more than
10 percent of the eleiations tested shall be in error more than one half the contour intenal In checking
elevations taken from the map, the apparent vertical erro- may be decreased by assuming a horizontal
displacement withm the permissible horizontal error for a rrap of that scale
The accuracy of any map may be tested by comparing the positions of points whose locations or elevations
are shown upon it with corresponding positions as determined by surveys of a higher accuracy Tests shall
be made by the producing agency, which shall also deterriune wh.cb of its maps are to be tested, and the
extent of such testing
Published maps meeting these accuracy requiremen s shall no,e tors fact in their legend,, as foLows "This
map complies with national map accuracy standards"
Published maps whose errors exceed those aforestated shall omit from their legenes all mention of standard
accuracy
When a published map is a considerable enlargement of a map drawing (manuscript) or of a published
map, that fact shall be stated in the legend For example, 'This map is an enlargement of a 1 20,000 scale
map drawing", or "Th-s map is an enlargement of a 124,000 scale published map"
To facilitate ready interchange and use of basic information for map construction among all Federal map -
making agencies, manuscript maps and published maps, wherever economically feasible and consistent
with the uses to which the map is to be put, shall conform to latitude and longitude boundaries, being 15
minutes of latitude and longitude, or 7 5 minutes, or 3 314 minutes in size
As Published by the United States Office of Management and Budge,
10 Capyngh, 1997, by sL4AWV D
EXMBIT "B"
United States \ational Dlap Accuracy Standards
With the view to the utmost economy and expedition in producing maps which fulfill not only the broad needs for
standard or principal maps, but also the reasonable particular needs of individual agencies, standards of accuracy for
published maps are defined as follows
Horizontal accuracy For maps on publication scales larger than 1 20,000, not more than 10 percent of
the points tested shall be in error by more than 1/30 inch, measured on the publication scale, for maps on
publication scales of 120,000 or smaller, 1/30 inch These limits of accuracy shall apply in all cases to
Positions of well defined points only "Well defined" points are those that are easily visible or recoverable
on the ground, such as the following monuments or markers, such as bench marks, property boundary
monuments, intersections of roads, railroads, etc ,comers of large buildings or structures (or center points
of small buildings), etc In general what is "well defined" will also be determined by wbat is plortable on
the scale of the map within 1/100 inch Thus while the intersection of two road or property Lines meeting at
tight angles, would come within a sensible interpretation, identification of the intersection of such lines
meeting at an acute angle would obviously not be practicable witain 1/100 inch Sunilarly, features not
identifiable upon the ground within close 1uni4 are not to be considered as tcst points within me luiut>
quoted, even though their positions ma) be scaled closely upon the map In tni5 cla,s would come timber
Imes, soil boundaries, etc
2 Vertical accuracy, as applied to contour maps on all pubhcaoon scales, shall be such that not more than
10 percent of the elevations tested shall be in error more than one-half the contour interval In checking
elevations taken from the map, the apparent �erical error may be decreased by a,suming a horizontal
displacement within the permissible horizontal error for a map of that scale
3 The accuracy of any map may be tested by comparing the positions of points wnose locations or elevations
are shown upon it with corresponding positions as determined by surveys of a higher accuracy Tests shall
be made by the producing agency, which shall also deterinine which of its maps are to be tested, and the
extent of such testing
4 Published maps meeting these accuracy requrremens shall not., tors fact in their legends, as follows ' This
map complies with national map accuracy standards
S Published maps whose errors exceed those aforestated shall omut from then legends all mention of standard
accuracy
6 When a published map is a considerable enlargement of a map drawing (manuscript) or of a published
map, that fact shall be stated in the legend For example, "Ths map is an enlargement of a 120,000 scale
map drawing", or "This map is an enlargement of a 1 24,000 scale published map"
7 To facilitate ready interchange and use of basic information for map construction among all Federal map -
making agencies, manuscript maps and published maps, wherever economically feasible and consistent
with the uses to which the map is to be put, shall conform to latitude and longitude boundaries, being 15
minutes of latitude and longitude, or 7 5 minutes, or 3 3/4 minutes in sue
As published by the United States Office of Management and Budget
Cayy & 1997, by bL4RWVPD