2000-010 O,miN CE NO
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 COOPERATWE, INC D/B/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 Cotmcll that the City
needs to obtmn aerial photography services, to provide staff with digital imagery at a resolution
that can be utilized for environmentally sensmve area mapping and idennficatlon, to provide
topograpbacal layers for the City's GIS system, to provide an update of existing coverage, to
facthtate lmperwous area calculations, and to provide watershed protection streammde 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 CoServ
Electric ("CoServ") m order to coordinate efforts regarding this aerial photography project, in
order to obtmn cost-effective aerial photography services to be shared by the three governmental
entities, m order to acNeve economies of scale CoServ desires to have state-of-the-art aerial
photography of Denton County, and CoServ has issued an RFQ, and has recently selected
"MARKI4URD" as the qualified vandor/suppher for this project, and in connection therewith,
CoServ has proposed entenng into separate agreements with the City, the County, and the
DCAD to spht 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 Courlcll deems it an the public interest to enter ~nto an Agreement
For Planmng Services w~th CoServ to obtain the above referenced aerial photography services,
which services are characterized as "planning services," exempted from the requirements of the
state competmve baddmg 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 1 That the City Manager is hereby authorized to enter ~nto an Agreement for
Plannmg Serwces with CoServ, substantially ~n the form of the Agreement attached hereto and
made a part of this ordinance for all purposes, for the purpose of acqmnng planning services to
assist the City Utflmes Department
SI~CTION 2 That the C~ty Manager m hereby authorized to make the expenditures as
required in the attached Agreement for Planmng Services
SECTION 3 That the Cxty Council has found and determined that the meeting at which
ttus ordinance is considered ~s open to the public and that notme thereof was g~ven 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 th~s ordinance shall become effective ~mmedlately upon tts passage
and approval
PASSED AND APPROVED this the /./~__.~t day of ~~ ,2000
JAC~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By (~/~j~-t ~ ~
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
S \Our Docum~nts\OrflmancesX99~CoServ Aerial Pholo Agrmt Ord doc
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., D/B/A COSERV ELECTRIC
FOR AERIAL PHOTOGRAPHY SERVICES
THIS AGREEMENT is entered into by and between the CITY OF DENTON, TEXAS, a Texas
Mumcipal Corporation (hereinafter the "CITY"), and the DENTON COUNTY ELECTRIC
COOPERATIVE, INC d/b/a COSERV ELECTRIC, a Texas Electric Cooperative Co,potation
(hereinafter "COSERV") The purpose of this Agreement is to provide for the purchase by CITY of
digital orthophotograpluc imagery (hereinafter "orthophotos") in CD-ROM form fi.om COSERV For
such purposes, and for good and valuable consideration, the CITY and COSERV do hereby AGREE as
follows
1 COSERV shall prowde the orthophotos to the CITY in CD-ROM form according to
the techmcal specifications set forth in the contract between COSERV and
MARKHURD, a copy of wbach Professional Services Agreement (the "PSA") is
attached hereto as Exhibit "A," which ~s incorporated herewith by reference for all
purposes pertment
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 w~th~n ten
(10) business days following the approval of this Agreement by the Denton City
Council
3 Dehvery 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
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"cause" for purposes of tenmnatton ofthts Agreement by the CITY In the event the
CITY provtdes COSERV written notice of terminatton of this Agreement as
provtded below, COSERV shall wtthln five (5) bustness days of recetpt of the nottce
of termination repay and refund to the CITY the entire constderatton paid hereunder
by the CITY In the event that delay tn dehvery ts by force maleure, or ts due to
causes not within the control of COSERV, the CITY may, but ts not reqmred to,
wmve such delay m whole or in part No such waiver shall be effecttve unless tt ts
unttl a date certain stated m a written wmver s~gned 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 revtew the orthophotos for defects, errors or devtattons
from the standards set forth in Exhibit "B" attached hereto, whtch Extubtt ts entttled
"United States National Map Accuracy Standards," and which Exhtblt ~s
tncorporated herewith by reference for all purposes pertinent If defects, errors, or
dewations are detected, the CITY shall lmmedtately provtde COSERV with written
notme of CITY's reasonable objections Upon COSERV's receipt of the CITY's
objecttons, COSERV shall have a reasonable amount of ttme to cure said objections
In the event that COSERV falls to cure said objections wtth~n said trine, the CITY
may terminate ttus Agreement by provldtng written nottce of such termtnatton as
provided below, and COSERV shall w~thm five (5) bustness days of receipt of the
nottce of termtnatlon repay and refund to CITY the entire conslderatton paid
hereunder by CITY
5 The CITY acknowledges that the orthophotos wtll be copyrtghted by COSERV
and shall not be reproduced for use by others, sold or dismbuted to a third party
without the express written penmsston of COSERV CITY shall take reasonable
steps to protect the confidenttahty of the orthophotos, tncludmg spectfically
notifying tts employees that the orthophotos are copyrighted and shall not be copted,
transferred electronically or removed from the CITY offices ("Infnngement") The
CITY shall nottfy COSERV tmmedtately upon tts dtscovery of any occurrence of
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Infiungement COSERV recognizes that CITY's multiple copying of the CD-ROMS
eontmmng the orthophotos for its internal purposes shall not constitute an
Infnngernent under the terms of this Agreement All copies made by the CITY shall
include all copyright notices and other propnetary notices contmned in the original
COSERV acknowledges that the CITY ~s 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 aerial photographic maps in one or more forms that
will be avmlable 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 confidentmhty provision contatned herein, and that such
Agreement extends to all third-party purchasers or users of hard-copy maps
produced from the smd 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 dunng delivery,
COSERV shall promptly replace them at no cost Installation of the orthophotos is
the sole msponmbthty 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/suppher, 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 contmmng the
orthophotos are designed to be used prior to, dunng, and after the year 2000 A D,
and that they will operate without error relating to date data, specifically lncludang
any error relating to, or the product of, date data which represents or references
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different centuries or more than one century
8 To the fullest extent permitted by law (a) COSERV's maximum habdity to the
CITY shall not exceed the total considerat~on paid by the CITY under this
Agreement, and (b) COSERV shall not be hable to CITY for special, incidental,
consequentml, putative, or multiple damages resulting m any way from the
performance or non-performance of this Agreement, whether as a result of breach of
contract, tort, or statutory, mcluthng, but not hmited to, loss of profits
9 COSERV further represents and warrants that the orthophotos do not and will not
mfnnge on any patent, copyright, trademark, service mark, or other intellectual
property right of any third party or part,es, whether so promded by federal, state, or
by common law In the event that such an tnfnngement occurs, COSERV shall
defend, lndemmfy and hold the CITY harmless from any habtht~es, losses costs,
penalties, fines, ~nterest, actions, clmms, demands, stats or judgments, ~ncludtng
reasonable attorney's fees and costs, and including without hm~tatxon, any losses
resulting from any injunctive rehef preventing the use of the smd orthophotos The
representations and warranties contmned tn th~s paragraph 9 shall not be hmxted by
the damage cap or other lkrmtatxons expressed and set forth ~n paragraph 8
heremabove
10 The contract price stated here~n presumes that, wttlun a reasonable time before or
after the execution of th~s contract, COSERV will enter ~nto strmlar 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 ~nto such agreements shall not affect the vahdtty of this
Agreement In the event that any other governmental enttt~es execute agreements of
a sxmdar nature with COSERV for orthophotography or orthophotograpbac software
or servxces pertmmng to Denton County, Texas m whole or tn part, before or within
two (2) years after delivery of the orthophotos to the CITY, COSERV will
munedtately give wnttan notme to the CITY of the existence and terms of such
agreement Further, COSERV shall rebate to the CITY a port~on of the contract
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price of such third party or parties' contract within thirty (30) days of tts recetpt 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 wah the contractual cost to COSERV of obtalmng the orthophotos from
its vendor/suppher, MARKHURD Bamng any unforeseen changes, that pementage
is presumed to be twenty-five (25%) percent If the DCAD and/or the COUNTY
does not execute an agreement as anttctpated, such percentage shall be presumed to
be tbarty-three and one/third (33 1/3 %)
11 Any disputes arising under flus Agreement that are not settled by agreement of the
parttes hereto, shall be governed by the laws of the State of Texas The part,es
stipulate that exclusive venue and junsd~ction shall lie tn the state thstnct courts of
Denton County, Texas In the event that any actions are brought to enforce this
Agreement, the prevailing party shall recover tts costs of suit, ~ncludlng reasonable
attorney's fees, from the other party
12 All notices and correspondence relatmg to flus Agreement provided by one party to
the other shall be tn wnttng and shall be dehvered be deposttlng same in the Umted
States Mall, postage prepaid, by certffied or registered mall, return receipt requested,
or by dehvenng same in person to the person to be notified as follows
If to CITY Howard Martin
Asststant City Manager for Utilities
Ctty of Denton, Texas
215 East McKanney
Denton, Texas 76201
If to COSERV Denztl McG~II
GIS Dtrector
CoServ Electric
7701 South Stemmons Frwy
Connth, Texas 75065
13 COSERV shall provide one (1) copy of the orthophotos to the CITY on one (1) or
more CD-ROMs tn a format described in Exhibit "A" hereto In the event that the
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orthophotos are enhanced, or errors and/or defects are discovered and corrected
dunng 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 furmshed 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 hereto, 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
vahdtty of any other provision of this Agreement
17 This Agreement, together with any attachments or exhibits, constitutes the entire
contract between the parties and supemedes any prior understanding or agreement,
whether verbal or in writing No modification, deletion or addition to tfus
Agreement shall be effective unless reduced to writing and approved and signed by
duly-authorized representatives and officers of both parties hereto
18 This Agreement ts 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 tn writing and signed by the Wmvlng party
20 Notlung contamed herein is mtended for the benefit of any third party, and no
benefit shall inure to the benefit of any such party
21 Tins Agreement ts executed in two (2) original counterparts by the respective duly-
authonzec~ and empowered offimals and officers of the CITY and COSERV on this
the ]-~-ff~-- day of (/~r/J'~/f2~,2000
(/ f/
6
CITY OF DENTON, TEXAS
A TEXAS MUNICIPAL CORPORATION
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
DENTON COUNTY ELECTRIC
COOPERATWE, INC D/B/A COSERV
ELECTRIC, A TEXAS ELECTRIC
COOPERATIVE CORPORATION
ATTEST
By
7
APPROVED AS TO LEGAL FORM
By
S \Our Documents\Contracts\99\CoServ Electric Agrmt re Shared Aerial Photography doc
EXRTBIT "A"
PROFESSIONAL SERVICES AGREEh~ENT
PROJECT NAME DENTON COUNTY ORTHOPHOTOGRAPHY
MARKIIURD Project Number: 4991210
(The Project is more fully described in follo~vlng pages attached hereto )
TNs Agreement ~s by and beV, veen
CoServ
7701 South Stcmmons
Con. nth, TX 75065
(hereafter "Client")
and,
MAKKHURD (hereafter "M. AKKHUKD")
13400 6$th Avenue North
M~nneapohs, MN 55311-3515
Who agree as follows
Chent hereby engages MARKHURD to perform the services described m Part I
("Services") and MAKKHURD agrees to perform the services for the compensation set
forth in Part III MARKHLrRD shall be authonzed to commence the services upon
execution of tins Agreement and receipt of authorization to proceed from Chent Chent
and M. ARKHURD agree that tins signature page, together vath Parts I-W and
attachments referred to thereto, constitute the entire agreement between them relating to
the Project ("Agreement")
APPROVED FOR CLIENT APPROVED FOR MARKHURD
By By
T~tle " Title
Date Date
1 Cop)nght199~by~£4Rl~HURD
PART I
5iARKHURI)'S RESPONSIBILITIES
Project Area
Our understanding o£the Project area is Denton County, Texas m ~ts ent~rct~ A 133 square rmle
area around the City of Denton ~s mapped w~th bagher resolution and accuracy
Aerial Photography
MA_KKHUP~ will acqmre new vertical color aenaI photography covering the above mentmned
Project ~rea Photography w&l be exposed xxuth a prec~ston 6" focal length mapping camera at a
negative scale of 1"=2500' for the entre County Consecutive photographs m each fl~t linc
shall have an a~erage for~vard overlap of 60 percent Stdelap betx~,een adjacent parallel fltght
hnes shall ha~,'e an average 30 percent
In addmon to the mapping photo coverage described above, MARKHLrRD x~ ill also obtain larger
scale color photography of the C~ty of Denton area Tins photo~aphy w~I1 cover the area
mdlcated, on the attached Project area map at a negative scale of I"=1667' Color digital
orthophotography w~ll be produced from tins n-nagery
Important Note
Under haze condttmns, color tmagery becomes more dtfficult to obtatn the lugher the faght
height MARK.HIJRD doe~ not recommend color photography at photo scale, lugher than
1"=1667' (fhght height >10,000' above ground level) The bngher the fhght, the more light
scatter m the atmosphere resulting m blue umagery We can adjust to haze cond~tmns for black &
wkate photography b7 using a yellow filter on the camera lens and w~th d~fferent paper m the
photo lab These rmttgatlon methods are not available for color
Geodetic Control
MARKHURD xwll e,tabhsh alt horizontal and verhcal control necessary, to perform the mapping
services described hereto using a~rborne GPS techmques Horizontal control w~ll be based on the
Texas NAD 83 state plane coordinate system Vertical control ~fll be based on mean sea level
A mmunum of st,x (6) ground control points wall be e~tabhshed on photo ~denhfiable positrons
for quahty control purposes Pen'nanent monuments w~ll NOT be estabhshed
Analytical Aerotrmngulat~on
Upon completing the control su~'ey task, MARKHURD v, all prepare a fully a.nalyt~cal
aerotnangulatton solution to estabhsh supplemental control for orienting individual
photogr,mmetnc ~tereo-mc~:l.er$ covenng the subj oct Proj¢ct AIl field control locatmns and pa~s
points w~ll be measured on a set of scanned film d~aposlt~'~es using our Intergraph Z-re' softcopy
stereoplotter The results w~ll be processed using M. ATCH AT Aerotnangulat~on so~vare
D,gltal Elevation Model
Once the analytical tnangulatmn ~s complete, M.A_RKHUR.D personnel ,,'all comp~Ie a d,g~tal
elevation model 0DEM) which vall conmst of a series of masspomts (x,y,z) and 1Lrmted brealClLne
files across the enhre ProJect area TI'as data ,,v~ll be processed Into a T12Nr file for use w~th ou~
ortho recnficat~on sole,yarc
5' Contour Opt,on
It w~ll be posmble to capture enough mass points and break lanes to pro'adc 5' contours for the
City of Denton area from the 1"=1667' photography Since photography, control and
aerotnangulatmn ~s necessary for the ortho rectification process any,,vay, any area w,thm Denton
can be contoured and priced on a area b7 area bas~s, at any future date, ff demred
Digital Orthophotograph~,
It ~s MAR.KHURD's experience that starting vath consistent quahty umagery ~s one of the most
urnportant procedures that can take place towards elu'mnatmg problems that could occur during
the various d~g~tal ortho production phases As such, MARKHURD ,,'all begin the
orthophotography produchon ,,nth an Intenmve analyms of the aenai film negahves Quahty
checks vall be performed so as to insure that any problems areas are Ment,fied and prior to
producing a set of dmpomhves for scanmng MARKHURD ',',all work closely w~th the Chent
dunng this umttal process so as to clarify the spectfic needs and expectations of the d,g~tal ortho
product
A separate set of film dtapomttves ',',all be produced and used as input to the scanning process In
order to produce the lughest quahty d~g~tal ortho product, these dmpomt~ves valI not be handled
or used In any other productton process prior to scanning
Image Capture
MARK_HU'RD vail uhhze a Zetss PHODIS Image Scarmmg System to capture the analog aenal
image m raw d~g~tal format The Zeros PHODIS has exceptional geometric accuracy as ~ell as
many other mgmficant features ezsenttal an creat,ng h~gh quahty umagery
The fikn dmpomt~ves mentioned above ¥;111 be scanned at a resolution of 14 nucrons
(appromrnately 2000 dots per tach) which vail y~eld the 2' and 1' ground resolutions for 2500'
scale and 1667' scale photography respectively Since the dehvery format ~s MrSID and tlms m a
seamless format, the data vall not be broken into t~Ies
Final Edit
To enzure that all data ~s correctly formatted and geo-referenced, the files v,~I1 be interact,rely
exarnmed on a high speed workstahon by a d~gatal ortho specmhst Ti:us vnli be m addmon to
the numerous computerized checks performed by MA_R_K-H~qvG)'s propneta.W and ISM sof~vare
Items to be dehvered under ttus proposal are
)' Color D~g~tal orthophotography vall be dehver%d on CD-ROM m MrSID format
>' Digital Elevation Model (not statable for contours) m format to be d,fin;~,
3 Co.v)n~ht 1997, b2 M.~
MARKH'URD has the resources to meet the most demanding of schedules Nonetheless, the
time requ~ed to dehver the items described m Part I B above are subject to being influenced b)
numerous factors 0 e weather, Client schedules/budgets, scenario selected, otc ) some or ail of
wl'uch may be beyond MARKHURD's control Therefore, we propose to develop and funush a
mutually agreeable Proj oct schedule, after an agreement beBveen our orgamzatmns (regarding the
final scope of servlces to be provided) has been resched
Milestones and a~pmmmate nme fi'sine and comolet~on date bafed on F,b 1 $ start
Aerial Photo~aphy and Au'borne GPS sur~eys (weather dependent) 1 week (Feb 15)
Ground Control Surveys (concurrent ,,,ath au- photo m~sslon) 1 week (Feb 15)
Photo lab processing/film check and label/contact pnntl/dtaposmves 3 weeks C~larch 7)
Dlaposmve Scanning 3 weeks (March 31)
Analytical Aerotnan§ulat~on (AT) 6 ',', eeks (May 15)
Digital Ele', atlon Model Compilation Coegm Denton 3 v, eeks into AT) 8 weeks (July 15)
Digital Orthophoto Processing and Deliver), ('begin 2 v,,eeks into DEM) 8 weeks (Sept 15)
Final mapping documents dehvered pursuant to tl'us Proposal, xYhere apphcable, shah comply
with the standards of accuracy as stated m the Umted States National Map Accuracy Standards
A copy of smd standards are included m Attachment A contained hereto The Accuracy
spectfied m the RFP Scenmos defines the destgned flying hew,,ht Scan resolutmns of 14
microns are reqmred for our sol,copy aerotnangulatton methodology
A major advantage of d~gltal ortho m~agery is the abihty to seamlesslv update on an ss need
basis Where ever the County defines areas of change, s photo rmss~on can be designed to
capture only those ~eas These small tress are controlled from the pre'aous proJeCt ~magery and
ortho rectified to an updated DEM The unager), ~s then s~mply patched into the crusting files
It will be possible to alex clop 5' contours anyv, herem the C,ty of Denton area ~','~o,at b~',.ng to
add control or re-fl~ts except m areas of change
~ 4t$$UMPTION$/~O.¥DITIONS
Tiros Proposal ~s subject to ~e following assumptlons/condmons
MARKHURD's cost estanate, is m pan based on the assumptmn that me Project Area as
~_~9n~,~l~erem, is accurate 'Ihb B your notice that our cost estamate is a firm figure onb
when this assumption is valid Therefore, ~t is the Chon'Cs responslblhty to rewew the Project
Area for exactness (outlined on the document mentioned m Part I A "Project Area") and notify
4 c~.z, ri~ht I~97, by
MARKHURD of any changes prior to the execution of an a~eement be~veen our orgamzattons
~lob. n F Blooclgood, P L S, Vxce 1~res~dent, Md Bob Seaberg, ? L S, Project Manager,
represent MARK.HURD during the performance of the services to be provided under tls
proposal Each has the authonty to transrmt and receive instructions, ~d make decmons
respect to the services Mr Seaberg ~s authorized to comnut the necessary resources towards
completing the semces described hereun
C, og)nght 19.~7, by
PART II
CLIENT'S RESPONSIBILITI ES
Chent, at tts expense, shall do the following tn a tu'nely manner so as not to delay the servtces to
be performed by M_ARKHURD
.F. INFOP~IATION/'P~PORTS
None ident~fied at tins ttme
G_. .~?.EPRESENTATIVE
Designate a representative for the Project ',ho shall have the authority to tranzrmt mstruchons,
receive ln.formatzon, interpret and define Chent's pohcles and make decisions v~th respect to the
se~v1ges
H__ DECISIONS
Prowde all criteria and full reformation as to Chent requLrement$ for the Project, obtain (wxth
M. ARKH'UI~'$ assistance, if applicable) necessary approvals and perrmts, attend Project related
meetings, provide interim reviews on an agreed-upon schedule, make decisions on Project
alternatives, and generally participate m the Project to the extent necessary to
MA.RKHI. JRD to perform the serv:ces
I INSPECTION OF MAPPING DOCUMENTS AND NOTICE OF
CONFORMANCE
Upon delivery, the Chent shall promptly respect all mapping documents furmshed by
Prompt,written notzce shall be g~ven by the Client to M.~RKHI.rRD ff the CEent becomes aware
that the, services do not corfform to the standards s'ated La tSAs proposa~ To allox'~
the opportumty to cure any non-cor2'ormance, not;ce shall be g~ven ,,~ ~t3_m s,.ven calendaz days of
discovery
PART 1TI
CON[PENSATION, BILLING, AND PAYMENT
All of the following costs are based on performance of the enttre project under one contract Per square mdc
costs are vahd only sf every square nnle is ordered and dehvered under the same contract Umt price per
square mile based on 956 square rmles The following pncsng ss contingent on CsW of Denton partsc~patmn
Chent shall reimburse M~ for the services m accordance w~th the following
J FEE SCHEDULE
Our charge for the semces described m PART I shall follow the fee schedule outlined belov~
Scenario #4 Color
Task C~ty County
Photo Scale 1"=1667' 1"=2500'
Flying Helght 10,000' I 15,000'
Scan Resolutson 14 m~crons 14 rrncrons
Ground P:xel 1' 2'
Map Scale 1"=200' t 1"=400'
+/- 5' or better I -/' 10' or better
Accuracy
Average Cost Per Sq. SI42 91
Cost Per Sq M1 based S339 ' Sill
on numbers of photos
TOTAL COST S136,622
A FEE SCHEDULE
Should the C~ty elect not to parhc~pate, the follo~ mg pricing w-21 apply
Scenario #4 Color
Task . C~ty County
Photo Scale N/A 1"=2500'
Flying Hetght i N/A 15,000'
Scan Resolut:on iX'lA I 14 rmcrons
Ground P~xel N/A ] 2'
Map Scale ' N/A ] 1"--400'
N/A I +/' 10' or better
Accuracy
Cost Per Sq bis. $112.11
TOTAL COST S107~.179
~ TERMS AND CONDITIONS
Fees, as stated, shall remain m effect until December 31, 1999 Lf acceptance occurs at'er th~s date. ~ve
rese~e the n~t to re<se oz fee =d resub=t tMs proposal (m whole or m p~n) based on the present
con&t~ons
~ ~11 at a m,m~, submit mont~y mvozces for ~e percent.ge of ~e work completed dunng
· e btlMg period Te~s of pa>~t %~qll be net dac 30 days ~om the date of invoice, ~d %v~ll be subject to v
1 5% service charge on the bal~ce each month ~ereafie:
U~ess Chent pro.de. ~D ~mh a %rotten statement of m~y objecUons to ~e mvmce ~t~n 15
ealend~ day~ ~om the date of invoice, Chent ~hall be deemed to accept the invoice as sub.ned
ATTACI~T "A"
United States l~atlonal ~lap Accuracy Standards
W~th the vle~ to the u~most economy and expedir~on mproducmg map~ ~ch ~ not o~ ~e broad nee~ fo'
s~rd or p~c~al mips, but also ~e reasonable p~cular needs of mdt~ndual agent:es, stand.ds of acc~acy for
pubhshed maps ~e de.ed as follows
Homzontal accurac) For maps on pubLcaaom scales larger ~an I 20,000, not more ~an 10 percent of
· e pom~ tested sha~ be
pubhcaUon scales of 1 20,000 or sma~er, 1/50 tach
posz~ons ofwe~ d=~ed pom~ o~y "%V~ defined" pom~ =e ~os= ~a~ ~= easdy v~s~le or recoverable
o~ ~e ~o~ such as ~e foEo~$ mouumeu~ or rockers, such as bench marks, prope~ bo~da~
monument, ~tersec~ous of roa~, Ia~oa~, e~c, comers of large bu~gs or ~c~es (o. center pomts
of small bud~gs), etc ~ general wha~ xs "well d~fmed" ~ also be dete~d by what ~s plowable on
~escaleof~emap~h~ 1/100mch ~uswMe~em~eriec~onof~ozoadorprope~Mesmee~gat
n~h~ ~tles, would come ~m a se~le m~e~remaon, ~den~ca~on of ~e mtersecuo~ of such ~es
mee~g at ~ acute ~Ele wo~d ob~ously not be prac~cable ~ 1/100 tach S~arly, feazes not
~den~able upon ~e ~ound
quoted, even ~ouEh ~e~ pos~uo~ may be scaled closely upon ~e ~p ~ ~s class would come ~b~r
lacs, soft boundaries, etc
2 % erHcal accurac), as apphed to conto~ maps
10 percent of~e ele~a~o~ tested sha~ be m e~or more tla o~e ha~ ~e couto= mt~at ~ ch=c~
eleva~o~ ~keu ~om ~e map, ~e apparent vemcal eao* may b= dezreased by aff~=i a ho~ontal
d~splacemeu~ w~ ~e p==ss~le ho~ontaI e~or for a ~ap or.at scale
3 ~e acc=acy of ~y map may be tested by comping ~= posmo~ of pom~ ~hos~ ]oca~ons or elevaUons
are sho~ upon it ~ co~e~ondm~ pos~o~ as dete~ed by ~weyi ofa ~her acc~acy Tesu shall
be made by ~e producm~ agency,
extent of such tes~g
4 ~bhshed maps mee~ ~el~ acc=a~y requ~m=n ~ shaU no,e ~s fact m ~e~ lea=nde, as foEo~s
map comphes ~a~ ua~onal map acc~cy standardl"
5 ~bluhed maps whose e~ors exceed ~os~ ~for=stated shall o~t ~om ~e~ legenas ail menaon of staud~.d
%%%en a pubhshed map Is a co~iderablm e~=tement of a ~p ~a~ (m~uscnpt) or of a pubhshed
~ap, ~at fac~ shall be stated m ~e l~tend ~or ex.pie, "~ map ~s ~ e~ar~em=n= of a 1 20,000 scale
~p ~a~", or "~s map ~ au =~ar~ement ora 1 24,000 scale pubh!h=d map"
7 To lacerate ready m~elxh~e and ~e of b~c ~o~a~on for map cons~cUon ~on~ aE Federal map-
ma~E agencies, man~c~ maps ~d pubhshed maps, ~herever econo~ca~y feas~le and conms~ent
~ ~e us~ to ~ch
~utes of laP. de ~d loni~de, or 7 f minutes, or 3 3/4 ~utes m s~=
As Pubh~hed by the Umted States Ofiice of M~asement and Budge,
EXqYmlT '"B"
United States hatlooal ~lap Accuracy Stnndards
With the view to the u~most economy and expedl~on mproducmg maps which fulf~II not o~1} the broad neath for
stand~d or p~c~pal maps, but also ~e reasonable pi~cular nee~ of individual agencies, standar~ of accuracy for
published maps are defined as follows
Horizontal accuracy For maps on pubhca~ton scales larger ~an 1 20,000, not more ~an 10 percent of
· e pom~ tested shall be m exor by more ~an 1~0 tach, measured on ~e pubhcabon scale, for maps
pubhcaSon scales of I 20,000 or smaller, 1/I0 tach ~e~= ~ of acc~acy shah apply m ail oases to
posmo~ of well defined poa~ o~y "We~ deC'ed" POm~ ~e ~ose ~at are easily ~s~le or recoverable
on ~e ~o~d, ~ch as ~e follows monumena or markers, nth as bench mar~, prope~ bo~d~
monument, atersecno~ ofroa~, ~a~oa~, etc, comers of l~Ee buddings or s~c~es (or center pom~
ofs~ bufldais), etc ~ Several what Is "~ell decreed' ~I1 also be dete~ed b) ~ha~ ~s plo~ble
· e sc~e of~e map w~ 1/I O0 tach ~us ~hlc ~e m~er~ecnon of ~o road or prope~ Mas mee~
right ~gles, would come ~ a seeable mte~retaao=, ~deu~ca~ou of ~e mtersec~o~ of such lines
meant at an acu~e augle %ould obviously uot be pracncible ~ 1/100 tach S~=ly, feazes
~den~able upon ~e ~o~d ~m close ~ are not to be comtdered ai tes~ pom~ ~
quoted, even ~ouih ~ea posmon$ mi) be scaled closely upon ~e map ~ ~s chis would come ~ber
2 Vertical accuracy, as apphed to conto~ maps on n~ pubhczoon scale~, shall be such tat ~o~ more
10 percent of te elevauo~ tested sha~ be m exor more ~ one-ha~' me contour m~e~al ~ chec~g
elevano~ ~ken ~om ~e map, ~e apparem ~emcal eaor may be decreased by a=su~g a ho~onta~
d~splacemen~ ~ ~e pe~ss~le ho~ontal exor for ~ map of mat scale
~e accu~cy ofa~y map may be tested by compa~g ~e post~o~ ofpom~ WhOSe locaUo~ or eleva~o~
are sho~ upon it ~ co~e~poMmg posmo~ as dete~,~ed by s~eys of a ~gher acc~cy Tes~ shalI
be ~d~ by ~e producing agency, ~ch sha~ also delete ~v~ch of~ maps ae to be test~ ~d
extent or.ch tes~g
Publmhed maps mee~g ~ese accuracy requ~emen~ shag note ~s fact m ~eu- leien~, as follo~ '
map comphei w~ na~on~l map acc=~cy
~bhshed mips %hose e~ors exceed ~oie aforestated shall o~ ~om ~ex leteMs all men,on of stand=d
~en a pubh~h~d m~p u a co~tderable e~gem~nt of a map ~a~g (manus~p0 or of a pub~h~d
~p, ~at fact sha~ be s~ted m ~e legend For example, "~ map ~s ~ e~iement ora I 20,000 scale
~p ~a~g", or '~ ~p Is an eflv~ement ora 1 24,000 scale pubhshed
To facfl~te ready mterch~ge and use of b~ic ~o~a~on for map co~caon among aD Federal map-
ma~g a~enc~es, manvscqpt ~ps and pubhshed maps, wherever econo.cagy feas~le and
~ ~e ~es to whch ~e ~p u to be pu~ shall coMo~ to laamde ~d longitude bo~dmes, being
m~nte~ of la~mde ~d long~mde, or ~ ~ ~utes, or 3 3/4 m~nutes m
As Pubhshed by the Umted Slates Offi, ce of ivlan~gement Md.Budget