HomeMy WebLinkAbout1998 S Land Records and Atlantic Technologics, Limited for Aerial Photography Agreement t
NORTH CAROLINA
ORANGE COUNTY
AGREEMENT
THIS AGREEMENT, made this 20th day of January, 1998, by and
between Orange County, hereinafter referred to as "the County, "
and Atlantic Technologies Limited, whose principal office is at
2227 Drake Avenue SW, Building 14, Huntsville, Alabama 35805-
5146, hereinafter referred to as "the Company, "
WHEREAS, the County issued Requests for Proposals (hereafter
called the RFP) , on November 6, 1997, and amended the RFP on
November 18, 1997 ;
WHEREAS, the Company responded to the RFP with a proposal
for said services within the allowed time of December 5, 1997 (A
"Cost Proposal" and a "Technical Proposal" were provided. As
used in this agreement, "the proposal" means either or both of
the Cost Proposal and the Technical Proposal as the context calls
for) ;
WHEREAS, the proposal offers to provide services and
products producing aerial photographs, digital orthophotos,
topography, and planametrics for a total cost of $650, 142 ,
explained within the proposal;
WHEREAS, the Company represents that it is qualified,
willing and able to provide the professional services and
products called for in the RFP and the proposal, and deliver the
requested services and products according to the County ' s
specifications and the terms of this agreement, it is therefore
agreed and understood that :
A. SCOPE OF SERVICES
I . The Company will provide the services and products in
phases . All phases beyond A (Aerial Photography) and B
(Ground Control) are subject to budget approval and future
appropriations by the Orange County Board of Commissioners .
Phase A. Aerial Photography: Aerial photography including
pre-paneling at scales of 1" =2 , 000 ' for the entire
County and 1"=1, 000 ' and 1"=500 ' for selected
areas is required. All aerial photography is to
be flown with 80 percent (800) forward lap . The
total cost for this .phase is $37, 900 .
Phase B. Ground Control : As per the RFP and the proposal,
the Company has reviewed the Orange County Index
Map, revised 11/18/97 , hereafter referred to as
"the Contract Map, " to determine if additional
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horizontal control is required and has determined
no additional control is required. The North
Carolina Geodetic Survey sets the required
horizontal ground control using Global Positioning
System (GPS) equipment for the services and
products to be performed by the Company. The
total cost for this phase is $14, 000 .
Phase C . Fully Analytical Aerial Triangulation (FAAT) :
FAAT to properly control the mapping project will
be produced as described in the RFP. The Company
will produce new FAAT to use in the projections of
the orthophotos . Old FAAT will not be used to
produce the new orthophoto base maps . The total
cost for this phase is $38, 400 .
Phase D. Production of Digital Orthophoto Base Maps : The
orthophotos will be based on NAD 83 and will show
corresponding NAD 83 and NAD 27 grid ticks at the
four corners of each map sheet . The total cost
for this phase is $67, 915 .
Type of Map Number of Sheets by Map Scale Total
Digital Orthophoto 1"=100 ' 1"=200 ' 1 "=400 '
Area Maps (400) (90) (88) (578)
Entire County (132 ) (132 )
Digital Orthophoto Standards : The digital
orthophotos will be produced and clipped to the
modular map sheet boundaries (2 , 500 ' x 2 , 500 ' for
1"=100 ' scale, 5, 000 ' x 5, 000 ' for 1 "=200 ' scale
and 10, 000 ' x 10 , 000 ' for 1 "=400 ' scale) . Images
will not extend beyond the modular sheet
boundaries . The methods used in the production of
the digital orthophotos, the types and
specifications of the equipment to be used (e.g. ,
the DPI and the geometric accuracy of the
diapositive scanner) , the accuracy and ground
pixel resolution of the finished digital
orthophotos, and the media, file size, and format
to be used in the delivery of the digital
orthophotos to the County will be as described in
the proposal . The County currently has ARC/INFO
GIS software. The Company agrees that the County
will need no additional software or hardware in
order to store, display or manipulate the digital
imagery.
Phase E . Topography: The production of digital topography
will be produced and based on the same scale as
the digital orthophotos (see Section 1 . 0 Project
Overview of the RFP) and will result in the
creation of a Digital Terrain Model (DTM) of
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points which will be captured and stored on a per
stereo model basis and will be merged with
adjacent models to create a TIN array. The total
cost of this phase is $193 , 687 .
Phase F. Planametrics : Digital planametrics will be
produced based on the same scale as the digital
orthophotos . Feature detail shall include roads,
buildings and structures, bridges, rivers,
driveways, ponds and other water features and
utility easements . Additional features include
all other features listed on the table of Standard
Features Captured for Planametric Mapping that is
a part of the proposal .
The total cost of this phase is $229 , 800 .
Additional features will be produced, at the
option of the County, at a cost of $64, 260 .
II . Contract Map: A copy of the Contract Map is attached to
this agreement and is a part of this agreement . The
Contract Map depicts the boundaries of the maps to be
delivered and the various map and aerial photography scales
to be used.
II'I . Standards & Specifications : The standards and
specifications for all requested services and products are
stated and described in the RFP and the proposal, both of
which are incorporated herein by reference and are a part of
this agreement .
B. SPECIAL CONDITIONS
I . The County has approved aftd the County now authorizes the
Company` to proceed to provide the services and products described
in phases A & B, according to the RFP and the proposal . The
Company agrees that phases A-& B will be completed before March
15, 1998 .
II . The County authorizes and the Company agrees to allow the
Town of Chapel Hill, an Orange County municipality, hereafter
referred to as "Participant, " to request and receive services and
products per the standards and specifications of this agreement
beyond phases A & B, for the area designated on the Contract Map,
including but not limited to Digital Orthophotos, Topography, and
Planametrics . Participant will request said services and
products of the Company through execution of its own purchase
order to the County. Upon agreement between the County and
Participant, the Company will respond with a time schedule for
performance of services and provision of products according to
the purchase order. The Company, upon delivery of the services
and products covered by the purchase order, will invoice the
County, with a copy of the invoice sent to Participant .
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F"eb-19-98 04;35P Co loran Gledhill HarVr-ave 919 732 7997 P.03
Ill. Contacts:
All contacts for this agreement and for the provision of services
and products is:
for County, Roscoe E. Reeve
GIS Director
200 S. Cameron St. (P.o. Box 8181)
Hillsborough, NC 27278
919-732-8181 ext. 2501 (p)
919-644-3015 (f)
rreevellco.orange.nc.us
for Company, Spurgeon Briggs
Atlantic Technologies Ltd,
2227 Drake Ave. SW Bldg. 14
Huntsville, AL 35805-5146
205-882-7788 (p)
205-882-7774 (f)
WSBriggsgaol .com
7V. The Company will provide to the County a performance bond
and a payment bond each in the amount of $650,142 assuring the
faithful performance by the Company of this agreement and the
timely payment by the Company of all materials and labor
associated with its performance of this agreement. The bonds
shall be provided by a surety company or companies licensed or
otherwise authorized to do business in the State of North
Carolina and satisfactory to the County. The Company shall
provide evidence from the State of North Carolina that the surety
or sureties are licensed or otherwise authorized to do business
in the State of North Carolina. The bonds shall name the County
as the obligee, shall. be dated the date of this agreement, and
together with other evidence required in this paragraph, shall be
presented to the County for its inspection with the signed copies
of this agreement. The cost to the County of these required
bonds shall be there actual cost to the Company, not to exceed
$4, 180,
V.A. The Company shall indemnify and hold harmless the County
from suits, actions, damages, and cost of every name and
description resulting from work under this agreement during its
prosecution and suits brought against the County for or on
account of the use of patented appliances, products, or
processes, or the infringement of any patent, trademark,
copyright, or alleged negligence on the part of the Company.
Under no circumstances shall Company he responsible for lost
revenues or other unique or consequential damages to County.
Under no circumstances shall Company be responsible for lost
revenues or other unique or consequential damages to third
persons as a consequence of the use by third persons of the
authorized or unauthorized services or products provided by
Company to County under this agreement.
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Feb-19-98 04:35P Coleman Gledhill HargravQ 919 732 7997 P.04
H. The Company shall noC be liable for losses, damages or
claims that are discovered by the County, the County's agent or
representative more than two years after final delivery of
project deliverables. County agrees to notify Company of any
loss, damage or claim as soon as practical after the loss, damage
or claim is discovered but in any event within ninety (90) days
of County's discovery of the loss, damage or claim.
C. The Company shall not be liable for arxy damages incurred by
the County or any other entity resulting from delay or failure of
delivery due to stri.kes, lockouts, fires, inclement, weather,
equipment malfunction, governmental acts or regulations or any
other circumstances beyond the control of the Company.
D. The Company warrants that the work it performs and the
products it delivers under this agreement will be as required in
the RFP and as proposed in the proposal, but makes no other
express or implied warranty, including but not limited to the
implied warranties of merchanl.ability and fitness for a
particular purpose.
E. County agrees that Company's liability under this agreement
for damages, regardless of the form of the action, shall not
exceed the greater of: (1) the limits of insurance coverage
carried by Company for risks covered by insurance policies
required by this agreement or, (2) for other liability of Company
under this agreement, the total amount paid to Company for
services under this agreement. Company warrants that it
presently carries the following insurance coverage and further
warrants that it will maintain the following insurance coverage
for three years following the latter of the date of delivery of
the last deliverable or the date of the last service provided by
Company to County under this agreement:
Insurance Coverage in Place and to be Main _a'ne
Aviation Liability $5,000,000 each occurrence
General Liability $2,000, 000 aggregate per incident
$1,000, 000 each occurrence
Automobile Viability $1.000, 000 combined single limit
Umbrella $1,000, 000 each occurrence and
aggregate
Workers Compensation - statutory coverage.
Company further warrants that the certificate of insurance which
is Exhibit g to this agreement is current and that Company will
provide periodic certificates confirming the insurance coverage
required by this agreement upon request.
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III . Invoices shall be submitted monthly on a percent M
complete basis with payment terms of net 30 days .
IV. The County agrees to pay interest to the Company (or any
successor or assign) at a rate equal to the legal rate in North
Carolina (8% per annum) on sums which the County fails to remit
to the Company within 30 days from the date of invoice .
V. The County and the Company agree that the contract cost to
the County for each and every phase of the work to be performed
and the products to be delivered by the Company is as stated in
this agreement (per the proposal) and that the total cost of all
work to be performed and products to be delivered (including
additional feature detail on the Digital Planametrics) pursuant
to this agreement is $650, 142 . The Company agrees that the
contract cost for each and every phase is the contract cost for
any service or product ordered by the County on or before
November 1, 2000 . The Company agrees that any service or product
covered by this agreement which is ordered by the County after
November 1, 2000 , shall be priced at the contract cost in this
agreement plus the lesser of ten percent (10%) or the annual
increase, if any, of the Consumer Price Index entitled "United
States City Average - All items - All Urban Consumers Index" as
.determined by the United States Bureau of Labor Statistics (or
its successor organization) , using 1998 as the base year .
In witness whereof, the parties hereto have executed this
agreement the day and year first above written.
Company: County:
ATLANTIC Technolo * es, Ltd. ORANGE COUNTY, NORTH CAROLINA
B By
a ikg ar W. Brown, Chair
Orange County Board of
Title: hief Financial Officer - Commissioners
Date: February 20, 1998 ATTEST:
Beverly rBlythe, C erk to
4 ohM eager: the Board
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