Ord 028-97 3/4/1997. .
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH DALLAS AERIAL SURVEYS TO PROVIDE AERIAL
PHOTOGRAPHY AND DIGITAL ORTHOPHOTOGRAPHY AND APPRO-
PRIATING THE NECESSARY MONEY FROM THE TEXAS DEPARTMENT
OF TRANSPORTATION; FINDING AND DETERMINING THAT THE
MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO
THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, The State has provided additional moneys to the Wichita Falls Metropolitan Planning
Organization for transportation - related planning, and
WHEREAS, The Texas Department of Transportation and the Wichita Falls Metropolitan Planning
Organization have determined that having aerial photography and digital orthophotography produced is an
eligible activity and use of the funds, whereby such product will further contribute to transportation
planning.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
SECTION I. The City Manager is authorized to enter into a contract with Dallas Aerial Surveys to
provide aerial photography and digital orthophotography under terms and conditions described in
Attachment A herein.
SECTION 2. There is hereby appropriated to 11 -804 $60,000.
SECTION 3. It is hereby officially found and determined that the meeting at which this ordinance
was passed was open to the public as required by law.
PASSED AND APPROVED this the 4th day of March, 1997.
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M Y O R'
ATTEST:
INAAJ�'J) �
CITY C RK
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF WICHITA §
✓--
This contract is made, entered into and executed this 1._;�, day of .'l , 1997, by
and between the Wichita Falls Metropolitan Planning Organization, hereinafter called the MPO, which is
the designated Metropolitan Planning Organization of the Wichita Falls urbanized area, and Dallas Aerial
Surveys, Inc., hereinafter called Consultant.
WITNESSETH
WHEREAS, pursuant to provisions of 23 USC 134, the Governor of the State of Texas has
designated the MPO to be the single -focus planning organization for the Wichita Falls urbanized area and
has executed an agreement to effectuate the designation; and
WHEREAS, pursuant to the Governor's designation and in compliance with applicable federal,
state and local laws, regulations, and ordinances, the MPO has developed and maintains a Unified
Planning Work Program (UPWP) which outlines work tasks and estimated expenditures; and
WHEREAS, in an approved UPWP, the MPO is authorized to engage a consultant for the
conversion and automation of hardcopy maps to digital format and the creation of necessary and
applicable data bases; and
WHEREAS, there is a need to provide aerial photography and digital orthophotography as a
necessary function of the data base; and
WHEREAS, the Consultant desires to perform said conversion and creation processes.
NOW, THEREFORE, in consideration of the premises of the mutual covenants and agreements of
the parties hereto, the MPO and the Consultant do mutually agree as follows:
AGREEMENT
ARTICLE I
PURPOSE
1.01 This contract stipulates the terms and conditions whereby the Consultant agrees to perform work,
affixed hereto as Exhibit A and incorporated herein by reference, and the terms and conditions
whereby the MPO agrees to reimburse the Consultant for work approved by the Policy Advisory
Committee, or its designated representative.
ARTICLE II
TERM
2.01 The term of this contract will begin t tr,2 -el, A" % and shall terminate upon the
MPO's final approval of work completed by the Consultant or on
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whichever occurs earlier, unless otherwise terminated or
modified as her inafter provided.
ARTICLE III
SERVICES TO BE PERFORMED
3.01 The Consultant shall undertake with its own personnel and resources or through contractors
authorized pursuant to provisions contained herein, the tasks as described in Exhibit A, which has
been made a part of this contract. The intent of this service is to provide a background layer of
data to a project currently under contract with Landata Geo Services. The consultant shall
coordinate the installation of the final product with Landata GEO Services, 5411 Jackwood Drive,
San Antonio, Texas 78238. The results of the aerial photography and digital orthophotography
shall be presented to Landata GEO Services who shall install the data of their hardware and
software and shall be able to use the delivered product as required of them and, together with the
Consultant, shall be responsible for the desired accuracy of the finished product.
3.02 Should the MPO desire to increase the scope of work, the MPO shall enter into negotiations for
such work which shall be bound under terms and conditions of this contract, which may be
modified to accept such changes based on mutual agreement.
3.03 If the Consultant is of the opinion that any work it has been directed to perform is beyond the
scope of this contract and constitutes additional work, the Consultant shall promptly notify the
MPO in writing. In the event that the MPO finds that such work does constitute additional work,
the MPO shall so advise the Consultant and provide compensation for doing the work on the same
basis as the original work, or the MPO shall advise the Consultant not to perform the work, or the
MPO shall enter into negotiations with Consultant. If the compensation for the additional work
will cause the maximum amount payable to be exceeded, a written amendment will be executed.
Any amendment so executed must be approved within the contract period specified in Article II.
3.04 If the MPO finds it necessary to request changes in previously satisfactorily completed work or
parts hereof, the Consultant will make such revisions as requested and directed by the MVO. Such
work will be considered as additional work and subject to the requirements established in Article
III. Subsection 3.03.
3.05 If the MPO finds it necessary to require the Consultant to revise completed work to correct errors
appearing therein, due to the Consultant's negligence, or through previously negotiated agreement,
the Consultant will make such corrections, and no compensation will be paid for the corrections.
ARTICLE IV
PERSONNEL
4.01 The Consultant represents that it has or will secure, and agrees to furnish, personnel with
qualifications, skills, and expertise required to perform Exhibit A. The Consultant will provide all
necessary supervision and coordination of activities that may be required to complete the activities
described in Exhibit A.
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4.02 The Consultant designates Bill L. Johnson as the Consultant's Project Director. The Policy
Advisory Committee designates Steve Seese as the MPO Project Director.
ARTICLE V
FISCAL MANAGEMENT & DISBURSEMENT
5.01 The maximum amount payable under this contract shall not exceed the amount of $60,000.
Should the scope of work exceed the processes as defined under Exhibit A, an amendment may be
made to this original contract authorizing such additional processes, task or other works.
5.02 The MPO agrees to reimburse the Consultant for work that is performed in accordance with
Exhibit A, within fifteen (15) days after the MPO has received reimbursement for such work from
the TxDOT.
5.03 The MPO agrees to promptly request reimbursement from the TxDOT for bills submitted by the
Consultant. Reimbursement under this contract shall be in accordance with applicable federal
regulations including Cost Principles, 48 CFR, Chapter 1, Part 31, FAR 31 herein made a part of
this contract by reference. Further, to be eligible for reimbursement, a cost must be incurred
within the contract period specified in Article II. All bills submitted by the Consultant will be in
accordance with the procedures for the submission of bills as adopted by the MVO. The
Consultant shall include as part of request for payment a list of all Disadvantage Business
Enterprise subcontractors and the amounts to be paid to each of the subcontractors from the
request for payment. All costs must be supported by source documents which comply with
generally accepted accounting practices.
5.04 In the event the Consultant contracts with an individual and/or an organization to perform certain
tasks in order to accomplish Exhibit A, the Consultant agrees to submit any and all contracts for
such work to the MPO for approval prior to execution of said contracts and said agreements must
contain all required provisions of this contract and must specify that all bills submitted to the
Consultant will be in accordance with the procedures for the submission of bills as established by
the MPO. The Consultant will be responsible for all work under this contract even if the work has
been subcontracted to another individual and/or organization.
5.05 The Consultant agrees that the MPO, TxDOT, the US DOT, and the Comptroller General of the
United States, or any of their duly authorized representatives, shall for the purpose of audit and
examination be permitted to inspect all work, materials, payrolls, and other data and records with
regard to the study, and to audit the books, records, and accounts with regard to the study.
Further, the Consultant agrees to maintain all fiscal records and supporting documentation for a
period of three (3) years after the MPO has made final payments and all other pending matters are
closed. The Consultant further agrees that, in the event any expenditures under this contract are
found to be ineligible for reimbursement by the audit, and/or any additional audits performed
within the three (3) years following acceptance of the original audit, the Consultant will reimburse
the MPO for those expenditures declared ineligible within ninety (90) days after being notified in
writing of the findings.
5.06 Authorization for expenditure of funds under this contract is contingent upon funding by the
appropriate agencies of the US DOT and/or TxDOT.
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In the event that funds provided by and/or through the US DOT and/or TxDOT are not made
available, withdrawn in whole or in part, and/or canceled for whatever reason such that Exhibit A
will not be completed, this contract will be terminated effective the date of said termination of
funds, in such event:
a. The MPO shall give notice to the Consultant in writing within thirty (30) days of being
advised of any funding cutback affecting this contract.
b. The Consultant agrees that upon receipt of such notice, the conditions and requirements
outlined in Article VI will be accomplished by the Consultant.
5.07 In the event that it becomes necessary to amend the Consultant's budget during the course of this
contract, the MPO and the Consultant agree that such amendments must have the mutual
concurrence of both parties. In the event that both parties cannot reach mutual agreement, the
provisions outlined in Article VII may be applied.
ARTICLE VI
DISPUTES
6.01 The Consultant shall be responsible for the settlement of all contractual and administrative issues
arising out of procurement entered in support of contract work.
6.02 The MPO shall act as referee in all disputes regarding non - procurement issues, and the MPO's
decision shall be final and binding.
6.03 Should a dispute develop between the Consultant and Landata GEO Services as to the quality,
acceptability, accuracy or other such detail where the acceptance of the data from the Consultant
will jeopardize the finished product currently under contract with Landata GEO Services, the MPO
shall referee such dispute. The decision of the MPO shall be final and binding.
ARTICLE VII
TERMINATION
7.01 This contract may be terminated in whole or in part whenever such termination is found to be in
the best interest of either party. Termination shall be effected by the conveyance of a written
notification thereof to the other party at least thirty (30) days in advance of the effective date of the
termination. In the event either party to this contract terminates this contract, the Consultant
agrees to the following:
a. Stop work under the contract on the date and to the extent specified in the notice of
termination.
b. Place no further orders of subcontracts except as may be necessary for completion of the
work not terminated.
C. Terminate all orders and subcontracts to the extent that they relate to the performance of
work terminated by notice of termination.
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d. Submit to the MPO their termination claim within sixty (60) days of the effective date of
termination. The termination claim shall not exceed the total amount of funds authorized
in this contract less the estimated cost of the work not completed and the amount of
payments previously made.
7.02 Violation or breach of contract terms by the Consultant shall be grounds for termination of the
contract, and any increased cost arising from the Consultant's default, breach of contract, or
violation of terms shall be paid by the Consultant.
7.03 This contract shall not be considered as specifying the exclusive remedy for any default, but all
remedies existing at law and in equity may be availed by either party and shall be cumulative.
7.04 Upon termination of this contract, whether for cause or at the convenience of the parties hereto, all
finished or unfinished documents, data, studies, surveys, reports, maps, drawings, models,
photographs, etc., prepared by the Consultant shall be covered by the provision of Article XVII
under this contract with respect to ownership.
7.05 Except with respect to defaults of subcontractors, the Consultant shall not be in default by reason
of any failure in performance of this contract in accordance with its terms (including any failure by
the Consultant to progress in the performance of the work) if such failure arises out of causes
beyond the control and without the default or negligence of the Consultant. Such causes may
include, but are not restricted to acts of God or of the public enemy, acts of the Government in
either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, :strikes,
freight embargoes, and unusually severe weather. In every case, however, the failure to perform
must be beyond the control and without the fault or negligence of the Consultant.
ARTICLE VIII
NON - DISCRIMINATION
8.01 It is mutually agreed that all parties hereto shall be bound by the provisions of Title 49, Code of
Federal Regulations, Part 21, which was promulgated to effectuate Title VI of the Civil Rights Act
of 1964, Title 23, Code of Federal Regulations, Part 710.405(b), as they may be amended from
time to time (herein referred to as the Regulations), which are incorporated by reference and made
a part of this contract.
8.02 It is the policy of the US DOT that Minority Business Enterprises as defined in 49 CFR Part 23, as
amended, shall have the maximum opportunity to participate in the performance of contracts
financed in whole or in part with Federal funds. Consequently, Minority Business Enterprise
requirements of 49 CFR Part 23, as amended apply to this contract as follows:
The Consultant agrees to insure that Minority Business Enterprises as defined in 49 CFR Part 23,
as amended, have the maximum opportunity to participate in the performance of contracts and
subcontracts financed in whole or in part with Federal funds. In this regard, the Consultant shall
take all necessary and reasonable steps in accordance with 49 CFR Part 23, as amended, to insure
that Minority Business Enterprises have the maximum opportunity to compete for and perform
contracts.
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The Consultant and any subcontractors shall not discriminate on the basis of race, color, national
origin, religion, age, sex, or disability in the award and performance of contracts funded in whole
or in part with Federal funds. These requirements shall be physically included in any subcontract.
Failure to carry out the requirements set forth above shall constitute a breach of contract and, after
written notification from the MPO, may result in termination of the contract by the MPO or other
such remedy as the MPO deems appropriate.
8.03 The Consultant, with regard to the work performed by it during the contract, shall not discriminate
on the grounds of race, color, national origin, religion, age, sex, or disability in the selection and
retention of subcontractors, including procurement of materials and leases of equipment. The
Consultant shall not participate either directly or indirectly in the discrimination prohibited by
Section 21.5 and Part 710.405(b) of the Regulations including employment practices when the
contract covers a program set forth in Appendix B of the Regulations.
8.04 In all solicitations either by competitive bidding or negotiation made by the Consultant for work to
be performed under a subcontract, including procurement of materials or leases of equipment, each
potential subcontractor or supplier shall be notified by the Consultant of the Consultant's
obligations under this contract and the Regulations relative to nondiscrimination on the grounds of
race, color, national origin, religion, age, sex, or disability.
8.05 The Consultant shall provide all information and reports required by the Regulations, or directives
issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of
information and its facilities as may be determined by the MPO, TxDOT or the US DOT to be
pertinent to ascertain compliance with such Regulations or directives. Where any information
required of the Consultant is in the exclusive possession of another who fails or refuses to furnish
information, the Consultant shall so certify to the MPO, TxDOT or the US DOT, as appropriate,
and shall set forth what efforts it has made to obtain the information.
8.06 In the event of the Consultant's noncompliance with the non - discrimination provisions of this
contract the TxDOT shall impose such contract sanctions as it or the US DOT may determine to be
appropriate, including but not limited to:
withholding of payments to the Consultant under the contract until the Consultant
complies, and/or
cancellation, termination, or suspension of the contract in whole or in part.
8.07 The Consultant shall include the provisions of Subsections 8.01 through 8.06 in every subcontract,
including procurement of materials and leases of equipment, unless exempt by the Regulations or
directives issued pursuant thereto. The Consultant shall take such action with respect to any
subcontract or procurement as the MPO, TXDOT or the US DOT may direct as a means of
enforcing such provisions including sanctions for noncompliance; provided, however, that in the
event the Consultant becomes involved in, or is threatened with litigation with a subcontractor or
supplier as a result of such direction, the Consultant may request the MPO to enter into such
litigation to protect the interest of the MPO; in addition, the Consultant may request the TXDOT
or US DOT to enter into such litigation to protect the interests of the State of Texas and the United
States.
ARTICLE IX
EQUAL EMPLOYMENT OPPORTUNITY
9.01 The Consultant agrees to comply with Executive Order 11246 entitled "Equal Employment
Opportunity" as amended by Executive Order 11375 and as supplemented in Department of Labor
Regulations (41 CFR 60).
ARTICLE X
INDEMNITY
10.01 The Consultant agrees to be responsible for all claims and liabilities due to the negligent acts or
omissions of the Consultant, his agents or employees while performing this contract. The
Consultant also agrees to be responsible for any and all expenses incurred by the Consultant in
litigation or otherwise resisting such claims or liabilities as a result of any negligent activities of
the Consultant, its agents or employees only.
10.02 The Consultant agrees to provide within fourteen days of the execution of this contract proof of
and limits to an insurance policy addressing errors and omissions. Such insurance shall be
reviewed by the MPO or its representatives as to applicability to the Work Plan. The MPO may
request rider(s) or other proof that elements contained in the Work Plan are addressed to
satisfaction of the MPO.
ARTICLE XI
GOVERNING LAW
11.01 This contract shall be governed by the law of the State of Texas and all obligations hereunder of
the parties are performable in Wichita County.
ARTICLE XII
AMENDMENT
12.01 No provision of this contract shall be deemed waived, amended, or modified by either party unless
and until such waiver, amendment, or modification is in writing, approved by the MPO, before
additional work may be performed or additional costs incurred which will be eligible for
reimbursement, and signed by the party against whom it is sought to be enforced.
12.02 Changes in the objectives or cost of the work as approved in the latest approved UPWP must be
submitted in writing and must be approved by the MPO before additional work may be performed
or additional cost incurred which will be eligible for reimbursement.
ARTICLE XIII
PRECEDENCE OF AGREEMENT
13.01 This contract constitutes the sole and only agreement between the parties hereto for FHWA
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Section 112 funds and/or FTA Section 5303 funds and/or funds provided under contract with the
TxDOT, and supersedes any prior understanding, written or oral, between the parties respecting
the matters herein contained.
ARTICLE XIV
GENDER
14.01 Words of any gender used in this contract shall be held and construed to include any other gender,
and words in the singular number shall be held to include the plural, unless the context requires
otherwise.
ARTICLE XV
LEGAL CONSTRUCTION
15.01 In case any one or more of the provisions contained in this contract shall for any reason be held to
be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceable
provision shall not affect any other provision hereof and this contract shall be construed as if such
invalid, illegal, or unenforceable provision had never been contained herein.
ARTICLE XVI
SANCTIONS
16.01 In the event the Consultant does not accomplish Exhibit A and is unable or unwilling to provide
satisfactory cause to the MPO as to the reasons and/or justifications for not accomplishing the
work, the MPO reserves the right to impose one or both of the following sanctions on the
Consultant:
a. Retain a percentage of current and/or future reimbursements to the Consultant until the
Consultant satisfactorily completes the work. The percentage to be retained will be
determined by the MPO.
b. Require a reimbursement from the Consultant of funds expended under this contract in an
amount not to exceed the amount reimbursed to the Consultant in the study which the
Consultant has failed to satisfactorily complete. The exact amount to be reimbursed to the
MPO will be determined by the MPO.
ARTICLE XVII
OWNERSHIP OF WORK PRODUCT
17.01 It is agreed that the MPO, TxDOT and the US DOT shall own any and all information in
whatsoever form and character produced in accordance with this contract. It is expressly agreed
that the information, data, written information, or other work produced, collectively "the work ",
which is produced pursuant to this contract shall be considered a work made for hire, having been
specifically ordered or commissioned for use as a contribution to a collective work, as a
supplementary work, as a compilation, or as an information, and/or other work produced under
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this contract shall be furnished to the MPO upon request.
17.02 The MPO, TxDOT and the US DOT shall, with regard to any reports or other products produced
under this contract, have the royalty -free, non - exclusive and irrevocable right to reproduce,
publish, or otherwise use, and to authorize others to use the work for government purposes.
17.03 The Consultant agrees to not release data or information about the results of the study to any
person outside the MPO without first obtaining written authorization to release such information
from the MPO.
ARTICLE XVIII
ACKNOWLEDGMENT OF FUNDING SOURCE
18.01 The Consultant shall give credit to the US DOT, TxDOT, and the MPO as the funding source in
all oral presentations, written documents, publicity, and advertisement regarding any activities
which ensue from this contract.
ARTICLE XIX
PROHIBITED INTEREST
19.01 No member of or delegate to The Congress of the United States shall be admitted to any share or
part of the contract or to any benefit arising herefrom. No member, officer, or employee of the
City of Wichita Falls, Wichita Falls Transit System or the MPO during his tenure or one year
thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof.
ARTICLE XX
INSPECTION OF WORK
20.01 The MPO, The State of Texas, and the US DOT, and any authorized representative hereof, have
the right at all reasonable times to inspect or otherwise evaluate the work performed or being
performed hereunder and the premises on which it is being performed.
20.02 If any inspection or evaluation is made on the premises of a subcontractor, the Consultant shall
provide and require his subcontractor to provide all reasonable facilities and assistance for the
safety and convenience of the inspectors in the performance of their duties. All inspections and
evaluations shall be performed in such a manner as will not unduly delay the work.
ARTICLE XXI
NONCOLLUSION
21.01 The Consultant warrants that it has not employed or retained any company or person, other than a
bona fide employee working for it to solicit or secure this contract, and that it has not paid or
agreed to pay any company or person, other than a bona fide employee, any fee, commission,
percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the
award or making of this contract. If the Consultant breaches or violates this warranty, the MPO
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shall have the right to annul this contract without liability or, in its discretion, to deduct from the
contract price or consideration, or otherwise recover the full amount of such fee, commission,
brokerage fee, gift, or contingent fee.
ARTICLE XXII
POLITICAL ACTIVITY AND LOBBYING
22.01 No funds provided under this contract may be used in any way to attempt to influence in any
manner a member of Congress to favor or oppose any legislation or appropriation by Congress, or
for lobbying with State and local legislators.
ARTICLE XXIII
DEBARRED BIDDERS
23.01 The Consultant, including any of its officers or holders of a controlling interest, is obligated to
inform the MPO whether or not it is or has been on any debarred bidders list maintained by the
United States Government. Should the Consultant be included on such a list during the
performance of this study, it shall so inform the MPO.
ARTICLE XXIV
ENERGY POLICY
24.01 Contracts shall recognize mandatory standards and policies relating to energy efficiency which are
contained in the State energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (P.L. 94 -163).
ARTICLE XXV
CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT REQUIREMENTS
25.01 The Consultant agrees to comply with all applicable standards, orders, or requirements issued
under Section 306 of the Clean Air Act (42 USC 1857 (h), Section 508 of the Clean Water Act (33
USC 1368), Executive Order 11738, and the United States Environmental Protection Agency (US
EPA) requirements (40 CFR, Part 15), which prohibits the use under nonexempt Federal contracts,
grants, or loans, of facilities included on the US EPA list for Violating Facilities. The Consultant
shall report violations to FTA and the US EPA Assistant Administrator for Enforcement
(EN0329).
ARTICLE XXVI
COMPLIANCE WITH LAWS
26.01 The Consultant shall comply with all Federal, State, and local laws, statutes, ordinances, rules and
regulations and the orders and decrees of any courts or administrative bodies or tribunals in any
matter affecting the performance of this contract including, without limitation, workers
compensation laws, minimum and maximum salary and wage statutes and regulations, and
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licensing laws and regulations. When required, the Consultant shall furnish the MPO with
satisfactory proof of its compliance therewith.
ARTICLE XXVII
SUCCESSORS AND ASSIGNS
27.01 The MPO and the Consultant each binds itself, its successors, executors, assigns and
administrators to the other party to this contract and to the successors, executors, assigns and
administrators of such other party in respect to all covenants of this agreement. Neither the MPO
nor the Consultant shall assign, sublet, or transfer his/her interest in this agreement without written
consent of the other.
ARTICLE XXVIII
SIGNATORY WARRANTY
28.01 The undersigned signatory for the Consultant hereby represents and warrants that he /she is an
officer of the organization for which he /she has executed this contract and that he /she has full and
complete authority to enter into this contract on behalf of his/her organization.
ARTICLE XXIX
NOTICES
29.01 All notices hereunder shall be deemed given when either delivered in person or deposited in the
United States mail, postage prepaid, certified mail, return receipt requested, addressed to the
appropriate party at the following address:
If to the MPO:
Steve Seese
MPO Director of Transportation
1300 Seventh Street
P.O. Box 1431
Wichita Falls, Texas 76307
If to the Consultant:
Wm. 'Bill" L. Johnson, Jr.
Dallas Aerial Surveys, Inc.
10220 Forest Lane
Dallas, Texas 75243 -5123
EXECUTED IN DUPLICATE ORIGINALS THIS THE L� DAY OF A.D. 1997.
FOR HITA FALLS OPOLITAN PLANNING ORGANIZATION
J es A. Berzfna, City M&
i
FO El AS SUR S, INC.
Signature
Printed Name
Title
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EXHIBIT A
SCOPE OF PROJECT AND PROCEDURE
A. Aerial Photography
Conditions During Photograph
Vertical photography shall be flown during the period when deciduous trees are barren, and when
the sun angle or elevation is not less than 30 degrees above the horizon. Photography will not be
undertaken when the ground is obscured by snow, haze, fog or dust. The photographs shall not
contain objectionable shadows caused by relief or low solar altitude.
Flight Plan:
Flight lines shall be oriented along the longest dimension of the project area; shall coincide with
the centerline of each tier of the City's existing maps; and shall be flown continuously across the
project area.
Endlau:
Photography used in the development of digital orthography shall have an endlap of no less than
55 percent and no more than 65 percent and shall average 60 percent to ensure stereoscopic
coverage of the entire map area.
The coordinate position of each aerial negative shall be predetermined and exposed from the on-
board GPS guidance system. Mean flight height shall not exceed 6,600 feet above terrain.
Sidela .
Sidelap shall be approximately 30 percent from flight line to flight line, and in no case be more
than 35 percent or less than 25 percent.
Aerial Camera:
The aerial camera shall be a Wild RC -30 or equivilant precision aerial mapping camera, and have
been calibrated and tested by the U.S. Geological Survey (USGS) within 24 months prior to the
date of photography.
Camera and Lens:
The aerial camera shall be a precision aerial mapping camera equipped with a low distortion, high
resolution lens. The calibrated focal length of the lens shall be 153 millimeters t 3 millimeters
(six inch focal length). The characteristics of a nominal 6 -inch camera shall be as follows:
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a. Focal length, 153 t 3.0 mm Universal Aviogon, Pleogon A, or equivalent.
b. Useable angular field, at least 90 degrees.
Aerial Film:
The black and white aerial film shall be a fine grain, high speed photographic emulsion on a
dimensionally stable base. The film must be stored and handled in accordance with the
manufacturer's instructions. The Contractor's technical proposal should list the type of film-being
used for this project.
Timing of Photography:
The photography shall be taken prior to the budding of deciduous trees. Photography shall be
accomplished during the highest sun angle period of the day, approximately between 10:00 a.m. to
2:00 p.m., to reduce shadows.
B. Photo Laboratory Procedures
General:
All films and materials to be processed shall be in accordance with the film manufacturer's
recommended procedures for processing and developing.
Image Quality:
Images on the aerial negatives shall be clear and sharp in detail and free from light streaks, static
marks, scratches, and other blemishes. Special care should be exercised to ensure proper
developing and thorough fixing and washing of all film. Special care should be exercised to
prevent distorting the film during processing or drying. Film shall be exposed and processed with
a target density range of 1.0 ± 0.2 as measured in the neat image areas of each roll of film.
Minimum density should not be less than 0.3 and the maximum density should not be greater than
1.5 as measured with a densitometer with a scale range of 0 to 3.0. All fiducial mark images shall
be clear and sharp.
Film Labeling:
Each exposure shall be clearly labeled by mechanical means in ink, or foil transfer if using a film
titler, at the edge of the negative just inside the image area on the north edge for north -south
flights, or on the west edge for east -west flights. This labeling shall be at least 3/16 of an inch in
height and shall include the following information as a minimum:
Date of Photography
Scale of Photography
Job Number
Flight Strip
Exposure Number.
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C' Field Control Survey
General:
The Contractor shall propose a horizontal and vertical control plan sufficient to control the
aerotriangulation.
Accuracy Specifications:
All GPS surveys shall be performed by a Texas Registered Professional Land Surveyor and
according to the specifications in "Geometric Geodetic Accuracy Standards and Specifications for
Using GPS Relative Positioning Techniques ", Version 5.0, August 1, 1989, published by the
Federal Geodetic Control Committee (FGCC). These points must have orthometric heights,
referenced to North American Vertical datum 1927.
D. Fully Analytic Aerial Triangulation (FART)
General:
The Contractor must use Fully Analytic Aerial Triangulation (FART) methods to extend and
densify ground control.
Mensuration:
Mensuration must be done on equipment that is capable of 2 micron of intrinsic accuracy. This
stereoplotter must be calibrated within 30 days before the commencement of point mensuration. A
Wild PUG -4 or equivalent must be used for point - marking and transfer.
Software:
The fully analytic triangulation solution should be calculated using industry- standard software
packages such as Rapid Analytical Block Aerial Triangulation System (RABATS) and the Bundle
Refinement Aerial Triangulation Solution (BRATS) software packages. The solution must be
achieved from a full bundle adjustment.
E. Digital Orthophotography
General:
The digital orthophotographs shall be produced to match the City's existing 1" = 200' scale map
sheets. There are 92 existing maps.
Several types of input are required to produce an orthogonally rectified image from the original
perspective image captured by the aerial camera. Among these are:
a. The unrecified digital (rastor) image file acquired from scanning the diapositives;
b. A Digital Elevation Model (DEM) with the same area coverage as the rastor image;
15
C. - Photoidentifiable ground control or stereo -pug points on the image and their ground
coordinates (a minimum of nine per photo) acquired from ground surveys or
aerotriangulation; and
d. The camera calibration information.
These four inputs are used collectively to register the raw image file mathematically to the scanner
and/or to the sensor platform, to determine the orientation and location of the sensor platform with
respect to the ground, and to remove the relief displacement from the image file.
Image Scanning:
A Helava DSW200 PhotoScanner or equivalent shall be used to scan the diapositive such that a
one foot ground pixel resolution can be achieved.
The Contractor shall use the City of Wichita Falls' topographic map files to produce the DEMs
that will be used to generate the digital orthophotos.
Image Rectification:
The relevant and accepted DEM data will be merged with the original digital image, ground
control and orientation parameters. A complete differential rectification will be achieved utilizing
a specifically developed set of algorithms that remove image displacement due to topographic
relief and the tip and tilt of the aircraft at the moment of exposure. The Contractor shall use the
cubic convolution resampling technique for resampling the image during rectification.
Image Radiometry:
Image brightness values shall be represented by 256 gray levels and represented by a number in a
range of 0 -255. A value of 0 shall represent the color black and a value of 255 the color white; all
intermediate values are shades of gray varying uniformly from black to white. Areas where the
rectification process is incomplete due to incomplete data (i.e. lack of elevation data, gaps), shall
be represented with a numeric value of 0.
Image Mosaics:
Mosaicking of images will not be permitted.
Accuracy:
All ground level features on the final digital orthophotos must meet horizontal National Map
Accuracy Standards (NMAS). The NMAS specify that 90 percent of the well - defined points
tested must fall within 1/40 of an inch at V = 200' map scale. All remaining inputs and processes
(i.e. aerotriangulation control and methodology, scanner calibration, and sensor calibration) used
in digital orthophoto production must be significantly accurate to ensure that the final product
meets NMAS.
16
Accuracy and Scale Check:
Each digital orthophoto image shall be checked for accuracy on screen.
All control points (control panels or photo - identifiable points) that are visible on the aerial
photography shall be measured on screen and the X, Y coordinates will be displayed. This
information shall be cross - referenced with the X,Y information provided by the original ground
survey.
Planimetric data shall be overlaid (geo- referenced) to the digital orthophoto image as a vector file,
which shall serve as an additional on- screen check for accuracy and scale of the digital orthophoto.
Image Qualily Check:
Each digital orthophoto image shall be checked and corrected to ensure a property and consistent
tone, as well as density, contrast, and brightness qualities. The ortho images shall be edge -
matched with care to maintain consistent image qualities.
File Structure:
All digital files will match the City of Wichita Falls' existing sheet layout. Each sheet will cover
4,000 feet in the north -south direction, and 6,000 feet in the east -west direction. File names will
be determined at the time of contract award. All sheets shall be orthogonal shapes, with North
oriented to the top of the sheet. The differentially rectified (digital ortho) image shall be output
with a pixel resolution of one foot.
Format:
Digital file outputs shall be untiled Tagged Image File Format (TIFF) Group 4 (Aldus Standard)
and compatible with the City's AutoCAD release 13. This deliverable data shall be delivered to
Landata GEO Services, 7511 Jackwood Drive, San Antonio, Texas 78238 in a form and format
compatible with the hardware and software configurations employed by Landata GEO Services.
The Contractor will provide technical support to Landata Geo Services on the installation,
rectification, or other such process needed to insure accuracy, position and use of the data for what
it is intended.
17
CODE'OF- ORDINANCES
TO ALLOW :THE OPERA -
TION OF A•TRANSIENT
,SHOW=AT;THE -NOTRE
DAME -,HIGH'SCHOOL
-21ST--ANNUAL SPRING
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-WHICH THIS ORDINANCE
WAS PASSED•WAS OPEN
TO THE.PUBLIC AS RE-
QUIRED BY LAW.:::
`,ORDINANCE NO.22 -97
ORDINANCE WAIVING
SECTION 22.r.1(a)(9) OF
f'THE'CODE'OF ORDI-
.NANCES'TO PERMIT
SIGNS7IN.`JAYCEE PARK
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Affidavit of Publication
THE STATE OF TEXAS
COUNTY OF WICHITA
On this 19th day of March
A.D.... 19 ..... personally y a ppeared before me, the undersigned authority
Pat Chamberlain bookkeeper
for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls
Times/Record News, a newspaper published at Wichita Falls in Wichita County,
Texas, and upon being duly sworn by me, on oath states that the attached
advertisement is a true and correct copy of advertising published
in one (1) issues thereof on the following dates:
ORDINANCE AUTHORIZ=
ING:THECITY_MANAG -_
Marcft 16 1997
:ER TO;EX.ECUT.E:A
"CON- FRACTMITH•THE
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AND W ITH
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Bookkeeper for Times Publishin g Company
TRANSPORTATION `FOR_
DISCRETIONARY.:FUNDS,;
$
of Wichita Falls
AND'" APPROPRIATING'
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FINDING AND DETER-;
rp
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ubscribed and sworn to before me this the day and year first above written:
Y Y
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ORDINANCE N0.24 -97
ORDINANCE MAKING AN
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AIR FORCE BASE' : ? 41
,- ,ORDINANCE N0:25 -97.1,
ORDINANCE! REZONING
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L'AND ADDITION FROM
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WAS PASSEVWAS OPEN
'TO THE PUBLIC'AS RE-
QUIREDBYLAW i -,-
ORDINANCE N0.27.97
ORDINANCE:-.WAIVING
SECTION.5 -59:OF THE
CODE OF. ORDINANCES
WHICH PROHIBITS GIV-
ING ANIMALS AS PRIZES
OR INDUCEMENTS
-:: ORDINANCE NO.28 -97 `.
AN ORDINANCE AUTHO-
ORDINANCE MAKING AN
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`FUND TO " ASSIST' IN SUP
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=s ORDINANCE NO 25 -97, .
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ZONING- '(CASE'R 97 -01);
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QUIRED BYLAW
`7�MRDINANCE NO. 26 97 -
:ORDINAN,CEUVA1VING_
OF ORDINANCES, FOR
THE P.ROPOSED.NEW
HARVEST:CHURCH, -1401
RED FOX DRIVE;'FIND-
ING AND DETERMINING
THATTHE.MEETINGAT"
WHICH THIS ORDINANCE.
WAS PASSED'WAS OPEN
TO THE
PUBLIC `AS.RE
QUIRED BYLAW
ORDINANCE NO. 27-97 .'s7: �*
ORDINANCE- WAIVING'
SECTION_5 -59:OF THE
CODE- OF.ORDINANCES
WHICH.PROHIBITS GIV-
ING ANIMALS AS PRIZES
OR INDUCEMENTS `'- = `
— ORDINANCE ORDINANCE NO.28 -97 -'
AN ORDINANCE AUTHO-
RIZING THE_CITY.MAN•.
AGER'TO EXECUTE A
CONTRACT.WITH DAL-
LAS AERIAL'SURVEYS
TO PROVIDE AERIAL
PHOTOGRAPHY.AND
DIGITAL ORTHOPHO-
TOGRAPHY AND APPRO-
PRI.A`T'IN -GTTHE
NECESSARY MONEY
FROM THE TEXAS DE-
PARTMENT OF TRANS -
PORTATION; FINDING
AND DETERMINING
THAT THE MEETING AT
WHICH THIS ORDINANCE
WAS PASSED WAS OPEN
TO THE PUBLIC AS RE
QUIREDBYLAW
r-
Affidavit of Publication
THE STATE OF TEXAS
COUNTY OF WICHITA
On this 19th day of March
1997
AM ........ ..... personally appeared before me, the undersigned authority
Pat Chamberlain bookkeeper
for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls
Times /Record News, a newspaper published at Wichita Falls in Wichita County,
Texas, and upon being duly sworn by me, on oath states that the attached
advertisement is a true and correct copy of advertising published
in one (1 ) issues thereof on the following dates:
March 16 1997
- /�- d2&L -
Bookkeeper for Times Publishing Company
of Wichita Falls
ubscribed and sworn to before me this the day and year first above written: