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Home My WebLink AboutContract 26714CiTY SECRETARY� r/ ��NTfiACT N4. � /� LItY1ITED RIGHT OF ITSEAGREEMENT CONTRACTOR INSTRUCTIONS The following steps must be taken in order to release CFW Digital Orthophotography to a CFW Third Party Contractor. , 1. Fill out a LIMITED RIGHT OF USE AGREEMENT for each project request — even if it is an extension of an area for which a request has been previously submitted. 2. The requesting company must get the agreement signed (three originals) by an authorized representative of their company. According to City of Fort Worth policy, this must be a vice-president or higher. We �vill return to you a final agreement after all signatures are secured at the City. 3. Please return the contract (all three originals) to your key contact in the department you are providing services to. 4. Please make payment arrangements with the CFW department you are working with. IT Solutions will bill them for this product and these services. (Usually this is a$2� fee to burn the CD and 1/2 hour of analyst time at $70/hour to process this.) 5. When the department receives the contract they will forward it to the GIS Division of IT Solutions. Once received by GIS, a CD will be burned of the � requested tiles. 6. CFW GIS will contact you when the CD is ready to be picked up. Please call Kathy Winters, GIS Manager, at 817-871-8435 with any questions. �i �'.��UU�<<��l�iL�YU;��VUS� d �r �' C��]��I°,? �� :,�� C LS v U�� ! �� o Cr'�"Jr'��! �C�o ,,.—� _..,�� LIMITED RIGHT OF USE AGREEMENT This LIMITED RIGHT USE AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT `VORTH ("City"), a home rule municipal corporation situated in portions of Tarrant and Denton Counties, Texas and carter & Burgess, znc. ("Contractor"). The following statements are true and correct and form the basis of this Agreement: A. The City has procured and is maintaining City-wide digital orthophotography ("Orthophotography") to support geographic land base development and other GIS implementation activities. B. Contractor has entered into a contract with the City to perform services in connection with that certain project entitled FM156 - Allianee Runway Extension Project - Phase 1 ("Project"). Contractor acknowledges and agrees that the Project contract shall be in addition to and incorporated as part of this Agreement for all purposes. Contractor requires the use of the Orthopliotography in order to carry out its services to the City under the Project. The City is willing to grant Contractor use of the Orthophotography, subject to the terms and conditions set forth in this Agreement. NOW, THEREFORE, the City and Contractor hereby agree as follows: 1. SPECIFICATIONS. 1.1. The Orthophotography covers approximately 650 square miles and includes Tarrant County and portions of Collin and Denton Counties, Texas, including the City in its entirety. The Orthophotography is partitioned into areas in the form of map tiles, each of which is 12,000 feet by 8,000 feet. 1.2. The Orthophotography, with 0.5 meter pixel resolution, was produced from 1"=2,800' scale photography acquired from a controlled aerial survey at a flight altitude of 17,300 feet above ground elevation (1994-95 data) and 10,200 feet for a 1997 update. The Orthophotography has a horizontal root-rnean-square-error equal to or less than 1.0 meter. The horizontal accuracy requires that two-thirds of all photo-identifiable points fall within 1.0 meter and 90 percent of all photo-identifiable points within 2.0 meters. 1.3. Street centerlines, railroads, and water bodies constitute a ra�v vector planimetric database derived from the 1994-95 data. The vectors were developed as part of the digital orthophotographic rectification process and as such represent raw vector data wit$ no attributes attached. The vectors are positionally accurate to the underlying digital orthophotographic base with horizontal accuracy as described in Section 1.2 of this r._.-,_.--_--_==--_=_ �._—, ,'��U��C�� G'��p . �0�'�� d Q� � . 11 �o � U��:'�pU9 �L7!/N5 Agreement. An associated coverage depicting NAD 83 Texas State Plane Coordinate grid tics was produced. 1.4. The DiDital Elevation Model ("DEM") was generated from the 1994-95 1"=2800' scale photography. The DEM has 90% of the points vertically accurate to �vithin 1.0 meter. This allows the creation of topographic maps that accurately depict 2.0 meter contour intervals. The terrain model consists of 3-D break lines and spot elevations. The optional street edges data was captured as ra�v vectors with no attributes attached. The vectors are positionally accurate to the underlying digital orthophotographic base with horizontal accuracy as described in Section 1.2 of this Agreement. 1.5. Tl:e City is grantiftg Contractor the use of the Ortlioplcotograpl:y as a courtesy to Cantractor. Contractor sl:all use tl:e Ort{iophotograp/cy only as an aid and not in lieu of otlier industry standards that would ordinarily be employed by Contractor in tl:e performat:ce of its dirties, obligations and services rrnder tlie Project. Contractor understands and agrees tl:at tlie Ortliopliotograplcy may not be accurate enorr;h or current enou;lr for Contractor to rely solely on tl:e Ort{:op/:otograpky in tl:e performance af its duties, obligations aftd services under t/te Project. Con�ractor sliall be liabCe for any damages, errors, omissions based upon scrcli reliance. � 2. GRANT OF USE AND DATA COPYRIGHT AND DISTRIBUTION. 2.1. Contractor is hereby granted a limited right to use the Orthophotography which includes street centerlines, railroads and water bodies for the specified map tiles. This Agreement also applies to the limited use of the DEM and street edges database over the same geographic area. The list of map tiles applicable to this Agreement is provided in Exhibit 1, entitled Coverage Area, which is attached hereto and hereby made a part of this Agreement for all purposes. 2.2. The City shall retain copyright ownership of the Orthophotography. 2.3. The Contractor shall use the Orthophotography for the sole purpose of fulfilling tasks associated with the Contractor's obligations under the Project. Upon completion of such project or upon the City's written request, Contractor shall completely erase all electronic copies of the Orthophotography. 2.4. Contractor shall not reproduce and/or distribute the Orthophotography or any of its associated data in printed, electronic or any other form �vithout the City's written consent and direction. Contractor further agrees to ensure that the Orthophotography is not reproduced and/or distributed in printed, electronic or any other form by any other P�Y• . u��B��:� G'��C�G'D �� C�� G?��G"�`� 2 �(u V;1`,�i�L��JU.a..�lSUUo _ 3. LIABILITY AND INDENINIFICATION. CONTRACTOR SHALL BE LIABLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, AND ALL CLAIMS, DEMANDS AND JUDGI�IENTS THEREFOR, TO THE EXTENT CATISED BY THE NEGLIGENT ACT(S) OR OMISSION(S) OR INTENTIONAL NIISCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS A1VD/OR EMPLOYEES. CONTRACTOR, AT CONTRACTOR'S Oyi'N COST OR EXPENSE, HEREBYAGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND/OR EMPLOYEES FROM AND AGAINST ANY CLAIM, LAWSUIT, DEMAND OR OTHER ACTION TO THE EXTENT THAT THE SAIYiE ARISES, IN WHOLE OR IN PART, FROM THE NEGLIGENT ACT(S) OR O�YIISSION(S) OR INTENTIONAL 1l�IISCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, SHALL NOT BE LIABLE TO CONTRACTOR OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQ UENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR IISE, INCURRED BY CONTRACTOR OR ANY THIRD PARTY, WHETHER INANACTIDNIN CONTRACT OR TORT, EVEN 1'F ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 4. ENTIRE AGREEMENT. The terms of this Agreement shall not be waived, altered, modified, supplemented, or amended in any manner except by written instrument signed by an authorized representative of both the City and Contractor. This Agreement, including Exhibit 1 and any other documents incorporated herein by reference, cQnstitutes the entire understanding and agreement between the City and Contractor as to the matters contained herein. Any prior or contemporaneous oral or �vritten agreement is hereby declared null and void to the extent in conflict with any provisions of this Agreement. The signature below of an authorized representative acknowledges that the Contractor has read this Agreement and agrees to be bound by terms and conditions set forth herein. IN WI�_NESS WHEREOF, the parties hereto have executed this Agreement on this � day of `�'I'�l �wi_ -- � � f> ` . _�._ —z_ _ _ __ J�ll UU':;IIUV�, Ila'��5'�JN1LJ ��;��?� ;�� p ��;�,r��; t�� A �� :, �� _�;. CTTY OF FORT �VQRTH: ,� � � - `� By; ; �; , C azles Boswell ` Assistant �ity Manager A � � t � � �' � �� By: - �' �-_ . City Sec�etary " � J - Z� / APPROVED AS TO FORM AND LEGALITY: CONTRACTOR: Carter & Buraess, Inc. Name of Contrac� _ , / / ,, B: �� - --�-�.-. Az�thoriz�jd Signature Printed NCrme: Fred H. Evans, P. E. Title: Senior Vice President ATTEST: A B • � y, �. f �. , ,. ,�S . $y; ��- 4�� I'� Assist t City Attorney`��'-�=:µ r��,-�-ti', �� -f� �( M & C: none required _ ��8��.�� G°�D �� ti �� G��1� ��,� �^ �,�.? .,_ F �L�W a ( � �i r'ti' �`� o .��:i I,._ II IrJ EXHIBIT 1 Covera.�e Area The follo`ving tiles are hereby released for the eYclusive use of the follo�ving project: 0 PROJECT NAME: �r�j>� -.�fi C'O � Tiles: -%/�� %� — �O .� 2 2C G�; — �o C� 12 S.S �g — Cv� � l f�'S 28 — o� � ��/5 2g �-- lv�i ��5 z � � lv� �-s �� 3 - l�C> 0 F: �.�,,. � O�� . i '�:'!r(�`l�u'��is G'��U��D , �0''�' ��!��I' �1T , '�Yc ,' �,�, i, ; `��; � U �� +'.: � � UL�G\�n � �,. l . i!L � �__....--: ---- -�-_.�, ....._.