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HomeMy WebLinkAboutbocc.con.110.2017 f '`1^ Pitkin County Citt ` r Contract Cover Sheet Please complete the Contract Cover Sheet when the contract is completed and signed by Contractor/Vendor and Pitkin County Project Lead. Return all Contract Cover Sheets and Contracts/Change Orders/Amendments to Procurement (procurement helps Opitkincounty.com) Any contracts$50,000 and over will be routed for signatures to County Manager and Attorney's Office(if required)by Procurement& Contracts Manager Contract Information Contract Number 110.2017 Project Name LIDAR Data and Derivative Products Processing Contractor Merrick& Company Budget Line Item S Additional Budget Line $ Item(s) $ (Please fully allocate New $ Contract Total) $ Contract Start Date 3/7/2017 Contract End Date 6/16/2017 Automatic Renewal Yes ❑ No® If Construction Retainage Yes$ or % No© If this is a new contractor. please request they complete and submit to Finance a W-9 Form Contact Information: Department BITS Project Manager John Loyd Project Manager (9701920-5211 Phone Provide a brief description of the contract: Processing of LIDAR data and derivative products of 12 square mile section of the county. Contract Value Summary: Original Contract Amount $6,500.00 Previous Change Order/Amendment Amount(ifapphcablc) $0.00 This Change order/Amendment amount(if applicable) $ 0.00 New Contract Total S 6,500.00 Procurement Method: None ® Informal❑ Formal ❑ Sole Source D Itmergenc) D Contract Renewal D Contract Type: Sen ices/Maintenance LN Construction ❑ Goods, Equipment, Supplies D Change Order/Amendment D Other, please explain D Click here to enter text NOTE: CI FRITS OFFICE Will. KEEP ORIGINAL DOCUMFNTS IN COMPLIANCE WITH COLORADO STATE ARCHIVES RH AIN AGF SCHEDUI F. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST. Contract#110 2017 Rev,s1"n 02/13/2017gm Budget Line Item# 1N COI)NT81 • (. » PITKIN COUNTY CONTRACT FOR PROVISION OF SERVICES LIDAR DATA AND DERIVATIVE PRODUCTS PROCESSING THIS CONTRACT, made March 8, 2017 by and between the Board of County Commissioners of Pitkin County, Colorado, 123 Emma Rd , Suite #106, Basalt, CO 81621, (hereinafter called the "County") and Memck & Company, 5970 Greenwood Plaza Blvd, Greenwood Village, CO 80111 (hereinafter called the "Contractor") to perform the following work- Processing LiDAR Data and Derivitrve Products ("Project"). I Perm of Contract The term of this contract is from March 7, 2017 to June 16, 2017. II. Contractor's Obligations. Contractor shall provide the services for processing LiDAR data and derivative products for the approximately twelve square mile(12 mi.) section of the County. Contractor shall perform the services described in Exhibit A. III. Compensation and Expenses, Invoicing, Payment and Offset. The County shall compensate Contractor for its services in accordance with the Project Budget and Schedule set out in Section II. It is expressly understood and agreed that in no event will the total compensation and reimbursement to be paid hereunder exceed the sum of six thousand five hundred dollars and zero cents ($6,500.00) for all services rendered. By contract or amendment, the County and Contractor may reallocate the budget among project tasks if the total budget amount remains unchanged Contractor shall invoice for the project monthly based on hours worked, with payment expected within thirty(30) days of invoice. Any payment by the County may be offset by any amount the Contractor owes the County in connection with performance of this Contract for any reason. IV County's Exclusive Ownership of Work Product Drawings, specifications, guidelines and other documents prepared by Contractor in connection with this contract shall be the property of the County. However, Contractor shall have the right to utilize such documents in the course of its marketing, professional presentations,and for other business purposes. Contractor assigns to County the copyrights to all work prepared, developed, or created pursuant to this contract, including the right to. 1) reproduce the work; 2) prepare derivative works; 3) distribute copies to the public; 4) perforin the works publicly, and 5)to display the work publicly. Contractor shall have right to use materials produced in the course of this contract for marketing purposes and professional presentations, articles, speeches and other business purposes. 1 Contract 110 2017 Rewsmn O2/13/2017kim Budget Line Item q V Pitkin County's Obligations Pitkin County shall administer this contract through a County Representative.John Loyd,Chief Technology Officer will manage the project as the County's Representative. In the event that John Loyd is not available,an alternate person will be identified and!' shall assume the County Representative's duties. The services provided and products delivered by the Contractor under this contract will be subject to review by the County's Representatives, or a designee, for compliance with Contractor's obligations prior to final payment. VI. Termination Priot to Expiration of Contract Term The County has the right to terminate this contract,with or without cause,by giving written notice to the Contractor of such termination and specifying the effective date thereof Such notice shall be given at least ten (10) days before the effective date of such termination. In such event all finished or unfinished documents, data, studies and reports prepared by the Contractor pursuant to this contract shall become the County's property. Contractor shall be entitled to receive compensation in accordance with the contract for any satisfactory work completed pursuant to the terms of this contract prior to the date of termination. Notwithstanding the above, Contractor shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the contract by the Contractor. VII. Independent Contractor Status. A. The parties to this contract intend that the relationship between them contemplated by the contract is that of independent contractor. Contractor, and any agent, employee, or servant of Contractor shall not be deemed to be an employee, agent, or servant of Pitkin County B. Contractor is not required to offer his services exclusively to Pitkin County under this contract Contractor may choose to work for other individuals or entities during the term of this contract, provided that the basic services and deliverable products required under this contract are submitted in the manner and on the schedule defined under this contract. C Contractor represents that all services performed will conform to all applicable industry standard of care, skill and diligence exercised by professionals practicing in the same locality and specialty under the same or similar conditions in the performance of Contractor's obligations under this contract. D. Contractor shall not attempt to oversee or supervise the work or actions of any Pitkin County employee, servant or agent in the course of completing work under this contract. E. Contractor is not entitled to any Workers' Compensation benefits through Pitkin County and is responsible for payment of any federal, state. PICA and other income taxes 2 Contract H 110 2017 Revs'on 02/13/201Na) Budget Line Item# VIII. Assignability. This contract is not assignable by either party. Any use of subcontractors by the Contractor for performance of this contract must be accepted in writing by the County. IX. Severability. In the event that any provision of this contract shall be held to he invalid or unenforceable, the remaining provisions of this contract shall remain valid and binding upon the parties hereto. X. Integration and Modification. A. This contract represents the entire and integrated contract between the County and the Contractor and supersedes all poor negotiations, representations, or contract, either written or oral. This contract may be amended only by wntten contract signed by both the County and the Contractor. B. The County may, from time to time, request changes in the scope of services of the Contractor to be performed hereunder. Such changes, including the increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon between the County and the Contractor, shall be in writing and upon execution shall become part of this contract. Xl. Indemnity. A. The Contractor agrees to indemnify, hold harmless and, not excluding the County's right to participate, defend the County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees. agents, volunteers, and any jurisdiction or agency issuing permits for any work included in the project, hereinafter referred to as indemnitee, from all suits and claims, including reasonable attorney's fees and cost of litigation, actions, loss, damage, expense, cost or claims of any character or any nature ansing out of the Contractor's negligent work done in fulfillment of the terms of this Contract or breach of this Agreement or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract,the Contractor agrees to waive all rights of subrogation against the County its subsidiary, parent, associated and/or affiliated entities, successors,or assigns,its elected officials, trustees, employees, agents,and volunteers for losses arising from the work performed by the Contractor for the County. The Contractor's duty to defend the County under this Agreement shall not extend to claims covered by Contractor's professional liability policy required by this Contract. The extent and limitations of insurance coverage required by this Agreement shall not he affected in any way by this paragraph XI.A B. The Contractor further shall investigate, process, respond to, adjust, provide defense for and defend, pay or settle all claims, demands,or lawsuits related hereto 3 Contract if 110.2017 Revision 0.7a32017gm Budget Line Item p at its sole expense and shall bear all other costs and expenses related thereto, even if the claim, demand or lawsuit. C. Notwithstanding the foregoing subparagraphs of this paragraph XI, C'ontractor's duty to defend and indemnify shall arise at the time a claim against the County is made, or at the outset of litigation against the County, and shall not he delayed pending the resolution of the merits of the claim or suitor the liability of the parties thereto. XII. Insurance. Contractor and subcontractors shall procure and maintain until all of their obligations have been discharged, including warranty periods, if any, under this Contract are satisfied, insurance against claims for injury to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives. employees or subcontractors. The insurance requirements herein are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. The policies shall include, or he endorsed to include, the following provision: On insurance policies where the County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent,maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. Commercial General Liability Completed Operations coverage must he kept in effect for up to three (3) years after completion of the project A Coverage and Limits of Insurance. Contractor shall provide coverage with limits of liability requirements provided that the coverage is written on a"following form" basis. 1) Statutory Workers' Compensation' Colorado statutory minimums a. Policy shall contain a waiver of subrogation against the County. b. This requirement shall not apply when a contractor or subcontractor is exempt under Colorado Workers' Compensation Act AND when such contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Statutory 4 Contract if 110 2017 Rems,on 02/13/2017km Budget Line Item# Coverage B (Employers Liability) $ 500,000 $ 500,000 $ 500,000 2) Commercial General Liability-- ISO ICG 0001 form or equivalent. (IIith County named as an additional insured) Minimum Limits: General Aggregate $ 2,000,000 Products/Completed Operations Aggregate $ 2,000,000 Each Occurrence Limit $ 1,000,000 Personal/Advertising Injury $ 1,000,000 Fire Damage (Any One Fire) $ 50,000 Medical Payments (Any Onc Person) $ 5,000 Coverage to include: • Premises and Operations • Explosions, Collapse and Underground Hazards • Personal /Advertising Injury • Products/ Completed Operations • Liability assumed under an Insured Contract(including defense costs assumed under contract) • Independent Contractors • Designated Construction Project(s) General Aggregate Limit, ISO CG 2503 (1997 Edition or equivalent) • Additional Insured—Owners, Lessees or Contractors Endorsement, ISO Form 2010 (2004 Edition or equivalent) • Additional Insured—Owners, Lessees or Contractors Endorsement, ISO CU 2037 (2004 Edition or equivalent) • The policy shall he endorsed to include the following additional insured language on the Additional Insured Endorsements specified above: "County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations". 31 Auto Liability. Bodily injury and property damage for any owned. hired and non-owned vehicles used in the performance of this Contract. Minimum Limits: Statutory Coverage Bodily/Property Damage(Each Accident) $ 1,000,0(1 ) 4) Special Coverages (cheek ac appropriate and insert aneount). 5 Contract#110.2017 aev's,on 02113.201 Alm Budget Line Item# a 0 Performance Bond S b. /. Professional Errors and Omissions c. 0 Aircraft Liability d. 0 Owner's Protective e ❑ Builder's Risk f. 0 Boiler and Machinery g. 0 Loss of Use Insurance h. 0 Pollution Liability i 0 Crime, including Employee Dishonesty Coverage, or Fidelity Bond B. Proof of Insurance: I) Each insurance policy required by the Insurance provisions of this Contract shall provide the required coverage and shall not be suspended, voided oI canceled except after thirty(30)days prior written notice has been given to the County, except when cancellation is for non-payment of premium, then ten (10) days prior notice may be given. Such notice shall be entailed directly to Procurement Helnralntkmcounty coin. If the insurance carrier will not provide the required notice, the Consultant/Contractor and or its insurance broker shall notify the County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days of receipt of insurers' notification to that effect. Simultaneously with the Certificates of Insurance, the Contractor shall file with the Project Lead a certified statement as to claims pending against the required coverages, reserves established on account of such claims, defense costs expended and amounts remaining on policy limits. 2J In addition, these Certificates of Insurance shall contain the following clauses. a. The contractor's insurance shall be primary and non-contributory with any insurance or self-insurance purchased by the County. b. The insurance companies issuing the policy or policies hereunder shall have no recourse against the County of Pitkin for payment of any premiums or for assessments under any form of policy. c. Any and all deductibles or self-insured retentions in the above- described insurance policies shall be assumed by and be for the amount of, and at the sole expense of the Contractor d. Location of operations shall be: "all operations and locations at which work for the referenced Project is being done." 3) Certificates of Insurance for all renewal policies shall be delivered to the County's Representative at least fifteen (151 days prior to a policy's expiration date except for any policy expiring on the expiration date of this contract or thereafter. 6 Contract#110.2017 Revision 02/13/201710m Budget Line Item it 4) The County reserves the right to request and receive a copy of any policy and any policy endorsement at any time during the term of this contract. XIII. Exemptions and Preferences. All purchases of construction or building or any other materials for this contract shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. Pitkin County is exempt from such taxes under registration numbers 98-02624 and 84-78000-5k. XIV. Records. The Contractor shall maintain comprehensive, complete and accurate books, records, and documents concerning its performance relating to this contract for a period of three (3) years after final payment under the contract and the County shall have the right within the three(3) year period to inspect and audit these hooks, records and documents, upon demand, in a reasonable manner and at reasonable times, for the purpose of determining, by accepted accounting and auditing standards, compliance with all provisions of the contract and applicable law. XV. Contract Made in Colorado. The parties agree that this contract was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. XVI Attorney's Fees. In the event that legal action is necessary to enforce any of the provisions of this contract, the substantially prevailing party shall he entitled to its costs and reasonable attorney's fees. XVII. Governmental Immunity Contractor agrees and understands that Pitkin County is relying on and does not waive, by any provision of this contract, the monetary limitations or terms Ipresently $150,000 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, 24-10-101, et seq., C.R.S., as from time to time amended, or otherwise available to Pitkin County or any of its officers, agents or employees. Further, nothing in this contract shall be construed or interpreted to require or provide for indemnification of the Contractor by the County for any injury to any person or any property damage whatsoever which is caused by the negligence or other misconduct of the County or its agent or employees XVIII Current Year Obligations.The parties acknowledge and agree that any payments provided for hereunder or requirements for future appropriations shall constitute only currently budgeted expenditures of Pitkin County. Pitkin County's obligations under this contract are subject to Pitkin County's annual right to budget and appropriate the sums necessary to provide the services set forth herein. No provisions of the contract shall constitute a mandatory charge or requirement in any ensuing fiscal year beyond the then current fiscal year of Pitkin County. No provision of the contract shall he construed or interpreted as creating a multiple-fiscal year direct or indirect debtor other 7 Contract#11a2017 RevJcion 01/13/20l7kim Budget Line Item# financial obligation of Pitkin County within the meaning of any constitutional or statutory debt limitation. This contract shall not directly of mdiiectly obligate Pitkin County to make any payments beyond those appropriated for Pitkin County's then current fiscal year. No provisions of this contract shall be construed to pledge or create a lien on any class or source of Pitkin County's moneys, nor shall any provision of this contract restrict the future issuance of Pitkin County's bonds or any obligations payable from any class or source of Pitkin County's money SLY. Notice. Any notice required or permitted under this Agreement shall be in writing and shall he hand-delivered or sent by registered or certified regular mail, postage pre- paid to the addresses of the parties as follows. Each party by notice sent under this paragraph may change the address to which future notices should be sent Electronic delivery of notices shall also be deemed sufficient and considered delivered upon receipt of confirmation of delivery on the part of the sender. To Pitkin County. with copies to John Loyd Pitkin County Attorney's Office 123 Emma Rd., Suite#106 123 Emma Rd., Suite #204 Basalt, CO 81621 Basalt, Colorado 81621 Email. John.Loyd(a)PitlunCounty.com Email: Attomeyutpitkincounty.com To Contractor: Merrick & Company 5970 Greenwood Plaza Blvd Greenwood Village, CO 80111 Phone: (303) 751-0741 Email: doug.Jacoby(iamemck.com XX. Public Contracts for Services and Public Contracts with Natural Persons In conformance with the provisions of C.R.S §§ 8-]7.5-101, et seq , as amended and C.R.S. §§ 24-76.5-101, et seq , as amended. A. PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101, et seq. C.R.S. 'Not applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services] Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Contract and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Contract, through participation in the E-Verify Program established under Pub. L 104-208 or the State verification program established pursuant to §8-175-10215)(c), C.R.S., Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a Subcontractor that fads to certify to Contractor 8 Contract#110 2017 aevrsion 02/13/20171gm Budget Line Item# that the Subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor (i) shall not use E-Verify Program or State program procedures to undertake pre-employment screening of job applicants while this Contract is being performed, (ii) shall notify the Subcontractor and the contracting State agency within 3 days if Contractor has actual knowledge that a Subcontractor is employing or contiacting with an illegal alien for work under this Contract, (iii) shall terminate the subcontract if a Subcontractor does not stop employing or contracting with the illegal alien within 3 days of receiving the notice, and (iv) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to §8-17.5-102(51, C.R.S., by the Colorado Department of Labor and Employment. If Contractor participates in the State program, Contractor shall deliver to the contracting State agency, Institution of Higher Education or political subdivision, a written, notarized affirmation, affirming that Contractor has examined the legal work status of such employee, and shall comply with all of the other requirements of the State program. If Contractor fails to comply with any requirement of this provision or §§8-17.5-101 e( seq., C.R.S., the contracting State agency, institution of higher education or political subdivision may terminate this Contract for breach and, if so terminated, Contractor shall be liable for damages. B. PUBLIC CONTRACTS WITH NATURAL PERSONS. §§24-76.5-101,et.seq., C.R.S. Contractor,if a natural person 18 years of age or older,hereby swears and affirms under penalty of perjury that lie or she (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law. (ii) shall comply with the provisions of §§24- 76.5-101 et seg., C R.S., and (iii) has produced one form of identification required by §24-76.5-I03, C R.S. prior to the Effective Date of this Contract XXI. Force Majeure. Neither party shall be in default of its obligations to the other party if performance is prevented or delayed by an existing or future force majeure condition beyond the reasonable control of a party to this Contract including,without limitation„ act of God, meteorological phenomenon, Sc'ere weather, fire, flood, earthquake, civil disobedience, riot,wars or armed conflicts, shortage of labor or materials, insurrection, embargo, electromagnetic interference, explosion,sabotage,epidemic,emergencies,or natural disasters.'Me affected party shall he entitled to equitable adjustment in schedule and/or fee fru such delay. 9 Contract k 1102017 Reviver; 02/I3/2017pm Budget Line Item 0 IN WITNESS WHEREOF,the parties have executed this Contract as of the date first set out herein above. Meygick& Coplpany (_,�tdd�lu{GtY(A/fl2r✓//� May 23, 2017 Sig t re V Date Doug Jacoby Geomatics - GSS Practice Lead Printed Name Title PITKIN COUNTY, COLORADO RECOMMENDED FOR APPROVAL: Joh oyd ��-�, —� Date 7- IF ADDIT S • UNON-STANDARD LANGUAGE ADDED: as , I TIl s a3 ti Richard Y'r 'i r II, Assistant County Attorney Date 10 Exhibit A A.1 Statement of Services & Project Description. In accordance with the provisions of Article I. Merrick agrees to perform the services described below(desenbe in detail, services not described are not included in the scope of servues and not implied by course of conduct or custom in the industry,or otherwise) Prosect Description&Schedule Unless otherwise stated, the LIDAR mapping requirements and deliverables will meet the Quality Level Two (QL2) standards as outlined in the USGS-NGP 1 dor Base Specifications, Techniques and Methods 17—B4, Version 1?. November 2014 (TMI1-B4) (hau ',nubs uses gov'tnvl lMIpditml l-B4pdf) QL2 LiDAR specifications suggest an Aggregate Nominal Point Density(ANPD)of greater than or equal to two points per square meter(62ppsmt,of less than or equal to seven-tenths of a meter 1-(1 71 ml Aggregate Nominal Point Spacing 1 ANPS) • Project area 3- Approximately 11 90 square miles • Referred to as the City of Aspen"doughnut hole" • Intersects with 55 rectangular(3,(1011' s 3,000')project tiles See Figure 1 for an illustration Enure I i I i • LIDAR-only acquisition Ptevmmly uimpleted as a part of the 2016 Colorado\Vater Conservation Board project - Fried-wing platform • LiDAR • USGS Qi2 specs icatmns • Per USGS-NGP Lidai Base Specifications. Techniques and Methods II -B4, Version 12, November 2014(TMI 1-B4) r http.'muhs usgs.mv;tnt'l Ib4'nditnrl I-B4 odf • Optech Pegasus I1A500 • 5t2ppsm ANPD • 5-071m ANPS i Vertical accuracy(absolute NVA) • clOcnr RMSEz • - 19 6cm at the 9546 confidence level(Accuracy) + LiDAR checkpoint survey Previously completed as a part of the 2010 Colorado Water Conservation Board project ✓ Projection—Colorado State Plane Coordinate System,Central Zonc(HPSZONE 0502) . Horizontal Datum-North American Datum o11983(NAD 83).National Adjustment ul2011 (NA_2(1I I) . Vertical Datum - North American Vertical Datum of 1988(NAVD MM), GEOIDI2A for convening ellipsoid heights to arthometric elevations Units US Survey Foot C. LiDAR post-processing Laser Ir Inertial Measurement Unit(IMU) Airborne GPS(AGPS) + LiDAR calibration'boresight Relative accuracy • -6a11 Smooth surface repeatability • <8cm RMISD, • +16cm maximum difference + LIDAR classification(ASPRS LAS 1 4) Muunum standards as outlined in TM11-B4 • Class 1 =Unclassified • Class 2=Bare-earth Ground • Class 7—Low point(noise) • Class 9=Water • Class 10=Ignored ground(near a breakiinel • Class 17=Bndge decks • Class l8=High noise .• Hydro-flattening breaklme collection ✓ Minimum standards as outlined in T11111-B4 • Waterbodies • >2 acres - Inland Streams and Risers • >100'nominal width • Islands • >1 acre • Permanent • All hydro-flattening breaklines requires monotomerty C. NO planimetne feature collection + Contour interpolation • interpolate too-foot(2')contours ✓ NO collection of any additional breaklines • interpolate from the hydro-flattened LiDAR ground ▪ Smoothed(automated) I. Minimal edits Simple attribution • Index • Int.-iltd(ate + QAIQC ✓ Per GSS QMS Deliverables C. Minimum standards as outlined in TMI I-B4 + Classified LAS(ASPRS LAS 1 41 . By the intensity value,normalized to 16-bit • ilvdra-oattened breakl ures Project-wide Esri feature cla„(c4 or shapetilel s) + I m cell sic 32-hot DEM development in LRDAS IMG format ✓ Bare-earth(hydro-11attcncd) • Culverts will not be removed from the DEMs • Bridges will he removed from the DEMs By tile Two-foot(.2')contours i Project-wide Esn feature class(es l or shapetilet sl FGDC-compliant metadata(project level) Schedule Merrick will attempt to submit deliverables within fourteen(14)calendar days of contract execution Al Payment Provisions. Merrick will perform and deliver the services outlined in Section A.I for the Lump Sum Fee of$6,500,00 Except where the payment provisions above provide or require otherwise. Merrick shall submit invoices to Client on a periodic basis with a summary of services performed m accordance with Mernck's standard invoicing practices. Payment is due upon presentment of an invoice. Invoices not paid within thirty(301 days of presentment(except any portion of an invoiced amount in dispute and resolved in fax or of Client) shall accrue interest at the rate of 15 percent per month, compounded annually Interest shall he calculated from the date of an invoice,with payments credited first to interest and then to principal.Timely payment by Client to Memck is a material part()lithe considerationof this Agreement Ilpayment is withheld,Merrick may suspend sen ices or terminate this Agreement without incurring liability to Client or others for damages,including incidental,special,indirect.or consequential damages.In the ex ent of an action to enforce the payment terms and conditions of this Agreement,Memel(shall be awarded the costs and expenses of such action,including attorney fees, expert witness and consulting fees, and the value of Mcmck's time and expenses spent in connection with such collection action,computed according to Mcmck's prevailing fee schedule and expense policy