NSPS Fall Meetings Address National and State Issues

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The National Society of Professional Surveyors (NSPS) fall meetings took place, as is customary, the last weekend in Sep-tember at the Holiday Inn adjacent to the building that hous-es NSPS headquarters in Gaithersburg, Md. I arrived early on Thursday, September 24, and departed on Sunday morning, September 27. The following is a brief synopsis of the events and meetings I attended. For more details on any of these items please do not hesitate to contact me.

Approximately 60 NSPS governors and executives attended Lobby Day and met with their states’ senators to present our concerns. This was my first opportunity to attend Lobby Day and I’m sure it will not be my last. The day started with my

President’s MessageRight of EntryRamblings by ChuckIndemnification2010 Conference Schedule Workshops Registration

Inside39

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Pennsylvania Society of Land Surveyors News

by Robert Miller, PLS

first experience with Washington metro. Be-tween the shuttle bus to the metro station and the train/subway ride into Washington, the ride lasted roughly 35 minutes.

For those of you who have never walked the halls of the Senate buildings, the feelings you are left with are ones of awe and pride. The buildings are majestic in their marble and sandstone.

Prior to my trip to Washington, Laurence Soc-ci, government affairs consultant for American College on Surveying & Mapping (ACSM), had arranged for me to meet with staff of Sens. Casey and Specter. Socci briefed each senator on the major topics we would be discussing so that the pertinent staff member could be assigned to meet with us. The two major topics we discussed were preservation of railroad monumentation and Trig-Star funding.

At the spring meetings in Salt Lake City, pro-posed legislation was developed to address our preservation of railroad monumentation. Socci has been meeting with numerous House and Senate committee staff to promote the bill. Many senators believed this bill had something to do with statues! The main opposition has been that congressmen have not heard from people in their districts about it, and do not know how it specifically affects their district and state. We need your help. Through the meetings during Lobby Day, several state senators have come for-ward to sponsor a bill.

Earlier this year, a request was made to earmark funding for Trig-Star through the office of Con-gressman Van Hollen. Although he considered Trig-Star to be an important project, there were

Continued on Page 4

Lobby DayThursday, September 24

OfficersRichard L. Phillips, PLS, PresidentWilliam L. Lehman, PLS, President-ElectDavid H. Artman, PLS, Vice PresidentThomas J. Morganelli, PLS, SecretaryByron W. Rimmer, PLS, TreasurerEmil A. Bove, PLS, Past PresidentRobert R. Miller, PLS, NSPS Governor

State DirectorsAllegheny Heartlands ChapterGerald L. Pastva, PLS & Norman S. Van Why, PLSBucks ChapterDonald E. Rife, PLS & Adam Crews, PLSDelaware Valley ChapterThomas Phillips, PLS & Karl E. Kreigh, PLSHarrisburg ChapterThomas W. Kimmel, PLS & Milton H. Davis, PLSLaurel Highlands ChapterRichard R. Bourg Jr., PLS & Charles L. Zelenak Jr., PLSLehigh Valley ChapterWilliam J. Beitler, PLS & Allison Bradbury, PLSMid-State ChapterFred M. Henry, PLS & Charles M. Colony, PE, PLSNorth Central ChapterJames E. Pahel, PLS & Charles G. Lang, PLSNortheast ChapterBrent L. Birth, PLS & J. Frederick Friden, PE, PLSNorthwest ChapterJeffrey P. Gilmore, PLS & Edward E. Northrop, PLSPocono ChapterStephen E. Lesher, PLS & Paul A. Waters, PLSReading ChapterJohn G. Fuehrer II, PE, PLS & Merlyn J. Jenkins, PLSSouth Central ChapterL. Bradley Foltz, PLS & Thomas Farcht Jr., PLSSouth Pocono ChapterLawrence R. Bailey, PLSSouthwest ChapterNorm J. Landsperger, PLS & Kevin P. Hannegan, PLSSusquehanna ChapterPeter J. Uhl, PLS & Frederick J. Rankinen, PLS

PSLS StaffAndrew J. Hilt, Executive Vice PresidentShari L. Taylor, Assistant Executive DirectorKate C. Sherman, Director of Communications/ Member ServicesLaurie L. Troutman, Administrative Assistant

The Pennsylvania Surveyor is published quarterly by the Pennsylvania Society of Land Surveyors (PSLS). Ar-ticles or opinions expressed in this publication do not necessarily reflect the viewpoints of PSLS, but are pub-lished as a service to its members, the general public, and for the betterment of the surveying profession. Ar-ticles may be reprinted with due credit given.

We welcome submissions via e-mail in MS Word format. Please forward to ksherman@psls.org or call 717.540.6811.

Pennsylvania Society of Land Surveyors2040 Linglestown Road, Suite 200

Harrisburg, PA 17110 P: 717.540.6811 F: 717.540.6815

www.psls.org

Pennsylvania Society of Land Surveyors

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PSLS extends a warm thank you to President Rick Phillips

for his service to the Society in 2009!

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Extending Thanks for Your Support in 2009

It is hard to believe that it is December 2009 already. It seems like this year went way too fast. The course of events since August 19 when Lara was re-diagnosed with terminal cancer had a tremendous impact on my ability to focus on PSLS. I want to thank everyone who filled in the gaps while I took care of my daughter and provided support for Amy and Melissa.

Our family was genuinely touched by all the cards of condo-lence. Your words of encouragement were very special during that time. For your information, more than $3,700 has been donated to the Healing Touch. A number of surveyors, some

The following was presented as the President’s Report at the December 4, 2009, PSLS Board of Directors Meeting.

Richard L. Phillips, PLS, is president of ASH Associates in Kimberton, Pa.

who are here today, were at the Celebration Service. Again, your presence meant a great deal to us.

The 40th year celebration was a huge success. Un-fortunately, some of the founders were not able to attend because of sickness and unforeseen changes in their schedules. It was a great time and all who attended came away feeling good about the evening.

Unfortunately, I was not able to fulfill my goal to visit all of the chapters. However, I am very thankful for the opportunity to visit the other chapters.

I want to pledge my support for Bill as he assumes leadership in January. I believe we have some good leaders coming up in the next few years. We all need to join together and see beyond the hard times.

Thank you for your support this year. Nothing would have been accomplished without your encourage-ment and input.

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by Richard L. Phillips, PLS

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Feature Article

many more earmark requests that were “district cen-tered,” and Trig-Star would have to wait. However, through numerous positive encounters with staff from around the country (some of whom had par-ticipated in Trig-Star), many more congressmen and senators are aware and ready to move forward to as-sist this venture.

This day is typically set aside for committee meet-ings. Unfortunately, with 13 meetings scheduled be-tween 8 a.m. and 6 p.m., it is impossible to attend all the meetings you would like. I attended, either in en-tirety or a portion of, the following meetings: NSPS/ALTA Committee; NSPS Foundation, Inc. Trustees Meeting; NSPS Trig-Star Committee; and Great Lakes Regional Council. I have included a synopsis of each meeting:

NSPS/ALTA CommitteeOver the course of the last two meetings, discussions have dealt with the suggested changes accumulated since the last revision in 2005. The latest draft has been prepared addressing some of these comments as well as reorganizing the standards into a more logical presentation. The next version will definitely not be a rewrite of the content. The committee con-sists of nearly 70 individuals from all over the coun-try. Along with their comments, Gary has had the committee address comments from the thousands of surveyors who have attended seminars he has pre-sented.

NSPS Foundation, Inc. Trustees MeetingDiversification was the main topic of discussion for the Foundation trustees. The current balance of as-sets in the Foundation is $650,797, with the majority of the monies earning very little interest in CDs and money markets. Representatives from Smith Barney gave a presentation on how we could become pru-dent investors. Continued on Page 6

Continued from Page 1

MeetingsFriday, September 25

BLM CeremonyThe Bureau of Land Management (BLM) held a program and reception to unveil the new Survey Manual of Practice on Thursday at 4 p.m. at its of-fice at the Department of the Interior. Approxi-mately 70 people attended this event that marked the first time the manual was amended in 30 years.

They are currently looking at the best possible scenario for diversifying our funds. Whereas the spring conference is in Phoenix, we are once again planning on sponsoring a golf tournament to benefit the Foundation.

In 2009, the Foundation provided 14 scholarships amount-ing to more than $23,000. A few of the scholarships have not been presented due to students not meeting the require-ments or the lack of applications. An ad hoc committee was formed to look into improving participation through better communications with schools.

NSPS Trig-Star CommitteeThe Trig-Star Committee was very upbeat coming off of the success of Lobby Day. Several senators are going to be help-ing to earmark grants for Trig-Star. Quality time was spent in updating the 2005 Strategic Plan to create the Trig-Star Strategic Plan for 2009-2014. With 80 percent of the 2005 goals met, the committee set its sights on total state par-ticipation, a fully funded scholarship fund, and expanding to incorporate all of North America.

Following the submittal of only two applications for the 2008 Trig-Star scholarship, it was decided that a massive push by all coordinators would occur to better publicize the scholar-ship. Currently, the scholarship in the amount of $5,000 is granted to a high school student who submits an application and essay, is enrolled in a collegiate survey curriculum, and has participated in the Trig-Star program.

Great Lakes Regional CouncilThis council consists of governors from Connecticut, Illi-nois, Indiana, Iowa, Maine, Michigan, Minnesota, Montana, New Hampshire, New Jersey, New York, North Dakota, Ohio, Pennsylvania, South Dakota, Vermont, and Wiscon-sin. These meetings consist of round-robin discussions of state-specific membership status, economic conditions, edu-cation, and legislation. Yes, it is bad all over (except the Da-kotas where the natural gas rights are keeping the surveyors busy—all 300 of them).

Usually at these meetings at least one topic of discussion ends in the preparation of a motion to be presented to the Board of Governors, whereby the council endorses an issue that has been brought to the floor. Two of these motions were prepared, one being the endorsement of the motion to develop & publish a crises management manual, the other to endorse the motion to grant exhibit hall passes to NSPS governors.

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Feature Article

NSPS Board of GovernorsSaturday, September 26

Continued from Page 4

1. Call to Order – 8:30 a.m. 1.1 OperatingRules 1.1.1 Name and State When Addressing Group 1.1.2 Cell Phone Policy - $100 to Governors Trig-Star Scholarship Fund2.RollCall/Proxies/DeclarationofQuorum 47 present; 9 absent3.ApprovalofDayReport–SaltLakeCity,Utah–February21,20094.IntroductionofGuests 5.AdditionsandApprovalofAgenda6.Reports6.1through6.207.OldBusiness–TrackingofPriorBusinessoftheNSPSBoardofGovernorsandactiontakenbytheNSPSBoardofDirectorsonthemotionspassedbytheNSPSBoardofGovernors 7.1MachineControl/Guidance Update from the Ad Hoc Committee to develop a position statement on machine control and machine guidance. Committee was appointed with the following members: Mike Maxwell, Paul Burn, Matt Vernon, Alan Dragoo, and Kim Leavitt, with Carl C. De Baca (NSPS Area 9 Director) offering his assistance. Research is being gathered and sorted 7.2ElectronicVoting Motion made to NSPS Board of Directors that chairman of Board of Governors appoints five Governors to a committee to study the feasibility of implementing electronic voting in NSPS elections. Debra Anderson (Mont.) and Mark Sargent (N.H.) volunteered for this committee; BoG chair has not appointed additional members (See New Business) 7.3NSPSMembershipProposal Motion made to NSPS Board of Directors on membership proposal from NSPS Membership Committee was passed by BoD 7.4ExhibitHallPasses Motion made to NSPS Board of Directors that exhibit hall passes be provided to NSPS governors, directors, committee members and affiliate executive directors was passed by BoD. This will be done on a meeting-by-meeting basis dependent on partner participation. This will be done on an annual basis by the Conference Committee. 7.5CrisisManagementManual Motion made to NSPS Board of Directors that a committee be formed to develop and publish an NSPS Crisis Management Manual that would cover issues such as flood and water damage, adverse weather, health hazards, death and dismemberment, fire and financial disasters Motion amended to assign this duty to the NSPS Private Practice Committee and passed by BoD11:57recessforlunch–BillColemangaveapresentationonSkillsUSA 8.NewBusiness 8.1BoardofGovernorCommitteeAppointments (Smith) – Appointed today Current standing committees and governors serving (2 year term): Affiliate of the Year and Surveying Excellence (4 Governors) Expires spring 2010: David Schmitz (Neb.) and Stephen Gould (Maine) Expires spring 2011: Need 1 Governor * Excellence in Journalism and Student Project (4 Governors and ACSM Editor) Expires spring 2010: Steve Corley (Ark.) and Rick Howard (Conn.)

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Expires spring 2011: Craig Amey (Mich.) and Tim Burch (Ill.) Map/Plat Contest (6 Governors) Expires Spring 2010: Don Bengel (Indiana), Cotton Jones (Wyo.) and Matt Vernon (Calif.) Expires Spring 2011: Tim Burch (Ill.), Henry Dingle (S.C.) and Bob Miller (Pa.) Other Committees (Term Varies) Electronic Voting (5 Governors) Debra Anderson (Mont.), Mike Maxwell (Fla.) and Mark Sargent (N.H.) Need 2 Governors * Student Competition (1 Governor) 3-Year Term – Need 1 Governor * 8.2 National Surveyor Week Poster Competition (Smith) Discussions at the Executive Committee meeting have led to a competition to create a poster for the National Surveyors Week, the winning poster to be exhibited at the Surveyors Museum. Start 2011. 8.3 Policy on Board of Governors Day Report (Smith) Within 30 calendar days after the end of the annual and semi-annual meetings of NSPS, both the Board of Governors, the minutes (formerly Day Report) shall be distributed via e-mail to directors, governors, ACSM delegates and affiliate presidents, executive directors and newsletter editors. 8.4 FOI Requirement Tulsa District Corps of Engineers (Corley) Motion: Request that the Board of Directors draft a letter to the Tulsa District Corps of Engineers asking them to stop the routine practice of requiring a Freedom of Information Request for boundary plats 8.5 GPS as Surveying (Amey) Motion: Request the NSPS Board of Directors to enter into discussions with other ACSM member organizations to develop a document of understanding about when measurement with GPS is a surveying service 8.6 NSPS Membership Proposal (Freemyer) Motion: The Board of Governors request that the Board of Directors support the attached letter in compliance with membership proposal passed as motion item 8.2 in Salt Lake City

9.AssignmentofMotionsandActionItemstoTaskCommittees10.JointLuncheon – 12-1:30 p.m.11.TaskCommitteeBreakoutSessions – 1:30-2:30p.m.12.ReportsandRecommendationsfromTaskCommittees – Voting on issues Motions 8.4, 8.5, and 8.6 all passed unanimously13.Elections/Presentations 13.1 Governor Service Award Presentation 5 Years: Michael H. Maxwell (Florida), John E. Freemyer (Minnesota), David L. Schmitz (Nebraska), Nelson B. Douglass (West Virginia), Thomas D. Drury (Rhode Island), Paul Burn (Nevada) 13.2 Key Governor Presentation: Spring 2009, Salt Lake City, Utah – Steven P. Douty 13.3 Key Governor Vote – Fall 2009 – Gaithersburg, MD – Frank Lenik 13.4 Election of Chair of Board of Governors for 2010-2011– incumbent retained 13.5 Election of Secretary of Board of Governors for 2010-2011 – incumbent retained14. GoodoftheOrder 14.1 Governor’s Trig-Star Scholarship Contribution: $40 – $1,280 was collected15. Adjournmentat 2:49 p.m.

Years ago, an issue of the Delaware Association of Surveyors’ newsletter, First State Surveyor, contained an article authored by Knud Hermansen, PLS, PE, PhD, Esq. The article titled Surveyor’s Right of Entry Laws listed 27 states that had en-acted right of entry or “no trespass” legislation.

Another report, the NSPS Right of Entry Committee Re-port of September 2006, also lists 27 states with some type of right of entry law in favor of the surveyor.

To risk quoting out of context, Hermansen stated in the First State Surveyor article, “For those surveyors practicing in states that do not have a right of entry law, consider ad-vocating for one.” In the years since, several other states have seen the wisdom of enacting this legislation to protect the surveyor, and to protect the public by providing access to adjacent tracts to gather sufficient field evidence to facilitate re-establishment of boundaries based on the best available evidence.

Our neighbor to the north, New York, has recently passed a right of entry bill (see http://www.nysapls.org/displaycom-mon.cfm?an=1&subarticlenbr=31). This bill has reasonable requirements placed on the surveyor relative to notification of adjoiners, a point often belabored by those dragging their feet in support of this proactive legisla-tion.

As society continues to quicken its pace, we become less hospitable and re-sent others invading our “space.” Sev-eral persons in our chapter have had confrontations by neighbors relative to access. One resulted in firewood be-ing thrown by the head of an instru-ment person as he was leaving the par-cel. While doing a rural farm boundary in Lancaster County a “new” neighbor, originally from New Jersey, residing in an adjoining lot within a strip of lots, harassed a crew for walking along the rear of his lot while within the farm boundary, and then called the office to vent further.

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Right (or Wrong) of Entryby Tom Farcht Jr., PLS

Tom Farcht Jr., PLS, is a registered land surveyor in Pennsylvania, Delaware, Maryland, New Jersey, Vir-ginia, and West Virginia. He is a member of the South Central Chapter.

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I, and many others, believe that the passage of a Pennsylvania right of entry bill with reasonable no-tification requirements is a long overdue pro-active measure to protect the surveyor and his or her cli-ent’s right of a thorough survey in a society that is becoming less and less amicable. Is this self serving or wrong? Overall, I think not. As evidence gather-ers in an increasingly litigious atmosphere, we need assurance of access to adjacent tracts to gather evi-dence where and when necessary and protection from trespass.

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Ramblings by Chuck

Defining Surfaces

As mentioned in the previous article, the geoid is the equipotential gravity surface on which all of our elevations are referenced, and an equipotential sur-face is a surface where the force times distance is a constant. Gravity provides the force and the distance is the height above this surface defined along the plumb line of our instrument. As shown in Figure 1, the plumb line is a curved line going to the mass center of the Earth. It is common to think of eleva-tion as purely a distance above this surface, but this would ignore that fact that the gravitational pull of the Earth is not a constant. To understand this last statement, we must recall a little physics and look further into the effect of the spin of the Earth.

Sir Isaac Newton defined the pull of the gravity as

(1)

where G is the universal gravitational constant, M and m are the two attractive mass, and ∆R is the distance between these masses. Since the mass of the Earth is a constant, the combined constant for GM is accepted as 3,986,004,418×1014m3s−2 with the GRS 80 ellipsoid. In this discussion the mass of the Earth can be thought of as a point mass at the center of the Earth and ∆R is the distance from this mass.As shown in Figure 1, these surfaces converge at the poles. To understand why this occurs we have to look at one of the motions of the Earth, which is its spin.

The spin of the Earth causes a centrifugal force, which coun-teracts the pull of gravity. The surface velocity caused by this spin is given by

(2)

where v is the surface velocity, ω the angular velocity of the Earth, and r the radial distance from the spin axis as shown in Figure 2.

The surface velocity will change with latitude. It is greatest at the equator and zero at the poles. Simply put, at the poles the surface velocity is zero since we are on the spin axis, and it increases as we move toward the equator where the radial distance is the greatest. You can view this phenomenon by dipping a top in water and then spinning it. The water will fly off it with the greatest velocity and distance at the widest lo-cation on the top. However, water will simply run down the top at its tip since only gravity is pulling on it. From this we see the combined effect of these forces results in the pull of gravity being greatest at the poles and weakest at the equa-tor. A gravity model for the conterminous U.S. (CONUS) is shown in Figure 3. Note how the elevation of both the Appalachians and Rockies changes the gravity values. Grav-ity is measured in the units of cm/s2, which is defined as 1 gal where gal is named after the famous Italian astronomer Galileo.

by Charles D. Ghilani, PhD

v = ωr

Figure 2 Angular velocity at surface.Figure 1 Equipotential surfaces of the Earth.

Continued on Page 12

Figure 3 Isogonic lines for gravity in the conterminous U.S.

(Courtesy of NGS)

Equipotential surfaces are defined by their ability to do work. From physics, this means that for all points on any equipo-tential surface

(3)

Since gravitational pull increases as we move to the poles, the distance a particular surface is from the mass center of the Earth must decrease to maintain this constant. The con-vergence of these surfaces has a direct impact on our level-ing. As shown in Figure 4, when we level our instrument we create a horizontal plane with our line of sight. However, if we look in either a northerly or southerly direction, the equi-potential surface will diverge from our line of sight. This oc-curs because we are measuring only one of the two necessary components to determine orthometric heights. We are mea-suring the change in distance, but not the change in gravity. Not only this, but we also need to know the average gravity between the two surfaces since the separation of the surfaces changes with change subsurface gravity. A theoretical aver-age gravity value can be obtained using the Prey reduction, which is (4)

where g is the average gravity at a location, g is the gravity as determined at the surface, and H is the orthometric height of the location. If we combine equations (3) and (4), we see that the geopotential number for any location is given by

(5)

where H is the orthometric height of the station and g the surface gravity at the station.

Figure 4 Leveling in a southerly direction.

I doubt if any of us has a gravity meter to determine the surface gravity. Fortunately, all is not lost. Since the change in gravity is relatively small for a local survey, the error due to the convergence of the sur-faces is less than the observational errors of our lev-eling, and thus is not readily discernable. However, if we level in a long north-south direction starting at one benchmark and closing on another, part of the misclosure error in our survey is caused by the convergence of these surfaces.

How can we remove the effects of gravity without knowing gravity? Fortunately, the NGS data sheets provide us with enough information to determine the leveling height difference between any two sta-tions. To demonstrate this, I will use the previously cited station near our southern border and another

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force×distance = constant

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Ramblings Continued from Page 11

station near our northern border. This will demon-strate the procedure as well as the size of the error across the Commonwealth. The basic plan is to de-termine the geopotential number C for each bench-mark, and then determine their differences in height by dividing by the average of the gravity values at each station. The station I selected near the south-ern border of our state is JU1852, which is in Ches-ter County, PA. An excerpt from this data sheet is shown in Figure 5. JU1852 has a NAVD 88 eleva-tion of 168.953 m and a modeled gravity value of 980,120.2 mgal. From these two values and Equa-tion (5), we can determine the geopotential number for this location as

(6)

where C is the geopotential height of station JU1852 in units of kgal-m, and 1,000,000 was introduced into Equation (4) to convert mgal to kgal. Using Equation (6), we can determine the geopotential height of station JU1852 as

Thus the equipotential surface passing through this station has a constant value of 165.5955 kgal-m. This is known as the geopotential number C for the equi-potential surface. The problem with this value is the mix of length and gravity units. To get around this mix of units, the NGS uses a theoretical value for gravity at 45° latitude of 980.6199 gal for the GRS

80 ellipsoid. The dynamic height HD reported on the data sheet is defined as

From the data sheet, we see that the dynamic height for this station is 168.868 m. Dynamic height is strictly theoretical. But it does have the advantage of having only length units, and the fact that any two points with the same dynamic height are on the same equipotential surface.

So if we perform a long north-south differential leveling line, how can we remove the effects of the convergence caused by varying gravity values without actually measuring them? The answer to this question lies in the data that the NGS provides us. As previously shown, the geopotential number of JU1852 was 165.5955 kgal-m. A point near our northern border is NB1565, which is in Tioga County, NY, near Pennsylvania’s northern border. The NAVD 88 height for this station is 273.667 m with a modeled gravity of 980,229.8 mgal. Mak-ing the appropriate substitutions into Equation (6) yields a geopotential number for the surface passing through the sta-tion of

This means that the difference in geopotential numbers is 268.2597 − 165.5955, or 102.6642 kgal-m. To get the level-ing height difference we simply need to divide this difference

by the average of the two surface gravity values at the stations or* (see equation at bottom of page).

Note that if we had simply used the NAVD 88 or-thometric heights as reported on the data sheets, we would have computed a difference of 104.799 m. This means the difference in the equipotential sur-faces at the northern and southern borders of our state is 5.8 cm or 0.19 ft. Of course, it must be re-membered that is over a distance of about 159 mi for a precision of about 1:4,396,000. Yes this dif-ference is small, but it exists, can be computed, and can be removed so that only true leveling errors are adjusted.

Unfortunately most surveys do not run from NGS benchmark to NGS benchmark. Assuming that the

orthometric heights of your benchmarks are accurate, how can you get the gravity values for these stations? Well first you must have a good approximate latitude and longi-tude for each benchmark. This can be obtained by careful scaling off of a USGS quadrangle map sheet or by code-based GPS. With these positions in hand, go to the NGS geodetic toolkit. This suite of software packages has one that will predict the surface gravity for any location in the United

Figure 5 Excerpt from datasheet for LY1353.

*

Charles Ghilani, PhD, is a professor of engineering in the B.S. Surveying Engineering and A.S. Surveying Technology programs at Penn State, Wilkes-Barre. He holds a Ph.D. and M.S. in Civil and Environmental Engineering from the University of Wisconsin-Mad-ison, and a B.S. degree in mathematics and education from the University of Wisconsin-Milwaukee. He has been involved in education since 1974; teaching at var-ious levels from elementary through graduate school.

States. The actual package can be found at http://www.ngs.noaa.gov/cgi-bin/grav_pdx.prl. The software will provide a modeled gravity for the location you enter.

Finally, I will state again that the height determined by GPS is not an orthometric height (elevation), but rather a geodet-ic height. Geodetic heights are the heights of points above the ellipsoid. The relationship (7)

relates the geodetic height (h) to the orthometric height (H) and the geoidal separation (N), which is the height of the geoid above or below the ellipsoid. As previously stated, this relationship is often expressed with an equality sign. The rea-son for the inequal-ity is two-fold. First, the theo-retical derivations approximate the gravity vector as a straight line. As shown in Figure 1, these lines are, in fact, curved. Additionally, the model for the ge-oid is only known to at best 1 – 2 cm. In fact, Dave Doyle stated at the 2009 PA Sur-veyors Conference that due to the lack of sufficient data in Pennsylvania, it may only be good to ±4 cm. However, a recent research article stated that even with better data, the theoretical approximations may limit the model to only ±1 cm.

The NGS is relying more and more on the CORS and HARN stations as its primary control for the country with the reason being that a 30-min occupation with a GPS re-ceiver can deliver high quality control to any location in the

U.S. The NGS recently released a new geoid model (GEOID09). The vertical component of GPS is de-pendent on a good geoid model. However, without sufficient data in a region, the model will always be lacking in that region. We as surveyors can help the NGS improve the geoid model in Pennsylva-nia. They recently started a project option in their OPUS solutions page. What they are looking for is the occupation of NGS benchmarks with four or more hours of data. The projects option is under the OPTIONS button on the first OPUS submissions page. Last spring, the Precise Positioning class at Penn State Wilkes-Barre submitted two five-hour occupations to this site. The NGS plans to use ac-ceptable occupations to help densify their data for the geoid. Looking at Equation (7), if H is known, which is the elevation of the benchmark, and h is determined by GPS with sufficient accuracy, then N can be determined at that benchmark. So if you use GPS in your business and have a project that requires occupation of a benchmark, then consider submitting the occupation data to the NGS. We all will benefit in the future and improved geoid model, which will allow us to obtain better elevations with GPS.

...the height deter-mined by GPS is not

an orthometric height (elevation), but rather a geodetic height. Geo-

detic heights are the heights of points above

the ellipsoid.

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h ≈ H + N

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Feature Article

Indemnification or “Hold Harmless”by Knud E. Hermansen, PLS, PE, PhD, Esq.

Preventing or reducing li-ability is an important as-pect for the survey prac-titioner to consider in preparing contracts. One clause employed to prevent or reduce responsibility for liability damages is an indemnification or “hold harmless” clause.

An indemnification clause or “hold harmless” clause imposes a contractual responsibility for reimbursing the surveyor for liability damages claimed against the surveyor by third parties. Most people have re-lied upon indemnification in the form of automobile insurance. Automobile insurance shifts the respon-sibility for liability damages to the insurance com-pany per the insurance contract. An indemnification clause is often and properly used by the surveyor to shift the responsibility to the client for paying dam-ages for a negligent act that should not in fairness be the responsibility of the surveyor.

The employment of an indemnification clause by a surveyor is ideally suited in one of three situations. The first situation is where the client has demanded some reduction of services to save money, time, or both that increase the risk that the surveyor will be liable to a third party as a result of the reduced ser-vices demanded by the client. The second situation is where the surveyor must rely on information pro-vided by the client or their agent, contractor, etc., to properly perform surveying services and that infor-mation could be faulty. The third situation is where

the surveyor’s services are in-tertwined with services provided by others to such an extent that li-ability by any one will reflect poorly on the surveyor’s services and may be difficult for a

layperson to understand and identify the true source of the fault.

For example, assume a surveyor’s client intends to erect a structure and employs the surveyor to stake out the location of the structure. The client gives the surveyor a faulty engi-neering plan that the surveyor must rely upon to stake out the structure. The contractor completes half the structure be-fore the mistake in the plan is discovered. The contractor sues the surveyor and engineer for misrepresentation. The survey-or along with the engineer is found liable to the contractor. An indemnification clause in the client’s contract would al-low the surveyor to seek reimbursement from the client for the liability damages caused by the engineer’s negligence.

An indemnification clause should be employed in a contract between the surveyor and the client where three factors are present: 1) There is risk of increased liability to the surveyor from third-parties, the client, or client’s agents, contractors, etc. 2) The client stands to benefit from the risk undertaken by the surveyor or the client has caused or increased the like-lihood of liability to the surveyor. 3) The client has the assets to cover reasonable and foreseeable damages arising from the risk. (The most meticulous and well-written indemnification clause will not get “blood from a rock” or money from an indigent.)

There are several different forms of indemnification clauses. One form shown by the previous example treats each party the same and shifts the responsibility for liability damages to the party at fault. Another form shifts the responsibility for liability damages to one party regardless of the source of the faulty behavior. The former is generally given unham-pered recognition by the courts while the later is critically scrutinized by the courts and often rejected under equitable grounds where there is unequal bargaining power.

The surveyor must avoid signing a contract prepared by the client that shifts all the responsibility for damages, regard-less of the source of negligence, to the surveyor. Quite often

Indemnity: Client and Surveyor each agree to in-demnify and hold the other harmless, and their re-spective officers, employees, agents, and representa-tives, from and against liability for all claims, losses, damages, and expenses, including reasonable attor-ney fees, to the extent such claims, losses, damages, or expenses are caused by the party’s negligent acts, errors, or omissions or those of their agents, con-tractors, sub-contractors, or assignees. In the event claims, losses, damages or expenses are caused by the joint or concurrent negligence of Client and Sur-veyor, they shall be borne by each party in propor-tion to their respective negligence.

An indemnification clause or “hold harmless” clause imposes a contractual responsibility for reim-bursing the surveyor for liability damages claimed against the surveyor by third parties.

Knud Hermansen is a professional land surveyor, pro-fessional engineer, and attorney at law licensed in sev-eral states. He teaches in the surveying program at the University of Maine and operates a consulting firm specializing in professional liability, boundary disputes, land development, and title issues.

client-prepared contracts contain one-sided indemnification clauses.

Some states do not allow professionals to employ indem-nification clauses that shift the responsibility for damages resulting from professional negligence.

Some professional liability insurance contracts will not cover damages that are shifted to the surveyor under an indem-nification clause. Accordingly, the surveyor is cautioned to carefully read an indemnification clause and reject those shifting responsibility for liability that was beyond the sur-veyor’s control. When employing an indemnification clause in a contract, the surveyor should review the clause with their liability insurance agent.

Indemnification does not remove or diminish liability. It does not prevent the surveyor from being sued or held liable. It is

not a defense to a lawsuit nor can it be used to pre-vent a lawsuit. It merely allows the surveyor to seek reimbursement from the client for certain sources of liability damages the court will hold the surveyor liable. Furthermore, an indemnification clause is in-effective where the client does not have the assets or money to cover the responsibility for damages that are shifted as a result of the indemnification clause.

The surveyor would be wise to consult with their at-torney to determine if an indemnification clause will be effective in their state and what language is most appropriate according to their state law.

Indemnity: The surveyor shall indemnify the owner for any and all claims arising out of the work or ser-vices performed.

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2010

We have an extensive selection of surveying and other technical books. Some books are not available anywhere else! Cash, checks, MasterCard, and VISA accepted.

Hours: Monday, January 25: 8 a.m. – 6 p.m. Tuesday, January 26: 8 a.m. – 6 p.m.

Bookstore

Hours:Monday, January 25: 9 a.m. – 6:15 p.m.Tuesday, January 26: 8 a.m. – 6:15 p.m.

See the latest in equipment and other businessrelated exhibits:

Total stations, range finders, 3-D laser scanning, digital imagery, data collection, GPS, software, business insur-ance, antique surveying instruments, and more!

Exhibits

Conference Highlights

Plat Competition

WorkshopsRaffle

Networking

Auction

www.pslsconference.org717.540.6811

January 24-27, 2010Hershey, PA

PSLS Surveyors’ Conference

Sunday, January 246 – 7 p.m. REGISTRATION – Great American Lobby7 – 8 p.m. PSLS ANNUAL MEETING – Great American Hall (Red Room) PSLS President – Richard L. Phillips, PLS8 – 9 p.m. WINE and CHEESE RECEPTION

Monday, January 256 a.m. – 5 p.m. REGISTRATION – Great American Lobby7 a.m. BREAKFAST – Great American Hall (Red Room)7 a.m. EXHIBITOR SET UP – Great American Hall (White Room)9 – 11 a.m. REFRESHMENTS – Great American Hall (White Room)9 a.m. – 6:15 p.m. EXHIBITS OPEN – Great American Hall (White Room)8:30 a.m. – Noon SESSION I WORKSHOPS – Confection Hall (Lower Level) and Aztec (see Workshop Descriptions list for schedule)Noon LUNCH – Great American Hall (Red Room)1:30 – 5 p.m. SESSION II WORKSHOPS – Confection Hall (Lower Level) and Aztec (see Workshop Descriptions list for schedule)5:30 p.m. RECEPTION with CASH BAR, EXHIBIT AREA – Great American Hall (White Room)6:30 p.m. DINNER – Great American Hall (Red Room) PSLS ANNUAL MEETING CONTINUED AND AWARDS

• Introduction of guests and PSLS past presidents• Keynote Speaker: Donald A. Wilson, LLS, RPF• PSLS installation of state officers and chapter officers• PSLS award presentations

Tuesday, January 267 a.m. – 5 p.m. REGISTRATION – Great American Lobby7 a.m. BREAKFAST – Great American Hall (Red Room)8 a.m. – 6:15 p.m. EXHIBITS OPEN – Great American Hall (White Room)6:15 p.m. EXHIBITOR TEAR DOWN9 –11 a.m. REFRESHMENTS – Great American Hall (White Room)8:30 a.m. – Noon SESSION III WORKSHOPS – Confection Hall (Lower Level) and Aztec (see Workshop Descriptions list for schedule)Noon LUNCH – Great American Hall (Red Room)1:30 – 5 p.m. SESSION IV WORKSHOPS – Confection Hall (Lower Level) and Aztec (see Workshop Descriptions list for schedule)5:30 p.m. RECEPTION with CASH BAR, EXHIBIT AREA – Great American Hall (White Room)6:30 p.m. DINNER – Great American Hall (Red Room)

• Raffle drawings presented by PSLS Foundation benefits scholarships• Conference Auction benefits student attendance at the conference

Wednesday, January 27 7 a.m. – 5 p.m. REGISTRATION – Great American Lobby (NOTE: Exhibits will NOT be open today)7 a.m. BREAKFAST – Great American Hall (Red Room)8:30 – 11:45 a.m. SESSION V WORKSHOPS – Confection Hall (Lower Level) and Aztec (see Workshop Descriptions list for schedule)11:45 a.m. LUNCH – Great American Hall (Red Room)12:45 – 4 p.m. SESSION VI WORKSHOPS – Confection Hall (Lower Level) and Aztec (see Workshop Descriptions list for schedule)4 p.m. ADJOURNMENT

2010 PSLS Conference ScheduleSunday, January 24 - Wednesday, January 27

2010 PSLS Surveyors’ Conference WorkshopsMonday, January 25 - Wednesday, January 27

Please check the chart below to find your session time and topic. Locations are posted at the PSLS conference.

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This form may be duplicated for additional registrations. Return form to PSLS by December 24, 2009. First Name MI Last Name Name on Badge Title (i.e., PLS, PE, Ph.D.) qMale qFemale E-mail: Company Address (no. and street or box no.) City State ZIP

Do not provide my information to exhibitors. q

Please supply the following information:I plan to arrive: Sunday qPM Monday qAM qPM Tuesday qAM qPM Wednesday qAM qPM

I have an overnight room at Hershey Lodge : qYes qNo I am a member of PSLS: qYes qNo

I am a registered professional land surveyor: qYes qNo

Your payment, in full, must accompany your registration form. Faxed registrations must be accompanied by credit card pay-ment information.

q Enclosed is a check made payable to PSLS

q Enclosed is a purchase order, made payable to PSLS or letter of authorization from employer or organization

q $825 per person for early-bird registration (postmarked by December 24, 2009)

q $670 per person for early registration PSLS members only (postmarked by December 24, 2009)

q $850 per person for late registration

q $720 per person for late registration—PSLS members only

q $300 for registered full-time student

q $400 for one-day registration qMon qTues qWed (LUNCH is the ONLY meal included with a one-day registration. Break-fast may be purchased for $25 additional. Dinner may be purchased for $50 additional.

Registration Form

Charge the amount indicated to my q MasterCard q VISA

Cardholder’s Name (please print)

Cardholder’s Signature

Charge No. Exp. Date (Credit card charges cannot be processed without signature and expiration date.)

If a workshop is more than one session you MUST take ALL SESSIONS for credit-PARTIAL CREDIT WILL NOT BE GIVEN. Two-part workshops include: (I-3, II-3), (I-5, II-5), (III-3, IV-3), (V-2, VI-2) In the blanks below, indicate by number which work-shops you wish to attend (three choices per session).

Choice: 1st, 2nd, 3rdSession I

Monday, 8:30 a.m.-noonSession II

Monday, 1:30 - 5 p.m. Session III

Tuesday, 8:30 a.m. - noonSession IV

Tuesday, 1:30 - 5 p.m.Session V Wednesday, 8:30 -11:45 a.m.Session VI

Wednesday, 12:45 -4 p.m.

q My spouse/guest is attending (complete Spouse/Guest Registration Form on Page 13)

Spouse’s/Guest’s Name Please include meal cost for spouse/guest with your check: Breakfast $25, lunch $35, dinner $50 and/or $75 Spouse Activities Program.

PSLSConference Registration2040 Linglestown Road Suite 200Harrisburg, PA 17110Fax: 717-540-6815

PSLS Surveyors’ Conference 2010 January 24-27

HOTEL RESERVATIONS: Please book through Hershey Lodge.See details on Page 21.

WORKSHOPS

NAME & CONTACT

GUEST’S NAME

SEND FORM TO

1st choice workshop may not be available.

Business Phone Home Phone

PAYMENT

This form may be duplicated for additional registrations. Return form to PSLS by December 24, 2009. First Name MI Last Name Address (no. and street or box no.) City State ZIP Phone

Spouse/Guest Registration Form

LODGINGPlease make your own arrangements and payment for lodging with the hotel. In order to reserve a room, contact Hershey Lodge directly. DO NOT CONTACT PSLS.

REGISTRATION AND MEALSRegistration is complimentary to all spouses attending the conference but does not include meals. Please mark the list below for the meals you plan to attend and include a check made payable to PSLS.

Spouse Meals:

SPOUSE ACTIVITIES PROGRAMRegistration for the Spouse Activities Program includes guided tours, all of the following activities and transportation – $75 per person.

SEND THIS FORM with PAYMENT to: PSLSConference Registration2040 Linglestown Road, Suite 200Harrisburg, PA 17110Fax: 717-540-6815

Monday8 – 9 a.m., pool aerobics; 9:30 a.m. – 12 p.m., Mary Kay demo; 12 p.m., light lunch.

Tuesday9 a.m. – 3 p.m., bus trip to tour Amish country with a surprise stop; lunch on your own.

q Yes I WILL attend the Spouse Activities Program q No I do NOT wish to participate in the Spouse Activities Program

PAYMENTMeal and Activities: I have enclosed a check for $ _______to cover meals, and/or Spouse Activities Program (payable to PSLS).Meals Only: I have included $________ for spouse/guest meals ONLY with my registration.

Registrant’s Name:

PSLS Surveyors’ Conference 2010 January 24-27

HOTEL RESERVATIONS: Please book through Hershey Lodge.See details on Page 21.

Breakfast—$25q Mondayq Tuesdayq Wednesday

Lunch—$35q Mondayq Tuesdayq Wednesday

Dinner—$50q Mondayq Tuesday

Hotel Registration

ROOM RATES (meals not included)$132 per room/night plus 11% tax* — single or double occupancy (*6% Pennsylvania state occupancy tax and 5% local tax)

DEPOSITA deposit of one night’s lodging plus 11% tax ($146.52) on the conference room rate per night must accompany your reservation request. This deposit will guarantee your reservation and will be applied only for the confirmed day of arrival. Make checks payable to Hershey Lodge. RESERVATION CANCELLATIONSTo cancel your reservation and receive a full refund, call the lodge at least 72 hours before your scheduled check-in time. When you call, ask for and write down the cancellation number and retain this number for three months. CHECK-IN/CHECK-OUT TIME Hershey Lodge cannot guarantee occupancy before 4 p.m. Check-out time is 11 a.m. ARRANGEMENTS FOR CREDITDirect billing requests must be made at least 30 days before scheduled check-in and must be ac-companied by a letter of authorization written on organization letterhead. The letter must name the person receiving the credit privilege and the organization or person assuming responsibility for pay-ment. It should also supply the complete billing address and name three references. (We suggest you make a photocopy of this form for your records.)

RESERVATION DUE DATEDecember 24, 2009. After this date, Hershey Lodge might not honor this special room rate.

Please confirm your departure date. The Lodge charges a $50 early departure fee.

RESERVATION INFORMATIONTo make reservations, please contact Hershey Lodge at the phone number below or via the Web site reservation page Hershey Lodge has created for PSLS:

• 1-800-HERSHEY (1-800-437-7439) — mention that you are with the PSLS conference to receive group rate

• https://resweb.passkey.com/go/58bdbde5

Please DO NOT contact PSLS for hotel reservations.

HERSHEY LODGEWest Chocolate Ave. and University Drive

Hershey, PA 17033

PSLS Surveyors’ Conference 2010 January 24-27

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717.436.2978/1.800.436.8847

PSLS Membership Application

Name: Address: City, State, ZIP:If Student, College/University:Business or School Address: Home Phone w/ area code: Business Phone w/ area code: Fax: E-mail:

Preferred Mailing Address: q Home q Business Professional Registration If Applicable:State: Number: State: Number:

Please list any other professional/technical society membership:

Please indicate the membership grade for which you qualify:q Member………………………………….$190 per year (Surveyor licensed in Pennsylvania)q Associate …………………………………$115 per year (Not presently licensed)q Corresponding…………………………… $105 per year (Member of another state society where you reside)q Sustaining………………………………..$385 per year (Firms having an interest in land surveying)q Student…………………………………….$15 per year (Enrolled in a Pennsylvania college or university)

Chapter Affiliation Requested: (Not applicable for Corresponding or Sustaining membership) Please list names of two PSLS members, if you know any, who are acquainted with your qualifications and will sponsor your application:

Primary Sponsor: Sponsor:

I hereby apply for membership in the Pennsylvania Society of Land Surveyors and, in doing so, agree that I will actively support the Bylaws, aims, and objectives of the organization. Signature of Applicant: Date:

Pennsylvania Society of Land Surveyors2040 Linglestown Road, Suite 200Harrisburg, PA 17110P: 717.540.6811 F: 717.540.6815www.psls.org

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?

?What is It?

Responses to the “What is It?” item from the last issue:

1. Looks like a saw set to me. A saw set is used to bend, or set, the teeth on a sawblade outward so that when the saw is in use, the kerf (slot the saw cuts) is wider than the body of the saw. This allows the body of the saw blade to travel through the wood without binding. The thumbscrew(s) controls how much of the tooth is bent, and how much the tooth is set (bent) away from the body of the sawblade. Typically every other tooth or every third tooth was set to one side. The engineering of saw tooth geometry has made leaps and bounds since this tool was designed, but it would probabally still do the job it was intended for in the hands of a skilled person.Zach Gay, Fred D. Gay and Son Land Surveying

2. The tool pictured is (was) used for setting the teeth of a handsaw. The plunger end is placed over the saw blade with the beveled edge against a tooth. As the handles are closed, the plunger will press the tooth against the bevel, or anvil. This causes the tooth to bend to the extent that the adjustment of the beveled edge allows. The position of the tool is alternately reversed from tooth to tooth, thus achieving the “set” in the teeth over the length of the blade.Rudolf M. Wolff Jr., PLS, Keystone Consulting Engi-neers, Inc.

3. The device looks like a “saw set”—probably for a large cross-cut saw from the size of it. The teeth on a saw blade are “set” or bent alternately to the right or left so that the cut the blade makes is slightly wider than the blade and keeps it from binding. You place the device over the tooth of the saw, squeeze the handle, and it bends the tooth slightly away from the handle. You continue this process on every other tooth for the length of the saw blade. You then move to the other side of the blade and bend or “set” the remaining teeth in the op-posite direction. The teeth are usually then sharpened with a file. It’s a very time consuming process, especially for a blade with very fine teeth, but absolutely necessary if you wanted to do good work. Today, it has gone the way of the steel tape and brass transit. Robert M. Russell, PLS

If you have an item for this segment, please drop an e-mail to ksherman@psls.org, or mail your information to:

The Pennsylvania Surveyor Pennsylvania Society of Land Surveyors 2040 Linglestown Road Harrisburg, PA 17110

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While in the field, if you find an unusual item that you can’t quite identify, please send us a photo and brief description of where and how you found it, along with your name and chapter. We will put it in the newsletter. Who knows, maybe someone else can help you put a name to your newly found treasure!

4. The tool shown in the What Is It column is a saw set. It is used for putting the correct set (outward flare) on the teeth of a crosscut saw. Steve Reisinger, PLS

5. I’m pretty sure the tool you are referring to is a “tooth setter” and it is a tool used to adjust the kerf (width of the saw cut) of a saw blade. Gary Hoffacker, LSIT , National Fuel