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Home My WebLink AboutRES.462.09-18-1989 BILL N0. 89-186 RESOLUTION N0. � A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR AERIAL PHOTOGRAPHY AND RELATED PHOTOGRAMMETRIC SERVICES WITH KUCERA INTERNATIONAL, INC. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: SECTION 1 . The City Manager, for and on behalf of the City of Cape Girardeau, Missouri , is hereby authorized to enter into an Agreement for Aerial Photography and Related Photogrammetric Services with Kucera International, Incorporated, an Ohio Corporation. A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS --�/�'�Q�"DAY OF , 1989 . Francis E. Rhodes, Mayor ATTEST: E elyn L Gr , City Clerk � , j� 4 , s1 . AGREEMENT FOR AERIAL PHOTOGRAPHY AND RELATED PHOTOGRAMMETRIC SERVICES This Agreement made this day .�c.�p�C.N^b�� 5S`i ` by and between Kucera International, Incorporated , an Ohio corporation with its principal business at 7000 Reynolds Road , Mentor , Ohio , herein called KUCERA and the City of Cape Girardeau, Missouri , herein referred to as the CITY mutually bind the parties thereto as follows . ARTICLE ONE Zocation The location of the work for which KUCERA shall perform aerial photographic and photogrammetic services is the City of Cape ' Girardeau and its environments as shown on Exhibit A and described in E}chibit B herein attached to and made part of this Agreement . ARTICLE TWO Statement of Work The services to be rendered by KUCERA under this Agreement include aerial photography, ground control surveys , photogra.mmetric mapping and other services as described herein. These services shall be performed in conformity with the CITY ' s Request for Proposal dated February 18, 1989 ( Alternative No. 3 ) and relevant portions of KUCERA ' S letter of proposal dated February 24, 1989 describing the procedures for aerial photography, ground control surveys, aerotriangulation , and digital mapping which are by reference made part of this Agr. eement . Said services are more specifically defined as : A. Aerial Photography KUCERA shall obtain new aerial photography of the area described in Article One of this Agreement and outlined on Fxhibit A of this Agreement . 1 ) The scales of said photography will be approximately 1 "=720 ' �nd 1 "=14d0 ' and will be taken so th�,t each exposure h�.s an average overlap of 60� and average sidelap of not less than 15� or �reater than 45°� between exposures in adjacent flight line . ?_ ) The photography will be taken with a Zeiss 15 /23 six inch focal length precision mapping camera, normally referred to as a "distortion free" camera, which has been designed �.nd calibrated for precision aerial m�,pping. � , . ' . ,4 � 3) KUCERA will deliver to the CITY one set of black and white contact prints printed on Kodak 1594 RC paper from this photography along with one photographic index to each scale of the photography prepared from photographic copies of a stapled assembly of prints prepared from the photography. B. Ground Control , KUCERA shall obtain ground control in sufficient density for analytical aerotriangulation of the aerial photography covering the area outlined on Exhibit A. 1 ) Said ground control will be established along or at supplemental points to traverse lines tied to the Missouri State Plane Coordinate System and level lines tied to sea level datum. 2) Semi-permanent monuments will be established along traverse lines used for control at intervals of approximately two miles . Said monuments will be iron pins onto which a survey tablet will be imbedded . The monuments will be intervisible and have a companion monument or other suitable azimuth mark for use as a backsight . Each monument will be field referenced to at least three permanent objec�s so that such may be recovered or r•e-est.ablished. 3) KUCERA shall prepare and furnish to the CITY a control report containing the descriptions, coordinates , references and elevations of all monuments used or established as part of its survey , a cop.y of all field notes , calculations and a diagram showing the location of traverse monuments established in connection with this project . C . Analytical Aerial Triangulation KUG�ERA by the use of fully analytical �.erotriangulation shall verify the accuracy of the ground control described in Article Two above and supplement the same to generate a sufficient density of control to enable the individual stereoscopic models to be uti2ized for mapping of the area outlined in Exhibit A. D. Planimetric Maps with Contours Utilizing aerial photography, ground control , and analytical aerotriangulation described above, KUCERA shall : 1 ) Prepare and furnish to the CITY planimetric maps at a scale of 1 "=200 ' with 2 ' contours of the are� c.�utlined in Exhibit A of this : Agreement . The maps will be prepared in sheets in a.ccordance with those described in Exhibit A . i , ' 2 ) The details and contours of said mapping will be recorded in layers and coded in di�ital form using Zeiss C-100 Planicomp Analytical or Kern PG-2/CADMAP digital mapping systems . 3) Planimetric features recorded and depicted on the map will be buildings , roads , railroads , drainage features , bridges , major fences , outlines of wooded areas , cross country tr�.nsmission lines and their towers , and other such details normal to mapping at 1 "=200 ' scale . 4) Planimetric features and contours will be compiled in accordance with recognized practices and standards of the photogrammetric profession as defined in "Reference Guide Outline- Specifications for Aerial Surveys and Mapping by Photogrammetric Methods for Highways" , commonly referred to as "National Map Accuracy Standards" . As is standard practice , in areas where the ground is obscured by tree cover, other forms of vegetation or dense shadows, contours will be drawn to the best of the technician' s ability to depict the terrain. In such areas contours will be shown as dashed lines to indicate that they should not be relied upon and should be field checked and used with discretion. 5 ) KUCERA will furnish the CITY with preliminary plots of the planimetric mapping for the CITY' s review and identification of road names and other prominent features to be identified on the final maps . 6 ) KUCERA will furnish the CITY with one set of final map plots after map detail has been edited and road names added to the sheets and digital files . Said final mylars will be computer plotted in ink on mylar . Contours will be drawn on to the planimetric map or as a.n overlay to the same . 7 ) Final map sheets will be prepared at sea level datum (NAD 1929 ) and will show the State Pl�.ne Coordinate grid system and appropriate title information , such as the contracting agenc,y and coritractor names , north arrow, legend to symbolization , a bar scale , date of photography and a graphic index to adjoinin� sheets . 8) KUCERA will furnish the CITY with an overall index to the map sheets computer plotted on mylar . E . Digital Mappin�? KLJCERA shall furnish to the CITY the di�ita.l data from which the m�,ps in Article Two are prepared . The data. will be delivered �n 5 . 25" or 3 . 5" single , double or high density floppy disk or on � standard nine track 1h00 BPI ma�netic tape , as the CITY m�,,y later speci f,y . �I . ' . 1 ) Said digital data will be translated into any of the formats for which KUCERA has translation programs for at the time of delivery. Translations available as of the date of this Agreement are MOSS, ISIF, IGDS, DXF and AUTOCAD. 2) In lieu of 1 above KUCERA will furnish the digital data in PZANIMAP, CADMAP or ATLAS 400 format along with two descriptions of the file structure and a plot showing the line types and symbology codes . ARTICZE THREE Contract Phases KUCERA shall commence the work described in Article Two above in Spring of calendar year 1989 and complete said work prior to June 30 in calendar year 1990• The approximate schedule of work to be accomplished during the calendar years noted is as follows: CY 1989 CY 1990 New Aerial Photography Ground Control Survey Finished Map Sheets Finished Map Sheets Sheet #1d Sheet #1a* , 1b, 1c� Sheet #2c, 2d Sheet #2a* , 2b Sheet #4b Sheet �3a* , 3c Sheet #5b Sheet #4a� , 4c* , 4d Sheet #7b, 7d Sheet #8b* Sheet #8a, 8c , 8d* Sheet #9b Sheet #10a* , 10b, 10c* Sheet #llb, 11d Sheet �12a* , 12c* Sheet #15d Sheet #16c � denotes partial sheets ARTICZE FOUR Ownership of Materials Acceptable aerial photographic negatives and other negatives used for the project , indices of the photography, map tracings , reproductions of maps , the field notes prepared in the process of fulfilling the A�reement requirements and other items or �s��ciated rel�ted materials after payment to KUCERA for sa.me in accordance with Article Two shall become the exclusive property of the CITY. The CITY may allow any and all such Agreement items of a deliverable character to be retained by KUCERA for a period of ten years without giving instructions regarding their delivery. KUCERA, if not desiring to continue storing said materials , may request instruction from the CITY as to their disposition. While in its possession KUCERA shall not produce , sell , convey or otherwise utilize an,y of the information prepared in the furtherance of the project for other than the CITY without its expressed written consent . ARTICLE FIVE Changes in Agreement The CITY may desire KUCERA to render services for changes in connection with this project in addition to that provided for by the express intent of this Agreement . This will be considered as Extra Work subject to an Agreement Change Order supplemental to this Agreement , setting forth the nature and scope thereof and the compensation therefore as determined by mutual agreement between KUCERA and the CITY. Work under such Change Order shall not proceed until approved and authorized by the CITY. � ARTICLE SIX Termination and Abandonment In the event of the termination of this Agreement by the CITY for any reason, KUCERA shall be compensated for the work done through the date of receipt of notification to abandon work. Work completed or partially completed shall after payment for same become the property of the CITY. ARTICLE SEVEN ' Inspections KUCERA shall furnish reasonable facilities for makin� inspections which the CITY may reasonably deem necessar,y to ascertain whether the A�reement work is bein� done in conformance with Agreement . Any such inspections shall be performed within ninety (90) da,ys of deliver,y of materials specified in this Agreement . Should the CITY fail to notif,y KUCERA that an,y se�ment is not a.cceptable withi.n this ninet,y �90) da,y period , the work will be deemed �ccept�ble . Should an,y items or segmPnts not be accept�ble when inspected , the CITY sha.11 advise KUCERA of an,y alle�ed deficienc:,ies promptl,y and KUCERA shall do whatever is necessary to correct dat�. which fails to mePt the terms of this A�reement . Any and all inspections b,y the CITY shall be at its expense and KUCERA shall not be responsible or liable for any cost , expense or fees incurred for such inspections . KUCERA upon notification of any item or segment of the work under this Agreement is considered incorrect shall at its expense make whatever edits and/or revisions necessary to bring inaccuracies up to standard . In event that the CITY fails to notify KUCERA as provided herein of any discrepancies or inaccuracies, KUCERA shall not be responsible or liable for any costs , claims, expense or fees incurred by the CITY in correcting any deficiencies . ARTICLE EIGHT Warrant KUCERA warrants that the work performed or to be performed shall be completed to recognized standards . If the CITY, its employees or agent discovers any error in the work by KUCERA, KUCERA shall promptly correct such error. This shall be the CITY' s exclusive remedy and in no event shall KUCERA be liable for any claims, labor, other expenses , or any consequential damages whatsoever . ARTICLE NINE General Compliance with Zaws KUCERA is assumed to be familiar with and at all times shall observe and comply with all Federal, State , and local laws , ordinances and regulations in any manner affecting the conduct of the work. ARTICLE TEN , Subletting, Assi nment or Transfer KUCERA shall not assign , sublet , or transfer any of the work, except as otherwise provided for under the terms of this contract or with written consent of the CITY. Such consent does not release or relieve KUCERA, as principal , from any of its obligations and liabilities under the contract . . , q . ART IC LE EI,EVEN Commencement and Completion KUCERA shall commence the work under this Agreement within five calendar days after the date of this Agreement subject only to weather and such other exceptions as ma,y be agreed to by the CITY or its representative and complete all aerial photography, rectified enlargements , ground control , contact prints, and photographic index sheets within a specified time mutually agreed upon by the CITY and KUCERA . Topographic and planimetric maps will be completed and delivered on a time schedule mutally agreeable and negotiated between the CITY and KUCERA at the time such maps are requested . ARTICLE TWELVE Delays and Extensions Reasonable extensions of promised times shall be mutually arrived at by parties in the event of unavoidable delays or events beyond the control of KUCERA . ARTICLE THIRTEEN Obligation of the Contracting Authority The CITY shall make whatever available records , control data, maps, in its possession that ma,y be useful or otherwise aid KUCERA in the successful completion of the services heretofore outlined available to KUCERA . � ARTICLE FOURTEEN Intended Use The maps and digital data prepared under this Agreement are intended for the use of the CITY. They are not intended for use by any other persons , firm or entity and should not be relied upon by others as suita.ble or accurate for design purposes, conveyance of property, computation of earth work , or other detailed surve,ying or engineerin� studies . � � P ARTICLE FIFTEEN Altering of Maps for Digital Data KUCERA shall not be responsible or in any way liable for mapping or di�ital data which in any way is altered . The map and digital data prepared under this Agreement represent map detail compiled at a scale of 1 "=200' to recognized accuracy standards. Any computer photographic or computer process that enlarges on the scale does not change the accuracy of the data and should not be relied upon where a higher degree of accuracy is required . (e .g. , digital data expanded to 1 "=50 ' scale) . ARTICLE SIXTEEN Employment of Workers KUCERA shall not engage , on a full or part-time or other basis during the period of the Agreement , any professional or technical personnel who are or have been at any time during the period of the Agreement in the employ of the City, except regularly retired employees , without the written consent of the public employer of such person. � ARTICLE SEVENTEEN Covenant Against Contingent Fees KUCERA warrants that it has not employed or retained any company or person other than a bona fide employee working solely for KUCERA to solicit or secure this Agreement , and that he has not paid or agreed to pay any company or person , other than a bona fide employee working solely for KUCERA, any fee, commission, percentage , brokerage fee , gifts , or any c�ther consideration, contingent upon or resulting from the award or making of this Agreement . For breach or violation of' this warranty, the CITY shall have the right to annul this contract without liabilit,y, or , at its discretion, to deduct from the Agreement price or consideration, or otherwise recover , the full amount of such fee , commission, percentage , brokerage fee , gifts , or contingent fee . '., � . . ARTICLE EIGHTEEN Insurance KUCERA represents and states that it has and shall maintain during the term of the Agreement the following inaurance: a) Workmen' s Compensation insurance in compliance with the laws of the State of Ohio b) Public liability and Property Damage Liability insurance including automobile coverage with limits of $1 ,000,000 as to bodily injury liability for any one accident and $1 ,000,000 as tu propert,y damage liability. c) Aircraft liability with limits of $3 ,000,000 for single limit bodily injury and property damage liability. KUCERA shall file with the CITY at the time the Agreement is returned for execution certificates of all insurance policies . ARTICLE NINETEEN Progress Reports At the end of each month following the first day of this Agreement , KUCERA shall submit to the CITY a brief progress r.eport describin� work under the Agreement that has been completed through the date of such report . The reports may be verbal or in writing as may be deemed necessary by the CITY. Progress reports shall continue until all work under this Agreement or extension thereof has been satisfactorily completed . ARTICI,E TWENTY Payment The CITY agrees to pay to KUCERA for the performance of the services embraced in this Agreement and KUCERA agrees to accept as compensation therefore , the following fees CY 1989 Item Fee Aerial photogr.�.ph,y $ 3 , 995 .00 Ground Control Surve,y 18 , 400 .00 Analytical Aerotriangulation 4 ,320 .00 Subtot�,l $ 26 , 715 . 00 � . ' • .. ' � ,. , 1 "=200' Digital planimetric mapping with two foot contours of that portion of the area to be mapped covered b9 (full or partial) sheet nos . : 1D, 2C , 2D, 4B, 5B, 7B, 7D, 8A, 8C , 8D: $ 3,897•20 per sheet for a total of $ 38,972.00 CY 1990 �• 1 "=200' Digital planimetric mapping� with two foot contours of that portion of the area to be mapped covered by (full or partial) sheet nos. : 3C , 4D, 5A, 5C , 6A, 6C , 8B, 10A, 10B, 4'�kM� 1 A, 1 B, 1 C, 2A, 2B, 3A, 4A, 4C, �A, �, 10C, 1 1 B, 1 1 D, 12A, 12C , 15D, 16C : �'v�� $4, 528•85 per sheet for a total of $ 117,750.00 The City agrees to pay such compensation within 30 days (thirty days) of receipt of progress invoices stzbmitted by KiTCERA. Said progress invoices shall be based on KIICERA' $ estimate of the work completed through the date of said invoices . IN WITNESS WHEREOF, KUCERA, party of the second part , and the CITY, party of the first part have executed this Agreement as o� the da� and year first above written. WITNESS: / � �CERA H�TERNATIONAL INC. � � � � h I _ '2._ VL�' /� B�� - � �, - o .� n o ic ,� resi ent C�- � ate: 3 . � i '� /� ' CITY OF CAPE GIR EAU • _r-, -, � �� v�-/ � �'`/, � `��L i'l $ ,i � � �� - � �� n� ^ _ � �_ y � � �_� �` _ ' Date: — �--- -- , r