HomeMy WebLinkAboutR-83-1101T-83-1048
RESOLUTION NO. 83--1101,
A RESOLUTION
AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL
SERVICES
AGREEMENT, IN
SUBSTANTIALLY
THE FORM ATTACHED
HERETO, WHICH
HAS BEEN NEGOTIATED
WITH BOSWORTH
AERIAL SERVICES INC.,
FOR AERIAL
PHOTOGRAPHY OF
APPROXIMATELY
2880 ACRES OF THE
CITY OF
MIAMI, INCLUDING
TRIANGULATION,
RECTIFICATION AND/OR
CONTOUR ELEVATIONS
ON THE AERIALS
PROVIDED;
USING PREVIOUSLY
ALLOCATED FUNDS
IN THE AMOUNT OF
$43,278 FROM
THE 1973 STORM SEWER
GENERAL OBLIGATION
BOND FUND TO
COVER THE COST
OF SAID WORK.
WHEREAS, there is a need to acquire triangulated,
rectified, and/or contour elevations on aerial photographs
of the City of Miami; and
WHEREAS, the City will utilize these aerial
photographs to plan and design the Lejeune Storm Sewer
Pumping Station and possibly for future projects; and
WHEREAS, a Professional Services Agreement has
been negotiated with Bosworth Aerial Surveys, Inc. to
provide the -se needed photographs;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION
OF THE CITY OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized
7
to execute an agreement, in substantially the form attached
hereto, which has been negotiated with Bosworth Aerial
Surveys, Inc. for aerial photography of The City of Miami;
using previously allocated funds in the amount of $43,278
from the 1978 Storm Sewer General Obligation Bond Fund to
cover the cost of said work.
Section 2. The City Manager is hereby authorized
to instruct the Purchasing Agent to issue a Purchase Order
for this service.
CITY COMMISSION
MEETING OF
DEC 8 1983
RESOLUIlON N083-1101
REMARKS.
PASSED AND ADOPTED this 8tb day of December ,
1933•
ATTEST:
ALPIT G. ONGIE, CITY CLE
PREPARED AND APPROVED BY:
ROBERT F. CLARK
DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
CITY ATTORNEY
—2-
Maurice A. Ferre _
MAURICE A. FERRE
MAYOR
83-1101
,# I
PROFESSIONAL SERVICES AGREEMENT
This Agreement entered into as of the day of
1983, by and between the CITY OF MIAMI, a municipal corporation
of Dade County, Florida, hereinafter referred to as "CITY" and
BOSWORTH AERIAL SURVEYS, INC., hereinafter referred to as
"PROVIDER".
W I T N E S S E T H:
WHEREAS, THE CITY OF MIAMI, requires professional services
in the nature of triangulation and rectification of aerial
photographs and topographic, contour mapping aerial photography.
WHEREAS, the PROVIDER has expressed a desire to perform the
required services for the CITY:
1. TERM:
This Agreement shall commence on January 1, 1984, for
the purpose of providing services stipulated in Paragraph 2, of
this Agreement and shall terminate on the 30th day of June, 1984.
2. BASIC SERVICES:
The PROVIDER shall provide the following professional
services:
A. Triangulation of approximately 492 scaled mylar
film positives utilizing a first order WILD A-10 stereoplotter.
Encoded data shall be processed using the least squares method to
generate points. Seven control points shall be established on
each of the 492 sheets. A computer readout with identification
numbers indicating horizontal coordinates of each point shall be
provided. The end product must meet 11ortho-photo map"
specifications for utilization as a coordinated data base.
Rectification of each sheet shall be provided utilizing the
triangulated coordinated points and plotted on each sheet with a
Calcomp 1037 Plotter.
83=-1101
B. Topographic contour mapping at a scale of 1"-100'
with a one foot contour interval on rectified mylars. The area
covered shall be approximately 2,880 acres as outlined on the map
labeled "Exhibit All and hereby included as a part of this
agreement.
3. COMPENSATION:
a) The CITY shall pay the PROVIDER as compensation for
the services required pursuant to Paragraph 2 hereof, as follows:
$43,278.00 upon completion and acceptance of the services by the
CITY.
b) Such fee shall be paid upon submission by the
PROVIDER a single billing; such billing shall be paid within 30
days of acceptance of the services by the CITY. The CITY shall
have the right to review and audit the time records and related
records of the PROVIDER pertaining to any such billing.
c) The PROVIDER and the CITY hereby agree that the
maximum amount payable under this contract shall not exceed
$43,278.00.
4. TERMINATION OF CONTRACT:
The CITY retains the right to terminate this Agreement
at any time prior to the completion of the WORK without penalty
to the CITY. In that event, notice of termination of this
Agreement shall be in writing to the PROVIDER who shall be paid
for all WORK performed prior to the date of this receipt of the
notice of termination. In no case, however, will the CITY pay
the PROVIDER an amount in excess of the total sum provided by
this Agreement. Upon termination of agreement, all work
performed by the provider shall become the property of the CITY
in accordance with paragraph 14, OWNERSHIP OF DOCUMENTS.
It is hereby understood by and between the CITY and the
PROVIDER that any payment made in accordance with this Section to
the PROVIDER shall be made only if said PROVIDER is not in
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83-1101
default under the terms of this Agreement. If the PROVIDER is in
default under the terms of this Agreement, then the CITY shall in
no way be obligated and shall not pay to the PROVIDER any sum
whatsoever.
5. GENERAL CONDITION:
a) All notices or other communications which shall or
may be given pursuant to this Agreement shall be in writing and
shall be delivered by personal service, or by registered mail or
by telegraph addressed to the other party at the address
indicated herein or as the same may be changed from time to time.
Such notice shall be deemed given on the day on which personally
served; or., if by mail, on the fifth day after being posted or
the date of actual receipt, whichever is earlier.
b) Titles and paragraph headings are for convenient
reference and are not a part of this Agreement.
c) In the event of conflict between the terms of this
Agreement and any terms or conditions contained in documents, the
terms in this Agreement shall rule.
d) No waiver or breach of any provision of this
Agreement shall constitute a waiver of 'any subsequent breach of
the same or any other provision hereof, and no waiver shall be
effective unless in writing.
6. AWARD OF AGREEMENT:
The PROVIDER warrants that they have not employed or
retained any company or persons to solicit or secure this
Agreement and that they have not offered to pay, paid or agreed
to pay any person or company any fee, commission, percentage,
brokerage fee or gifts of any kind contingent upon or resulting
from the award of making this Agreement.
The PROVIDER is aware of the conflict of interest laws
of the City of Miami (Miami City Code Chapter 2, Article V), Dade
83-1101
— 3 —
County, Florida (Dade County Code, Section 2-11.1) and the
Florida Statutes, and agrees that they will fully comply in all
respect with the terms of said laws.
7. NON-DELEGABILITY:
It is understood and agreed that the obligations
undertaken by the PROVIDER pursuant to this Agreement shall not
be delegated to any other person or firm unless the CITY shall
first consent in writing to the performance of such services or
any part thereof by another person or firm.
8. CONSTRUCTION OF AGREEMENT:
The parties hereto agree that this Agreement shall be
construed and enforced according to the laws, statutes and case
laws of the State of Florida.
I g. SUCCESSORS AND ASSIGNS:
This Agreement shall be binding upon the parties
herein, their heirs, executors, legal representatives, successors
and assigns.
10. AUDIT RIGHTS:
The CITY reserves the right to audit the records of the
PROVIDER at any time during the performance of this Agreement and
for a period of one year after final payment is made under this
Agreement.
11. INDEMNIFICATION:
The PROVIDER shall defend, indemnify and save the CITY
harmless from and against any and all claims, liabilities, losses
and causes of action including reasonable attorney's fees, which
may arise out of PROVIDER'S activities under this contract,
including all other acts or omissions to act on the part of the
PROVIDER or any of them, including any person acting for or on
his or their behalf.
The PROVIDER shall pay all claims and losses of any
nature whatsoever in connection therewith and shall defend all
-u-
83 ' 1101
suits in the name of the CITY when applicable, and shall pay all
costs and judgements which may issue thereon.
12. CONFLICT OF INTEREST:
The PROVIDER covenants that no person under its employ
who presently exercises any functions or responsibilities in
connection with this' Agreement has any personal financial
interests, direct or indirect, in this Agreement. The PROVIDER
further covenants that, in the performance of this Agreement, no
person having such conflicting interest shall be employed. Any
such interests on the part of the PROVIDER or its employees, much
be disclosed in writing to the CITY. The PROVIDER, in the
performance of this Agreement, shall be subject to the more
restrictive law and/or guidelines regarding conflict of interest
promulgated'by federal, state or local government.
13. INDEPENDENT CONTRACTOR:
That the PROVIDER and its employees and agents shall be
deemed to be an independent contractor, and not an agent or
employee of the CITY, and shall not attain any rights or benefits
under the Civil Service or Pension Ordinance of the CITY, or any
rights generally afforded classified or unclassified employees;
further he/she shall not be deemed entitled to Florida Worker's
Compensation benefits as en employee of the CITY
14. OWNERSHIP OF DOCUMENTS:
All tracings, plans, drawings, photographs, negatives,
survey information, maps, contract documents, reports and other
data developed as a result of this Agreement shall become the
property of the CITY without restriction or limitation on their
use. It is further stipulated that all information developed as
a part of the project shall not be used by the PROVIDER without
written consent of the CITY.
It is further understood by and between the parties
that any information, maps, contract documents, reports, tracing,
— 5
83--1,,0
Plans, drawings, photographs, books or any other matter
whatsoever which is given by the CITY to the PROVIDER pursuant to
this Agreement shall at all times remain the property of the CITY
and shall not be used by the PROVIDER for any other purposes
whatsoever without the written consent of the CITY.
It is further understood that neither press releases
nor publicity is to be issued by the PROVIDER without prior
submittal to the CITY and written approval from the CITY.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed by the respective officials thereunto
duly authorized, this the day and year first above written.
Witnesses:
Attest:
RALPH ONGIE, CITY CLE K
PROVIDER:
BOSWORTH AERIAL SURVEYS, INC.
CITY OF MIAMI, a municipal
corporation of the State of
Florida
BY:
HOWARD V. G RY, CITY MANAGER
APPROVED AS TO FORM AND CORRECTNESS:
JOSE R. GARCIA-PED OS
CITY ATTORNEY
83-110.4
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Howard V. Gary
City Manager
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November 22, 1983
FF-,0- L
Donald W. Cather
Director of Public Works
Aerial Photography for
Lejeune Storm Sewer
Pumping Station
(For Commission Meeting
of December 8, 1983)
It is recommended that the attached
Resolution be approved authorizing the
City Manager to execute a Professional
Services Agreement, in substantially the
form attached hereto, which has been
negotiated with Bosworth Aerial Surveys,
Inc. to provide aerial photographs of
the "Flagami" area of the City of Miami
to be utilized in the planning and
design of the Lejeune Storm Sewer
Pumping Station and authorizing the City
Manager to instruct the purchasing agent
to issue a purchase order for this
service.
We are requesting approval of the attached resolution, which will
authorize the City Manager to execute the enclosed Professional
Services Agreement and to instruct the purchasing agent to issue a
purchase order for this service.
The service to be provided under this Professional Services Agreement
is aerial photography of approximately 2880 acres of the "Flagami"
area of the City. These photographs will be triangulated, rectified
and/or have one foot contours elevations plotted thereon. These
photographs will save the expense of extensive field surveys and
substantially reduce our design time for this project. These
photographs will be provided for a fee of $43,278.00.
Funds for this service will be provided from our Storm Sewer G.O.
Bonds financing the storm sewer system and the pump station.
This department diligently searched for an aerial photography firm
capable of providing these contoured aerial photographs. We were
unable to locate any minority firm and in fact found only three firms
capable of providing this service (none minority and only one,
Bosworth, located in the State of Florida).
JHO:gc
Resolution attached 83-110JL
added to the State Highway System and transferred to State
of Florida jurisdictional responsibility in accordance with
Section 337.29 Florida Statutes,
CITY COMMISSION
MEETING OF
D E C S 1983
ui!Oti 1�JN3-1102
REMARKS.
Howard V. Gary
City Manager
10
November 22, 1983
Aerial Photography for
Lejeune Storm Sewer
Pumping Station
FF,o c....... .
(For Commission Meeting
Donald W. Cather �rcao. s of December 8, 1983)
Director of Public Works
It is recommended that the attached
Resolution be approved authorizing the
City Manager to execute a Professional
Services Agreement, in substantially the
form attached hereto, which has been
negotiated with Bosworth Aerial Surveys,
Inc. to provide aerial photographs of
the "Flagami" area of the City of Miami
to be utilized in the planning and
design of the Lejeune Storm Sewer
Pumping Station and authorizing the City
Manager to instruct the purchasing agent
to issue a purchase order for this
service.
We are requesting approval of the attached resolution, which will
authorize the City Manager to execute the enclosed Professional
Services Agreement and to instruct the purchasing agent to issue a
purchase order for this service.
The service to be provided under this Professional Services Agreement
is aerial photography of approximately 2880 acres of the "Flagami"
area of the City. These photographs will be triangulated, rectified
and/or have one foot contours elevations plotted thereon. These
photographs will save the expense of extensive field surveys and
substantially reduce our design time for this project. These
photographs will be provided for a fee of $43,278.00.
Funds for this service will be provided from our Storm Sewer G.O.
Bonds financing the storm sewer system and the pump station.
This department diligently searched for an aerial photography firm
capable of providing these contoured aerial photographs. We were
unable to locate any minority firm and in fact found only three firms
capable of providing this service (none minority and only one,
Bosworth, located in the State of Florida).
JHO:gc
Resolution attached
83-1101