R97-066 RESOLUTION NO. R97-~
.A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE THE CONSULTANT
AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND AERIAL DATA REDUCTION
ASSOCIATES, INC., FOR MAPPING CONTOUR
LINES FOR STORMWATER DESIGN; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, over the past five years, Aerial Data Reduction
Associates, (ADR) has mapped our service aerial using aerial
photogrammetric techniques in conjunction with a project
performed for the Property Appraiser's Office;
WHEREAS, the City Commission of the City of Boynton Beach
has deemed it to be in the best interests of the citizens and
residents of the City to enter into a Consultant Agreement
with Aerial Data Reduction Associates, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton
Beach, Florida hereby authorizes and directs the Mayor and
City Clerk to execute a Consultant Agreement form between the
City of Boynton Beach and Aerial Data Reduction Associates,
Inc., (ADR), for mapping contour lines for stormwater design,
in the amount of $30,192.50, a copy of which Agreement is
attached hereto as Exhibit "A".
Section 2. That this Resolution shall become
effective immediately upon passage.
PASSED AND ADOPTED this
ATTEST:
'City Clerk
day of .~,~C, 1997.
CITY BO N , FLORIDA
Mayor i '/
~ oo~ss~ ~
Commi s s ioner
Commi s s ioner <~
CONSULTANT AGREEMENT FORM
Automated Design Mapping Services
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City",
as "th "
and Aerial Data Reduction Assoc., Inc. hereinafter referred to e Consultant, in consideration of the
mutual benefits, terms, and conditions hereinafter specified.
Project Designation. The Consultant is retained by the City to perform Contour Mapping
services in connection with the project intended to show one (1) foot contour intervals in a 610
acre project area.
Scope of Services. Consultant agrees to perform the services, identified on Exhibit "A" attached
hereto, including the provision of all labor, materials, equipment and supplies.
Time for Performance. Work under this contract shall commence upon the giving of written
notice by the City to the Consultant to proceed, Consultant shall perform alt services and
provide all:work product required pursuant to this agreement within 180 calendar days from the
date written notice is given to proceed, unless an extension of such time is granted in writing by
the City,
Payment. The Consultant shall be paid by the City for completed work and for services rendered
under this agreement as follows:
Payment for the work provided by Consultant shall be made as provided on
Exhibit "B" attached hereto, provided that the total mount of payment to
Consultant shall not exceed $30.192.50 without express written modification of
the agreement signed by the City.
bo
The Consultant may submit vouchers to the City once per month during the
progress of the work for partial payment for project completed to date. Such
vouchers will be checked by the City, and upon approval thereof, payment will be
made to the Consultant in the amount approved.
Final payment of any balance due the Consultant of the total contract price earned
will be made promptly upon its ascertainment and verification by the City after
the completion of the work under this agreement and its acceptance by the City.
Payment as provided in this section shall be full compensation for work
performed, services rendered and for all materials, supplies, equipment and
incidentals necessary to complete the work.
Consultant Agreement
Page Two
o
The Consultant's records and accounts pertaining to this agreement are to be kept
available for inspection by representatives of the City and state for a period of
three (3) years after final payments. Copies shall be made available upon request.
Ownership and Use of Documentq. See Addendum #1
Compliance with laws. Consultant shall, in performing the services contemplated by this
agreement, faithfully observe and comply with all federal, state and local laws, ordinances and
regulations that are applicable to the services to be rendered under this agreement.
Indemnification. Consultant shall indemnify, defend and hold harmless the City, its officers,
agents and employees, from and against any and all claims, losses or liability, or any portion
thereof, including attorneys fees and costs, from injury or death to persons, including
injuries, sickness, disease own employees, or damage m property
occasioned by a-negligent act, omission or failure of the Consultant.
Insurance. The Consultant shall secure and maintain in force throughout the duration of this
contract comprehensive general liability insurance with a minimum coverage of $500,000 per
occurrence and $1,000,000 aggregate for personal injury; and $500,000 per occurrence/aggregate
for property damage, and professional liability insurance in the amount of $1,000,000.
Said general liability policy shall name the City of Boynton Beach as an additional named insured and
shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior
written notice to the City. Certificates of coverage as required by this section shall be delivered to the
City within fifteen (15) days of execution of this agreement.
Independent Contractor. The Consultant and the City agree that the Consultant is an independent
contractor with respect to the services provided pursuant to this agreement. Nothing in this
agreement shall be considered to create the relationship of employer and employee between the
parties hereto. Neither Consultant nor any employee of Consultant shall be entitled to any
benefits accorded City employees by virtue of the services provided under this agreement. The
City shall not be responsible for withholding or, otherwise deducting federal income tax or social
security or for contributing to the state industrial insurance program, otherwise assuming the
duties of an employer with respect to Consultant, or any employee of Consultant.
Consultant Agreement
~'_~ Page Three
10.
11.
12.
13.
14.
15.
Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant, any fee,
commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or
resulting from the award or making of this contract. For breach or violation of this warranty, the
City shall have the right to annul this contract without liability or, in its discretion to deduct from
the contract price or consideration, or otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift, or contingent fee.
Discrimination Prohibited. The Consultant, with regard to the work performed by it under this
agreement, will not discriminate on the grounds of race, color, national origin, religion, creed,
age, sex or the presence of any physical or sensory handicap in the selection and retention of
employees or procurement of materials or supplies.
Assignment. The Consultant shall not sublet or assign any of the services covered by this
agreement without the express written consent of the City.
Non-Waiver. Waiver by the City of any provision of this agreement or any time limitation
provided for in this agreement shall not constitute a waiver of any other provision.
Termination.
The City reserves the right to terminate this agreement at any time by giving ten
(10) days written notice to the Consultant.
In the event of death of a member, partner or officer of the Consultant, or any of
its supervisory personnel assigned to the project, the surviving members of the
Consultant hereby agree to complete the work under the terms of this agreement,
if requestexl to do so by the City. This section shall not be a bar to renegotiations
of this ageement between surviving members of the Consultant and the City, if
the City so chooses.
Disputes. Any dispute arising out of the terms or conditions of this agreement shall be
adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida
Law.
Consultant Agreement
Page Four
16.
17.
Notices. Notices to the City of Boynton Beach shall be sent to the following address:
'City of Boynton Beach
Post Office Box 310
Boynton Beach, FL 33426,0310
Attn: .Pete Mazzella - Utilities Department
Notices to Consultant shall: be sent to the following address:
Aerial Data Reduction Associates, Inc.
9285 Commerce Highway
Pennsauken, NJ 08110
Integrated Agreement. This agreement, together with attachments or addenda, represents the
entire and integrated agreement between the City and the Consultant and supersedes all prior
negotiations, representations, or agreements written or oral. This agreement may be amended
only by written instrument signed by. both City and Consultant.
DATED this day of
CITY OF BOYNTON BEACH
199
Mayor
Consultant
Attest/Authenticated:
Title
City Clerk
(Corporate Seal)
Approved as to Form:
Attest/Authenticated:
Office of the City Attorney
Secretary
EXHIBIT B
CONSULTANT will submit invoices monthly for the work completed at the end of each month.
Each invoice will include a Report of progress indicating the percentage of the work completed
at each billing period in each work phase.
ADDENDUM NO. 1
The CONSULTANT shall be permitted to retain copies, including reproducible
copies; of drawings for information, reference and use in connection with
CONSULTANT'S endeavors.
EXH£B IT "B"
AERIAL DATA
REDUCTION
ASSOCIATES, INC.
April 16, 1997
Photogrammetric Engineenng · Geographic Information Systems · Geodetic
Control Surveys · GPS Surveys · CAD Hardware, Software and Support ·
Photo Interpretation · Terrestrial Photogrammetry · Aerial Photography
Mr. Peter V. Mazzella
Assistant to the Utilities Director
City of Boynton Beach
5469 W. Boynton Beach Blvd.
Boynton Beach, FL 3.%437
Reference:
ADR File E-21014
Automated Design Base Maps, Stereo Digitizing of Contours
Dear Mr. Mazzella:
Responding to our recent communication, we are pleased to submit this propoml for additional photo
engineering sera, ices to stereo digitize one foot contours in the desibmated project area shown on the attached
"Project Area Map" from the diapositives originally used for the cost sharing project for Pahn Beach and the City
jointly. The project area is approximately 320 acres, as shown in the Project Area Map.
PRINCIPAL STAGES OF THE PRODUCTION PROCEDURE
A. Project Preparation
We will identify and locate the corresponding diapositives to cover the designated project area totaling 17
stereo models and will select the necessary, vertical control location locations to satisfy the needs of the
analytic aerial triangt, dation.
B. Geodetic Photo Control Su~'eys
We propose to establish all vertical control by GPS method necessary to support the stereo
photogrammetric mapping for one foot contours to national map accuracy standards. The vertical dar mn
will be the 1929 mean .seal level. ADR will locate recoverable USGS, State of Florida and/or Palm Beach
County bench marks as base for additional photo control poi hts.
The positions will be marked on the ground with copperweid roads, 'PK' nails, or railroad spikes driven
flush with the pavement of ground, or in the form of chiseled marks on permanent concrete objects.
C. Analytical Aerial Triangulation
We propose to generate supplemental horizontal and vertical control for the project using analytical aerial
triangulation methods. Our firm will complete all point marking (pugging), mensuration and computer
serx, ices necessary to generate a minimum of six (6) analytic control points for each stereo model of aerial
photobwaphy.
D. Digital Map Compilation and Batch Edit
We propose to compile the mapping utilizing our high order Swiss manufactured stereo restitution
devices interfaced to interactive graphic systems. All specified vertical detail shall be collected and stored
on hard fixed disks in our central processing unit.
WITH OFFICES IN:
NJ: 9285 Commerce Highway, PO Box 557, Pennsauken, NJ 08110 800/257-7960 Fax 609/486-7778
PA: 280 Kappa Drive, Pittsburgh, PA 15238 412/967-9577 Fax 4i2/967-9564
Seven Penn Center, 1635 Market Street, Suite 410, Philadelphia, PA 19103 215/636-9383 Fax 215/636-9454
CO: 1155 Kelly Johnson Blvd., Suite 110, Colorado Springs, CO 80920 719/590-9989 Fax 719/590-9070
AL: 600 Boulevard South, Suite 104, Huntsville, AL 35802 205/883-3508 Fax 205/883-3507
FL: 9800 4th Street North, Suite 202, St. Petersburg, FL 33702 813/576-2820
2506 Maplewood Drive, West Palm Beach. FL 33415 800/468-4670
RI: 33 Alexander Avenue, East Providence, RI 20914 401/434-0134
AERIAL DATA
REDUCTION
ASSOCIATES, iNC.
Pennsauken, NJ ° Pittsburgh. PA
Colorado Springs CO · Huntsville, AL
Wethersfield, CT · West Palm Beach, FL · East Providence, RI
Mr. Peter V. Mazzella
April 16, 1997
Page 2
Contours - Solid line contours shall be shown on the final maps at an interval of one foot in all areas
where the ground can be clearly seen on the stereoscopic model. When the ground is partially or
completely obscured by tree cover, heavy brush or other low ground cover, heavy shadows or any
combination thereof, the contours shall be shown as dashed lines, or will be completely eliminated. In
such areas of dash line contours or areas without contours, the Photogrammetrist shall make special effort
by adding spot elevations determined photogrammetrically in any clear spots Where the ground can be
seen.
Spot Elevations - Photogrammetric spot elevations will be shown at water level on open water level on
open water bodies, at topographic features such as summits, depressions in saddles at road and highway
intersections, at the center and ends of bridges, in areas where contours are more than 120' (3 inches)
apart as additional effort to depict the topography. In general, the horizontal distance between elevations
and between elevations and contours shall not exceed 2 1/2 inches.
After the photogrammetric data acquisition tasks have been completed, Digital Editing and TQ~'~
operations will be perfotaned to enhance the quality of the data and minimize the possibility of errc
a nd / or omissions
Once the vertical vector landbase is judged to be completed, it will be translated to AutoCAD Version 12
for final delivery to the Cit'),.
We propose to provide the above Services and materials for the lump sum fee of $21, 751.00 (twenty-one
thousand, seven hundred and fifty-one dollars).
O?tior~':
We propose to digitize the full controlled area of the corresponding stereo models beyond the
project limits, shovgn on area map totaling 610 acres (additional 290 acres) for the combined lump
sum of $30,192.50.
We take this opportunity to express our sincere thanks to the City for the letter sent to Mr. Andrew John~n of
Boca Raton dated April 30, 1996, describing the successful applications of the automated planimetric digital land
base.
AERIAL DATA
REDUCTION
ASSOCIATES. INC.
Pennsauken. NJ · Pittsburgh, PA
Colorado Springs, CO · Huntsville. AL
Wethersfield. CT, West Palm Beach, FL- East Providence, RI
Mr. Peter V. Mazzella
April 16, 1997
Page 3
We look forward to the opportunity to provide the above described vertical digital data and are convinced of
their similarly successful vertical applications.
Thank you for this opportunity and we look forward to hearing from you in the near future.
Very truly yours,
ADR Inc.
Louis Komondi
Regional Manager
Project Coordinator
Enclosed:
ADR History.
ADR Equipment
Project Area Map
Project Area Map
ADR Inc.
Project Area
.J;
City of
Boynton Beach
FLORIDA
Extended Full Model Project Area
EXHIBIT