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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