R94-034RESOLUTION NO. R94~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A CONSULTANT
AGREEMENT FORM FOR AUTOMATED DESIGN
MAPPING SERVICES BETWEEN THE CITY OF
BOYNTON BEACH AND AERIAL DATA REDUCTION
ASSOCIATES, INC. FOR PHASE 3 (COMMERCIAL
AREA WEST OF CONGRESS AVE.); AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on February i, 1994, the City Commission approved
phase 2 of the aerial mapping project, which brought the
photographed area westward to Congress ~Avenue; and
WHEREAS, the commercial area (Phase 3 - commercial area west
of Congress Ave.) must be mapped to allow calculation of impervious
area for stormwater utility billing purposes; and
WHEREAS, Phases 1 and 2 of this project included a 50%
contribution from the Property Appraiser's office, they cannot
commit additional funding until May 1994, or possibly until after
October 1, 1994, due to uncertainty in fund commitments elsewhere,
although indicating their willingness to continue this cost-sharing
approach with the City of Boynton Beach; and
WHEREAS, City Staff has recommended approval of the full
amount of the project in the amount of $30,121 and authorization
for the consultant to proceed.
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 between the City of Boynton
Beach and Automated Design Mapping, in the total amount of $30,121,
which Agreement is attached hereto as Exhibit "A".
Section 2. This Resolution
immediately upon passage.
shall become effective
PASSED AND ADOPTED this / day of March, 1994.
OF
BEACH, FLORIDA
ATTE ST:
City Clerk
(Corporate Seal)
Mapping. Phase3
2/24/94
Automate~ D~si~ Mapping SERVICES
THIS AGREEMENT is entered into between the City of Boynton Beach,
hereinafter referred to as "the City", and Aerial Data Reduction Assoc. In~
hereinafter referred to as "the Consultant", in consideration of the
mutual benefits, terms, and conditions hereinafter specified.
Project Desiqnation. The Consultan.t is retained by the City to
perform Automated ~esign Mapping services in connection with the
project designated ~rial mappin~ for water, sewer and st0rmwater.
®
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 con~ract shall commence
upon the giving of written notice by the city to the Consultant
toproceed. Consultant shall perform all services and.provide
all Work product required pursuant to this agreement within
365 calendar ~ays from the date written notice is
given to proceed, unless an extension of such time is granted in
writing by the City.
Palanent. 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 he made as
provided on Exhibit "B" attached hereto, provided that the
total amount of payment to Consultant shall not exceed
$.3~,12~.00 without ex~ress written modification of the
agreement signed by the City.
Co
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
=ontract 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.
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
consultant Agreement
page 2
three (3) years after final payments. Copies shall be made
available upon request.
*5.
Ownership and Use of DocumentS-
- / ~ · :_ _- a~/ other ma~ee~e
3 ~ ~ =- · T for ~,
Comuliance withlaws, consultant shall, in performing the
by this agreement, faithfully obserVe and
comply ~ith 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, ~r any poet%on
thereof, including attorneys fees and costs, arising from zn]ury
or death to persons, including injuries, sickness, disease or
death to Consultant's own employees, or damage to property
occasioned by a negligent act, omission or failure of the
Consultant.
Insurance. The Consui~nt 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 polic~ 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 t~his 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 ncr 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 3
10. Covenant Against Contingent Feen. The Consultant warra .
he has not employed or retained any comma .......... n~? thg~
~ ..= ~ ~=z~on, 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.
11. ~iscrimination Prohibited. The Consultant, with regard tothe
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.
12. ~. The Consultant shall not sublet or assign any of the
services covered by this agreement without the express written
consent of the City.
13. 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.
14. Termination.
15.
ae
The City reserves the right to terminate this agreement at
any time by giving ten {10) days written notice to the
Consultant.-
be
In the event of the 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 requested to do so by the City. This section
shall not be a bar to renegotiations of this agreement
between surviving members of the Consultant and the City, if
the City so chooses.
DisDutes. 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 4
16.
Notices. Notices to the City of Boynton Beach shall
sent to the following address:
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Attn: Petsr Mazzella/Utilities Dept.
Notices to Consultant shall be sent to the following
address:
Aerial Data Reduction Associates, Inc.
9285 Commerce Highway
Pennsauken, NJ 08110
17. Inteqrated Aqreement 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 ~// 199~/ .
CITY OF B~YNTON BEACH
Attest/Authenticated
]2onsuitant
Louis Komondi
Regional Manager-Project
Title
City Clerk
App~o Form:
Of~eTi'ce of ~C/ity Attorney
(Corporate Seal)
Attest/Authenticated:
Secretary
Rev. 1/22/91
be
Coorinator
AERIAL DATA
REDUCTION
ASSOCIATES. INC.
EXHIBIT A
Photogrammetric Engineering ,, Geographic Information Systems · Geodetic
Control Surveys · GPS Surveys · CAD Hardware. Software and Support ·
Photo Interpretation · Terrestrial Photogrammetry · Aerial Photography
February 15, 1994
Mr. Peter V. Mozz~lla
Assistant to the Utilities Director
City of Boynton Beach
124 S.E. 15th Avenue
Boynton Beach, Florida 33425-0310
Reference:
ADR FILE K 4268
AUTOMATED DESIGN BASE MAPS
JOINT EFFORT WITH PALM BEACH COUNTY PROPERTY APPRAISER
Dear Mr. Mozzella:
Following our recent communication concerning additional photogrammetric surveys of
commercial properties west of Congress Ave. we are pleased to submit this proposal.
The work described in this proposal will be accomplished in conjunction with and in addition
to the surveys described in our proposal dated January 3, 1994, furthermore, it will add a new
intermediate delivery product requested by the City on or before April 30, 1994 to include all
commercial properties in the area of this, m'~d the areas of. the previous proposal, as indicted
with orange color on the Zoning Map furnished by the City.
The additi6nal project area is the combination of various commercial areas in T452/R43E in
Sections 7, 18, 19, 30, 31 & T465/R43E, Section 6 totaling + 535 (five hundred thirty five) acres
in addition to the + 5182 (five thousand one hundred eighty two) acres described in the previous
proposal.
.We propose to survey the approximately + 535 acres of commercial areas west of Congress Ave.
m accordance with the original specifications to include and price the "Ten Basic" Geographic
Features separately in anticipation of cost sharing with the Property Appraiser, furthermore, to
include the additional 10 (ten) utility related features as specified by the City listed in the above
quoted previous proposal.
Special request of an additional delive_witem and date for the combined commercial areas in this
and in the previous proposal, (combined total acreage of the two proposals is + 5717 five
thousand seven hundred seventeen) acres: -
It is our understanding that the City requests the following:.
(a)
Digital data capture of all specified combined 20 (twenty) Geographic Features in
all commercial properties covering the areas of both proposals in accordance with
the specifications meeting the + 0.5' horizontal accuracies.
NJ: 9285C°mmerceHighwa¥,POB°x557, Fennsauken. NJ08110 800/257-7960 F~X609/486-7778
PR: 280 Kappa D~ve, Pittsburgh, PA15238 412/967-9S77 F~x412/967-9564
CT: 6BirchRoad, Bloomfield;CT06002 203/243~570 Fax203/243~570
FL: ~501 1Ot~StreetWest, Palmetto, FL34221 800/468-4670
RI: 33AlexanderAvenue. Eas~Providence, RI20914 401/434-O13~
CO: 11S5KellyJohnsonf3~vd..Suitel11,Colo~adoSpdn~,C080920 719/590-9989 ,~c~719/590-7262
~IHIBIT A
Mr. Peter V. Mozzella
February 15, 1994
Page 2
CO)
As an addition intermediate delivery product, ADR shall provide AutoCAD files,
prior to field edit by City personnel of all commercial properties on or before
April 30, 1994 to cover all commercial properties in the areas of both proposals.
In order to comply with the above tight schedules, as a special effort, we mobilized our forces
and assigned a field crew to start ground control work on the 12th of this month, hoping for
good weather conditions and completion of ground marking before the 18th of this month, to
be able to expose acceptable photography towards the end of February or beginning of March
and follow up immediately after with the analytical aero-triangulation work which is required
prior to data capture. The short production period available will require to set and reset a large
number of photogrammetric stereo models.
Cost Sharing
This additional acreage was not considered during the early negotiations with the Property
Appraiser. Me. R. Harris indicated that in May of this year he will know if funds will be
available for this area, in which case, we would credit the City toward additional work.
Schedule of Fees
The total production cost of the photogrammetric ground operations
as detailed in Chapter A of the previous Proposal, January 3, 1994,
and digital data capture of the Basic 10 (ten) Geographic Details
of the area + 535 acres is $21,962.00
(a)
The Property Appraiser's share in the case of
cost sharing
$10,981.00
Co)
The City of Boynton Beach's share in case of
cost sharing
$10,981.00
Bo
Additional cost of digital data capture of the
10 (ten) Utility Surface Features as listed in
Chapter B of the previous proposal, Jan. 3, 1994 is
8,159.00
O)
Total combined cost for the City of
Boynton Beach if cost sharing will not be
considered by the Property Appraiser.
$30,121.00
(2)
Total combined cost for the City of
Boynton Beach in case of cost sharing
$19,140.00
AERIAL DATA
REDUCTION
EXHIBIT A
Pennsauken. NJ ' Pittsburgh. PA
E~loomfield CT · Palmetto. FL
Eas Provdence, R · ColoradoSprin~%CO
Mr. Peter V. Mozzella
February 15, 1994
Page 3
Thank you for this opportunity and we wish to assure you that every effort will be made to
meet these tight delivery requirements.
Very truly yours,
ADR ' eo s,,.
cto~OCL ~'ES, D*'C.
Loais Komondi
Regional Manager
Project Coordinator
EXHIBIT B
CONSULTANT will submit invoices mon=hly ~or =he work completed au
the end of each mon=h. Each lnvoice will include a Repor= of
.progress indica=ing =he percentage of the work compieEed a~ each
billing period in each work phase.
ADDENDUM NO. 1
NO.
ten
15,
the designated prO~ec~ Area 1 and Area 2 wzll be ~ozntly owned
the City and the Palm Beach County PROPERTY APPRAISER and will
stored at CONSULTANT,s offices in Pennsauken, N.J.
CITY has :he righ: under :his con:race, at any future :zme :o
foradd~:ional data capture or any related
for an cartographic work, servi=es and materials
fee anywhere in the area of the CITY
and/or anywhere in the SERVICE AREAof the UTILITIES DEPARTMENT.
The CONSULTANT shall be permit=ed to retain copies including
reproducible, copies, of drawings for in~ .' '
use in connect/on w~eh ~n~, ..... ~---~- Z°rmatlO~, reference and
....... ~--,,~u~'~'a~T'S endeavors.
5 The aerial negatIves and the digital data base of the
(10) basic features (see Item A of =he proposal de=ed April
1993), which will be prepared ~rom the aer~ai negatives of
by
be