R93-76RESOLUTION NO. R93-7~
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'S AGREEMENT WITH AERIAL
DATA REDUCTION ASSOCIATES, INC.
(ADR), FOR AERIAL MAPPING SERVICES;
SAID AGREEMENT BEING ATTACHED HERETO
AS EXHIBIT "A"; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, upon recommendation of staff, the City
Commission of the City of Boynton Beach5 deems it to be in the
best interest of the citizens and residents of the City to
execute the above referenced Agreement, providing for aerial
mapping services related to the two-inch water main
replacement program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY-OF BOY,TON BEACH, FLORIDA THAT:
Section 1. The City Commission of the City of Boynton
Beach, Florida, does hereby authorize and direct the Mayor and
City Clerk to execute the Agreement with Aerial Data Reduction
Associates, Inc., (ADR), attached hereto as Exhibit "A".
Section 2. This Resolution
immediately upon passage.
shall take effect
1993.
PASSED AND ADOPTED this /~ day of May,
CITY OF BOYN/TON BEACH,
~4ayor
FLORIDA
ATTEST:
Cit~ Clerk
(Corporate Seal )
Authsig. WP5
ADR.Agr
5/12/93
CONSULTANT AGREEMENT FORM
Autc~ated Desiqn Mappinq SERVICES
THIS AGREEMENT is entered into between the City of Boynton Beach,
hereinafter referred to as "the City", and Aerial DataReductionAssoc. Inq
hereinafter referred to as "the Consultant", in consideration of the
mutual benefits, terms, and conditions hereinafter specified.
Project Designation. The Consultant is retained by the City to
perform ~c~atedDesi_cnMapplnq services in connection with the
project designated 2"wat~inr~_plac~nenturoject
Scope of Services. Consultant agrees to perform the services,
identifiedon~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'no~ice k
to proceedl Consultant shall perform alt and provide
all work.product required pursuant to thisagreement within
365 calendar days from the date written notice is
given to proceed, unless an extension of such ti~e is granted in
writing by the City.
~. The Consultant shall be paid by the City for completed
work ~nd for services rendered under this agreement as follows:
Payment for the.work provided by
provided on Exhibit "~'i. atta6he~
total amount of payment to C~nsut
$ 75.563 without express.
agreement signed by the City.
as
that the
of the
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. will be
checked by the C~ty, and upo~]~ will
be made to the' ConsuttaRt in lthe
Final payment of .any balance due
contract price e~rne~il% be ]
ascertainment an~ verificati6n
completion of the work under this
acceptance by the City.
~ts
lfter the
agreement and its
total
Payment as provided in this
compensation for work
all materials,
to complete the work.
and for
necessary
The Consultant's records and
agreement are to be kept avai%ab]
representatives of the 'City and s
this
PeriOd of
sccIa~2~s~curl~c~-o~--f6f-~ntrtDu=lng co the stat~'~hd~tr~
· nsurance program, otherwise assummng the duties of an employer
with respect to Consultant, or any employee of Consultant.
CONSULTANT AGREEMENT FORM
Autc~ated Desiqn Mapping SERVICES
THIS AGREEMENT is entered into between the City of Boynton Beach,
hereinafter referred to as "the City", and Aerial DataReduc~ionAssoc. Inq
hereinafter referred to as "the Consultant", in consideration of the
mutual benefits, terms, and conditions hereinafter specified.
Project Desi9nation. The Consultant is retained by the City to
perform A~7~tedDesi?uM~ppinq services in connection with the
project designated 2"w~t~rma~n rep_lac~n~ project
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 givzng of written notice by the City to the Consultant
to proeeedl Consultant shall perform all services and provide
all work.product required pursuant to this agreement within
~365 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 comoleted
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 amount of payment to Consultant shall not exceed
$ 75.563 without express written modification of the
agreement signed by the City.
The consultant may submit vouchers to the City once per
month during the progress of the work for partial paymenu
for project completed to date. Such vouchers will be
checked by the City, and upon approval thereof, payment will
be made to the Consulta~t in the amount approved.
Final payment of any balance due the Consultant of the
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.
total
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 kapt available for inspection by
representatives of the City and state for a period of
Consultan= Agreement
Page 2
three (3) years after final payments. Copies shall be made
available upon request.
*5.
Ownership and Use of Documents.
specL~atiens and ~%%er matcr~-~s
he ~ ~pcrty ~ %~ S~ w~r tl~e
tu ~%ai~ ~, ~~ ~du~ copm=~, ~ draw~ and
~ificetic~ f~ infcrmat-~n, ~ze~= an~ ~ ~ ~~n
~ ~ul~!~ cndcavcrs. *~ add~d~ ~. 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.
e
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, arising from injury
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 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 ls 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 Consultan=, or any employee of Consultan=.
Consultant Agreement
Page 3
10.
11.
12.
13.
Covenan~ A~ainst Contingent Fees. The Consultant warrants that
he has not employed or retained any company or person, other than
a bonafide employee working solely ~or 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 Prohibitad. 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.
14. Termination.
15.
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 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.
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 4
1'6 o
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: Peter Mazzella / Ut~]4fiesDepartmant
address:Notices to Consultant shall be sent to the following
be
Aerial Data Reduction Assoc. Inc.
q285 Cc~nrnerce Hiqhway
17.
P~nn~-,al]ken ,.. 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 /g day of
CITY OF B~yNTON BEACH
Mayor
Attest/Authenticated:
1993
Consultaht _ Louis Kc~ondi
.Req±onal Manager - Project CoordiDator
Title
(Corporate Seal)
Approved as to Form: Attest/Authenticated:
O{fice of aa ~z~y Attorney Secretary
,Kev. 1/22/91
AERIAL DATA
REDUCTION
ASSOCIATES. INC,
Photogramme~ric Engineering - Geographic Information Systems · Geodetic
Control Surveys · GPS Surveys · CAD Hardware. Software and Suppor[ ·
Photo Interpretal:ion · Terrestria~ Photogrammetry · Aerial Photography
May 7, 1993
EXHIBIT A
City of Boynton Beach
Utilities Depm hnent
124 S.E. 15th Avenue
Boynton Beach, FL 33425-0310
Reference:
AUTOMATED DESIGN BASE MAPS
JOINT EFFORT WITH PALM BEACH COUNTY
ADR FILE E 17384
A. The project areas of mutual interest:
Area
Beginning at the northern City line between 1-95
and the Intercostal Waterway, south in
T45S/R43E, Sections 15, -16, -21, -22 to the
Boynton Canal C-16 not to exceed + 890 acres.
Area 2
Water main replacement target area: Beginning
at the Boynton Canal C-16 south in T45S/R43E,
Sections 21, -22, -27 and 28, totaling + 1260 acres.
In the following we describe the work phases of the mutually useable
digital land base in chronological sequences:
Project Planning
Low altitude precision aerial photography
Horizontal geodetic ground control by Global Positioning System (GPS)
and partially standard procedure.
Preparation of the stereo model diapositives.
Model setups and stereo digitizing o.f the following basic 10 (ten)
geographic fmtures vis~Ie on the photography:
All drainage features: coast shorelines, lakes, rivers, canals,
etc.
Curbs and gutters
Buildings
Railroad
NJ: 9285CommerceHig~way. POI3ox557. PennsaukenNJO8110 800/257-7960 Fax609/486-7778
PR: 280KappalDfive. Pittsburgh. PA15238 412/967-9577 Fax~412/967-9564
CT: 6131rchRoad, Bloomfie~.CT06002 203/243-8570 Fax203/243-8570
FL: 3501 10thSt~eetWest. Palmetto FL34221 800 468-4670
RI: 33A[exanderAv~-iue EastProvide~ce RI20914 .q01/434-0134
CO: 1155Ke]lyJohnsonBIvd..Suite111.ColoradoSpdngs. COS0920 719/590-9989 Fox719/§90*7262
AERIAL DATA PennsauKen NJ · Pi~:~burgn. PA
REDUCTION Bloomfield £T · Palmetto. FL
Co
Roads as indicated by edge of curb or edge of travelled
surface where no curbs exist.
Radio and television towers
Fences, wails and other features, which appear to be property
lines.
State Plane Coordinates of section and quarter-section comers,
where coindding with ADR's layout.
Back edges of side waiks (property side).
Major intersections (traffic islands, painted symbols).
In the following we described the additionai work required by the City of
Boynton Beach Utilities Department for design purposes in Area A-2
( + 1260 acres).
In a simultaneous operation together with the above listed '"oasic ten"
geographic details, we will stereo digitize the below listed additional
features visible on the photography which will be ground marked by the
City of Boynton Beach in time before exposing the aerial negatives:
Sanitary server manholes
St6rm water manholes
Valve boxes
Fire hydrants
Catch basins, yard inlets,
culverts
Lift Stations
Driveways
Side-
waiks
(Outside)
Utility Poles
Swimming Pools
Patios, etc.
(impervious
areas)
Horizontal accuracy will be + 0.5 (six inches) of ail stereo digitized features
to be plotted with analytic stereo plotters in both areas A-1 and A-2.
List of Delivery Items:
One set of aeriai indexes
One set of contact prints of the 1" = 300' aerial photography on RC
paper.
One set of digital preliminary output on transparent paper at the
scale of 1" = 30' on model format.
Final translation of geographic landbase either AutoCAD or DXF
format.
Areas of mutual cost sharing:
Area A-1
Total Production Cost
(a) Property Appraiser's Share - 50%
Co) City of Boynton Beach's Share - 50%
$ 18r260.00
$ 1&260.00
$ 36,520.00
+ 1260 Acres
Area A-2 Target Area
Total Production Cost
(a) Property Appraiser's Share - 50%
Co) City of Boynton Beach's Share - 50%
$ 50,450.00
$ 25,225.00
$ 25,225.00
Additional Cost for the Production of the
Features Listed in Chapter B for Area-2
(t. 1260 Acres)
$ 32r078.00 ~+(see breakdown)
Total Cost for the City of Boynton Beach
75,563.00
~(Stereo data capture for additional
features - 1260 acres .... S 17,428.00
Hard copy outputs (approx. 120
maps ..................... $ 14,650.00)
Louis Komondi
Regional Manager
Project Coordinator
~XHIBiT B
CONSULTANT will submit znvolces monthly for the work compiened an
the end of each monmn. Each invoice will include a Report of
progress indicating the percentage of ~e work completed at each
billing period in each work phase.
ADDENDUM NO. 1
No. 5 The aerlai nega5zves and the digital data base of 5he
sen (10) basic feasures (see item A of E~e proposal dased April
i5, 1993;, which will De prepared from the aerzai negatives of
the designated pro3ect Area i ann Area 2 w~ii be jolntty owned by
the City and the Palm Beac~ County PROPERTY APPRAISER and will be
stored at CONSULTANT'S offices in Pennsauken, N.J.
CITY has the righ5 under this Contract at any future time 5o
reques5 CONSULTANT for additional data-capture or any related
photogrammeErlc and~or carEographlc work, services and maLerlais
for an additional negotiated fee anywhere in the area of the CITY
and/or anywhere in t~e SERVICE AREA ot the UTILITIES DEPARTMENT.
The CONSULTANT shall be permmtted to retain copies, including
reproducible copies, of drawings for lnformas10n~ reference and
use mn connection with CONSULTANT's endeavors.