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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.