R00-059 RESOLUTION NO. R00-~"~'
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 FOR
PROFESSIONAL SERVICES BETWEEN THE CITY OF
BOYNTON BEACH AND McMAHON ASSOCIATES,
INC., PROVIDING FOR TRAFFIC CONSULTING
SERVICES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, upon
· ecommendation of staff, hereby deems it to be in the best interests of the
citizens and residents of the City of Boynton Beach, to approve a Consultant
reement for professional services between the City and McMahon
Les, Inc., to provide traffic consulting services, pursuant to the Quantum
Park Development Order; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida
hereby approve, and authorizes and directs the Mayor and City Clerk to
a Consultant Agreement between the City of Boynton Beach and
Associates, Inc., providing for traffic consulting services, a copy of
said Agreement is attached hereto as Exhibit "A".
Section 2. This Resolution shall become effective immediately upon
e,
PASSED AND ADOPTED this
ATTEST:
3it~; Clerk
~ ".. 192o / ~
:a~res~reeme~ts~gaita~- M~hon Traffic - Quantum 041800
day of May, 2000.
Vice Mayor
Mayor Pro Tem
Commissioner
CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into the ~ day of ,~,~" ,2000 by and
between City of Boynton Beach, Florida, (hereinafter called "CITY"), McMahon Associates, Inc., a
Corporation, with offices at 2240 Woolbright Road, Suite 204, Boynton Beach, FL 33426, (hereinafter
called "CONSULTANTS").
WITNESSETH:
WHEREAS, the CITY wishes to engage CONSULTANTS to provide certain services with
regard to the PROJECT as set forth by Paragraph I, DESCRIPTION OF WORK AND SERVICES; and
WHEREAS, the CONSULTANTS represents that they have the expertise to provide such work
and services;
NOW, THEREFORE, in consideration of the mutual covenants contained herein and intending
to be legally bound, it is agreed that CONSULTANTS are hereby employed, authorized, and instructed
by the CITY to perform such services as are specifically described herein accordance with the following
covenants and conditions, which both CONSULTANTS and the CITY have agreed upon:
I. DESCRIPTION OF WORK AND SERVICES:
A. The CITY desires to complete a traffic analysis for the Quantum Park DRI NOPC,
Amendment No. 10 in such a manner that will help protect the health, safety, welfare and quality of life
of the residents of the CITY. In furtherance of these goals, the CITY desires that the
CONSULTANTS provide professional services within present technological knowledge and accepted
standards and consistent with the current requirement of law. Upon all parties signing this Agreement,
CONSULTANTS shall provide such consultation work and services as stipulated by this Agreement,
later presented in EXHIBIT A:
B. The work and services involved shall include review of all pertinent data, studies and
plans which the CITY has in its possession relating to the DRI, and previous NOPC amendments and
agrees to provide for CONSULTANTS. Unless otherwise agreed upon by both the CITY and the
CONSULTANTS, municipal staff will provide the CONSULTANTS with the Quantum Park
Development Order and supporting documents.
C. The CONSULTANTS shall work closely with the CITY on all aspects of the work and
services. The work will include cooperative working sessions with CITY and public officials, CITY
departments, other CITY representatives, and with other entities contributing to the amendment as
indicated in the project schedule in EXHIBIT B, hereto attached and made a part thereof. The CITY
reserves the right to make minor modifications to, or add or delete elements of the project, as set forth in
EXHIBIT A.
D. The CONSULTANTS agree to provide, at a minimum, weekly oral or telephone status
reports (to include a description of specific tasks and percent of specific tasks and project completed)
and weekly verbal reports (via telephone or facsimile when telephone contact is not possible) which also
CONSULTANT AGREEMENT Page 2
describes all work completed during such periods throughout the term of this Agreement, and further
agree to provide arfy~ddifi6nal information or status reports as reasonably requested by the CITY.
II. MANNER OF PERFORMANCE:
A. The CONSULTANTS agree, as an independent contractor, to undertake work and/or
perform such services as may be specified in this Agreement, or any addendum executed by the parties
or in any authorized written work order by the CITY issued in connection with this Agreement.
B. All work as described herein, shall be performed to the satisfaction of the Planning and
Zoning Manager and/or his designee in a neat and workmanlike manner. All deliverables shall be
provided to the CITY in a timely manner allowing sufficient review time prior to forwarding for further
review by the CITY.
C. Should any work and/or services be required which are not specified in the Agreement or
any addenda, but which is nevertheless necessary for the proper completion of the job, such work or
services shall be performed as fully as if described and delineated herein, but CONSULTANTS shall
first obtain permission from the CITY before starting such work and CITY shall provide payments for
such additional work and/or services at CITY'S expense in accordance with Paragraph III (B) of this
Agreement.
D. The CITY may request that CONSULTANTS make additions, deletions and changes in
the work or services only by written notice in accordance with the procedures hereinafter set forth. Such
shall be at the CITY'S expense and shall not be binding until agreed upon by the parties and such
agreement is reduced to writing and signed by both parties.
E. The CONSULTANTS agree that the CITY shall not be liable for payment for any work
or services unless the CITY, through an authorized representative of the CITY, authorizes the
CONSULTANTS to perform said work.
III. COMPENSATION:
A. As compensation for CONSULTANTS' services, the CITY agrees to pay
CONSULTANTS in accordance with the terms and conditions set forth herein. The CITY shall pay a
sum of $7,430.00 for the work and services to be performed under this Agreement pursuant to EXHIBIT
C, hereto attached, and made a part thereof. Payment of said fee shall be due and payable monthly
within thirty (30) days of invoice as long as said invoice is accompanied by the respective status report
on project progress and includes respective deliverables.
B. If the CITY should desire additional work or services and CONSULTANTS agree to
undertake same, the parties shall agree, in writing, to an addendum or addenda to this Agreement. The
CONSULTANTS shall be compensated for such agreed additional work and services based upon a
payment amount acceptable to the parties.
C. The CONSULTANTS shall maintain records conforming to usual accounting practices
which shall be available to CITY or its authorized representative at all times throughout the term of this
Agreement. The CONSULTANTS further agree to render requests for payment to the CITY, in
writing, setting forth information on actual costs including hourly rates, hours consumed by
CONSULTANT AGREEMENT
Page 3
CONSULTANT, travel expenses, and materials, which shall be submitted simultaneously with the
provision of montbt¥~status'reports. All requests for payment are due and payable within thirty (30)
days of the date of invoice. The amount of each monthly request shall be based upon time, materials,
and other expenses.
IV USE AND OWNERSHIP:
A. All original materials, reports, documents, drawings, specifications, computations,
sketches, test data, photographs, and renderings related to the services and work performed hereunder
shall be the property of the CITY, once the CITY has paid CONSULTANTS in full for services
rendered to date. The CITY shall be entitled to one (1) reproducible set of any of the aforesaid
deliverables which are prepared by CONSULTANTS and fifteen (15) copies of the DRI NOPC final
review.
B. The CONSULTANTS agree that the CITY is not required in its development activities
to use any plan, report, drawing, advice, map, document, or study prepared by CONSULTANTS.
Further, CONSULTANTS agree that the CITY in its sole discretion, may utilize the aforesaid, or any
part thereof, or in any modified or amended form and CONSULTANTS waive any right of amendment
to any of CONSULTANTS' work by the CITY or any person, firm or corporation other than
CONSULTANTS shall release CONSULTANTS from any' and all liability in connection with such
work thereafter and the CITY shall not use CONSULTANTS' name thereon.
V. INDEMNIFICATION:
A. The CONSULTANTS shall promptly notify the Accounting Department and Legal
Department of the CITY of all damage to property of the CITY or others and of injuries sustained by
any persons, including employees of the CONSULTANTS, in any manner relating directly or indirectly
to the work within the scope of this Agreement.
B. The CONSULTANTS agree to and do hereby indemnify and save the CITY harmless
from and against any and all losses, damage, claims, actions, liability, attorney's fees, and expense in
contract or in tort, in connection with loss of life, bodily injury and/or property damage occurring on or
about or arising out of those portions of the work under CONSULTANTS' control or wherever arising
if occasioned wholly by negligence of CONSULTANTS, or by them or their agents, servants,
employees, should the same arise during the progress of the work.
C. Notwithstanding anything to the contrary herein contained, each party hereby waives all
claims for the recovery from the other party for any loss or damage to its property caused by fire or other
insured casualty. This waiver shall apply, however, only where the insurance covering the loss or
damage will not be prejudiced by any reason of such waiver.
VI. INSURANCE:
A. The CONSULTANTS shall secure and maintain in effect at all times, at their expense,
insurance of the following kinds and limits to cover all locations of the CONSULTANTS' operations in
connection with work on the PROJECT:
CONSULTANT AGREEMENT Page 4
1. Worker's Compensation and Employer's Liability covering, employees of the
CONSI:J-LTANTS.
a. Worker's Compensation up to statutory limits.
b. Employer's Liability with a limit of liability of at least $1,000,000.00.
Public Liability Insurance covering the CONSULTANTS' legal liability for bodily
injuries in limits of not less than $1,000,000.00 per person and $1,000,000.00 per
occurrence and for property damage of not less than $100,000.00 per accident and
$200,000.00 aggregate.
o
Automobile Liability Insurance for bodily injuries in limits of not less than
$1,000,000.00 per person and $1,000,000.00 per accident and for property damages
of not less than $200,000.00 per accident, providing coverage for any accident arising
out of or resulting from the operation, maintenance or use by CONSULTANTS of
any owned, non-owned or hired automobiles, trailers or.other equipment required to
be licensed.
Professional Liability Insurance for all facets of CONSULTANTS' operations and
work, including errors, omission and negligent acts covering this Agreement with
minimum limits of $1,000,000.00 liability per occurrence and $1,000,000.00
aggregate errors and omissions.
VII. COMPLIANCE WITH GOVERNMENTAL REGULATIONS:
The parties shall keep and perform all requirements of applicable Federal, State and local laws,
roles, regulations or ordinances.
VIII. LIENS AND CLAIMS:
The CONSULTANTS shall promptly and properly pay for all labor employed, materials
purchased and equipment hired by them in connection with the work, shall keep the CITY'S property
free from any materialism's or mechanics' liens and claims or notices in respect thereto arising by
reason of the CONSULTANTS' work and shall discharge the same. In the event that the
CONSULTANTS do not pay or satisfy such claim or lien within ten (I0) business days after the filing
of notice thereof, the CITY, in addition to any and all other remedies, may forthwith terminate this
Agreement, effective immediately.
IX. DEFAULT:
A. The occurrence of any of the following, by either party, shall constitute an event of
default hereunder:
1. The filing of a petition by or against or for adjudication as a bankrupt or insolvent, or
for reorganization, for the appointment of a receiver or trustee of the property.
2. An assignment for the benefit of creditors.
CONSULTANT AGREEMENT Page 5
3. The taking of possession of the property by any governmental officer or agency
p~tiahf to statutory authority for the dissolution or liquidation of the business.
4. Non-payment of compensations due hereunder for CONSULTANTS' services.
B. Upon the occurrence of any of the foregoing, or if either party shall fail to discharge and
perform the obligations under this Agreement after having received five (5) days written notice from the
non-defaulting party of its failure to perform, the non-defaulting party shall have the right, without
prejudice to any right or remedy afforded by law or equity, to terminate their performance of the
Agreement.
C. If the defaulting party is the CONSULTANTS and the CITY elects to terminate the
Agreement, the CONSULTANTS shall remove themselves from the premises and turn over to the
CITY as the CITY's property, all materials, reports, maps, documents, plans, and other written
documents prepared or obtained by the CONSULTANTS incident to their work under this Agreement
upon payment in full by the CITY of all amounts due and owing to the CONSULTANTS.
D. If the defaulting party is the CITY, CONSULTANTS shall not be required to deliver
any work product performed under this Agreement, including but not limited to materials, reports, maps,
documents, plans or other written documents prepared or obtained by CONSULTANTS incident to its
work under this Agreement unless and until all defaults or CITY have been cured and all payments due
CONSULTANTS have been made.
E, If it should become necessary for either of the parties to resort to legal action because of a
default by the other party, then each shall pay its own legal fees, including appellate proceedings.
X. WARRANTIES AND CONFLICT OF INTEREST:
The CONSULTANTS represent and warrant that they have every legal right to enter into this
Agreement and the CONSULTANTS will not be restricted in providing the performance hereunder by
any prior commitments. The CONSULTANTS hereby warrant that there is no conflict of interest in
CONSULTANTS present employment, if any, with the activities to be performed hereunder and shall
advise the CITY if a conflict of interest arises in the future.
311. SUCCESSORS:
This Agreement shall insure to the benefit of and be binding upon the heirs, executor,
administrators, successors and assigns of the parties hereto, except as expressly limited herein.
XII. PERMITS AND LICENSES:
All permits and licenses required by any governmental agency shall be paid for by the CITY,
and reimbursed by the applicant.
XIII. ASSIGNMENT:
This Agreement and the services hereunder are non-assignable by CONSULTANTS unless the
CITY has given written consent. This Agreement and the obligations hereunder are not assignable by
CONSULTANT AGREEMENT Page 6
CITY unless CONSULTANTS have given written consent to such assignment.
assignment withoufg/id~v~xltten consent shall be void.
Any attempted
XIV. SCHEDULE:
The work and services set forth in this Agreement shall be completed as provided on the
Schedule contained in the aforementioned EXHIBIT B, in Paragraph I (C), or in accordance with any
other date agreed upon in writing by both parties.
XV. INDEPENDENT CONTRACTOR:
In all matters relating to this Agreement, the CONSULTANTS shall be acting as an independent
contractor. Neither the CONSULTANTS nor employees of the CONSULTANTS, if any, are
employees of the CITY under the meaning or application of any Federal or State Unemployment or
Insurance laws or Old Age laws, or otherwise. The CONSULTANTS agree to assume all liabilities or
obligations imposed by any one or more of such laws with respect to employees of the
CONSULTANTS, if any, in the performance of this Agreement. The CONSULTANTS shall not have
any authority to assume or create any obligation, express or implied, on behalf of the CITY and the
CONSULTANTS shall have no authority to represent as agent, employee, or in any other capacity than
as hereinbefore set forth.
XVI. HEADINGS:
The headings used in this Agreement are for reference only and shall not be relied upon nor used
in the interpretation of same.
XVII. INTERPRETATION:
A. If the CONSULTANTS be a partnership or corporation, all words in this Agreement
referring to the CONSULTANTS shall be read as though written in the plural or in the neuter gender, as
the case may be.
B. This Agreement and all of the terms and provisions shall be interpreted and construed
according to the law of the State of Florida. Should any clause, paragraph, or other part of this
Agreement be held or declared to be void or illegal, for any reason, by any Court having competent
jurisdiction, all other clauses, paragraphs or parts of this Agreement shall, nevertheless, remain in full
force and effect.
C. This Agreement between the parties shall be deemed to include this Agreement and any
addendum pertaining hereto as may be executed by the parties. The CITY shall not be bound by an
addendum or change order hereto unless it is signed by an executive officer or such other authorized
representative of the CITY. The CONSULTANTS shall not be bound by any addendum or change
order hereto unless it is signed by an officer of the CONSULTANTS.
XVIII. MISCELLANEOUS:
A. Litigation: It is understood that the fixed sum payment amount set forth in Paragraph
III (A) does not include compensation to CONSULTANTS for assisting the CITY in litigation in which
CONSULTANT AGREEMENT
Page 7
the CITY may be involved.__ _ If the CITY desires assistance from the CONSULTANT in litigation, the
parties shall agree id ~t£n~ on the compensation.
B. Records: All records relating to the work performed and reimbursable expenses
incurred, including reports of accounts, shall be maintained by CONSULTANTS on generally accepted
accounting principles and shall be available to the CITY or its authorized representatives.
XIX. NOTICE:
Any notice provided by this Agreement to be served in writing upon either of the parties shall be
deemed sufficient if delivered to an authorized representative of either of the parties, or if mailed by
registered or certified mail, return receipt requested, to the address of the party above written or to such
other addresses as the parties hereto may designate in writing. Such notice shall be effective from the
date the same is deposited in the malls, registered or certified mail, return receipt requested, first class
postage prepaid and addressed, whether or not received.
XX. TERMINATION:
It is hereby agreed that this Agreement is for a term commencing on the date first above written,
and ending 30-calendar days following approval by the City of the final report hence, and may be
extended for a specific period of time and for mutually agreed upon compensation. It is understood,
however, that future extensions may be made only if fully executed in writing by the parties hereto.
Notwithstanding the foregoing, either party can terminate this Agreement upon thirty (30) days
written notice.
XXI. ENTIRE UNDERSTANDING:
This Agreement contains the entire understanding between the parties and no modification or
alteration of this Agreement shall be binding unless endorsed in writing by the parties hereto.
XX[I. BINDING EFFECT:
This Agreement shall not be binding until executed by all parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly
authorized representatives on the date first above written.
CONSULTANT AGREEMENT Page 8
ATTEST:
Helen S yenetuo~
My Commission C0579577'
Expires Aug. 25, 2000
McMahon Associates, Inc.
(CONSULTAN~S~
ATTEST:
CITY OF BOYNTON BEACH
By:
Title:
F:~00037_0~)OCUMEN~ConsultAgre~mcnt. DOC
CONSULTANT AGREEMENT Page 9
EXHIBIT A
SCOPE OF SERVICES:
Task 1 - Inventory/Agency Coordination
We will initiate a project scoping meeting with the CITY, at the outset of the project. This meeting
will discuss the scope of the review and refine the aspects of all work and deliverables to be produced
by the CONSULTANT for the project.
Obtain and review all applicable documentation, including the original DRI and the nine (9)
subsequent amendments of the Quantum Park DRI. We are assuming that in cooperation with the
CITY, they will produce all existing available information, and make this information available to the
CONSULTANT.
We will field review the study area and conduct windshield surveys, as required, of the surrounding
roads and intersections of the Quantum Park, noting pertinent physical features and traffic control
devices.
4. Secure all appropriate existing and future land use data for the study area, as available from the
CITY.
Task 2 - Review of NOPC- Amendment No. 10
1. Evaluate the transportation elements of the previous nine (9) amendments. Cross-examine the
findings of transportation elements with the original DRI and Development Order (Do).
Separately review the transportation'elements of the proposed Amendment No. 10. Cross-examine
the findings from this .review with the original DRI and DO, and determine
consistencies/inconsistencies with the plan.
Evaluate the proposed Amendment No. 10 against the criteria stipulated by the Treasure Coast
Regional Planning Council. Determine if the NOPC meets the established requirements or is
classified as a substantial deviation.
4. Evaluate the number of vested trips for the original DRI. Determine if the NOPC Amendment No. 10
meets the vested trips, or exceeds, thereby resulting in a substantial deviation.
5. Evaluate the land uses. Determine if the land uses proposed in the NOPC, Amendment No. 10 match
those consistent with the CITY and the DRI.
Task 3 - Reports, Meetings and Project Administration
We will prepare a draft report from our review/analysis, and submit to the CITY for review and
comment. The report will contain the information collected from Task 1, the basis for the review.
Appropriate graphics will be included in the report. We will provide five (5) copies of this draft
report.
We will meet with CITY staffto discuss the draft report and address comments. Also, each meeting
will be documented and included in the report to support the consensus for the plan. We assume that
three (3) meetings, following execution of the contract, will be required during this process. The first
meeting will be project initiation, and the second meeting will be to review the draft report, and the
CONSULTANT AGREEMENT Page 10
third me~t_'L_ng._~ith the CITY Planning and Zoning Board. Each meeting will be documented and --
included in the report.
3. A final report will be submitted to the CITY incorporating all of the comments received to date. This ....
report will be utilized for the CITY to coordinate with the DRI applicant.
4. The final report will be formally presented at one City Planning and Zoning Board meeting.
The final report will be modified by the CONSULTANT and resubmitted for final review by the
CITY based on the comments received from the City Planning and Zoning Board. We will resubmit
fifteen (15) copies of the final report once approved by the Planning and Zoning Manager, and/or the
Manager's designee.
F:\M00037_l~DOCUMENT~ConsuitAgreemenLDOC
CONSULTANT AGREEMENT
Page 11
EXHIBIT B
PROJECT SCHEDULE:
The CONSULTANT agrees to complete the work and services, as stipulated by this Agreement,
presented in EXHIBIT A, in fourteen (14) calendar days, from receipt of the traffic analysis and existing
DRI and Development Order data, provided by the CITY. The CITY agrees to provide said traffic
analysis and DRI data from the applicant of the Quantum Park DRI. Upon receipt of the traffic analysis
and DRI data, the CONSULTANT will expedite the required review. The CONSULTANT will notify
the CITY of any delay in the review, or lack of any information necessary to complete the review.
Should any time extension be necessary, the CITY and the CONSULTANT will agree, and assign to
each in writing.
The schedule for completion may also be affected by outside agencies, which are beyond the
control of the CONSULTANT. The CONSULTANT is anticipating that a meeting or telephone
interview may be required with the Treasure Coas~ Regional Planning Council. The availability of the
representative of this agency may affect the project inventory of data and, thereby affect the anticipated
schedule.
.CONSULTANT AGREEMENT Page 12
EXHIBIT C
FEE - LUMP SUM (Including Expenses)
Task 1. Inventory/Agency Coordination
Project Manager 2 Hrs x
Transportation Engineer/Planner 16 Hrs x
Sub-Total 18 Hrs
$105.00
$70.00
210.00
1,120.00
$1,330.00
Task 2. Review ofNOPC - Amendment No. 10
Principal-in-Charge 2 Hrs x
Transportation Specialist 2 Hrs x
Project Manager 8 Hrs x
Transportation Engineer/Planner 16 Hrs x
Sub-Total
28 Hfs
$130.00
$150.00
$105.00
$70.00
260.00
300.00
840.00
1,120.00
$2,520.00
Task 3. Reports, Meetings and Project Administration
Principle-in-Charge 2 Hrs x
TranSportation Specialist 2 Hrs x
Project Manager 16 Hrs x
Transportation Engineer/Planner 12 Hfs x
Clerical 4 I-Irs x
Sub-Total
36 Hfs
$130.00
$150.00
$105.00
$70.00
$45.00
260.00
300.00
1,680.00
840.00
180.00
$3,260.00
Sub-Total
Direct/Indirect Labor, including overhead and profit
$7,110.00
Direct Expenses
Photocopy (b/w & color), mileage, report reproduction
$320.00
Total Contract Costs
$7,430.00
F:\M0003 7_0kDOCUMENT~ConsuitAgreement. DOC