R99-040RESOLUTION NO. R99- ~
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 BETWEEN THE CITY OF BOYNTON
BEACH AND McMAHON ASSOCIATES, TO PROVIDE
A CENTRAL BUSINESS DISTRICT/WATERFRONT
SHARED PARKING ANALYSIS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, at the February 10, 1999 Community Redevelopment Agency
meeting, the Commission sitting as the Agency, ratified the selection of McMahon
Associates to prepare a Central Business District/Waterfront Shared Parking Analysis;
and
WItEREAS, this project falls under the Vision 20/20 Master Plan
implementation program; and
WI-IEREAS, the City Commission of the City of Boynton Beach deems it to be
in the best interests of the residents of the City to enter into a Contract with McMahon
Associates to prepare a Central Business District/Waterfront Shared Parking Analysis;
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 does
hereby authorize and direct the Mayor and City Clerk to enter into a Consultant
Agreement between the City of Boynton Beach and McMahon Associates, to prepare a
Central Business District/Waterfront Shared Parking Analysis, at a cost not to exceed
$10,000.00.
Section 2. This Resolution shall become effective immediately upon passage.
CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into the /~7 day of //~,e~/ , 1999 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 shared parking analysis for the Downtown/Waterfront
study area 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 perform such consultation work and services as stipulated by this Agreement,
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 parking 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 local comprehensive plan 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 Parking Study
product 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 on EXI-IIBIT A.
D. The CONSULTANTS agree to providing, at a minimum, monthly written reports (to
include hours spent by whom, a description of specific tasks and corresponding hours consumed, and
percent of specific tasks and project completed) and weekly reports (via telephone or facsimile when
telephone contact is not possible) which also describes all work completed during such periods
CONSULTANT AGREEMENT
Page 2
throughout the term of this Agreement, and further agree to provide any additional information or status
reports as reasonably requested by the CITY.
E. Unless otherwise agreed upon in writing by both parties, communications, as described in
Paragraph D above, will occur between the CONSULTANTS and the Planning and Zoning Manager
and/or the Manager' s designee.
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, and each draft described herein, shall be performed to the satisfaction of the
Planning and Zoning Manager and/or his designee in a neat and workmanlike manner. Ail 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 serviced 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 $10,000.00 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
monthly 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.
CONSULTANT AGREEMENT Page 3
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, travel expenses, and materials, which shall be submitted simultaneously with the
provision of monthly status reports. All payments 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 sets of any of the aforesaid
deliverables which are prepared by CONSULTANTS and fifteen (15) copies of final report.
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 porson, 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.
CONS ULTANT AGREEMENT Page 4
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:
1. Worker's Compensation and Employer's Liability covering employees of the
CONSULTANTS.
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.
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,
rules, 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 (10) 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:
CONSULTANT AGREEMENT Page 5
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.
3. The taking of possession of the property by any governmental officer or agency
pursuant 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 (~eliver
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
defauk 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.
XI. 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.
CONSULTANT AGREEMENT Page 6
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
CITY unless CONSULTANTS have given written consent to such assignment. Any attempted
assignment without such written consent shall be void.
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 nay 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.
CONSULTANT AGREEMENT Page 7
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
the CITY may be involved. If the CITY desires assistance from the CONSULTANT in litigation, the
parties shall agree in writing 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 mails, 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 one year 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.
XX[. 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.
XXII. BINDING EFFECT:
This Agreement shall not be binding until executed by all parties.
IN WITNESS WHEKEOF, 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 Venetucc4
My Commission CC579577
Expires Aug. 25, 2000
McMahon Associates, Inc.
By:(CONSULTANTS) ~x~/~6 f~
Title: 'A-sgo ciat e
ATTEST:
CITY OF BOYNTON BEACH
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CONSULTANT AGREEMENT Page 9
EXHIBIT A
SCOPE OF SERVICES:
Task 1 - Inventory
We will initiate a project scoping meeting with the City, at the outset of the project. This meeting
will discuss the scope of the study and refine the aspects of all work and deliverables to be produced
for the project.
Obtain and review all applicable documentation, including the recently completed plan for the Central
Business District/Waterfront area. We are assuming that in cooperation with the City, they will
produce all existing available information, and make this information available to the consultant.
Obtain and review available traffic count and parking inventory and use data from all other sources;
e.g., FDOT, Palm Beach County, local data available from municipal and private sources. We will
utilize the existing Year 2020 West Palm Beach Urban Study Area Long-Range Transportation Plan
Update, for traffic projection information.
4. Determine what supplemental parking, traffic count and other data needs to be collected for the
project. This level of effort will be kept.to a minimum number of count locations, which will be
sufficient for successful completion of the project, and reviewed with the City staff at the initial
scoping meeting. -
¢
5. Secure all appropriate existing and fut/tre land use data for the study area,'as available from the CITY.
We will field review the study ~ea and conduct windshield surveys', as required, of the adjacent roads
and intersections, noting pertinent physical features, on- and off-street parking facilities, and traffic
control devices. We will evaluate both on- and off-street parking to include a Friday and Saturday
evening, and a mid-week evening, from 6:00 PM to midnight. This level of effort will supplement
the windshield survey. We will observe current traffic operations during peak time periods, to
identify key issues including:
· Major vehicular and pedestrian conflicts
· Traffic approach and departure patterns
· Utilization of both on and off-street parking facilities
· Auto occupancy, as required
7. Establish a zone system for analysis of existing and future parking demand.
Task 2 - Parking Analysis
We will establish the parking utilization characteristics from the foregoing data collection. Summary
information will be provided by facility in tabular and graphic form which will indicate the capacity
of the respective facilities surveyed and the accumulation of parking by hour.
Accordingly, a shared parking demand analysis will be prepared using procedures contained in the
Urban Land Institute Publication "Shared Parking." Parking demand estimates on a daily and hourly
basis shall be developed on a zone-by-zone basis.
3. We will prepare shared parking accumulation curves representative of future demands for the
respective zones or groups of zones.
CONSULTANT AGREEMENT Page 10
We will determine the potential reduction in required new parking spaces due to excess capacity ~
associated with existing facilities. Other aspects to be considered, include location and configuration i
of existing parking, proximity to and availability of public transportation, local shuttles, and other
strategies. ~
We will evaluate the need for additional on- and off-street parking by area. We Will also establish a
range of off-street parking needs based on up to three future development options for the study area.
In cooperation with the City, we will establish the potential need for and location of a parking garage,
or garages. We will also consider conceptual design elements, including location, configuration,
parking layout, internal vehicle circulation, pedestrian circulation, garage ingress and egress, and
parking control equipment, or procedures. This effort will involve conceptual depiction of parking
structures noting approximate configurations utilizing available information from ITE publications
and other industry sources.
7. We will prepare a program of recommendations based on the foregoing analysis steps. The program
will include alternative strategies for consideration by the City.
Task 3 - Costs/Implementation
1. We will prepare order of magnitude (i.e., planning level) costs for the recommended program,
including, as appropriate, alternative strategies included in the recommended plan.
2. We will identify potential funding sources and provide a proforma revenue/cost analysis. This level
of work will produce a "break-even" analysis based upon the estimated demands for use generated by
the parking facility. This will establish the.approximate parking rate schedule necessary to operate a
ati
"break-even" oper on.
3. We will prepare an implementation plan including time schedule, based on the foregoing
recommendation program.
Task 4 - Reports, Meetings and Presentation
1. We will prepare a suitably illustrated draft report for review and comment by the City. The report
will contain the information collected and the parking analysis. Appropriate graphics will be included
in the report, which were utihzed to illustrate the findings from the analysis. Also, each meeting will
be documented and included in the report to support the consensus for the plan. We will provide 15
copies of this draft report.
2. We will meet with City staff to discuss the report and address comments. We assume that three (3)
meetings, following execution of the contract, will be required during this process. 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 programmed public meetings.
4. The final report will be formally presented at one City Planning and Zoning Board and one City
Commission meeting, or alternatively, at two City Commission meetings.
5. The final report will be modified and resubmitted for final review by the CITY based on the
comments received from City officials. We will resubmit fifteen (15) copies of the final report once
approved by the Planning and Zoning Manager and/or the Manager's designee.
6. We will attend, and make presentations at two (2) public meetings regarding the shared parking
analysis at appropriate times in the study process.
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CONSULTANT AGREEMENT Page 11
EXHIBIT C
FEE - LUMP SUM (Including Expenses)
Task 1. Inventory
Project Manager 4 Hrs
Transportation Engineer 24 Hrs
Sub-Total
28 Hrs
x $95.00 = 380.00
x $65.00 = 1,560.00
$1,940.00
Task 2. Parking Analysis
Principle-in-Charge 4 Hrs x $120.00 = 480.00
Specialist 2 Hrs x $150.00 = 300.00
Project Manager 6 Hrs x $95.00 = 570.00
Transportation Engineer 24 Hrs x $65.00 = 1,560.00
Sub-Total 36 Hrs $2,910.00
Task 3. Costs/Implementation
Principle-in-Charge 2 Hrs X $120.00 = 240.00
Specialist 2 Hrs x .$150.00 = 300.00
Project Manager 4 Hrs ' x $9~.00 = 380.00
Transportation Engineer 12 Hrs x $65.00 = 780.00
Clerical 2Hrs ' x '$45.00 = 90.00
Sub-Total 22 I-Irs $1,790.00
Task 4. Reports, Meetings and Presentations
Principle-in-Charge 4 Hrs x $120.00 = 480.00
Specialist 2 Hrs x $150.00 = 300.00
Project Manager 12 Hrs x $95.00 = 1,140.00
Transportation Engineer 16 Hrs x $65.00 = 1,040.00
Sub-Total 34 Hrs $2,960.00
Sub-Total
Direct/Indirect Labor, including overhead and profit
Direct Expenses
Photocopy (b/w & color), mileage, photographs, report reproduction
$9,600.00
$400.00
Total Contract Costs
$10,000.00
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