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LEGAL APPROVAL I Bqard of Coun_ty commiSfiot.rs Carol A Roberts, Chair Kenneth M Adams, Vice Chair an Karen T Marcus Carol J L1mcjuist Dorothy Wilken ~ ~,4:)<-- County Administrator Jan Winters Department of Engineering and Puhlic \V orks II F Kahlert County l:ngineer -'" RECEIVED July 21, 1987 JUl 27 1981 PLANNli\G ur.:.,.JT Steven W Deutsch Quantum Park 2455 East Sunrise Boulevard Suite 1106 Fort Lauderdale, FL 33304 SUBJECT AGREEMENT CONCERNING IMPROVEMENTS TO NORTHWEST 22ND AVENUE FROM CONGRESS AVENUE TO SEACREST BOULEVARD INCLUDING CONSTRUCTION OF A NEW BRIDGE OVER THE E-4 CANAL Dear Mr Deutsch On June 30, 1987, the Board of County Commissioners adopted Resolution No R-87-974 authorizing execution of the above-identified Agreement between the Board of County Commissioners and Quantum Associates Enclosed are the original Resolution and executed Agreement for your files If you have any questions concerning this matter, please do not hesitate to contact us Sincerely, OFFICE OF THE COUNTY ENGINEER ebJdl/ elL- Charles R Walker, Jr , P E Director - Traffic Division CRW kmw Enclosure Resolution No R-87-974 Original Agreement cc File - Roads "NW 22nd Avenue" - SID "Boynton Beach Park of Commerce" John H Carroll, P E , Program Manager Donald L Knapp, P E , Director - Engineering Services lsePh F Bergeron, Director - Fiscal Management eter L Cheney, Manager - City of Boynton Beach Carmen Annunziat,QA- ECity'Oof BovntonffBeac.h A '. E I n qual pportumty - 1\ lrmatlve ctlon mp oyer DOX 2429 WESr PALM DI:Al.II, rLOIUUA 33402-1989 (30S) 684-4000 II ~ i II :1 I RESOLUTION NO R-87-974 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, AUTHORIZING EXECUTION OF AGREEMENT BETWEEN PALM BEACH COUNTY AND QUANTUM ASSOCIATES CONCERNING IMPROVEMENTS TO NORTHWEST 22ND AVENUE FROM CONGRESS AVENUE TO SEACREST BOULEVARD INCLUDING THE CONSTRUCTION OF A NEW BRIDGE OVER THE E-4 CANAL WHEREAS, Quantum Associates is the Developer of Quantum Park (formerly known as the Boynton Beach Park of Commerce), which was approved as a Development of Regional Impact in the City of Boynton Beach under Ordinance 84-51, and WHEREAS, the Developer is required to construct an additional two lanes I \ of Northwest 22nd Avenue from Congress Avenue to Seacrest Boulevard including I a new two-lane bridge over the E-4 Canal, and j ii WHEREAS, the existing County two-lane bridge substructure and isuperstructure do not meet current design standards, and j ! WHEREAS, the Developer and County mutually desire to construct a new ,isix-lane bridge (or side by side three-lane bridges, as the case may be) over I' :1 the E-4 Canal on Northwest 22nd Avenue which would be designed to current standards and built to the ultimate section NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF I PALM BEACH COUNTY, FLORIDA, that the Agreement between Palm Beach County and ! Quantum Associates is hereby approved and the Chair and Clerk of this Board dare authorized, in their respective capacities, to execute said agreement on :1 !jbehalf of Palm Beach County, Florida The foregoing resolution was offered by Commissioner who moved its adoption The motion was seconded by Commissioner I and upon being put to a vote, the vote was as follows I I I CAROL A ROBERTS KENNETH MADAMS KAREN T MARCUS CAROL J ELMQUIST DOROTHY H WILKEN AYE AYE AYE AYE AYE I I The Chair thereupon declared the resolution duly passed and adopted this 1nr-h day of JU1'E , 1987 PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS APPROVED AS TO FORM AND LEGAL SUFFICIENCY ) ~. /' //// / J.).~ / '/ /' /'" , V '" /~/ ...,.___ ....." -- (- County Attorney John B Dunkle, Clerk _/' By--j}4' .II {:l C'La:vG-~ / Deputy Clerk L By ,// /' /' AGREEMENT THIS AGREEMENT, made and entered Into this 30th day of T"nt> , 1987, by and between QUANTUM ASSOCIATES, a florlda General Partnership, hereinafter referred to as "Quantum" and/or "Developer" and PALM BEACH COUNTY, a political subdivision of the State of florida, hereinafter referred to as "County" WIT N E SSE T H WHEREAS, Quantum Is the Developer of Quantum Park (formerly known as the Boynton Beach Park of Commerce), which was approved as a Development of Regional Impact In the City of Boynton Beach under Ordinance 84-51; and WHEREAS, the Developer Is required to construct an additional two lanes of Northwest 22nd Avenue from Congress Avenue to Seacrest Boulevard Including a new two-lane bridge over the E-4 Canal; and WHEREAS, the existing County two-lane bridge substructure and superstructure do not meet current design standards; and WHEREAS, the Developer and County mutually desire to construct a new slx- lane bridge (or side by side three-lane bridges, as the case may be) over the E-4 Canal on Northwest 22nd Avenue which would be designed to current standards and built to the ultimate section NOW, THEREfORE, IN CONSIDERATION Of MUTUAL COVENANT, PROMISES AND REPRESENTATIONS HEREIN, THE PARTIES AGREE AS FOLLOWS 1 The Developer shall prepare construction plans and specifications for a slxlane bridge over the E-4 Canal on Northwest 22nd Avenue. 2 The Developer shall enter Into a contract with a bridge Contractor for the construction of the structure described In paragraph one (1) above The County shall have the right to review the qualifications and ability to perform of the Contractor selected by the Developer and mutual agreement of the selection by both parties Is required 3 The County shall share the cost of both the design and construction of the new bridge/bridges The County shall pay 50~ of the design and construction costs of the new bridge/bridges upon prepsentatlon of appropriate Invoices, along with documentation of the engineering or construction fees 4 The County shall use its best efforts to pay 50\ of the design and construction fees as said fees come due In the event the Developer Is obligated to advance any of the aforesaid fees on behalf of the County, the County shall IlTII1edlately remit Its appropriate share to the Developer upon presentation of evidence of such advance made by the Developer 5 The County's obligation under this Agreement shall be limited to the 50~ of the actual cost of the plans and construction of the bridge/bridges; however, in no case shall the County's share exceed Three Hundred fifty Thousand Dollars ($350,000 00) These funds shal I be drawn from fair Share Impact fee Zone 25 6 The construction of the outlined Improvements shall be completed within 365 calendar days after execution of this Agreement, provided, however, that neither the County nor the Developer shall be In default under this Agreement if by no fault of the parties hereto, the completion date above Is not met Neither party hereto shall be liable to the other for acts beyond their respective control, including but not limited to the failure of the bridge Contractor to complete the improvements In a timely manner 7 To the extent of any conflicts hereIn, thIs Agreement shall supersede all other agreements pertaining to the construction of the bridge/brIdges between the County and the Developer previously entered Into. IN WITNESS WHEREOF, the parties have hereunto set theIr hands and seals this day first above written W I r IVESS- -ATTEST 4/4 f~~ QUANTU~AS OCIATES, A FLORIDA GENERAL-P~JNERSHIP BY ~('./ ~ Edward Deutsch, General Partner ATTEST John B Dunkle, Clerk Recommend Approval / County Engine r ((fL/ CITY of BOYNTON BEACH ~ 120 E Boynton Beach Blvd. P. O. Box 310 Boynton Beach, FL 33425-0310 (305) 734-8111 [~~"~~~::rr;;~~t:: -: r~~s;~' "fE -.ii ~~ ~ I ,~ ">-. 1o.M' - "'-a:.:.~f:i ~a -- ;' " ~--~ ~~ I' ~1~!t: - . ~~.'- - :~ i'J -. r' -::--_ ~~-~ ~- --~~ C E R T I F I CAT ION I, BETTY S. BORONI, City Clerk of the City of Boynton Beach, Florida, do hereby certify that the attached is a true and correct copy of Resolution No. 87-WW (with 6 pages of attachments ), as it appears in the records of the City of Boynton Beach, Florida. I.' \\\Ull tI II" t,.I, -\\ {; f t " ".., ... r I,~, ~ . It .... t',,(\ '..... ~. ~, ;. ; -., .- l,. vl ~ .,...-~ -- .\~. g '{;. :.0:, ~. : ..., ~ ~. ..: : .~ ~ -' ~ .... ... iJ: ~ : .,":"'~'''' :. ~ It. .. "'t"~,1I!t~.,.~ ~ "" :'..,., ~ a" -.- '" ''''I\i~~''' 1'1\'" s: ~\: ~,. .- ~ ""~,$..~ . " \~ ,,- "" \'~ \\,\ "1 ,\ 111 t1 \\' .. RESOLUTION NO $7. uJuJ RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH. FLORIDA. CONCERNING AUTHORIZATION AND CONFERRAL OF JURISDICTION UPON PALM BEACH COUNTY TO CONSTRUCT CERTAIN IMPROVEMENTS ON CITY-OWNED RIGHT-OF-WAY WHEREAS. Quantum Associates. a Florida General Partnership (hereinafter QUANTUM) is the developer of Quantum Park which was approved as a development of regional impact in the City of Boynton Beach under Ordinance 84-51; and WHEREAS. Quantum was required to construct an additional two lanes of Northwest 22nd Avenue from Congress Avenue to Seacrest Boulevard including a new 2-lane bridge over the E-4 Canal; and WHEREAS. the existing county 2-lane bridge substructure and superstructure do not meet current design standards; and WHEREAS. Quantum and County have mutually agreed subject to I city approval to construct a new 6-1ane bridge (or side-by-side 3-lane I bridges. as the case may be) over the E-4 Canal on Northwest 22nd Avenue which would be designed to current standards and built to the ultimate 'section; and WHEREAS. an examination of the records has indicated that the City of Boynton Beach is still the owner of certain right-of-way overwhich the improvements are to be constructed subject to reclassification pursuant to Florida Statutes; and WHEREAS. the City of Boynton Beach desires the improvements and construction to take place over its right-of-way in order to accommodate Ithe public safety and welfare; WHEREAS. Ci ty of and Boynton Beach understands that such construction cannot proceed without the granting of jurisdiction. license. permits and easements over its right-of-way to County in order to accommodate said construction. NOW. THEREFORE. BE IT RESOLVED BY THE CITY COMMISSION OF THE I ICITY OF BOYNTON BEACH. FLORIDA 1 The recitals hereinabove set forth are incorporated herein by reference , " , . 2 The Ci ty of Boynton Beach herein grants to Palm Beach County the right, license, permit, easement and any interest in land necessary for construction of a new 6-lane bridge (or side-by-side 3-lane bridges, as the case may be) over the E-4 Canal over lands belonging to, deeded to, granted to, or otherwise de~ated the Cit Passed and adopted this ~ day of , 1987. f CITY OF BOYNTON BEACH, FLORIDA Jl-tf adh/~a. Ma ATTEST (SEAL) Commissioner ,. /l v,. .-,,)~t. c (, " ii , \ ~ d,l, t Commissioner /) . I f , 1 ~ 2 RESOLUTION NO. 88- PP A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA SUPPORTING FUNDING OF THE 1-95 INTERCHANGE AT NW 22ND AVENUE. ~ -~ WHEREAS, Quantum Ind~~~rial Park, an industrial project of -... -- - ~- ----- over 550 acres is currently under development, and WHEREAS, Quantum Industrial Park will provide employment for over 10,000 Florida citizens, and WHEREAS, Quantum Industrial Park has met all of the requirements of a Development of Regional Impact (DRI), and WHEREAS, Quantum Industrial Park, through the DRI approval process, has to prepare the required environmental impact study and is completing at the developers cost the construction designs for an interchange at 1-95 and NW 22nd Avenue, and in addition, Quantum Park has set aside a financial contribution for the construction of this interchange, and WHEREAS, traffic engineering studies have shown that the construction of this interchange will relieve the traffic capa- city to the north at 1-95 and Hypoluxo Road, and to the south at 1-95 and Boynton Beach Boulevard, and WHEREAS, the proposed interchange will directly benefit major development projects, such as the Boynton Beach Regional Mall, Motorola's large paging plant, and Publix's large distribu- tion center, as well as many other businesses, and citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT The Mayor and City Commission of the City of Boynton Beach, Florida, strongly urge Governor Martinez to approve state funding for the interchange as included in the state budget adopted by the Florida Senate and the Florida House of Representatives. This interchange is consistent with our countywide road planning, is on the MPO Plan, and will assist in making a major contribu- tion to the industrial development and tax base of the State of Florida. PASSED AND ADOPTED THISd~ DAY OF ~n <, 1988. Conmissioner Conmissioner ~ ATTEST c~~- (Corporate Seal) I , I \ 'I il l! RESOLUTION NO. 88-ff A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELATIVE TO AN INTERCHANGE AT 1-95 AND N.W. 22nd AVENUE. I: ,I ,! I) 'I II 'I I' i/ I, ': I Ii :1 ! WHEREAS, on December 18, 1984, a Development Order was issued for Quantum Corporate Park, with that Development Order mandating cer- ~ tain activities by Quantum Associates in connection with the proposed interchange, including the preparation of an Interchange Justification , , Ii . I II I' I I i Report, the preparation of an Environmental Assessment, the prepara- tion of design plans, and the commitment of appropriate financial contributions toward the cost of construction; and WHEREAS, in September, 1985 the Palm Beach County Metropolitian Planning Organization met to update the year 2000 transportation needs plan for Palm Beach County, and added to that plan the proposed 22nd Avenue/I-95 Interchange, which action recognized that it is necessary in the near future that this interchange be constructed in order to allow for the orderly development of property in the area, and WHEREAS, in 1986, the Interchange Justification Report, as pre- pared by Kimley-Horn and Associates under contract to Quantum, was [ reviewed by the Federal Highway Administration, and approved by the I . I Division Administrator and the District Engineer, of the Federal Highway Administration, which action thus indicated that additional access points to the Interstate (1-95) are accepted by the Federal Highway Administration, and WHEREAS, Environmental Assessment studies were undertaken jointly by Resources Engineering and Planning, Inc, and Kimley-Horn Associates, under contract to Quantum, with the draft document being presented at a public information meeting in the Spring of 1987, and that draft document being reviewed by the Federal Highway Administration, which resulted in a ruling that there will be an Environmental Assessment, the most lenient Environmental Impact analysis requirement, under Federal Guidelines, and WHEREAS, in the Fall of 1987, the Environmental Assessment was revised to reflect the updates for the Transportation Model for Palm Beach County, and to reflect comments received from FOOT, with that Ii I I ; l ! \ I I I I I ! I I I I. I I I i I I I I' I I I I ! ii __ ~ i - _____________ L_ Ii 1\ I Environmental Assessment being available for transmission to the I Ii Federal Highway Administration, in February of 1988, and a Public Hearing to be subsequently held, and WHEREAS, currently the design of the interchange has been started ; ;1 Ii II ! by Kimley Horn and Associates, under contract to Quantum, with the completion of Phase I of the design activity being completed in February of 1988, and Phase II of the design has been started by Keith and Schnars, under contract to Quantum and will be completed by August of 1988. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT ,I Ii l' I Section 1. The Palm Beach County Board of County Commission and the Metropolitan Planning Organization consider the points made in this resolution. Section 2. Acknowledge that the interchange is already on the year 2000 transportation needs plan. Section 3. Add the Interchange to the most current Palm Beach County Five Year Road Program and the Metropolitan Planning Organization Transportation Improvement Plan, TIP) so that authoriza- tion for early funding and construction of this Interchange can con- tinue under the most expeditious process as is possible. Section 4. That copies of this resolution are to be forwarded to the Board of County Commission of Palm neach County, the Palm Beach County Metropolitan Planning Organization, the Florida Department of Transportation and the Federal Highway Administration. PASSED AND ADOPTED this /~~ day of February, 1988. CITY OF BOYNTON BEACH, FLORIDA /1 / ~ . f ~, -' _' 1.-: j{ rIle..... May:r} / I r, . ! (J Vi~e"M1~r' I ,I (,' ,< -"I:. 1 , I 5-~ / / . ; / -1.-. ; ~~( /Vl / _~', \jJ ;:~one~ I !J "'--...-X<-----v (C ~V\(..~-- Commissioner f :-- ~ j 'I 1./ -;;- D I, ' ~ I .-'" /' 1/ J V f to ,/f '\I/~!{I Commi s s i one rl J ,/ l-<.-- ! ! i i i I I ! i I \- I i I I i I -- I , \ RESOLUTION NO. 88- EE.E.E: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING THE CONSTRUCTION OF A N HA AT NW 22ND AVENUE AND, STATE-95 AS THE CITY'S TOP PRIORITY FOR USAGE INTERSTATE FUNDS IN BOYNTON BEACH. WHEREAS, a new interchange at NW 22nd Avenue and Interstate- 95 is proposed in both the City of Boynton Beach and the Palm Beach County Comprehensive Plans, and WHEREAS, the City of Boynton Beach has issued a Development Order penmitting the development of Quantum Park, a Development of Regional Impact, and WHEREAS, Quantum Park is a 600 acre Planned Industrial Development, and WHEREAS, Quantum Park will be a major employment center for all residents of Palm Beach County, and WHEREAS, the developers of Quantum Park have conducted environmental impact studies, prepared design plans and have agreed to expend approximately two million dollars toward the cost of an interchange at NW 22nd Avenue and Interstate-95, and WHEREAS, the construction of a new interchange at NW 22nd Avenue and Interstate-95 will enhance traffic circulation throughout Palm Beach County, and WHEREAS, at build-out, Quantum Park will add 814 million dollars in land and building values to the tax rolls of Boynton Beach and Palm Beach County, and WHEREAS, Quantum Park will generate more than eight million dollars per year in taxes to Boynton Beach, Palm Beach County and the School Board of Palm Beach County. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT Section 1. The Mayor and City Commission of the City of Boynton Beach set the construction of a new interchange at NW 22nd Avenue and Interstate-95 as the first priority for the use of Interstate construction funding in Boynton Beach. Section 2. The Mayor and City Commission of the city of Boynton Beach urge the Palm Beach County Board of County Commissioners to set the construction of a new interchange at NW 22nd Avenue and Interstate-95 as the first priority for use of Interstate construction funds in Palm Beach County. Section 3. The Mayor and City Commission of the City of Boynton Beach requests the Florida Department of Transportation to include the construction of a new interchange at NW 22nd Avenue and Interstate-95 in their five year road building program. PASSED AND ADOPTED this ttL day of D~~~hev t1988 CITY OF BOYNTON BEACHt FLORIDA C?#OI~~~~< Mayor ~ v1#~f ~~ IA;\,- Commissioner C~ O\2~c. ommlSSloner . ! ~c (,,-U.((vLL-t ~ Commissioner ATTEST ~11j/~ (Corporate Seal) ---- ".... ..... ~.. ORDINANCE NO. 86- /1 ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, DETERMINING THAT CHANGES TO THE COMPREHENSIVE DEVELOPr-1ENT OF REGIONAL IMPACT APPROVED IN ORDINANCE NO 84-5l DO NOT CONSTITUTE A SUBSTANTIAL DEVIATION UNDER CHAPTER 380, FLORIDA STATUTES, 1985, DETERMINING THAT NO FURTHER DEVELOPMENT OF REGIONAL IMPACT REVIEW IS NECESSARY REGARDING SUCH CHANGES, APPROVING SUCH CHANGES, AND AMENDING THE DEVELOPMENT ORDER (ORDINANCE NO. 84-51) FOR PURPOSES OF INCORPORATING THE APPROVED CHANGES WHEREAS, Rite~o Development Corporation, a Florida corporation ("Riteco") filed with the City of Boynton Beach (the "City") an Application for Development Approval of Comprehensi ve Development of Regional Impact (the "ADA") on May 21, 1984, regarding that certain property (the "property") described in Exhibit "A," attached hereto and made a part hereof; and WHEREAS, the ADA was approved and the Development Order for the Property was granted December 18, 1984 pursuant to Ordinance No. 84-5l (the "Development Order"): and WHEREAS, Riteco subsequently conveyed its right, title and interest in and to the Property to Boynton Park of Commerce, Inc., a Florida corporation ("Boynton Park"), and, Boynton park, in turn, subsequently conveyed its right, title, and interest in and ,j to the Property to Quantum Associ ates, a Florida general partnership (the~"Developer"), the current record fee simple owner of the property; and WHEREAS, Developer has filed with the City an application to amend the Development Order; and HHEREAS, the ci ty Counc i 1 ol Boynton Beach, as the governi ng body having jurisdiction, is authorized and empoHered to consider applications for amendme~ts to development orders approving developments of regional impact pursuant to Chapter 380, Florida Statutes (1985); and WHEREAS, upon publication and furnishing of due notice, public hearings on these proceedings were held April 8, 1986, before the . --..-.-._~......-<-~------_--.._. -.. ....=~':......:.,- .- .-- _'~_"_'''''-~~~~~~.,i.::r~ ~. " ,. P I ann i n 9 and Z 0 n i n g Bo a r d , and A p ri I 2 2 , 1 98 6 , be for e the C i t Y council of Boynton Beach; and WHEREAS, the said city Council has considered the testimony, reports and other documentary evidence submi tted at said public hearings by Developer, the Treasure Coast Regional Planning Counci l, the Boynton Beach staff, the Boynton Beach Pl anni ng and zoning Board, and the public; and WHEREAS, said City Council has considered all of the foregoing. NOW, THEREFORE, BE IT ORDAINED by the City Council of Boynton Beach, that said City Council makes the following findings of fact: Section l. A notice of public hearing in the proceedings was duly published on April --L, 1986, in THE POST , a newspaper of general circulation in Boynton Beach, Florida, pursuant to Chapter 380, Florida statutes, and proof of said publication has been duly filed in these proceedings. Section 2 Developer has requested that the Development Order be amended as follows. A. That the Amended Master Si te Development Pl an ("Amended Master Site Development Plan"), attached hereto as Exhibit "B" and made a part hereof, submitted by Applicant in its application for Amendment to the Development Order replace and supercede the Master Site Development Plan originally approved in the Development Order. B That section 4(l) be amended by adding the following subpar agr aph (c) \. (c) Boynton Beach Park of Commerce ADA, Amended Master Si te Development PI an submi t ted January 2l, 1986. C That references throughout the Development Order be revised to conform to the Amended Master Site Development Plan D That references throughout the Development Order be revised, where applicable, to conform to the representations set forth in that certain letter (the "Letter") from George W. zimmerman to Carmen Annunziato under date of February 28, 1986, attached hereto as Exhibit "C" and made a part hereof 015lD -2- . 'J ~ ,. Section 3 Upon consideration of all matters described in Section 380, Florida statutes (l985), it is hereby determined that: A. The amendments proposed by Developer do not unreasonably interfere wi th the achievement of the objecti ves of an adopted state land development plan applicable to the area. B. The amendments proposed by Developer are consistent with the local comprehensive plan and loc al land development " regulations c. The amendments proposed by Developer are consistent with the recommendations of the Treasure Coast Regional Planning Council on file in these proceedings. D. The amendments proposed by Developer do not constitute a substantial deviation under Chapter 380, Florida statutes (1985). E. The amendments proposed by Developer do not require further development of regional impact review. section 4. The City Council has concluded as a matter of law that these proceedings have been duly conducted pursuant to the provisions of Chapter 380, Florida statutes (l985), that Developer is entitled to the relief prayed and applied for, and the Development Order is hereby amended incorporating the amendments propo sed by Developer as set forth in Section 2 above, subject to the following special conditions with which Applicant accepts and agrees to comply , (I) Those conditions set forth in the Development Order. (2) That an addendum be added to the Management Plan for the Sand Pine Scrub Preserve, containing the following information. (a) conceptual plans depicting the extent and location of any boardwalk(s) proposed in the Sand Pine Scrub Preserve area, including a description of how the boardwalk(s) would be managed for educational purposes and maintained (b) A specific statement as to who would be responsible for the management of the Sand Pi ne Scrub Preserve, and for the costs of such manaqement (c) Identify where the required forty (40) acres of sand pine scrub canopy, understory and groundcover vegetation (as set 0151n -3- .. .... , " forth in Condition No.6 of the Development Order) will occur, as well as a statement as to how these acres will be maintained based upon the location and distribution thereof. (3) That the Developer comply with the representations set for~h in the Letter (described in Section 2 D. above). Section 5. Except as otherwi se amended herein, the Development Order shall remain in full force and effect. Section 6. A copy of thi s Ordi nan.ce shall be transmi tted by first class u.s. Mail, certified return receipt requested, to the Bureau of Land and Water Management, the Department of Communi ty Affairs, Quantum Associ ates (the owner/developer) , and the Treasure Coast Regional Planning Council. section 7. Thi s Ordinance shall become effective immediately upon passage. "i'I </u FIRST READING this ~ day of May, 1986. SECOND -READING and FINAL PASSAGE this 3rd day of June, 19.86. CITY OF BOYNTON BEACH, FLORIDA VICE-~~# COUNCIL MEMBER / / ~ijj~ CITY i:.RK ~~E~~ ? ~/2' !lit- ~ d' -:iLl; d COUNCIL HEI;1B R (. -.. EXHIBITS. "A" - Legal Description "B" - Amended Master Site Developnent Plan "C" - Letter 015lD -4- ., .. . , ,. . ; .. . EXHIBIT "A" OVERALL BOUNDARY LEGAL DESCRIPTION : A Tract of land lying partially in Sections 16, 17, 20 and 21, Township 45 South, Range 43 East, Palm Beach County, Florida, said Tract-being more particularly described as follows: Commencing at the Southwest corner of said Section 17: thence North 1014"39" East, along the West line of Section 17, a distance of 1318.10 feet to a point in the intersection with the centerline of N.W. 22nd Avenue, as recorded in O.R. Book 1738, Page :1686, of the Public Records of Palm Beach County, Florida: thence with a bearing of North 89..004'32" East, along- the centerline_of N.W. 22nd Avenue, a distance of 778.37 feet to the Point of Beginning; thence North 1044'39" East, a distance of li47.06 feet to the South right of way line of L.W.D.D. Lateral 21: thence North 8900ar49" East, along the South right of way line of L.W.D.D. Lateral 21, as recorded in O.R. Book 1732, Page 612, of the Public Records of Palm Beach County, Florida, a distance of 635.93 feet to the centerline of-the_L.W.D;O. Equalizing Canal E-4 Canal, as recorded in O.R. Book 1732~ Page 612 of Public Records of Palm Beach County, Florida; thence along the centerline of the above described E-4 Canal with a curve to the right having a chord bearing of North 10032152" ~East, a radius of 750.00 feet, a central angle of 4.04'17", and an arc __length of 53.29 feet; thence continue along the centerline of the E-4 ~:'Canal, with a bearing 9f North 12035'00" East, a distance of 320.69 feet -~ ~. to a point of curve; thence with a curve, to the left having a radius of -f-6500.00, a central angle of 3028'30", and an arc length of 394.23 feet; ~~\thence North ~.06'30" East, a d"istance of 1979.16 feet to a point on the ~~i ~ North Line of Section 17; thence with a bearing of North 89016139" East, ~~ ""'along the North line of Section 17, a distance of 1964.50 feet: thence :.tf".::l South 0.02'11" East, a distance of 2625.18 feet: thence North 89.08'49" ~~f; ...,___......_____ ..:1:_&..____ _~ '""~'" ",. ~__L.. L_ _ __.!._L __ LL__ ".__L...L --~ -'-- -~ ~c-' '~.:_~ , .. ltc___ 1 '-- l....j - . .. I ~~ j;!}->"T . ~,----= -~ -tc , \ r " .- EXHIBIT "C" I DEUTSCH I I IRELAND PROPERTIES ....,...... .-:~-- .....~~ r ,,:ULY TO "0"-' L.AUDIIltDA~ICC .l- .-..._-1 .. - --- ~ ....,..,. ";:~O February 28, 1986 1:" ,l..I";',t, - ~T --' !.;I.:., . H ..:I Hr. Carmen Annunziato, Planning Director City of Boynton Beach 120 N.E. 2nd Avenue P. O. Box 310 Boynton Beach, Florida 33435 RE: Response to questions of the TRS reviewed in our meeting on February 18, 1986. Dear Carmen: In response to the questions raised in the attached memoranda, I am providing you herewith our responses for the record. Memorandum #1 dated February 12, 1986, from Carmen Annunziato, Planning Director ITEM 1: The Proponent still wishes to proceed with consideration of the commercial sites as shown on their submitted Master Development Plan. Although we recognize your concern, we maintain a great deal of concern ourselves that the parcels be able to support the highest cal iber of conmercial uses. ITEM Z: The question, with respect to a central loading and unloading facility for rail~service, the Proponent has reviewed such a proposal with a number of rail users and have found it to be inappropriate. All potential users require direct siding access to their facility. ITEM 3: The Master Development Plan is presented in full accordance with the PIO Zoning Ordinance. We intend to provide all of the required greenbelt buffers adjacent to properties having a different zoning classification, in complete compliance with the Code. ITEM 4 The rights-of-way for all interior roadways will be 100 feet wide Since we will be proposing some variations on the basic sidewalk/bike path scheme, we will provide complete detail for review during the platting process. Again, we expect to provide the City with pavement sections, landscaping and pedestrian amenities in excess of Code requirements. The typical roadway section will have two twenty-four foot wide roadways with a sixteen foot wide landscaped median. SUITE 1108-1HTERNATIONAL BUlLDING-2455 E. SUNRISE BOULEVARD-FORT LAUDERDALE, FLORIDA 33304 . (305) 564.5114 THE BUILDING. 1125 NORTHEAST 125 STREET NORTH MIAMI, FLORIDA 33161. (305) 891-6806 AFFILIATES: BROLEN REALTY & MANAGEMENT CORP MITA CONSTRUCTION CORP , ITEM 5: The schedule for the Environmental Impact Analysis phase of the Interchange construction has been presented at the meeting, and a copy is attached hereto for your further review. We expect to execute the contract with Kimley-Horn, our consultant, on or about March 4. Memorandum #2 dated February 12, 1986, from Perry A. Cessna, Director of Ut i I ities. ITEM A is comentary on water distribution. ITEM 1: We hereby agree to loop the water mains as requested at the cul-de- sacs. ITEM 2: The relocation of the water main routing to the High Ridge Road right-of-way and the additional routing along the north side of the canal is agreed to. Final plans will be prepared in accordance therewith. ITEM 3: At this initial phase, we will agree to a 1,000 foot maximum distance bet~een line valves; however, we expect to review this plan in more detail with the City during the platting phases. When 1,000 foot spacing will provide for fewer than four utility connections, we feel it is appropriate that the spacing be increased ITEM 4: We hereby agree to add an additional ten Inch gate valve where requested. ITEM 5: With respect to easements required for water and sewer, we hereby request that ten foot wide easements be approved where Installation occurs outside of dedicated right-of-way In these Instances, we will provide for a ten foot building setback from an easement, thereby providing for a thirty foot clear path at utility lines. We also ask that the limitation on landscaping be imposed only within the ten foot wide easement area. With respect to landscaping at the right-of-way and adjacent to such easement areas, we will endeavor to utilize the plant materials as recommended by the City Forester, Kevin.~ Hallahan, in his memorandum dated February 20, 1986. .. \. ITEM 6: With respect to fire flow, the Proponent hereby agrees that no building will be certified for occupancy without proper fire flow. Since fire flow is a question of use, the Proponent agrees to work out an appropriate formula with the building department to establish required fire flow needs for projects at the time of permitting. Since to the extent feasible, al I public improvements will be made at the same time, it is felt that the water loops will be connected prior to occupancy for the vast majority of situations. ITEM B: Sewage collection and transmission ITEM 1: Again, this item refers to easements being provided and the proponent agrees to provide such easements at a width of ten feet with a building setback requirement of an additional ten feet. . ,\ .. ITEM Z: Parcels WZ-O through W5-0 will be served by a sewer along the north side of Northwest 22nd Avenue. Parcels W19-0 and W20-0 respectively will be served by an extension of the two sewers shown to the north. ITEM C: Proponent will work with the City as required to insure that inspection of utility installation can be accomplished in a timely manner. The funds necessary to accomplish this task will be exalnined and determined at a lQter date. Memorandum #3 from Charles C. Frederick, Director of Recreation and Park Department also dated February 12, 1986. ITEM 1: Land exchange proposal: The Proponent wishes to keep this matter separate from discussions concerning the Master Plan layout. The negotiations are continuing between Mr. Peter Cheney, the City Manager and the Proponent to work out the details of such a land exchange. ITEM 2: Median and right-of-way maintenance: The Proponent has determined ~ at this time that the rights-of-way, other than Northwest 22nd Avenue and High Ridge Road, will be privately held. Since dedication Is not contemplated, maintenance of those areas will be taken care of by the Developer and the succeeding Property Owner's Association. Maintenance of Northwest 22nd Avenue and High Ridge Road rights-of-way is also of concern to the Proponent, and the Proponent is eager to establish a means whereby they can assume control and responsibility for such maintenance. Memorandum from John Wildner, Park Superintendent dated February 12, 1986. This memorandum provides the backup for cost estimates concerning right-of-way maintenance. I be 1 I eve a 11 of the quest ions ra i sed there f n have been addressed in the erevious comentary. r , The next memorandum is from Lieutenant McGarry of the Police Department dated February 11, 1986. In order to provide further information to the Police Department in response to Lieutenant McGarry's questions, a meeting was held with Lieutenant Hammock, Chief Hillary and other members of the Boynton Beach Police Department and Jim Zook of Kimley-Horn and I. In that meeting, details of the proposed High Ridge Road relocation were discussed Peak hour traffic movements were identified at 1,300 cars per hour. The interchange spacing between the proposed 1-95 InterChange and High Ridge Road would be in excess of 800 feet, center to center This distance more than adequately meets the DOT 660 foot separation criteria The Police Department felt adequately assured that an acceptable roadway and interchange design could be developed within these distance perimeters. Final design and pavement layout will be accomplished during the platting and roadway engineering phases scheduled to fol low immediately . I' ~ With respect to the ability to obtain vacation of the DOT right-of-way for High Ridge Road, Jim Zook of Kimley-Horn met with Frank Gordon, Design Engineer of the F~orida Department of Transportation on Thursday afternoon, Febru~ry 27. During that meeting, Hr. Gordon indicated that DOT would approach the vacation of High Ridge Road In accordance with their typical vacation procedure. He indicated that It did not appear as If that portion of High Ridge Road was a part of the DOT network, and as such, there should not be any major difficulty in obtaining vacation. He did, however, reserve final Judgement on the roadway operations and easement vacation until such time as the roadway design was cOl'f1)lete. I believe this responds to all areas of concern. If you have any further questions, please contact me. GZ ak - cc: Hr. Thomas K. Ireland Hr. Edward B. Deutsch Hr. Thomas P. Hisuraca Hr. Rick Rossi Hr. James Zook Hs. Mimi HowC!rd David Pressly, Esquire Hr. Richard Kerber '\ Attachments ~~: .,.. - I' -.' " . , f \. .~ DEUTSCH IRELAND PROPERTIES REPLY TO FORT LAUDERDALE OFF"ICE March 31, 198 b Mr. Carmen Annunziato, City Planner City of Boynton Beach 120 N E 2nd Avenue POBox 310 Boynton Beach, Florida 33435 Dear Carmen Enclosed herewi th is one copy of the contract between Deutsch/Ireland Properties and Kimley-Horn and Associates, Inc , for their professional services in connection with the Environmental Impact Assessment and Alternatives Analysis for the Northwest 22nd Avenue and 195 Interchange Please make note that we are continuing to complete this work in accordance with the requirements of the Development Order of the Boynton Beach Park of Corrunerce Thank you GZ ak Enclosure CC Mr Edward B Deutsch Steven W Deutsch, Esquire (with enclosure) David S Pressly, Esquire SUITE 1106-INTERNATIONAL BUILDING-2455 E. SUNRISE BOULEVARD-FORT LAUDERDALE. FLORIDA 33304 . (305) 564-5114 THE BUILDING. 1125 NORTHEAST 125 STREET NORTH MIAMI. FLORIDA 33161 . (305) 891-6806 AFFILIATES: 0/1 REALTY & MANAGEMENT CORP MITA CONSTRUCTION CORP PROJECT 1-95/NW 22nd Avenue Interchange Boynton Beach, Flonda EXHIBIT "A" SCOPE OF SERVICES FOR CONSULTING ENGINEERING SERVICES PROJECT DEVELOPMENT AND ENVIRONMENTAL STUDY This EX~EF~;~ f~t-tiFJ ~reement dated between Q~1lSITL6:II/IR~}:).~.tlEl PR8PERTIE:5 (hereinafter referred to as the Client) and KI'v\LE Y-HORN AND ASSOCIATES, INC, (hereinafter referred to as the Consultant) relative to the proposed interchange on 1-95 at NW 22nd Avenue in Boynton Beach, Florida. I. PURPOSE The purpose of this Exhibit "A" is to describe the scope of services and responsibilities required in connection with the project planning, preliminary engineering, and environmental studies necessary for the proposed 1-95/NW 22nd Avenue interchange The parties to this agreement anticipate a Finding of No Sigmficant Impact (FONSI) for the proposed improvements. The Consultant will provide the Florida Department of Transportation (hereinafter referred to as the Department) with opportunity for technical reviews of products associated with the development and preparation of the engineering/environmental study reports for the transportation facility 4479 06/P85-36 -1- PROJECT 1-95/NW 22nd Avenue Interchange Boynton Beach, Florida II. STUDY OBJECTIVE The general objective of the study is to: 1 Develop reasonable alternatives, including the No-Build alternative, for providing an interchange at 1-95 and NW 22nd Avenue in Boynton Beach, Florida; 2 Prepare preliminary design plans, including existing and predicted condi tions, typical sections, overall right-of-way requirements, environmental impacts, and costs of the alternatives; 3 Evaluate the alternatives and make recommendations; and 4 Document these actiiities in compliance with applicable State and Federal regulations including the Florida Action Plan, Chapter 339 155 of the Florida Statutes, and applicable Federal Aid Highway Program Manual issuances governing the content and development of this type of study 4479 06/P85-36 -2- . PROJECT 1-95/NW 22nd Avenue Interchange Boynton Beach, Florida III. PROJECT DEVELOPMENT PROCESS-SERVICES TO BE PERFORMED The Consultant is responsible for preparing an engineering report and appropriate environmental document to satisfy State and Federal requirements to obtain funding eligibility The Consultant will coordinate with Federal, State, and local agencies and with citizen groups which will have an influence upon the study A. PROJECT INITIA nON The Consultant will assist the Client in initiating appropriate contacts and meetings with the Department, local officials, Federal and State agencies, and interested ci tizens and CI tizen groups. Notice to Proceed '1eeting The Consultant w1l1 schedule a meeting with Department personnel within 15 da} s following receipt of Notice to Proceed. The purpose of this initial meeting is for the Consul tant to obtain all relevant information including prevlOus correspondence, traffic figures, planning information, existing right- of-way, utility information, etc 2 Prepare Public Involvement Plan USing an outlme avallable from the Department, the Consultant will prepare and maintain a Public Involvement Plan which sets forth each element of the public involvement process. 3 Initiate Advance Notification Governmental agencies wlth an interest in the project will be notified at the begInning of the study process. An announcement in the form of an '\ dvance Notification letter will be prepared by the Consultant and distributed to 4479 06/P85-36 -3- PROJECT I-95/NW 22nd Avenue Interchange Boynton Beach, Florida agencies on a list available from the Department. The letter will contain the following informa tiom a. Location map indicating termini of the proposed project. b Short description of existing facility c. Short description of proposed project. d. Preliminary estima te of implementation cost range e Anticipated fiscal year that federal funding will be applied for f Preliminary evaluation of potential wetlands involvement associated with the proposed improvement. g. Preliminary evaluatIon of base (100 year frequency) floodplain h. Preliminary evaluation of endangered species involvement. Outstanding Florida Waters. ~ Hold Kickoff Meeting A second notification in the form of an introductory or kickoff meeting will be held by the Consultant with County and/or City elected officials to introduce the Consul tant and inform local government of the ini tia tion of the study The Consultant will prepare maps of the study area for orientation purposes and will maintain a summary record of any meeting with local agencies. Additional contacts shall be maintained throughout the study process where appropriate For the kickoff meeting the Consultant will: a. Notify officials and interested parties by letter, telephone, or other appropria te means. b. Prepare formal presentation materials such as script, graphics, displays, etc. c Deliver the presentation using knowledgeable staff members, and answer questions, as required. d. Set-up and breakdown audiovisual equipment at meeting si te ~~79.06/P85-36 -4- Pq,OJECT 1-95/NW 22nd Avenue Interchange Boynton Beach, Florida B. ENGINEERING/ENVIRONMENTAL DATA COLLECTION Immediately following the Advance Notification, the Consultant will begin gathering engineering and environmental data. The maximum limits of the study area will not extend beyond two miles of the proposed interchange in any direction 1 Aerial Photography Controlled aerial photography will be used as a basis for plotting various data necessary for engineering and environmental analysis, alternative interchange and design studies, and the development of the preliminary plans of conceptual design The Consultant will furnish the necessary aerial photography to be used in the study 2 Existing Study Area Characteristics Data will be gathered regarding all pertinent physical features and condition ratings which define 1-95 and NW 22nd Avenue in the study area. Some sources may include field observation and personal interViews with local officials and the general public Department sources include project files, existing plans, right-of-way maps, bridge books, bridge logs, straight line diagrams, computer programs, and existing drainage maps as available Consultant data collection elements are as follows: a Roadway - Roadway characteristics include, but are not limi ted to, those items deSCribed below: (1) Typical Sections - Number and width of each cross section element, type of drainage ~stem including outfall locations, access features. (2) Existing Roadway Right-of-Way - Obtain all available right- of-way information for project limits from the Department and/or from city and county offices. (3) Other Right-of-Way - Identify additional right-of-way at intersection locations; drainage easements; railroad right-of- way, etc (4) Property lines - Establish property lines based on existing pIa ts or land subdi Ilsion records. 4479 06/P85-36 -5- PROJECT I-95/NW 22nd Avenue Interchange Boynton Beach, Florid.3 (5) Alignment - Obtain horizontal and vertical alignment as necessary and review sight distances. (6) Pedestrian Facilities - Walkways, crosswalk, handicapped provisions, and school routes. (7) Bicycle Facilities - Number, type, and width; designated or undesigna ted. (8) Lighting - Type, location, spacing, maintenance responsibili ty (9) Intersec tion arrangement. Design - Channelization, turning lane (10) Traffic Signals - Identify those traffic signal locations necessary to perform capacity analysis. Obtain signal timmg and phasing. (11) Posted Speed - Identify posted speed throughout project liml ts. (12) Railroad - Check for any railroad abandonment plans. Determine the following: Number of tracks and type, number of trains, speed, length of trains, passenger, freight, type of warning device, time of day, etc Determine vertical clearance requirements. (13) Structural and Operational Conditions - Obtain structural and opera tional ra tings and engineering rating throughout project limits (available from the Department) b Bridge (Highway) Interchange or Grade Separation Structure Data to be collected for the 22nd Avenue bridge over the railroad and over 1-95 mclude but are not limi ted to: (1) Typical Section - Lane width, overall clear width (2) Type Structure - Timber, concrete, steel (3) Condition - Design loading; structural rating of condition; evaluation from Tallahassee Bureau of Structures as to sui tabili ty for widening. (4) Horizontal and vertical clearance (5) Span Arrangement - Number and length of spans. 4479 06/P85-36 -6- . PROJECT 1-95/01W 22nd Avenue Interchange Boynton Beach, Flonda 3 Traffic Data - Traffic data development will include the following steps: a. The CQnsultant will propose initial traffic data including 20-Year Design Corridor Systems Traffic with K, D, and T Factors. The Department may provide technical review and comment. b. The Consultant will (approach volumes at in tersec tion locations: furnish 24-hour traffic machine counts 15-mmute increments) at the following (1) Congress Avenue and NW 22nd Avenue (2) Congress A venue and Boynton Beach Boulevard (3) Congress Avenue and Hypoluxo Road (4) 1-95 Interchange at Boynton Beach Boulevard (two intersections) (5) 1-95 Interchange at Hypoluxo Road (two intersections) (6) NW 22nd Avenue and Seacrest Boulevard Based on an analysis of the 24-hour traffic machine counts and evaluation of current and future development trends (traffic genera tors) the Consultant WIll then perform eight-hour manual vehicle turning movement counts (7 00-11 00 AM and 2 00-6:00 P\\) at those intersectIons. 4 Accident Data - The Consultant will obtain available data from the Department's computer (program numbers PSFAC05 and PSF ACOS) and local sources for various highway segments as required for the previous five years These data will include but not be lImIted to the following: a. Number of Accidents - type, location, etc b Fatalities - number c. Injuries - number d. Property Damage - cost e Economic Loss - cost 5 Land Use Data - The Consultant will a. Collect data regarding past and present land use as well as future land use plans, proposed developments, zoning guidelines, and observed growth trends. b. Collect data required to prepare existing and future land use map(s) indica ting, at a minimum, reSIdential, commercial, industrial, public, agricultural, and undeveloped areas adjacent to the alignment. 4479 06/P85-36 -7- PROJECT I-95/"J\V 22nd Avenue Interchange Boynton Beach, Florida 6 Cultural Features and Community Services - The Consultant will: a. Through contact wi th local officials, research of tax rolls and field inventory, identify the follOWing in the project area: (1) Medical facilities (hospitals, clinics, emergency rescue facili ties, convalescent centers, ambulance facilities for the handicapped, etc.) (2) Fire stations. (3) Educational facilities (public and private) - Identify bus routes, student walkways and school crossings. (4) Religious institutions. (5) Cemeteries (publ1c and pri va te) (6) Public (government) buildings and civic facilities. (7) 4(f) lands (parks, recreation areas, wildlife refuges, historic si tes) b. Request the Department's staff archaeologist and historic Sl te special1st to survey for possible historical and/or archaeological si tes. 7 Natural Features Data - The Consultant will investigate the following: a Wetlands (1) Identify all wetlands falling_partially or wholly within project boundaries or which may be affected by the project. (2) Obtain information concernmg each wetland including, but not limited to, floral species, faunal species, amount and types of previous disturbance, etc (3) Classify wetlands util1zing U.S Fish and Wildlife Service's "Classification of Wetlands and Deep Water Habitats of the Umted States. 1979" (4) Quantify wetland encroachments. 4479 06/P85-36 -3- PROJECT I-95/NW 22nd Avenue Interchange Boynton Beach, Florida b Outstanding Florida Waters - Identify any Outstanding Florida Waters in the project area in accordance with Chapter 17-3041 FAC c Floodplains (as required under FHPM 6-7-3-2) (1) Identify and delineate all base (100 year frequency) floodplains using Flood Insurance Rate Maps (FIR~I.1), Flood Hazard Boundaries Maps (FHBM), quadrangle maps, water management distnct topographic maps, FDOT drainage maps, etc. (2) Determine natural and bene ficial values of specific floodplain areas (recharge, storm water retention, wildlife habitat, etc.) (3) Determine the role this facility has in providing emergency services, evacua tion, etc. (4) Coordinate with the Department to identify any histone maintenance problems involved in drainage or flooding. d. Floodways - Identify all floodways using floodway maps or information from Federal Emergency \\anagement Agency (FE\\A) e Drainage - Identify drainage problems, in falls, outfalls; location, size and condi tion of all cross drains and major structures; upstream and downstream controls; evidence of structure scour, directiOn of flow and any other mformation that affects the structures hydraulically f Soils - Obtain information to generally describe the soils com posi tion along the deve loped al te rna ti ve(s) using coun ty soil survey maps and other information from the Soil ConservatIon Service and detailed soil surveys as needed to perform the engineering analysis and determine the impacts of the project. g. Floral Communities - Obtain Information to generally describe the project area and to more speclfically describe the area within the proposed right-of-way liml ts mcluding common names and La tm binomials for dominant and/or representative species. Quantlfy area that will be impacted both dIrectly (within the right-of-way l1mi ts) and indirectly (ecotone encroachment, etc.) h. Faunal Communities - \1ake note of fauna observed in field while collectmg other information Outline what species might be expected to be found based on flora, etc Treatment of this subject should be dependent on I ts significance on a case-by-case basis. 4479 06/P85-36 -9- . PROJECT I-95/NW 22nd Avenue Interchange Boynton Beach, Florida Terrain - Generally note the morphology of the land in the project area and the underlying geology, if significant. Farmlands - In accordance with the Farmland Protection Policy Act of 1984, coordinate with the U.S Soil Conservation Service in order to determine if farmlands are prime, unique, statewide, or of local importance This determination is made by completion of Form AD-I006 (Farmland Conversion Impact Rating) as indicated by Interim Procedures on Farmlands Assessment dated May 3, 1985, in a memorandum from C L Irwin. k. Endangered and Threatened Species - Identify any "critical habitat" as defined by the U.S Fish and Wildlife Service Survey the alignment for Federally designated endangered and threatened species, individuals, or other positive indications (nests, burrows, droppings, etc ) of their presence Identify all eagles nests within one-half mile of the project. Identify significant potential endangered species habitat. If endangered or threatened species involvement is identified, a geological assessment must be prepared for formal consultation with the U.S Fish and Wlldlife Service This assessment is to be contamed wlthin the environmental document 8 Utilities The Consultant will identify the following existing and proposed utili ties which may influence location or design considera tions: a. Overhead - Transmission lines, microwave towers, telephone, etc b Underground - Water, gas, sanitary, sewer, force mains, power, telephone, etc. 9 Transportation Plans The Consultant will obtain plans for all modes of transportation; including surface, transit, and non-motorized modes as follows: a Urban Area Transportation Study b Local plans; city and county C Transit; rail, bus, other d. Non-motorized modes, including bikeways and pedestrian walkways. Interview local officials and identify the following [actors: Existing and projected user types; generators attracting users; existlOg and anticipa ted hazards; high acclden t loca tions. 4479.06/P85-36 -10- . PROJECT 1-95/'JW 22nd Avenue Interchange Boynton Beach, Florida 10 Permit Coordination The Consultant's work will consist of obtaining permit-related information about wetland sites which may require dredge and fill/water quality permits or storm wa ter discharge permits. This information will subsequently be organized into a permit coordination package for distribution to the various jurisdictional agencies. Permit and permi t review agencies to be considered are the U.S Coast Guard, U.S Army Corps of Engineers, Florida Department of Environmental Regulation, Water \1anagement District, local envlrol"\mental agencies, Florida Game and Fresh Water Fish Commission, National Marine Fisheries Service, and U.S Fish and Wildlife Service The Consultant will accomplish the following tasks: a. Determine the existence and location of possible permi t si tes. b. Obtain characteristics of above sites including ordinary or mean high water elevations, vegetational characteristics, and significant faunal components. c. Take reproducible photographs. d. Collect data necessary to fill out waterway investigation forms. e Obtain addi tional perml t-rela ted information about these sites, such as connectlOns to other water bodies, types of water-related activities supported, etc 11 BlOlogical Assessment Data The Consultant will obtain any additional biological information necessary for the environmental assessment. Included may be such items as sampling of river bottom }or manatee food source, visually pinpointing an eagle's nest if It is close to the one-half mile critical distance, or coordination with FE"A for add! tional floodplain informa tion 12 Relocation Impact Data The Consultant will obtain information which will form the basis for later preparation of a Conceptual Stage RelocatlOn Plan. This information will Include such elements as: a Neighborhoods and economic and racial/ethnic groups. 4479 06/P85-36 -11- PROJECT 1-95/NW 22nd Avenue Interchange Boynton Beach, Florida b Approximate number of residential, business, and non-profit organization relocations which could result from the project. c Representative property values in the area (to be used for estimating right-of-way costs) 13 Noise Impact Data The Consultant will obtain information concerning existing and future nOise levels and noise-related characteristics of existing activities in the following tasks: a. Determine noise sensitive sites along the alignment. These could include historic sites or districts, residences, motels, churches, schools, libraries, hospitals, and other sites requiring a quiet atmosphere b Monitor existing noise levels at representative sites along 1-95 and NW 22nd Avenue The existing levels will be used to validate the noise model prior to modeling improvement alternatives. Noise readings will be taken with an A r..JSI-approved Type 2 (or better) nOise meter according to procedures described by Bolt, Beranek and Newman, Inc. in "Fundamentals and -\batement of Highway Traffic NOise", June, 1973 14 Air Quality Impact Data The Consultant will accomplish the following tasks: a. Determine the "worst case" part of the project (usually an intersection) by obtaining and corpparing peak hour traffic volumes, speeds, and distances to nearby reasonable receptor S1 tes ThiS determination will be made for both the first year the project is open to traffic and the design year b. Use the data from 14a and the Screening Test in Environmental Statement Information .\\emorandum (ESI'v\) 84 to determine if a detailed computerized analysIs IS required c If the project does not pass the screening test, obtain all data required for the use of the computer program MOBILE 3 and CALlNE 3, their successors, or equivalent programs approved by the Department. The Consultant will evaluate and refine all data so tha t they are ready for the program s. 4479 06/P85-36 -12- PROJECT 1-95/NW 22nd Avenue Interchange Boynton Beach, Florida 15 Public Involvement Data The Consul tant will accomplish the following: a. Prepare a mailing list including any affected, possibly affected, and interested parties. All persons owning property within 300 feet ei ther side of the centerline will be identified from County tax rolls for all liable alterna ti'les pursuant to the prollsions of Flonda Statute 339 155 b. Identify and include on the mailing list elected and appointed officials in the area (cIty, state, federal, county) and community leade rs. c. Identify and incl~de on the mailing list possible permit and review agencies, media in the project area, and any person or institution expressing an interest in the project. d Inspect prospective SI tes for any meetings to be held. Consideration will be given to seating capacity, sound system, lighting, and display space, and any other physical characteristic which would mfluence the selection of this site e Assist the Client with selection of appropriate public meeting sites. f Throughout the life of the project, collect and maintain files of newspaper clippings, letters, and memoranda of direct contact before, during, and after any of the public meetings. Direct contacts may include input gathered during the public involvement meeting, either by personal contact or by formal testimony, and by letter, IISit, or phone call in response following said meeting; or input gathered by personal contact during the Public Hearing or during the formal public testimo_ny time frame of the hearing and documents in the Public Hearing Transcript. c. STUDY AREA ANAL YSIS The Consultant will provide study area analyses including but not limited to the following tasks: Confirm Need for Improvements The Consultant will evaluate the updated Palm Beach Urban Area Transportation Plan for need, considering parallel facilities and the status of 4479 06/P85-36 -13- PROJECT 1-95/NW 22nd Avenue Interchange Boynton Beach, Florida the plan. The plan will be compared against the project traffic data. The Consul tant will perform a basic capacity analysis as necessary to establish the number of lanes required for the improvement. Safety and condition of existmg facilities will also be considered in determining the need for improvement. \\aximum use will be made of previous studies such as the Interchange Justification Study 2 Analyze Opportunities and Constraints This analysis will take into account the opportunities and constraints which are presented by existing and future conditions in and around the study area as defined by the data inventory Using aenal photography, the Consultant will identify various constraints which could affect the location or design of the mterchange These constraints might include: a Existing or proposed land uses. b Archeological or historic fea tures. c. Parkland d. Wetlands. e Habi ta t for threa tened or endangered species. f Right-of-way requirements. g. Other transportation fea tures (such as the adjacent railroad) h Drainage requirements. Sol1 unsui tabll1 ty Others. 3 Pre Dare \-taps of Preliminary Layouts The Consultant will plot pertinent interchange configurations (not to exceed fi Ie) on aerial photographs (scale 1 II = 10Q') for evaluation of costs and associated impacts. In addition to t~e interchange layouts, the mappmg also will include: a. Important cultural features. b. Natural features. c. Logical termini d. Existing and proposed right-of-way e North arrow and scale f Photo flight date 4479 06/P85-36 -14- PROJECT 1-95/NW 22nd A,enue Interchange Boynton Beach, Florida 4 Conduct Preliminary Evaluation of Alternatives Each alterna tive will be analyzed and evaluated by the Consultant only to a point of rejection or selection as a viable alternative Potential impacts for each alternative will be identified and expressed in a form suitable for comparison to other alternatives. Potential impacts to be comparatively evaluated include: a. Construction costs. b Right-of-way costs. c. D isplacemen ts and disrup tions. d. Potential environmental impacts such as air, noise, and water pollution; wetlands and floodplain encroachment; historic/archaeological impacts; 4(f) involvement, socioeconomic effects, etc. The most 'liable "build" alternatives (three or less) will be selected and mapped in reproducible form suitable for use in public meetings. This prelimmary analysis of alternatives will include documentation of the reasons for rejection of any al terna ti ves. D. CONCEPTUAL DESIGN ANALYSIS The Consultant will prepare base maps and preliminary plan maps and establish deSign reqUIrements for the project alternatives. The studies will include and consider such elements as horizontal and vertical alignments, typical cross sections; preliminary drainage to the extent of identifying possible outfalls; traffic da ta; geometries; schematic sketches of intersections; preliminary utility information; extent of improvement to all intersecting roads; parcels involved; preliminary structure concepts and locations; pOSSible locations of retention basins and/or unpoundments; pOSSible locations of noise barriers; and preliminarv right- of-way costs. 4479 06/P85-36 -15- PROJECT I-95/'JW 22nd Avenue Interchange Boynton Beach, Flonda Establish Design Traffic Volumes This task consists of developing the traffic projections to be used in establishing the basic design requirements for typical section development. a Develop Design Traffic (1) Using the results of the traffic data collection activities and the Urban Area Transportation Study, the Consultant will develop daily demand project traffic in schematic form with K, D, and T factors for the eXisting year, 1990, 2000, and 2010 (2) The Consultant will present design hour volume (DHV) _,d average daily traffic (ADT) in schematic form for the project. b A brief Technical \\emorandum will be prepared by the Consultant for the purpose of documenting the methodology used in developing demand traffic and design volumes. This Technical Memorandum will be conveyed to the Department and will also serve as the instrument for the Department's approval of project traffic It is anticipated that this Techmcal 'v\emorandum will be a summary extracted from the Interchange Justification Study and the Urban A rea T ransporta tion Stud y 2. Establish Design Alterna tives This task consists of identifying, developing, and analyzing the feasible interchange alternatives. These build alternatives, not to exceed three, will include a diamond interchange as well as other interchange configurations. The type and extent of each alternative will be governed by State and Federal design criteria, by design -year traffic requirements, and by the opportuni ties and constraints presented by the Sl te itself The Consultant will illustrate the design alternatives on 1" = lOa' aerial photography to evaluate right-of-way requirements, construction costs, and relocation impacts. These maps will include as a minimUm centerline alignment, existing and proposed right-of-way l1nes, property Imes, street names, subdiviSIOn names and boundaries, horizontal and vertical alignment, and typical cross section Any special structural requirements anticipated for any alternative will be noted likewise, potential requirements for retaining walls, lighting, drainage, etc , will be noted for each alternative 4479 06/P85-36 -16- PROJECT I-95/NW 22nd Avenue Interchange Boynton Beach, Florida E. COMPARATIVE ANAL YSIS OF DESIGN AL TERNA TIVES AND DRAFT PRELIMINARY ENGINEERING REPORT The engineering aspects of each alternative, including the "No-Build" alternative, will be quantified and documented by the Consultant. The anticipated environmental impacts of each alternative will also be quantified and documented by the Consultant. The Consultant will then conduct a quantitative and qualitative comparison of alternatives to select the most viable alternative The Department will be invited to participate in this evaluation. The types of items to be evaluated will include the following: Construction costs including utili ty relocations. 2 Right-of-way costs including land, severance, court awards and settlements. 3 Preliminary engineering costs to prepare construction plans and to supervise construction engineering 4 Conceptual stage right-ot-way and relocation plan including the estimated number of individuals, families, and businesses to be displaced by each design al terna te 5 Bicycle facilities including additional right-of-way and construction impacts associa ted wi th accomm oda ting bicycle facili ties. 6 Economic evaluation including preparation of a benefit/cost analysis and evaluation of impacts on regiOnal and local businesses. 7 Environmental impacts including the Jollowing: a. Noise - the FHW A Stamina 2 Noise \1odel (or its equivalent if preferred by the Department) will be used by the Consultant to model design year traffic noise levels for each alterna tive including the No-Build. b. Air quality - the Consultant will evaluate air quality to determine alternative impacts using the C.'\LI~E 3 and MOBILE 3 models as needed. c Water quality - the Consultant will determine the impacts of each alternative on surface water and groundwater quality The relati/e increases in runoff and the sensitivity of receiving streams and recharge areas will be evaluated. 4479 06/P85-36 -17- PROJECT I-95/NW 22nd Avenue Interchange Boynton Beach, Florida d. Wetlands and floodplains potential wetland and al terna tives. Possible appropriate - the Consultant will comparatively evaluate floodplain encroachment for each of the mitigation measures will be identlfied if e Cultural resources and parklands - direct or indirect impacts on Section 4(f) or Section 106 lands will be evaluated by the Consultant. However, no adverse effects on such properties are anticipated and this scope of work does not include the preparation of a Section 4(f) Statement or Section 106 documentation. f Wildlife - the Consultant will determine the alternatives' impacts on threatened or endangered species or their known or suspected habitats, aquatic or terrestrial g. Social impacts - the impact of each alternative on elderly, minority, handicapped or otherwise disadvantaged persons will be evaluated by the Consultant. 3 Mapping will be developed. This mapping will consist of reproducibles of preliminary maps for use in review and public involvement meetings. When the above analyses are complete, the Consultant will recommend the most liable alternative A technical memorandum documenting the procedures used and the resul ts will be prepared Twenty copies will be compiled and will be distnbuted to the Client, the Department, and other agencies or interested parties upon request F. PUBLIC MEETINGS The purpose of these meetings will be to present to the public the results of the study to date and to obtain comments on the alternatives. It is possible that additional alternatives may be suggested by citizen involvement. These meetings will be advertised and conducted as an information meeting rather than a public hearing The Consultant will attend the meeting, prepare all necessary displays, maps, script, etc., and will assist the Client in making the technical presentations 4479 06/P85-J6 -13- PROJECT 1-95/NW 22nd A venue Interchange Boynton Beach, F 10rId~ It is anticipated that no more than two public meetings (including presentations to civic groups) will be necessary to obtain public comment. For each meeting, the Consultant will provide: All presentations (script and graphics), media releases, legal and display advertisements, and general property owner letters. The Department will have the opportunity to review these materials prior to release 2 Display advertisements. A black-and-white, quarter-page display ad announcing any meeting will be published in the area newspaper 3 N otifica tion to elected and appointed officials, owners of property wi thin 300 feet of any alternative, and other interested persons by letter a minimum of 15 days before the meeting. 4 A memorandum with location map to be submitted to the Department's District office for transmi ttal to the Bureau of Environment. 5 Displays or wall graphics for use during the meeting. These include typical sections, aerial photographs, renderings, charts, and graphs, as needed. 6 Meeting equipment setup and tear down 7 Briefing of Department personnel who may attend the meetings, just prIor to each meeting. 8 Documentation of and response to issues and comments received at either of the meetings. G. PREPARE PRELl MINAR Y ENGINEERING REPORT The Consul tant will prepare an engineering report addressing all 'liable project alternatives, both graphically and verbally A comparative evaluation will also be included addressing alternative horizontal and vertical alignment, typical cross- section, preliminary right-of-way costs, preliminary drainage to the extent of identifying outfal1s, traffic data geometries, schematic sketches of in tersec tion/ in terchanges, prelim inary uti! i ty in forma tion, extent of im provemen t 4479 06/P85-36 -19- PROJECT I-95/NW 22nd Avenue Interchange Boynton Beach, Florida to all intersecting roads, acreage involved, preliminary structure concepts and locations, the location of retention basins and/or impoundments as may be required, the location of noise barriers, and such other design features as may be pertinent to the analysis of the environmental and engineering impacts. All of this information will be shown on controlled aerial photography After review by the Department, the Preliminary Engmeering Report will be submitted to the Client. The Consul tant will submit to the Department copies of the Preliminary Engineering Report and supporting documentation for review and evaluation by the Department's Value Engineering Selection/Study Team The Consultant will participate with the Department in the Value Engineering study, not to exceed one (1) day for meeting with the Value Engineering Study Team and four (4) days for evaluation and detailed development phases. After Value Engineering review, the Client, through the Consultant, will submit the Preliminary Engineering Report to the Department. H. SUBMIT PERMIT COORDINA nON PACKAGE In order to obtain meaningful comments from permit review agencies, a Permit Coordina tion Package will be prepared by the Consultant and distributed to the Department and permitting agencies for early coordination and jurisdictional determinations. The package will contain !he following information: Impact of the project upon permittable areas, including such elements as destruction of habitat, changes m flow, erOSiOn and sedimentation, destruction of vegetation, etc 2 Proposed mi tiga tion measures, such as modifying slopes, bridging, reducing median widths, creation of wetlands and treatment of runoff 3 The permit coordination package will contain, at a minimum, the following: a. Location map indicating project termini and each potential permit site b Description of existing and proposed facility 4479 06/P85-36 -20- PROJECT I-95/NW 22nd Avenue Interchange Boynton Beach, Florida c General description of project area d. Site-specific information as outlined in "1" above e. Photograph(s) of each si te f Completed Waterway Investigation Sheets. g Request for comments. h. Offer of a joint field review upon request. I. PREPARE THE DRAFT ENVIRONMENTAL ASSESSMENT A draft Environmental Assessment (EA) will be prepared and submi tted to be approved for public availability by the FHWA prior to the Public Hearing. The draft EA will be prepared in accordance with the guidelines of FH W A, the Department, and the Council on Environmental Quality The Department will be given the opportunity to review the draft document and the Consultant will meet With the Department to discuss all comments and suggestions and to make appropriate revisions prior to submittal of the draft EA to FHWA The draft EA will be finalized, reflecting those comments obtained from the Department's review, and submitted to FHWA The draft environmental document will be accompanied by the Final Preliminary Engineering Report. Should the Department determine that an environmental impact statement (EIS) will be required, rather than an EA, the additional time and effort for preparation of the EIS will be accomplished under a separate contract task. J. PUBLIC HEARING Once the draft EA is approved by FHWA, a formal Public Hearing as required by federal and state law will be held by the Consultant. The Hearing will be diVided into several sections as follows: 1) at least one hour prior to the Hearing, an 4479 06/P85-36 -21- PROJECT I-95/NW 22nd Avenue Interchange Boynton Beach, Florida informal question/answer period; 2) a formal presentation; 3) a recess to answer any further questions; and 4) public testimony Also, the Consultant will be available after the Hearing to answer questions. The Department will be given the opportuni ty to review all Hearing materials in advance and to participate in the Hearing. Preparation for the Hearing will be developed as follows: Display advertisements shall be prepared by the Consultant and mailed to area newspapers to run 30 and 14 days before the hearing. 2 Display ads and news releases will also be used in local newspapers to announce the hearing. These will be prepared by the Consul tant in time to be published during the week of the Public Hearing. 3 Notifica tion to elected and appointed officials and other interested persons will be made by the Consultant in a letter to be mailed a minimum of 30 days before the Heanng. 4 Property owner letters announcing the Hearing will be mailed in time to reach the property owners 20 days before the Hearing. 5 The Consultant will be responsIble for obtaining a court reporter to prepare the Public Hearing transcnpt. 6. Displays of the report, aerials, permit coordination package, and comments received prior to the Hearing will be put on display 35 days before the Hearing. These items wdl be prepared for display and delivered to the person or agency displaying them by the Consultant. 7 The Consul tant will prepare graphics to be used during the Hearing. This includes typical sections, report copies, aerial photographs, display rolls, and a handout describing the project - The display rolls will depict each alte rna ti 'Ie to be presented at the Hearing. 9 The presentation script will be written in association with the graphics to be used in the presentation by the Consultant. 10 The Consultant will attend the public hearing with staff members to explain al terna tives and associated impacts, to man the registration desk, etc 11 The Consultant will provide documentation of all comments, all responses to comments, all comments received after the Hearing, and responses to those comments, a Public Hearing transcript, a record of all advertisements and displays, and Hearing certifica tion. These elements will be bound in a Record of Public Hearing document. 4479 06/P85-36 -22- '~_.._-- ...-....--,.-...--...-.. ......- ..-,...~.~ -" ..,.........- ...~~----. PROJECT 1-9 5/N W 22nd A venue Interchange Boynton Beach, Florida K. FINAL ENVIRONMENTAL ASSESSMENT Following the Public Hearing and allowing sufficient time for all comments to be reviewed, the Consultant will prepare the final Environmental Assessment. As a revision of the draft, the final EA will discuss the selected alterna tive and agency and Public Hearing comments. A Commitment and Recom menda tion Sec tion will be added to the final documen t. 2 The impacts section will be revised to reflect the selected alternative and pertinent comments received. A summary of further agency comments, a "Wetlands Finding", a "F loodplain Finding", and discussion of results of any formal endangered species consultation with the U.S Fish and Wildlife Service will be included as appropria te 4. A list of environmentally-related Public Hearing comments and responses to same will be included. 5 The Comments and Coordination Section will be revised to reflect Public Hearing and general comments received. The Department will be given an opportunity to review the EA and provide comments. The EA. will then be revised and submitted to FHWA and the Bureau of Environment for review and comment. It is anticipated that this document will result in an FHWA Finding of No Sigmficant Impact (FONSI). Preparation of document approval notification will be accomplished by the Consultant after the FH W A approves the final report. A quarter-page display advertisement in the newspaper will be published. L. FINAL ENGINEERING REPORT Upon receipt of Location/Design approval, the Consultant will prepare the final engineering report with right-of-way requirements (if any) identified. The final engineering report will expand on the preliminary engineering report to include design criteria and the project design elements listed below for the preferred alterna tive in sufficient detail for the development of preliminary plans. The Department will be given an opportunity to review the engineering report prior to its final submittal 4479 06/P85-36 -23- PROJECT I-95/NW 22nd Avenue Interchange Boynton Beach, Florida Final Engineering Report a. Typical Sections for roadways, ramps and bridges. b. Traffic data. c Design Speed. d. Clear recovery area e Horizontal alignment--degree of curvature f Vertical alignment--maximum and minimum grades, vertical curve leng ths. g. Al terna tive horizontal and vertical alignment to be considered during preliminary plan development. h. Capacity analysis for intersections and interchanges. Right-of-way costs including estimated business damages and number of acres for the preferred alternative. Outfall sites and retention area locations. k. Utility relocation information. Loca tion and design of any special features (i.e., noise barriers). m Final engineering comparison among alternatives based on the foregoing data and other considerations (i.e., user benefits, economic and community development, environmental impacts, cost, engineering analysis, and satety) n. Construction cost estimate The Final Engineering Report submittal will include preliminary plans and typical sections for the preferred alterna tive These plans will be prepared on controlled aerial photography and plans and typical sections will be developed only to the extent to determlne functional capability Detailed plan and profile sheets, runoff and drainage designs, intersection plan sheets, etc , will be prepared after FHW A approval of the EA under a separate contract task and are not included in this scope of services. 4479 06/P85-36 -24- PROJECT 1-95/NW 22nd A venue Interchange Boynton Beach, Florida M. LOCA TION/DESIGN APPROVAL PUBLIC NOTICE Preparation of document approval notification will be accomplished by the Consultant after FHW A approves the final EA A quarter-page display advertisement in the newspaper will be published by the Consultant after review and approval by the Department. The extent of estimated right-of- way requirements will be shown on a map or verbally described in the display N. PROJECT ADMINISTRATION The Consultant will participate in informal meetings with the Client, with the Department, and wi th other interested agencies and parties throughout the life of the project, not to exceed sixteen (16) such meetings. The Consultant will also coordinate technical staff activities so that the schedule will be met in a timely fashion and appropriate technical skills will be provided when they are needed The Consultant will also provide minutes of meetings and memoranda of study progress to the Chent throughout the project schedule IV. STUDY REQUIREMENTS AND PROVISIONS FOR WORK A. Governing Regulations The services performed by the Consultant will be in compliance with applicable State and Federal regulations. Included al1Jong these regulations are: 1 U.S C Title 23 Highways. 2. 42 U.S C. 4332(2)(c), popularly known as Section I02(2)(c) of the National Environmental Policy Act of 1969, P L 91-190 3 49 U.S C 1653(f), popularly known as Section 4(f) of the Department of T ransporta tion Act of 1966, P L 89-670 4 The National Historic Preservation Act of 1966 (P L 89-665) and Executive Order No. 11593 ("Protection and Enhancement of the Cultural Environment") as implemented in "Procedures for the Protection of HistOriC and Cultural Properties", 36 C.F R.; Part 800 4479 06/P85-36 -25- PROJECT 1-95/""J.W 22nd Avenue Interchange Boynton Beach, Florida 5 The "Endangered Species Act of 1973 (amended 1978)", 16 U.S C., (P L 93 205). 6 Executive Order No. 11990, "Protection of Wetlands" 7 Executive Order No. 11988, !IF loodp1ain Management" 8. Chapter 339 155 of the Florida Statutes. 9 Florida's Action Plan 10 23 CFR 771 11 23 CFR 770. 12 The appropriate Federal-Aid Highway Program Manual (FHPM) issuances and related FOOT Policies and Directives governing the implementation of the previously mentioned regulations. The standards referred to and recommended in the American Association of State Highway and Transportation Officials (AASHTO) and FOOT's design criteria related to highway safety will be used to the extent applicable 13 \\anual of Uniform i\1inimum Standards for Design, Construction, and Maintenance for Streets and Highways. 14 Bicycle Facilities Planning and Design Manual, Rev Ed. 1982 15 FOOT Procedure 738 - Right-of-Way Engineering Manual 16 FOOT Procedure 760 - Survey Manual B Project Schedule Within ten (10) days after the Notice to Proceed, the Consultant will provide a schedule of calendar deadlines. C. Correspondence Copies of all written correspondence between the Consultant and any party pertaining specifically to this study shall be provided to the Cilento 4479 06/P85-36 -26- . \ PROJECT 1-95/NW 22nd Avenue Interchange Boynton Beach, Florida D. Liaison Office The Department may designate a Liaison Office and a Project Manager who will be the representative of the Department for the project. v. SUBMITTALS A The Consultant will provide copies of the study documents as follows: Permi t Coordina tion Report Pre-Draft EA Draft EA Pre-F mal EA Final EA (D&F) Preliminary Engineering Report Fmal Engineering Report Noise Study Report Conceptual Stage Relocation Plan (if required) Air Quality Report Traffic Tech \\emo Public Hearing Transcript 20 30 25 10 50 20 25 10 10 10 5 10 B Upon completion of the project files, maps, sketches, during the study process. study, the Consultant will dehver to the Chent all worksheets, and other materials used or generated 4479 06/P85-36 -27- 3219 KINLEY-BORN AND ASSOCIATES, INC. STANDARD P ROVlSIONS (l) Invoices. Invoices will be submitted by Kimley-Horn and Associates, Inc. (the "Engineer") to the Client monthly for services performed and expenses incurred pursuant to this Agree- ment during the prior month. payment of each such invoice will be due within twenty-five (25) days of the receipt thereof. A service charge will be added to delinquent accounts at the maxi- mum rate allowed by law for each month of delinquency. (2) Failure to pay. If the Client fails to make any pay- ment due the Engineer for services and expenses within sixty (60) days after the Eng ineer 's tr ansmi t tal of its invoice therefor, the Engineer may, after giving seven (7) days' written notice to the Client, suspend services under this Agreement until it has been paid in full all amounts due for services and expenses. (3) Legal Action. In the event any invoice or any portion thereof remains unpaid for more than sixty (60) days following the invoice date, the Engineer may initiate legal proceedings to collect the same. As wi th any legal action brought by ei ther party, arising under this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs, at all levels To the extent that the Engineer prevails, it may also recover, all amounts due and payable, including accrued interest Such expenses shall include, but shall not be limited to, the cost, determined at the Engineer's normal hourly billing rates, of the time devoted to such proceeding by its employees. (4) Ron-Contingency. The Client acknowledges and agrees that the payment for services rendered and expenses incurred by the Eng ineer pursuant to this Agreement is not subject to any contingency unless the same is expressly set forth in this Agree- ment The provisions of this paragraph are subject to those set forth in paragraph eighteen (18) below. (5) Opinions of Cost. (a) Since the Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over methods of determining prices, or over competitive bidding or market conditions, any and all opinions as to costs rendered hereunder, including but not limited to opinions as to the costs of construction and materials, shall be made on the basis of its experience and qualifications and represent its best judgment as an experienced and qualified professional engineer, familiar with the construction industry; but the Engineer cannot and does not guarantee that proposals, bids or actual costs will not vary from opinions of probable cost prepared by it. I f at any time the Client wishes greater assurance as to the amount of any cost, he shall employ an independent cost estimator to make such determination. Engineering services required to bring costs within any limitation established by the Client will be paid for as additional services hereunder by the Client. (b) If a limit with respect to construction or other costs is established by written Agreement between the Client and the Engineer, the following will apply: (i) The acceptance by the Client at any time during the performance of services hereunder of a revised opinion of probable cost in excess of the then established cost limi t will constitute a corresponding revision in the previously agreed cost limit to the extent indicated in such revised opinion. (ii) Any cost limit so established will include a contingency of ten percent unless another amount is agreed upon in writing. (iii) The Engineer will be permitted to deter- mine what materials, equipment, component systems and types of construction are to be included in the drawings and specifica- tions prepared by it pursuant hereto and to make reasonable adjustments in the extent of the project to bring it within the cost limit. (iv) If the bidding or negotiating phase of the project has not commenced within six (6) months after completion of the Engineer's design hereunder, the established cost limit will not be binding on the Engineer, and the Client shall consent to an adjustment in such cost limit commensurate with any applic- able change in the general level of pr ices in the construction industry between the date of completion of the Engineer's design hereunder and the date on which proposals ~bidS are sought. ~~~.~ (v) I f the lowes t bona fide proposa I or bid exceeds the established cost limit, the client shall (I) give written approval to increase such cost limit, (2) authorize negotiating or rebidding the project within a reasonable time, or (3) cooperate in revising the project's extent or quality. In the case of (3), the Eng ineer shall, wi thout add i tional charge, modify the plans and specifications prepared by it hereunder as necessary to br ing the subject cost wi thin the cost limi t. The prov id ing of such ser v ice wi II be the I imi t of the Eng ineer ' s responsibility in this regard and, having done so, the Engineer - 2 - shall be entitled to payment for his services in accordance with this Agreement. (6) Teraination The obligation to provide further ser- vices under this Agreement may be terminated by either party upon seven (7) days' written notice in the event of substantial failure by the other par ty to per form in accordance wi th the terms hereof through no fault of the terminating party or in the event this Agreement is assigned, pursuant to paragraph seventeen (l7) below. In the event of any termination, the Engineer will be paid for all services rendered to the date of termination, all expenses subject to reimbursement hereunder, and other reasonable expenses incurred by the Engineer as a result of such termina- tion, such as project closeout and filing expenses, termination of leased equ ipmen t, prema ture termination of subconsul tan ts or employees, e tc. In the even t the Eng ineer 's compensa tion under this Agreement is a fixed fee, upon such termination the amount payable to the Engineer for services rendered will be determined using a proportional amount of the total fee based on a ratio of the amount of the work done, as reasonably determined by the Engineer, to the total amount of work which was to have been performed, less prior partial payments, if any, which have been made. (7) Reuse of Docuaents. All documents, including but not limited to drawings and specifications, prepared by the Engineer pursuant to this Agreement are related exclusively to the ser- vices described herein. They are not intended or represented to be suitable for reuse by the Client or others on extensions of this project or on any other project. Any reuse or assistance to others for reuse by the Client without written verification or adaptation by the Engineer to specific purposes intended will be at the Client's sole risk and without liability or legal exposure to the Engineer. Any such verification or adaptation will entitle the Engineer to further compensation at rates to be agreed upon by the Client and the Engineer. The Client shall endeavor to prevent unauthor i zed reuse by other par ties for any project or intent other than the purpose and period of time for which the documents were prepared. (8) Liability. The Engineer is protected by Workmen's Compensation Insurance (and/or employer's liabil i ty insurance), professional liability insurance, and by public liability insur- ance for bodily injury and property damage and will furnish cer- tificates of insurance upon request. The Engineer agrees to hold the Client harmless from loss, damage, injury or liability arising directly from the negligent acts or omissions of the Engineer, its employees, agents, subcontractors and their employees and agents but only to the extent that the same is actually covered and paid under the foregoing policies of insur- - 3 - ance. If the Client requires increased insurance coverage, the Engineer will, if specifically directed by the Client, take out additional insurance, if obtainable, at the Client's expense. (9) Limitation of Liability. In performing its profes- sional services hereunder, the Engineer will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession practicing in the same or similar locality. No other warranty express or implied, is made or intended by the Engineer's undertaking herein or its perfor- mance of services hereunder. It is agreed that, in accordance with and subject to the provisions of the foregoing paragraph (8), the Client will limit any and all liability, claim for damages, cost of defense, or expenses to be levied against the Engineer on account of any and all design defects, errors, omis- sions, and professional negligence to the amount actually paid in compensation for, or with respect to, such liability, claim, cost, or expense under any policy or policies of professional liability insurance maintained by the Engineer. Further, the Client agrees to notify any contractor or subcontractor who may perform work in connection with any design, report or study prepared by the Engineer of such limi tation for design defects, errors, omissions, or professional negligence. Under no circum- stances shall the Engineer be liable for extra costs or other consequences due to changed cond i tions or for costs related to the failure of the contractor or materialmen to install work in accordance with the plans and specifications. (IO) Bxpenses of Litigation. In the event litigation in any way related to the services performed hereunder is initiated between the Client and the Engineer, its contractors, or subcon- tractors, the prevailing party will be reimbursed for all of its reasonable attorney fees at all levels and other expenses related to said litigation to the extent that the final judgment is favorable. Such expenses shall include, but shall not be limited to, the cost, determined at the Engineer's normal hourly billing ra tes, of the time devoted to such li tiga tion by the Eng ineer' s employees. (ll) Controlling Law. This Agreement is to be governed by the law of the State of Florida. (12) Binding Bffect. This Agreement shall bind, and the benefits thereof shall inure to the respective parties hereto, their legal representatives, executors, administrators, succes- sors and assigns. (13) Merger; Aaendment. This Agreement constitutes the entire Agreement between the Engineer and the Client and negotia- tions and oral understandings between the parties are merged - 4 - '--- herein. This Agreement can be supplemented and/or amended only by a wr i t ten document executed by both the Eng ineer and the Client. (14) photographs. f'hotographs of any completed project embodying the services of the Engineer provided hereunder may be made by the Engineer and shall be considered as its property, and may be used by it for publication. (15) Coapensation for Additional Services. The undertaking of the Engineer to perform professional services under this Agreement extends only to those services specif ically descr ibed herein. If upon the request of the Client, the Engineer agrees to perform additional services ("Additional Services") hereunder, the Client shall pay the Engineer for the performance of such Additional Services an amount (in addition to all other amounts payable under this Agreement) equivalent to (i) the payroll costs ("p ayro1l Costs") incur red by the Eng ineer in prov id ing such Additional Services mutliplied by a factor of 2.75, plus (ii) the re imbur sable expenses ("Re imbur sable Expenses") so incur red by the Engineer in providing such services mutliplied by a factor of 1.15. (16) Hazardous Substances. It is understood and agreed that in seeking the professional services of the Engineer under this Agreement, the Client does not request the Engineer to undertake to perform any services, studies, tests or to make any determina tions for the Clien t' s bene fit involving or rela ted in any manner to hazardous substances, as def ined by Federal law Therefore, the Engineer undertakes no such obligation hereunder, and the Client agrees to hold harmless the Engineer from and against any and all claims, losses, damages, liability, and costs ar ising out of or in any way connected wi th the presence, dis- charge, release, or escape of contaminants or hazardous sub- stances of any kind, or environmental liability of any nature, in any manner related to services performed by the Engineer under this Agreement. (17) Assignment and subcontracting. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than the Client and the Engineer, and all duties and responsibili ties undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Client and Engineer and not for the benefit of any other party The Client or Engineer may assign, sublet, or transfer any or all rights under or interest in (including, but not limited to, fees that are due or may become due) this Agreement but only with the wr i tten consent of the non-assigning party, which consent shall not be unreasonably withheld, except to the extent that any assignment, subletting, or transfer is mandated by law or the effect of this provision may be restricted by law. - 5 - (18) Bvents Beyond Bither party's Control. per formance under this Agreement may be suspended due to war, civil disturbance, strikes, and Acts of God that directly prevent the execution of the obligations of either party. Upon the cessation of these events, the obligations will be continued, with time of per formance, of any, be ing ex tended by the number of days of Suspension. (19) Suspension or Abandonaent of Services. If the project is suspended or abandoned in whole or in part for more than three (3) months, for reasons other than the fault of the Engineer, the Engineer shall be compensated for all services performed prior to such suspension or abandonment, together with Reimbursable Expenses then due and all Termination Expenses. If the project is resumed after being suspended for more than three (3) months, the Engineer's compensation shall be equitably adjusted. - 6 - ---'----------------------~------------~'"---- KIMLEY-BORN AND ASSOCIATES, INC. 5800 Corporate Way West Palm Beach, Florida 33407 February 24, 1986 Mr. Edward B. Deutsch, President Boynton Park of Commerce, Inc International Building, Suite Il06 2455 East Sunrise Boulevard Fort Lauderdale, Florida 33304 Re: 1-95/NW 22nd Avenue Interchange Dear Mr. Deutsch: Kimley-Horn and Associates, Inc., is pleased to submit this proposal to provide planning, preliminary engineering, and environmental analysis services for the proposed 1-95/NW 22nd Avenue interchange in Boynton Beach, Florida. Our proposed scope of services, schedule, and fee follow. SCOPE OF WORK Task I - proiect PlanninQ. Preliminary Enqineerina. and Environmental Studies Exhibit "A", Scope of Services, describes the scope of work and responsibilities we anticipate for accomplishing the planning, engineering, and environmental impact studies and documentation for the proposed interchange. Exhibit "A", which is attached to this letter agreement, hereby is incorporated in full in this agreement as Task I. Task II - Additional Services We will provide, as requested and authorized by you, any add ~ional services such as a location hydraulic report, separate traffic report, Section 4(f) or Section l06 statements, special mitigation reports, or attendance at and preparation for additional formal or informal meetings which require analyses Mr. Edward B. Deutsch, President February 24, 1986 Page 2 beyond those described in Task I. These additional services will be accomplished under a separate agreement and are not included in this scope of services SCHEDULE We will work as expeditiously as possible to complete the draft engineering report and draft environment documents within eight (8) months after we have received the executed contract and retainer as indicated in the Fee and Billing section of this agreement. The schedule for completing the final engineering and environmental documents will depend on review by the Florida Department of Transportation and the Federal Highway Administration. FEE AND BILLING We will accomplish the work outlined in Task I for the lump sum fee of $149,000.00. We will accomplish the work outlined in Task lIon the basis of our hourly billing rates in effect at the time the work is done plus l.ls times direct expenses. Billing shall be monthly based upon a percent complete of lump G sum elements or for work actually accomplished for hourly rate elements. 1'1...!. retainsI' \Sill ti.~ aedtuteci ir... th. iiftal i nu'd '!l'(" r --r...~--- Billing will be due and payable within 25 days. ~~~ CLOSURE In addition to the matters set forth herein, our agreement shall include, and shall be subject to, the Standard Provisions attached hereto and hereby incorporated herein The term "the Client" as used in the attached Standard provisions shall refer to Boynton Park of Commerce, Inc. If you concur in the foregoing and wish to direct us to proceed with the aforementioned work, please execute the enclosed copy of this letter agreement in the space provided and return the same to the undersigned. Fees and times stated in this agreement are valid for sixty (60) days after the date of agreement by the engineer. Mr. Edward B. Deutsch, President February 24, 1986 Page 3 We appreciate this opportunity to submit our proposal. Mimi Howard has been selected to serve as project manager for this project. Please contact Mimi or me if you have any questions. JBP/MPH:mec Attachment Standard Provisions cc George Zimmerman Agreed to this b d day of --)kttt-c'- , P.E. , 1986. BOYNTON~. K OF COMMERCE, INC , A Flori Cprporation -s-7? By: 44/" Title: EdwaJd B. ( Attest: '-/?tcpt, Secre ary Deutsch, President (j/l1--'1'k'''- v (Affix Corporate Seal) DEUTSCH-VI/Letters edward deutsch/02-21-86 I 9 g- ...: ~ ., .f" )./ RECEIVPD' ~ . ..l1-,;" ~IJAJc. .(}u J~~ <," 0 7Q85' PLAJ""'.,. T- '''lj~..J uEPT Suite 201 1300 West Lantana Road Lantana, Florida 33462 Phone, (305) 533-0902 RITECO DEVELOPMENT CORPORATION - January 29, 1985 City of Boynton Beach Mr Carmen Annunziato POBox 310 Boynton Beach, FL 33435 Dear Carmen Pursuant to Paragraph 25 of the Development Order Ordinance No 84-5l Boynton Beach Park of Commerce, enclosed is a copy of the executed contract with Kimley-Horn and Associates, Inc , for Engineering Study and Justification Report for a proposed interchange at I-95 and N W 22nd Avenue Sincerely, ~ I J1/f~ Wade Riley Vice President WRjgd cc Charlie Walker Howard W Riley, Jr enclosure ./ SUPPLEMENTAL AGREEMENT BETWEEN RITECO DEVELOPMENT CORPORATION AND KIMLEY-HORN AND ASSOCIATES, INC. FOR ENGINEERING SERVICES FOR AN ENGINEERING STUDY AND JUSTIFICATION REPORT OF A PROPOSED INTERCHANGE AT 1-95 AND NW 22ND AVENUE IN BOYNTON BEACH, FLORIDA THIS SUPPLEMENTAL AGREEMENT made and entered into this - ) t day of \." ',) , 1985, by and between RITECO DEVELOPMENT CORPORA TION, herJinafter called the Client, and Kimley-Horn and Associates, Inc., hereinafter called the Engineer, a Florida corporation of 5800 Corporate Way, West Palm Beach, Florida. WITNESSETH WHEREAS, the Client and Engineer heretofore on February 28, 1983, entered mto an agreement whereby the Engineer was retained to furnish certain professional services to the Client. WHEREAS, the Client now desires to expand the scope of the proposed services (see attached scope of work - EXHIBIT "A"); and WHEREAS, it has been determined that a lump sum fee of Sixty Three Thousand Six Hundred Forty and No/I00 ($63,640.00) is reasonable and just compensation for the additional services described in Task Groups One (1) through Nine (9). WHEREAS, it has been determined that additional services described under Task Group 10 in Exhibit A may be required, and that these services will be reimbursable at current hourly rates plus expenses times 1 15 NOW THEREFORE, THIS INDENTURE WITNESSETH: That for and in consideration of the mutual benefits to flow from each to the other, the parties hereto agree as follows: 1 The Engineer agrees to produce the required interchange justification report and provide such other services as described in EXHIBIT "A" of this Supplemental Agreement. 2 The Client agrees to pay the Engineer a lump sum fee of $63,640.00 for these additional services descr ibed in Task Groups 1 through 9, inclusive. 4479.01/133 Page 1 of 2 3 The Client agrees to reimburse the engineer for services rendered under Task Group 10 (Additional Follow-up Services) on the basis of the Engmeer's hourly rates in effect at the time the work is accomplished plus 1 15 times direct expenses. Except as hereby amended, changed or modified, all other terms and conditions at the original Agreement dated February 28, 1983, and supplements thereto shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first above written. OWNER: ENGINEER By - - . ,/ , I By KIMLEY-HORN AND ASSOCIATES, INC. / } . / ~ /~ I J -.... . --- I ,1'- 'x'"-----, 1,/7 ;I~l /.J - '-, ~ \, RITECO DEVELOPMENT CORPORA nON Title' P-remdtmt/Vice President j Title )... \, , l,...... --- L L ~ j.;. Senior V ice President Date " ' Date / / '-'7 1 / I' _ _ / , -- -"- } ATTEST: Da te: ~ ') \ s.c=ratalo/I Assistant Secretary (Affix Corporate Seal) (Affix Corporate Seal) 4479.01/133 Page 2 of 2 __... ._.,,;D~' /~ '#>, EXHIBIT "An SCOPE OF SERVICES FOR INTERCHANGE JUSTIFICATION REPORT PROPOSED INTERCHANGE AT 1-95 AND NW 22ND A VENUE BOYNTON BEACH, FLORIDA Prepared by KIMLEY-HORN AND ASSOCIATES, INC. Prepared for RITE CO DEVELOPMENT CORPORATION COPR JANUARY 1985 INTRODUCTION This proposal has been prepared at the request of the RITECO Development Corpora tlOn to determine the feasibility of a new mterchange on 1-95 at NW 22nd Avenue in Boynton Beach, Florida. Before a new mterchange can be built on 1-95, the FHWA requires that an economic analysis be undertaken to determine whether or not the interchange can be justIfied from the standpoint of cost-effectIveness. In other words, a determination as to whether the public will receive benefits, over the life of the project, to offset the costs, must be made A cursory review of environmental, social and other economic issues surrounding the project must also be made to determine the overall "environmental attainability" of the project. Analysis of environmental attamabdity does not pre-empt nor presume any final environmental determina tlOns. An in-depth environmental analysis will be conducted in the near future In this case, it is also appropriate to perform a preliminary analysis of alternatives. The purpose of this analysis should be to refine and define an interchange concept and configuratlOn that best represents a solution to the engineering problems. This exercise should also be utilized to establish the geometric and operational feasibility of the proposed plans. Since this study precedes the environmental assessment process, no final decisions or quantified geometric analysis can be prepared All analyses in this proposal are preliminary and all geometric studIes will be graphic m na ture 447901/133 -1- OVERVIEW This proposal is designed to answer a number of key issues that are critical to the FHWA, FOOT, and the County These include o Is it cost-effective to construct an interchange on 1-95 providing direct access to the NW 22nd Avenue? o On a pre hminary basis, what is the best configuration for such an interchange? o Is there a proposed interchange concept that will operate effectively under forecast peak period traffic conditions? Can it be constructed under heavy 1-95 traffic conditions. o Is there an interchange configuratiOn that is geometrically feasible and acceptable from the standpoint of Federal-Aid Intersta te design standards. o Will connecting facilities be able to adequately feed and discharge projected mterchange volumes? o Is there a feasible interchange concept that is environmentally attainable? o Will the project's impacts on the local economy, neighborhoods, and social fabric Jeopardize the feaSibility of the project? o Is the proposed project consistent with other local plans, programs and priorities? o Does the project have local support and has 1t been coordinated, on a preliminary basis, with key officials that might have an interest in it? ThiS proposal identifies the methodologies and framework for attacking and resolving these issues. It provides for the publication of the appropriate documenta tiOn to secure appropriate and necessary approvals of the FHW A, FDOT and local government. 4479.01/133 -2- TECHNICAL APPROACH The following pages contain a task-by-task description of the important elements essential to the success of the mterchange justiflCa t10n project. This technical approach contains sufficient technical analysis effort to secure the necessary economic justification approvals required This approach simultaneously suggests sufficient analysis to assure that a workable mterchange configuration can be developed, withm reasonable and tolerable social/economic/environmental constraints. The tasks in this approach have been organized into nine (9) major categories or "Task Groups," as follows: o Task Group 1 - Transportation Systems Analysis o Task Group 2 - Traffic Engineering Analysis o Task Group 3 - Engineering Analysis o Task Group 4 - Preliminary SOCIal, Economic and Environmental Studies o Task Group 5 - Rela t10nships to Other Plans and Programs o Task Group 6 - Economic Analysis o Task Group 7 - Alternatives Analysis o Task Group & - Meetings and Conferences o Task Group 9 - Documentation Each of these Task Groups is described in greater detail in the pages that follow 447901/133 -3- TASK GROUP I TRANSPORT A nON SYSTEMS ANALYSIS This task will involve the overall collection and verification of the transporta tion systems data required for an interchange justification report. The purpose of this effort is to collect and organize all of the relevant and necessary data that will be used in subsequent tasks. TASK 1.1 - COLLECT AND ANALYZE DATA ThiS task IS organIzed mto seven (7) subtasks as follows Subtask 1.1.1 - Obtain existing network EXIsting and available urban area transportatIOn da ta relative to the eXIsting transportation networks will be collected, evaluated and verified for reasonableness. Subtask 1.1.2 - Obtain forecast network(s) Available urban area transportation data for the future transportation system in the project area will be collected, classified and organized. Subtask 1.1.3 - Acquire trip tables Available trip making characteristics of the urban area will be collected for both eXIsting and forecast conditIOns. Subtask 1.1.4 - Inventory number of lanes/capacity characteristics The accuracy of the data in the urban area transportation study statistics Will be field-verified. 447901/133 -4- Subtask 1.1.5 - Collect soci~conomic data and travel models The socio-economic forecasts and trip generation models will be acquIred and revIewed. Subtask 1.1.6 - Inventory current land-use/development plans/proposals Current land-use plans and major development proposals will be inventoried to upda te the trip-makmg models, as needed. Subtask 1.1.7 - Summarize Data All precedmg da ta will be summarized into usable formats. TASK 1.2 - DEVELOP BASE MICRONETWORKS This task will involve the identification of the portion of the existing and future roadway systems that will be relevant to the analysis. It will also involve the preparation of microscale graphics, network formatting and coding for subsequent computer analysis. Subtask 1.2.1 - Base Micronetworks Detailed micronetworks for both existing and future conditions will be identified, mapped and coded for subsequent computer analysis. One-way coding of the interchange system will be undertaken to insure the adequacy and level of detail necessary to perform weaving analyses, and movement-by- movement capacity analysis. This coding activity will include the pre para tion, compilation and recording of capacity characterIstics, operating speeds, link length, number of lanes, turn prohibitions, and similar operating data, for each link and node in each of the micronetworks. One network will be coded with no interchange to serve as the base case for comparison purposes. 4479.01/133 -5- Subtask 1.2.2 - Check and Verify Base Micronetworks Both the future and forecasts micronetworks will be checked for mapping and coding errors prior to computer analysis. This double check will minimize expensive computer time spent finding and debugging network coding errors at a later time TASK 1.3 - DEVELOP MICRO-TRIP TABLE FOR STUDY AREA This task will involve the acquisitiOn of base year and horizon year trip tables and socio-economic data These trip tables will be modified into the desired format. Zones external to the study area will be compressed into "macro-zones" since they are not relevant to the micro-analysis. At the same time traffic zones in the study area will be subdivided, as appropria te, to insure an adequate level of detail for the micronetwork analyses. This task Will also involve the redistribution of trips within the new zonal framework for the eXisting and forecasts trip tables. Trip generatiOn rates for high-growth zones Will also be checked and adjusted, if needed. The analysis area will extend to include, approximately, all facilities within a five-mile radius of the proJect. Subtask 1.3.1 - Collect and Review Data Existing and available trip tables for existing and forecast conditions w1l1 be collected In addition, SOCiO-econormc data, .anQ trip productions and attractions will be analyzed to determine their reasonableness in view of current land use developments and development proposals in the study area Meetmgs with local planning offiCials will be arranged to collect and review recent development proposals, and modifications to land use plans. Comprehensive plans and other relevant data WIll also be collected and discussed with local officials. 4479 0 1 / 133 -6- J Subtask 1.3.2 - Modify Trip Tables Trip generation rates will be modified as needed and the trip table modified accordmgly Growth factors will be applied to update the forecast trip table to the desired horizon year (2010) TASK 1.4 - TRAFFIC ASSIGNMENT After all trip tables have been prepared, and transit/carpool splits established, auto, transit and carpool trips will be assigned to the micronetwork for existing and planning horizon years. Subtask 1.5.1 - Load Auto Trips Auto tripS WIll be loaded to the rmcronetwork using automated traff1c assignment models Subtask 1.5.2 - Load Carpool and Transit Trips Transit and carpool vehicular tnps will also be loaded to the network. TASK 1.5 - SUMMARIZE TRAFFIC ASSIGNMENT DATA Traffic assignment statistics will be summarized in tabular form suitable for incorpora tion into the final report. These statistics will also become the primary source of road user data for input into the road user benefit analysis. These statistics WIll mclude vehicle mIles of travel (VMT), vehicle hours of travel (VHT) and person-hours of travel (PHT) TASK 1.6 - SUMMARY MEMO A summary memorandum covenng all of the informatIOn generated withm this Task Group wIll be prepared. 447901/133 -7- TASK GROUP 2 TRAFFIC ENGINEERING ANALYSIS The traffic engineering task group is designed to assure the operational integrity and feasibil1ty of the plans under study Results of this effort Will also play an important role in the project's final justification by pinpointing the operational bene fits of the proJect. TASK 2.1 - UPDATE TRAFFIC DATA Existing and available traffic counts in the area will be updated and supplemented with new available data generated since earlier studies. Where necessary, and where needed traffic count information is absent, addItional traffic counts will be taken, as required. TASK 2.2 - DEVELOP MICRO-ASSIGNMENT OF PEAK HOURLY VOLUMES The results of the preceding analysis will be assigned and displayed in a graphic single-line format to Illustrate the critical peak volume loadll1gs for individual dIrectIOnal links in the various interchange configurations. The directional peak hour exhIbIting the hIghest volume will be displayed on each link. TASK 2.3 - ANALYZE CAPACITY OF INTERCHANGE CONCEPTS Once the controlling peak hour volumes are graphically displayed on each of the interchange configurations under study, an m-depth analysis of the capacity of each configuration can be undertaken The purpose of this analysIs is twofold first, it is to determll1e those components of each mterchange 4479 01/133 -8- configuration that may be deficient from a capacity and level-of-serviCe (LOS) standpomt, second, it is to identify those remedies that can be implemented to reduce or eliminate the capacity problems so identified. Subtask 2.3.1 - Preliminary Screening To undertake this analysis effort, it is Important to discard unneeded analyses. For example, certain sections and components of the various mterchange concepts will be obviously sufficient from a capacity analysis viewpoint. These sections will not be subjected for unneeded in-depth quantita tive analysis. Subtask 2.3.2 - Execute Capacity Studies Capacity studies will be conducted for the following types of freeway segments o Basic freeway mainline segments o Basic freeway ramp segments o Isolated on-ramp o Isola ted off-ramp In additiOn to the studies listed above, critical lane analyses for critical signalized intersections will also be performed These will include the follow mg I 1-95 Ramps and Hypoluxo Road 2 1-95 Ramps and Boynton Beach Boulevard 3 1-95 Ramps and l'l W 22nd Avenue (Proposed) 4 Congress Avenue and Hypoluxo Road 5 Congress Avenue and Boynton Beach Boulevard 6 Congress Avenue and N W 22nd Avenue 7 Congress Avenue and Major Access IntersectiOns to Boynton Beach Park of Commerce 8 Seacrest Boulevard and N W 22nd Avenue Subtask 2.3.3 - Determine Levels of Service Based upon the preceding effort expended in Subtask 2.3 2, the level- of-service of each roadway segment and intersection will be classified in accordance with its corresponding level-of-service, using the following ca tegories: o o o Level of Service "C" or better Level of SerVice "0" Level of Service "E", or worse 447901/133 -9- Subtask 2.3.4 - Plot and Display Level of Service Results Based upon the results of Subtask 2 3 3, these results will be graphically displayed on single-line representations of the interchange configura tlOns. TASK 2.4 - ANALYZE CAPACITY OF SURROUNDING FACILITIES TO FEED AND DISCHARGE INTERCHANGE VOLUMES In recent years, the FHW A, and the traffic engineering community, in general, have become acutely concerned with upstream/downstream capacity problems. In many cases in the past, massive investments have been made into major freeway or highway expansion projects, only to find that these improvements were underutilized, due to the inability of connecting facilities to feed and discharge the volumes associated with the improvement. Subtask 2.4.1 - Upstream/Downstream Capacity Studies To avoid this problem, It is important to analyze the capacity of the facilities connected to the planned improvement. This analysis will involve a study area bounded by Hypoluxo Road on the north, Boynton Beach Boulevard on the south, Congress Avenue on the West, and Seacrest Boulevard on the east. In thIS case, the capaCity of several connecting facilities wIll be analyzed against the capacity of the proposed interchange o 1-95 - and connec~ing faCilIties, south of the proposed interchange o 1-95 - and connecting facil1ties, north of the proposed interchange o NW 22nd Avenue, east and west of the proposed interchange These will include the following intersectlOns: I 1-95 Ramps and Hypoluxo Road 2 1-95 Ramps and Boynton Beach Boulevard 3 1-95 Ramps and N W 22nd Avenue (Proposed) 4 Congress Avenue and Hypoluxo Road 5 Congress Avenue and Boynton Beach Boulevard 6 Congress Avenue and N W 22nd Avenue 7 Congress Avenue and Major Access IntersectlOns to Boynton Beach Park of Commerce 8 Seacrest Boulevard and N W 22nd Avenue 4479.01/133 -10- TASK 2.5 - SAFETY ANALYSIS One of the key factors in any economic accidents. Normally, improved facllltles characteristics of a transportation system key subtasks: analYSIS is the costs associated with can significantly enhance the safety This task wIll be composed of several Subtask 2.5.1 - Collect AcclCfent Records Accident records for 1-95 and connecting facilities in the area will be collected and analyzed. Subtask 2.5.2 - Analyze Accident Data Accident statistics will be categorized as fa tal, property-damage only (PDO) or injurious. Subtask 2.5.3 - Develop Unit Costs Umt costs for the various types of accidents will be researched and developed. Subtask 2.5.4 - Develop Accident Forecasts Forecasts of accident ra tes under the various improvement scenarios will be prepared. These alternatives will include the "Do-Nothing" alternative Sub task 2.5.5 - Develop Accident Cost Profiles ACCIdent cost profiles for the various alternatives WIll be prepared by accident ca tegory 4479 01/133 -11- TASK 2.6 - CONCEPTUAL MAINTENANCE OF TRAFFIC ANALYSIS Maintaining interstate traffic during massive interchange construction and 1-95 reconstruction is a complex and oftentImes expensIve undertaking The design concepts must be sensitive to this factor, and will be evaluated for their ability to be constructed under heavy traffic conditions. The objective of this task will be to conceptually analyze mamtenance of traffic schemes that mamtam the eXIstmg number of lanes of traffIc wherever possible At the same time, design concepts will be reviewed and modified to accommodate sensible, cost-effective mamtenance of traffiC schemes. TASK 2.7 - PREPARE TRAFFIC ENGINEERING TECHNICAL MEMO A technical memo summarizing the results of the Traffic Engineering Task Group will be prepared 4lf79 01/133 -12- TASK GROUP 3 ENGINEERING ANAL YSIS This task is essential to the development of a reasonable and practical concept that will be subjected to the various analyses. The concepts must be workable, geometrically, and the purpose of this analysis is to assure that this is the case. To accomplish this, "desirable" federal-aid interstate design criteria should be followed to the maximum extent feasible. If these criteria cannot be met, strong reasons for nonconformity must be clearly established. In this case, detailed typical section studies are required in the vicinity of potential right-of-way problems in order to understand the order-of-magnitude of the project's impacts. Likewise, bridge span arrangement studies must be undertaken to grasp the technical feasibility of several concepts, and to get a handle on costs. This task group w1l1 also include the important task of cost estimatmg which is essential to the process of securmg federal justification. TASK 3 1 - GEOMETRIC FEASIBILITY ANAL YSIS A number of geometric tests must be performed to assure that the concepts under consideration are geometrically feasible TASK 3~2 - ADJUST GEOMETRIC PLANS Based upon the analysis completed in Task 3 1, the alternative concepts will be modified and re-drafted to better accommodate desirable design criteria. These adjustments may include longer weaving areas, improved gore arrangements, improved span arrangements, enhanced geometric conditions, and improved merging conditions. A recommended plan (to scale) will be produced. 4479 01/133 -13- TASK 3.3 - PREPARE COST ESTIMATE ThIS task will involve several subtasks, as follows: Subtask 3.3.1 - Acquire Unit Cost Data Current FOOT unit cost informatIon will be obtamed Subtask 3.3.2 - Develop Preliminary Construction Quantities Preliminary quantities for major cost items such as lane-miles of pavement, square-footage of bridge (by category), cubic yards of embankment, and linear feet of retaining wall will be developed. A gross parametric percentage umt estimate for incidental engineering and contingencies will be used. Subtask 3.3.3 - Estunate Right-of-Way Costs Local unit land costs for industrial/residential acreage and structures will be obtained for the area by contacting local realtors. A rough estImate of total acreage and square feet of structures will be made for each alternate TASK 3.5 - PREPARE TECHNICAL MEMO A technical memo summarizing the findings of the engineering analysis will be prepared. 4-4-7901/133 -14-- TASK GROUP 4 PRELIMINARY SOCIAL, ECONOMIC AND ENVIRONMENTAL STUDIES ThIS task group involves a preliminary examinatIOn of the environmental attainability of the various alternatives. This IS not a final environmental assessment and will not result 10 any final environmental determinations. However, this analysis will answer the question "Is the project environmentally a ttainable?" This analysis will also identify significant social, economic and environmental issues and their order-of-magnitude The relative impact of the various alternatIves wIll be analyzed in a preliminary way, and unfeasible concepts will be modified or discarded. TASK 4.1 - INSPECT PROJECT SITE FOR SENSITIVE AREAS An Inspection of the project SIte will be performed to inventory classIfy, and assess the sensitivity of potential impacts. TASK 4.2 - ANALYZE SOCIAL IMPACTS The impact of the various alternatives on local neighborhoods, parks, recreatIOn facilities, police/fire facilIties, churches, mInonty groups, schools, hIstone sites, archaeological SItes, hospitals, nursing homes, medical services, and the like, will be assessed in a prel1mlOary way 4479 01/133 -15- TASK 4 3 - ECONOMIC IMPACT STUDY The economIC impact of the project on the local economy will be assessed in a general way The impact of the project on local businesses and employment, in the short, and long term will be identified. This analysis will include conclusions regardmg project Impacts on the followmg categories: o Highway constructIOn employment o General employment o Local businesses displaced o Overall economiC conditIOn of metro area o Indirect benefits TASK 4.4 - ANALYZE ENERGY IMPACTS The effect of the project on overall energy consumption wIll be analyzed and addressed, in a qualitative manner Motor fuel consumptIOn will be addressed quantitatively TASK 4.5 - ANAL YZE ENVIRONMENTAL IMPACTS A cursory assessment of environmental impacts will be made by visual inspectIOn of the project area and by conferences WIth local environmental officials. Environmentally-sensitive receptors and habitats for endangered species will be IdentIfied, 1f any, and the impact of the project on local waters and wetlands will be addressed In addition, the general effect of the project on air quality, noise and local hydrology will be addressed. 4479.01/133 -16- TASK 4.6 - IDENTIFY MITIGATIVE COUNTERMEASURES If noise or other impacts are identified as being significant, the appropriate mitigative countermeasures will be suggested, and IdentIfIed. The effectiveness of the countermeasure will be addressed. TASK 4.7 - TECHNICAL MEMO A technical memo summarlzmg the findmgs of the preliminary social, economIC and environmental assessment will be prepared. 4479.01/133 -17- T ASK GROUP 5 RELA TIONSHIP TO OTHER PLANS AND PROGRAMS To receIve federal approval for a new mterchange on 1-95, it must be demonstrated that the proposed improvement is consistent with other local plans and programs. The purpose of this task group IS to provide that documentatlOn. TASK 5.1 - INVENTORY PLANS AND PROGRAMS Other local plans, programs and goals will be collected and examined. These plans will include local land use plans/comprehensive plans, transportatIon plans, transportation improvement programs, transit development programs, capital improvement programs and so forth. TASK 5.2 - EVALUATE COMPATIBILITY The compatibllity of the proposed project with other plans and programs will be analyzed. TASK 5.3 - TECHNICAL MEMO A techmcal memo summarizing the findmgs of this task group will be prepared. 4479.01/133 -18- T ASK GROUP 6 ECONOMIC ANALYSIS The central part of this study is the economic analysis. This analysis must be conducted m accordance with the 1977 AASHTO Manual on User Benefit Analysis. Any dev Ia tions from the procedures in this manual must be documented and justifIed. If such modIfications are found to be appropriate, more efficient, and justIfiable, they will be documented. OtherWIse, thIS analYSIS process will be executed in accordance with the AASHTO manual. This analYSIS w1l1 be conducted for two scenarios o "Do-nothmg" alternative o One interchange concept TASK 6.1 - DATA SELECTION AND DEVELOPMENT STUDIES A host of unit cost factors most be researched, developed and formatted for input into the economic analysis program This will involve several subtasks. Subtask 6.1.1 - Update Cost Factors Cost factors must be updated to current year costs using the Consumer Price Index or other mdices of mila tlon. Some of the factors, that must be researched and updated, in accordance with AASHTO requirements, will include 4479 01/133 o o o o o o o o o Gasoline costs IdlIng cost factors Unit value of motorists' time Oil costs Tire costs New car depreciation factors Repair and maintenance costs Interest ra tes Section cost factors -19- Subtask 6.1.2 - Identify and Classify Roadway Sections The AASHTO procedures provide for the stratification of user costs and benefits in accordance with the classdica tion of each roadway segment. Roadway segments can be subclassified by a varIety of characteristics, including design, speed, grades, curvature and so forth This classification procedure WIll be undertaken in compliance with AASHTO guidelines. Subtask 6.1.3 - Develop User Cost Factors and Related Data Once unit cost factors are updated to the current year, and roadway sections have been classified, user cost factors will be developed and sorted for application to each category of roadway This procedure will include the development of the following da ta for input into the analysis process: o Roadway varIables affecting running costs o Vehicle miles of travel o Passenger hours of travel o VehlCle class miX o Passenger car runnmg cost consumption factors: - fuel - maintenance/repair - od - depreciation - tire wear o T ruck running costs o Truck class mIX o ACCident costs o Other data, as required Subtask 6.1.4 - Format Input Data The above data WIll be assembled and comptled into a usable format for computer analysis purposes. 447901/133 -20- ------- -~- ~---- TASK 6.2 - EXECUTE BENEFIT - COST ANALYSIS A comprehensive benefit cost analysis wIll be executed in accordance wIth AASHTO guidelines. It is anticipated that this analysIs w1l1 be executed using a computer program available from the DOT that is based upon AASHTO procedures and that has the approval of the FDOT and FHWA The purpose of this task is to determine the relative economic merit of the project, as a whole This analysis will also produce some preliminary comparisons among the alternatIves subjected to the analysis. The proposed procedure will be a present worth analysIs. The current value of the user benefIt stream will be computed and divided by the present worth of the capital and operating/maintenance costs of the proposed Improvement packages. The user benefit stream will be computed by subtracting the user costs of the proposed improvements, from the "do-nothmg" alternative, over a twenty year planning period If the net present value (NPV) resulting from this computation is greater than zero, then the project is justified. TASK 6.3 - SUMMARIZE FINDINGS The findmgs of this economic analysis task group WIll be summarized in a technical memo. This memo will include single line graphIc representations of the alterna tives analyzed and a 11sting of all of the assumptIons used in the analysIs. 4479 01/133 -21- TASK GROUP 7 ALTERNATIVES ANAL YSIS The task group wIll Involve a prel1mmary evaluatlOn of each alterna tive usmg all of the criteria and analytic data assembled in previous tasks. Both quantitative and qualitative data will be used to establish the general relationshIp of each alternative to each other in a comprehensive format. A matrix analysis procedure is proposed TASK 7.1 - DEVELOP EVALUATION CRITERIA Broad project goals and objectives will be subdivided into specific criteria for evaluation purposes. These criteria will include subdivisions of such items as level of transportation service, safety, economic impacts, environmental impacts, social/neighborhood lmpacts, and costs. TASK 7.2 - ANAL YZE ALTERNATIVES AGAINST CRITERIA Each alternative wil1 be arrayed In matnx format against the evaluatlOn criterIa Subjective and objective data will be displayed in the matnx. These data WIll then be used to judge the relative value of one alternative versus another TASK 7.3 - SUMMARIZE FINDINGS A graphic display of the matrix analysis will be prepared. A technical memo summanzmg the principal findmgs of the analysls will also be prepared. 4479 01/133 -22- T ASK GROUP 8 MEETINGS AND CONFERENCES This task group mcludes all of the meetmgs and conference requIred for the study effort. TASK 8.1 - CONDUCT MEETINGS WITH GOVERNMENT OFFICIALS MultIple meetmgs (up to 10) WIth a number of government agenCies w1l1 be requIred a t various stages of the analysis process. Some meetings will be held during the data collection phase and others wlll be held during key technical analYSIS activities. Very important meetings will also be held with the lead agencIes (i.e , the FOOT and Palm Beach County) prior to publication of findings, for review purposes. Agencies tha t will be contacted will include o FOOT - District 4 o FOOT - Tallahassee o Palm Beach County Department of Engmeering o Palm Beach County Planning o MPO staff o FHW A o City of Boynton Beach o Florida Department of EnVIronmental RegulatlOn 4479 01/133 -23- TASK 8.2 - CONDUCT MEETINGS WITH LOCAL ENVIRONMENTALISTS Meetings with local people mtimately famIl1ar with environmental issues will also be arranged. These people will include local archaeologists, histonc site personnel, wIldlife experts, marine biologists and general environmentalists. Leaders of local organized environmental groups such as the Audobon SocIety wIll be sought and con tac ted. TASK 8.3 - CONDUCT MEETINGS WITH LOCAL BUSINESS LEADERS Several meetings wIll be held with local chambers of commerce and/or local business leaders. Individual neIghborhood leaders and businessmen directly affected by the project will also be contacted, as appropriate TASK 8.4 - PREPARE MINUTES OF MEETINGS Summary mmutes of all meetmgs will be prepared, filed and mamtamed. 4479 01/133 -24- T ASK GROUP 9 DOCUMENT A TION nus task group wIll include the compIlation and pre para tion of all stud> documenta tlOn. TASK 9.1 - PREPARE DRAFT REPORT A draft of the final report will be prepared for cIrculation to the County, FOOT and FHWA for review and comment. TASK 9.2 - REVIEW DRAFT REPORT A meeting will be held to coordinate and dISCUSS review comments. Conflicting comments will be resolved. TASK 9.3 - PREPARE FINAL REPORT The draft report will be reWrItten as needed based upon the results of Task 9 2 AppendIces will be mcluded as needed. The fmal report wlll be submItted to the appropriate agencies. 4479.01/133 -25- T ASK GROUP 10 ADDITIONAL FOLLOW-UP SERVICES Additional services may be required to secure a final decision regardmg approval or disapproval of the interchange These services will be provided on a reimbursable, as-needed basIs. 4479 01/133 -26- PROJECT SCHEDULE We propose to execute this assignment within eighteen (18) weeks of your notice to proceed. 447901/133 -27-