R03-196RESOLUTION NO. 03-lq{o
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING AND APPROVING A
CONSULTANT AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH AND KIMLEY-HORN AND
ASSOCIATES, INC., FOR PROFESSIONAL PLANNING
AND ENGINEERING CONSULTING SERVICES
ASSOCIATED WITH A PROPOSED AMENDMENT TO
THE CITY'S COMPREHENSIVE PLAN TO DESIGNATE A
TRANSPORTATION CONCURRENCY EXCEPTION AREA
(TCEA) WITHIN THE CRA AREA; AUTHORIZING THE
CITY MANAGER AND CITY CLERK TO EXECUTE THE
AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission, upon recommendation of staff, has deemed it to
in the best interests of the citizens and residents of the City of Boynton Beach to approve
Consultant Agreement between the City of Boynton Beach and Kimley-Horn and
',iates in an amount not to exceed $104,000, for professional planning and engineering
~g services associated with a proposed amendment to the City's Comprehensive Plan
designate a Transportation Concurrency Exception Area (TCEA) for the City of Boynton
the CRA area; and
WHEREAS, the base amount of the contract is $56,000 with optional elements
~g to an additional $48,000. It is acknowledged and agreed that all costs associated
this contract are to be paid by the City of Boynton Beach Community Redevelopment
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses arc hereby ratified and confirmed as
)ting true and correct and are hereby made a specific part of this Resolution upon adoption
Section 2. The City Commission of the City of Boynton Beach, Florida does
~ereby authorize and approve the Consultant Agreement between the City of Boynton Beach
nd Kimley-Hom and Associates in an amount not to exceed $104,000, for professional
~lanning and engineering conSulting services associated with a proposed amendment to the
2ity's Comprehensive Plan to designate a Transportation Concurrency Exception Area
'TGCEA) for the City of Boynton Beach within the CRA area, which Agreement is attached
tereto as Exhibit "A".
Section 3. The City Manager and City Clerk are authorized and directed to
~xecute said Agreement.
Section 4. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this I {o day of December, 2003.
CITY OF BOYNTON BEACH, FLORIDA
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CONSULTANT AGREEMENT
THIS AGREEMENT, is entered between the City of Boynton Beach, hereinafter referred to as
"the City", and Kimley-Hom and Associates, Inc., hereinafter referred to as "the Consultant", in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
PROJECT DESIGNATION The Consultant is retained by the City to provide
professional planning and engineering consulting services associated with a proposed
amendment to the City of Boynton Beach Comprehensive Plan to designate a
Transportation Concurrency Exception Area (TCEA) for the City of Boynton Beach
within the CRA area.
SCOPE OF SERVICES Consultant agrees to perform the services, identified on
Exhibit "A" attached hereto, and incorporated herein by reference.
°
TIME FOR PERFORMANCE. The Consultant's responsibility to provide services
under this contract shall commence upon execution of this document by the parties and
shall terminate sixty (60) days after final completion of the project.
PAYMENT. The City Commission shall pay Consultant for services provided pursuant
to the Fee Schedule included in Exhibit "A".
The Consultant may submit invoices to the City upon completion of each Task
described in the Fee Section of Exhibit "A". Such invoices will be checked by the
City, and upon approval thereof, payment will be made to the Consultant in the
amount approved.
bo
Final payment of any balance due the Consultant of the total contract price earned
will be made promptly upon its ascertainment and verification by the City after
the Completion of the work under this agreement and it's acceptance by the City.
Payrrlent as provided in this section shall be full compensation for work
performed, services rendered and for all materials, supplies, equipment and
incidentals necessary to complete the work.
°
S:\CA~AGMTS\Consultant Agreement Kimley Horn.doc
d. The Consultant's records and accounts pertaining to the agreement are to be kept
available for inspection by representatives of the City and State for a period of
three (3) years after final payments. Copies shall be made available upon request.
.OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings,
specifications, and other materials produced by the Consultant in connection with the
services rendered under this agreement shall be the property of the City whether the
project for which they are made is executed or not. The Consultant shall be permitted to
retain copies, including reproducible copies, of drawings and specifications for
information, reference and use in connection with Consultant's endeavors.
COMPLIANCE WITH LAWS. Consultant shall, in performing the services
contemplated by this agreement, faithfully observe and comply with all federal, state, and
local laws, ordinances and regulations that are applicable to the services to be rendered
under this agreement.
o
INDEMNIFICATION. Consultant shall indemnify, defend and hold harmless the City,
its offices, agents and employees, from and against any and all claims, losses or liability,
or any portion thereof, including attorneys fees and costs, arising from injury or death to
person, the employees, or damage to property occasioned by a negligent act, error or
omission of the Consultant.
9. INSURANCE. The Consultant shall secure and maintain in force throughout the duration
of this agreement, workers compensation, comprehensive general liability insurance with
a minimum coverage of $1,000,000 per occurrence and professional liability insurance in
the amount of $1,000,000. See the Insurance Advisory Form attached hereto as Exhibit
"B." Said general liability policy shall name the City of Boynton Beach as an additional
named insured and shall include a provision prohibiting cancellation of said policy except
upon thirty (30) days prior written notice to the City. Certificates of coverage as required
by this section shall be delivered to the City prior to execution of this agreement.
10. .INDEPENDENT CONTRACTOR, The Consultant and the City agree that the
Consultant is an independent contractor with respect to the services provided pursuant to
this agreement. Nothing in this agreement shall be considered to create the relationship
of employer and employee between the parties hereto. Neither consultant nor employee
of consultant shall be entitled to any benefits accorded City employees by virtue of the
services provided under this agreement. The City shall not be responsible for
withholding or otherwise deducting federal income tax or social security or for
contributing to the state industrial insurance program, otherwise assuming the duties of an
employer with respect to Consultant, or any employee of Consultant.
11. ..COVENANT AGAINST CONTINGENT FEES The Consultant warrants that he has
not employed or retained any company or person, other than a bonafide employee
working solely for the Consultant, to solicit or secure this contract, and that he has not
paid or agreed to pay any company or person, other than a bonafide employee working
solely for the Consultant, any fee, commission, percentage, brokerage fee, girls, or any
other consideration contingent upon or resulting from the award or making of this
contract. For breach or violation of this warranty, the City shall be the right to annul this
contract without liability or, in its discretion to deduct from the contract price or
consideration, or otherwise recover, the full amount of such fee, commission, percentage,
brokerage fee, girl or contingent fee.
12. .DISCRIMINATION PROHIBITED. The Consultant, with regard to the work
performed by it under this agreement, will not discriminate on the grounds of race, color,
S:\CAXAGMTS\Consultant Agreement Kimley Horn.doc
13.
14.
15.
16.
17.
national origin, religion, creed, age, sex or the presence of any physical or sensory
handicap in the selection and retention of employees or procurement of materials or
supplies.
ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered
by this agreement without the express written consent of the City.
NON-WAIVER. Waiver by the City of any provision of this agreement or any time
limitation provided for in this agreement shall not constitute a waiver of any other
provision.
TERMINATION.
ao
The City reserves the right to terminate this agreement at any time by giving ten
(10) days written notice to the Consultant. Consultant shall be paid for work
completed up to the date of termination.
In the event of the death of a member, partner or officer of the Consultant, or any
of its supervisory personnel assigned to the project, the surviving members of the
Consultant hereby agree to complete the work under the terms of this agreement,
if requested to do so by the City. This section shall not be a bar to renegotiations
of this agreement between surviving members of the Consultant and the City, if
the City so chooses.
DISPUTES. Any dispute out of the terms or conditions of this agreement shall be
adjudicated within the courts of Florida. Further, this agreement shall be construed under
Florida Law.
NOTICES. Notices to the City of Boynton Beach shall be sent to the following
address:
CITY OF BOYNTON BEACH
P.O. BOX 310
BOYNTON BEACH, FL 33425-0310
ATTN: City Manager
Notices to Consultant shall be sent to the following address:
Kimley-Homand Associates, Inc.
4431 Embarcadero Drive
'West ~aim ~each, ~-~ 33407
ATTN: Mr. Jason Matson
S:\CA~GMTS\Consulmnt A~eement ~mley Hom.d~
18. .SEVERABILITY. The invalidity, illegality, or unenforceability of any provision of this
agreement, or the occurrence of any event rendering any portion or provision of this
agreement void, shall in no way affect the validity or enforceability of any other portion
or provision of the agreement. Any void provision shall be deemed severed from the
agreement and the balance of the agreement shall be construed and enforced as if the
agreement did not contain the particular portion or provision held to be void. The parties
further agree to reform the agreement to replace any stricken provision with a valid
provision that comes as close as possible to the intent of the stricken provision.
19. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both the City and
Consultant.
DATED this I~ day of
~ity Manager
enticated:
Form:
Office of thbtCity Attorney
2003.
Consultant
Title
(Corporate Seal)
Attest/Authenticated:
Secretary
S:\CALa, GMTS\Consultant Agreement Kimley Horn.doc
Kimley-Horn
and Associates, Inc,
P,.O 3-Iq
November 24, 2003
Mr. Dale Sugerman
Assistant City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida, 33425-0310
Dear Mr. Sugerman:
Kimley-Hom and Associates, Inc. ("KHA" or "the Consultant" or "We") is
pleased to submit this letter agreement (the "Agreement") to the City of Boynton
Beach ("the Client") to provide professional planning and engineering consulting
services associated with a proposed amendment to the City of Boynton Beach
Comprehensive Plan being considered by city officials to designate a
Transportation Concurrency Exception Area (TCEA) for the City of Boynton
Beach downtown area.
TCEA BACKGROUND
It is our understanding that the Boynton Beach Community Redevelopment
Agency (CRA) and the City of Boynton Beach ("the City") seek to establish a
TCEA within the CRA, its designated urban redevelopment area as defined in
9J-5.0055(6)(a)(2) of the Florida Administrative Code. The City has recently
updated the redevelopment plans for the areas integrating mixes of land uses and
encouraging multi-modal transportation options. Nonetheless, the plans are
expected to create additional vehicular impacts both within the proposed TCEA
and the adjacent areas. The intent of the TCEA establishment is to facilitate
implementation of these plans through elimination of the transportation
concurrency requirements. Instead, the TCEA plan will include strategies for
traffic impact mitigation and management, and contribute to the creation of a
livable and sustainable community in the downtown Boynton Beach area.
Application for a TCEA can only be made by a municipality or the County. The
TCEA is adopted as an amendment to the City's Comprehensive Plan and to the
Traffic Performance Standards Ordinance (TPSO) which involves an amendment
to the County's Comprehensive Plan. These amendments are reviewed by
various state and local agencies including adjacent cities, various county
departments, the Treasure Coast Regional Planning Council, Florida
Departments of Transportation and Community Affairs.
·
4431 Embarcadero Drive
West Palm Beach, Florida
33407
·
TEL 561 845 0665
FAX 561 863 8175
Kimley-Horn
and Associates, Inc.
Mr. Dale Sugerman, November 24, 2003, Page 2 of 8
TCEA GOALS
The TCEA process will serve many purposes in addition to providing the
mechanism to achieve the desired land use plan for the CRA. Mixed-use
development within the CRA will promote a larger market for transit. With the
anticipated increase in number of downtown city dwellers, there will be an
increased demand for bus, rail, and other multimodal transit providers. This
demand will reduce the reliance on automobiles for individual transportation
needs, and in turn, assist the development of non-automotive modes of
transportation such as bicycles or walking. Furthermore, the following
economic, social, and environmental goals of the CRA will be made possible by
implementation of the TCEA:
· Increase the quality of urban life through a pedestrian-friendly environment.
· Improve conditions for people (cleaner air, friendlier surroundings, and more
trees).
· Provide a wider choice of transportation and urban life-style options.
· Encourage opportunities for economic development by promoting the
downtown.
· Create safe and attractive streets by reducing the negative effects of motor
vehicles on the environment.
· Increase property values through redevelopment.
· Promote pedestrian, bicycle, and transit use.
· Conserve natural resources including energy and land by reducing vehicle
trips and single occupancy vehicles.
· Build an equitable transportation system.
SCOPE OF SERVICES
The following scope of services is offered to help the CRA and the City achieve
the ultimate vision of the CRA redevelopment plan by amending the City of
Boynton Beach Comprehensive Plan to establish a TCEA within the CRA, its
designated urban redevelopment area as defined in 9J-5.0055(6) of the Florida
Administrative Code and Section 15.(1) N of the Palm Beach County Land
Development Code.
TCEA TASKS
Task 1 - TCEA Definition and ,lustification
The initial step will be to designate the boundaries of the TCEA in accordance
with Department of Community Affairs (DCA) Rule 9J-5.005(2). This will
involve coordinating with City staff to present consistent area delineation for use
in the Comprehensive Plan Amendment and TCEA Applications and to help
justify the boundaries in relation to the goals, objectives and policies of the
City's Comprehensive Plan. It is our understanding that the City intends for the
Kimley-Horn
and Associates, Inc.
Mr. Dale Sugerman, November 24, 2003, Page 3 of 8
proposed TCEA to exclude the CRA areas south of Woolbright Road, north of
the Boynton Beach canal, and the area west of Interstate-95.
A review of the Existing and Future Land Use Map Data as provided in the
existing City Comprehensive Plan will be performed to evaluate the existing and
proposed land uses within the CRA. In order to develop traffic projections for
the CRA, this evaluation will be supplemented by site-specific land use types
and intensities provided by the City and CRA. Vacant land use data as provided
by the City or CRA will be utilized to determine applicability of TCEA
justification options under Rule 9J-5. Site-specific data or vacant land use data
not provided to KHA may have to be compiled (as an Additional Service) by a
review of current GIS (Geographic Information System) data available from
Palm Beach County.
It is a requirement of the Palm Beach County Traffic Performance Standards
Ordinance (TPSO) that a Pre-Application Meeting be held as a part of the TCEA
procedure. Kimley-Horn will schedule an initial pre-application meeting to
include a technical methodology discussion with representatives of both the
Palm Beach County Traffic Division and Planning Division (who will be
responsible for inviting other representatives of other agencies or
municipalities). We will prepare a methodology document to present the
techniques that will be used in the analysis. We will attend the meeting to
present the methodology to agency representatives in attendance.
Task 2 - TCEA Analysis
In accordance with requirements of the Department of Community Affairs
(DCA) and Palm Beach County, a traffic analysis will be prepared to address the
impacts of the TCEA on the surrounding area, adjacent municipalities and the
Florida Intrastate Highway System (FIHS). Information provided by Palm Beach
County and other agencies during the Pre-Application and Methodology Meeting
will be evaluated for incorporation into the analysis. This is expected to include
daily and peak hour analyses and will address short and long range projections of
traffic conditions. The long range analysis will involve a 2025 evaluation of
traffic conditions in the downtown Boynton Beach area. Up to six (6)
intersections will be analyzed (as needed) as part of Task 2.
An evaluation of the existing transportation network will be performed,
including roadway conditions, available transit options (such as PalmTran routes
or access to TriRail service), as well as pedestrian and bicycle facilities.
Existing traffic count data will be obtained from the City of Boynton Beach,
Palm Beach County, and the Florida Department of Transportation.
Based on the land use data provided in Task 1, a trip generation analysis will be
undertaken for the proposed CRA land use utilizing trip generation rates from
Palm Beach County and current edition of the Institute of Transportation
Engineering's Trip Generation Report. Trip generation calculations for unique
Kimley-Horn
and Associates, Inc.
Mr. Dale Sugerman, November 24, 2003, Page 4 of 8
land uses not specified by ITE or Palm Beach County will be developed using
assumptions or acceptable methodology.
The Palm Beach County Florida Standard Urban Transportation Model Structure
(FSUTMS) for the 2025 analysis year will be modified to appropriately represent
the proposed CRA land use plan as defined in Task 1. The FSUTMS model data
will be utilized to obtain historical growth information for non-CRA background
traffic as well as to assign CRA project trips to the surrounding network.
The outcome of this task will be a preliminary TCEA Justification Report
including initial recommendations as to mitigation strategies.
Task 3 - Agency Meetines and Coordination
Based on the initial review of the TCEA Justification Report, additional inter-
agency meetings are expected. We have estimated the need for up to six (6) of
these meetings, which may include staff meetings, technical meetings,
neighborhood workshops and public hearings as authorized by the City. These
could include the required public hearings needed to adopt the TCEA application
including meetings at County Land Use Advisory Board, County Commission,
and relevant City advisory boards and City Commission.
Review comments received during agency meetings will be evaluated to
determine if updates of the preliminary TCEA justification reports are required
prior to transmittal to the Department of Community Affairs (DCA). Up to two
(2) updates of the TCEA justification report (assuming no significant
modifications to agreed methodology) are envisioned under Task 3.
Task 4 - TCEA Mitigation Strategies
As part of the TCEA Justification Report, KHA will refine specific mitigation
strategies to alleviate the potential impacts of concurrency issues within the
study area. The TCEA mitigation plan will include recommendations
addressing the following multimodal transportation strategies:
Potential geometric design improvements to both roadway and
intersection locations that will increase capacity and improve traffic
operations within the study area.
Recommendations for neo-traditional design options, as well as feasible
traffic calming measures throughout the study area.
· Transit Circulator Plan, Bikeway Plan, and a Pedestrian Network Plan.
· Potential land use intensity modifications, land use phasing plan, or
mixed-use intensity ratio limitations.
· Transit Oriented Design (TOD) Recommendations.
· Transportation Demand Management/Transportation Demand Initiative
(TDM/TDI) alternatives.
Kimley-Horn
and Associates, Inc.
Mr. Dale Sugerman, November 24, 2003, Page 5 of 8
Illustrative graphics utilizing available software will be prepared to summarize
the recommended plans. Mitigation strategies will be prepared in draft format
for review by City staff prior to submittal to Palm Beach County or DCA.
Task 5 - TCEA Comprehensive Plan Amendment.,;
KHA will incorporate the proposed strategies and recommendations for
transportation operations within and around the TCEA in the Traffic Element of
the City of Boynton Beach Comprehensive Plan. In this task, we will work with
the City to develop a set of mutually supportive Goals, Objectives and Policies
O ' '
( OP s) to guide transportation decision-making related to the implementation
of the TCEA in the City.
Even though we understand that the City intends to make a substantial
modification to the current Traffic Circulation Element, we will review the
current element for purposes of identifying any useful portions to carry forward
into the updated element or recommend modifications to existing language.
GOP's will be developed to address the following matters:
Project priorities
Funding allocations
Potential funding sources
Land use patterns
Multi-modal approaches
Parking provisions
Roadway safety
Level of service
Typical sections for City streets
Amenities for transportation users
Neighborhood planning
Traffic calming
Street aesthetics
A draft version of the Transportation Element as modified to incorporate TCEA
goals, objectives, and policies will be submitted to City of Boynton Beach CRA
staff prior to transmittal to Palm Beach County or DCA.
Task 6 - TCEA Transmittal Package
The finalized traffic analyses, mitigation strategy plan, and updated
Transportation Element will be compiled for transmittal to DCA. KHA will
attend Transmittal Hearings for the City and County as needed to transmit the
TCEA package to DCA.
Up to fifteen (15) copies of the transmittal document will be prepared for
submittal to DCA.
Kimley-Horn
and Associates, Inc.
Mr. Dale Sugerman, November 24, 2003, Page 6 of 8
Task 7 - ORC Response Package
After transmittal to DCA, a 60-day review window begins for DCA to review the
transmittal document, coordinate input from other agencies and offer its
Objections, Recommendations, and Comments (ORC) report related to the
traffic analyses and Transportation Element updates. KHA will review the ORC
report prepared by DCA and prepare a written ORC response. Significant
changes in TCEA methodology or previously agreed upon goals, objectives, and
policies of the Transportation Element will be discussed with CRA, City and
County staff prior to ORC response. Due to the uncertain nature of the extent of
DCA's ORC comments, the magnitude of effort to appropriately address them is
unknown.
We will prepare for and attend Palm Beach County's final adoption hearing to
formally approve the TCEA within the designated CRA area.
TASKS NOT INCLUDED
There are additional efforts that may be needed to be pursued by the City but
have not been included in the core scope for development and adoption of the
TCEA and RAC. These efforts include:
· Regional Activity Center (RAC) Application
· Vacant land inventory
· GIS data compilation
· Additional traffic analysis or modeling
· Attendance at additional meetings beyond those identified above
· Additional meetings with DCA
· Traffic/system inventory data not made available by the City, County, or
FDOT
· Update of Future Land Use Map (FLUM)
o Comprehensive Plan Impacts to Elements other than the
Transportation Element
o Consistency of FLUM with CRA Redevelopment Plan
· Other Additional Services not described herein
SCHEDULE
We will provide our services as expeditiously as practical to meet a mutually
agreed upon schedule. It is our understanding that the City of Boynton Beach
has already filed their TCEA application for Palm Beach County' s Round 1
schedule for 2004 for comprehensive plan amendment related to the TCEA.
Kimley-Horn
and Associates, Inc.
Mr. Dale Sugerman, November 24, 2003, Page 7 of 8
FEE
We will perform the services outlined in Tasks 1 through 4 for a lump sum fee of
$56,000 as follows:
Task 1 - TCEA Definition and Justification
Task 2- TCEA Analysis $6,000
Task 3- Agency Meetings and Coordination $25,000
Task 4- TCEA Mitigation Strategies $7,000
$18,000
Based on the preliminary nature of the requirements of the TCEA Application
the following fee estimates are offered for the remaining tasks to be performed
on an hourly rate basis:
Task 5 - TCEA Comprehensive Plan Amendments
Task 6 - TCEA Transmittal Package $18,000
Task 7 - ORC Response Package $10,000
$20,000
All permitting, application, and similar project fees will be paid directly by the
Client.
Kirnley-Horn
and Associates, Inc.
Mr. Dale Sugerman, November 24, 2003, Page 8 of 8
CLOSURE
In addition to the matters set forth herein, our agreement shall include and be
subject to, and only to, the terms and conditions of the Continuing Consulting
Services Agreement. The term the Consultant shall refer to Kimley-Horn and
Associates, Inc. and the term "the Client" shall refer to: City of Boynton Beach.
If you concur in all the foregoing and wish to direct us to proceed with the
services, please have authorized persons execute both copies of this Agreement
in the spaces provided below, retain one copy, and return the other to us for our
files. Fees and times stated in this Agreement are valid for sixty (60) days after
the date of this letter.
Kimley-Horn appreciates the opportunity to serve the City of Boynton Beach.
Please contact Jason Matson or Fred Schwartz if you have any questions.
Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.
Associate
FWS:jbm
B~an~. Rip~~
Regional Business Manager
The Cit~ ..~~n Beach
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