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99-23318 RESO RESOLUTION NO. 99-23318 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A THIRD AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY AND CARR SMITH CORRADINO, IN AN AMOUNT NOT TO EXCEED $35,000; SAID AMENDMENT TO DEVELOP A PLAN FOR THE IMPLEMENTATION OF TRANSPORTATION CONCURRENCY MANAGEMENT AREAS (TCMAs) IN MIAMI BEACH, AS RECOMMENDED BY THE MUNICIPAL MOBILITY PLAN; AND FURTHER APPROPRIATING $35,000 FOR THE PURPOSE FROM TRAFFIC MITIGATION PLAN FUNDS ALREADY DEPOSITED WITH THE CITY. WHEREAS, on April 16, 1997, the Mayor and City Commission approved Resolution No. 97 -22354, authorizing the Mayor and City Clerk to execute an Agreement between the City of Miami Beach and Carr Smith Corradino, for the development of a Municipal Mobility Plan (MMP) for Miami Beach, in the amount of $150,000; and WHEREAS, on November 18, 1998, Resolution No. 98-22963 authorized a First Amendment to the contract, in the amount of $9,800, to compensate the contractor for the performance of additional services, above and beyond the contracted services, as requested by the City; and WHEREAS, on April 14, 1999, Resolution No. 99-23121 authorized a Second Amendment to the contract, in the amount of $62,000, for the development of an Implementation Plan for the MMP; and WHEREAS, the MMP recommends, among other items, the implementation of Transportation Concurrency Management Areas (TCMAs) in Miami Beach; and a comprehensive TCMA Implementation Plan needs to be developed. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission herein approve and authorize the Mayor and City Clerk to execute the attached Third Amendment to a Professional Services Agreement between the City and Carr Smith Corradino, in an amount not to exceed $35,000; said Amendment to develop a plan for the implementation of Transportation Concurrency Management Areas (TCMAs) in Miami Beach, as recommended by the Municipal Mobility Plan; and further appropriate $35,000 for the purpose from traffic mitigation funds already deposited with the City. PASSED AND APPROVED this the 22nd day of APPROVED AS TO FORM & LANGUAG~ & fOR EXECUTION A YOR September mn , 1999. f?. 7/'11 OciM aJ CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.fl.us COMMISSION MEMORANDUM NO. ~ 82 -q9 TO: Mayor Neisen O. Kasdin and Members of the City Commissio DATE: September 22,1999 FROM: Sergio Rodriguez City Manager I, SUBJECT: A RESOLUTIO OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A THIRD AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY AND CARR SMITH CORRADINO, IN AN AMOUNT NOT TO EXCEED $35,000; SAID AMENDMENT TO DEVELOP A PLAN FOR THE IMPLEMENTATION OF TRANSPORTATION CONCURRENCY MANAGEMENT AREAS (TCMAs) IN MIAMI BEACH, AS RECOMMENDED BY THE MUNICIPAL MOBILITY PLAN; AND FURTHER APPROPRIATING $35,000 FOR THE PURPOSE FROM TRAFFIC MITIGATION FUNDS ALREADY DEPOSITED WITH THE CITY. ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND The firm of Carr Smith Corradino has been under contract with the City since April 1997, to develop the first citywide transportation plan for Miami Beach, known as the Municipal Mobility Plan (MMP). The basic plan and its Vision for Transportation were approved by Resolution No. 98- 22963, dated November, 1998, which also directed the Administration to develop an implementation plan for the MMP. Such Implementation Plan/Program oflnterrelated Projects is essentially complete and will be presented to the City Commission at a workshop scheduled for September 24, 1999, and submitted for formal consideration as part of the October 6, 1999, Agenda. Chapter 5 of the MMP Implementation Plan addresses the issues of transportation concurrency, congestion reduction and management of traffic, and describes options available to local governments to deal with these issues, without compromising sound economic development/ redevelopment opportunities within urban, high density communities such as Miami Beach. One of such options, is the creation of Transportation Concurrency Management Areas (TCMAs) that support the provision of more efficient mobility alternatives, including public transit. In order to develop a TCMA Implementation Plan, the Administration recommends that the contract with Carr Smith Corradino, the MMP consultants, be amended. AGENDA ITEM c..l L DATE~ 94 ANALYSIS The proposed TCMA Implementation Plan would develop the concept of establishing Transportation Concurrency Management Areas (TCMAs) in the South, Middle, and North Beach areas of the City. Five (5) tasks are outlined in the proposed Scope of Services (herein attached as Exhibit A-2 of the proposed Third Amendment to Contract) and relate to the creation of three (3) TCMAs which are consistent with the provisions of Chapter 163, Florida Statutes and Rule Chapter 9J-5.055(5), Florida Administrative Code. I.' The establishment of TCMAs provide the City with an alternative transportation concurrency approach when promoting infill development or redevelopment within selected portions of the urban area which support the provision of more efficient mobility alternatives, in coordination with the high standard of planning established by the City. In seeking to promote a coordinated approach to land use and transportation development, the TCMAs may employ the use of an areawide level of service standard and an accommodation and management of traffic congestion, as established in the Municipal Mobility Plan and through its adopted policies and strategies. The establishment of TCMAs in Miami Beach would require the amendment of the City's Comprehensive Plan through the submittal of a plan amendment to the Florida Department of Community Affairs (DCA). The City intends to submit the MMP-related Comprehensive Plan amendment proposals to DCA in January 2000. If a TCMA proposal is to be included with this amendment packet, the subject TCMA Implementation Plan needs to be developed as soon as possible. The Scope of Services for the TCMA Implementation Plan includes five (5) tasks which are briefly described as follows: Task 1. Development of Objectives and Policies related to the submittal of the TCMA amendment, based on the defined boundaries and issues as established in the MMP, through close coordination with the City. Task 2. On-going coordination of efforts with the Florida Department of Transportation (FDOT), the Miami-Dade Metropolitan Planning Organization (MPO), and the . Florida Department of Community Affairs (DCA) necessary for the establishment of TCMAs in Miami Beach. Task 3. Development of areawide level of service standards. Task 4. Development of data and analysis necessary for submittal of a TCMA amendment to the City's Comprehensive Plan. Task 5. Assistance in the resolution of issues identified in DCA's Objections, Recommendation and Comments Report which is issued subsequent to DCA's review of the proposed plan amendment. 95 Proposed Study Timeline. Cost and Funding Source: The consultants propose to complete the basic TCMA Implementation Plan within 90 days of a notice to proceed, with additional duties being performed within 404 total contract days, to fulfill all requirements of the DCNComprehensive Plan amendment process. The study cost will not exceed $35,000, which is proposed to be funded by traffic mitigation plan funds already deposited with the City. The MMP Contract History: The original MMP contract with Carr Smith Corradino was approved by Resolution No. 97;22354, dated April 16, 1997. The basic MMP and its Vision for Transportation were funded at $150,000 as follows: $78,500 by a Metropolitan Planning Organization (MPO) grant, $36,500 by the Parking Enterprise Fund, and $35,000 by the Miami Beach Redevelopment Agency. o On November 18, 1998, Resolution No. 98-22963 authorized a First Amendment to the contract, in the amount of $9,800, to compensate the consultant for additional professional services performed, above and beyond the scope of work of the original contract. The amendment was funded by the Professional Services Account ofthe Economic Development budget. o On April 14, 1999, Resolution No. 99-23121 authorized a Second Amendment to the contract, in the amount of $62,000, to develop an Implementation Plan/Program of Interrelated Projects for the MMP. The amendment was funded at $50,000 by an MPO grant, and at $12,000 by the Parking Enterprise Fund; and o A Third Amendment, in the amount of$35,000 to be funded with traffic mitigation funds, is herein proposed. CONCLUSION With this proposed amendment to the Carr Smith Corradino contract, one of the major MMP recommendations - the implementation ofTCMAs -would have its own implementation plan. The creation of TCMAs would provide the City with alternative and effective ways of handling, at the same time, the issues of concurrency, mobility, and infill development/redevelopment within selected portions ofthe urban area, while abiding by the high standard of planning established by the City. Therefore, the Administration recommends approval ofthe Resolution. ~~S/~f'- (mmpamd3)aj 96 THIRD AMENDMENT TO AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND CARR SMITH CORRADINO TO DEVELOP A TRANSPORTATION CONCURRENCY MANAGEMENT AREA IMPLEMENTATION PLAN AS RECOMMENDED BY THE MUNICIPAL MOBILITY PLAN THIS THIRD AMENDMENT to Agreement dated April 16, 1997, is made this -"1 \ ,AID . ~ day of _~tf{JkbHlLL", 1999, by and between the CITY OF MIAMI BEACH, FLORIDA (City), which term shall include its officials, successors, legal representatives, and assigns, and CARR SMITH CORRADINO (Consultant). NOW, THEREFORE, in consideration of mutual covenants and mutual promises hereafter exchanged and other good and valuable consideration, the receipt of which is hereby acknowledged, the City and Consultant agree as follows: 1. SECTION 2 of the Agreement, entitled "Scope of Work and Services Required," and Exhibit A thereto, are herein amended to incorporate the proposal attached to this Third Amendment as Exhibit A-2, to provide the following: a) Develop objectives and policies related to Transportation Concurrency Management amendment; and submittal of a Area (TCMA) b) Provide on-going coordination of efforts with agencies involved in the TCMA regulatory process, such as the Florida Department of Transportation (FDOT), the Metropolitan Planning Organization (MPO), and the Florida Department of Community Affairs (DCA); and c) Develop areawide level of service standards; and d) Develop data and analysis necessary for submittal of a TCMA amendment to the City's Comprehensive Plan; and e) Provide assistance in the resolution of issues identified in DCA's Objections, Recommendation and Comments Report. 2. SECTION 3.1 of the Agreement, entitled "Fixed Fee," is herein amended to read as follows: Consultant shall be compensated for the Services performed herein on a fixed fee basis of Thirty Five Thousand and 00/100 Dollars ($35,000), for providing the services as set forth in Exhibit" A-2" hereto. 3. SECTION 4.4 of the Agreement, entitled "Duration and Extent of Agreement," is herein amended to read as follows: The term of this Agreement shall be for a period of approximately 404 days from the date of execution of this Agreement. 4. Except as modified herein, all other terms and conditions of the Agreement are hereby ratified and confirmed. IN WITNESS WHEREOF, the parties hereto have caused this Third Amendment to the Agreement to be executed by their appropriate officials, as of the date first entered above. FOR CITY: ATTEST: CITY OF MIAMI BEACH, FLORIDA By: md}POA~ By: ~j1 City Clerk Mayor By: CARR SMITH CORRADINO BY~ President z>c-eCi.A'tk (/ Ie..(. I Corporate Seal (mmpamd#3IAJ APPROVED PS TO FORA.\ & LANGUAGE & FOR EXECUTION 1IIc~: /,~~/~ Sep-10-99 08:27am From-abc T-546 P 02/07 F-786 EXH/Bl r A-J... MIAMI BEACH TCMA PROJECT DRAFT PROPOSAL This scope of services is to assist the Municipal Mobility Plan Implementation Project through the establishment of Transportation Concurrency Management Areas (TCMAs) within the City of Miami Beach at North Beach, Middle Beach and South Beach. 6 tasks are outlined and relate to the creation of 3 TCMAs within the City consistent with the provisions of Chapter 163, Florida Statutes and Rule Chapter 9J-5.055(5), Florida Administrative Code. The establishment of TCMAs within the City of Miami Beach will provide the City with an optional alternative transportation concurrency approach for the purpose of promoting infill development or redevelopment within selected portions of urban areas which support the provision of more efficient mobility alternatives, in coordination with the high standard of planning established by the City. In seeking to promote a coordinated approach to land use and transportation development, the TCMAs may employ the use of an areawide level of service standard and an accommodation and management of traffic congestion as estoblished in the Municipal Mobility Plan. The establishment of TCMAs within the City of Miami Beach will require the amendment of the City of Miami Beach's Comprehensive Plan through the submittal of a plan amendment to the Florida Deportment of Community Affairs. This optional transportation concurrency management approoch would be incorporated and implemented in the City's Concurrency Management System. The first tosk involves defining the TCMAs boundaries and issues as established in the Municipal Mobility Plan through close coordination with the City. Task 2 addresses ongoing coordination efforts with the Florida Department of Transportation (FDOT), Miami-Dade Metropolitan Planning Organization (MPO) and Florida Department of Community Affairs (FDCA) necessary for the establishment of TCMAs within the City. The development of areawide level of service standards is detailed in Task 3. Task 4 relates to the development of data and analysis necessary for submittal of a TCMA omendment to the City's comprehensive plan. Task 5 addresses the inclusion of required obiectives and policies related to the submittal of the TCMA amendment. Finally, Task 6 addresses assistance in the resolution of issues identified in the FDCA ORC Report which is issued subsequent to their review of the proposed pion amendment. l:\2468\TCMAWiomi Beach TCMA-proposol.doc 09/10/99 Sep-10-99 08:27am From-abc T-546 P 03/07 F-786 TASK 1: OBJE;CTIVES AND POLICIES 1.1 Corradino will ensure the presence of objectives/policies within the City's comprehensive plan which address the following requirements of Rule 9J-5.0055(5)(c), F.A.C.: Ensure the presence of objectives and policies which specify actions and programs which promote infill development and redevelopment through discussions with City identifying existing and proposed programs related to redevelopment. 1.2 Corradino will meet with staff to define objectives and policies. 1.3 Corradino will recommend the addition/revision of objectives and policies for inclusion in the City's comprehensive plan. TASK 2: DEFINE TCMA BOUNDARIES 2.1 Corradino will work with City staff to define boundaries of proposed TCMAs. 2.2 Corradino will ensure proposed TCMAs boundaries are consistent with intent of Rule 9J-5.0055(5), F.A.C., as well as the Municipol Mobility Plan and Municipal Mobility Plan Implementation Study. 2.3 Corradino will generate maps depicting boundaries of proposed TCMAs. TASK 3: COOROINATION 3.1 Corradino will meet with District, MPO and Regional Planning Council staff to discuss proposed TCiVlAs. 3.3 Corradino will coordinate with the City's comprehensive planning consultant and concurrency management system legol consultant. 3.2 Corradino will work closely with the Florida Department of Community Affairs prior to the City's submittal of the proposed comprehensive plan amendment to the State. 'IlL c.~ TASK 4: AREA-WIDE LEVEL O~TANDARDS 4.1 Corradino will work closely with the City to establish proposed areawide LOS standards for the TCMAs. 4.2 Corradino will review the existing LOS standards contoined within the City's comprehensive plan. 4.3 Corradino will examine collector and arterial roadway classifications and recommend reclossification. Corradino will work with the City to define collector roadways. J:\2468\ TCMA\Mlaml Beach TCMA.proposoi doc 09/10/99 Sep-10-99 08:28am From-abc T-546 P 04/07 F-786 4.4 Corradino will develop moximum service volumes in concert with hurricane evacuation clearance times and consistent with Rule 9J-5.0055(5)(b), F.A.C. through use of transportation planning software such as ART-Tab or ART-Plan or use of generalized tables. TASK 5: DATA AND ANALYSIS REQUIREMENTS 5.1 Corradino will review existing documents including the Municipal Mobility Plan, Municipal Mobility Plan Implementation Study, Miami Beach Comprehensive Plan, Miami-Dade Transportation Improvement Program, Miami-Dade Long Range Transportation Plan and other documents to identify proposed transportation projects impacting the proposed TCMAs. 5.2 Corradino will generate data and analysis for inclusion within the City's comprehensive plan amendment consistent with the requirements of Rule 9J-5.0055(5)(o), F.A.C. that requires the local government to: a. Demonstrate that the transportation concurrency management areas, as designated, are compatible with and further the various portions and elements of the local comprehensive plan. b. Provide a justification of the size and boundaries of each transportation concurrency management area for consistency with the purpose of Rule 9J- 5.055, PAC. c. Demonstrate that transportation concurrency management areas as designated contain an integrated and connected network of roads and provide multiple, viable alternative travel paths or modes for common trips. d. Demonstrate the basis for establishing the areawide level of service standards and determine existing and projected transportation service and facility requirements that will support the established areawide level of service standard. e. Demonstrate that the established areawide level of service and other transportation services and programs will support infill development or redevelopment. f. Demonstrate that the planned roadway improvements and other services and programs, such as, transportation system management (TSM), traffic management ordinances (TMOs) and/or transportation demand management (TOM) strategies and incentives to use public transit (such as parking policies and provision of intermodal transfers), will accomplish mobility within and through each concurrency monagemenT area. J'\2468\TCMA\M,ornl Be-oeh TCMA.proposol doc 09/10/99 Sep-l0-99 08:28am From-abc T-546 P 05/07 F-786 TASK 6: RESOLUTION OF ORC REPORT ISSUES 6.1 Corradino will work with the City to resolve issues related to the Citl s receipt of the Objections, Recommendation and Comments Report from the Department of Community Affairs subsequent to the submittal of the proposed comprehensive pion amendment. TASK 7: CONTINGENCY 7.1 An additional 15% of contract amount will be a contingency to be used for additional services as requested by the DCA or City os approved by the City. This includes but is not limited to producing additionally requested transportation modeling, additional community meetings to garner support and working through any unforeseen challenges or hearings that are always possible prior to the DCAs Final Order. n2468\TCMA\M,ami 8each TCMA-propo:;ol.doc 09/10/99 Ssp-10-SS 08:28am From-abc T-546 P 06/07 F-786 TIME FRAME Corradino will begin work immediately upon Notice to Proceed from the City of Miami Beach. Submission to DCA will be done at the first opportunity in 2000. After submission to DCA the administrative time frames go into effect. Response times can be no longer that allocated. Dependent on challenges and administrative hearings the finol order time frame has been approximated. The proposed TCMA amendment will be discussed at the November 1999 Planning Boord Meeting The proposed TCMA amendment will be discussed at the December , 999 City Council Meeting The proposed TCMA amendment will be submitted to the DCA in January 2000. Within 5 working days of receipt of 0 "complete amendment" (for which local government has requested DCA review) copies of amendment are transmitted to review agencies. Review agencies are required to provide 0 written response to the DCA within 30 calendar days from receipt of DCA's request for comments. Within 30 calendar days after the deadline for receipt of written responses from the appropriate reviewing agencies, the Deportment sholl send its obiections, recommendation and comments (ORC) report to the local government. Upon receipt of the ORC report, the local government has 120 calendar days to adopt, adopt with changes, or not adopt the proposed amendment. Deliverable Due Days per Total Date Task Days Notice to Proceed 9/22/99 0 Submission to MB Planninq Board 11/22/99 60 60 Submission to MB City Commission 12/22/99 30 90 Submission to DCA 1/15/00 23 113 DCA "ORC" Report Issued 3/20/00 35 148 MB Adoption 8120/00 120 268 Submission to DCA 9/01/00 10 278 DCA Notice of Intent 11/15/00 45 323 Chollenqes / Heorin~s 12/07/00 21 344 DCA Final Order 2/07/01 60 404 n2468\TCMA\M,of"t'\, 8eo~h TCMA.prOposol doc 09/10/99 Sep-l0-99 08:28am From-abc T-546 P 07/07 F-786 -./'" ..-'" ,. Comprehensive Plan Amendme,nt Process Section 163.3184. Florida Statutes. ~ If IIIncomplete" Loonl govemment flnd D9snci9& I ... notified 6ubmittalls "incomplete." (Wi/M" nvo (s;> wo'ki'1'lQ dot" oJ ICcolp tJ I..ocaI gcMlIMlBI1t trans~ plan amencIment and fiUJlPCt\ docunents 1l:l DCA. RPC. WMO, DOT.ood DEP. t Jj "Complete" Local government and agencies r notified 5ubmittlll is "complete." (Within ~ (SJ wo,/rjrig days 01 ,eC8iprJ - ~ ~ , loCill governmont DOES NOT OEP, DOT, WMD. RPCJAffeC1ed perllonllocal )CA ncrtifies locallilovernmen ~ REQUEST REVIEW of aU or part -. reoommendation to review, ~ government requests review ~ of preliminary review decision of the nmendment packAge. (Wi/hin 21 d~ oJ /tlll13mittN) . f'N1thJ1l SO rle,ys o( ~mItJsI) (Wi,",,, SO d'ifl o( INlomlrlaJ) I ... ..... Local government REQUESTS REVIEVI DCA deoldes TO REVIEW DCAdecide.s NOTTO REVIEW .. of al/ Dr part of the amendmant packaso all or part of the amendment aU orpart at the llmar.dmem package. ~ .. ~ y If revIew required, Objections, Local ~tadopl:l plan Recommendatlon, and Comments (ORC) amendment asSlbmil:tnd. Report review initiated: rsql.le:st for review AgBncy commentfllo DCA DCA LssuGS ORC Report Clommenls sent by DCA'to ther agsnoles (WItNn 30 ~ Pitat fQceipl of DCA' I- (\Whln SO dlJJl8 aIlel MIll ao d<<y (ODS. FGFWFC, FDACS and oounty) req~4t (or lXlmmenft;) dosdliTle 101 "gency oommoflflfJ lWiUIhI fIw ~ "'orAng dllJ'll 01 d.,llmlinsliOll'o I8villwJ local government adopto plan ~ 8mendmentB with effeotiv8 date {With'" ISO .~ "Ito, 1OC8~t 01 ORC or wI/hln 120 dll~ 10' IlII EAlt-b1l8ld ."'Dl'ldmentJ .". Submits three (3) ooples of adopted ~ plen amendment to COAj one (t) copy -.. DCA ia3ue~ Notioe of Intent (NOI) to appr.cable external aaenc:ies .. DCA no longer (Wilhi" 1 0 WOIkintJ d.y3 alfel ltJopIJonJ. (WIIII/n 4S cbY' 01 tlloe)pllll " CfJmpl.tf! IId~odp$n&m.ndm&nu.. performs compJj- I "N"t in Compliance" anoe determination "In Compliance" reviews on adapted T ... small scale amend- Affec:t8d Party has 21 days DCAreque:>'ts ~I DOAH ments. to challenge ... 04- (l:J1v;.JQJI 01 A rJmln/.tWJ,"'" H9lInng. However, local De/Urln>enr o( MIJIl~lImOflI S~rvJu governments ara still n challenged. or required to submit , found 001 in ..... one copy of th~ adopted small CCBle If challenged, ~dministrative compliance, Administrative Proceeding amendment to DCA proceeding pursuant 10 neaoti;ltlon may puralJant to and the RPC. s. 120.57, F.S. lead 10 11 settlement s. 120.57, F.S. .. .... OCA Ot Admlnllrtra1ion agreement and Administration ** NOI will be pub- Comml&slon Final Order remed[;l! plan Commieaion Final Order lished 80 days after .... amondment receipt 0/ c:ompli, .. anee aafl~em6nt Effl)ct1vo Cato pursuant to amendment 6.163.3 184(1 6),F.S. Effective Date June 1997 Questions. call ~ay Eubanksl Bureau of State Planning ar 488-4925.