HomeMy WebLinkAboutDocumentation_Regular_Tab 09_2/13/2025 Agenda Item #9.
Regular Council
STAFF MEMO
Meeting: Regular Council - Feb 13 2025
Staff Contact: Jay Hubsch Department: Community Development
IMMF
Consider Approval of an Agreement for Mobility Plan Consulting Services from Kittelson &
Associates, Inc for the Amount of$50,098.00.
This document and any attachments may be reproduced upon request in an alternative format by
completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-
768-0443.
BUDGET AMOUNT n/a AMOUNT AVAILABLE n/a EXPENDITURE AMOUNT: n/a
FUNDING SOURCES: n/a IS THIS A PIGGYBACK:
❑ Yes ❑ N/A
DID YOU OBTAIN 3 QUOTES?
❑ Yes ❑ N/A
COMMENTS/EXPLANATION ON SELECTIONn/a
Mobility Plan Agreement-Memo
Tequesta Mobility Plan Agreement-Final Executed
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Agenda Item #9.
V *111age of T
345 Tequesta Drive 561-768-0700
Tequesta, FL 33469 www.tequesta.org
To: Jeremy Allen, Village Manager
From: Jay Hubsch, Community Development Director
Subject: Kittleson &Associates Mobility Plan
Date: January 23, 2025
At the December 121 2024, Village Council Meeting, the Council approved by vote of 5-0, the
Scope of Services for a Mobility Plan to be conducted by Kittleson & Associates. The Mobility
Plan will be funded in partnership with the Palm Beach County Transportation Planning Agency
("the TPA"). The TPA will be funding $50,000 through a grant program and the Village of
Tequesta will be funding $50,098. Kittelson & Associates has an existing contractual
relationship with the TPA and are well versed in transportation planning in Palm Beach County.
Creating a "High Level Transportation Plan with Mobility Planning" is Operational Excellence
goal number one in the 2024-2025 Village of Tequesta Strategic Plan. The Village Council
elected to provide $75,000 of funding for a Mobility Plan in Fiscal Year 2024-2025. With a cost
of approximately $50,000 for the Mobility Plan, the Village may be able to utilize the remaining
$25,000 for the creation of a mobility fee later in Fiscal Year 2024-2025. The amount of$50,098
is below the threshold for the Village Manager to obtain Village Council approval for a contract.
I recommend signing the attached contract and bringing it forward to the February 13t" Council
meeting on the consent agenda. This will enable the consultants to start their work right away.
This document may be reproduced upon request in an alternative format by contacting the Village
Clerk's Office at 561-768-0440 or by completing our accessibility form: https://bit.ly/3mnfeU4
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Aqe!ida Item #9.
D'Ucusign Envelope ID:ECE444DA-AC81-48A9-921C-B5F842E59ED4
VILLAGE OF TEQUESTA
AGREEMENT FOR MOBILITY PLAN CONSULTING SERVICES
THIS AGREEMENT FOR MOBILITY PLAN CONSULTING SERVICES
("Agreement") is entered into and effective this day of 2025 by
and between the VILLAGE OF TEQUESTA, a Florida municipal corporation with offices
located at 345 Tequesta Drive, Tequesta, Florida 33469-0273, organized and existing in
accordance with the laws of the State of Florida, hereinafter"the Village" and KITTELSON &
ASSOCIATES, INC. a foreign profit corporation, with a principal office located at 225 E.
Robinson Street, Suite 355, Orlando, Florida, 32801, hereinafter "the Contractor", and
col-l-e-c-Tively with7the V-tll- el"the-Parties".
WITNESSETH
The Village and the Contractor, in consideration of the mutual covenants contained herein
and for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged by both Parties, hereby agree as follows:
1. SCOPE OF SERVICES: The Parties hereby agree to enter into this Agreement
whereby the Contractor shall provide Mobility Plan Consulting Services for the Village. The
Parties agree to enter into this Agreement and piggyback for Mobility Plan Consulting Services at
the hourly rates described in the Continuing Professional Services Contract No. 2346KAI contract
awarded by the City of Daytona Beach in response to Request for Proposal ("RFP") #2346RSQ
and dated December 21, 2023 (the"Contract"). Said Contract and bid package, including its terms,
conditions,specifications,and attached exhibits,are hereby fully incorporated into this Agreement
and attached hereto as Exhibit "A". The Village has the legal authorization to piggyback onto a
contracting agreement procured in accordance with Section 287.057, Florida Statute,when seeking
to Utilize the same of similar services provided in the City of Daytona Beach Contract. Contractor
will provide services outlined in Contractor's December 2, 2024 Task Work Order#00 1, which is
hereby fully incorporated into this Agreement and attached hereto as Exhibit"B".
2. COMPENSATION: In consideration for the above Scope of Services, pricing
shall be pursuant to the hourly rates provided in the "Rate Schedule" provided in Exhibit B. In
consideration for the above Scope of Services, the Village shall pay the Contractor a total arnOUnt
not to exceed Fifty Thousand Ninety-Eight Dollars ($50,098.00).
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Agenda- Item #9.9[Mcusin Envelope ID:ECE444DA-AC81-48A9-921C-B5F842E59ED4
3. TERM; -TERMINATION; NOTICE: Pursuant to the Continuing Professional
Set-vices Contract No. 2346KAL the contract will expire on December 21, 2026 with the option of
renewing for two (2) one-year renewal options for a total of five (5) years, subject to the written
consent and agreement by the Parties. This Agreement may be terminated by either party upon
sixty (60)days written notice to the other party.Notice shall be considered sufficient when sent by
certified mail or hand-delivered to the Parties during regular business hours at the following
addresses:
Village Contractor
itlageot—i eque--sta------ Kittelson-&Assoc-iates,_Inc.___
345 Tequesta Drive 225 E. Robinson Street, Suite 355,
Tequesta, FL 33469-0273 Orlando, Florida, 32801
Attn: Jay Hubsch,AICP Attn: John Paul (JP) Weesner, Principal
Community Development Director
4. INSURANCE: The Contractor shall provide proof of workman's compensation
insurance and liability insurance in such amounts as are specified in Exhibit "A" and shall name
the Village as an "additional insured" on the liability portion of the insurance policy.
5. INDEMNIFICATION: The Contractor shall at all times indemnify and hold
harmless the Village, its officers and employees, from liabilities, damages, losses, and costs,
including but not limited to, reasonable attorneys' fees, to the extent caused by the negligent act,
recklessness, or intentional wrongful conduct, of the Contractor and other persons employed or
utilized by the Contractor in the performance of services under this Agreement.Nothing contained
in this provision shall be construed or interpreted as consent by the Village to be sued, nor as a
waiver of sovereign *Immunity beyond the waiver provided in Section 768.28, Florida Statutes.
6. PUBLIC ENTITIES CRIMES ACT: As provided in Sections 287.132-133,
Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof,
the Contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will
perforin hereunder, have not been placed on the convicted vendor list maintained by the State of
Florida Department of Management Services within thirty-six(36) months immediately preceding
the date hereof. This notice is required by Section 287.133(3)(a),Florida Statutes.
7. INDEPENDENT CONTRACTOR: It is specifically understood that the
Contractor is an independent contractor and not an employee of the Village. Both the Village and
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Agenda Item #9.
Mcusign Envelope ID:ECE444DA-AC81-48A9-921C-B5F842E59ED4
the Contractor agree that this Agreement is not a contract for employment and that no relationship
of employee-employer or principal-agent is or shall be created hereby, nor shall hereafter exist by
reason of the performance of the services herein provided.
S. INSPECTOR GENERAL: Pursuant to Sections 2-421-2-432 of the Palm Beach
County Code of Ordinances, the Off-tee of the Inspector General has jurisdiction to investigate
municipal matters, review and audit municipal contracts, and other transactions, and make reports
and recommendations to Municipal governing bodies based on Such audits, reviews, or
investigations. All parties doing business with the Village shall fully cooperate with the inspector
general in the exercise of the inspector general's functions, authority, and power. The inspector
general has the power to take sworn statements., require the production of records, and to atidit,
monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists
of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement,
misconduct, and abuses.
9. E-VERIFY ELIGIBILITY: The Contractor warrants and represents that it is in
compliance with Section 448.095, Florid(i Statutes, as may be amended. No later than January 1,
20211 the Contractor shall: (1) register with and use the E-Verify System (E-Verify.gov) to
electronically verify the employment eligibility of all newly hired workers, and (2) verify that all
of the Contractor's SLibcolISLIltants performing the duties and obligations of this Agreement are
registered with and use the E-Verify System to electronically verify the employment eligibility of
all newly hired workers. The Contractor shall obtain frorn each Of its Sub-consultants an affidavit
stating that the SLib-conSLIltant does not employ,contract with,or subcontract with an Unauthorized
Alien,as that term is defined in Section 448.095(1)(k), Floricki Statittes,as may be amended. The
Conti-actor shall maintain a copy of any such affidavit fi-orn a sub-consultant for, at a minimum,
the duration of the subcontract and any extension thereof. This provision shall not supersede any
provision of this Agreement which requires a longer retention period. The Village shall terminate
this Agreement if it has a good faith belief that the Contractor has knowingly violated Section
448.09(l), Floridci Statittes, as may be amended. If the Contractor has a good faith belief that the
Contractor's SUbconSLIltant has knowingly violated Section 448.09(l), Flori(Ict Statittes, as may be
amended, the Village shall notify the Contractor to terminate its contract with the SUb-conSUltant
and the Contractor shall immediately terminate its contract with the sLib-consultant. In the event
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AmendI0
cusigh t2peTD:Fd 9E444DA-AC81-48A9-921 C-B5F842E59ED4
Of Such contract termination, the Contractor shall be liable for any additional costs incurred by the
Village as a result of the termination.
10. SCRUTINIZED COMPANIES: For Contracts under $1 M5 the Contractor
certifies that it is not on the Scrutinized Companies that Boycott Israel List created Pursuant to
Section 215.4725, Florida Statutes and that it is not engaged in a boycott of Israel. The Village
may terminate this Agreement at the Village's option if the Contractor is found to have submitted
a false certification as provided under Section 287.135(5), Florida Statutes, if the Contractor has
been placed on the Scrutinized Companies that Boycott Israel List created pursuant to Section
215-4725, Florida Statutes, or if Contractor is engaged in a boycott of Israel. For Contracts over
$1 M1, the Contractor certifies that it is not on the Scrutinized Companies with Activities in Sudan
List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the
Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida
Statutes. The Contractor further certifies that it is not engaged in a boycott of Israel and that it does
not have business operations in Cuba or Syria, as similarly provided in Section 287.135, Florida
Statutes. The Village may terminate this Agreement at the Village's option if the Contractor is
found to have submitted a false certification as provided Linder Section 287.135(5), Florida
Statutes or if the Contractor has been placed on one of the aforementioned lists created pursuant
to Section 215.4725, Florida Statutes. Additionally, the Village may terminate this Agreement at
the Village's option if the Contractor is engaged in a boycott of Israel or has been engaged in
business operations in Cuba or Syria, as defined in Section 287.135,Florida Statutes.
11. ATTORNEY'S FEES: In the event, a dispute arises concerning this Agreement,
the prevailing party shall be awarded attorney's fees, including fees on appeal.
12. FORCE MAJEURE: The Contractor shall not be considered in default by reason
of any failure in performance under this Agreement if such failure arises Out of causes reasonably
beyond the control of the Contractor or its subcontractors and without their fault or negligence.
Such causes include, but are not limited to: acts of God; acts of war; natural or public health
emergencies; labor disputes; freight embargoes; and abnormally severe and unusual weather
cond itions.
13. CHOICE OF LAW; VENUE: This Agreement shall be governed and construed
in accordance with the laws of the State of Florida, and venue shall be in Palm Beach County
should any dispute arise with regard to this Agreement.
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Agenda Item #9.
Mcusign Envelope ID:ECE444DA-AC81-48A9-921C-B5F842E59ED4
14. 'AMENDMENTS & ASSIGNMENTS: This Agreement, all Exhibits attached
hereto, and required insurance certificates constitute the entire Agreement between both parties;
no modifications shall be made to this Agreement unless in writing, agreed to by both parties, and
attached hereto as an addendum to this Agreement. The Contractor shall not transfer or assign the
provision of services called for in this Agreement withOLIt prior written consent of the Village.
15. PUBLIC RECORDS: In accordance with Section 119.070 1,Florida Statutes,the
Contractor Must keep and maintain this Agreement and any other records associated therewith and
that are associated with the performance of the work described in the Scope of Services. Upon
request from the Village's custodian Of public records, the Contractor must provide the Village
with copies of requested records, or allow such records to be inspected or copied, within a
reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes.
A Contractor who fails to provide the public records to the Village, or fails to make them available
for inspection or copying, within a reasonable time may be subject to attorney's fees and costs
pursuant to Section 119.070 1, Florida Statutes, and other penalties Linder Section 119.10, Florida
Statutes. Further, the Contractor shall ensure that any exempt or confidential records associated
with this Agreement or associated with the performance of the work described in Scope of Services
are not disclosed except as authorized by law for the duration of the Agreement term,and following
completion of the Agreement if the Contractor does not transfer the records to the Village.Finally,
upon completion of the Agreement, the Contractor shall transfer, at no cost to the Village, all
public records in possession of the Contractor,or keep and maintain public records required by the
Village. If the Contractor transfers all public records to the Village upon completion of the
Agreement, the Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the Contractor keeps and
maintains public records upon completion of the Agreement, the Contractor shall meet all
applicable requirements for retaining public records. Records that are stored electronically Must
be provided to the Village, upon request from the Village's custodian of public records, in a format
that is compatible with the Village's information technology systems.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK,
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Acienda Item lick
Musa gn Envelope ID:E 444DA-AC81-48A9-921 C-B5E842E59ED4
RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-06859 OR AT
1mcwi11iamskteciuesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA,
FLORIDA 33469.
16. HEADINGS: The headings contained in this Agreement are provided for
convenience only and shall not be considered in construing, interpreting or enforcing this
Agreement.
17. SEVERABILITY: The invalidity or unenforceability of any provision of this
Agreement shall not affect the validity or enforceability or any other provision of this
-- - Agreement-and th-is Agreement shall be construed and enforced in all respects as if the invalid
or unenforceable provision is not contained herein.
18. WAIVER: No waiver by the Village of any provision of this Agreement shall
be deemed to be a waiver of any other provisions hereof or of any subsequent breach by the
Contractor of the same, or any other provision or the enforcement hereof. The Village's
consent to or approval of any act requiring the Village's consent or approval of any act by the
Contractor shall not be deemed to render unnecessary the obtaining of the Village's consent to
or approval of any subsequent consent or approval of, whether or not similar to the act so
consented or approved.
19. ENTIRE AGREEMENT: This seven (7) page Agreement, including any
Exhibits, constitutes the entire agreement between the parties; no modification shall be made to
this Agreement unless such modification is in writing,agreed to by both parties and attached hereto
as an addendum to this Agreement. In the event of a conflict between this and any other document,
this document shall prevail.
20. AUTHORITY TO OBLIGATE: Each person signing this agreement on behalf
of either Party warrants that he or she has the full legal power to execute this agreement on behalf
of the Party for whom he or she is signing and bind and obligate sLich party with respect to all
provisions contained in this agreement.
[REMAINDER OF THIS PAGE LEFT INTENTIONALLT'Y BLAND]
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Aqenda Item #9.
[Mcusign Envelope ID:ECE444DA-AC81-48A9-921C-B5F842E59ED4
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first above written.
WITNESSES: KITTELSON & ASSOCIATES, INC.
,e--Signed by: e—Signed by:
ME F""1 01371mPlIct 14
By: Jofi'nc*3Vau...I (JP)Weesner
Title: Principal
(Corporate Seal)
VILLAGE OF TEQUESTA
A QjV
By: eremy Alle T:511age Manager
ATTEST:
OFJ—rllrllioi
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A
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1NC0R ATED:
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VE 4,
Lori McWilliams, MMC ..........
OF
Village Clerk \oss,
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Awada,RamD#98-,-48A9-921 C-B5F842E59ED4
DocuSign Envelope ID:A703C9A2-C1AB-487F-8CC3-B76113C237F
Exhibit A r
11
CONTINUING; PROFESSIONAL SERVICES CONTRACT
CONTRACT NO. 2346 AI
THE PARTIES TO THIS CONTRACT are the CITY of Daytona Beach,a Florida municipal corporation (the
"CITY"), and Kittelson and Associates, Inc. a Foreign Profit Corporation("CONSULTANT").
In consideration of the mutual covenants herein contained, the Parties agree as follows:
Section 1. Scope of Services. CONSULTANT will provide Transportation Planning services for the
CITY from time to time at the request of the CITY during the Term of this Contract as further described in
Exhibit A, attached hereto and incorporated herein by reference.
Section 2. Services Must Be authorized in Writing. This Contract, in and of itself, does not require
the CONSULTANT to perform any services or obligate the CITY to pay for any services rendered. No
services will be provided under this Contract, and no payment obligation will arise for performance of
services, except-whan s ecifcaMy authorized-by-work authorization issued in accordance with the-C-IT-Y"s- -
procurement policies. The City may request the Consultant prepare a written quote/proposal for
development of a work authorization. A work authorization may consist of a contract document, signed by
both the CITY and CONSULTANT; or it may consist of CONSULTANT's written quotation/proposal and the
CITY's written document (such as a CITY Resolution or CITY purchase order) accepting such
quotation/proposal. In either instance the work authorization should specifically reference and incorporate
this Contract. No work authorization may alter the terms and conditions of this Contract. In case of a
conflict with a work authorization this Contract will govern. The work authorization may provide more
detailed parameters for the services to be provided, such as deliverables, deadlines, etc., consistent with
the previsions of this Contract.
No claim for services furnished by the CONSULTANT not specifically provided for herein will be honored
by the CITY.
If CONSULTANT is providing services under a work authorization at the time that this Contract expires or
terminates for any reason other than CONSULTANT's material breach, CONSULTANT will continue to
provide such services unless and until the CITY provides CONSULTANT a notice suspending or terminating
such services. if CONSULTANT is providing services under a work authorization at the time that the CITY
terminates this Contract due to CONSULTANT's material breach, CONSULTANT will immediately cease
performing all services unless the notice of termination specifically provides otherwise.
Section 3. Fees and Other Payments; Limitations.
(a) Fees. Each work authorization will set forth the Fee to be paid to CONSULTANT based on
the Rate Schedule provided as Exhibit B. The Fee will be established as either a not-to-exceed or fixed
fee. In either instance the work authorization will include sufficient documentation to describe the basis on
which the fee has been calculated.
(b) Reimbursement of Expenses. In addition to the Fee, the work authorization may provide
for reimbursement of certain types of expenditures that CONSULTANT may incur in providing the service
required. An expense will be reimbursed only if specifically identified as reimbursable by the work
authorization. In addition:
(1) An expense will be subject to CITY reimbursement only when the CITY determines
that the expense is reasonably necessary for CONSULTANT's performance of the work. If the work
authorization does not specifically identify when such expenses are necessary, CONSULTANT may
request the CITY's project representative to approve the expense, in writing, in advance of incurring the
expense; and the project representative's written approval will be binding on the CITY as to the
determination of such necessity.
t
Transportation Planning Services Contract 2346KAI
Page 110 of 347
AgwWipe RQrnc#A991 ,A9-.21
o-MF842EnEo
Doouoign Envelope ID:A703oe^2-Cl 11oo2orF4 Exhibit A
(2) Where the expense subject to reimbursement is a cost or expense for goods or
aemimae provided to or on behalf of CONSULTANT by e third pedy, reimbursement will be limited to the
actual costs billed by the third party, without markup by CONSULTANT.
(3) Where reimbursement is specifically authorized for travel, the following limitations
apply:
i As to use of vmhicles, per dkam rates for use of owned vehicles will be in
accordance with then-current IRS business related mileage rote and in such cases; nmnte|of vehicles will
be limited to economy or—mid-size sedans and will require prior written approval; and reimbursement for
vehicular travel will only be made for travel in excess of 50 miles round trip in any event.
|i Air fare must be at the onooh rote unless the CITY approves otherwise in
advance.
--` -- -- - ` ' ------ ---- -- -
/K- As-to meals, reimbursement will be limited Jthe lower incurred of the meal or the following amounts unless approved in advance by the CITY:
Breakfast$0.O0 includes tip&tax
Lunch $8.00 includes tip&tax
Dinner$15.00 includes tip&tax
(4) Subcontractor expenses will be subject to the same limitations as those that apply
to CONSULTANT.
In all instances, the work authorization will specifically identify the types of expenses that may be
reimbursed,and will specifically state an upset limit, either by category of expense or by total;and if no limit
is stated,the upset limit for all permitted reimbursables will not exceed 5%of the fixed or not-to-exceed Fee
stated in the work authorization.
(c) Limitation on Compensation. No additional compensation will be due CONSULTANT for
any reason.
Section 4. Billing and Payment Procedure. In addition to requirements for payment established by
applicable federal, state, or local law including the CITY Code. or the Exhibita, payment terms and
conditions are aafollows:
(a) No payment will be due for services performed until CONSULTANT submits a proper invoice.
CONSULTANT must separately invoice the CITY for each work authorization. CONSULTANT may invoice
the CITY no more frequently than monthly, and no sooner than 30 days after the date of the work
authorization.
(b) For work authorizations providing for fixed fees: if the work authorization specifically provides
for payment to be made in stages based upon completion of phases,tasks,or other discrete increment of
the service to be provided. CONSULTANT will invoice the CITY as these increments of service are
oomp|oted, and in any event no more frequently than monthly. |f the work authorization so pmvidem, or is
silent as to the method for payment, payments will be made on the basis of the percentage of work
completed and accepted.
(o) For work authorizations providing for Fees based on the hours worked,payment will be made
based on the hours worked and billed during the monthly billing interval.
(d) /n order tobe considered proper,the invoice must include all information and documentation
that the CITY may need to verify the accuracy of the invoice and the amount of payment due based on the
specific requirements of this Contract. VVhae payment is for the coot incurred for certain nmimbursob|ea
2
Transpouation Planning Services Contract zs4exm
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ACJPW13d1X LtIDMC#A9$1-48A9-921C-B5F842E59ED4
DocuSign Envelope ID:A703C9A2-C 1 AB-487F-8CC3-B761 1 3C237F4 Exhibit A
(such as for subcontractors or air travel),the invoice must include proof that CONSULTANT has paid such
costs.
(e) The CITY will within 30 days after receipt of an invoice notify the CONSULTANT that the
invoice is improper or pay CONSULTANT the amount due.
Section 5. Standard of Performance. CONSULTANT's services will at a minimum meet the level of
care and skill ordinarily used by members of CONSULTANT Is profession performing the type of services
provided herein within the State of Florida.
Section 8. Relationship between Parties. This Contract does not create an employee-employer
relationship between the CITY and CONSULTANT. CONSULTANT is an independent contractor of the
CITY and will be in control of the means and the method in which the requested work is performed. As an
independent contractor, CONSULTANT will be solely responsible for payment of all federal,state, and local
income tax,and self-employment taxes,arising from this Contract; and CONSULTANT agrees to indemnify
and hold harmless the CITY from any obligations relating to such taxes. The CITY will not make deductions
from payments due for such taxes,or for social security, unemployment insurance,worker's compensation,
or other employment or payroll taxes. CONSULTANT will also be responsible for the performance of
C O NS U LTANT's sub-contractors-
Section 7. Documents.
(a) All reports, estimates, logs, original drawings, and other materials furnished, prepared or
executed by CONSULTANT during the term of and in accordance with the provisions of this Contract are
the property of the CITY. CONSULTANT will immediately deliver all such materials to the CITY upon the
CITY's written demand;or upon CONSULTANT's completion of the particular task for which such materials
were prepared,executed, or otherwise required;or,where no demand has been made at the time that this
Contract expires or is terminated, upon such expiration or termination.
(b) CONSULTANT understands and agrees that CITY will have the right to reuse any plans and
specifications, including construction drawings,that CONSULTANT is required to provide to CITY pursuant
to this Contract without having to obtain further approvals from or providing additional compensation to
CONSULTANT. CITY understands and agrees that CONSULTANT will not be liable for CITY's use of such
plans and specifications other than for the purposes intended by this Contract.
Section 8. Public Records.
(a) To the extent applicable, CONSULTANT will comply with the requirements of Florida Statutes
Section 119.0701, which include the following:
(1) Keeping and maintaining public records that the CITY requires for performance of the
service provided herein.
(2) Upon the request of the City Clerk of the CITY, (i) providing the City Clerk with a copy
of requested public records or(ii) allowing inspection or copying of the records, within a reasonable time
after receipt of the City Clerk's request, at a cost that does not exceed the cost provided in Ch. 119, Florida
Statutes,or as otherwise provided by law.
(3) Ensuring that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law until completion of this
Contract, and following such completion if CONSULTANT fails to transfer such records to the CITY.
(4) Upon completion of the work required by a specific work authorization, keep and
maintain public records required by the CITY to perform the service. CONSULTANT will meet all applicable
requirements for retaining public records. All records stored electronically must be provided to the CITY
3
Transportation Planning Services Contract 2346KAI
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Aganrd4le lt(t[UD#Diil-48A9-921C-B5FB42E59ED4
DocuSign Envelope ID:A703C9A2-C1 AB-487F-8CC3-B70'113C237F4 Exhibit A
upon request from the CITY Clerk, in a format that is compatible with the CITY's information technology
systems.
IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONSULTANT MUST CONTACT THE CITY CLERK,
WHOSE CONTACT INFORMATION IS AS FOLLOWS:
(Phone) 386 671-8023
(Email) clerk codh.us
(Address) 301 S. Ridgewood Avenue
- Daytona Beach, FL-32-1-14
(b) Nothing herein will be deemed to waive CONSULTANT's obligation to comply with Section
`l 19.0701(3)(a), Florida Statutes.
Section 9. Effective Date and Term. The Effective mate of this Contract is the last signature date set
forth below(the Effective Date"). This Contract will begin on the Effective Date.The Term of this Contract
is three (3)years, commencing on the Effective Date.
The CITY will have the option to renew this Contract for up to for two(2)terms of one(1)year each. Unless
wa ived by CO N SU LTANT,the C I TY must provide CO N S U LTANT written n otice at least 50 days before the
end of the current Term in order to exercise the options). Any work authorization entered into prior to
expiration or termination of the Term will remain valid.
Section 10. Termination of Agreement
(a) The CITY may terminate this Contract, in whole or in part, at any time, for the CITY's
convenience or upon CONSULTANT's material breach, by providing written notice as follows.
(1) Before terminating for convenience, the CITY must provide CONSULTANT 30 days'
notice. Termination will be automatic upon the expiration of the 30-day period.
(2) Before terminating due to CONSULTANT's material breach of its contractual
obligations, CITY must provide CONSULTANT prior written notice, specifying the breach and demanding
that CONSULTANT remedy the breach within 10 days of the notice. This Contract will terminate
automatically and without need for additional notice if CONSULTANT fails to remedy the material breach
within this 10 day period.
(b) If the termination is for the CITY's convenience, CONSULTANT will be paid compensation
for authorized services performed through termination in accordance with this Contract and the notice of
termination.
(c) if the termination is due to the CONSULTANT's material breach, the CITY reserves all rights
and remedies it may have under law due to such breach. Among other things, the CITY may takeover the
work and prosecute the same to completion by other agreements or otherwise, and in such case, the
CONSULTANT will be liable to the CITY for all reasonable additional costs occasioned to the CITY thereby.
(d) If after notice of termination for the CONSULTANT's material breach it is determined by the
CITY or by a court of law that the CONSULTANT had not materially breached this Contract, or that the
CITY's notice for termination upon such breach was insufficient,the termination will be conclusively deemed
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Page 113 of 347
AgANWIa LtIBMdN&1-48A9-!92IC-B5F842E59ED4
DocuSign Envelope ID:A703C9A2-C1AB-487F-8CC3-B76113C237F4 Exhibit A
to have been effected for the CITY's convenience. In such event,adjustment in payment to CONSULTANT
will be made as provided in Subsection (b) of this Section.
(e) The rights and remedies of CITY provided for in this Section are in addition and supplemental
to any and all other rights and remedies provided by law or under this Contract.
Section 11. Suspension of Services. if the notice of breach issued by the CITY pursuant to the
preceding Section so directs, CONSULTANT will suspend services immediately upon receipt thereof, other
than the work required to remedy the material breach.
If CONSULTANT is providing services under an open purchase order at the time that this Contract expires
or terminates for any reason other than CONSULTANT's material breach, CONSULTANT will continue to
provide such services unless and until the CITY provides CONSULTANT a notice suspending or terminating
such-services.
Section -12. Indemnification. The CONSULTANT shall indemnify and-hold-harmless--The City of
Daytona Beach, and its officers and employees, from liabilities, damages, losses, and costs, including, but
not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or
intentional wrongful conduct of the CONSULTANT and other persons employed or utilized by the design
professional in the performance of the contract. This indemnification agreement is separate and apart
from,and in no way limited by, any insurance provided pursuant to this agreement or otherwise.
Section 13. Insurance. CONSULTANT will provide and maintain at CONSULTANT's own expense,
insurance of the kinds of coverage and in the amounts set forth in this Section. All such insurance will be
primary and non-contributory with the CITY's oven insurance. In the event any request for the performance
of services presents exposures to the CITY not covered by the requirements set forth below, the CITY
reserves the right to add insurance requirements that will cover such an exposure.
(a) Coverage and Amounts.
(1) Workers Compensation Insurance as required by Florida Statutes, Chapter 440,
Workers'Compensation Insurance,for all employees of CONSULTANT,employed at the site of the Service
or in any way connected with the work, which is the subject of this Service. The insurance required by this
provision will comply fully with the Florida workers' Compensation Law and include Employers' Liability
Insurance with limits of not less than $500,000 per occurrence. Any associated or subsidiary company
involved in the Service must be named in the workers'Compensation coverage.
(2) Liability Insurance, including (i) Commercial General Liability coverage for
operations, independent contractors, products-completed operations, broad form property damage, and
personal injury on an"'occurrence"basis insuring Supplier and any other interests, including but not limited
to any associated or subsidiary companies involved in the work; and (ii)Automobile Liability Insurance,
which will insure claims for damages because of bodily injury or death of any person or property damage
arising out of the ownership, maintenance or use of any motor vehicle used by the Supplier in the
performance of this Contract.
The limit of liability for each policy will be a combined single limit for bodily injury and property damage of
no less than $1,000,000 per occurrence. If insurance is provided with a general aggregate, then the
aggregate will be in an amount of no less than$2,000,000. The Risk Manager may authorize lower liability
limits for the automobile policy only, at the Risk Manager's sole discretion.
THE COMMERCIAL GENERAL LIABILITY INSURANCE POLICY WILL NAME THE City AS AN
ADDITIONAL INSURED. CONSULTANT'S Commercial General Liability insurance policy shall provide
coverage to Supplier, and City when required to be named as an additional insured either by endorsement
or pursuant to a blanket additional insured endorsement, for those sources of liability which would be
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A4;QTWQe
ttOME#A9&1-48A9-la2lC-Ei5F842E59ED4
000 sign Envelope|o:A703oex2-olxa-487F-8Cc3-B7e113c237r4 Exhibit A
covered by the latest edition of the standard Commercial General Liability Coverage Form(ISO Form CG
00 01) without the attachment of any endorsements excluding or limiting coverage for Prod ucts/Completed
Qperations, Independent Suppliers, Property of City in Supplier's Care, Custody or Control or Property of
City on which Contracted operations are being performed, Exp|osion. Collapse or Underground hazards
(XCU Coverage, Contractual Liability or Separation of Insureds). When City is added as additional insured
by endorsement, ISO Endorsements CG 20 10 and CG 20 37 or their equivalent shall be used to provide
such Additional Insured status that is at least as broad as ISO form CG 20 10 11 85.
Professional Liability Insurance, insuring CONSULTANT and other interosts, including,
but not limited to, any associated or subsidiary companies involved in the work, for errors or
omissions in the performance of professional services to be rendered pursuant to this
Contract. The 11mit of liability will be no less than $1.000.000 per occurrence. If insurance
is provided with o general aggregate' then the aggregate shall be in on amount of no |eoo
thmn$2.000'ODO.
(Professional -Uabi|dy-coverage will be provided on an Occurrence-Form oro Claims Made
Form with a retroactive date equal to at least the first date of this agreement and with e
three-year reporting tail beyond the annual expiration date of the poUoy).
Un less opeoifioo(ly wo<vedhenaafterinmm[t/ngbyLheRimkManagmr, Supp/ier agrees LhmL the/naurer(m)vvU)
waive its rights of subrogation, if any, against the City on each of the types of required insurance coverage
listed inSection 13.
(b) Proof mfInsurance. CONSULTANT will furnish proof of insurance acceptable to the CITY
prior to or at the time of execution of this Contract. CONSULTANT will not commence work until all proof
of all required insurance has been filed with and approved by the CITY. CONSULTANT will furnish such
proof in the form of certificates of insurance which will clearly outline all hazards covered as itemized above,
the amounts ofinsurance applicable to each hazerd, and the expiration dates. The certificates will also
contain the following language aa1ocancellation:
"In the event of cancellation of this policy by the insurer or any insured, this Company will give not less than
3D days advance written notice Lo�
Risk Manager
The CITY of Daytona Beach
P.O. Box 2451
Daytona Beach, Florida 32115-2451^
If requested by the C|TY. CONSULTANT will furnish copies of the insurance contracts to support the
certificates of insurance and the copies ofsaid insurance must be acceptable to the CITY.
(c) Cancellation; Replacement Required. CONSULTANT will file replacement certificates 3O
days prior to expiration or termination of the required insurance occurring prior to the acceptance of the
work by the CITY. If required policy is canceled without CONSULTANT'a prior knowledge CONSULTANT
will immediately notify the CITY immediately upon becoming aware that a required insurance coverage has
been canceled for2ny reason, and promptly replace the canceled policy. The CITY expressly reserves the
right to replace the canceled policy at CONSULTANT'S expense if CONSULTANT fails to do so.
(d) Termination of Insurance. CONSULTANT may not cancel the insurance required by this
Contract until the work is oomp|e1ed, accepted by the CITY and CONSULTANT has received written
notification from the Risk Management Division of the CITY that CONSULTANT may cancel the insurance
required by this Contract and the date upon which the insurance may be canceled. The Risk Management
Division of the CITY will provide such written notification at the request of CONSULTANT if the request is
made no earlier than two weeks before the work is tobecompleted.
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Agandipe[tQ[n[#AC)81-48A9-921C-B5F842E59ED4
DoeuSign Envelope ID:A703C9A2-ClAB-487F-8DD3-6761 1 3C237F4 Exhibit A
(e) Liabilities Unaffected. CONSULTANT's liabilities under this Contract will survive and not be
terminated,reduced or otherwise limited by any expiration or termination of insurance coverages. Similarly,
CONSULTANT's liabilities under this Contract will not be limited by the existence of any exclusions or
limitations in insurance coverages, or by CONSULTANT'S failure to obtain insurance coverage.
CONSULTANT will not be relieved from responsibility to provide required insurance by any failure of the
CiTY to demand such coverage, or by CITY's approval of a policy submitted by CONSULTANT that does
not meet the requirements of this Contract.
(f) Risk Manager. All references to the Risk Manager will be deemed to include the Risk
Manager's designee.
Section 14. Notices. Unless otherwise expressly agreed herein, all notices, requests, and demands to
or upon the Parties will be delivered by hand, delivered by a courier service, provided to a nationally
recognized delivery service for overnight delivery,or by U.S. mail, postage prepaid by registered or certified
mail, return receipt requested, to the addresses set forth herein:
To the CITY: To CONSULTANT:
Name: Dennis M rozek Name: Kok Wan Mah
Department: Growth Management&Planning Title: Associate Engineer
301 S. Ridgewood Ave Address: 225 East Robinson Street,Suite 355
Daytona Beach, FL 32114 CitylST/Zip: Orlando,FL 32801
Email mrozekdennls@codb.us Email; kmah kittelson_com
Phone: 386-671-8152 Phone: 407-373-1127
Either Party may change the name or address for receipt of that Party's notices, by providing the other
Party written notice in the manner described above.
Section 15. Personnel. CONSULTANT represents that CONSULTANT has or will secure at
CO NSU LTA NT's own expense,all person n e I req uired in performing the services u nder th is Contract. S uch
personnel will not be employees of or have any contractual relationship with the CITY.
All personnel engaged in the work will be fully qualified and will be authorized under state and local law to
perform such services.
The CITY will have the right to approve or reject any subcontractors that CONSULTANT proposes to use
for work assigned.
Section 16. CITY's Responsibilities. The CITY agrees to make available for review and use by the
CONSULTANT, reports, studies, and data relating to the services required. The CITY will establish a
project manager to meet periodically with the CONSULTANT to facilitate coordination and ensure
expeditious review of work product.
Section 1 T. Limitation on waivers. Neither the CITY's review, approval,or acceptance of, or payment
for, any of the services provided by CONSULTANT, will be construed to operate as a waiver of the CITY's
rights under this Contract. CONSULTANT will be and always remain liable to the CITY in accordance with
applicable law for any and all damages to the CITY caused by the CONSULTANT's negligent or wrongful
provision of any of the services furnished under this Contract.
Failure of the CITY to exercise any right or option arising out of a breach of this Contract will not be deemed
a waiver of any right or option with respect to any subsequent or different breach, or the continuance of any
existing breach. Furthermore, the failure of the CITY at any time to insist upon strict performance of any
condition, promise, agreement or understanding set forth herein will not be construed as a waiver or
relinquishment of the CITY's right to insist upon strict performance of the same condition, promise,
agreement or understanding at a future time.
7
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Aggpdoe LtOrM#081-48A9-92IC-B5F842E59ED4
oocuSign Envelope ID:A7uoomA2-o1 13o237p4 BxhihbA
Section 18. Dispute Resolution. If dispute exists concerning this Contract. the Parties agree to use
the following procedure prior to pursuing any other judicial remedies.
(s)Negotiations.A Party will request in writing that o meeting be held between representatives of
each Party within 14 calendar days ofthe request orsuch later date that the Parties may agree to. Each
Party will attend and will include, at minimum, a senior level decision maker (an mwnor, offioar, or
employee of each organization) empowered to negotiate on behalf of their organization. The purpose of
this meeting is to negotiate in the matters constituting the dispute in good faith. The Parties may mutually
agree in writing to waive this step and proceed directly to mediation as described below.
(b) Non-Binding Mediation. Mediation is e forum in which an impartial person, the mediator,
facilitates communication between parties to promote reconciliation, oett|ement, or understanding among
them. Within 30 days after the procedure described in Subsection (a)proves unsuccessful or the Parties
mutually waive the Subsection (e) procedure, the Parties will submit to o non-binding mediation. The
mediation, at m'minimunn;'vvU) provide for (i)'conducting an on-site inveotigetion^if appropriate, by the
mediator for fact gathering purposes, (ii)a meeting of all Parties for the exchange of points of view and (iii)
separate meetings between the mediator and each Party to the dispute for the formulation of resolution
alternatives. The Parties will ao|eot e mediator trained in mediation okU|m and certified to mediate by the
Florida Bar.to assist with resolution of the dispute. The Parties will act in good faith in the selection of the
mediator and give consideration to qualified individuals nominated to act as mediator. Nothing /n this
Contract prevents the Parties from relying on the skills of a person who also is trained in the subject matter
uf the dispute ora contract interpretation expert. Each Party will attend and will include, ata minimum, a
senior level decision maker(an owner, officer, or employee of each organization) empowered to negotiate
on behalf of their organization.
If the Parties teii to reach o resolution of the dispute through mediation, then the Parties are released to
pursue any judicial remedies available<othem.
Saotimn19. General Terms and Conditions.
(m) Amendments. Except as oLhamiaa provided herein, no change or modification of this
Contract will be valid unless the same is in writing and signed by both Parties.
(b) Ame|Qnmamte and Subcontracting. No assignment or subcontracting will be permitted
without the C1TY'a written approval.
(c) Compliance with Lsvvm and Regulations. In providing all services pursuant to this
Coninact. CONSULTANT will abide by all atatutea, ondinanoea, ru|ea, and regulations pertaining to, or
regulating the provisions of, such services including those now in effect and hereafter adopted. Any
violation of said otetutoa, ondinanoea, rules, or nmQu/mtiooa will constitute material bn000h of this Contract
and will entitle the CITY to terminate this Contract immediately upon delivery of wriften notice oftermination
to the CONSULTANT.
(d) Truth)n Negotiations Certificate. CONSULTANT hereby certifies that the wages and other
factual unit costs supporting the compensation herein are accunste, complete, and current at the time of
this Contract.
(e) No Third Party Beneficiaries, There are no third party beneficiaries ofCONGULTANT'0
services under this Contract.
(f) Contingency Fee. CONSULTANT warrants that it has not employed or retained any
company or person,other than a bona fide employee working solely for CONSULTANT,to solicit or secure
this Contract and that it has not paid or agreed to pay any person, company,corporation, individual or firm,
other than ebona fide employee working solely for CONSULTANT, any fee,commission, percentage, gift,
or any other consideration, contingent upon or resulting from the award or making of this Contract.
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Agenda-Item4499 1
-48A9-92o-BeF842c5 9 Eo
000 mignsnvem �
p�|o��ro�oep� lAo-4 � � n arr �oormoo2orF4 Exhibit
(g) Nondiscrimination. CONSULTANT will not discriminate against any employee applicant
for employment because of race, color, sex, or national origin. CONSULTANT will take affirmative action
to ensure that applicants are employed and the employees are treated during employment without regard
to their sex, race, creed, color, or national origin. Further, CONSULTANT agrees to comply with all local,
state and federal laws and ordinances regarding discrimination in employment against any individual on
the basis of race, color, nm(iginn, sex national origin, physical or mental impairment, or age. /n particular,
CONSULTANT agrees to comply with the provisions of Title 7 of the Civil Rights Actof1S84, aoamended,
and applicable executive orders including, but not limited to, Executive Order No. 11248.
(h) Principles in Construing Contract. This Contract will be governed by and construed in
accordance with the laws of the State of Florida. Captions and paragraph headings used hmn*)n are for
convenience on/y, are not part of this Contract and will not be deemed to limit or alter any provisions
hereof orbobe relevant in construing this Contract. The use of any gender herein will be deemed to be or
include the other genders,and the use of the singular herein will be deemed to be or include the plural(and
vice vema).wherever appropriate.
(U Venue. The exclusive venue for any litigation arising out of this Contract will be Vo|usie
County' Florida if in state court, or the U.S. District Court, Middle District of Florida if in federal court.
0) Litigation Costs. Except where specifically provided herein, in case oflitigation between
the Parties concerning this Contract, each party will bear all of its litigation costs, including attorney's fees.
(k) Force Mnjaure. Aforco mcjeuna event is on act of God or of the public enemy, riots, civil
oommotion,vvor, acts of government or government immobility (whether federal, atate, or local)fire` f|ood,
epidemic, quarantine restriction, strike, freight embargo, or unusually severe weather; provided, hovvever,
that no event or occurrence will be deemed to be a force majeure event unless the failure to perform is
beyond the control and without any fault or negligence of the Party charged with performing or that Party's
officers, employees, oragents. Whenever this Contract imposes a deadline for performing upon aParty,
the deadline will be extended by one day for each day that a Force Majeure event prevents the Party from
per-forming; provided. however,that the Party charged with performing and claiming delay due to a Force
Majeure event will promptly notify the other Party of the Event and will use its best efforts to minimize any
resulting delay.
(|) Jury Trial Waived. THE PARTIES HEREBY WAIVE THEIR RESPECTIVE RIGHTS TO A
JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF THIS
CDNTRACT, OR ANY DEALINGS BETWEEN THE PARTIES. THE SCOPE OF THIS WAIVER IS
INTENDED TO BE ALL ENCOMPASSING OF ANY DISPUTES BETWEEN THE PARTIES THAT MAY BE
FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER' INCLUDING WITHOUT
L|N1|TAT|C}N, CONTRACT CLAIMS, TORT CLA|M8, BREACH OF DUTY CLAIMS AND ALL OTHER
COMMON LAW AND STATUTORY CLAIMS.
(nn) Authority to Bind CONSULTANT. The undersigned representative of CONSULTANT
represents and warrants the he or she is fully authorized to bind CONSULTANT to the terms and condftions
of this Contract.
(n) Incorporation of RFP and Proposal. The C|TY's Transportation Planning Gen/icma
Request for Proposals 2346RFP and the CONSULTANT'S responsive proposal are incorporated herein by
reference as Composite Exhibit C. Composite Exhibit C is not attached but will remain on file with the
CiTY'a Purchasing Agent and will be available upon request mode to the City Clerk. In case of conflicts
between the RFP and Proposal, the RFP will govern. In case of conflicts between Composite Exhibit C
and other provisions of this Contract, including Exhibit and B. this Contract will govern.
(o) Integration. This Contract represents the entire agreement of the parties with respect tothe
subject matter hereof. No representations, warranties, inducements or oral agreements have been made
by either Party except as expressly set forth henain, or in other contemporaneous written agreements.
9
Transportation Planning Services Contract 2346Km /
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Page 118 Of 347
^~�n-"^~~�-�e ROtU#-A9,61-48A9-921C-85FB42E59ED4 ?;-' . ('7(
DocuSign Envelope 1D.-A703C9A2-ClAB-487F-8CC3-B76113C237F4 Exhibit A ~
(p) itssubcontractors) obligation to utilizeth U.S.
Department of Homeland Security's(DHS)E-Verify system for all newly hired employees. By executing this
Contract, the CONSULTANT certifies that it is registered with, and uses, the E-Verify system for all newly
hired employees. The CONSULTANT must obtain an affidavit from its subcontractors in accordance with
paragraph (2)(b) of section 448.095, F.S., and maintain a copy of such affidavit for the duration of the
Contract.
This section serves as notice to the CONSULTANT regarding the requirements of section
448-095, F.S., specifically sub-paragraph(2)(c)l,and the City's obligation to terminate the Contractif it has
a good faith belief that the CONSULTANT has knowingly violated section 448.08(l). F.S. |f terminated for
such reason,the CONSULTANT will not be eligible for award of a public contract for at least one year after
the date of such termination.The City reserves the right to order the immediate termination of any contract
between the CONSULTANT and a subcontractor performing work on its behalf should the City develop a
good faith belief that the subcontractor has knowingly violated section 448,095(l), F.S.
(q) This-iso nonexclusive contract. The City has the righttouenterjnto-contnaota with other
consultants for Transportation Planning Services.
IN WITNESS WHEREOF, the Parties through their undersigned representatives have caused this Contract
1obm executed in duplicate original.
THE CITY CONSULTANT
-_--
D ocuS m"edby,
By:
Derrick L. Henry, May
Printed Name: Adam Burghdoff
Attest:
-'LebdaLaMmgno. C�yC�/h " Title: principal
/
1D/24/3023
Date: / o/ c'^/ Date:
Approved osto legal form:
By:
Wo/r,
6 i<ja m�Min�G r o�ss,6 t y ney
|O
Transportation Planning Services Contract 2346KA| ,
Page 119Of 347
AgandaftemAga.,ABA9-921C-B5FB42E59ED4
Exhibit
ooc eignenvempa/o:*/000uAz-CvAe-4o p-8003-B/6 1sozorF4
EXHIBIT
SCOPE OF SERVICES
TRANSPORTATION PLANNING SERVICES
The Consultant will develop intersection,corridor,and/or area-level
of service analyses and recommendations related to improving existing traffic patterns. If necessary,
the Consultant will review the software which will facilitate the conversion or integration of data among
various software applications /ndudinB, but not limited to Gynchro. Highway Capacity Software, /TE
Trip Generation, NCHRP 684, FSUTMS, andiExcel._
Gep ion System (GI5 atabase., and System Administration: The Consultant Ul
develop Geographic Information System (GIS) applications and related databases utilizing the GIS
software. The work may include development and/or acquisition of data sets for use with GIS; data
transfer inter-faces between native data format and the GIS format, data transfer interfaces between
other applicable computerized formats and the G|S data format; and dove|opment/refinmmentof
software subroutines to perform software integration, data manipulation, mapping, analysis functions
through the Q|8 system. The work may require some system/process design, software
expansion/refi ne men ts, database updates and integration, and documentation protocols.
Review and Analyze Traffic Impact Analyses including review ofconournanoy management systems
within the City. Provide comments and recommendations eaneeded.
Roadway Characteristics Inventory (RC11. The Consultant will review/extract general highway data,
using the Florida Department of Transportation RCI system, and enter this information into computer
system/records for purposes of conducting the necessary teak(a) for this study. The Consultant will
assist the City with maintenance ofthis information on an on-going basis.
Other Sup2grt. The Consultant will eeoimt staff in preparing various mapping and graphics tasks for
presentation or report purposes using ARC/V|EVV, or other graphics software and techniques. The
Consultant may coordinate with outside agencies including but not limited to Volusia County, FDOT.
R2CTP(]. etc.
Other Tasks: The Consultant may be required to assist the City performing the tasks itemized below.
The Consultant will possess and maintain a thorough working knowledge of the City'e roadway
characteristics, existing levels of service and oapocities, existing and project oonourrenoyahortfaUs.
and overall oonuurrenoy management system.
Other Tasks may include but not ba limited to:
1 Review or prepare e multi-modal study or transportation alternative study.
2. Review or prepare revisions to the C(b/'s Transportation Impact Fee Ordinance.
3. Review or prepare Development of Regional Impact (OR|s) and Florida's Quality
Oeve|opmenta(FC}Oa)
4. Review and/or prepare Transportation ConourrenoyAssessment,
5. Review and/or prepare Comprehensive Plan Amendments(CPAe)
8. Review and/or prepare Evaluation and Appraisal Reports(EARs)of the Comprehensive Plan,
or specific elements thereof.
7. Review Corridor Analyses related to trove( apeed, existing and future oapaoity, levels of
oemioe, operating characteristics, etc.
Transportation Planning Services Contract zsn6mm �
'.
Page 120 Of 347
Agand,ioeLtO,rAC#A9�01-48A9-la2lC-B5F842E59ED4
Exhibit A
oocuSign Envelope|o�Aro3oo*2-oIxo-4u F-8003-B76113o237F4
8. Provide public involvement services.
8. Provide access management support.
1O. Provide traffic count support,
11 Review or prepare queuing calculations.
12 Provide recommendations for Functional Classification of Roadways and Jurisdictional
Transfers
13. Update and maintain the City'sveoted trip tracker,
14. Review or Prepare Proportionate Fair Share Agreements.
16. Aoa|ot in coordinating traffic review efforts with City applicants, County staff and outside
agencies.
18. Prepare parking studies orsupplemental updates toexisting parking studiea, including but not
limited to analyzing special event parking and impacts.
17. Site plans of specific areas of interest for potential changes to parking.
18. Details oyfuture projects in the study area being planned within the next five years.
19,Ana|yze the-potential use of��m�e��mpo�|on ���� use within�eC
20. Update or develop inventory ofpub|inporking spaces vvithinthe Cityoarequested.
21 Provide traffic engineering planning services related to parking garage needs.
22 Meet with the representative City staff to discuss work product.
12
Transportation Planning Services Contract zs4exm
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AIp LtRM A 91-48Ag-921C-85F842E59ED4 Exhibit A
DocuSign Envelope ID-.A703C9A2-CIAB-487F-8CC3-B76113C237F4
EXHIBIT B
City of Daytona Beach
Rate Schedule
ClassWication Hously
Billing Rate*
Senior Principal Engineer f Planner $299
Princ'1P al Engineer/Planner $250
Associate Engineer/Planner $225
Senior Engineer/Planner $186
E eer/Plamner $14-9
Transportation Analyst $129
Technician 1 $109
Technician H $113
Senior Technician $1.57
sociate Technician $193
Office Support $103
Data Analyst / Software Technician $152
Senior Data Scientist/Developer $221
Tfassification rates shown above MY be invoiced for the first year of the contract- Billing rates
will increase 3%each year unless oMerwise agreed upon with the City.
13
Transportation Planning Services Contract 2346KAI
ti
Page 122 of 347
A ae LtS AZ@1-48A9-921C-B5F842E59ED4 Exhibit A
DocuSign Envelope ID:A703C9A2-C 1 AB-487F-8CC3-B76113C237F4
Composite Exhibit C is not attached. It will be kept on file with the Purchasing Agent, and will be made
available upon request made to the City Clerk
14
Transportation Planning Services Contract 2346KAI
Page 123 of 347
Ptqenop it
nve cp
cusig Pe : 1-48A9-921
C*/ KITTELSON
ExhibitB
00|`ml�| & ASSOCIATES
Village of Tequesta Mobility Plan
SCOPE OF SERVICES
Consultant: KitLe|son & Associates, Inc. Task Work Order#: 001
Add ress: 225 E. Robinson Street, Suite 355
Orlando, Florida 32801
PROJECT NAME: Village of Teguesta Mobility Master Plan DATE: December 2,, 202241
The Village ofTequesta in partnership with the Palm Beach Transportation Planning Agency (Palm
Beach TPA) has elected to create a Mobility Plan tog ide future urban design,.streetscape,an mobU|ty
improvements throughout the Village. The Village has already undertaken preliminary mobility
planning efforts within the Village of Tequesta Commercial Corridor Master Plan("Master Plan")which
was adopted in October of 2022.The Mobility Plan shall synthesize the urban design, streetscape, and
mobility concepts in the Master Plan into a cohesive document that can guide the implementation of
future projects and allocation of resources. Additionally,the Mobility Plan shall evaluate concepts that
were not included in the Master Plan,particularly as it relates to bicycle, pedestrian,and low-speed/golf
cart vehicle improvements.
Recommendations will include the prioritization of projects for implementation and the development
of an implementation plan for the prioritized projects.The purpose of this scope of services is to provide
an outline of the support services that will be provided to the Village of Tequesta to develop a Mobility
Plan for their community.The Palm Beach TPA will be responsible forTask 1,Task 2,and Task 3 as part
of a separate work order and the Village of Tequesta will be responsible for Task 4 and Task 5. These
tasks will include the following services:
Task l. Project Management(Palm Beach TPA)
The Kitte|son project manager is responsible for managing the scope, schedule, and budget ofthe
project. Regularly scheduled meetings and frequent communication will be used to avoid issues that
could impact project scope, budget, or schedule and ensure successful completion of the Consultant
scope of services.This will include preparing monthly progress reports that detail the scope and budget
progress and bi-weekly, 30'minute project check-in meetings between the Kitte|son project manager
and the Community Development Director from the Village ofTequesta.
Task 2Deliverables:
" Prepare monthly invoices and progress reports.
° Attend bi-vveeNy project progress meetings.
° Provide on-going quality assurance and quality control of
products.
/
Page 124of347
Ageno Ion
cusign nve Pe In:9444DA-AC81-48A9-921
KITTELSON
ExhibitU�kN \1 & ASSOrIATES —
Task 2 Evaluate Existing Conditions and Comprehensive Plan Review(Palm Beach TPA)
Task I1 Existing Plans, Programs and Policies Review
Khte|sonvviU compile information from existing plans and programs as they relate to mobility in the
Village ofTequesta. Kitte|son will review the following plans and compile a literature review of key
elements:
° 2022VU|age ofTequesta Commercial Corridor Master Nan
° 2OZ2 Village ofTequesta Parks Master Plan
° Village ofTequesta Comprehensive Plan
° Village ofTequesta Capital Improvements Plan
° 2019Te estaDriveGolfCartEvaluation
Kitte|oon will review the latest relevant Transportation Improvement Program (TIP), capital
improvement plans, and Long-Range Transportation Plan (LRTP) from the Palm Beach Transportation
Planning Agency for a regional perspective. Kitte|son will also review the Village's resurfacing schedule
and FDOTs maintenance resurfacing schedule to identify overlapping opportunities for projects.
Kitte|son will review existing policy documents and lead up to three (3) interviews with Village of
Tequesta staff to document the challenges and opportunities with existing Village policies and
programs, including identifying planned developments and planning analysis.
Task 2.2 Doto Collection and Field Review
Kittelson will obtain available data with assistance f rom the Village of Tequesta.,Palm Beach County TPA,
and FDOT. The Village of Tequesta and/or Palm Beach County will provide Kittelson with available and
pertinent Village-or county-managed G|S data. Kitte|son will also lead field reviews to identify and
assess:
° Cu rre nt co n d iti o n s f o r veh icles,low-s peed vehic|es,QoIfcaMs,bicydistsandpedesirians,induding
on-and off-street networks and facilities
° Current issues with connectivity such as problematic street crossings and intersections,
maintenance issues, safety hazards and deficiencies such as gaps/ preliminary bicycle and
pedestrian network/recommendations, preliminary |ovv speed/golf cart vehicle
netvvork/recommendations, etc.
° Existing pedestrian and bicycle, and low speed/golf cart vehicle facilities
° Special population or user groups
" Feasibility of constructing mobility projects in the 2022[ommercia| Corridor Master Plan
" Roadway widths, shoulder treatments (curb and gutter), no. of lanes, and posted speed limits
° Sidewalk and bicycle facility locations, conditions, and signage
" Visible constraints and barriers
" Major origins and destinations
° Opportunities to make bicycle and pedestrian connections toJonathan Dickinson State Park,
Jupiter Inlet Lighthouse Outstanding Natural Area, and Coral Cove Park
" Opportunities to connect the East Coast Greenway and Sun Trail through Tequesta.
" Opportunities to improve micromobiUtyand connectivity to public transit such as: Pa|mTran,
Tr\'Ra\|,and BrightUne.
" The feasibility of creating a local shuttle system, such as Circuit.
2
Page 125Of 347
Atpnda
sign
%FC�444DA-AC81-48A9-92lC-B5F842E59ED4
Exhibit BKITTELSON
& ASSOCIATES
Using the above data, Kitte|son will prepare a series of existing conditions maps and visuals to be
incorporated into the final plan documentation.
Task 2 Defivmrx6les/
° Documents and Maps to Summarize Existing Conditions, Review ofData, Projects, Plans and
Policies for inclusion in the Draft and Final Mobility Plan.
° Fie Id review caU'out map documeniin@the fie Id review findin0s.
Task 3, Project Steering Committee (PSC) Coordination.. Public Engagement & Village Council
Presentation Support(Palm Beach TPA)
Task I1Project Steering Committee APSQMeetings
Khtebmn will prepare materials for and facilitate up to four (4) meetings with the Project Steering
Committee(PSC). Materials include agendas, minutes,and any other relevant meeting documentation.
The Village of Tequesta will identify potential PS[ members and invite them to be a part of the
committee. The Village's project manager will coordinate and schedule PS[ meetings, distribute
materials in advance of the meetings,and secure meeting spaces.
These PS[ meetings may be held virtually while maintaining interactive engagement through video
calls,virtual wh1teboards, and web-based interaction tools.
The purpose of each Steering Committee meeting is described below:
° yWeet\ng#1
o Initiate visioning and goa|'setting.
o Identify destinations, challenges,and opportunities.
o Detail public engagement strategy.
° K4eeting#2
o Draft preliminary project maps for review.
o Establish a list of projects for feasibility evaluation and inclusion in the plan.
° K4eeting#3
o Finalize project maps.
o Develop prioritization methodology for facility recommendations.
o Discuss program and policy recommendations.
° [WmetinO#4
o Review the draft Mobility Plan prior to submittal to Village Council.
Task 3.2/Online Engagement
The Village of Tequesta will post updates on the status of the plan on the Village website and existing
social media platforms(i.e. Facebook and Twitter). Kittelson will assist the Village with content for these
updates prior to major outreach activities and coinciding with significant project milestones.
Kitte|son will also create an online, interactive map to collect input regarding destinations, obstacles,
and opportunities. The online map tool will document and categorize comments submitted online and
will be mapped and tabulated for the Village's and PSC review. Kitte|son will also develop one (l)
targeted on|inesun/eyto obtain input on the Plan.The content will be coordinated with the P5C and the
Village.The Village will take the lead on sharing the survey through the Village's social media platforms.
3
Page 126 of 347
Acienda Item
011cusign Envelope ID:gL4DA-AC81-48A9-921C-B5F842E59ED4
KITTLLSON
Exhibit U�
& ASSOCIATES
Task I3/Public Outreach
Kitte|son will prepare materials for and facilitate two community meetings. These meetings could be
workshop-style meetings specific to the Mobility Plan or be coordinated with other local events (e.g.,
festivals, parades, holiday events),with the goal being broad and equitable involvement from residents
and visitors. Kh1e|son anticipates these community meetings to occu r after the Steering Committee#2
and #3; however, the exact format and timing of these meetings will be discussed with the Village
following Notice toProceed.
If workshop-style meeting is chosen, the Village will secure the meeting space and audiovisual
equipment,.advertise the meeting to the public,and invite stakeholders to attend.The Village's project
manager will work with Kitte|son in identifying user groups or populations that should be specifically
accommodated in attending the workshops to-ensure equitable-e-Ingagement.
In the event there are on-going social distances challenges that prevent in-person community meetings,
Kitte|son will prepare an online platform and content for virtual community meetings, including
interactive elements and comment gathering.
Task I4/Plan Adoption
Following Village Staff and Palm Beach TPA's review of the draft Plan,Kittelson will produce and present
the final Comprehensive Mobility Plan to the Village Council for consideration for adoption. The
Village's project manager will ensure the Plan presentation is added to the Village Council agenda
Alternative Community Engagement Activity
Getting residents out on the street is one of the best methods to identify challenges to biking and
walking. Kittelson can design a biking tour in lieu of one of the PSC or community engagement meetings.
Task 3Dalivmnmbles/
° Meeting agenda, meeting minutes and attendance for up to four(4) PSC meetings.
° Online project map,vvebsite, and content for online updates.
° Meeting materials, agendas,and minutes for two(2)community meetings.This can be
replaced with virtual community meeting platforms, asneeded.
° Presentation development and attendance for two(2) presentations for plan adoption.
Task 4: Plan Development (Village ofTequesta)
Task 4.1/ Project Development& prioritizotion
The preliminary project maps will be developed in partnership with the P5[and Village Staff. The maps will
encompass sidewalk and bicycle facility recommendations along segments and intersections for the entire
Village ofTequesta and consider regional connections as vve\|. The Plan will also include recommended
streetscape enhancements, greenvvay corridors, and street connections to those greenvvays. Based on
subsequent public feedback and input from the Steering Committee, Kitte|son will revise the maps and
identify uptoten (lO) priority projects. The priority projects will be identified using feedback from public
meetings,PSC and staff input, as well as other quantitative and qualitative prioritization methods that will be
customized to meet Tequesta's specific goals and objectives. Kitte|son will consolidate this methodology into
a prioritization framework that can be used to refine the priorities overtime.
Recommendations beyond the ten (10) priority projects will be included in the plan development, although
the 10 priority projects will be studied in greater detail. Kittelson will coordinate with the Village and the PSC
to determine the best way to rank the ten (lO) priority projects into short-term and long-term tiers.
4
F»age127 of347
Agenda Item
Mcuaign Envelope m:sCI44+oA~Aoa1-4oAo-9r
KITTELSU71.
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Kitte|son will develop out sheets,visual renderings and planning level estimates of probable cost that do not
include ROW acquisition for the ten (lO) priority projects based on recent regional unit costs for similar
facilities. The cost estimates will be included in the priority project inventory.
Task 4.2/ Policies& Program Recommendations
In addition to the project recommendations, Kitte|son will develop a set of recommendations rooted in
transportation equity for local policies and ordinances related to bicycling and walking, low-speed and gold-
cart vehicles, education )nitiadves, programs, and events to encourage non' motorized travel, and
enforcement efforts. Village of Tequesta staff will assist Kittelson with a review of local land development
regulations and ordinances to explore opportunities for revisions to encourage bikeab|e,vva|kab|e, and low-
speed vehicle friendly development.
Task 43/Imn�rnen�ob�nP�n
� �
Kitte|son will create an Implementation Plan matrix that will detail the P|an's project and program
recommendations and a funding strategy for the implementation of each recommendation. The
Implementation Plan will describe next steps and responsible parties to implement project, program, and
policy recommendations.The Implementation Plan will include:
° Metrics by which the Village can measure progress in achieving the vision of the Mobility Plan
° A section about funding opportunities
° Brief summaryofdesignguideUneresourcesand how to use the m/whenetofindthem
The Implementation Plan will be concise and user-friendly, providing its readers with an easy to digest plan
that is ready for implementation.
Task 40e8vermb/es/
° Cut Sheets) renderings,and Cost Estimates for 10 Priority Projects
" Program Recommendations for Inclusion in the Draft and Final Mobility Plan
" Implementation Plan for Inclusion in the Draft and Final Mobility Plan
Task S: Documentation (Village ofTequeste)
Task S.2/ GISDotubose
Kittelson will create a project file geoclatabase to store newly created GIS data that will include the Mobility
Plan project recommendations. All data will be based on the Village and Palm Beach [ountvs parcel data
and FDOT's roadway data. Kittelson will include the geodatabase in the electronic submittal to the Village of
Tequesta and Palm Beach TPA.
Task 5i2/ Imagery
Kitte|son will provide imagery used in the open houses, presentations,, and the report in the electronic
submittal to the Village ofTequesta and Palm Beach TPA.
Task 53: Prepare Draft and Final Report
In advance of creating the draft Mobility Plan, Kitte|son will produce an outline that will describe the major
elements, sections, and maps to be included. Kitte|son will create the draft report in Adobe |nDosign. Final
reports for public distribution will be converted into .pdfformat and will include an executable table of
contents.
Kitte|son will prepare a draft Mobility Plan for review by the VU|age of Tequesta and the Steering Committee.
5
F»age128 of347
A-qenda Item
----~ '—Envelope—9?444DA-AC81-48A9-921C-B5F842E59ED4 Exhibit B
KITTLLSON
�� ASSOCIATES��
The Village's project manager will collect and consolidate all comments into one master list to provide to
Kittelson. Kittelson will address one (1) round of comments before submitting the draft to Palm Beach TPA.
Following adoption bytheVillage of Tecluesta,Kittelson will provide tothe Villagethree(3)hard copies of the
report and one (l) U3B drive including all report files, presentations, images, and G|S data. |n addition,The
Kitte|snn will provide Palm Beach TPA one (l) US8 drive including all report files, presentations, images, and
GlSdata.
Task S.4/ hnfbgroph/c Plan/Summary—Stondo/oneDocument
Ki1te|son will develop a graphic document that summarizes the P|an's priority recommendations and
implementation strategies. The teem will provide three(3) printed hard copies and will deliver the summary
asaPDF.
Task 5 De0xerables/
• G|S File Geodatabase
° Imagery
° Draft and Final Mobility Plan
° |nfographic
Project Hour Estimate
Planner Planner EngineerfPlanner Technician Planner
Task 4:Plan Development
Task 5:Documentation
5.3 Prepare Draft Et Final Report 6 0 10 22 0 18
TaskiSub-Task&Deliverable Principal Associate Senior Associate Engineer I Analyst
F»age129 of347