26-SQ-XXXSR,_Draft_CEI_Solicitation.docx

RSQ No. 26-SQ-XXXSR

Professional Construction, Engineering, and Inspection Services for the Old Mission Road Safety Improvements (W. Park Avenue to Josephine Street/10th Street)

DO NOT RESPOND TO THIS SOLICITATION VIA THE VENDOR SELF-SERVICE SYSTEM.

Proposals shall only be accepted until 3:00 p.m. on Thursday, XXX, XX 2026. Proposals received after this deadline shall not be accepted. Please see section 4.0, Proposal Requirements for additional information on how to submit your proposal.

1.0 PURPOSE & OVERVIEW

The purpose of this request for statement of qualifications (RSQ) is to select the most qualified firm(s) to provide the requested services. It is anticipated that one (1) firm will be awarded a basic contract to provide the necessary services for a period of two (2) years exercisable at the option of the County.

This solicitation is made in accordance with the provisions of Chapter 287.055, Laws of Florida, known as the Consultants’ Competitive Negotiation Act (CCNA).

2.0 SCOPE OF SERVICE

2.1 BACKGROUND AND GENERAL SCOPE OF SERVICE: The County of Volusia is seeking the services of professional consultants to provide Construction Engineering and Inspection services. The Construction, Engineering, and Inspection (CEI) Consultant shall act as an extension of the County’s staff and coordinate the administration of the contract with the Engineer of Record and the County Staff. The CEI Consultant will administer the construction contract through direct communication with the Contractor and the County’s Construction Administrator on the project.

Old Mission Road is a north/south major urban collector in Volusia County consisting of a two-laned rural crowned section with limited to no shoulders. The existing right-of-way varies from 100 feet to 150 feet. Old Mission Road and West Park Avenue intersection has a multi-use trail that crosses in an east/west direction along the north side of West Park Avenue. This safety improvement project begins south of West Park Avenue and ends at Josephine Street/10 Street (total length of 1.84 miles). The pavement will be widened to the west and transition back to the existing intersections to provide safer connection points. The proposed rural typical section includes two 11-foot travel lanes with 5-foot outside shoulders on both sides and concrete sidewalk on the east side of Old Mission Road. Resurfacing and overbuild will occur along the existing SB and NB travel lanes of Old Mission Road starting at the Church of Christ driveway entrance heading north and terminating just north of the intersection with Josepine Street. The existing roadway pavement from West Park Avenue to south of Eslinger Road will be converted to a multi-use trail using resurfacing and overbuild (Sta 2006+61.29 to Sta 2050+25.73). All driveway lengths will terminate at the right-of-way line.

Eslinger Road intersects Old Mission Road at a skewed angle resulting in multiple traffic crashes. The proposed design of Eslinger Road will add a horizontal curve length of 245 feet near the end of Eslinger Road to create an orthogonal intersection with Old Mission Road. This improvement provides a more perpendicular intersection and improves sight distance.

West Park Avenue and Josephine Street are signalized intersections. New turn lanes were added to improve safety at both intersections with Old Mission Road. New mast arms will be installed at the West Park Avenue intersection. New ped poles were added at the Josephine Street intersection and existing signal strain poles are to remain in place.

The proposed project moves Old Mission Road west and away from the existing ditch, allowing for a new roadside swale on the west side of the roadway for water quality treatment before discharging back into the existing ditch. To reduce ROW impacts on the west side, this project will relocate the existing ditch to the east starting just south of Eslinger Road to Josephine Street within the Oakwood Cove Easement to meet clear zone requirements. Other improvements include providing a left turn lane; a right-turn lane with curb, gutter, and guardrail; and driveway for entrance to Oakwood Cove. Additionally, a proposed residential development - Creekside Reserve will be constructed in the southwest corner of the intersection of Old Mission Road and Eslinger Road.

Utility Coordination will be required with the Utilities Commission – City of New Smyrna Beach (NSBU) regarding an existing gas main that currently runs along the southside of Taylor Road heading east to Old Mission Road then heads south to West Park Avenue and then continues east. Utility Adjustment Plans are included in construction plans. 90% Construction Plans are provided as Exhibit A.

The CEI Scope of Work will consists of the following:

2.1.1. General:

A. The Engineer may furnish a Construction Manager and/or a Field Representative to assist the CEI Consultant in observing the performance of the Contractor’s work. The CEI Consultant will represent the County at the project site as an extension of the Engineer’s staff.

B. It shall be the responsibility of the CEI Consultant to administer, monitor, and inspect the construction such that the Project is constructed in conformity with the Contract Documents and prepare any documentation required by the County, Florida Department of Transportation, or the appropriate permitting agencies. The CEI Consultant shall keep the Engineer informed of all significant activities, decisions, correspondence, reports and other communications related to its responsibilities under this Agreement and seek input from the Engineer as necessary.

C. The CEI consultant shall attend a pre-construction conference. The CEI Consultant shall prepare the meeting agenda and meeting minutes to be reviewed and approved by Volusia County and provide them to all attendees and other appropriate parties within seven (7) calendar days after the preconstruction conference.

D. The CEI services include maintaining the required level of surveillance of the Contractor’s activities, interpreting plans, specifications and special and technical provisions for the Construction Contract, maintaining complete accurate records of all activities and events relating to the Project, and properly documenting all significant Project changes.

E. The CEI Consultant shall observe the Contractor’s work to determine the progress and quality of the work.

F. The CEI Consultant shall identify nonconformities, report significant nonconformities to the Engineer and direct the Contractor to correct such observed nonconformities.

G. All actions performed by CEI representatives in the role of Field Representative will conform to the duties, responsibilities and limitations of such personnel classifications set forth in the Construction Contract.

H. This project is federally funding and the CEI will be responsible to ensure all aspects of the construction and CEI services strictly adhere to the FDOT Local Agency Program (LAP) requirements.

I. CEI will coordinate with FDOT throughout the project prior to, during, and after construction and final close out.

1.1.2 On-Site Inspection:

A. The CEI Consultant shall monitor the Contractor’s on-site construction activities and inspect materials entering the work in accordance with the Contract Documents to determine that the Project is constructed in conformity with such Contract Documents. The CEI Consultant will monitor all off-site activities and fabrication. The CEI Consultant shall keep detailed accurate records of the Contractor’s daily operations and of significant events that affect the construction of the Project.

B. The CEI Consultant shall verify that the Contractor conducts inspections, preparing reports and monitoring the Contractor’s Maintenance of Traffic (MOT) devices. Furthermore, the CEI Consultant shall perform supplemental inspections to ensure that the Contractor’s MOT is in substantial compliance with Contract MOT plan. The CEI Consultant shall review modifications to the MOT plan, including any alternate MOT plan as may be submitted by Contractor, in accordance with the County’s procedures and make recommendation to the Engineer. The CEI Consultant employees assigned to this Project shall be qualified with Advanced or Intermediate MOT. The CEI Consultant and the County are neither responsible nor liable for the Contractor’s MOT.

C. The CEI Consultant shall verify that the Contractor is conducting inspections, preparing reports and monitoring all storm water prevention and erosion control measures associated with the Project. The CEI Consultant shall verify that the erosion control measures are in substantial compliance with the Erosion Control Plan, the NPDES and other permit and contract requirements. The CEI Consultant shall assign at least one individual who has successfully completed the “Florida Stormwater, Erosion and Sediment Control Training and Certification Program for Inspectors and Contractors” to perform these services D. The CEI Consultant shall produce reports, verify quantity calculations and field measure for payment purposes as needed to prevent delays in Contractor operations and to facilitate prompt processing of such information in order for the County to make a timely payment to the Contractor.

E. All field measurements shall be recorded in field books or tabulation sheets in the contract plans by the CEI Consultant. The CEI Consultant shall review the Contractor’s monthly pay application, verify the quantities and make recommendation to the County for payment.

F. The CEI Consultant shall provide manufacturing plant inspections on request by the Engineer.

G. The CEI will keep daily records consistent with the LAP requirements and FDOT requests.

1.1.3 Sampling and Testing:

A. The CEI Consultant shall perform sampling and testing of component materials and completed work in accordance with the Contract Documents. The minimum sampling frequencies are set out in the Contract Documents or as directed by the Engineer. The CEI Consultant shall provide daily surveillance of the Contractor’s Quality Control activities at the Project site and perform the sampling and testing of materials and completed work items that are normally done in the vicinity of the Project.

B. Laboratory testing, including but not limited to Proctors, Concrete Cylinder Breaks and LBR’s shall be collected by the CEI Consultant in the field in the frequency set forth in the Contract Documents or as directed by the Engineer and delivered to CEI Consultants Construction Materials Testing (CMT) laboratory. Laboratory results as provided by the CMT firm shall be utilized by the CEI Consultant in acceptance and further testing of the project, or in verification of CQC test results as required by the Construction Contract Documents.

C. The CEI Consultant shall be responsible for job control samples determining the acceptability of all materials and completed work items on the basis of either test results or verification of a certification, certified mill analysis, DOT label or DOT stamp.

D. Sampling, testing and laboratory methods shall be as required by the Construction Contract Documents or as directed by the Engineer.

E. The CEI Consultant shall maintain a material testing log of all quality control and verification testing information.

2.1.4 Engineering Services:

A. The CEI Consultant shall provide assistance to County staff as needed in collecting and maintaining records and reports pertaining to contract requirements.

B. The CEI Consultant shall analyze issues that arise on the Project and proposals submitted by the Contractor, work to resolve such issues and process the necessary documentation. If a change order is required, the CEI Consultant shall assist Volusia County in negotiating the contract change and provide a recommendation to the Engineer.

C. The CEI Consultant shall review all design changes made by the Design Engineer and analyze any impacts to the project schedule and/or cost. The CEI Consultant shall provide a written recommendation to the Engineer resulting from this analysis.

D. The CEI Consultant shall review Contractor’s CPM schedule, the appropriate shop drawings and any other appropriate submittals submitted by the Contractor in a timely manner and make recommendation to the Engineer, who shall Approve, Approve as Noted or Reject.

E. The CEI Consultant shall maintain a log of submittals and route submittals to the appropriate entity as needed.

2.1.5 Resident Compliance Services:

A. The CEI Consultant shall provide a Resident Compliance Specialist to monitor the contractor’s compliance with federal requirements including collecting and maintaining records and reports pertaining to compliance requirements.

B. The RCS shall enter information into the FDOT EOC system including wage rate interviews, MBE/DBE opportunities, and all other federal compliance requirements.

2.2 QUALIFICATIONS/CERTIFICATIONS: The County of Volusia is seeking the services of a professional consultant to provide construction, engineering, and inspection (CEI) services. This scope of services describes the CEI services required for contract administration, inspection, materials sampling and testing coordination for the project.

· Pre-qualifications of CEI Consultant:

a) The CEI Consultant and all of its sub-consultants shall be pre-qualified in the applicable FDOT Work Groups for which services are proposed to be provided:

· 10.1: Roadway CEI

· The following is a brief description of the anticipated level of staffing and minimum qualifications/experience of the staff for these services. In evaluating this project, the preferred consultant will determine the best suitable staff in balance with the most cost-effective solution. This is the anticipated staffing for this project:

a) One (part time) Senior Project Engineer:

· Shall be a graduate civil engineer and possess a professional engineering license in the State of Florida and have at least 6 years of construction and engineering experience in Florida.

· Required Qualifications and Certifications:

· CTQP Quality Control Manager

· Florida Advanced MOT

b) One (part time) Project Administrator:

· Shall be a high school graduate and have at least fifteen (15) years’ experience in road and /or bridge construction inspection, ten (10) years of which shall have been as an administrator or project engineer, directly responsible for field operations of Senior Inspectors and Inspectors.

· Required Qualifications and Certifications:

· CTQP CTQP Quality Control Manager

· CTQP Final Estimates Level II

· FDEP Stormwater Management Inspector

· Florida Advanced MOT

c) One Senior Roadway Inspector:

· Shall be a high school graduate and have at least fifteen (15) years' experience in road construction.

· Required Qualifications and Certifications:

· CTQP Concrete Field Inspector Level I

· CTQP Earthwork Construction Inspection Level I and II

· CTQP Asphalt Paving Level I and II

· CTQP Drilled Shaft Inspection

· Nuclear Radiation Safety

· FDEP Stormwater Management Inspector

· Florida Intermediate MOT

d) One (full time) Inspector:

· Shall be a high school graduate and have a minimum of one (1) year experience in highway or bridge construction inspection and materials testing plus the following:

· Required Certifications:

· ACI Level I

· CTQP Earthwork I

· Concrete Specifications

· Nuclear Radiation Safety

2.3 EVALUATION METHOD: The County will appoint a committee consisting of department staff to evaluate the proposals and to make recommendation to the County Council. The County will be the sole judge of its own best interests, the proposals, and the resulting contract. The County’s decisions will be final. Award will be made to the proposal, which presents the best value to the County based on the entire evaluation process and all the information gathered. The County may require the short-listed firm (s) to do an oral presentation or have discussions by proposed team relative to their specific experience on similar projects. The selection process shall be in accordance to CCNA process. Although, each member independently examines the proposals prior to the meeting, the short-listing or selection of the firms is determined by the consensus of the committee at the meeting.

Note: Respondents are prohibited from contacting any of the committee members, other than the Procurement analyst prior to the recommendation of award from the committee.

2.4 EVALUATION CRITERIA: The following criteria will be used in the evaluation of the proposals:

A. Qualifications, experience and project approach:

1. Qualifications/Certifications (Section 2.2 of Solicitation); Litigation

2. Experience/Reference:

· Experience in providing similar services / references, including timeliness of performance; in order to evaluate past performance, all proposer are required to submit three (3) references illustrating a minimum of five (5) years’ relevant service that are the same or similar to the magnitude of this RSQ.

· Experience in providing similar projects

· Experience in providing services for Local Agency Participation projects

3. Project Approach

· Overall project methodology/approach to support the needs and objectives of the project.

4. Financial Stability

· All Respondents shall submit a statement of financial stability and shall be prepared to supply a financial statement upon request, preferably a certified audit of the last available fiscal year.

5. Prequalification’s of CEI Consultant (per Section 2.2)

· The CEI Consultant and all of its sub-consultants shall be pre-qualified in the applicable FDOT Work Groups for which services are proposed to be provided:

• 10.1: Roadway CEI

Note: The County reserves the right to evaluate, prior to making an award, current financial statements and data from the applicants, the ability to comply with required schedule, past record of integrity and record of performance.

B. ASSESSMENT: The committee will evaluate each proposal against the requirements of the solicitation using the following:

Strengths: Those areas in which the proposal exceeds the County’s requirements.

Weaknesses: Those areas where the proposal lacks soundness or effectiveness which could prevent fully successful performance of the contract.

Risk/Deficiencies: Those areas where the proposal fails to meet the County’s requirements.

2.5 QUESTIONS/EXCEPTIONS: It is incumbent upon each respondent to carefully examine this solicitation’s specifications, scope of work/service, and terms and conditions. Questions and exceptions concerning any section of this solicitation and Contract (see Exhibit “A”) shall be submitted in OpenGov. Questions and exceptions shall be submitted and received no later than fourteen (14) days before the closing date. Thereafter, no further questions or exceptions will be accepted or reviewed by the County and respondents’ right to submit questions or exceptions will terminate and any questions or exceptions not previously made shall be deemed waived.

If it becomes necessary for the County to revise or clarify any part of this ITB the solicitation will be updated on the OpenGov platform by one of the following methods: the posting of answers to questions received; the revision of solicitation language/documentation. It is each Bidder’s responsibility to check the OpenGov web site for any posted answers, and/or solicitation changes at https://procurement.opengov.com/portal/volusia. Each Respondent shall ensure that they have reviewed all questions & answers and/or changes to this ITB before submitting their proposal. By submitting a response, Respondents acknowledge that they have reviewed all posted answers, and/or solicitation changes prior to the posted closing date/time.

Answers posted by the County, and/or changes made to the solicitation shall become a material part of this solicitation.

Construction Services: Means all labor, services, and materials provided in connection with the construction, alteration, repair, demolition, reconstruction, or any other improvements to real property. The term "construction services" does not include Contracts or work performed for the Department of Transportation.

Consultant: The person with education and/or experience which uniquely qualifies him or her to perform a specialized service for the County.

Consultant's services: Those services within the scope of work of this solicitation that are in an advisory nature to support policy development, decision-making, administration, or management of the government; normally provided by persons and/or organizations considered to have prerequisite knowledge or special abilities not generally available in the government.

Contract: The document resulting from this solicitation between the County and the awarded Respondent, including this RSQ, and the awarded Respondent’s response along with any written addenda and other written documents, which are expressly incorporated by reference.

Contractor: That person or entity, including employees, servants, partners, principals, agents and assignees of the person or entity that has submitted a Bid or proposal for the purpose of obtaining business with the County to provide the product and/or services set forth herein.

Contract Administrator: The Director of Purchasing and Contracts or designee shall serve as Contract Administrator. The Contract Administrator shall be responsible for addressing any concerns within the scope of the Contract. Any changes to the resulting Contract shall be done in writing and authorized by the Director of Purchasing and Contracts.

County: Shall mean the County of Volusia (a body corporate and politic and a subdivision of the State of Florida).

County’s Project Manager(s): The Project Manager(s) have responsibility for the day to day administration of the resulting Contract for the County and will be designated prior to award of Contract.

Day: The word “day” means each calendar day or accumulation of calendar days.

Director: The Director is the Director of Purchasing and Contracts for the County of Volusia.

Person or Persons: An individual, firm, partnership, corporation, association, executor, administrator, trustee or other legal entity, whether singular or plural, masculine or feminine, as the context may require.

Proposal: The document submitted by the Consultant in response to a formal solicitation used to determine if the Consultant is highly qualified.

Protest: See process at www.volusia.org/purchasing.

Respondent: That person or entity, including employees, servants, partners, principals, agents and assignees of the person or entity that submits a proposal for the purpose of obtaining a Contract with the County for the provision of the services requested in the RSQ.

Respondent’s Project Manager: The Project Manager has responsibility for administering this Contract for the Respondent and will be designated prior to execution of the Contract.

3.2 PROPOSED SCHEDULE:

3.3 E-Verify. The Consultant covenants and agrees to the following provisions, as required by law:

3.3.1 If and to the extent the Agreement meets the criteria set forth at 48 C.F.R. § 52.222-54(e), the criteria of 48 C.F.R. § 52.222-54 are hereby incorporated by reference into this Agreement as if fully set forth herein.

3.3.2 Consultant and any of Consultant’s SubConsultants shall register with and utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility and work authorization status of all new employees hired by Consultant (or Consultant’s SubConsultants) on or after the effective date of this Agreement and thereafter during the remaining term of the Agreement.

3.3.3 In the event Consultant enters into a subcontract, Consultant shall require, via written contract, the SubConsultant agree to: (i) register with and utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired on or after the effective date of the subcontract and thereafter during the remaining term of the subcontract; and (ii) provide Consultant with an affidavit stating that the SubConsultant does not employ, contract with, or subcontract with an unauthorized alien. Consultant shall maintain a copy of such affidavit for the duration of this Agreement or the subcontract, whichever is longer. The Consultant shall provide a copy of such affidavit to the County before the SubConsultant begins any work associated with the Agreement. If the County has a good faith belief that a subConsultant knowingly violated the requirements set forth in this Section 3.3 or Sections 448.09(1) or 448.095 of the Florida Statutes, but also has a good faith belief Consultant otherwise complied with this Section 3.3 and applicable law, the County shall promptly notify Consultant and order Consultant to immediately terminate its contract with the SubConsultant. Failure to comply with said order shall constitute a material breach of this Agreement.

3.3.4 If the County has a good faith belief Consultant has knowingly violated, or if Consultant is found to have violated, this Section 3.3; Section 448.09(1), Florida Statutes; Section 448.095, Florida Statutes; or the presidential Executive order and subsequent Federal Acquisition Regulation (FAR) rule requiring federal Consultants to use E-Verify, if applicable, then the following shall be true: (i) such violation shall be a material breach of this Agreement by Consultant; (ii) Consultant shall indemnify, defend, and hold harmless the County from any resulting costs or expenses, including fines or penalties levied by a government agency and the County’s loss or repayment of grant funds; (iii) the County may terminate this Agreement immediately and without penalty and such termination shall not be or be considered a breach of this Agreement; and (iv) Consultant shall be liable for any additional costs incurred by the County as a result of the termination of the Agreement. Consultant acknowledges and understands that if the County terminates this Agreement in accordance with this Section 3.3, Consultant shall be ineligible for award of a public contract for at least 1 year after the date on which the Agreement was terminated.

3.4 PUBLIC PROPOSAL OPENING:

A. Pursuant to Section 119.071, Florida Statutes, proposals (“responses”) and the completed tabulation will be available for inspection within thirty (30) days of response opening. Contact the Purchasing and Contracts Office during regular business hours to inspect responses and the completed tabulation or, for inspection of the completed tabulation, go to https://vcservices.vcgov.org/bidlistnet1/. The foregoing notwithstanding, if, prior to the County’s making responses available for inspection, the County rejects all responses and concurrently provides notice of the County’s intent to reissue the solicitation, then the County may avail itself of the exemption for rejected responses set forth in Section 119.071(1)(b)(3), Florida Statutes, to the extent such section may apply.

B. In accordance with the American Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing a special accommodation to participate in the proceedings, or an interpreter to participate in any proceedings, should contact the County’s ADA Coordinator at 386‑248‑1760 for assistance, at least two (2) business days before any meeting date.

C. Assisted listening system receivers are available for the hearing impaired, and can be obtained by contacting the County’s ADA Coordinator at 386‑248‑1760.

D. Read the full ADA Notice under The American with Disabilities Act (Title II), at http://www.volusia.org/core/fileparse.php/4175/urlt/ADANotice.pdf.

E. Read the County of Volusia Grievance Procedure under The Americans with Disabilities Act (Title II).

3.5 PUBLIC RECORDS LAW: Pursuant to section 119.0701(2)(a), Florida Statutes, the County is required to provide Consultant with this statement:

IF THE CONULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: 386-736-5935, purchasing@volusia.org, by mail at 123 W. Indiana Ave. RM 302, DeLand, FL 32720.

3.5.1 By entering into this Contract, Consultant acknowledges and agrees that any records maintained, generated, received, or kept in connection with, or related to the performance of services provided under, this Contract are public records subject to the public records disclosure requirements of section 119.07(1), Florida Statutes, and Article I, section 24 of the Florida Constitution. Pursuant to section 119.0701, Florida Statutes, any Consultant entering into a contract for services with the County is required to:

A. Keep and maintain public records required by the County to perform the services and work provided pursuant to this Contract.

B. Upon request from the County’s custodian of public records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law.

C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if the Consultant does not transfer the records to the County.

D. Upon completion of the Contract, transfer, at no cost, to the County all public records in the possession of the Consultant or keep and maintain public records required by the County to perform the service. If the Consultant transfers all public records to the County upon completion of the Contract, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the Contract, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County’s custodian of public records, in a format that is compatible with the information technology systems of the County.

E. Requests to inspect or copy public records relating to the County’s Contract for services must be made directly to the County. If Consultant receives any such request, Consultant shall instruct the requestor to contact the County. If the County does not possess the records requested, the County shall immediately notify the Contractor of such request, and the Consultant must provide the records to the County or otherwise allow the records to be inspected or copied within a reasonable time.

F. Consultant acknowledges that failure to provide the public records to the County within a reasonable time may be subject to penalties under section 119.10, Florida Statutes.

G. Consultant further agrees not to release any records that are statutorily confidential or otherwise exempt from disclosure without first receiving prior written authorization from the County.

3.5.2 Consultant shall indemnify, defend, and hold the County harmless from and against any and all claims, damage awards, and causes of action arising from the Consultant’s failure to comply with the public records disclosure requirements of section 119.07(1), Florida Statutes, or by Consultant’s failure to maintain public records that are exempt or confidential and exempt from the public records disclosure requirements, including, but not limited to, any third party claims or awards for attorney’s fees and costs arising therefrom. Consultant authorizes County to seek declaratory, injunctive, or other appropriate relief against Consultant from a Circuit Court in Volusia County on an expedited basis to enforce the requirements of this section.

3.6 WAIVER: The County of Volusia reserves the right to reject any or all proposals, to waive informalities and to accept all or any part of any proposal as may be deemed to be in the best interest of the County.

3.7 AWARD: The County reserves the right to award the contract to the respondent(s) that the County deems to offer the most responsive and responsible proposal(s), as defined elsewhere in this solicitation. In addition, the County has the sole discretion and reserves the right to cancel this RSQ, to reject any/all proposals, to waive any/all informalities and/or irregularities, or to re‑advertise with either the identical or revised specifications, if it is deemed to be in the best interest of the County to do so. Nothing prohibits the County from rejected/rebidding when responses exceed budget and the County must change the solicitation to lower costs. The County also reserves the right to make multiple awards based on experience and qualifications or to award only a portion of the items and/or services specified, if deemed to be in the County’s best interest.

3.8 COMPLICAN WITH LAWS AND REGULATIONS: The Contractor shall be responsible to know and to apply all applicable federal and state laws, all local laws, ordinances, rules, regulations (including but not limited to the following statutes: Americans with Disabilities Act (ADA),Titles I, II and III of the ADA; Federal Immigration Reform and Control Act of 1986 (as amended); and Title VII of the Civil Rights Act of 1964 (as amended), and all orders and decrees of bodies or tribunals having jurisdiction or authority which in any manner affect the work, or which in any way affect the conduct of the work. Contractor shall observe and comply with all such laws, ordinances, rules, regulations, orders, and decrees for all work or services performed under this Agreement. The Contractor shall indemnify, defend and hold harmless the County and all its officers, agents, servants, or employees against any liability or claim made against the County arising from or based on the violation of any such law, ordinance, rule, regulation, order, or decree caused or committed by Contractor, its representatives, Subcontractors, sub-consultants, professional associates, agents, servants, or employees.

Pursuant to Section 287.05701, Florida Statues, vendors are hereby notified that:

· The County shall not request documentation of or consider a vendor's social, political, or ideological interests when determining if the vendor is a responsible vendor; and

· The County shall not give preference to a vendor based on the vendor's social, political, or ideological interests.

3.9 INSURANCE REQUIREMENTS: The Consultant shall purchase and maintain at its own expense, during the term of this Contract the types and amounts of insurance with limits no less than those shown on Exhibit B, in the form and from companies satisfactory to the County.

3.10 INDEMNIFICATION, LIMITATION OF LIABILITY AND REMEDIES:

3.10.1 The Contractor shall indemnify and hold harmless the County, including its districts, authorities, separate units of government established by law, ordinance or resolution, partners, elected and non-elected officials, employees, agents, and volunteers, and any party with whom the County has agreed by contract to provide additional insured status from and against all liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Contractor or its subcontractors, agents, employees, or any persons employed or utilized by the Contractor in the performance of the Contractor’s obligations under this Contract.

3.10.2 In all claims against the County or any of its public officials (elected and appointed), successors and successors in interest, officers, agents, attorneys, and employees by any employee of Consultant, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, this indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Consultant, sub-consultant or Sub-subconsultant under workers' compensation acts, disability benefit acts or other employee benefit acts.

3.10.10 Sovereign Immunity. The County expressly retains all rights, benefits and immunities of sovereign immunity in accordance with section 768.28, Florida Statutes (as amended). Notwithstanding anything set forth in any section of this Contract to the contrary, nothing in this Contract shall be deemed as a waiver of immunity or limits of liability of the County beyond any statutory limited waiver of immunity or limits of liability which may have been or may be adopted by the Florida Legislature and the cap on the amount and liability of the County for damages, regardless of the number or nature of claims in tort, equity, or contract, shall not exceed the dollar amount set by the legislature for tort. Nothing in this Contract shall inure to the benefit of any third party for the purpose of allowing any claim against the County, which claim would otherwise be barred under the doctrine of sovereign immunity or by operation of law.

3.10.11 If Consultant should become entitled to claim damages against the County for breach of contract arising from a Contract, County will be liable only for the amount of Consultant’s actual direct damages up to the amount of a Contract that is the subject of the claim. In no event shall either Party be liable to the other for any incidental, indirect, special, punitive or consequential damages even if the Party knew or should have known about the possibility of such damages for violations of any provision of a Contract.

3.11 CONCERNING SUB-CONSULTANTS AND SUB-SUBCONSULTANTS:

3.11.1 Consultant shall not employ any sub-consultant, or Sub-subconsultant other person or organization of against whom the County may have reasonable objection, nor shall Consultant be required to employ any sub-consultant or Sub-subconsultant against whom it has reasonable objection. Consultant shall not make any substitution for any sub-consultant or Sub-subconsultant who has been accepted by the County without the County’s approval.

3.11.2 County's disapproval or requirement of removal or replacement of Consultant ‘s employee or sub-consultant or Sub-subconsultant shall be deemed for lawful reasons if in County’s reasonable judgment, such Consultant‘s employee or sub-consultant or Sub-subconsultant poses a threat or causes harm to the health, welfare, or safety, or morale of the County or its agencies, personnel or property or who fails any drug test administered in connection with a Contract, or who has been convicted of a felony or a misdemeanor involving “moral turpitude” or has been released or dishonorably discharged or separated under conditions other than honorable under other than honorable conditions from any of the Armed Forces of the United States.

3.11.3 Consultant shall be fully responsible for all negligent acts and omissions of its sub-consultant or Sub-subconsultant and of persons directly or indirectly employed by them and of persons for whose negligent acts any of them may be liable to the same extent that it is responsible for the negligent acts and omissions of persons directly employed by it. Nothing in the Contract Documents shall create any contractual relationship between any sub-consultant or Sub-subconsultant and the County or any obligation on the part of the County to pay or to see to the payment of any moneys due any sub-consultant or Sub-subconsultant, except as may otherwise be required by law. County may furnish to any sub-consultant or Sub-subconsultant to the extent practicable, evidence of amounts paid to Consultant on account of specific work done in accordance with the schedule of values.

3.11.4 Consultant agrees to bind specifically every sub-consultant to the applicable terms and conditions of the Contract Documents and the terms and conditions of Definitions, Order of Precedence, Scope of Work and Local Government Policies of a Contract for the benefit of the County.

3.11.5 The Consultant shall require all sub-consultants or Sub-subconsultants or outside associates employed in connection with the performance of a Contract to comply fully with the terms and conditions of a Contract between the County and the Consultant.

3.11.6 Any sub-consultants or Sub-subconsultants and/or outside associates required by the Consultant in connection with the services covered by the Contract will be limited to such individuals or firms as are specifically identified for the Project assigned under a Contract. Any substitution of such, sub-consultants, Sub-subconsultants or associates will be subject to the prior written approval of the County Project Manager.