8-RFQ 2027005 for MPO General Consulting Services.pdf

Request for Qualifications

Project Name: MPO General Planning Consultant

RFQ #: 2027005

Pre-Solicitation Meeting: N/A

RFQ Due Date: October 2, 2026 RFQ Due Time: 2:00 P.M.

All responses must be submitted electronically through the Bonfire platform (https://indianriver.bonfirehub.com). Hard copy submittals are not accepted.

Unless otherwise noted, SOQs will be publicly opened in room B1-303, 1800 27th Street, Vero Beach, FL 32960.

Initial screening, ranking, final ranking, and negotiations will be in accordance with the criteria specified within this solicitation. The MPO Board reserves the right to accept or reject any and all submittals and to waive any and all informalities.

Cone of Silence. Potential respondents and their agents must not communicate in any way with the MPO Board, County Administrator or any MPO or County staff other than Procurement personnel in reference or relation to this solicitation. This restriction is effective from the time of RFQ issue until the MPO Board meets to authorize final award. Such communication may result in disqualification.

https://indianriver.bonfirehub.com/

2027005 RFQ For MPO General Consulting Services

Scope of Services

I. PURPOSE:

The Indian River County MPO (“MPO”) seeks a Consultant or Consultants to provide general transportation planning services. The Consultant(s) will assist MPO staff in the development of studies, policy documents, and plans. The Consultant(s) will provide valuable technical support and review other studies or activities deemed of importance to the MPO. The work involves a variety of technical, graphical, study management, product review and public involvement activities. The Consultant(s) will serve as an extension of the MPO staff in this work and will minimize the MPO's need to apply its own resources to the completion of these transportation planning tasks.

The services outlined in this Scope of Services will be accomplished using MPO Board approved Work Orders, and a separate, more detailed Scope of Services for each. The MPO will have sole discretion for assigning any specific service(s) to any Consultant(s) retained by the MPO as a General Planning Consultant(s) (GPC).

Once the selection process is complete, the MPO intends to contract with the selected General Planning Consultant(s) for a period of three (3) years, with the option to extend the contract for up to two (2) additional years.

Current GPCs are Alfred Benesch and Company, Kimley-Horn and Associates, Marlin Engineering, Inc., and S&ME Inc., with the current contract term ending on December 13, 2026.

II. SCOPE OF SERVICES

The Consultant(s) selected may be required to perform the following types of activities under the terms of this agreement.

A. Short & Long Range Transportation Planning/Corridor Analyses and Sub-area Analyses

The consultant(s) may be required to develop Long and Short Range Transportation Plans, Analyses, and Studies. Subtasks required of these analyses may include:

1. Data collection, GIS database development, and existing conditions analysis

2. Deficiency identification and strategy development

3. Future condition forecasts

4. Impact assessment of proposed improvements on neighborhoods and adjacent land uses (consistent with FDOT’s Efficient Transportation Decision Making methodology, or ETDM)

5. Long Range Transportation Plan development

6. Planning for consistency with MAP-21/FAST Act/IIJA provisions including

Performance Measures

7. Land Use and Transportation coordination studies, including vacant land, population, and development projections and production and attraction balance studies.

8. Regional Long Range Planning studies

B. Non-Motorized Transportation Planning– The consultant(s) may be required to perform non-motorized transportation project planning and studies:

1. Bicycle, Pedestrian and Greenways Plans and Studies

2. Automated Bicycle and Pedestrian AADT Collection studies

3. Pedestrian Safety Action Plans

4. Multi-Modal Quality and Level of Service (MMQLOS) Analysis

5. Bicycle and Pedestrian Facility Inventory and Database Management

C. Transit Planning - The consultant(s) may be required to perform the following transit planning tasks:

1. Major and Minor TDP Updates

2. Transit Quality of Service Report Development

3. Transit Route and Segment Evaluation

4. Transit network development and mode-choice modeling

5. Ridership and Operator Surveys

6. Origin-Destination mapping

7. Transportation Disadvantaged Analysis

8. Public Transportation Agency Safety Plans

D. Transportation Planning Model Calibration and Sub-Area Modeling The consultant(s) may be required to perform a number of tasks in support of the MPO’s Travel Demand Forecast Modeling efforts using the FDOT-adopted Travel Demand Forecasting Model standard platform.

Activities to be undertaken may include:

1. Initial network and model development and validation activities

2. Network changes, background data, and zonal boundary changes

3. Model calibration and adjustment

4. Socio-economic data development

5. Scenario modeling for major new developments, proposed land use changes, or changes to proposed transportation projects

6. Small-area and sub-area model development and calibration

7. Air-quality modeling and analysis

E. Traffic Engineering and Operational Studies – Appropriate activities to be performed by consultant(s)s on an as-requested basis may include:

1. Signal Timing study development

2. Traffic Count, Vehicle Classification, or Delay study development

3. System Condition Inventory development

4. Incorporating Autonomous, Connected, Electric, and Shared (ACES) Vehicle studies into the planning process

5. Level of Service determination

6. Crash Data System Development and Analysis

7. Access Management Classification and Re-classification Study development

8. Design, Permitting, and Environmental Studies

9. Safety and Security studies

F. Public Participation Activities – These activities are undertaken to ensure that the MPO's public involvement process meets all federal and state regulations and provides opportunities for a well-informed public to contribute input into the transportation planning and decision-making processes. The following sub-tasks may require skills that would be otherwise unavailable to the MPO or inefficient to procure on a permanent basis:

1. Website development and maintenance

2. Newsletter, fact sheet, direct mail, PSA, brochure, and advertisement design and layout

3. MPO Database development and maintenance

4. Public workshop or small group meeting preparation and staffing

5. Public Opinion Poll and Survey design

6. MPO Public Involvement effort evaluation

7. Visualization and Graphics, including Computer Simulation development

8. Other activities contained in the MPO Public Participation Plan

G. Comprehensive Plan and Analysis Reviews - Consultant(s) services are appropriate to review comprehensive plan amendments and perform analysis for comprehensive plan updates. Specific Comprehensive Plan review and analysis activities may include:

1. Review of local comprehensive plans and plan amendments for consistency with MPO plans

2. Review of local comprehensive plans and plan amendments for consistency with updated federal and/or state guidance and legislation

3. Analysis of local comprehensive plan amendment proposals for impacts to the transportation system in Indian River County

4. Development of charts, graphs, technical studies, and other work products that support local comprehensive plan development activities

H. Review of Other Planning Studies - General Planning Consultant(s) may be engaged to review specialized transportation studies submitted by local governments, the Florida Department of Transportation, private developers, and other agencies. Transportation Study Review activities may include:

1. Review of study methodology

2. Review of modeling assumptions

3. Review of study data assumptions and analysis, including trip generation rates, pass-by and internal capture rates, system capacity assumptions, traffic assignments, and other components of the analysis

I. Congestion Management Process (CMP) Updates – General Planning Consultant(s)s may be required to analyze congested corridors and identify improvements for inclusion in the MPO’s Transportation Improvement Program (TIP) as part of the MPO’s annual Congestion Management Process. The CMP requires expertise in transportation planning and operations and may involve the following sub-tasks:

1. Network Development, Review and Modification

2. System Trends and Conditions Analysis

3. Strategy Identification and Evaluation

4. Corridor Screening Criteria Development

5. CMP Project Identification

6. Annual State of the System Report Development

J. Special Project Planning Studies – The consultant(s) may be required to perform various studies, analysis, and tasks that supports another MPO work product. These projects may be either one-time or continuing tasks that are of special interest to residents within the urbanized area, and may include:

1. Mobility Zone plan development

2. Traffic Systems and Management Operational (TSMO) data collection and studies

Other mobility studies, as identified by the MPO

3. Other Project Studies, as identified by the MPO

4. Economic market analysis

5. Freight and Goods Movement Studies

6. Intermodal Systems Evaluation and Planning, Major Modal Hub access and planning

(i.e. Airport, Transit and Hubs)

7. Design, Permitting, and Environmental Studies (not PL fund eligible)

8. Continuity of Operations and Contingency Plans

9. Traffic Impact Fee Analysis

10. Land Use and Transportation coordination studies, including vacant land, population, and development projections and production and attraction balance studies

11. High-Speed, Regional, Commuter, and Freight Rail Planning studies and Rail Impact studies

12. Post-Census or New Highway Authorization Bill MPO Administrative, Performance

Monitoring, and Compliance Studies

13. Support with applying for and writing grants

III. RESPONSIBILITIES OF THE INDIAN RIVER COUNTY MPO

The Indian River County MPO will furnish, without charge, the following services and data to the Consultant(s) for the performance of services:

A. Provide all criteria and full information as to the Indian River County MPO's requirements for

Consultant(s) services, including objectives, constraints, budgetary limitations, and time restraints.

B. Furnish drawings, specifications, schedules, reports and other information prepared by and/or for the Indian River County MPO by others which are available to the Indian River County MPO and which the Indian River County MPO considers pertinent to the Consultant’s responsibilities, as described herein.

C. Furnish available traffic and planning data.

D. Furnish the latest version of the Indian River County MPO Travel Demand Model, including all current networks and databases necessary to run the model.

IV. SUBCONTRACTING

Services assigned to subconsultant(s) must be approved in advance by the Indian River County MPO.

The subconsultant(s) must be qualified by the Indian River County MPO to perform all work assigned to them.

Submittal Instructions

Information to Be Submitted: SOQs shall be uploaded in Euna Bonfire as a single, searchable pdf file, and organized as follows:

a. Firm overview - Describe resources; length of time in business; general qualifications

b. Qualifications of staff that will be assigned to the MPO’s projects – Submit a staffing plan, including types of positions, staff availability, and depth of resources. Provide experience of proposed staff who will work as general planning consultant(s), to include experience level as project manager and experience on relevant MPO projects.

If desired, submit no more than one page resumes/biographies per staff member. Only submit resumes/bios for staff who will be actively involved in work with the MPO.

c. Firm’s related experience – Discuss the Firm’s relevant experience with MPO work products and planning documents. Provide examples of how your firm has applied innovation in approaches to MPO projects and studies.

d. References – Provide relevant references for related work and submit the agency name, contact name, telephone and email, dates of service and a description of the work completed. Submit no less than three and no more than ten. References may be a table, or may be project descriptions of no more than one page in length each.

Respondents are instructed to complete and submit the following as attachments in Euna Bonfire, where indicated:

1. RFQ Compliance Form

2. Sworn statement on Disclosure of Relationships as per Section 105.06 of the Indian River

County Code

3. Certification Regarding Prohibition Against Contracting with Scrutinized Companies

4. Certification regarding lobbying

5. Certification regarding debarment

6. Anti-Human Trafficking Affidavit

7. Foreign Entity Ownership Affidavit

8. Requested edits to MPO’s sample agreement

9. 5-year litigation history

There is no page limit, however, please consider the committee’s limited time and the need for SOQs to be concise. Images of licenses and certifications are not desired. Please provide only information relevant to the requested services. A single page cover letter may be included, but is not requested or required.

SOQs should not be marked “confidential”, “trade secret” or the like. Any information submitted that is exempt from disclosure, in accordance with Florida Statute, MUST be submitted as a separate file, and include the reference in Florida statute that authorizes the County to withhold that specific information from public record requests. The County reserves the right to not consider SOQs containing excessive exempt material, at the County’s sole interpretation. This includes submittals summarily marked as exempt, confidential, or the like.

Method of Selection: The MPO shall convene a Selection Committee of which the responsibility shall be as follows:

a. Each Committee member shall independently review and evaluate each submittal by assigning a number of points for each criterion, as established in the solicitation, and then totaling the number of points for all criteria for each firm.

b. As a "Committee of the whole", develop a combined ranking order of all Submittals meeting minimum qualifications. The ranking of firms shall be done in the following manner:

1. The total number of points received by each firm from all Committee members shall be totaled and divided by the number of Committee members, to produce an average score.

2. The firm receiving the highest average score shall be ranked the # 1 firm, and the process repeated until all firms have been ranked according to their average score.

3. In the event of a tie, the ranking of tied firms shall be determined by consensus scoring, based on discussion on the tied firms among the committee.

4. After the initial ranking is established, the Committee may discuss the scores and their reasons behind them, and each member may modify their ranking or scores of firms accordingly until the Committee is satisfied with the rankings.

5. Supplemental information may be requested during the ranking process, and committee members may modify their ranking of firms, based on the additional information received.

6. After interviews, and based upon information learned during the interviews, each Committee member will rank the firms in order of preference and a consolidated final Committee ranking established.

7. The evaluation process shall continue until the Committee declares the rankings final.

c. The MPO may, solely at its own option, seek additional Submittals with this or a similar Submittal in the event the MPO, solely at its own option, determines that the quantity and/or quality of Submittals received is insufficient to meet the MPO's needs and/or that award of a contract(s) arising from this RFQ would not be in the public interest.

d. The committee will proceed with negotiations with the firms identified in the final rankings as the top ranked firms. Should negotiations with the top ranked firms fail, the committee will negotiate with subsequently ranked firms until a final recommendation of award is determined.

e. The Indian River County MPO Board possesses sole authority to award a contract or contracts for the services sought herein.

EVALUATION CRITERIA EVALUATION POINTS

MAXIMUM

1. Firm general qualifications (section a) 25

2. Team/staff qualifications and experience (section b) 30

3. Firm’s related experience (section c) 30

4. References (section d) 15

TOTAL 100

*In determining whether a firm is qualified, the Committee shall consider such factors as the ability of professional personnel; whether a firm is a certified minority business enterprise; past performance;

willingness to meet time and budget requirements; location; recent, current, and projected workloads of the firms; and the volume of work previously awarded to each firm by the agency, with the object of effecting an equitable distribution of contracts among qualified firms, provided such distribution does not violate the principle of selection of the most highly qualified firms.

FDOT Approval: Any and all contract award(s) shall have the prior review and approval of the Florida Department of Transportation (FDOT) in accordance with paragraph 12.0 of the Joint Participation Agreement for FHWA PL Funding. The FDOT reserves the right to review the contracts and qualifications of any Consultant or contractor and to approve or disapprove the employment of the same. Contracting will be in accordance with the requirements of 23 CFR Part 172 and Attachment O to OMB Circular No. A-102. Where the project involves a Consultant contract for planning, engineering, architectural or surveying services, the Indian River County Metropolitan Planning Organization shall comply with the provisions of Section 287.055, Florida Statutes, known as the Consultants' Competitive Negotiation Act.

Equal Opportunity Compliance/Bidder Opportunity List: Federal law requires states to maintain a database of all firms that are participating or attempting to participate in DOT-assisted contracts. To assist the Department in this endeavor, consultants should have already submitted their Bid Opportunity List through the Department’s Equal Opportunity Compliance System found at the following link:

(https://fdotwp1.dot.state.fl.us/EqualOpportunityCompliance/Account.aspx/LogIn?ReturnUrl=%2fEq ualOpportunityCompliance). If you have not yet completed your bid opportunity list through this online application, please do so at this time. Prime Consultants can obtain access to the new EOC system by filling out the Contractors and Consultants New Users Access Form. Please complete the form and submit it to EOOHelp@dot.state.fl.us.

Consultants please be reminded that if you are selected on this project, you need to enter your subconsultant commitments of each task work order in the Equal Opportunity website after invoice has been paid in CITS. Also, if you are awarded amendments to task work orders, the subconsultant commitments will also need to be reported after the respective invoice has been paid.

https://fdotwp1.dot.state.fl.us/EqualOpportunityCompliance/Account.aspx/LogIn?ReturnUrl=%2fEqualOpportunityCompliance https://fdotwp1.dot.state.fl.us/EqualOpportunityCompliance/Account.aspx/LogIn?ReturnUrl=%2fEqualOpportunityCompliance https://fdotwww.blob.core.windows.net/sitefinity/docs/default-source/equalopporunity/eoc-help/contractor-only.pdf?sfvrsn=c5428b53_2 mailto:EOOHelp@dot.state.fl.us

General Terms and Conditions

By submitting an SOQ in response to this request, firm acknowledges the instructions and information provided herein.

Cone of Silence. Potential respondents and their agents must not communicate in any way with the MPO Board, County Administrator or any MPO or County staff other than Procurement personnel in reference or relation to this solicitation. This restriction is effective from the time of RFQ issue until the MPO Board meets to authorize final award. Such communication may result in disqualification.

Interpretations: All questions about the meaning or intent of the Request for Qualifications are to be submitted to the County through the Bonfire platform. Interpretations, modifications, responses, or clarifications considered necessary by County in reply to such questions will be issued by Addenda.

Only questions answered or changes made by Addenda will be binding. Oral and other interpretations, modifications, or clarifications will be without legal effect. All such Addenda shall become part of the RFQ and contract documents. Questions submitted less than 10 days prior to the deadline for receipt of SOQs may not be answered.

Submission: All SOQs and required documents must be submitted electronically via the Bonfire portal, prior to the closing date and time. Verbal, printed, emailed or faxed submissions will not be considered, nor will late submittals. The County will not reimburse any consultant for costs associated with preparation or submittal of an SOQ.

Public Record Exemption: Correspondence, materials, and documents received pursuant to this Request for Qualifications become public records subject to the provisions of Chapter 119, Florida Statutes. Should the Consultant assert any exemptions to the requirements of Chapter 119, Florida Statutes, and related statutes, the burden of establishing such exemption, by the way of injunctive or other relief as provided by law, shall be upon the Consultant.

SOQ Rejection: Failure to comply with all the enclosed instructions may result in rejection of the

SOQ.

Prohibition Against Considering Social, Political or Ideological Interests in Government Contracting: As provided in section 287.05701, Florida Statutes, as amended, the County may not request documentation of, or consider a Consultant's social, political, or ideological interests when determining if the Consultant is responsible, and may not give preference to a Consultant based on its social, political, or ideological interests.

Right to Protest: Any actual or prospective responding Consultant who is aggrieved in connection with a competitive selection process may protest to the Procurement Manager. The protest shall be submitted to the Procurement Manager in writing within five (5) calendar days after the consultant knows or should have known of the facts giving rise to the protest. If the protest is not resolved by mutual agreement, the Procurement Manager shall promptly issue a decision in writing, after consulting the using Department and the Office of the County Attorney.

Committee Meetings: Notice of committee meetings will be posted to the RFQ’s listing on the Bonfire portal. Any portion of a meeting pursuant to a competitive solicitation, at which negotiation strategies are discussed, a vendor makes an oral presentation, or answers questions as part of a competitive solicitation is exempt from the Public Meeting requirements in Chapter 286.011 (per Chapter 286.0113(1)(b)1).

Applicable Law and Venue: The resulting Agreement and all rights and duties of the parties hereto shall be governed by the laws of the State of Florida, including but not limited to the provisions of the Florida Uniform Commercial Code Chapters 671-679 F.S., for any terms and conditions not specifically stated within. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida.

Conflict of Interest: Any entity submitting a bid, proposal, or SOQ, or entering into a contract with the County shall disclose any relationship that may exist between the contracting entity and a County Commissioner or a County Employee. The relationship with a County Commissioner or a County Employee that must be disclosed is as follows: current county employee or commissioner, father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild. The term “affiliate” includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity. The disclosure of relationships shall be a sworn statement made on a County-approved form. Failure to submit the form will be cause for rejection of the bid, proposal, or SOQ.

The following firm(s) are not permitted to participate on any Team, due to conflict of interest related to participation in the development of the project specifications and/or solicitation. Any SOQ submitted that includes a listed firm on their team will not be considered.

1. N/A

Public Entity Crimes: Pursuant to Florida Statutes Section 287.133(2)(a), all consultants are hereby notified that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity (defined as the State of Florida, any of its departments or agencies, or any political subdivision); may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Florida Statutes Section 287.017 for CATEGORY TWO [currently $35,000] for a period of 36 months from the date of being placed on the convicted vendor list. A "public entity crime" means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid, proposal, reply, or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.

Foreign Ownership: By submittal of a response to this RFQ, Consultant attests is not owned by, does not have a principal place of business in, and is not established by the laws of, a foreign country of concern as defined in Section 287.138, Florida Statutes.

Suspension and Debarment: County will not make award to parties listed on the government-wide exclusions in the System for Award Management (SAM). The bidder/proposer/consultant agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder/proposer/consultant further agrees to include a provision requiring such compliance in its lower tier covered transactions. The bidder/proposer/consultant further agrees to include a provision requiring such compliance in its lower tier covered transactions. By submittal of its response to this solicitation, bidder/proposer/consultant asserts neither it nor its principals is presently debarred, suspended or proposed for debarment, declared ineligible, or voluntarily excluded from participation in this work by any Federal department or agency. For work funded by federal grant, bidder/proposer/consultant is required to have an active registration with the System for Award Management (SAM) (https://www.sam.gov) prior to execution of the agreement.

Scrutinized Companies Lists: The Consultant certifies that it and those related entities of Consultant as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, Consultant certifies that it and those related entities of respondent as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. The County may terminate this Contract if Consultant is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. County may terminate this Contract if Consultant, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes.

Accordingly, firms responding to this solicitation shall return with their response an executed copy of the attached “Certification Regarding Prohibition Against Contracting With Scrutinized Companies.”

Failure to return this executed form with submitted bid/proposal/statement of qualifications will result in the response being deemed non-responsive and eliminated from consideration.

Non-Discrimination: County will not knowingly do business with vendors or contractors who discriminate on the basis of race, color or national origin, sex, sexual orientation, gender identity, age and/or disability. Through the course of providing services to the County, Contractors shall affirmatively comply with all applicable provisions of Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987 and the Florida Civil Rights Act of 1992, as well as all other applicable regulations, guidelines and standards. Any person who believes their rights have been violated should report such discrimination to the County’s Title VI/Nondiscrimination Coordinator through the office of the County Attorney.

No Coercion: Consultant attests it does not use coercion for labor or services.

E-Verify: Consultant must be registered with and use, at their sole expense, the Department of Homeland Security’s E-Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees, as required by Section 448.095, F.S. County, consultant, and subconsultants may not enter into a contract unless each party to the contract registers with and uses the E-Verify system. Consultant is responsible for obtaining proof of E-Verify registration for all subconsultants.

This requirement applies to any provider of services or goods.

https://www.sam.gov/ http://www.e-verify.gov/

Assignment/Delegation: No right, obligation or interest in an awarded Agreement may be assigned or delegated by the Consultant without prior written consent of the County, without prejudice to County’s other rights and remedies.

Indemnification: The Consultant shall indemnify and hold harmless the County and its commissioners, officers, employees and agents, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONSULTANT and other persons employed or utilized by the CONSULTANT in the performance of the contract.

Records/Audit: The Consultant shall maintain books, records and documents pertinent to performance under this Invitation and any resulting Agreement in accordance with generally accepted accounting principles consistently applied. The County and the Florida Office of the Inspector General shall have inspection and audit rights to such records for audit purposes during the term of the contract and for three years following the termination of obligations hereunder. Records which relate to any litigation, appeals or settlements of claims arising from performance under this work or purchase shall be made available until a final disposition has been made of such litigation, appeals, or claims.

Public Access: The Consultant shall allow public access to all documents and materials in accordance with the provisions of Chapter 119, Florida Statutes.

Domestic Preference for Procurement: In accordance with 2 CFR 200.322, County will extend a preference for the purchase, acquisition or use of goods, products or materials produced in the United States (including, but not limited to iron, aluminum, steel, cement and other manufactured products), to the maximum extent practicable.

Insurance:

• Owners and Contractors Insurance: The Consultant shall not commence work until they have obtained all the insurance required under this section, and until such insurance has been approved by the owner, nor shall the contractor allow any subcontractor to commence work until the subcontractor has obtained the insurance required for a contractor herein and such insurance has been approved unless the subcontractor’s work is covered by the protections afforded by the Contractor’s insurance.

• Worker’s Compensation Insurance: The Consultant shall procure and maintain worker’s compensation insurance to the extent required by law for all their employees to be engaged in work under this contract. In case any employees are to be engaged in hazardous work under this contract and are not protected under the worker’s compensation statute, the Consultant shall provide adequate coverage for the protection of such employees.

• Public Liability Insurance: The Consultant shall procure and maintain broad form commercial general liability insurance (including contractual coverage) and commercial automobile liability insurance in amounts not less than shown below. The owner shall be an additional named insured on this insurance with respect to all claims arising out of the operations or work to be performed.

Commercial General (Public) Liability, other than Automobile

Commercial General Premises / Operations Independent Contractors Products / Completed Operations

$1,000,000.00 Combined single limit for Bodily Injury and Property

Damage

Personal Injury Contractual Liability Explosion, Collapse, and Underground Property Damage

Automobile

$1,000,000.00 Combined single limit Bodily Injury and Damage

Liability

Owner Leased Automobiles Non-Owned Automobiles Hired Automobiles Owned Automobiles

Professional Liability Insurance $1,000,000 per occurrence $2,000,000 aggregate combined single limit $5,000 maximum deductible per claim

• Proof of Insurance: The Consultant shall furnish the owner a certificate of insurance in a form acceptable to the owner for the insurance required. Such certificate or an endorsement provided by the contractor must state that the owner will be given thirty (30) days written notice prior to cancellation or material change in coverage. Copies of an endorsement-naming owner as Additional Insured must accompany the Certificate of Insurance.

FDOT Conditions of Contract:

During the performance of this contract, the Consultant, for itself, its assignees and successors in interest (hereinafter referred to as the “Consultant”) agrees as follows:

(1.) Compliance with Regulations: The Contractor shall comply with the Regulations relative to nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation (hereinafter, “USDOT”) Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement.

(2.) Nondiscrimination: The Consultant, with regard to the work performed during the contract, shall not discriminate on the basis of race, color, national origin, sex, age, disability, religion or family status in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations.

(3.) Solicitations for Subcontractors, including Procurements of Materials and Equipment: In all solicitations made by the Consultant, either by competitive bidding or negotiation for work to be performed under a subcontract, including procurements of materials or leases of equipment; each potential subcontractor or supplier shall be notified by the Consultant of the Consultant’s obligations under this contract and the Regulations relative to nondiscrimination on the basis of race, color, national origin, sex, age, disability, religion or family status.

(4.) Information and Reports: The Consultant shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Florida Department of Transportation (FDOT), the Federal Highway Administration (FHWA), Federal Transit Administration (FTA), Federal Aviation Administration (FAA), and/or the Federal Motor Carrier Safety

Administration (FMCSA) to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Consultant is in the exclusive possession of another who fails or refuses to furnish this information the Consultant shall so certify to the as FDOT, the FHWA, FTA, FAA, and/or the FMCSA as appropriate, and shall set forth what efforts it has made to obtain the information.

(5.) Sanctions for Noncompliance: In the event of the Consultant’s noncompliance with the nondiscrimination provisions of this contract, FDOT shall impose such contract sanctions as it or the as FDOT, the FHWA, FTA, FAA, and/or the FMCSA may determine to be appropriate, including, but not limited to: a. withholding of payments to the Consultant under the contract until the Consultant complies, and/or b. cancellation, termination or suspension of the contract, in whole or in part.

(6.) Incorporation of Provisions: The Consultant shall include the provisions of paragraphs

(1) through (7) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Consultant shall take such action with respect to any subcontract or procurement as FDOT, the FHWA, FTA, FAA, and/or the FMCSA may direct as a means of enforcing such provisions including sanctions for noncompliance. In the event a Consultant becomes involved in, or is threatened with, litigation with a sub-contractor or supplier as a result of such direction, the Consultant may request the Florida Department of Transportation to enter into such litigation to protect the interests of the Florida Department of Transportation, and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.

(7.) Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 -- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70

Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

Note: Any and all special conditions attached hereto, which may vary from these General Conditions, shall have precedence.

End of General Terms and Conditions