Lee County Metropolitan Planning Organization (MPO) REQUEST FOR LETTERS OF INTEREST

Professional Planning/Engineering Services Related To Lee County Roundabout Study

FPN: 434991-1 LOI: J01-2015

Prepared By: Lee County Metropolitan Planning Organization

Available date: April 8, 2015 Responses Due: May 22, 2015

TABLE OF CONTENTS

Page Number

LEGAL NOTICE 3 HOW TO SUBMIT YOUR PROPOSAL 5 SCOPE OF SERVICES 10 GENERAL CONDITIONS AND INSTRUCTIONS 21 FERERAL PROVISIONS 26 INSURANCE COVERAGE REQUIREMENTS 30

APPENDIX

REQUIRED FORMS, STATEMENTS, DOCUMENTATION 37

Lee County Metropolitan Planning Organization (MPO) REQUEST FOR LETTERS OF INTEREST

Professional Planning/Engineering Services Related To Lee County Roundabout Study

FPN: 434991-1 LOI: JOI - 2015

The Lee County Metropolitan Planning Organization (MPO), request Letters of Interest from professional firms to provide planning/engineering and design services for a Roundabout Study. Work associated with this contract requires conducting roundabout operation analysis at 18 intersections and developing conceptual layout designs at all the intersections where roundabouts are determined viable. Work also includes doing some traffic modelling and simulation, and conducting surveys and developing 30% design drawings for the top two (2) ranked roundabout projects. Guidelines detailing form and content requirements for the Letter of Interest are available by contacting Donald Scott, Executive Director, P.O Box 150045, Cape Coral, FL 33915-0045, (239) 330-2241, or they may be downloaded from our website at http://leempo.flprocurement.com/ It is a basic tenet of the MPO’s contracting program that contracts are procured in a fair, open, and competitive manner. By submitting a Letter of Interest, the Consultant certifies that they are in compliance with FDOT Procedure No. 375-030-006, Restriction on Consultant’s Eligibility to Compete for Department Contracts. This directive is available on FDOT’s Web Site. This project is federally funded with assistance from the Florida Department of Transportation and the Federal Highway Administration. By submitting a Letter of Interest, the Consultant certifies that no principal (which includes officers, directors, or executives) is presently suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation on this contract by any federal department or agency. In addition, by submitting a Letter of Interest, the Consultant affirms that it is FDOT prequalified in the following work categories: Group 3 Highway Design - Roadway, Group 6. Traffic Engineering and Operations Studies, Group 13. Planning Submittals must be submitted electronically to the Lee MPO at http://leempo.flprocurement.com/ no later than 11:59 p.m. EST, Friday May 22, 2015, in order to be considered. The Lee MPO has implemented a new Electronic Submittal & Selection Process, which requires the use of GovernmentForms.software™ (GFS). This software program, which generates and posts a customized version the Standard Form (SF) 330 along with the capability to upload other required items, can be downloaded at the following address: http://leempo.flprocurement.com This public notice was posted on the bulletin board outside the offices of the Lee County MPO at 815 Nicholas Parkway East, Cape Coral, FL 33990, on April 8, 2015. The Lee County MPO does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. Qualified minority-owned, women-owned or disadvantaged business enterprises are encouraged to apply.

Lee County Metropolitan Planning Organization (MPO) REQUEST FOR LETTERS OF INTEREST Professional Planning/Engineering

Services Related To Lee County Roundabout Study FPN: 434991-1

LOI: J01-2015 How to Submit Your Proposal Lee County MPO requests Letters of Interest for planning / engineering and design services related to Lee County Roundabout Study. Design concepts and documents for this Federally Funded Joint Participation Agreement (JPA) project are to be designed in accordance with the Americans with Disabilities Act (ADA) as well as the Latest FDOT Design Standards and Standard Specifications for Road and Bridge Construction. The design effort will be performed in accordance with all FDOT LAP requirements. The consultant is encouraged to further investigate the requirements for LAP projects. Please Review This Document Carefully. Offers That Are Accepted By The MPO Are Binding Contracts. Incomplete Proposals Are Not Acceptable. The Lee MPO has implemented a new Electronic Submittal & Selection Process, which requires the use of GovernmentForms.software™ (GFS). This software program, which generates and posts a customized version the Standard Form (SF) 330 along with the capability to upload other required items, can be downloaded at the following address: http://leempo.flprocurement.com

• GSA Standard Form 330 (the following forms must be submitted in the order listed below)

o Part II (update if already submitted) o Part I

• Letter of Interest • Certificate of Insurance • Proof of Licenses/Certifications • Drug-Free Workplace Form • E-Verify Compliance Certification • Public Entity Crimes Form • Conflict of Interest Form • DBE Bid Opportunity form • DBE Participation statement • Disclosure of Lobbying Activities • Certification Regarding Debarment, Suspension, Ineligibility and Voluntary

Exclusion • Truth in Negotiation Certification • Certificate of Authority to do Business from the State Of Florida (Information Can

Be Obtained at http://www.sunbiz.org/search.html) Note: While the above forms are attached to this solicitation. They are provided as an example only. Use the forms listed on http://leempo.flprocurement.com/General Information/Sample Forms/Required Items, they are PDF Forms.

These forms (aside from the SF330) are available as editable PDF documents from the website (links to these and other forms can be found at the end of this document). I. INFORMATION PACKAGE

Request for Letters of Interest for Professional Services The content of the Letter of Interest of the successful firm will become a basis for contractual negotiations. The selected firm shall be required to assume responsibility for all services offered in their submittal. The selected firm will be the sole point of contact concerning contractual matters including payments of any charges resulting from the contract. Payment schedule and basis for payment will be negotiated, but will be based upon documented work completed and project deliverables. Description of Work – Work associated with this contract requires conducting roundabout operation analysis at 18 intersections and developing conceptual layout designs at all the intersections where roundabouts are determined viable. Work also includes doing some traffic modelling and simulation, and conducting surveys and developing 30% design drawings for the top two (2) roundabout projects. All work to be performed shall be in accordance with the federally funded JPA between the Florida Department of Transportation and Lee County MPO, FPN: 434991-1-18-01. All documents/design plans are required to be submitted to FDOT for review and approval in an effort to coordinate future permitting by the Department.

II. INSTRUCTIONS TO SUBMITTERS

Letters shall be signed by an authorized representative of the firm. All information requested must be submitted. Failure to submit all information may result in a lower evaluation of the proposal. Letters which are substantially incomplete or lack key information may be rejected by the MPO at its discretion. The selection of the short listed firms will be based on the information provided in the submittal. Information submitted within your letter of interest should include documentation to demonstrate your firm’s qualifications and abilities to provide the scope of services. The submittal should include sufficient information to present a clear understanding of this project and of similar past projects, especially in Florida, staff experience and abilities, and any other additional, pertinent details to describe the team’s capabilities.

Selection will be a two-step process:

Step 1 - A committee will review the information submitted with the LOI package and short list three (3) or more firms (max five (5)).

Public Selection Committee meeting to Short list firms will be held on:

Wednesday June 3, 2015 at 9:30 am (subject to change) at Lee County Metropolitan Planning Organization 815 Nicholas Parkway E. Cape Coral, FL 33990

Step 2 - An on-site Question and Answer session will be required of the short listed firms and will consist of the following

• A ten (10) minute Team Introduction, followed by a thirty (30) minute Question and Answer period.

Note:

o No electronic media will be allowed to be used during the Introduction or Question and Answer period.

o Shortlisted Firms will be provided with a list of five (5) predetermined questions with the notice of their request for presentations.

Public Selection Committee meeting to hear Question and Answer session will be held on:

Wednesday June 17, 2014 - Starting at 1:30 p.m. (Subject to change)

at Lee County Metropolitan Planning Organization 815 Nicholas Parkway E. Cape Coral, FL 33990

Once all Question and Answer sessions are complete, the short-listed firms (max five (5)) will be ranked by the selection committee. The short list will be submitted to the MPO board for approval to schedule negotiations of fair and reasonable prices with the top ranked firm.

All prospective submitters are hereby cautioned not to contact any MPO Board member or any member of the Selection Committee after submittals are opened nor attempt to persuade or promote through other channels until notification that the Selection Committee has arrived at a recommendation of the most qualified firms. Until notification is received, all contacts shall be channeled through Don Scott, Executive Director. Failure to comply with these procedures will be cause for disqualification of the firm’s Letter of Interest. III. FIRM EVALUATIONS AND SELECTION

The MPO shall follow the procedures of the Consultants’ Competitive Negotiation Act, Title XIX, Chapter 287, Section 055 of the Florida Statutes. The selection committee shall consider such factors as: ● Experience of the firm (as it relates to the advertised task) - 20 Points ● Resources (firm organization, staffing plan, resource location) - 30 Points • Project approach and understanding (outline plan for completing work, coordination

plan, familiarity with the Local Agency Program (LAP)) - 35 Points ● Other content (references, identification of critical issues) - 15 Points

IV. SUBMITTAL REQUIREMENTS

1. Letter of Interest (2 page max.)

Firms interested in being considered for the project should upload (in PDF format) to our new Electronic Submittal & Selection System, using either the GFS program or manually via the web site (http://leempo.flprocurement.com), a letter of interest, not to exceed two (2) pages in length, including the following information:

(1) Project Name/Financial Project Numbers and Firm’s name, address, phone number, and contact person. Names of companies proposed as team members and key personnel with titles and/or classifications (Do NOT Include resumes)

(2) Outline for completing the project.

(3) Other information relative to the team’s experience/qualification for this project.

(4) Contact information for at least three (3) current references.

Letter of Interest prepared by a corporate officer or principal of the firm authorized to obligate the firm contractually. The proposal format shall be 2 single sided, letter-sized pages, staffing charts and required forms. Font size will be restricted to Arial, 10 pitch or larger.

2. Other Statements, Forms and Documentation [Format/Upload Method]

a) Certificate of Insurance [PDF/GFS or website]

Self-explanatory, ACORD form

b) Proof of Licenses/Certifications [PDF/GFS or website]

Provide proof of proper State of Florida business licensure and professional certifications/registration(s) in the State of Florida. Provide proof of corporate registration to operate in the State of Florida by the Department of State, Division of Corporations. Information concerning certification with the Secretary of State can be obtained at: http://ccfcorp.dos.state.fl.us/index.html.

c) Drug-Free Workplace Form [PDF/GFS or website]

Self-explanatory. NOTE: For the firm’s convenience, this certification form is enclosed and made a part of this package.

d) Federal E-Verify Compliance [PDF/GFS or website]

CONSULTANT shall certify to comply with the requirements of the Federal E-Verify System. NOTE: For the firm’s convenience, this certification form is enclosed and made a part of this package.

e) Sworn Statement under Section 287.133(3)(a) on Public Entity Crimes [PDF/GFS or website]

Florida Statute requires the following statement, duly signed and notarized, be included in each submittal. NOTE: For the firm’s convenience, this certification form is enclosed and made a part of this package.

f) Conflict of Interest Disclosure Form [PDF/GFS or website]

The award hereunder is subject to the provisions of Chapter 112, Florida Statutes. All respondents must disclose the name of any officer, director, or agent who is also a public officer or an employee of the Lee County MPO, or any of its Advisory Committees. NOTE: For the firm’s convenience, this certification form is enclosed and made a part of this package.

g) Truth in Negotiation Certification (FDOT 375-030-30) [PDF/GFS or website]

NOTE: For the firm’s convenience, this certification form is enclosed and made a part of this package.

h) Disadvantaged Business Enterprises Forms [PDF/GFS or website]

The Lee MPO has adopted policies that assure and encourage full participation of DBE’s in the provision of goods and services. In addition, federal and state participation in projects requires certain participation goals to which the MPO expects its consultants to adhere. NOTE: For the firm’s convenience, Bid Opportunity List for Professional Consultants Services (FDOT Form 375-040-62) and DBE Participation Statement (FDOT form 375-030-62) certification forms are enclosed and made a part of this package.

i) Disclosure of Lobbying Activities (FDOT form 375-030-33) [PDF/GFS or website]

This is federally funded project and form is required of all proposers. NOTE: For the firm’s convenience, this certification form is enclosed and made a part of this package.

j) Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion for Federal Aide Contracts [PDF/GFS or website]

(FDOT form 375-303-32) this is federally funded project and form is required of all proposers. NOTE: For the firm’s convenience, this certification form is enclosed and made a part of this package.

Lee County Metropolitan Planning Organization (MPO) SCOPE OF SERVICES for Professional Planning/Engineering Services Related

To Lee County Roundabout Study FPN: 434991-1

LOI: J01-2015 INTRODUCTION

With traffic moving inside a roundabout between 15-25 mph, and with significantly less number of conflict points than a conventional traffic signal, roundabouts have been found to increase safety by reducing potential fatal crashes at an intersection by 90%, injuries by 76%, and all crashes by 39%. Research in the US and elsewhere in the world has also indicated that roundabouts provide annual savings of $5,000 in electrical and maintenance costs versus a traffic signal, and that they provide a service life of 100 years or more verus10 to 20 years for a traffic signal. Unlike signalized intersections they are also not impacted by power outages caused by hurricanes and tropical storms, a phenomenon that happens with some regularity in Florida. They also reduce vehicle delays by around as much as 50% as traffic flows continuously through an intersection.

For their demonstrated ability in making intersections safer and their substantial operational and capacity characteristics, as well as their other merits, local jurisdictions in Lee County have built 5 roundabouts while 2 more have been funded. Several others are identified in local government plans. The Lee MPO has now identified a comprehensive list of intersections to conduct roundabout feasibility analysis.

On its part FDOT is placing added emphasis on the development and construction of roundabouts statewide and have directed their district offices to include two (2) projects on state highways in their 5 year work program annually for implementing roundabouts. The Lee MPO is trying to position itself for any statewide discretionary that may become available for roundabout construction by including in its comprehensive list a few intersections that are located on state highways.

PURPOSE OF SCOPE

The purpose of this scope is to prepare an intersection analysis to determine the design year operational efficiency of roundabouts at the intersections identified in Exhibit A. For those intersections where roundabouts are determined a viable option, conceptual geometric designs and cost estimates for each will be developed.

This scope of services includes the following tasks:

TASK 1. KICK OFF MEETING The CONSULTANT will schedule and conduct a project kick-off meeting with the project team via conference call, or in person within two weeks of the issuance of a Notice to Proceed by the MPO. At the kick off meeting, the specific needs and plans of the roundabout feasibility analysis, ideas to screen the initial list of intersections for fatal flaws, and the traffic analysis software to be used will be discussed. The CONSULTANT will also present and discuss a list of the data/resources that may need to be provided by MPO staff, or at least direction given on the most reliable resources to tap for the information. MPO and Consultant staff will agree on how the data/resources will be collected and set an appropriate timeline for completing the

effort. Other decisions regarding a public involvement component and deliverables will be also decided at the kick-off meeting.

TASK 2: METHODOLOGY FOR SCREENING INITIAL LIST OF INTERSECTIONS FOR ROUNDABOUT FEASIBILITY ANALYSIS The CONSULTANT will develop a methodology to screen a list of 18 intersections from Exhibit A for fatal flaws, and conduct roundabout feasibility analysis on the ones that pass the screening test. Of the 18 intersections, ten (10) are currently signalized, four (4) have 2 way stops, and the remainder have 1 way stops. Also, seven (7) of the intersections have multi-lane approaches. Following are some criteria from Chapter 7 of the Florida Intersection Design Guide that could be considered in the methodology to screen the list of roundabout locations:

Significant right of way impacts that could make a roundabout uneconomical Significant drainage or utility impacts that could make a roundabout

uneconomical Immitigable environmental impacts Proximity to historical sites and socially significant trees that may rule out a

roundabout Proximity of bottlenecks that would routinely back up traffic into the roundabout

such as overcapacity signals and freeway entrance ramps Proximity of grades or unfavorable topography that may limit visibility or

complicate construction Routes where large combination vehicles or over dimensional vehicles

frequently use an intersection and insufficient space is available Locations where vehicles exiting the roundabout would be interrupted by

downstream traffic control that could create queues backing up into the roundabout

Proximity of other traffic control devices that would require signal preemption such as railroad tracks

Isolated intersections located within a coordinated signal network where it is felt that LOS might be better with a signalized intersection incorporated into the system

Local knowledge about the locations from the project team would feed into and supplement the screening process. Deliverables: A memo documenting the methodology developed to screen the list of intersections and results of the screening process.

TASK 3: TRAFFIC DATA COLLECTION

The CONSULTANT will collect approach counts and turning movement counts at the intersections which passed the screening test in Task 2. The approach counts will be collected for a full day (24 hours) and the turning movement counts will be collected for the AM, Midday, and PM Peak hours as determined by the approach counts. Vehicle classification will be included as part of the approach counts. The traffic data will be reviewed for accuracy with a deviation of approach counts versus peak hour traffic of no more than 10%. Bicycle and pedestrian traffic shall also be observed and measured. The CONSULTANT will also develop traffic volume growth factors and use them to forecast the existing turning movement counts for the design year (Year 2035).

Deliverables: Maps, tables, photos of existing conditions. Memo documenting existing conditions, data collection, approach counts, peak hour turning movement counts, pedestrian and bicycle traffic volumes, and traffic projections.

TASK 4: ROUNDABOUT OPERATIONAL ANALYSIS

Using the traffic data from Task 3, the CONSULTANT will evaluate the feasibility of installing roundabouts at each of the intersections that makes it through the screening test in Task 2. NCHRP Report 672, Roundabouts: An Informational Guide, 2nd Edition, Chapter 21 of the Highway Capacity Manual, TRB 2010, and Chapter 7 of the Florida Intersection Design Guide will be referred to by CONSULTANT for doing the operational analysis. The CONSULTANT will perform the following services under this task.

A. Use the existing traffic volumes from Task 3 to conduct intersection analysis for the existing intersection geometry and the roundabout alternative. The analysis will consist of capacity and level of service analysis using the Highway Capacity Manual methodology for un-signalized and signalized intersections (existing conditions). The intersection analysis will allow the consultant to determine the critical movements and delay by approach at each intersection. The intersection analysis considering the roundabout alternative will be conducted using Sidra.

B. Use the forecasted turning movement counts from Task 3 to conduct intersection analysis for the roundabout alternative for the 2035 design year. The analysis results will provide the design year operational efficiency of the roundabouts at each intersection. Based on the results, the consultant will make a recommendation on whether to pursue a roundabout at a particular intersection and develop conceptual design layout for that intersection in Task 5. For any intersection that a roundabout alternative fails in the design year, the CONSULTANT will conduct an intersection analysis for a traffic signal alternative. If the traffic signal alternative also fails, the signal will be analyzed with improvements including turn lane additions or extensions, and if it still fails a life cycle cost including costs attributed to accident damage and injury will be conducted under Task 6 for each alternative to determine the final alternative.

C. MPO staff will analyze existing crash patterns and severity at each intersection. The analysis will be summarized in tabular format and provided to consultant for documentation in technical memo to be developed at the end of this task.

D. Analyze existing intersection geometry using Synchro 8 and analyze the roundabout

alternative using the latest approved version of Sidra. The type of traffic analysis software to be used is flexible, and CONSULTANT may recommend a different analysis tool. All assumptions regarding operating parameters must be clearly identified.

Deliverables: A technical memo documenting the intersection analysis results for each intersection and recommendations on whether to proceed with conceptual design and evaluation of roundabout concepts at any particular intersection. The memo will also include safety analysis and descriptions of the intersection analysis software used in this task.

TASK 5: CONCEPTUAL DESIGN

This task will include preparation of conceptual roundabout layout designs at those intersections from Task 4 where roundabouts were determined to be viable options based on the results of the roundabout intersection analysis. The conceptual roundabout design layouts will be used in doing a concept level evaluation of existing drainage, utilities, and right of way at each intersection for potential impacts resulting from the proposed roundabout.

The CONSULTANT will perform the following services as part of this task:

A. Conduct a field visit to the intersections to photograph critical features and to identify existing features, roadway conditions and traffic control devices in the field. Perform field measurements to supplement as-built plans.

B. Approximately locate underground utilities or structures that may be within the footprint of the proposed roundabout. Such utilities include, but are not limited to wastewater, water, gas, electric, storm sewer, telephone, and television cable. CONSULTANT will contact Sunshine 811 directly (or through the City of Fort Myers and LCDOT who are Florida Sunshine members), or individual utility companies to mark existing underground utilities in the field and shall show such utilities on a base map based either upon field locations or available construction as-builts.

C. Based on the information obtained above, prepare conceptual roundabout layouts at each intersection over existing aerial maps showing all the roadway features and the approximate right of way. The conceptual layouts will be to scale and will also show required signs and pavement markings in accordance with FHWA guidelines and the Florida MUTCD. While developing the conceptual layouts CONSULTANT will refer to NCHRP Report 672, Roundabouts: An Informational Guide, 2nd Edition, and Chapter 7 of the Florida Intersection Design Guide. Appropriate design treatment for pedestrian mobility and access will be considered.

D. For those intersections which are within the project limits of planned roadway projects,

the proposed roundabouts shall be designed in a way that they will be able to accommodate the planned improvements. These intersections are identified in the list of intersections in Exhibit A under the “Ultimate Improvements” column.

Determine the vehicle envelope and swept path for the design vehicle (which could be a WB-50 truck and a SB 40 Bus) using AutoTURN 8. The truck turning dimension for the largest fire engine in Lee County will be also coded into a custom fire truck in AutoTURN to test each concept design.

A. Perform a concept level drainage evaluation to identify possible drainage modifications and utility adjustments that may be necessary as a result of the intersection reconfiguration.

B. Identify any right-of-way needs for the proposed roundabouts and estimate the area

needed.

C. Identify existing and planned bus stops along LeeTran bus routes in the vicinity of the intersections for potential impacts including access to the bus stops, and bus boarding and alighting by passengers. Any proposed relocation shall be consistent with guidelines provided in NCHRP Report 672, Roundabouts: An Informational Guide, 2nd Edition.

D. The CONSULTANT shall include all pedestrian and bicycle treatments consistent with

NCHRP Report 672, Roundabouts: An Informational Guide, 2nd Edition.

Deliverables: A set of conceptual roundabout design layouts at all the intersections over aerial maps showing how each roundabout will fit the surrounding developments. The conceptual design layouts will be completed at a 1” = 40’ scale on 11” x 17” page size. Exhibits showing critical design vehicle turning paths within the proposed roundabouts developed with AutoTURN. A memo documenting design criteria used in the roundabout layout designs, description of the proposed roundabouts and their design features, accommodation of transit and non-motorized modes in the concept designs, design treatments for pedestrian mobility access, and access management issues, and AutoTURN generated design vehicle paths . The memo will also document the results of a concept level evaluation for drainage, right of way, and utility impacts resulting from the proposed roundabouts.

TASK 6: OPINION OF PROBABLE CONSTRUCTION COSTS

Using the conceptual design layout and concept level quantity estimates, a concept level Engineer’s Opinion of Probable Construction Cost will be prepared for each roundabout design concept. Besides the typical construction items, project cost will also include street lighting and landscaping. For those intersections under Task 4 where both the design year alternatives failed, a life cycle cost comparison including accident damage and injury costs (an injury or fatality avoided) would be undertaken to decide whether to persist with a roundabout alternative.

Deliverables: The memo will include concept level Engineer’s Opinion of Probable Construction Costs for each roundabout improvement.

TASK 7: EVALUATION AND RANKING PROPOSED ROUNDABOUT PROJECTS

The CONSULTANT will develop criteria and methodology to evaluate and rank the proposed roundabout concepts. Based on the rankings priorities will be established that will assist in identifying projects for project development and funding.

TASK 8: TRAFFIC MODELLING AND SIMULATION

The CONSULTANT will identify two roundabout concepts where the proposed roundabout geometry is complicated and challenging, and roundabout operations may be hard to visualize for the public without doing a computer simulation. The CONSULTANT will prepare VISSIM to model traffic flow on the approach streets and within the roundabouts at the two locations. Four scenarios of the model will be prepared which will include two critical peak hours and the years 2014 and 2035. The critical peak hours typically are the weekday AM and PM peak. If it is determined that the noon peak is more critical, then the less critical peak period will be dropped. The simulations will be used for presentations at public meetings.

Deliverables: Video clips of the traffic simulation in a power point.

TASK 9: CONDUCT SURVEY AND DEVELOP 30% DESIGN DRAWINGS

The CONSULTANT shall conduct surveys at the top 2 priority projects from Task 7, and develop preliminary engineering drawings and cost estimates for roundabout implementation. Design shall address bicycle and pedestrian treatments consistent with NCHRP Report 672, Roundabouts: An Informational Guide, 2nd Edition. CONSULTANT may also consider practical crossing solutions for the visually impaired in the design from NCHRP Report 674: Crossing Solutions at Roundabouts and Channelized Turn Lanes for Pedestrians with Vision Disabilities and ongoing research. Only treatments which increase accessibility in terms of improving safety and reducing delays may be considered.

Deliverables: A set of preliminary design drawings of roundabouts at 2 intersections. The design layouts will be completed at a 1” = 40’ scale on 11” x 17” page size.

TASK 10: LITERATURE REVIEW

The CONSULTANT will do a literature review of state of Florida and US DOT documents (e.g. NCHRP Report 672, Roundabouts: An Informational Guide, 2nd Edition, Chapter 21 of the Highway Capacity Manual, TRB 2010, Chapter 7 of the Florida Intersection Design, etc.) and evaluate whether (1) design standards/requirements would justify replacing at - capacity and failing multi-lane signalized intersections in Lee County with roundabouts, and (2) whether observed traffic patterns and conditions, and capacity LOS and V/C from available intersection analysis meet thresholds from the Highway Capacity Manual to even consider roundabouts at such intersections. Instead of looking at all such intersections in Lee County use 1 or 2 representative intersection(s) which have available intersection analysis data. MPO staff will provide the intersection analysis data. Examples of at-capacity or failing intersections in Lee County include the intersections of Colonial and Six Mile Parkway, US 41 and Six Mile Parkway, US 41 and Bonita Beach Road, and Colonial Boulevard and Summerlin Road.

Deliverables: Memo on results of a literature review evaluation and conclusion of at capacity or failing signalized intersections in Lee County.

TASK 11: PUBLIC INVOLVEMENT, PRESENTATION AND PREPARATION OF FINAL REPORT

The CONSULTANT will provide staff with presentation material for updates on the study to the various MPO committees throughout the study. In addition, the Consultant will assist staff in making presentations to the BPCC, TAC, CAC and MPO Board following the production of a final draft of the study for input prior to producing a final report. This task includes the following specific subtasks:

A. The Consultant will attend a BPCC, TAC, CAC and MPO meeting to present the results of the study as well as up to two additional public meetings at the discretion of the MPO staff if necessary.

B. The Consultant will prepare maps, graphics, memo reports and handouts for staff to use at different times throughout the study to cover additional public involvement meetings. It is envisioned that much of this material will be what is produced as deliverables at the completion of each of the tasks.

C. A draft and final report will be produced by the Consultant documenting the results of the study. A draft report will be submitted to the Lee MPO staff for review and comment prior to producing a final draft for distribution and presentation to the Committee’s and the Board.

Deliverables: Draft and Final Reports, VISSIM model, A power point presentation documenting the feasibility analysis, results and traffic simulation.

SCHEDULE It is anticipated that this study will be completed in eight (8) months from issuance of a Notice to Proceed date. FEE ESTIMATE The budget for this project shall not exceed $400,000.

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EXHIBIT A List of Intersections for Proposed Roundabouts in Lee County

# Intersection Location Ownership Planned Other

Proposal Comments Traffic Control Type

Ultimate Improvements

1 Buckingham Ave @ Cemetary Rd Buckingham Lee County X Added at Jan 9, 2014

TAC Meeting 1 way stop (Cemetary)

2 Buckingham Ave @ Gunnery Rd

Lehigh Acres Lee County X Added at Jan 9, 2014

TAC Meeting 1 way stop (Gunnery)

3 Periwinkle Way @ Lindgren Sanibel

Sanibel X Added on Jan 7, 2015 at

City of Sanibel Request 4 way stop

4 Altamonte Ave @ West First Street Fort Myers Fort Myers X

Project identified in Fort Myers Downtown Mobility Plan

2 way stop (Altamonte)

5 Edison Ave @Broadway Fort Myers Fort Myers X Project identified in Fort Myers Downtown Mobility Plan

Traffic Signal

Edison to be widened from 2 to 4 from 41 to Fowler

6 McGregor Blvd @ Barcelona Ave Fort Myers Fort Myers X

Project identified in City of Fort Myers Traffic Calming Plan

1 way stop (Barcelona)

7 Lee St @ MLK Jr. Blvd Fort Myers FDOT X Project identified in Fort Myers Downtown Mobility Plan

Traffic Signal

8 Seaboard St @ 1st St (SR 80) Fort Myers FDOT X

Project identified in Fort Myers Downtown Mobility Plan

Traffic Signal

First Street to be reconstructed as two way street with sidewalks and bike lanes

9 Joel Blvd @ SR 80 Lehigh Acres FDOT X Traffic Signal

Joel Blvd to be widened from 2 to 4 lanes from N of E 17th St to SR 80

10 US 41 Ramps @ MLK/Main St/McGregor Fort Myers FDOT X

Project identified in Fort Myers 2010 Downtown Plan

Traffic Signal

11 Winkler Ave Ext @ Challenger Blvd Fort Myers Fort Myers X 2 way stop

(Challenger) 12 Colonial Blvd @

McGregor Blvd Fort Myers FDOT X Traffic Signal 13 New York/Tice St @ SR

80 Tice FDOT X Added at Jan 9, 2014 TAC Meeting Traffic Signal

14 Ortiz Ave @ Tice St Tice Lee County X Added at Jan 9, 2014TAC Meeting Traffic Signal

Ortiz to be either reconstructed as 2 lane facility with bike lanes and sidewalks, or widened to 4 lanes with bike ped facilities

15 Carrel Rd @ Broadway Fort Myers Fort Myers X Added at Feb 13, 2014 TMOC Meeting Traffic Signal

16 Michigan Ave Link @ Marsh Ave Fort Myers Fort Myers X Added at Feb 13, 2014

TMOC Meeting 1 way stop (Marsh)

17 McGregor Blvd @ Virginia Ave Fort Myers Fort Myers X Added at City's Request

on May 6, 2014 2 way stop (Challenger)

18 Seaboard St @ 2nd St (SR 80) Fort Myers FDOT X Added at City's Request

on May 6, 2014

2 way stop (Palm Ave/2nd St)

Second Street to be reconstructed as 2 or 4 lane with sidewalks and bike lanes

REQUIRED

INSTRUCTIONS TO PROPOSERS GENERAL AND FEDERAL CONDITIONS

Lee County Metropolitan Planning Organization (MPO)REQUEST FOR LETTERS OF INTEREST

Professional Planning/Engineering Services Related To LeeCounty Roundabout Study

FPN: 434991-1LOI: J01-2015

GENERAL CONDITIONS AND INSTRUCTIONS TO PROPOSERS

PROPOSAL SUBMISSION: The proposal shall be deemed an offer to provide services to the MPO. In submitting a proposal, the proposer declares that he understands and agrees to abide by all specifications, provisions, terms and conditions of same, shall become a valid contract between the MPO and the undersigned upon notice of award of contract in writing and /or issuance of a purchase order by the MPO The proposer agrees that if the contract is awarded to him, he will perform the work in accordance with the provisions, terms and conditions of the contract. The MPO assumes no responsibility for proposals received after the due date and time, or at any office or location other than that specified herein, whether due to mail delays, courier mistakes, mishandling, inclement weather or any other reason. Late proposals will be returned, unopened, and will not be considered for award. PRINCIPAL/COLLUSION: By submission of this Proposal, the undersigned, as proposer, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. PROPOSAL WITHDRAWAL: No Proposal can be withdrawn after it is filed unless the proposer makes his request in writing to the MPO Designee prior to the time set for the opening of Proposals ( 4:00 p.m., March 3, 2014), or unless the MPO fails to accept it within Sixty (60) days after the date fixed for opening. PROPOSER’S CERTIFICATION: Submission of a signed Proposal is proposer’s certification that the proposer will accept any awards made to him as a result of said submission of the terms contained therein. EXCEPTIONS TO INSTRUCTIONS OR CONDITIONS: Proposers taking exception to any part or section of these instructions or conditions shall indicate such exceptions on their Proposal. Failure to indicate any exceptions shall be interpreted as the proposer’s intent to fully comply with the specifications as written. LAWS AND REGULATIONS: It shall be understood and agreed that any and all services, materials and equipment shall comply fully with all Local, State and Federal laws and regulations. RELATION OF MPO: It is the intent of the parties hereto that the successful proposer shall be legally considered as an independent contractor, and that neither he nor his employees shall, under any circumstances, be considered servants or agents of the MPO, and that the MPO shall be at no time legally responsible for any negligence on the part of said successful proposer, his servants or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. TERMS: All terms, conditions, and provisions of the contract must be strictly observed in addition to the general conditions herein described.

INVOICES: Payments will be made for articles furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within a reasonable time thereafter. The number of the Purchase Order by which authority services have been made, shall appear on all invoices. Invoices shall be submitted in duplicate and with an attached progress report detailed by task. EXPENSES INCURRED IN PREPARING PROPOSAL: The MPO does not accept responsibility for any expenses incurred in the Proposal, preparation, or presentation; such expenses to be borne exclusively by the proposer. DEFAULT: Failure or refusal of a proposer to execute a contract upon award, or withdrawal of a Proposal before such award is made, shall be grounds for removal of the firm’s name from the MPO’s vendor file. TERM CONTRACTS: If funds are not appropriated for continuance of a term contract to completion, cancellation will be accepted by this successful proposer on thirty (30) days prior written notice. TERMINATION: Should the contractor be found to have failed to perform his services in a manner satisfactory to the MPO as per Specification, the MPO may terminate this Agreement immediately for cause; further the MPO may terminate this Agreement for convenience with a seven (7) day written notice. The MPO shall be sole judge of non-performance. LIABILITY: Successful proposer will not be held responsible for failure to complete contract due to causes beyond its control, including, but not limited to, work stoppage, fires, civil disobedience, riots, rebellions, acts of God and similar occurrences making performance impossible or illegal. QUALIFICATION OF PROPOSERS: Before the award of any contract, each proposer may be required to show (to the complete satisfaction of the MPO Staff Director, or his designee), that he has the necessary facilities, ability, and financial resources, to furnish the service as specified herein in a satisfactory manner, and he may also be required to show past history and references which will enable the MPO Staff Director, or his designee, to satisfy themselves as to the qualifications. Failure to qualify according to the foregoing requirements will justify the MPO in rejection of a Proposal. ASSIGNMENT: The successful proposer(s) shall not assign, transfer, convey, sublet or otherwise dispose of this contract, or of any or all of its rights, title or interest therein, or his or its power to execute such contract to any person, company or corporation without prior written consent of the MPO. AWARD CHALLENGE: All costs accruing from a Proposal or an award challenged as to quality, etc. (tests, etc.) shall be assumed by the challenger. LOBBYING: All firms are hereby placed on NOTICE that the MPO does not wish to be lobbied, either individually or collectively, about a project for which a firm has submitted a Proposal. Firms and their agents are not to contact members of the MPO for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from Proposal advertisement to final MPO approval, no firm or its agent shall contact any employee of the MPO in reference to this Proposal, with the exception of the designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. E-Verify: Consultant:

1. Shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the

employment eligibility of all new employees hired by the Consultant during the term of the Agreement; and

2. Shall expressly require any Sub-consultants performing work or providing services pursuant to the State Contract to likewise utilized the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the Sub-consultant during the Agreement term

SINGLE PROPOSAL: Only one proposal from a legal entity will be considered. If it is found that a proposer is interested in more than one proposal, all proposals in which such a proposer is interested will be rejected. SIGNATURE OF PROPOSER: The proposer must sign the proposal in the spaces provided for signatures. If the proposer is and individual, the words “Sole Owner” shall appear after his signature. If the proposer is a partnership, the word “Partner” shall appear after the signature of one of the partners. IF the proposer is a corporation, the signature required is the Officer, Officers or Individual duly authorized by its by-laws or the Board of Directors to bind the corporation with official corporate seal affixed thereto. INTERPRETATION OF PROPOSAL DOCUMENTS AND INVESTIGATION OF PROJECT: Each proposer shall thoroughly examine the Proposal Documents, and judge for himself all matters relating to the location and the character of the services he agrees to perform. If the proposer should be of the opinion that the meaning of any part of the Proposal Document is doubtful, obscure or contains errors or omissions, he should report such opinion or opinions to the Purchasing Director. Neither the MPO Director nor his staff shall be responsible for oral interpretation given either by himself or members of his staff. The issuance of a written addendum shall be the only official method whereby such interpretation will be given. REJECTION OR ACCEPTANCE OF PROPOSALS: The right is reserved by the MPO to waive any irregularities in any proposal, to reject any or all proposals, to re-solicit for proposals, if desired, and upon recommendation and justification by the MPO to accept the proposal(s) which in the judgment of the MPO is/are deemed the most advantageous for the public. Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection of the proposal. In the event of default of the successful proposer, or his refusal to enter into contract with the MPO, the MPO reserves the right to accept the proposal of any other proposer or to re-advertise using the same or revised documentation, at its sole discretion. PROTEST PROCEDURES: Any actual or prospective respondent to a Request for Proposal who is aggrieved with respect to the former, shall file a written protest with the MPO Designee prior to the opening of the Bid or the due date for acceptance of Proposals. All such protests must be filed with the MPO Designee no later than 11:00 a.m. local time on the advertised date of the acceptance date for the Request for Proposals. Award of contract will be made by the MPO in public session. Award recommendations will be posted in the lobby of the MPO. Any actual or prospective respondent who desires formally to protest the recommended contract award must file a notice of intent to protest with the MPO Designee within two (2) calendar days (excluding weekends and holiday’s) of the date that the recommended award is

posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, or subcontractor under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s.287.017 for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. REQUESTS FOR ALTERNATIVE FORMAT: The Request for Proposal is available in alternative formats upon request. It can be provided on CD in MS Word for Windows. If a Proposer elects to obtain the proposal in an alternative format, he must still obtain a paper copy of the proposal document through the MPO Designee, so that there are no debates about how much time there was to prepare the Response. Contact Mr. Johnny Limbaugh at (239) 330-2242 for details. REQUESTS FOR CLARIFICATION: Written questions must be received no later than ten (10) working days prior to proposal acceptance date. Should any questions or responses require revisions to the Request for Proposal as originally published, such revisions will be by formal amendment only. Other than minor procedural matters, questions regarding this proposal must be in writing and submitted to: http://leempo.flprocurement.com Questions/Answers

Or to Mr. Don Scott, Director Lee County MPO

P.O. Box 150045 Cape Coral, FL 33915-0045

(239) 244-2220 ext. 1 Dscott@leempo.com

GENERAL INFORMATION: Competitive sealed proposals differ from competitive sealed bidding in several areas:

a.) The criteria for evaluation of proposals are given under the paragraph titled Grading Criteria. Only these criteria will be used to determine the best response.

b.) Hourly rates and cost proposals [as called for in Section II, Proposal Contents] will not be reviewed until proposals are assigned points according to the evaluation criteria.

c.) Awards shall be made to the Proposer whose qualifications and responses are determined to be in the best interest of the Lee County MPO.

CONTRACTUAL CONDITIONS

The MPO has developed a standard professional service agreement for all consultant projects. All respondents to the LOI will be required, if selected to perform the work, to execute a service agreement within fifteen (15) days of Notice of Selection Award.

PROPOSER’S QUALIFICATIONS

All proposers must meet at least two of the “Qualification, Selection and Performance Evaluation Requirements 14-75.0022, 14-75.003, 14-75.004, 14-75.0051, and 14-75.0052” provided by the FDOT. All proposers must be primarily engaged in providing the services as outlined in the Scope of Services.

All proposers must have a demonstrated comprehensive understanding in areas listed in this proposal. Understanding and previous experience are a very essential criteria in the qualifying process. The MPO reserves the right to check all references furnished and consider the responses received in evaluating the proposals. The proposer’s personnel and management to be utilized in this service requirement shall be knowledgeable in their areas of expertise. The MPO reserves the right to perform investigations as may be deemed necessary to insure that competent persons will be utilized in the performance of the contract.

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Federal Provisions for Federally Funded Contracts

TERMS FOR FEDERAL-AID CONTRACTS The following terms apply to all contracts in which it is indicated in the Standard Professional Services Agreement that the services involve the expenditure of federal funds:

A. It is understood and agreed that all rights of the Agency relating to inspection, review, approval, patents, copyrights, and audit of the work, tracing, plans, specifications, maps, data, and cost records relating to this Agreement shall also be reserved and held by authorized representatives of the United States of America.

B. It is understood and agreed that, in order to permit federal participation, no supplemental agreement of any nature may be entered into by the parties hereto with regard to the work to be performed hereunder without the approval of the U.S. Department of Transportation, anything to the contrary in this Agreement notwithstanding

C. Compliance with Regulations: The Consultant shall comply with the Regulations of the U.S. Department of Transportation Title 49, Code of Federal Regulations, Part 21, and 23 CFR Part 230 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.

D. 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 material and leases of equipment. The Consultant will 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. The contractor will accept as its operating policy, the following statement, 'It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre-apprenticeship, and/or on-the-job training."

E. Solicitations for Subcontracts, 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 and 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.

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F. Information and Reports: The Consultant will provide all information and reports

required by the Regulations, or directives issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Agency, Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall so certify to the Agency, Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information.

G. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination provisions of this contract, the Agency shall impose such contract sanctions as it or the Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to, 1. Withholding of payments to the Consultant under the contract until the Consultant

complies and/or

2. Cancellation, termination or suspension of the contract, in whole or in part.

H. Incorporation or Provisions: The Consultant will include the provisions of

Paragraph C through H in every subcontract, including procurements of materials and leases of equipment unless exempt by the Regulations, order, or instructions issued pursuant thereto. The Consultant will take such action with respect to any subcontract or procurement as the Agency, Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration 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 subcontractor or supplier as a result of such direction, the Consultant may request the Agency to enter into such litigation to protect the interests of the Agency, and, in addition, the Consultant may request the United States to enter into such litigation to protect the interests of the United States.

I. Interest of Members of Congress: No member of or delegate to the Congress of the United States will be admitted to any share or part of this contract or to any benefit arising therefrom.

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J. Interest of Public Officials: No member, officer, or employee of the public body or of a local public body during his tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. For purposes of this provision, public body shall include municipalities and other political subdivisions of States; and public corporations, boards, and commissions established under the laws of any State.

K. Participation by Disadvantaged Business Enterprises: The Consultant shall agree to abide by the following statement from 49 CFR 26.13(b). This statement shall be included in all subsequent agreements between the Consultant and any sub-consultant or contractor.

1. “Policy: It is the policy of the Department of Transportation that Disadvantaged Business Enterprise as defined in 49 CFR Part 26 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this Agreement. Consequently, the DBE requirements of 49 CFR Part 26 applies to this agreement.”

2. The recipient is committed to nondiscrimination, as well as to opportunities for competition and growth among all small businesses. In this regard, all consultants and contractors associated with this project will make reasonable efforts to ensure DBEs and other small businesses have the maximum opportunity compete for contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT-assisted contracts”

3. Prompt Payment and Retainage Return: the contractor agrees that it will pay

subcontractors for satisfactory performance no later than 30 days from receipt of payment from the MPO. In addition, the contractor agrees to prompt and full return of any retainage to the subcontractor within 30 days after the subcontractor's work is satisfactorily completed."

L. It is mutually understood and agreed that the willful falsification, distortion or

misrepresentation with respect to any facts related to the project(s) described in this Agreement is a violation of the Federal Law. Accordingly, United States Code, Title 18, Section 1020, is hereby incorporated by reference and made a part of this Agreement.

M. It is understood and agreed that if the Consultant at any time learns that the certification it provided the Agency in compliance with CFR, Section 23.51, was erroneous when submitted or has become erroneous by reason of changed circumstances, the Consultant shall provide immediate written notice to the Agency. It is further agreed that the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" as set forth in 49 CFR, Section 29.510, shall be included by the Consultant in all lower tier covered transactions and in all aforementioned federal regulation.

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N. The Agency hereby certifies that neither the consultant nor the consultant's representative has been required by the Agency, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract, to 1. Employ or retain, or agree to employ or retain, any firm or person, or

2. pay, or agree to pay, to any firm, person, or organization, any fee, contribution,

donation, or consideration of any kind;

The Agency further acknowledges that this agreement will be furnished to a federal agency, in connection with this contract involving participation of Federal-Aid funds, and is subject to applicable State and Federal Laws, both criminal and civil.

O. The Consultant hereby certifies that it has not: 1. Employed or retained for a commission, percentage, brokerage, contingent fee, or

other consideration, any firm or person (other than a bona fide employee working solely for the above contractor) to solicit or secure this contract;

2. Agreed, as an express or implied condition for obtaining this contract, to employ or

retain the services of any firm or person in connection with carrying out this contract; or

3. Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for the above contractor) any fee contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the contract.

The consultant further acknowledges that this agreement will be furnished to the Agency and a federal agency in connection with this contract involving participation of Federal-Aid funds, and is subject to applicable State and Federal Laws, both criminal and civil.

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INSURANCE COVERAGE REQUIREMENTS

(1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be CONSULTANT’S sole responsibility.

(2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater.

(3) Coverages shall be maintained without interruption from the date of commencement of the Services until the date of completion of all Services required hereunder or as specified in this Agreement, whichever is longer.

(4) Simultaneously with the execution and delivery of this Agreement by CONSULTANT, CONSULTANT has delivered properly executed Certificates of insurance (3 copies) acceptable to the OWNER evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy.

(5) All insurance coverages of the CONSULTANT shall be primary to any insurance or self insurance program carried by the OWNER applicable to this Agreement.

(6) The acceptance by OWNER of any Certificate of Insurance pursuant to the terms of this Agreement does not constitute approval or agreement by the OWNER that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement.

(7) CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant’s services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the OWNER.

(8) Should at any time the CONSULTANT not maintain the insurance coverages required herein, the OWNER may terminate the Agreement and any Work Orders issued pursuant to the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between OWNER and CONSULTANT. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company

or companies used. The decision of the OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement.

(9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion

of the Services required hereunder or termination of the Agreement or any Work Order, the CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s) of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and OWNER may terminate the Agreement or any subsequently issued Work Order for cause.

WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY

Required by this Agreement? _X___ Yes ____ No

(1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the

CONSULTANT during the term of this Agreement for all employees engaged in the work under

this Agreement in accordance with the laws of the State of Florida. The amounts of such

insurance shall not be less than:

a. Worker's Compensation - Florida Statutory Requirements

b. Employers' Liability (check one)

__X__ $500,000 Each Accident $500,000 Disease Aggregate

$500,000 Disease Each Employee

____ $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee

(2) The insurance company shall waive all claims rights against the OWNER and the policy shall

be so endorsed.

(3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work.

____ Applicable __X__ Not Applicable

(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work.

____ Applicable ___X__ Not Applicable

COMMERCIAL GENERAL LIABILITY

Required by this Agreement? __X__ Yes ____ No

(5) Commercial General Liability Insurance, written on an “occurrence” basis, shall be maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the following:

____ General Aggregate $300,000 Products/Completed Operations Aggregate $300,000 Personal and Advertising Injury $300,000 Each Occurrence $300,000 Fire Damage $ 50,000

____ General Aggregate $500,000 Products/Completed Operations Aggregate $500,000 Personal and Advertising Injury $500,000 Each Occurrence $500,000 Fire Damage $ 50,000

__X__General Aggregate $1,000,000 Products/Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence $1,000,000 Fire Damage $ 50,000

(6) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." Applicable deductibles or self-insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or its designee.

(7) The OWNER shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the OWNER.

(8) Coverage shall be included for explosion, collapse or underground property damage claims.

(9) Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement.

____ Applicable __X__ Not Applicable

(10) Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement.

____ Applicable __X__ Not Applicable

AUTOMOBILE LIABILITY INSURANCE

Required by this Agreement? __X__ Yes ____ No

(11) Automobile Liability Insurance shall be maintained by the CONSULTANT for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than:

__X__ Bodily Injury & Property Damage - $ 500,000

_____ Bodily Injury & Property Damage - $1,000,000

UMBRELLA LIABILITY

(12) Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability, and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis.

(13) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance.

PROFESSIONAL LIABILITY INSURANCE

Required by this Agreement? __X__ Yes ____ No

(14) Professional Liability Insurance shall be maintained by the CONSULTANT to insure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than:

____ $ 500,000 each claim and in the aggregate

__X__ $1,000,000 each claim and in the aggregate

____ $2,000,000 each claim and in the aggregate

____ $5,000,000 each claim and in the aggregate

(15) Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Deductible amounts are subject to the approval of the OWNER.

(16) The CONSULTANT shall continue this coverage for a period of not less than five (5) years following completion of all Services authorized under this Agreement.

(17) The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or OWNER under this Agreement, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to OWNER of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by OWNER.

VALUABLE PAPERS INSURANCE

(18) In the sole discretion of the County, on a work order by work order basis, CONSULTANT may be required to purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement.

PROJECT PROFESSIONAL LIABILITY

(19) If OWNER notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and OWNER’S insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT’S professional liability policy. If no credit is available from CONSULTANT’S current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER, OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for the provision of project-specific professional liability insurance policy in consideration for a reduction in CONSULTANT’S self-insured retention and the risk of uninsured or underinsured consultants.

(20) CONSULTANT agrees to provide the following information when requested by OWNER or

OWNER’S Project Manager:

a. The date the professional liability insurance renews. b. Current policy limits. c. Current deductibles/self-insured retention. d. Current underwriter.

e. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy.

f. Cost of professional insurance as a percent of revenue. g. Affirmation that the design firm will complete a timely project errors and omissions application.

(21) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and OWNER will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds.

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APPENDIX

REQUIRED

Forms, Statements, Documentation

Lee County Metropolitan Planning Organization (MPO)REQUEST FOR LETTERS OF INTEREST

Professional Planning/Engineering Services Related To LeeCounty Roundabout Study

FPN: 434991-1LOI: J01-2015

DRUG-FREE WORKPLACE CERTIFICATION

THE BELOW SIGNED BIDDER CERTIFIES that it has implemented a drug-free workplace program. In order to have a drug-free workplace program, a business shall:

1. Publish a statement notifying employees that the unlawful manufacture, distribution,dispensing, possession, or use of a controlled substance is prohibited in the workplaceand specifying the actions that will be taken against employees for violations of suchprohibition.

2. Inform employees about the dangers of drug abuse in the workplace, the business’spolicy of maintaining a drug-free workplace, any available drug counseling, rehabilitationand employee assistance programs, and the penalties that may be imposed uponemployees for drug abuse violations.

3. Give each employee engaged in providing the commodities or contractual services thatare under quote a copy of the statement specified in subsection 1.

4. In the statement specified in subsection 1, notify the employees that, as a condition ofworking on the commodities or contractual services that are under quote, the employeewill abide by the terms of the statement and will notify the employer of any conviction of,or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlledsubstance law of the United States or any state, for a violation occurring in theworkplace no later than five (5) days after such conviction.

5. Impose a sanction on, or require the satisfactory participation in, drug abuse assistanceor rehabilitation program if such is available in employee’s community, by any employeewho is convicted.

6. Make a good faith effort to continue to maintain a drug-free workplace throughimplementation of this section.

As the person authorized to sign this statement, I certify that this company complies/will comply fully with the above requirements.

DATE: SIGNATURE: Company: NAME:

Address: TITLE: (Typed or Printed)

PHONE NO: E-MAIL:

Last Revised – 08/14/2013 Page 1

E-VERIFY COMPLIANCE CERTIFICATION

In accordance with Lee County MPO Policy and Executive Order Number 11-116 from the office of the Governor of the State of Florida, Bidder hereby certifies that the U.S. Department of Homeland Security’s E-Verify system will be used to verify the employment eligibility of all new employees hired by the contractor during the contract term, and shall expressly require any subcontractors performing work or providing services pursuant to the contract to likewise utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term; and shall provide documentation of such verification to the OWNER upon request.

As the person authorized to sign this statement, I certify that this company complies/will comply fully with the above requirements.

DATE: SIGNATURE: Company: NAME:

Address: TITLE: (Typed or Printed)

PHONE NO: E-MAIL:

Last Revised – 08/14/2013 Page 1

SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES

(To be signed in the presence of a notary public or other officer authorized to administer oaths.)

Before me, the undersigned authority, personally appeared ____________________, who, being by me first duly sworn, made the following statements:

1. The business address of ______________________________(name of bidder or contractor)

is ___________________________________________________________________.

2. My relationship to____________________________________ (name of bidder or contractor)

is __________________________________________________________________________. (relationship such as sole proprietor, partner, president, vice president, etc.)

3. I understand that a public entity crime as defined in Section 287.133 of the Florida Statutesincludes a violation of any state or federal law by a person with respect to and directly relatedto the transaction of business with any public entity in Florida or with an agency or politicalsubdivision of any other state or with the United States, including, but not limited to, any bidor contract for goods or services to be provided to any public entity or such an agency orpolitical subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering,conspiracy, or material misrepresentation.

4. I understand that “convicted” or “conviction” is defined by the statute to mean a finding of guiltor a conviction of a public entity crime, with or without an adjudication of guilt, in any federalor state trail court of record relating to charges brought by indictment or information after July1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolocontendere.

5. I understand that “affiliate” is defined by the statute to mean (1) a predecessor or successorof a person or a corporation convicted of a public entity crime, or (2) an entity under thecontrol of any natural person who is active in the management of the entity and who hasbeen convicted of a public entity crime, or (3) those officers, directors, executives, partners,shareholders, employees, members, and agents who are active in the management of anaffiliate, or (4) a person or corporation who knowingly entered into a joint venture with aperson who has been convicted of a public entity crime in Florida during the preceding 36months.

6. Neither the bidder or contractor nor any officer, director, executive, partner, shareholder,employee, member or agent who is active in the management of the bidder or contractor norany affiliate of the bidder or contractor has been convicted of a public entity crimesubsequent to July 1, 1989.

_____________________________________________ Signature/Date (undersigned authority)

Sworn to and subscribed before me in the state of and county of ______________on the _____day of _____________, 20____.

(affix seal) ________________________________ Notary Public

___________________ My commission expires

CONFLICT OF INTEREST CERTIFICATION FOR CONSULTANTS/CONTRACTORS

I certify that I have no present conflict of interest, that I have no knowledge of any conflict of interest that my firm may have, and that I will recuse myself from any capacity of decision making, approval, disapproval, or recommendation on any contract if I have a conflict of interest or a potential conflict of interest.

Consultants/Contractors are expected to safeguard their ability to make objective, fair, and impartial decisions when performing work for the MPO, and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable observer that the benefit was intended to influence a pending or future decision of theirs, or to reward a past decision. Consultants performing work for the MPO should avoid any conduct (whether in the context of business, financial, or social relationships) which might undermine the public trust, whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety.

For purposes of determining any possible conflict of interest, all firms, must disclose if any Lee County Metropolitan Planning Organization Board Members, Employee(s), Advisory Committee Member(s), of if any of its agencies is also an owner, corporate officer, agency, employee, etc., of their business.

Indicate either “yes” (a MPO employee, elected official, or agency is also associated with your business), or “no”. If yes, give person(s) name(s) and position(s) with your business.

Yes No

Name(s) Position(s)

I realize that violation of the above mentioned standards could result in the termination of my work for the MPO.

DATE: SIGNATURE: Company: NAME:

Address: TITLE: (Typed or Printed)

PHONE NO: E-MAIL:

Last Revised 08/14/2013 Page 1

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

TRUTH IN NEGOTIATION CERTIFICATION 375-030-30

PROCUREMENT 10/01

For any lump-sum or cost-plus-a-fixed-fee professional service agreement over $60,000 the Florida Department of Transportation (Department) requires the Consultant to execute this certificate and include it with the submittal of the Technical Proposal.

The Consultant hereby certifies, covenants and warrants that wage rates and other factual unit costs supporting the compensation for this project's agreement will be accurate, complete, and current at the time of contracting.

The Consultant further agrees that the original agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the Department determines the agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such agreement adjustments shall be made within one (1) year following the end of the agreement. For purpose of this certificate, the end of the agreement shall be deemed to be the date of final billing or acceptance of the work by the Department, whichever is later.

Name of Consultant

By: Authorized Signature Date

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

BID OPPORTUNITY LIST FOR PROFESSIONAL CONSULTANT SERVICES, AND COMMODITIES & CONTRACTUAL SERVICES

375-040-62 PROCUREMENT

04/07

Prime Contractor/Prime Consultant:

Address/Phone Number:

Procurement Number/Advertisement Number:

49 CFR Part 26.11 The list is intended to be a listing of all firms that are participating, or attempting to participate, on DOT-assisted contracts. The list must include all firms that bid on prime contracts, or bid or quote subcontracts and supplies materials on DOT-assisted projects, including both DBEs and non-DBEs. For consulting companies this list must include all subconsultants contacting you and expressing an interest in teaming with you on a specific DOT-assisted project. Prime contractors and consultants must provide information for Numbers 1, 2, 3 and 4, and should provide any information they have available on Numbers 5, 6, 7, and 8 for themselves, and their subcontractors and subconsultants.

1. Federal Tax ID Number: 6. DBE 8. Annual Gross Receipts2. Firm Name: Non-DBE Less than $1 million3. Phone: Between $1 - $5 million4. Address: Between $5 - $10 million

7. Subcontractor Between $10 - $15 millionSubconsultant More than $15 million

5. Year Firm Established:

1. Federal Tax ID Number: 6. DBE 8. Annual Gross Receipts2. Firm Name: Non-DBE Less than $1 million3. Phone: Between $1 - $5 million4. Address: Between $5 - $10 million

7. Subcontractor Between $10 - $15 millionSubconsultant More than $15 million

5. Year Firm Established:

1. Federal Tax ID Number: 6. DBE 8. Annual Gross Receipts2. Firm Name: Non-DBE Less than $1 million3. Phone: Between $1 - $5 million4. Address: Between $5 - $10 million

7. Subcontractor Between $10 - $15 millionSubconsultant More than $15 million

5. Year Firm Established:

1. Federal Tax ID Number: 6. DBE 8. Annual Gross Receipts2. Firm Name: Non-DBE Less than $1 million3. Phone: Between $1 - $5 million4. Address: Between $5 - $10 million

7. Subcontractor Between $10 - $15 millionSubconsultant More than $15 million

5. Year Firm Established:

AS APPLICABLE, PLEASE SUBMIT THIS FORM WITH YOUR: BID SHEET (Invitation to Bid – ITB) LETTERS OF RESPONSE (LOR) PRICE PROPOSAL (Request for Proposal – RFP) REPLY (Invitation to Negotiate – ITN)

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

DBE AND SMALL BUSINESS PARTICIPATION STATEMENT 375-030-62

PROCUREMENT 07/13

Note: The Firm is required to complete the following information and submit this form with the technical proposal.

Contract No. or Advertisement No.: Project Description: Firm Name:

This Firm is is not a Department of Transportation certified Disadvantaged Business Enterprise (DBE).

This Firm is is not a Small Business.

Expected percentage of contract fees to be utilized by DBE(s): %.

The proposed DBE subcontractors/subconsultants are as follows:

DBE Subcontractor/Subconsultant Type of Work

Expected percentage of contract fees to be utilized by Small Businesses %.

The proposed Small Business subcontractors/subconsultants are as follows:

Small Business Subcontractor/Subconsultant Type of Work

All small business primes and subcontractors/subconsultants listed above must also complete and submit FDOT Form No. 275-000-01 Business Development Initiative Affidavit & Profile along with this form, in order to be considered as a small business.

By:

Title:

Date:

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION FOR FEDERAL

AID CONTRACTS (Compliance with 49CFR, Section 29.510)

(Appendix B Certification]

375-030-32 PROCUREMENT

10/01

It is certified that neither the below identified firm nor its principals are presently suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency.

Name of Consultant:

By Date: Authorized Signature

Title:

Instructions for Certification

1 . By signing and submitting this certification with the proposal, the prospective lower tier participant is providing the certification set out below.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction wasentered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department may pursue available remedies, including suspension and/or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted. Ifat any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms 'covered transaction', 'debarred', 'suspended', 'ineligible', 'lower tier covered transaction','participant', 'person', primarycovered transaction', 'principal', 'proposal', and 'voluntarily excluded', as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the person to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction beentered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the Department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled “Appendix B:Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction", without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transactionthat it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List.

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in goodfaith the certification required by this clause. The knowledge and information of a participant are not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowinglyenters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the Department may pursue available remedies, including suspension and/or debarment.

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES ON FEDERAL-AID CONTRACTS

(Compliance with 49CFR, Section 20.100 (b))

375-030-33 PROCUREMENT

10/01

The prospective participant certifies, by signing this certification, that to the best of his or her knowledge and belief:

(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. (Standard Form-LLL can be obtained from the Florida Department of Transportation's Professional Services Administrator or Procurement Office.)

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The prospective participant also agrees by submitting his or her proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.

Name of Consultant:

By: Date:

Authorized Signature:

Title: