_00 Addendum No. 3 and Q&A.pdf

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Attached to
Purchase of Wetland Mitigation Functional Credits
Solicitation number
ITB-16803
Issued by
Orange County, Florida

About this file

This Addendum No. 3, issued September 21, 2026, by the Florida Department of Transportation's Florida Turnpike Enterprise, provides clarifications and revisions to solicitation DOT-ITB-27-8016-RM for the purchase of state and federal freshwater herbaceous and forested wetland mitigation functional credits to offset approximately 30 acres of wetland impacts in Osceola County. The project supports widening Florida's Turnpike (SR 91) from four to eight lanes within the South Florida Water Management District Lake Tohopekaliga Cumulative Impact Basin. Original bids were due September 14, 2026, with public opening scheduled for 3:00 p.m. Eastern Time that same day. Bidders must hold valid state and/or federal wetland mitigation banking permits and maintain current wetland mitigation functional credit ledgers. The Department intends to award to the lowest bidder or combination of bidders meeting quantity requirements. The initial contract term is three years following issuance of the first Task Work Order, with potential renewal for up to three additional years contingent upon satisfactory performance and fund availability. No pre-bid conference was held, and no performance bond is required.

Addendum No. 3 clarifies that the "number of credits available" field in the bid blank identifies the bidder's current credit capacity at bid submittal and establishes the cost per credit, with no obligation to reserve credits unless the Department issues a Task Work Order or makes a binding commitment to purchase specified quantities. Vendors must provide reservation letters documenting reserved credits only after Contract execution and written request from the Department's Project Manager. The addendum also revises requirements regarding service area coverage, allowing bidders to provide written verification from the South Florida Water Management District (SFWMD) and/or Army Corps of Engineers (ACOE) that credits are acceptable to offset wetland impacts, with FDOT responsible for obtaining project-specific regulatory approvals. Compensation is on a cost-per-credit basis for herbaceous and/or forested wetland mitigation functional credits, with invoicing due within five calendar days of Task Work Order issuance and proof of credit transfer due within 45 calendar days of payment. A 1 percent daily payment reduction applies if vendors fail to provide required reservation letters within three calendar days of written request. All vendors must register with MyFloridaMarketPlace prior to bid submission and are subject to a 1 percent transaction fee on all payments. The contract is funded through Florida Department of Transportation appropriations and is subject to annual legislative appropriations.

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File Type Posted
Complete Bid Package.pdf PDF
Addendum No. 1-Timeline Revised.pdf PDF
Addendum No. 2-Timeline Revised.pdf PDF

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Text version

Florida Department of Transportation

Florida Turnpike Enterprise

DOT-ITB-27-8016-RM

Addendum No. 3

Date: September 21, 2026

To: Bidders

M E M O R A N D U M

ADDENDUM NO. 3

From: Robin Morgan

Procurement Officer

Florida’s Turnpike Enterprise

Subject: DOT-ITB-27-8016-RM

Purchase of State and Federal Freshwater Herbaceous and Forested Wetland Mitigation Functional

Credits to Offset State and/or Federal Wetland Impacts

The Department’s responses to timely submitted questions are enclosed with this Addendum No. 3.

The above-referenced solicitation is revised as set forth in this Addendum (additions are indicated by underlined text; deletions are indicated by strikethrough text):

1. Exhibit “A,” Technical Specifications, Page A-2, Section 5.0 B has been revised as follows:

B. The Vendor shall have a current wetland mitigation functional credit ledger(s) itemizing the number of available state and/or federal freshwater herbaceous and/or forested wetland mitigation functional credits at the time of bid submittal and prior to each purchase the issuance of a Task Work Order.

2. Exhibit “A,” Technical Specifications, Page A-2, Section 5.0 C has been revised as follows:

C. The Vendor wetland mitigation service(s) shall either maintain a state and/or federal wetland mitigation bank service area that geographically encompasses the projects’ wetland impacts. , or alternatively, a Vendor must obtain can provide written verification from SFWMD and/or ACOE that its state and/or federal freshwater herbaceous and/or forested wetland mitigation functional credits are acceptable to offset wetland impacts for the projects (SFWMD Cumulative Impact Analysis or

ACOE proximity factor), that written verification would need to be provided before the Department requests a reservation letter.

3. Exhibit “A,” Technical Specifications, Page A-2, Section 5.0 F has been revised as follows:

F. Following the execution of the Contract and upon written request from the Department’s

Project/Contract Manager, the Vendor will provide a reservation letter(s) documenting the number of state and/or federal freshwater wetland mitigation functional credits reserved by their wetland mitigation bank(s) for this project(s). The Department is not requiring the Vendor to reserve and hold any quantity of credits until the Contract is executed and a reservation letter is requested.

4. Form 1 – Bidder Certification of Qualifications, is replaced with the revised Form 1, dated 9/21/2026 attached to this Addendum No. 3.

Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida

Statutes.

Florida Department of Transportation, DOT-ITB-27-8016-RM

Florida’s Turnpike Enterprise Responses to Questions

The Department’s responses to timely submitted questions are below.

No. Question Response

1. Exhibit C, Bid Blank, requires bidders to identify both the cost per credit and the number of credits available. In addition, Section 5.F of Exhibit A, Technical Specifications, provides that following execution of the

Contract and upon written request from the Department’s Project/Contract

Manager, the Vendor will provide a reservation letter documenting the number of mitigation credits reserved for the project. Section 5.G then provides that the Vendor invoices the Department following issuance of a

Task Work Order (“TWO”). Please clarify the intended relationship between these requirements. Specifically, when a bidder identifies the “# of Credits Available” on the Bid Blank, is the Department requiring the successful Vendor to reserve and hold that quantity of credits exclusively for FDOT following Contract execution, without payment, until FDOT subsequently issues a TWO?

Or, alternatively, is the “# of Credits Available” intended to identify the

Vendor’s current capacity, with the Contract establishing the Vendor’s unit price, but with no obligation to reserve or hold credits for FDOT unless and until FDOT issues a TWO or otherwise makes a binding commitment to purchase a specified quantity of credits?

If FDOT may require credits to be reserved before issuance of a TWO and payment, please also clarify how long the Vendor must maintain the reservation, whether the reserved credits may be sold to another purchaser during that period, and what occurs if FDOT ultimately does not issue a

TWO for the reserved credits.

The “# of Credits Available” fields in Exhibit “C,” Bid Blank are intended to identify the Bidder’s current credit capacity at the time of Bid submittal and to establish the Bidder’s cost per credit. The Vendor is responsible for providing a reservation letter(s) documenting the number of state and/or federal freshwater wetland mitigation functional credits reserved by their wetland mitigation bank(s) for this project(s).

Florida’s Turnpike Enterprise Responses to Questions

2. Form 1, Bidder Certification of Qualifications, requires the Bidder to certify that its mitigation bank service area encompasses the Project impacts “or written verification from SFWMD and/or ACOE” and that its mitigation credits are acceptable to offset the Project impacts, specifically referencing the “SFWMD Cumulative Impact Analysis or ACOE proximity factor.” The Technical Specifications contain a substantially similar requirement.

The ACOE Proximity Factor process contemplates the potential use of mitigation credits outside an approved mitigation bank service area.

However, the determination of whether out-of-service-area credits are acceptable for a particular Project, including application of any proximity factor and determination of the resulting mitigation requirement, is a regulatory determination made by ACOE in connection with the permit applicant's Project. The mitigation bank does not make that determination, and the Bidder is not the permit applicant for this Project.

Question: Please confirm that a Bidder may bid available federal mitigation credits located outside the Project's mitigation bank service area and that FDOT, as the Project/permit applicant, will be responsible for obtaining any required project-specific determination or approval from

ACOE regarding the acceptability of those credits and application of the

ACOE proximity factor.

Please further confirm that the Bidder is not required, as a condition of submitting a responsive Bid, to obtain written verification or project-specific approval from ACOE regarding the acceptability of its credits, and that the Bidder's certification is limited to matters within the Bidder's knowledge and control, including the type and quantity of mitigation credits it has available.

If FDOT instead intends to require a Bidder whose credits are outside the

Project's mitigation bank service area to obtain project-specific ACOE approval before the Bid due date, please clarify that requirement and explain how a mitigation bank that is not the Project permit applicant is expected to obtain that regulatory determination.

Please refer to Addendum No. 3.

Florida’s Turnpike Enterprise Form 1

Addendum No. 3 – Dated 9/21/2026 Form 1

Bidder Certification of Qualifications

BIDDER CERTIFICATION OF QUALIFICATIONS

This form must be completed by a duly authorized representative of the Bidder and must be submitted by the Bidder with its Bid. If the Department discovers that any of the information on this form is false prior to award, the Department reserves the right to deem the Bidder non-responsive and cease any consideration of its Bid. If the Department discovers that any information on this form is false after award to the Bidder is made, the Department reserves the right to terminate the Contract and hold the Bidder liable for costs associated with re-procurement.

I, as , of (Name) (Title)

________________________________________________________________ (“Bidder”), hereby certify (Name of Bidder) on behalf of the Bidder, that:

• The Bidder is currently authorized by the Florida Department of State to transact business in the State of Florida.

• The Bidder currently has a valid state and/or federal wetland mitigation bank permit.

• The Bidder has a current wetland mitigation functional credit ledger(s) itemizing the number of available state and/or federal freshwater herbaceous and/or forested wetland mitigation functional credits at the time of Bid submittal.

By signing below, the undersigned certifies the following: (1) that the responses provided above are true, accurate, and complete, (2) that the undersigned is authorized to execute this form on behalf of, and to bind, the Bidder on whose behalf the undersigned executes this form, and (3) and that the Bidder understands and agrees with each of the statements set forth above.

Signature of Authorized Representative:

Printed Name:

Title:

Date:

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