9091 Solicitation Document.pdf

ITBSHELL.SERVICES 4/11/2024

State of Florida Department of Transportation

INVITATION TO BID

Long Term Protected Gopher Tortoise Conservation Recipient Site(s) for Florida Department of

Transportation

DOT-ITB-25-9091-CA

CONTACT FOR QUESTIONS:

Cassandra Anderson, Procurement Agent 605 Suwannee Street, Mail Station 20

Tallahassee, Florida 32399-0450 CO.Purch@dot.state.fl.us mailto:CO.Purch@dot.state.fl.us

State of Florida Department of Transportation Central Procurement Office

605 Suwannee Street, MS 20

INVITATION TO BID REGISTRATION

PLEASE COMPLETE AND RETURN THIS FORM ASAP

E-MAIL TO CO.Purch@dot.state.fl.us

Bid Number: DOT-ITB-25-9091-CA

Title: Long Term Protected Gopher Tortoise Conservation Recipient Site(s) for Florida Department of Transportation

Bid Due Date & Time (On or Before): July 29, 2025 @ 9:00 AM EST

Potential bidders should notify our office by returning this Bid Registration Form as soon as possible after downloading. Complete the information below e-mail to CO.Purch@dot.state.fl.us.

THE INVITATION TO BID DOCUMENT YOU RECEIVED IS SUBJECT TO

CHANGE. Notice of changes (Addenda), will be posted on the Florida Vendor Information Portal at https://vendor.myfloridamarketplace.com/, under this bid number, click on “Search Advertisements”, click on the drop-down arrow beside the box under Advertisement Type, select Invitation to Bid, click on the drop-down arrow beside the box for Organization, select FLORIDA DEPARTMENT OF TRANSPORTATION, then go to the bottom of the same page and click on Advertisement Search. It is the responsibility of all potential bidders to monitor this site for any changing information prior to submitting your bid.

Company Name:

Address:

City, State, Zip:

Telephone: ( ) Contact Person:

Internet E-Mail Address: __________________________________________________

For further information on this process, e-mail: CO.Purch@dot.state.fl.us mailto:CO.Purch@dot.state.fl.us https://vendor.myfloridamarketplace.com/

I N T R O D U C T I O N S E C T I O N

1) INVITATION

Pursuant to this Invitation to Bid (“Invitation to Bid” or “ITB”), the Florida Department of Transportation, is soliciting written Bids from qualified Bidders to establish one or more Contracts for the provision of all labor, materials, equipment, and incidentals necessary for Long Term Protected Gopher Tortoise Conservation Recipient Site(s) to accept gopher tortoises from donor site(s) located within Department's Moving I-4 Forward Projects located in Orange, Osceola and Polk Counties.

The Department is seeking recipient or multiple recipient sites that can accept up to three hundred ten

(310) gopher tortoises with the potential capacity to accept additional gopher tortoises as required with future permit amendments. However, the Department may accept bids for less than the required three hundred ten (310) gopher tortoises and reserves the right to retain multiple recipient sites to meet the needs of this project. Details are provided in Exhibit “A”, Scope of Services.

The Department’s intent is to establish a contract(s) with the responsive and responsible Bidder with the lowest bid based on the gopher tortoise unit rate or the lowest combination of bidders based on the gopher tortoise unit rate to meet the needs of this project.

For the purpose of this document, the term "bidder" means the bidder acting on their own behalf and those individuals, partnerships, firms, or corporations comprising the bidder team. The term "bid package" means the complete response of the bidder to the Invitation to Bid, including properly completed forms and supporting documentation. After the award, said bidder will be referred to as the "Vendor".

2) TIMELINE

Provided below is a list of critical dates and actions. These dates are subject to change. Notices of changes (Addenda) will be posted on the Florida Vendor Information portal at https://vendor.myfloridamarketplace.com/ (click on “Search Advertisements”) under this bid number. It is the responsibility of all potential bidders to monitor this site for any changing information prior to submitting your bid.

ACTION / LOCATION DATE LOCAL TIME

ADVERTISEMENT DATE July 14, 2025

DEADLINE FOR ALL QUESTIONS

July 21, 2025

10:00 AM

QUESTIONS AND ANSWERS POSTED

July 22, 2025

4:00 PM

BIDS DUE (ON OR BEFORE)

Attn: Cassandra Anderson, Procurement Agent CO.Purch@dot.state.fl.us (See Special Condition 27)

July 29, 2025

9:00 AM

PUBLIC OPENING OF BIDS RECEIVED

Florida Department of Transportation Central Procurement Office Attn: Cassandra Anderson, Procurement Agent 605 Suwannee Street, MS 20

10:00 AM

POSTING OF INTENDED DECISION/AWARD

3) BID OPENING AGENDA

The sealed bids will be opened by the Department's Procurement Office personnel at the date, time and location in the Timeline. All bid openings are open to the public and will be conducted according to the following agenda:

Opening remarks – Approximate time of 2 minutes by Department Procurement Office personnel.

Public input period – To allow a maximum of 15 minutes total for public input related to the bid solicitation.

Bids opened – At conclusion of public input or 15 minutes, whichever occurs first, bids received timely will be opened with bidder’s name and prices to be read aloud.

Adjourn - After all bids received timely have been opened, the meeting will be adjourned.

4) SPECIAL ACCOMMODATIONS

Any person with a qualified disability requiring special accommodations at a pre-bid conference, public meeting, and/or opening shall contact the contact person at the phone number, e-mail address provided on the title page at least five (5) working days prior to the event. If you are hearing or speech impaired, please contact this office by using the Florida Relay Services which can be reached at 1 (800) 955-8771

(TDD).

S P E C I A L C O N D I T I O N S

1) MyFloridaMarketPlace

BIDDERS MUST BE REGISTERED IN THE STATE OF FLORIDA’S MYFLORIDAMARKETPLACE

SYSTEM BY THE TIME AND DATE OF THE BID OPENING OR THEY MAY BE CONSIDERED NON-

RESPONSIVE (see Special Condition 21). All prospective bidders that are not registered should go to https://vendor.myfloridamarketplace.com/ to complete on-line registration, or call 1-866-352-3776 for assisted registration.

All payment(s) to the vendor resulting from this competitive solicitation WILL be subject to the MFMP Transaction Fee in accordance with the referenced Form PUR 1000 General Contract Condition #7d.

The Transaction Fees imposed shall be based upon the date of issuance of the payment.

2) Florida Department of Financial Services (DFS) W-9 REQUIREMENT

The Florida Department of Financial Services (DFS) requires all vendors that do business with the state to submit an electronic Substitute Form W-9. Vendors must submit their W-9 forms electronically at https://flvendor.myfloridacfo.com to receive payments from the state. Contact the DFS Customer Service Desk at (850) 413-5519 or FLW9@myfloridacfo.com with any questions.

https://flvendor.myfloridacfo.com/ mailto:FLW9@myfloridacfo.com

3) QUESTIONS & ANSWERS

In accordance with section 287.057(25), Florida Statutes, respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation documents.

Violation of this provision may be grounds for rejecting a response.

Any technical questions arising from this Invitation to Bid must be forwarded, in writing, to the procurement agent identified below. Questions must be received no later than the time and date reflected on the Timeline. The Department’s written response to written inquiries submitted timely by bidders will be posted on the Florida Vendor Information portal at https://vendor.myfloridamarketplace.com/ (“Search Advertisements”), under this bid number. It is the responsibility of all potential bidders to monitor this site for any changing information prior to submitting their bid.

WRITTEN TECHNICAL QUESTIONS should be submitted to:

Cassandra Anderson, Procurement Agent CO.Purch@dot.state.fl.us

4) ORAL INSTRUCTIONS / CHANGES TO THE INVITATION TO BID (ADDENDA)

No negotiations, decisions, or actions will be initiated or executed by a bidder as a result of any oral discussions with a State employee. Only those communications which are in writing from the Department will be considered as a duly authorized expression on behalf of the Department.

Notices of changes (Addenda) will be posted on the Florida Vendor Information portal at https://vendor.myfloridamarketplace.com/ (“Search Advertisements”) under this bid number. It is the responsibility of all potential bidders to monitor this site for any changing information prior to submitting your bid. All Addenda will be acknowledged by signature and subsequent submission of Addenda with bid when so stated in the Addenda.

5) DIVERSITY ACHIEVEMENT

MINORITY BUSINESS ENTERPRISE (MBE) UTILIZATION

The Department, in accordance with Title VI of the Civil Rights Act of 1964, 42 USC 2000d- 2000d-4, Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in federally-assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that the Department will affirmatively ensure that in any contract/agreement entered into pursuant to this advertisement, minority and disadvantaged business enterprises will be afforded the full opportunity to submit bids in response to this invitation and will not be discriminated on the basis of race, color, national origin, or sex in consideration for an award.

The Department encourages small, minority, women, and service-disabled veteran businesses to compete for Department contracts, both as “Vendor” and as subcontractors. The Department, its vendors, suppliers, and consultants should take all necessary and reasonable steps to ensure that small, minority, women, and service-disabled veteran businesses have the opportunity to compete for and perform contract work for the Department in a nondiscriminatory environment. Bidders are requested to indicate their intention regarding MBE participation on the MBE Planned Utilization form and to submit the completed form with their Bid Sheet. The contract vendor will be asked to submit payment certification for MBE subcontractors used.

To request certification or to locate certified MBEs, call the Office of Supplier Diversity, Department of https://vendor.myfloridamarketplace.com/

Management Services at (850) 487-0915, or access their MBE directory on the Internet at www.osd.dms.state.fl.us/.

6) SCOPE OF SERVICES

Details of the services, information and items to be furnished by the Vendor are described in Exhibit "A", Scope of Services, attached hereto and made a part hereof.

7) INTENDED AWARD

The Department intends to award this contract to the responsive and responsible bidder that submits the lowest responsive bid. The Department may award multiple bidders that can provide wetland mitigation bank credits meeting the Department’s needs. The Department will issue Purchase Orders to meet project needs to the lowest responsive bidder(s) with wetland mitigation bank credits available.

If the Department is confronted with identical pricing or scoring from multiple vendors, the Department shall determine the order of award using the following criteria, in the order of preference listed below (from highest priority to lowest priority):

1. Section 295.187(4), Florida Statutes; Veteran Business Enterprise

2. Section 287.087, Florida Statute; Drug Free Work Place

3. Section 287.057(11); Minority Business Enterprise

In the event that the application of the above referenced preferences does not resolve the identical replies, the Department shall determine the award by means of random drawing.

8) PRE-BID CONFERENCE: A PRE-BID CONFERENCE WILL NOT BE HELD.

9) QUALIFICATIONS

9.1 GENERAL

Bidder must meet the qualifications and requirements as specified in “Exhibit “A” Scope of Services. Bidder must provide a permit with their bid, failure to do so will result in the bid being found non-responsive. Non-responsive replies will not be considered.

9.2 AUTHORIZED TO DO BUSINESS IN THE STATE OF FLORIDA

In accordance with sections 607.1501, 605.0211(2)(b), and 620.9102, Florida Statutes, out of state corporations, out of state limited liability companies, and out of state limited partnerships must be authorized to do business in the State of Florida. Such authorization should be obtained by the bid due date and time, but in any case, must be obtained prior to the award of the contract. For authorization, contact:

Florida Department of State

Tallahassee, Florida 32399

(850) 245-6051

9.3 LICENSE TO CONDUCT SERVICES IN THE STATE OF FLORIDA

If the services being provided requires that individuals be licensed by the Department of Business and Professional Regulation, such licenses should be obtained by the bid due date and time, but in any case, must be obtained prior to posting of the intended award of the contract.

For licensing, contact:

http://www.osd.dms.state.fl.us/

Florida Department of Business and Professional Regulation

Tallahassee, Florida 32399-0797

(850) 487-1395

10) WARRANTY/SUBSTITUTIONS

When performance of the services requires the supply of commodities, a warranty is required on all items provided against defective materials, workmanship, and failure to perform in accordance with required industry performance criteria, for a period of not less than ninety (90) days from the date of acceptance by the purchaser. Any deviation from this criterion must be documented in the bid response or the above statement shall prevail. Delivery of substitute commodities requires prior written approval from the ordering location.

Replacement of all materials found defective within the warranty period shall be made without cost to the purchaser, including transportation if applicable. All fees associated with restocking cancelled orders shall be the responsibility of the vendor.

All items provided during the performance of the contract found to be poorly manufactured will not be accepted, but returned to the vendor, at their expense, for replacement. Replacement of all items found defective shall be made without cost to the Department, including transportation, if applicable.

As it may be impossible for each facility to inspect all items upon arrival, a reasonable opportunity must be given to these facilities for inspection of the items, and returning those that are defective.

11) LIABILITY INSURANCE

No general liability insurance is required.

12) PERFORMANCE BOND

A Performance Bond is not required for this project.

13) METHOD OF COMPENSATION

Exhibit “B” Method of Compensation is attached hereto and made a part hereof.

14) CONTRACT DOCUMENT

PURCHASE ORDER

The MyFloridaMarketPlace “Purchase Order Terms and Conditions” and the Department’s “Purchase Order Terms & Conditions” are referenced or attached hereto and made a part hereof. The terms and conditions contained therein will become an integral part of each Purchase Order issued for this solicitation. In submitting a bid, the bidder agrees to be legally bound by these terms and conditions.

15) REVIEW OF BIDDER'S FACILITIES & QUALIFICATIONS

After the bid due date and prior to contract execution, the Department reserves the right to perform or to have performed, an on-site review of the bidder's facilities and qualifications. This review will serve to verify data and representations submitted by the bidder and may be used to determine whether the bidder has adequate facilities, equipment, qualified and experienced staff, and overall management capabilities to provide the required services. The review may also serve to verify whether the bidder has financial capabilities adequate to meet the contract requirements.

Should the Department determine that the bid package has material misrepresentations or that the size or nature of the bidder's facilities, equipment, management capabilities, or the number of experienced personnel (including technical staff) are not adequate to ensure satisfactory contract performance, the Department has the right to reject the bid.

16) PROTEST OF INVITATION TO BID SPECIFICATIONS

Any person who is adversely affected by the contents of this Invitation to Bid must file the following with the Department of Transportation, Clerk of Agency Proceedings, Office of the General Counsel, 605 Suwannee Street, Mail Station 58, Tallahassee, Florida 32399-0450:

1. A written notice of protest within seventy-two (72) hours after the posting of the solicitation, (the notice of protest may be Faxed to 850-414-5264), and

2. A formal written protest in compliance with Section 120.57(3), Florida Statutes, within ten (10) days of the date on which the written notice of protest is filed.

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.

17) UNAUTHORIZED ALIENS

The employment of unauthorized aliens by any contractor is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of the contract.

18) SCRUTINIZED COMPANIES LISTS

ALL Responses, regardless of dollar value, must include a completed Vendor Certification Regarding Scrutinized Companies Lists to certify the respondent is not on either of those lists. The Form should be submitted with the Price Proposal.

A Vendor is ineligible to enter into a contract with the Department for goods or services of any amount if, at the time of entering into such contract, the Vendor is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel.

Section 287.135, Florida Statutes, also prohibits companies from entering into a contract for goods or services of $1 million or more that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes.

If the Department determines the Vendor submitted a false certification under Section 287.135 of the Florida Statutes, the Department shall either terminate the Contract after it has given the Vendor notice and an opportunity to demonstrate the Department’s determination of false certification was in error pursuant to Section 287.135 of the Florida Statutes, or maintain the Contract if the conditions of Section

287.135 of the Florida Statutes are met.

19) RESERVATIONS

The Department reserves the right to accept or reject any or all bids received and reserves the right to make an award without further discussion of the bids submitted. Therefore, the bidder should make sure that the bid package submitted is complete and accurate and submitted to ensure delivery on or before the bid opening time and date specified in this solicitation. It is understood that the bid will become a part of the Department's official file, without obligation to the Department.

http://procnet.co.dot.state.fl.us/forms/ByNumber.asp?formnumber=375-030-60 http://procnet.co.dot.state.fl.us/forms/ByNumber.asp?formnumber=375-030-60

20) ADDITIONAL TERMS & CONDITIONS

No conditions may be applied to any aspect of the ITB by the bidder. Any conditions placed on any aspect of the bid documents by the bidder may result in the bid being rejected as a conditional bid (see “RESPONSIVENESS OF BIDS”). DO NOT WRITE IN CHANGES ON ANY ITB SHEET. The only recognized changes to the ITB prior to bid opening will be a written Addenda issued by the Department.

21) RESPONSIVENESS OF BIDS

Bids will not be considered if not received by the Department on or before the date and time specified as the due date for submission. All bids must be typed or printed in ink. A responsive bid is an offer to provide the services specified in this Invitation to Bid in accordance with all requirements of this Invitation to Bid. Bids found to be non-responsive will not be considered. Bids may be rejected if found to be irregular or not in conformance with the requirements and instructions herein contained. A bid may be found to be irregular or non-responsive by reasons that include, but are not limited to, failure to utilize or complete prescribed forms, modifying the bid requirements, submitting conditional bids or incomplete bids, submitting indefinite or ambiguous bids, or executing forms or the bid sheet with improper and/or undated signatures. Other conditions which may cause rejection of bids include, evidence of collusion among bidders, obvious lack of experience or expertise to provide the required services, and failure to perform or meet financial obligations on previous contracts. ALL determinations of responsiveness will be the responsibility of the FDOT Procurement Office.

22) BID SHEET

The bidder must use the attached Bid Sheet to submit its bid. The Bid Sheet must be signed and dated in ink by a representative who is authorized to contractually bind the bidder. All bid sheets and other documentation submitted in response to this solicitation must be executed and submitted in accordance with Special Condition 27: Electronic Submission of Bids.

23) ESTIMATED QUANTITIES

The Department anticipates purchasing the estimated quantities shown on the bid sheet(s), for a one (1) year period of any contract resulting from this bid. The estimated quantities are given only as a guideline for preparing your bid and should not be construed as representing the actual quantities to be authorized under this contract. The Vendor(s) shall supply, at bid prices, the actual quantities authorized regardless of whether the total of such quantities is more or less than anticipated. This bid and the resulting contract will be subject to annual appropriated funding.

24) "DRUG-FREE WORK PLACE" PREFERENCE

Whenever two or more bids which are equal with respect to price, quality, and service are received, the Department shall determine the order of award first in accordance with section 295.187(4), Florida Statutes, giving preference to “Veteran Business Enterprise” then to bid responses from vendors that certify the business has implemented a drug-free workplace program in accordance with Section 287.087, Florida Statutes. The “Drug-Free Workplace Program Certification” must be completed and submitted with the bid response to be eligible for this preference.

25) COPYRIGHTED MATERIAL

Copyrighted material will be accepted as part of a bid only if accompanied by a waiver that will allow the Department to make paper and electronic copies necessary for the use of Department staff and agents.

It is noted that copyrighted material is not exempt from the Public Records Law, Chapter 119, Florida Statutes. Therefore, such material will be subject to viewing by the public, but copies of the material will not be provided to the public.

26) ATTACHMENT TO ITB SUBMITTAL - CONFIDENTIAL MATERIAL

The Bidder must include any materials it asserts to be exempted from public disclosure under Chapter 119, Florida Statutes, in a separate bound document labeled "Attachment to Invitation to Bid, Number DOT-ITB-25-9091-CA Confidential Material". The Bidder must identify the specific Statute that authorizes exemption from the Public Records Law. Any claim of confidentiality on materials the Bidder asserts to be exempt from public disclosure and placed elsewhere in the bid will be considered waived by the Bidder upon submission, effective after opening.

27) ELECTRONIC SUBMISSION OF PROPOSALS:

Electronic Bid Submittals

Please follow the below instructions for the submittal of electronic bids, failure to do so, may result in your bid being found non-responsive. Non-responsive replies will not be evaluated.

a) Subject line must show: DOT-ITB-25-9091-CA

b) Email shall contain one file attachment marked as the following: DOT-ITB-25-9091-CA

Bid Submittal

c) Documents shall be submitted in portable document format (PDF) and have a size limit of 25MB.

d) The body of the email shall not contain any information

e) Bids shall be submitted to: CO.Purch@dot.state.fl.us

It is the bidder’s responsibility to assure that the bid is delivered to the proper place on or before the Bid Due date and time (See Introduction Section 2 Timeline). Bids which for any reason are not so delivered, will not be considered.

28) MODIFICATIONS, RESUBMITTAL AND WITHDRAWAL

Bidders may modify submitted bids at any time prior to the bid due date. Requests for modification of a submitted bid shall be in writing and must be signed by an authorized signatory of the bidder. Upon receipt and acceptance of such a request, the entire bid will not be considered unless resubmitted by the due date and time. Bidders may also send a change in a separate email to be opened at the same time as the bid.

29) POSTING OF INTENDED DECISION/AWARD

29.1 - General:

The Department’s decision will be posted on the Florida Vendor Information portal, at https://vendor.myfloridamarketplace.com/, on the date in the Timeline, and will remain posted for a period of seventy-two (72) hours. Any bidder who is adversely affected by the Department's recommended award or intended decision must file the following with the Department of Transportation, Clerk of Agency Proceedings, Office of the General Counsel, 605 Suwannee Street, Mail Station 58, Tallahassee, Florida 32399-0450:

1. A written notice of protest within seventy-two (72) hours after posting of the Intended Award, (the notice of protest may be Faxed to 850-414-5264), and

2. A formal written protest and protest bond in compliance with Section 120.57(3), Florida Statutes, within ten (10) days of the date on which the written notice of protest is filed. At the time of filing the formal written protest, a bond (a cashier’s check or money order may be accepted) payable to the Department must also be submitted in an amount equal to one percent (1%) of the estimated contract amount based on the contract price submitted by the protestor.

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.

29.2 - Inability to Post:

If the Department is unable to post as defined above, the Department will notify all bidders by electronic notification on the Florida Vendor Information portal (see special condition 29.1, above) and/or telephone. The Department will provide notification of any future posting in a timely manner.

29.3 - Request to Withdraw Bid:

Requests for withdrawal will be considered if received by the Department, in writing, within seventy-two

(72) hours after the bid opening time and date. Requests received in accordance with this provision will be granted by the Department upon proof of the impossibility to perform based upon obvious error on the part of the bidder. Bidders that do not withdraw as stated above will forfeit their bid bond, if applicable.

30) AWARD OF THE CONTRACT

Services will be authorized to begin when the Vendor receives the following document(s), as appropriate, indicating the encumbrance of funds and award of the contract:

A Purchase Order issued by the Department, executed by both parties.

31) RENEWAL

Upon mutual agreement, the Department and the Contract Vendor may renew the Contract for a period that may not exceed 3 years or the term of the original contract, whichever is longer. The renewal must be in writing and signed by both parties, and is subject to the same terms and conditions set forth in the initial contract and any written amendments signed by the parties. Any renewal shall specify the renewal price, as set forth in the solicitation response except that an agency may negotiate lower pricing. Renewal is contingent upon satisfactory performance evaluations and subject to the availability of funds.

32) ATTACHED EXHIBITS, FORMS AND ATTACHMENTS

Exhibit “A” Scope of Services Exhibit “B” Method of Compensation Exhibit “C” Bid Sheet Drug-Free Workplace Program Certification (Form 375-040-18) Vendor Certification Regarding Scrutinized Companies Lists (Form 375-030-60) MBE Planned Utilization (Form 375-040-24) E-Verify (375-031-06) Affidavit Regarding Labor and Services Form (if applicable) Attachment A – Location Maps (Projects 1-5)

33) TERMS AND CONDITIONS

33.1 General Contract Conditions (PUR 1000)

PUR1000 General Contract Conditions

The following paragraphs do not apply to this Invitation to Bid:

Paragraph 8(a), Dispute Resolution - PUR 1000 Paragraph 5(l), PRIDE – PUR 1000, when federal funds are utilized.

https://www.dms.myflorida.com/content/download/2933/file/PUR%201000%20%28General%20Contract%20Conditions%29.pdf

33.2 General Instructions to Respondents (PUR 1001)

The State of Florida’s General Instructions to Respondents are outlined in form PUR 1001, which is a downloadable document incorporated into this Invitation to Bid (ITB) by reference. Any terms and conditions set forth in this ITB document take precedence over the PUR 1001 form where applicable.

http://www.dms.myflorida.com/content/download/2934/11780/1001.pdf

The following paragraphs do not apply to this Invitation to Bid:

Paragraph 3, Electronic Submission – PUR 1001 Paragraph 4, Terms and Conditions – PUR 1001 Paragraph 5, Questions – PUR 1001

33.3 MFMP Purchase Order Terms and Conditions

All MFMP Purchase Order contracts resulting from this solicitation will include the terms and conditions of this solicitation and the State of Florida’s standardized Purchase Order Terms and Conditions, which can be found at the Department of Management Services website at the following link:

https://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace/mfmp_agency_custo mers/po_terms_conditions

Section 8(B), PRIDE, is not applicable when using federal funds.

34) ORDER OF PRECEDENCE

All responses are subject to the terms and conditions of this solicitation, which, in case of conflict, shall have the following order of precedence listed:

Special Conditions Scope of Services

Bid Sheet FDOT Purchase Order Terms and Conditions MFMP Purchase Order Terms and Conditions – Section 8(B), PRIDE, is not applicable when using federal funds.

General Instructions to Respondents (PUR 1001) General Contract Conditions (PUR 1000) Introduction Section http://www.dms.myflorida.com/content/download/2934/11780/1001.pdf https://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace/mfmp_agency_customers/po_terms_conditions https://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace/mfmp_agency_customers/po_terms_conditions

A-1

EXHIBIT "A"

SCOPE OF SERVICES

LONG-TERM PROTECTED GOPHER TORTOISE

CONSERVATION RECIPIENT SITE FOR

FLORIDA DEPARTMENT OF TRANSPORTATION

1.0 INTRODUCTION

1.1 Description of Services

The Vendor shall provide a Long-Term Protected Gopher Tortoise Conservation Recipient Site to accept gopher tortoises from Donor SiteS located within Department’s Moving I-4 Forward Projects located in Orange, Osceola and Polk Counties.The approximate start and end points of the project alignments are provided below. The Vendor will follow the requirements described in the FFWCC Gopher Tortoise Permitting Guidelines, incorporated by reference in Rule 68A- 27.003, F.A.C.

FPID 431456-7 Project 1 Interstate-4 Improvements East of World Drive to East of U.S. 192 Northern extent: 28°20'25.03"N 81°32'15.26"W

Southern extent: 28°18'53.62"N 81°33'46.42"W

FPID 431456-3 Project 2 Interstate-4 Improvements East of Champions Gate Blvd. (C.R. 532) to West of World Drive

Southern extent: 28°17'57.19"N 81°34'38.72"W

Northern extent: 28°16'3.18"N 81°36'22.73"W

FPID 201210-9 Project 1

Central Location: 28° 7'37.39"N 81°49'57.87"W

FPID 201210-9 Project 3 Interstate-4 Improvements West of U.S. 27 to West of Champions Gate Blvd. (C.R. 532)

Northern extent: 28°15'12.60"N 81°37'21.11"W

Southern extent: 28°13'5.27"N 81°38'30.92"W

FPID 431456-2 Project 4 Interstate-4 Improvements West of Osceola Pkwy to East of World Center Drive (S.R. 536)

Northern extent: 28°21'31.10"N 81°31'31.94"W

Southern extent: 28°20'25.03"N 81°32'15.26"W

FPID 446581-4 Project 5 Poinciana Connector from C.R. 532 to S.R. 429

Northern extent: 28°16'58.94"N 81°35'9.91"W

Southern extent: 28°15'36.70"N 81°33'32.35"W

1.2 Definition of Terms

For the purpose of this Contract, whenever the following terms appear, their intent and meaning shall, unless specifically stated otherwise, be interpreted as shown hereunder:

Adult/Subadult: Tortoise greater than or equal to 130 millimeter carapace length.

Contract: Refers to the agreement entered into between the Department and the Vendor (collectively, the “Parties”) as a result of the Department’s Invitation to Bid (DOT-ITB-25-9091-

A-2

CA). The Purchase Order, and any attachments, exhibits, and amendments thereto, together form the Contract between the Parties, which constitutes the entire agreement between the Parties with respect to the subject matter thereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. “Contract” may also be referred to as “Agreement."

Department: The Florida Department of Transportation

Donor Site: Refers to the limits of the Department's project to widen and improve Interstate 4 (I-4) from east of SR 536 to west of US 27 in Orange, Osceola and Polk Counties as described as Financial Project Numbers 431456-7, 431456-3, 201210-9, 431456-2, and 446581-4. The approximate start and end points of the project alignments are provided in Section 1.1 Description of Services.

FFWCC: Florida Fish and Wildlife Conservation Commission.

Juvenile: Tortoise less than 130 millimeter carapace length.

Hatchling: Tortoise less than or equal to 60 millimeter carapace length.

Long-Term Protected Gopher Tortoise Conservation Recipient Site (Recipient Site(s)):

Refers to privately or publicly owned lands which are authorized, pursuant to a valid permit issued by FFWCC, to accept gopher tortoises from the Donor Site. “Long-Term Protected Gopher Tortoise Conservation Recipient Site” may also be referred to as “Recipient Site.”

Vendor: The entity awarded the Contract through DOT-ITB-25-9091-CA to provide the services described in Exhibit C, Bid Sheet.

2.0 VENDOR’S REQUIREMENTS AND RESPONSIBILITIES

2.1 The Vendor shall maintain a valid and current permit as a Recipient Site as permitted by

FFWCC.

2.2

The Vendor shall accept the quantity of gopher tortoises specified by the Vendor in Exhibit C, Bid Sheet from the geographic location of the Donor Site. Department may request Vendor accept additional tortoises if Vendor has the capacity.

2.3 The Vendor shall accept and receive the quantity of gopher tortoises identified in a notice issued by the Department or its designee within forty-eight (48) hours of the Department's issuance of said notice.

2.4 Within five (5) days of execution of contract, the Vendor shall provide to the Department, a one (1) year reservation letter for the number of gopher tortoises provided in the Vendor’s Bid to the Department for permit application submittal. The Vendor shall provide a minimum one

(1) year additional reservation letter(s) to Department to support permit extensions.

2.5 Department may request additional reservation letters as needed and if additional Recipient Site capacity is available, Vendor shall provide additional reservation letters.

2.6 The Vendor will be responsible for permanently and uniquely marking gopher tortoises pursuant to the FFWCC’s Gopher Tortoise Permitting Guidelines, described in Rule 68A- 27.003, F.AC. The Vendor shall provide the Department with the permanent marking identifications in relation to the temporary field identifications of recovered gopher tortoises with each invoice submitted as described in Exhibit “B,” Method of Compensation, Section 4.0.

2.7 The Vendor will perform the work in accordance with the provisions in this Contract.

3.0 DEPARTMENT’S RESPONSIBILITY

3.1 The Department may obtain the required one-year permit(s) from the FFWCC authorizing the removal and relocation of up to three hundred ten (310) gopher tortoises as described in this

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Contract. The Department may also obtain future permit(s) from the FFWCC for the removal of any additional gopher tortoises as needed throughout the duration of this Contract.

4.0 DEPARTMENT PROJECT MANAGER

The Department has assigned Wendy Parrish as the project manager to administer the terms and conditions of the Contract. Ms. Parrish be the Vendor’s primary contact after execution of this Contract.

Wendy Parrish Florida Department of Transportation, MI-4F 1142 Celebration Blvd Kissimmee, Florida 34747 Phone No.: (850) 414-4581

5.0 FINANCIAL CONSEQUENCES

The Department may continually monitor and evaluate the Vendor’s quality of services performed under this Agreement and will impose financial consequences when the Vendor fails to comply with the requirements of this Agreement, as further provided below. The Department and the Vendor agree that the financial consequences for non-performance described herein are an estimate of damages which are difficult to ascertain and are not penalties.

Performance Requirement Financial Consequence for Non-Performance, Per Occurence

The Vendor shall accept and receive the quantity of gopher tortoises identified in a notice issued by the Department or its designee as described under Section 2.3 within forty-eight

(48) hours of the Department's issuance of said notice"

If the Vendor does not accept and receive the quantity of gopher tortoises identified in a notice issued by the Department or its designee as described under Section 2.3 within forty-eight

(48) hours of the Department's issuance of said notice, a financial consequence of $100.00 will be deducted from the Vendor’s compensation.

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EXHIBIT “B”

METHOD OF COMPENSATION

LONG-TERM PROTECTED GOPHER TORTOISE

CONSERVATION RECIPIENT SITE FOR

1.0 METHOD OF COMPENSATION

This Exhibit defines the limits and method of compensation to be made to the Vendor for services set forth in Exhibit "A," Scope of Services and the method by which payments shall be made.

The Vendor shall accept the compensation as provided in this Contract as full payment for all costs associated with furnishing the services under this Contract.

2.0 BASIS OF PAYMENT

The Department agrees to pay the Vendor for the relocation and acceptance of gopher tortoises an amount of compensation as described and detailed herein and in Exhibit "C," Bid Sheet.

2.1 Pay Item No. 1 – COST PER GOPHER TORTOISE – Adult/Subadult

2.2 Pay Item No. 2 – COST PER GOPHER TORTOISE – Juvenile

3.0 BUDGET LIMITATIONS

Funding must be approved by the Department for any additional work that would result in exceeding the Contract dollar amount prior to undertaking such additional work. The Vendor shall be paid for the work completed and accepted by the Department. The Vendor shall not be obligated to perform services or incur costs that would result in exceeding the Contract dollar amount, nor shall the Department be obligated to reimburse the Vendor for services which result in exceeding the Contract dollar amount, except to the extent said amount is increased by a written amendment to this contract. Execution of this Contract does not guarantee that the work will be authorized.

4.0 INVOICING

4.1 The Vendor shall submit invoices [one (1) copy each] in an electronic format via email or hardcopy to the Department. Payment shall be made to the Vendor upon completion of services, as approved by the Department. The itemized invoice shall be a legible summary on the Vendor’s letterhead that includes the following:

1. Remittance address

2. Contract Number

3. FPID No. 435786-3

4. Billing Date

5. Number of gopher tortoises received since previous invoice and date received

6. Available number of reserved gopher tortoises remaining

7. Unit cost and total amount of invoice

8. Permanent marking/Identification number for each gopher tortoise with its corresponding temporary field identification.

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9. Additional gopher tortoise data: age (Adult/Subadult/Juvenile/Hatchling) and (if collected), sex (Male/Female/Juvenile), size (millimeter), health status, release date, marking method.

4.2 Invoices shall be submitted to:

Florida Department of Transportation Moving I-4 Forward

Attention: Wendy Parrish 1142 Celebration Blvd.

Kissimmee, Florida 34747 wendy.parrish@dot.state.fl.us

4.3 Payments may be processed for each gopher tortoise received and accepted by the Recipient Site as required under this Contract as long as the Vendor provides documentation required in Section 4.0 above.

4.4 The Department reserves the right to withhold the payment or partial payment of the Vendor’s invoice and/or deny payment to the Vendor when services are inadequate, performance is not authorized, services are not performed in accordance with the Contract, or services are not performed to the satisfaction of the Department.

4.5 No compensation shall be paid separately for travel time, expenses or tolls. Therefore, all anticipated travel time and travel expenses of the Vendor shall be included in the Vendor’s unit prices. The Vendor and any sub-vendor shall pay toll charges for all vehicles and equipment at the standard rate applicable to the general public.

4.6 The Vendor shall immediately notify the Department of any invoice related issues.

5.0 In the event that funds paid to the Vendor under this Contract are subsequently disallowed by the Department because of accounting errors or charges not in conformity with this Contract, the Vendor agrees that such disallowed amounts are due to the Department upon demand. Further, the Vendor agrees that the Department shall have the right to deduct from any payment due to the Vendor under any other contract between the Vendor and the Department or under this Contract, an amount sufficient to satisfy any amount due and owing the Department by the Vendor.

mailto:wendy.parrish@dot.state.fl.us

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OSCEOLA CO

Date: 3/20/2025

Project Location Map

Osceola County, Florida

Moving I-4 Forward Project 1 (FPID 431456-7) Florida Department of Transportation

Corridors Program Office

Figure 1

0 2,0001,000 Feet

Imagery: State of Florida, Osceola County, 2023

O:\WF\Projects\FDOT\District 5\MI-4F (Moving I-4 Forward)\Projects\Project 1 (FPID 431456-7)\GIS\MI-4 PROJECT 1 - GIS Master Document

Project Area

Sections: 5, 6, 7, 8 Township: 25 South Range: 28 East

Sections: 12, 13 Township: 25 South Range 27 East

Legend

ATTACHMENT "A" LOCATION MAP PROJECT 1

ATTACHMENT "A" LOCATION MAP PROJECT 2

ATTACHMENT "A" LOCATION MAP PROJECT 3

ATTACHMENT "A" LOCATION MAP PROJECT 4

ATTACHMENT "A" LOCATION MAP PROJECT 5

EXHIBIT “C” BID SHEET (Page 1 of 2)

LONG-TERM PROTECTED GOPHER TORTOISE CONSERVATION RECIPIENT SITE

FOR

The Bidders may submit a Bid for less than the Department’s estimated quantities. The Bidder must enter a unit rate for both the Adult/Subadult and Juvenile Gopher Tortoises, as defined in “Exhibit A,” for the Project.

PAY ITEM

NO.

DESCRIPTION

UNIT

DEPARTMENT

ESTIMATED

QUANTITY

BIDDER

AVAILABILITY

UNIT RATE

COST PER

ADULT/SUBADULT

GOPHER TORTOISE)

EACH

QUANTITY_______

COST PER

JUVENILE GOPHER

TORTOISE

EACH 75 QUANTITY_______

TOTAL (PAY ITEM NO. 1 and 2) $______________. ______

• The unit rates above shall be applicable to the term of any renewal of the Contract. All unit rates above shall include all costs associated with providing the services described in the Contract.

• All quantities are estimated. If the actual is less than or greater than what is identified, the unit rate shall remain unchanged. If it is determined that the estimated number of gopher tortoises may exceed the current permit quantity and a permit amendment is required to relocate additional gopher tortoises, the Vendor shall provide a reservation letter for the additional gopher tortoise quantity(ies) and the unit rate shall remain unchanged.

MFMP Transaction Fee:

All payment(s) to the vendor resulting from this competitive solicitation WILL be subject to the MFMP Transaction Fee in accordance with the referenced Form PUR 1000 General Contract Condition #7d.

The Transaction Fees imposed shall be based upon the date of issuance of the payment.

NOTE: In submitting a response, the bidder acknowledges they have read and agree to the solicitation terms and conditions and their submission is made in conformance with those terms and conditions.

ACKNOWLEDGEMENT: I certify that I have read and agree to abide by all terms and conditions of this solicitation and that I am authorized to sign for the bidder. I certify that the response submitted is made in conformance with all requirements of the solicitation.

The Bidder has completed and is returning the following documents as part of its Bid:

_______ Bid Sheet: Exhibit “C”.

_______ A copy of the Bidder’s FFWCC Gopher Tortoises Recipient Site (for Long-Term Protected Sites) Permit.

EXHIBIT “C” BID SHEET (Page 2 of 2)

LONG-TERM PROTECTED GOPHER TORTOISE CONSERVATION RECIPIENT SITE

FOR

_______ All required forms supplied with the Bid package (Refer to ITB, Section 32 Forms). Be certain to fill in all the blanks on the forms supplied; do not leave any blank lines on the forms. Sign and return each form.

Fill in the following information, complete with authorized signature and date.

By signing below, the undersigned certifies that the undersigned is authorized to execute this document on behalf of, and to bind, the Bidder, on whose behalf the undersigned executes this document.

Name of Bidder:_______________________________________ Federal I.D. No.:_________________________ (Print/Type)

Mail Address: _______________________________________________________ M.B.E. Yes______No ______

Street Address: ______________________________________________________________________________

City: ______________________________________________ County: _________________________________

State:_________________________________________________ Zip:________________________________

Internet E-Mail Address: ________________________________________________________________________

Phone Number: (______) _________________________________ Fax No.: (______) _____________________

Authorized Signature: ________________________________________

Title:______________________________________________________

Print/Type Name: ____________________________________________ Date: ___________________________

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

DRUG-FREE WORKPLACE PROGRAM CERTIFICATION

375-040-18

PROCUREMENT

03/17

287.087 Preference to businesses with drug-free workplace programs. --Whenever two or more bids, proposals, or replies that are equal with respect to price, quality, and service are received by the state or by any political subdivision for the procurement of commodities or contractual services, a bid, proposal, or reply received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. 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 workplace and specifying the actions that will be taken against employees for violations of such prohibition.

(2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.

(3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1).

(4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will 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 controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction.

(5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted.

(6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.

Does the individual responding to this solicitation certify that their firm has implemented a drug-free workplace program in accordance with the provision of Section 287.087, Florida Statutes, as stated above?

YES

NO

NAME OF BUSINESS:

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-60

Florida Statutes VENDOR CERTIFICATION REGARDING PROCUREMENT

287.135 SCRUTINIZED COMPANIES LISTS OGC – 06/18

Respondent Vendor Name: _____________________________________________________

Vendor FEIN: ___________________

Vendor’s Authorized Representative Name and Title: ___________________________________

Address:…