Complete ITB Package.pdf

FLORIDA DEPARTMENT OF TRANSPORTATION

INVITATION TO BID

DOT-ITB-24-8030-MM

PURCHASE OF FEDERAL FRESHWATER

HERBACEOUS WETLAND MITIGATION CREDITS

TO OFFSET FEDERAL WETLAND IMPACTS

INDEFINITE QUANTITIES CONTRACT

FPID: 440897-3-52-01

State of Florida

Department of Transportation

Florida’s Turnpike Enterprise Contractual Services Office

Mile Post 263, Building 5315

Ocoee, FL 34761

INVITATION TO BID REGISTRATION

PLEASE COMPLETE AND RETURN THIS FORM ASAP

VIA E-MAIL TO TP.Purch@dot.state.fl.us

Bid Number: DOT-ITB-24-8030-MM

Title Purchase of Federal Freshwater Herbaceous Wetland Mitigation Credits to Offset Federal Wetland Impacts

Bids Due: Monday, December 18, 2023, at 2:30 pm ET

Potential Bidders should complete and return this Registration Form as soon as possible after downloading. Complete the information below and e-mail to Marsha Marcella at TP.Purch@dot.state.fl.us.

THE INVITATION TO BID IS SUBJECT TO CHANGE. Notice of changes (“Addenda”), will be posted on the

Florida Vendor Information Portal at: https://vendor.myfloridamarketplace.com under the above-referenced

ITB number.

It is the responsibility of all potential Bidders to monitor the Florida Vendor Information Portal for any changing information prior to submitting a Bid and throughout the procurement process.

Bidder Name:

Address:

City, State, Zip:

Telephone:

Contact Person:

E-mail Address:

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

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State of Florida

Department of Transportation

INVITATION TO BID

Contact for Questions:

Marsha Marcella, Procurement Officer

TP.Purch@dot.state.fl.us

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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 State of Florida Department of Transportation, Florida’s Turnpike Enterprise (“Department”), requests written Bids from qualified Bidders to establish one or more

Contracts for the provision of federal freshwater herbaceous wetland mitigation credits to be purchased by the

Department in order to offset federal wetland impacts in Polk County. The Department intends to purchase federal mitigation credits from the lowest Bidder or lowest combination of Bidders to meet the needs of the project. The

Department will purchase mitigation credits from the Bidder(s) that provides the lowest cost for the overall mitigation needs of the project. If the lowest Bidder cannot meet the entire mitigation need for the project, the Department may purchase the remaining mitigation need from higher Bidders to fulfill the total project need. If a Bidder elects to bid on all mitigation assessment method categories, the Department will use the Bid price associated with the project needs that will produce the lowest purchase price. For each subsequent purchase, the Department reserves the right to purchase available credits from the lowest Bidder and proceed in order of price per credit to determine the best value for the state.

It is anticipated that the initial term of the Contract will be effective for a period of three (3) years following the date of execution of the Contract or the date of issuance of the first Task Work Order (TWO), whichever is later.

For purposes of this document, the term “Bidder” means a business entity that submits a Bid to this ITB. The term

“Bid” or “Bid Package” means the total response submitted by a Bidder to this ITB, including all required forms and supporting documentation. The term “Vendor” means the Bidder that is awarded the Contract pursuant to this ITB. The term “Contract” means the agreement that results from this ITB, if any, between the Department and the Vendor. Unless otherwise defined herein or in the Exhibits and Attachments of this ITB, all capitalized terms shall have the meanings ascribed to such terms in Exhibit "A", Technical Specifications.

2) TIMELINE

The anticipated timeline of events (“Timeline”) for this ITB is provided below. The dates and times within the Timeline 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 ITB number. It is the

Bidder’s responsibility to monitor this site for any changing information prior to submitting a Bid and throughout the procurement process.

ACTION / LOCATION DATE TIME (ET)

DEADLINE FOR SUBMISSION OF QUESTIONS 12-13-2023 05:00 PM

BIDS DUE: 12-18-2023 02:30 PM

Via e-mail to TP.Purch@dot.state.fl.us

Reference “DOT-ITB-24-8030-MM” in the subject line

PUBLIC OPENING (BIDS) 12-18-2023 03:00 PM

Florida’s Turnpike Headquarters, M.P. 263.0

Florida’s Turnpike M.P. 263.0

Turkey Lake Service Plaza, Bldg. 5315

Room 2167

Ocoee, Florida 34761

POSTING OF INTENDED DECISION 12-19-2023

Via the Florida Vendor Information Portal (VIP)

3) AGENDA FOR PUBLIC MEETINGS

Agenda – Public Opening (Bids)

Starting time: see “Timeline” above.

- Opening remarks of approximately two (2) minutes by Department Procurement Office personnel.

- Public input period to allow a maximum of fifteen (15) minutes total for public input related to the ITB.

- At the conclusion of public input or fifteen (15) minutes, whichever occurs first, the Bids received timely will be opened, with the Bidder’s name and prices read aloud.

- Adjourn meeting.

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4) SPECIAL ACCOMMODATIONS

Any person with a disability requiring a special accommodation at a public meeting shall contact the Procurement

Officer at least five (5) business days prior to the event. A person who is hearing or speech impaired may contact the

Procurement Officer by using the Florida Relay Services 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

(“MFMP”) BY THE TIME AND DATE OF THE PUBLIC OPENING SPECIFIED IN THE TIMELINE OR THEY

MAY BE CONSIDERED NON-RESPONSIVE. 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 #14. 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

DFS requires all vendors that do business with the State of Florida 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.

3) QUESTIONS AND 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 seventy-two (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 Bid.

Any questions arising from this ITB must be forwarded, in writing, to the Procurement Officer 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 will be posted on the Florida Vendor Information Portal at https://vendor.myfloridamarketplace.com/ (click on “Search Advertisements”) under this ITB number. It is the

Bidder’s responsibility to monitor this site for any changing information prior to submitting a Bid and throughout the procurement process.

WRITTEN QUESTIONS should be submitted to:

Marsha Marcella, E-mail: TP.Purch@dot.state.fl.us

ALL E-MAILS TO THE PROCUREMENT OFFICER MUST CONTAIN THE ITB NUMBER (DOT-ITB-24-8030-

MM) IN THE SUBJECT LINE.

4) ADDENDA TO THE ITB

The Department reserves the right to make changes to this ITB by issuing Addenda. Any Addenda issued will be posted on the Florida Vendor Information Portal at https://vendor.myfloridamarketplace.com/, (click on “Search

Advertisements”), under this ITB Number. It is the Bidder’s responsibility to monitor this site for any changing information prior to submitting a Bid and throughout the procurement process. The only recognized changes to the ITB are those changes made through written Addenda issued by the Department.

5) 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 https://vendor.myfloridamarketplace.com/ https://flvendor.myfloridacfo.com/ mailto:FLW9@myfloridacfo.com https://vendor.myfloridamarketplace.com/

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pursuant to this ITB, minority and disadvantaged business enterprises will be afforded the full opportunity to submit

Bids in response to this ITB 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 a Bidder and as a subcontractor. 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 non-discriminatory environment.

To request certification or to locate certified MBEs, call the Office of Supplier Diversity, Department of Management

Services at (850) 487-0915, or access their MBE directory on the Internet at https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd.

6) CONVICTED VENDOR LIST

Pursuant to Section 287.133(2)(a), Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, Florida Statutes, for Category Two (currently $35,000), for a period of thirty-six

(36) months following the date of being placed on the convicted vendor list.

7) DISCRIMINATORY VENDOR LIST

Pursuant to Section 287.134(2)(a), Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity;

may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity.

8) ANTITRUST VIOLATOR VENDOR LIST

Pursuant to Section 287.137(2)(a), Florida Statutes, a person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply for any new contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply for a new contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on new leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a new contract with a public entity; and may not transact new business with a public entity.

9) PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL, OR IDEOLOGICAL

INTERESTS IN GOVERNMENT CONTRACTING

Pursuant to Section 287.05701, Florida Statutes, an awarding body may not request documentation of or consider a vendor’s social, political, or ideological interests when determining if the vendor is a responsible vendor, and an awarding body may not give preference to a vendor based on the vendor’s social, political, or ideological interest.

10) TECHNICAL SPECIFICATIONS

Details of the services, information, and items to be furnished by the Vendor are described in Exhibit "A," Technical

Specifications (“Technical Specifications”), attached hereto and made a part hereof.

11) QUALIFICATIONS

11.1 General

Submit the following with the Bid Package:

• The Bidder shall provide a valid federal banking instrument (permit).

https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd

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• The Bidder shall provide a copy of its current credit ledger(s).

• The Bidder shall provide a map demonstrating the federal service area geographically encompasses the planned projects’ wetland impacts. Alternatively, the Bidder can provide written verification from FDEP 404 and/or

ACOE that its credits are acceptable to offset wetland impacts for the planned project.

11.2 Authorized to Transact Business in the State of Florida

The Bidder must be authorized by the Florida Department of State to transact 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 execution of the Contract.

For authorization, contact:

Florida Department of State

Tallahassee, Florida 32399

(850) 245-6051

12) METHOD OF COMPENSATION

Refer to Exhibit “B,” Method of Compensation attached hereto and made a part hereof.

13) CONTRACT DOCUMENT

The Department's “Standard Written Agreement,” attached hereto as Attachment "A" (the "Standard Written

Agreement") contains the terms and conditions that will become an integral part of the Contract. In submitting a Bid, the

Bidder agrees to be legally bound by the terms and conditions in the Standard Written Agreement and all exhibits and attachments thereto. Exhibit “A,” Exhibit “B,” and the Bidder's completed Bid Blank (if the Bidder is selected for award of this Contract), will become Exhibits "A," "B," and "C," respectively, to the Standard Written Agreement after

Contract award.

14) PROTEST OF ITB SPECIFICATIONS

Any person who is adversely affected by the contents of this ITB 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 or hand delivered to the address above), and

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

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.

15) UNAUTHORIZED ALIENS

The employment of unauthorized aliens by any person or entity is considered a violation of Section 274A(e) of the

Immigration and Nationality Act. If the Vendor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of the Contract by the Department.

16) SCRUTINIZED COMPANIES LISTS

The Bidder must submit with its Bid a completed Bidder Certification Regarding Scrutinized Companies Form (Form

1).

The Department may terminate the Contract if the Vendor is found to have submitted a false certification under

Section 287.135(5), Florida Statutes; been placed on the Scrutinized Companies with Activities in Sudan List; been engaged in business operations in Cuba or Syria; been placed on a list created pursuant to Section 215.473, Florida

Statutes, relating to scrutinized active business operations in Iran; or been placed on the Scrutinized Companies that

Boycott Israel List or is engaged in a boycott of Israel.

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17) RESERVATIONS

In addition to any other rights reserved or afforded to the Department under this ITB and under applicable law, the

Department reserves the right to:

a. Cancel this ITB at any time prior to the Department’s execution of the Contract, without incurring any cost obligations or liabilities.

b. Accept or reject any Bid at any time.

c. Terminate evaluation of any Bid at any time.

d. Modify any dates set or projected in this ITB.

e. Waive minor informalities or irregularities in Bids.

f. Award a Contract to one or more responsive and responsible Bidders based on price per credit in order to meet the Department's quantity requirements for federal freshwater herbaceous wetland mitigation credits.

18) RESPONSIVENESS OF BIDS

18.1 Responsiveness of Bids

Bids will not be considered if received by the Department after the Bid due date and time specified in the Timeline (as may be modified by subsequent Addenda). Only Bids received by the Department on or before the Bid due date and time will be considered. All Bids must be typed or printed in ink. A responsive Bid is defined in Section 287.012(26), Florida Statutes, as a Bid submitted by a responsive and responsible vendor which conforms in all material respects to the solicitation. Bids found to be non-responsive shall 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 and non-responsive for reasons that include, but are not limited to, a Bidder’s failure to utilize or fully complete required forms as part of the Bid, the Bid contains required forms that are altered by a Bidder, the Bid submitted is a conditional

Bid, the Bid is incomplete, indefinite, or ambiguous, or the Bid lacks proper and/or dated signatures. The Department reserves the right to make a responsiveness determination at any time.

18.2 Multiple Bids

Bids may be rejected if more than one (1) Bid is received from a Bidder.

18.3 Other Conditions

Other conditions which may cause rejection of a Bid include but are not limited to, evidence of collusion among

Bidders, obvious lack of experience or expertise to perform the required work, failure to perform or meet financial obligations on previous contracts, or in the event an individual, firm, partnership, or corporation is on the General

Services Administration Excluded Parties List. A Bidder whose Bid, past performance, or experience do not reflect the capability, integrity, or reliability to fully and in good faith perform the requirements of the Contract may be deemed non-responsible. The Department reserves the right to determine which Bids meet the requirements of this ITB, and which Bidders are responsive and responsible.

19) BID BLANK

The Bidder must complete and submit Exhibit "C," Bid Blank ("Bid Blank"), in accordance with the instructions contained therein and in this ITB. Failure by a Bidder to complete and submit its Bid Blank as required herein will result in the Bidder being deemed non-responsive. The Bidder's completed Bid Blank will become part of the Contract if the

Bidder is selected for award of the Contract.

20) COPYRIGHTED MATERIAL

All materials provided as part of the Bid shall be a matter of public record regardless of copyright status. By submitting a Bid in response to this ITB, the Bidder authorizes the Department to publish, copy, and reproduce, for the

Department’s internal use and for purposes of fulfilling its obligations under Chapter 119, Florida Statutes, any and all materials provided as part of the Bid for which the Bidder holds or purports to hold a copyright.

21) CONFIDENTIAL INFORMATION

In addition to the public records requirements of Section 19 of PUR 1001, if the Bidder considers any portion of its Bid to contain confidential material exempt from public inspection or disclosure under Chapter 119, Florida Statutes, or

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other applicable state or federal law (collectively, the “Public Records Law”), then the Bidder must, simultaneously with the un-redacted Bid, provide the Department with a separate redacted Bid (“Redacted Copy”).

If submitting a Redacted Copy, the Bidder must include the ITB number and the name of the Bidder on the cover of the

Redacted Copy, and clearly title it “Redacted Copy.” In addition, the Bidder must submit an index (the “Redacted Copy

Index”) listing the confidential portions of its Bid, along with a description identifying the basis under which the Bidder claims such exemption(s) from the Public Records Law (including the specific statutory citation(s) for each exemption claimed). Any claim of confidentiality on materials the Bidder asserts to be exempt from public inspection or disclosure placed elsewhere in the Bid and not redacted or included in the Redacted Copy Index will be considered waived by the

Bidder upon submission of its Bid.

Only those portions of the Bid that the Bidder claims are confidential or exempt from Public Records Law should be redacted in the Redacted Copy. A Bid should not be redacted in its entirety. A page or paragraph should not be redacted in its entirety unless the entire page or paragraph consists wholly of information that is confidential or exempt from public inspection or disclosure under the Public Records Law. The Redacted Copy will be used to fulfill public records and other disclosure requests or requirements.

If the Department receives a public records request for materials the Bidder has identified as confidential, the

Department will provide the Bidder’s Redacted Copy to the requestor. If a requestor asserts a right to the portions of material identified by the Bidder as confidential, the Department will notify the Bidder that such an assertion has been made. It is the Bidder’s responsibility to take appropriate legal action to protect the records in question from disclosure under the Public Records Law or other legal authority. If the Department becomes subject to a demand for discovery or disclosure of materials the Bidder claims are confidential in a legal proceeding, the Department will notify the Bidder of the demand, and it will be the Bidder’s responsibility to take appropriate legal action to defend its claims of confidentiality. If the Bidder fails to take appropriate and timely action to defend its claims of confidentiality, the

Department may release the materials that are responsive to the demand, without redaction, to the requestor.

The Department is not obligated to agree with the Bidder’s claim(s) of confidentiality, and by submitting a Bid, the

Bidder agrees to indemnify, protect, defend, and hold harmless the Department from any and all claims, liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys’ fees, arising from or relating to the

Bidder’s determination that the redacted portions of its Bid are confidential or otherwise protected from public inspection or disclosure. If the Bidder fails to submit a Redacted Copy of its Bid and the Redacted Copy Index as required herein, then the Department is authorized to release the entire unredacted Bid submitted to the Department in response to a public records request or other demand for disclosure without further inquiry of the Bidder.

22) COSTS INCURRED IN RESPONDING

This ITB does not commit the Department to award the Contract or to proceed with the procurement described herein.

The Department and the State assume no obligations, responsibilities, or liabilities, fiscal or otherwise, to reimburse any costs incurred or alleged to have been incurred by a Bidder responding to this ITB or by any other party considering the submission of a Bid to this ITB.

23) SUBMISSION OF BIDS

The Bidder must submit its Bid electronically by e-mail to TP.Purch@dot.state.fl.us and shall adhere to the requirements listed below.

a) The subject line of the e-mail must show: The ITB number - Bidder’s name.

b) Bids shall be submitted in portable document format (PDF) and have a size limit of 20MB. E-mail shall contain one file attachment (The Bid Package) marked as the following: The ITB number – Bidder’s name - Bid

Package. If the Bid Package exceeds 20 MB, the Bidder shall split their Bid Package into separate PDF files. Bid Package files shall be marked as The ITB Number – Bidder’s name - Bid package - file 1 of…, 2 of… etc.

24) MODIFICATION AND WITHDRAWAL OF BID

The Bidder may modify or withdraw its Bid at any time prior to the Bid due date specified in the Timeline by submitting a written request to the Procurement Officer.

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25) BID OPENING

Bids will be opened by the Department at the date, time, and location in the Timeline, with Bidder’s name and prices read aloud.

26) AWARD

The Department intends to award one or more Contracts to the lowest combination of responsive and responsible

Bidder(s), based on price per credit, in order to meet the Department's quantity requirements as described in the ITB.

The Department’s intended decision will be posted on the Florida Vendor Information Portal at https://vendor.myfloridamarketplace.com/ on the date specified in the Timeline (as may be modified by any subsequent

Addenda).

27) POSTING OF INTENDED DECISION

The Department’s intended decision/award will be posted on the Florida Vendor Information Portal at https://vendor.myfloridamarketplace.com/ on the date and time in the Timeline (as may be modified by subsequent

Addenda), 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 decision, (the notice of protest may be faxed to 850-414-5264 or hand delivered to the address above), and

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

28) ATTACHED EXHIBITS, FORMS AND ATTACHMENTS

28.1 - Exhibits

Exhibit “A,” Technical Specifications

Exhibit “B,” Method of Compensation

Exhibit “C,” Bid Blank

28.2 - Forms

Form 1 – Bidder Certification Regarding Scrutinized Companies*

Form 2 – E-Verify*

Form 3 – Certificate of Contract Completion

*Indicates a Form that must be completed and submitted by the Bidder with its Bid.

28.3 - Attachments

Attachment “A,” Standard Written Agreement

Attachment “B,” General Contract Conditions (PUR 1000)

Attachment “C,” General Instructions to Respondents (PUR 1001)

Attachment “D,” Location Map

29) GENERAL CONTRACT CONDITIONS (PUR 1000)

The State of Florida’s General Contract Conditions are outlined in Form PUR 1000, which is a document included in

Attachment “B” and incorporated by reference into this ITB.

The following paragraphs within PUR 1000 do not apply to this ITB:

Paragraph 31, Dispute Resolution - PUR 1000

Paragraph 40, PRIDE – PUR 1000, when federal funds are utilized.

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30) GENERAL INSTRUCTIONS TO RESPONDENTS (PUR 1001)

The State of Florida’s General Instructions to Respondents are outlined in Form PUR 1001, which is a document included in Attachment “C” and incorporated by reference into this ITB.

The following paragraphs within the PUR 1001 do not apply to this ITB:

Paragraph 3, Electronic Submission – PUR 1001

Paragraph 4, Terms and Conditions – PUR 1001

Paragraph 5, Questions – PUR 1001

31) ORDER OF PRECEDENCE OF THIS ITB

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

Addenda to ITB, in reverse order of issuance

Exhibit “A,” Technical Specifications

Exhibit “B,” Method of Compensation

Exhibit “C,” Bid Blank

Attachment “A,” Standard Written Agreement

Attachment “B,” General Contract Conditions PUR 1000

Attachment “C,” General Instructions to Respondents PUR 1001

Attachment “D,” Location Map

32) INDEFINITE QUANTITIES

This is an indefinite quantities Contract whereby the Bidder agrees to furnish mitigation credits during the specified period of time. The Department does not guarantee any specific quantity of mitigation credits to be purchased. The mitigation bank shall be qualified and experienced to perform the work required in this Contract in accordance with the provisions described.

FORMS

FLORIDA DEPARTMENT

OF TRANSPORTATION

FORMS

State of Florida Department of Transportation, Florida’s Turnpike Enterprise DOT-ITB-24-8030-MM

FPID: 440897-3-52-01

Form 1

Bidder Certification Regarding

Scrutinized Companies

BIDDER CERTIFICATION

REGARDING SCRUTINIZED COMPANIES

Bidder Name:

Bidder FEIN:

Address:

City: State: _____________________________ Zip: _____________

Phone Number:

Email Address:

Section 287.135, Florida Statutes, prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company 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 a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of $1,000,000 or more if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company is on the Scrutinized Companies with Activities in Sudan List, or the Scrutinized Companies with

Activities in the Iran Terrorism Sectors List, created pursuant to Section 215.473, Florida Statutes; or is engaged in business operations in Cuba or Syria.

By signing below, the undersigned certifies the following: (1) that the Bidder is not listed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in Iran Terrorism Sectors List, and that the

Bidder is not engaged in business operations in Cuba or Syria; (2) that the Bidder is not listed on the Scrutinized

Companies that Boycott Israel List or engaged in a boycott of Israel; (3) that the undersigned is authorized to execute this certification on behalf of, and to bind, the Bidder on whose behalf the undersigned executes this certification; and

(4) that the undersigned understands that, pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject the Bidder to civil penalties, attorney’s fees, and/or costs.

Signature of Authorized Representative:

Printed Name:

Title:

Date:

Form 2

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

E-VERIFY

Form 2

E-Verify

I, _______________________________________, as _______________________________________, of (Name) (Title)

___________________________________________________________ (“Bidder”), hereby certify that (Bidder’s Name) the Bidder is registered with and uses the U.S. Department of Homeland Security’s E-Verify system to verify the work authorization status of all newly hired employees, and that the Bidder is in compliance with

Section 448.095, Florida Statutes. The Bidder further certifies that, if awarded the Contract, it shall comply with Section 448.095, Florida Statutes, throughout the duration of the Contract.

By signing below, the undersigned certifies the following: (1) that the responses provided above are true, accurate, and complete, and (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.

Signature of Authorized Representative: _________________________________________________

Printed Name: ______________________________________________________________________

Title: _____________________________________________________________________________

Date: _____________________________________________________________________________

Form 4

Certificate of Contract Completion

Form 4

CERTIFICATE OF CONTRACT COMPLETION

Contract Number: FPIN Nos.:

Project Description:

Vendor:

Contract For:

Contract Date: Total Amount $

VENDOR’S AFFIDAVIT

I swear that the work performed under the above-named Contract has been completed in accordance with the requirements of said

Contract; that all costs incurred for equipment, materials, labor, and services against the project have been paid; that no liens have been attached against the project; that no suits are pending by reason of work on the project under the Contract; that all worker's compensation claims are covered by worker's compensation insurance as required by law; that all public liability claims are adequately covered by insurance, and that the Vender shall save, protect, defend, indemnify, and hold the Department harmless from and against any and all claims which arise as a direct or indirect result of any transaction, event or occurrence related to the performance of the work contemplated under said Contract.

By signing below, I certify that I am authorized to execute this form on behalf of the Vendor.

(Signature) (Title)

(Corporate Seal)

STATE OF

COUNTY OF

Sworn to (or affirmed) and subscribed before me this day of , 20 by , on behalf of the Vendor. He/She is personally known to me or has

(Print/Type Name of Person Signing Above) produced , as identification.

(Type of Identification)

Notary Public: (Notary Stamp)

(Signature)

Type/Print Name:

CERTIFICATION MUST BE ATTACHED TO THE FINAL INVOICE

EXHIBIT “A”

TECHNICAL SPECIFICATIONS

FPID: FPID: 440897-3-52-01

FPID 440897-3-52-01

Page A-1

TECHNICAL SPECIFICATIONS

HERBACEOUS WETLAND MITIGATION FUNCTIONAL CREDITS

1.0 INTRODUCTION

This Contract consists of the sale and purchase of appropriate federal freshwater herbaceous wetland mitigation functional credits to offset approximately 19.14 acres of impact to federal qualifying freshwater herbaceous wetlands for Florida’s Turnpike Enterprise projects within the United States Geological

Survey (USGS) Peace River Hydrologic Unit Code (HUC)8 #03100101.

Project 440897-3-52-01 - Purchase of a minimum of 7.98 Uniform Mitigation Assessment Method

(UMAM), Wetland Rapid Assessment Procedure (WRAP) or Modified Wetland Rapid Assessment

Procedure (MWRAP) and up to 10.0 UMAM, WRAP or MWRAP federal freshwater herbaceous wetland mitigation functional credits to offset the wetland impacts associated with the Department planned project located in USGS Peace River HUC 8 #03100101.

This is an indefinite quantities Contract. The Department does not guarantee any specific quantity of mitigation credits to be purchased. The mitigation bank shall be qualified and experienced to perform the work required in this Contract in accordance with the provisions described.

2.0 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:

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. The Standard Written Agreement, 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, Florida’s Turnpike Enterprise.

Department’s Project/Contract Manager: The representative of the Department responsible for the management of the Contract, scheduling, and monitoring of work being performed, inspection and acceptance of services provided, and approval for payment of services requested herein.

Task Work Order (TWO): A work request issued by the Department’s Project/Contract Manager to the

Vendor for the purchase of Wetland Mitigation Credits on an as needed basis.

Vendor: The Mitigation Bank representative selected through the competitive bid process to provide the wetland mitigation credits requested herein.

Page A-2

3.0 ACRONYMS

ACOE: U.S. Army Corps of Engineers.

FDEP 404: Florida Department of Environmental Protection, Section 404 (state assumption).

HUC Hydrologic Unit Code.

MWRAP: Modified Wetland Rapid Assessment Procedure.

UMAM: Uniform Mitigation Assessment Method.

USGS: U.S Geological Survey.

WRAP: Wetland Rapid Assessment Procedure.

4.0 PROJECT DESCRIPTIONS

1. FPID 440897-3-52-01

Central Polk Parkway from US 17 to SR 60 Project located in Polk County, Florida, and within USGS

Peace River HUC 8 #03100101. This project is anticipated to be permitted by FDEP 404 to authorize approximately 19.14 acres of federal qualifying freshwater herbaceous wetland impacts. (Refer to

Attachment “D,” Location Map).

5.0 VENDOR REQUIREMENTS AND RESPONSIBILITIES

A. The Vendor shall have and maintain a valid federal wetland mitigation banking instrument

(permit).

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

C. The Vendor wetland mitigation service(s) shall maintain a federal wetland mitigation bank service area that geographically encompasses the planned projects’ wetland impacts. Alternatively, a

Vendor can provide written verification from FDEP 404 and/or ACOE that its federal freshwater herbaceous wetland mitigation functional credits are acceptable to offset wetland impacts for the planned project (ACOE proximity factor).

D. The Vendor shall maintain federal freshwater herbaceous wetland mitigation functional credits that shall include all species credits (e.g., wood stork) tied to each wetland credit.

E. The Vendor shall have federal freshwater herbaceous wetland mitigation functional credits that are certified using UMAM, WRAP, or MWRAP assessment methodology.

F. The Vendor will issue to the Department a reservation letter(s) documenting the number of wetland mitigation credits reserved by their wetland mitigation bank(s) for the project within three (3) days upon receiving a written request by the Department’s Project/Contract Manager, following the execution of the Contract.

G. The Vendor will issue to the Department an invoice for the required federal freshwater herbaceous wetland mitigation functional credits within five (5) business days upon receiving a written request by the Department’s Project/Contract Manager, following the issuance of the TWO.

Page A-3

H. The Vendor will provide to the Department, within forty-five (45) days after payment of the invoice, an agency ledger or agency documentation as proof of the federal freshwater herbaceous wetland mitigation functional credits purchase/transfer for the planned project.

I. The Vendor shall provide additional federal freshwater herbaceous wetland mitigation functional credits if available, as needed to meet the projects’ needs.

J. All reserved federal freshwater herbaceous wetland mitigation functional credits shall be made available to the Department upon the date of execution of a TWO.

6.0 EXCESS FEDERAL FRESHWATER HERBACEOUS WETLAND MITIGATION

FUNCTIONAL CREDITS

To the extent the federal freshwater herbaceous wetland mitigation functional credits purchased by the

Department exceed the number of actual federal freshwater herbaceous wetland mitigation functional credits needed for the project, the Department reserves the right to use any excess federal freshwater herbaceous wetland mitigation functional credits on future qualifying FDOT projects.

7.0 SCHEDULE OF EVENTS

7.1 Following the award of the Contract and upon written request from the Department, the Vendor will provide a reservation letter documenting the federal freshwater wetland mitigation functional credits provided by their wetland mitigation bank within three (3) days of the request.

7.2 The Department will issue a TWO to the awarded Vendor for the purchase of federal freshwater wetland mitigation functional credits. Following issuance of the Department’s permits, the

Department will request an invoice for the reserved federal freshwater herbaceous wetland mitigation functional credits.

7.3 The Vendor shall issue to the Department an invoice within five (5) business days of the date of the request.

7.4 The Department will issue payment(s) to the Vendor.

7.5 The Vendor shall provide to the Department, within forty-five (45) days after payment of the invoice, a ledger as proof of the federal freshwater herbaceous wetland mitigation functional credit purchase/transfer for the project.

6.0 DEPARTMENT’S PROJECT/CONTRACT MANAGER

The Department has assigned Tiffany Crosby as Project/Contract Manager to administer the terms and conditions of the Contract and to be the Department’s primary contact with the Vendor after award of the

Contract.

Tiffany Crosby

Turkey Lake Service Plaza, MP263, Building #5315

Ocoee, Florida 34761

(407) 264-3828 tiffany.crosby@dot.state.fl.us.

mailto:tiffany.crosby@dot.state.fl.us

ATTACHMENTS

ATTACHMENTS

FPID: FPID: 440897-3-52-01

State of Florida Department of Transportation, Attachment “A”

Florida’s Turnpike Enterprise

ATTACHMENT “A”

STANDARD WRITTEN AGREEMENT

Agreement No.:

Financial Project I.D.: 440897-3-52-01

F.E.I.D. No.:

Appropriation Bill Number(s)/Line Item Number(s) for 1st year of contract, pursuant to s. 216.313, F.S.

(required for contracts in excess of $5 million)

Procurement No.: DOT-ITB-24-8030-MM

D.M.S. Catalog Class No.: 64141701, 64141700

BY THIS AGREEMENT, made and entered into this day of , 2023 by and between the

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (hereinafter called the “Department”), and

, duly authorized to conduct business in the State of Florida (hereinafter called “Vendor”) (the Department and the Vendor may be individually referred to as “Party” and collectively referred to as the “Parties”), hereby agree as follows:

1. SERVICES AND PERFORMANCE

A. In connection with the provision of purchasing federal freshwater herbaceous wetland mitigation credits to offset federal wetland impacts by the Department of Transportation in Polk County, the Department does hereby retain the Vendor to furnish certain services, information, and items as described in Exhibit “A,” Technical Specifications, attached hereto and made a part hereof.

B. Before making any additions or deletions to the work described in this Agreement, and before undertaking any changes or revisions to such work, the Parties shall negotiate any necessary cost changes and shall enter into an amendment covering such work and compensation. Reference herein to this Agreement shall include any amendment(s).

C. All tracings, plans, specifications, maps, computer files, and reports prepared or obtained under this Agreement, as well as all data collected, together with summaries and charts derived therefrom, shall be the exclusive property of the Department without restriction or limitation on their use and shall be made available, upon request, to the Department at any time during the performance of such services and/or upon completion or termination of this Agreement. Upon delivery to the Department of said document(s), the Department shall become the custodian thereof in accordance with Chapter 119, Florida Statutes. The Vendor shall not copyright any material and products or patent any invention developed under this Agreement. The Department shall have the right to visit the site for inspection of the work and the products of the Vendor at any time.

D. All final plans, documents, reports, studies, and other data prepared by the Vendor shall bear the professional’s seal/signature, in accordance with the applicable Florida Statutes, Administrative Rules promulgated by the Department of Business and Professional

Regulation, and guidelines published by the Department, in effect at the time of execution of this Agreement. In the event that changes in the statutes or rules create a conflict with the requirements of published guidelines, requirements of the statutes and rules shall take precedence.

E. The Vendor agrees to provide project schedule progress reports in a format acceptable to the Department and at intervals established by the Department. The Department shall be entitled at all times to be advised, at its request, as to the status of work being done by the Vendor and of the details thereof. Coordination shall be maintained by the Vendor with representatives of the Department, or of other agencies interested in the project on behalf of the Department. Either Party to this Agreement may request and be granted a conference.

F. All services shall be performed by the Vendor to the satisfaction of the Director who shall decide all questions, difficulties, and disputes of any nature whatsoever that may arise under or by reason of this Agreement, the prosecution and fulfillment of the services hereunder and the character, quality, amount of value thereof; and the decision upon all claims, questions, and disputes shall be final and binding upon the Parties hereto. Adjustments of compensation and contract time because of any major changes in the work that may become necessary or desirable as the work progresses shall be subject to mutual agreement of the Parties, and amendment(s) shall be entered into by the Parties in accordance herewith.

Reference herein to the Director shall mean the:

Executive Director and Chief Executive Officer, Florida’s Turnpike Enterprise

2. TERM

A. Initial Term. This Agreement shall begin on date of execution and shall remain in full force and effect through completion of all services required or as selected below, whichever occurs first. Subsequent to the execution of this Agreement by both Parties, the services to be rendered by the Vendor shall commence and be completed in accordance with the option selected below. (Select box and indicate date(s) as appropriate):

o Services shall commence upon execution and shall be completed within years or date of termination, whichever occurs first.

• The Contract will be effective for a period of three (3) years following the date of execution of the Contract or the date of issuance of the first Task Work Order (TWO), whichever is later.

o Other: See Exhibit “A”

B. RENEWALS (Select appropriate box):

o This Agreement may not be renewed.

• This Agreement may be renewed for up to three (3) additional years in such increments as determined by the Department. Renewals are contingent upon satisfactory performance evaluations by the Department and subject to the availability of funds. Costs for renewal may not be charged. Any renewal or extension must be in writing and is subject to the same terms and conditions set forth in this Agreement and any written amendments signed by the Parties.

C. EXTENSIONS. In the event that circumstances arise which make performance by the Vendor impracticable or impossible within the time allowed or which prevent a new contract from being executed, the Department, in its discretion, may grant an extension of this Agreement. The extension of this Agreement must be in writing for a period not to exceed six (6) months and is subject to the same terms and conditions set forth in this Agreement and any written amendments signed by the Parties; provided the

Department may, in its discretion, grant a proportional increase in the total dollar amount based on the method and rate established herein. There may be only one extension of this Agreement unless the failure to meet the criteria set forth in this Agreement for completion of this Agreement is due to events beyond the control of the Vendor.

It shall be the responsibility of the Vendor to ensure at all times that sufficient time remains in the Project Schedule within which to complete services on the project. In the event there have been delays which would affect the project completion date, the Vendor shall submit a written request to the Department which identifies the reason(s) for the delay and the amount of time related to each reason. The Department shall review the request and make a determination as to granting all or part of the requested extension.

3. COMPENSATION AND PAYMENT

A. Payment shall be made only after receipt…