Complete ITB Package_MM.pdf

FLORIDA DEPARTMENT OF TRANSPORTATION

INVITATION TO BID

DOT-ITB-25-8036-MM

PURCHASE OF STATE AND FEDERAL FRESHWATER

HERBACEOUS AND FORESTED WETLAND MITIGATION FUNCTIONAL CREDITS

TO OFFSET STATE AND FEDERAL WETLAND IMPACTS

INDEFINITE QUANTITIES CONTRACT

FPI Nos: 437155-1-52-01, 437155-5-52-01 & 437155-6-52-01

FPI Nos: 437155-1-52-01

437155-5-52-01

437155-6-52-01

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-25-8036-MM

Title Purchase of State and Federal Freshwater Herbaceous and Forested Wetland Mitigation Functional Credits to

Offset State and Federal Wetland Impacts

Bids Due: Tuesday, October 22, 2024, 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/

FPID: 437155-1-52-01

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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 state and federal freshwater herbaceous and forested wetland mitigation functional credits to offset approximately 3.5 acres of impact to state and federal qualifying freshwater herbaceous and forested wetlands for FDOT, projects within the South Florida Water Management District (SFWMD) New River Cumulative Impact

Regulatory Basin and the USGS Florida Southeast Coast HUC8 #03090206 and Everglades HUC8 # 03090202. The

Department intends to purchase state and federal freshwater herbaceous and forested wetland mitigation functional 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 credits from additional qualified 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 one (1) year following the date of issuance of the first Task Work Order (TWO).

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

“Bid” and “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 10-15-2024 05:00 PM

BIDS DUE: 10-22-2024 02:30 PM

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

Reference “DOT-ITB-25-8036-MM” in the subject line

PUBLIC OPENING (BIDS) 10-22-2024 03:00 PM

Florida’s Turnpike Headquarters

Florida’s Turnpike M.P. 263.0

Turkey Lake Service Plaza, Bldg. 5315

Room 2167

Ocoee, Florida 34761

POSTING OF INTENDED DECISION 10-29-2024

Via the Florida Vendor Information Portal (VIP)

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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.

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 #7. 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 (as may be modified by any subsequent Addenda). 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-25-8036-

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

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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 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.

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

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10) CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES OF CONCERN PROHIBITED

The Bidder must submit, with its Bid, a completed Foreign Country of Concern Attestation (PUR 1355) (Form 3). Form

3 must be completed by an officer or representative of the Bidder on behalf of the Bidder.

11) PROVISION OF COMMODITIES PRODUCED BY FORCED LABOR

Pursuant to Section 287.1346, Florida Statutes, at the time a company submits a bid, proposal, or reply for a contract and before the company enters into or renews a contract with an agency for the provision of commodities, a member of the company’s senior management must certify, in writing, that to the best of his or her knowledge the commodities such company is offering to the agency have not been produced, in whole or in part, by forced labor.

The Bidder must submit, with its Bid, a completed Certification Regarding Provision of Commodities Produced by

Forced Labor Form (“Form 4”). Form 4 must be signed by a member of the Bidders’s senior management, as defined in

Section 287.1346, Florida Statutes.

In addition, prior to execution of the Contract, the Vendor must submit to the Procurement Officer, within ten (10) calendar days of written request by the Procurement Officer, a completed Form 4 signed by a member of the Vendor’s senior management, as defined in Section 287.1346, Florida Statutes.

12) USE OF COERCION FOR LABOR AND SERVICES

Pursuant to Section 787.06(13), Florida Statutes, when a contract is executed, renewed, or extended between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services.

Prior to execution of the Contract, the Vendor must submit to the Procurement Officer, within ten (10) calendar days of written request by the Procurement Officer, a completed Affidavit Regarding Labor and Services (“Form

5”), which must be signed by an authorized representative of the Vendor under penalty of perjury.

13) 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.

14) PRE-BID CONFERENCE

A PRE-BID CONFERENCE WILL NOT BE HELD.

15) QUALIFICATIONS

15.1 General

The Bidder must submit with their Bid Package:

• A copy of the Bidder’s valid state and federal banking instrument (permit).

• A copy of the Bidder’s state and federal credit ledger(s).

15.2 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

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15.3 Licensed to Conduct Services in the State of Florida

If a Bid includes services that require individuals to be licensed by the Florida 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:

Florida Department of Business and Professional Regulation

Tallahassee, Florida 32399-0797

(850) 487-1395

16) METHOD OF COMPENSATION

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

17) 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.

18) 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.

19) 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.

20) 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.

21) 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.

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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 functional credits.

22) RESPONSIVENESS OF BIDS

22.1 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.

22.2 Multiple Bids

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

22.3 Other Condition

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

Bidders, 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.

23) 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.

24) 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.

25) 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 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

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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.

26) 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.

27) 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 20MB, 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.

28) 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 (as may be modified by any subsequent Addenda) by submitting a written request to the Procurement Officer.

29) BID OPENING

Bids will be opened by the Department at the date, time, and location in the Timeline (as may be modified by any subsequent Addenda), with Bidder’s name and prices read aloud.

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30) 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).

31) POSTING OF INTENDED DECISION

The Department’s intended decision 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.

32) ATTACHED EXHIBITS, FORMS AND ATTACHMENTS

32.1 - Exhibits

Exhibit “A,” Technical Specifications

Exhibit “B,” Method of Compensation

Exhibit “C,” Bid Blank

32.2 - Forms

Form 1 – Bidder Certification Regarding Scrutinized Companies *

Form 2 – E-Verify *

Form 3 – Foreign Country of Concern Attestation (PUR 1355)*

Form 4 – Certification Regarding Provision of Commodities Produced by Forced Labor*

Form 5 – Affidavit Regarding Labor and Services

Form 6 – Certificate of Contract Completion

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

32.3 - Attachments

Attachment “A,” Standard Written Agreement

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

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

Attachment “D,” Project Location Map

33) 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:

Section 5.l., PRIDE – PUR 1000

Section 8.a., Dispute Resolution – PUR 1000

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ITB-10

34) 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

35) 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

ITB

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,” Project Location Map

36) 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-25-8036-MM

FPID: 437155-1-52-01

437155-5-52-01

437155-6-52-01

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 the 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:

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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: _____________________________________________________________________________

PUR 1355 (10/23) Page 1 of 1 Rule 60A-1.020, F.A.C.

This form must be completed by an officer or representative of an entity submitting a bid, proposal, or reply to, or entering into, renewing, or extending, a contract with a Governmental

Entity which would grant the entity access to an individual’s Personal Identifying Information.

Capitalized terms used herein have the definitions ascribed in Rule 60A-1.020, F.A.C.

________________________ is not owned by the government of a Foreign Country of Concern, (Entity Name) is not organized under the laws of nor has its Principal Place of Business in a Foreign Country of Concern, and the government of a Foreign Country of Concern does not have a Controlling

Interest in the entity.

Under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true.

Printed Name:

Title:

Signature: Date:

DOT-ITB-25-8036-MM

FPID: 437155-1-52-01

437155-5-52-01 437155-6-52-01

FORM 3

FOREIGN COUNTRY OF CONCERN

ATTESTATION (PUR 1355)

FORM 3

Foreign Country of Concern Attestation https://www.flrules.org/gateway/RuleNo.asp?title=GENERAL%20REGULATIONS&ID=60A-1.020

State of Florida Department of Transportation, Form 4

Florida’s Turnpike Enterprise DOT-ITB-25-8036-MM

CERTIFICATION REGARDING PROVISION

OF COMMODITIES PRODUCED BY FORCED LABOR

For purposes of this form, the term “Company” shall mean and refer to either: (a) the Bidder, if this form is being submitted by a Bidder (as defined in the above-referenced ITB), or (b) the Vendor, if this form is being submitted by a Vendor (as defined in the above-referenced ITB). This form must be signed by a member of the

Company’s senior management, as defined in Section 287.1346, Florida Statutes.

Company Name: _______________________________________________________________________

Company FEIN: ________________________________________________________________________

Company Mailing Address: _________________________________________________________________

Phone Number: ____________________________ Email Address: ______________________________

Pursuant to Section 287.1346, Florida Statutes, a company who has been placed on the forced labor vendor list may not submit a bid, proposal, or reply on a contract to provide any commodities to an agency; may not be awarded a contract to perform work as a contractor, supplier, subcontractor, or consultant with an agency for the provision of commodities; and may not transact business for the provision of commodities with any agency.

In addition, an agency may not accept a bid, proposal, or reply from; award a contract to; or transact business pertaining to the provision of commodities with a company on the forced labor vendor list, or an entity under the control of such company, for a period of 365 days after the date the company was placed on the list unless the company is removed from the list in accordance with Section 287.1346, Florida Statutes.

By signing below, the undersigned certifies the following: (1) that the undersigned is a member of the

Company’s senior management, as defined under Section 287.1346, Florida Statutes; (2) that, to the best of the undersigned’s knowledge, any commodities being offered by the Company to the Department pursuant to the above-referenced solicitation have not been produced, in whole or in part, by forced labor; and (3) that the undersigned is authorized to execute this certification on behalf of, and to otherwise bind, the Company on whose behalf the undersigned executes this certification.

Signature of Company’s Senior Management Member: _________________________________________

Printed Name: __________________________________________________________________________

Title: __________________________________________________________________________________

Date: __________________________________________________________________________________

AFFIDAVIT REGARDING LABOR AND SERVICES

375-030-31

PROCUREMENT

07/24

Effective July 1, 2024, pursuant to §787.06(13), Florida Statutes, when a contract is executed, renewed, or extended between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services.

Nongovernmental Entity's Name:

Address:

Phone Number:

Authorized Representative’s Name:

Authorized Representative’s Title:

Email Address:

AFFIDAVIT

I, , as authorized representative attest that does not use coercion for labor or services as defined in §787.06, Florida Statutes.

Under penalty of perjury, I declare that I have read the foregoing Affidavit and that the facts stated in it are true.

(Signature of authorized representative) Date

STATE

COUNTY OF

Sworn to (or affirmed) and subscribed before me, by means of physical presence or online notarization, this day of , (year), by

Notary Public

Commission Expires Personally Known OR Produced Identification Type of Identification Produced

FORM 5

DOT-ITB-25-8036-MM

FPID: 437155-1-52-01

437155-5-52-01

437155-5-52-01 437155-6-52-01

Form 6

Form 6

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

CERTIFICATE OF CONTRACT COMPLETION

Contract Number _____________________________________ FPIN.:

Project Description __________________________________________________________________________________

Vendor ___________________________________________________________________________________________

Contract Completion 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

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Page A-1

TECHNICAL SPECIFICATIONS

1.0 INTRODUCTION

This Contract consists of the sale and purchase of appropriate state and federal freshwater herbaceous and forested wetland mitigation functional credits to offset approximately 3.5 acres of impact to state and federal qualifying freshwater herbaceous and forested wetlands for FDOT, projects within SFWMD New

River Cumulative Impact Regulatory Basin and the USGS Florida Southeast Coast HUC8 #03090206 and

Everglades HUC8 # 03090202.

Project 437155-1-52-01 Purchase of a minimum of 1.0 UMAM, WATER, WRAP, and/or MWRAP state and/or federal freshwater herbaceous wetland mitigation functional credits and a minimum of 1.0 UMAM, WATER, WRAP, and/or MWRAP state and/or federal freshwater forested wetland mitigation functional credits to offset the wetland impacts associated with the Department planned project located within

SFWMD New River Cumulative Impact Regulatory Basin and the USGS Florida Southeast Coast HUC8

#03090206 and Everglades HUC8 # 03090202.

Project 437155-5-52-01 Purchase of a minimum of 1.0 UMAM, WATER, WRAP, and/or MWRAP state and/or federal freshwater herbaceous wetland mitigation functional credits and a minimum of 1.0 UMAM, WATER, WRAP, and/or MWRAP state and/or federal freshwater forested wetland mitigation functional credits to offset the wetland impacts associated with the Department planned project located within

#03090206.

Project 437155-6-52-01 - Purchase of a minimum of 1.0 UMAM, WATER, WRAP, and/or MWRAP state and/or federal freshwater herbaceous wetland mitigation functional credits and a minimum of 1.0 UMAM, WATER, WRAP, and/or MWRAP state and/or federal freshwater forested wetland mitigation functional credits to offset the wetland impacts associated with the Department planned project located within

#03090206 and Everglades HUC8 # 03090202.

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.

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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 functional credits on an as needed basis.

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

3.0 ACRONYMS

ACOE: U.S. Army Corps of Engineers

FDOT: Florida Department of Transportation

HUC: Hydrologic Unit Code

MWRAP: Modified Wetland Rapid Assessment Procedure

SFWMD: South Florida Water Management District

UMAM: Uniform Mitigation Assessment Method.

USGS: United States Geological Survey

WATER: Water Assessment Technique for Environmental Review.

WRAP: Wetland Rapid Assessment Procedure

4.0 PROJECT DESCRIPTIONS

1. Project 437155-1-52-01 Widen Sawgrass (SR 869) from Sunrise Blvd. to Oakland Park Blvd. (MP

0.5 to MP 4.1) located in Broward County, Florida within the SFWMD New River Cumulative Impact

Regulatory Basin and the USGS Florida Southeast Coast HUC8 #03090206 and Everglades HUC8 #

03090202. The project is anticipated to be permitted by SFWMD and ACOE to authorize approximately 3.25 state and federal qualifying herbaceous and forested wetland impacts (refer to

Attachment “D”, 437155-1 Location Map).

2. Project 437155-5-52-01 Widen Sawgrass (SR 869) from south of NW 8th Street to south of Sunrise

Blvd (MP 0.0 to MP 0.5) located in Broward County Florida within SFWMD New River Cumulative

Impact Regulatory Basin and the USGS Florida Southeast Coast HUC8 #03090206. The project is anticipated to be permitted by SFWMD and ACOE to authorize state and federal qualifying herbaceous and forested wetland impacts (refer to Attachment “D”, 437155-5 Location Map).

3. Project 437155-6-52-01 - Widen Sawgrass (SR 869) from Oakland Park Blvd. to Atlantic Blvd. (MP

4.1 to MP 7.5) located in Broward County Florida within SFWMD New River Cumulative Impact

Regulatory Basin and the USGS Florida Southeast Coast HUC8 #03090206 and Everglades HUC8 #

03090202. The project is anticipated to be permitted by SFWMD and ACOE to authorize state and federal qualifying herbaceous and forested wetland impacts (refer to Attachment “D”, 437155-6

Location Map).

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5.0 VENDOR REQUIREMENTS AND RESPONSIBILITIES

A. The Vendor shall have and maintain a valid state and/or federal wetland mitigation banking instrument (permit).

B. The Vendor shall have a current wetland mitigation functional credit ledger(s) itemizing the number of available state and/or federal freshwater herbaceous and/or forested wetland mitigation functional credits at the…