DOT-ITB-23-1315-REBID-CB.pdf

ITBSHELL.SERVICES 2/1/2021

State of Florida Department of Transportation

INVITATION TO BID

FDOT District One ATMS.now Migration

DOT-ITB-23-1315-REBID-CB

CONTACT FOR QUESTIONS:

Christina Browne, Procurement Agent E-Mail: D1-Purchasing@dot.state.fl.us

Phone: (863) 519-2581 801 N. Broadway Ave.

Bartow, FL 33830

State of Florida Department of Transportation

Procurement Office 801 N. Broadway Ave.

Bartow, FL 33830

INVITATION TO BID REGISTRATION

PLEASE COMPLETE AND RETURN THIS FORM ASAP

E-MAIL TO: Christina Browne, D1-Purchasing@dot.state.fl.us

Bid Number: DOT-ITB-23-1315-REBID-CB

Title: FDOT District One ATMS.now Migration

Bid Due Date & Time (On or Before): August 18, 2022 @ 9:00 AM

Bid Opening Date & Time: August 18, 2022 @ 11:00____________________________

Potential bidders should notify our office by returning this Bid Registration Form as soon as possible after downloading. Complete the information below e-mail to:

Christina Browne, D1-Purchasing@dot.state.fl.us

THE INVITATION TO BID DOCUMENT YOU RECEIVED IS SUBJECT TO

CHANGE. Notice of changes (Addenda), will be posted on the Florida Vendor Bid System at http://myflorida.com/apps/vbs/vbs_www.main_menu, under this bid number click on “Search Advertisements”, click on the drop-down arrow beside the box under Advertisement Type, select Competitive Solicitation, click on the drop-down arrow beside the box under Agency, select DEPARTMENT OF TRANSPORTATION, then go to the bottom of the same page and click on Advertisement Search. It is the responsibility of all potential bidders to monitor this site for any changing information prior to submitting your bid.

Company Name:

Address:

City, State, Zip:

Telephone: ( ) Contact Person:

Internet E-Mail Address: __________________________________________________

For further information on this process, e-mail or telephone:

Christina Browne: D1-Purchasing@dot.state.fl.us - (863) 519-2581

BID SHEET

BID#: FOB: _User Defined within

Florida BID TITLE: FDOT District One ATMS.now Migration

BID ALL AS SPECIFIED OR NONE

SUBSTITUTIONS WILL NOT BE ACCEPTED

DESCRIPTION QUANTITY UNIT RATE TOTAL

Refer to Exhibit -Scope of Services to provide accurate Bid for Phase 1 ATMS Remote Migration for Manatee and Sarasota Counties (662 intersections) and City of Winter Haven (44 Intersections) – 3 Counties

1 each

Additional items and equipment needed for a turnkey project

1 each

ATMS System Maintenance and Support Agreement to include: (1) Free upgrades to the latest full version of ATMS core system at the beginning of the agreement, via remote access. (2) Free software updates of the ATMS core system software via remote access. (3) An annual health check on the IT environment the ATMS resides and provide recommendations to improve system performance.

FDOT will provide remote access to Cubic. (4) Priority support from ATMS Technical Systems Group.

Support will be Monday thru Friday, 7:00 a.m. to 7:00 p.m.

ATMS System Maintenance & Support YEAR 1 after full acceptance and project completion.

The FDOT Project Manager will notify the vendor, in writing, the date of final acceptance. 1 year

EXHIBIT "B"

DOT-ITB-23-1315-REBID-CB

C-1

A

Support YEAR 2. 1 year

Support YEAR 3. 1 year

***Refer to Scope for details of the contract. Contract is to include all other equipment and services needed to complete migration for a turnkey project at no additional cost.

*** Freight Charges, Sales Taxes included

*** Please note shipping or any other charges must be included in total price.

Total Bid Price

DELIVERY: PLEASE INDICATE HOW MANY DAYS DELIVERY WILL BE MADE

AFTER RECEIPT OF PURCHASE ORDER.

MFMP TRANSACTION FEE:

All payment(s) to the vendor resulting from this competitive solicitation WILL be subject to the 1% MFMP Transaction Fee in accordance with the attached form PUR 1000 General Contract Conditions #14.

NOTE:

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

ACKNOWLEDGEMENT:

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

Bidder: __________________________________________________

FEID# _________________

Address:___________________________ City, State, Zip: ________

Phone: _________________ Fax: _____________ Email: __________

Authorized Signature: _________________________________ Date:

Printed/Typed: __________________________________ Title:

C-2

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

DRUG-FREE WORKPLACE PROGRAM CERTIFICATION

375-040-18

PROCUREMENT

03/17

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

(1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.

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

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

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

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

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

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

YES

NO

NAME OF BUSINESS:

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

BID OPPORTUNITY LIST FOR COMMODITIES & CONTRACTUAL

SERVICES

375-040-62

PROCUREMENT

01/16

Prime Contractor:

Address/Phone Number:

Procurement Number:

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

1. Federal Tax ID Number: 6. DBE 7. Annual Gross Receipts

2. Firm Name: Non-DBE Less than $1 million

3. Phone: Between $1 - $5 million

4. Address: Between $5 - $10 million

Between $10 - $15 million More than $15 million

5. Year Firm Established:

1. Federal Tax ID Number: 6. DBE 7. Annual Gross Receipts

2. Firm Name: Non-DBE Less than $1 million

3. Phone: Between $1 - $5 million

4. Address: Between $5 - $10 million

Between $10 - $15 million More than $15 million

5. Year Firm Established:

1. Federal Tax ID Number: 6. DBE 7. Annual Gross Receipts

2. Firm Name: Non-DBE Less than $1 million

3. Phone: Between $1 - $5 million

4. Address: Between $5 - $10 million

Between $10 - $15 million More than $15 million

5. Year Firm Established:

1. Federal Tax ID Number: 6. DBE 7. Annual Gross Receipts

2. Firm Name: Non-DBE Less than $1 million

3. Phone: Between $1 - $5 million

4. Address: Between $5 - $10 million

Between $10 - $15 million More than $15 million

5. Year Firm Established:

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

PG 1

DOT-ITB-23-1315-REBID-CB

MINIMUM QUALIFICATIONS STATEMENT

How many years has your business performed the type of services being requested?

Provide a written statement detailing your qualifications:

WORK REFERENCES

List the names of three references for which your business has provided similar services.

BUSINESS NAME ADDRESS CONTACT PERSON PHONE NO.

1. ________________________________________________________________________________________

2. ________________________________________________________________________________________

3. ________________________________________________________________________________________

FINANCIAL PROJECT NO.

DESCRIPTION:

I, , (name) (title) of plan to subcontract at least % (percent) of the project costs on the above referenced project to Minority

Business Enterprises.

If I have indicated above that a portion of the project costs will be subcontracted to MBE(s), the firms considered as proposed subconsultants/contractors and the types of services or commodities to be subcontracted are as follows:

MBE SUBCONSULTANTS/CONTRACTORS TYPES OF SERVICES/COMMODITIES

Signed:

Title:

Date:

I understand that I will need to submit Minority Business Enterprises (MBE) payment certification forms to the Department for reporting purposes only.

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

PROCUREMENT

375-040-24

12/09

MBE PLANNED UTILIZATION

PROCUREMENT NO.

(DEPARTMENT USE ONLY)

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-60

Florida Statutes VENDOR CERTIFICATION REGARDING PROCUREMENT

287.135 SCRUTINIZED COMPANIES LISTS OGC – 06/18

Respondent Vendor Name: _____________________________________________________

Vendor FEIN: ___________________

Vendor’s Authorized Representative Name and Title: ___________________________________

Address: ______________________________________________________________________

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 contracting or renewal, 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, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes.

As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the section entitled “Respondent Vendor Name” is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List. I further certify that the company is not engaged in a boycott of Israel. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney’s fees, and/or costs.

Certified By: __________________________________________________________ who is authorized to sign on behalf of the above referenced company.

Authorized Signature Print Name and Title: _________________________________________

Date:

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

1) INVITATION

The State of Florida Department of Transportation (hereinafter referred to as the "Department") is soliciting written bids from qualified bidders to establish a contract to provide FDOT District One ATMS.now Migration. It is anticipated that the term of the contract will begin on September 1, 2022 and be effective for 24 months thereafter.

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

2) TIMELINE

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

ACTION / LOCATION DATE LOCAL TIME

DEADLINE FOR TECHNICAL QUESTIONS - 8/4/2022 2:00 PM

There is no deadline for administrative questions.

BIDS DUE (ON OR BEFORE) - 8/18/2022 9:00 AM

Submit bids to: D1.Purch@dot.state.fl.us

PUBLIC OPENING - 8/18/2022 11:00 AM

801 N. Broadway Ave.

Bartow, FL 33830

POSTING OF INTENDED DECISION/AWARD - 8/18/2022 2:00 PM

3) BID OPENING AGENDA

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

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

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

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

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

4) SPECIAL ACCOMMODATIONS

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

(TDD).

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

1) MyFloridaMarketPlace

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

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

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

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

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

3) QUESTIONS & ANSWERS

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

Any technical questions arising from this Invitation to Bid must be forwarded, in writing, to the procurement agent identified below. Questions must be received no later than the time and date reflected on the Timeline.

The Department’s written response to written inquiries submitted timely by bidders will be posted on the Florida Vendor Bid System at http://myflorida.com/apps/vbs/vbs_www.main_menu (“Search Advertisements”), under this bid number. It is the responsibility of all potential bidders to monitor this site for any changing information prior to submitting their bid.

WRITTEN TECHNICAL QUESTIONS should be submitted to:

Christina Browne E-Mail: D1-Purchasing@dot.state.fl.us Mailing Address: D-1 Purchasing MS 1-31

801 N. Broadway Ave.

Bartow, FL 33830

Questions regarding administrative aspects of the bid process should be directed to the Procurement Agent in writing at the address above or by phone: (863) 519-2581

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

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

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

5) DIVERSITY ACHIEVEMENT

MINORITY BUSINESS ENTERPRISE (MBE) UTILIZATION

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

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

To request certification or to locate certified MBEs, call the Office of Supplier Diversity, Department of Management Services at (850) 487-0915, or access their MBE directory on the Internet at www.osd.dms.state.fl.us/.

6) SCOPE OF SERVICES

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

7) INTENDED AWARD

The Department intends to award this contract to the responsive and responsible bidder that submits the lowest responsive bid. If the Department is confronted with identical pricing or scoring from multiple vendors, the Department shall determine the order of award using the following criteria, in the order of preference listed below (from highest priority to lowest priority):

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

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

3. Section 287.057(11); Minority Business Enterprise

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

8) QUALIFICATIONS

8.1 GENERAL

Vendor must meet the following minimum qualifications:

8.1.1 Been actively engaged in the type of business being requested for a minimum of 3 years.

8.2 BIDDER QUALIFICATIONS

When submitting the bid, each bidder must submit a written statement (“Minimum Qualifications Statement” form), detailing their qualifications that demonstrate they meet the minimum qualifications contained in Special Condition 9.1.1, above. Failure by the bidder to provide the above item(s) will constitute a non-responsive determination. Bids found to be non-responsive will not be considered.

8.3 AUTHORIZED TO DO BUSINESS IN THE STATE OF FLORIDA

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

Florida Department of State Tallahassee, Florida 32399

(850) 245-6051

8.4 LICENSE TO CONDUCT SERVICES IN THE STATE OF FLORIDA

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

For licensing, contact:

Florida Department of Business and Professional Regulation Tallahassee, Florida 32399-0797

(850) 487-1395

9) WARRANTY/SUBSTITUTIONS

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

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

All items provided during the performance of the contract found to be poorly manufactured will not be accepted, but returned to the vendor, at their expense, for replacement. Replacement of all items found defective shall be made without cost to the Department, including transportation, if applicable. As it may be impossible for each facility to inspect all items upon arrival, a reasonable opportunity must be given to these facilities for inspection of the items, and returning those that are defective.

10) LIABILITY INSURANCE

The Vendor shall not commence any work until they have obtained the following types of insurance, and certificates of such insurance have been received by the Department. Nor shall the Vendor allow any subcontractor to commence work on this project until all similar insurance required of the subcontractor has been so obtained. The Vendor shall submit the required Certificates of Insurance to the Florida Department of Transportation, Procurement Office within ten (10) days after the ending date of the period for posting the intended award decision.

Christina Browne E-Mail: D1-Purchasing@dot.state.fl.us Mailing Address: D-1 Purchasing MS 1-31

801 N. Broadway Ave.

Bartow, FL 33830

( ) No general liability insurance is required.

( X ) The Vendor must carry and keep in force during the period of this contract a general liability insurance policy or policies with a company authorized to do business in the state of Florida, affording public liability insurance with combined bodily injury limits of at least $ (200,000 minimum) per person and $ (300,000 minimum) each occurrence, and property damage insurance of at least $ (200,000 minimum) each occurrence, for the services to be rendered in accordance with this contract.

( ) The Vendor must have and maintain during the period of this contract, a professional liability insurance policy or policies or an irrevocable letter of credit established pursuant to Chapter 675, Florida Statutes, and Section 337.106, Florida Statutes, with a company authorized to do business in the state of Florida, affording professional liability coverage for the professional services to be rendered in accordance with this contract in the amount of at least $ . The Vendor shall maintain professional liability coverage for a minimum of three years after completion of the services rendered under this contract.

With respect to any general liability insurance policy required pursuant to this Agreement, all such policies shall be issued by companies licensed to do business in the State of Florida. The Vendor shall provide to the Department certificates showing the required coverage to be in effect with endorsements showing the Department to be an additional insured prior to commencing any work under this Contract.

The certificates and policies shall provide that in the event of any material change in or cancellation of the policies reflecting the required coverage, thirty days advance notice shall be given to the Department or as provided in accordance with Florida law.

The Department shall be exempt from, and in no way liable for, any sums of money which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Vendor or subcontractor providing such insurance. Policies that include Self Insured Retention (SIR) will not be accepted.

11) PERFORMANCE BOND

( X ) A Performance Bond is not required for this project.

12) METHOD OF COMPENSATION

Payment will be made through a Purchase Request

13) CONTRACT DOCUMENT

PURCHASE ORDER

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

14) REVIEW OF BIDDER'S FACILITIES & QUALIFICATIONS

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

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

15) PROTEST OF INVITATION TO BID SPECIFICATIONS

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

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

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

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

16) UNAUTHORIZED ALIENS

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

17) SCRUTINIZED COMPANIES LISTS

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

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

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

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

18) RESERVATIONS

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

19) ADDITIONAL TERMS & CONDITIONS

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

20) RESPONSIVENESS OF BIDS

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

21) BID SHEET

The bidder must use the attached Bid Sheet to submit its bid. The Bid Sheet must be signed and dated in ink by a representative who is authorized to contractually bind the bidder. All bid sheets and other documentation submitted in response to this solicitation must be executed and submitted in a sealed envelope. Indicate the bid number, with the time and date of the bid opening, on the envelope used to return the bid.

22) ESTIMATED QUANTITIES

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

23) "DRUG-FREE WORK PLACE" PREFERENCE

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

24) COPYRIGHTED MATERIAL

Copyrighted material will be accepted as part of a bid only if accompanied by a waiver that will allow the Department to make paper and electronic copies necessary for the use of Department staff and agents. It is noted that copyrighted material is not exempt from the Public Records Law, Chapter 119, Florida Statutes.

Therefore, such material will be subject to viewing by the public, but copies of the material will not be provided to the public.

25) ATTACHMENT TO ITB SUBMITTAL - CONFIDENTIAL MATERIAL

The Bidder must include any materials it asserts to be exempted from public disclosure under Chapter 119, Florida Statutes, in a separate bound document labeled "Attachment to Invitation to Bid, Number DOT-ITB- 23-1315-REBID-CB - Confidential Material". The Bidder must identify the specific Statute that authorizes exemption from the Public Records Law. Any claim of confidentiality on materials the Bidder asserts to be exempt from public disclosure and placed elsewhere in the bid will be considered waived by the Bidder upon submission, effective after opening.

26) ELECTRONIC SUBMISSION OF PROPOSALS:

Electronic Bid Submittals

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

a) Subject line must show: DOT-ITB-23-1315-REBID-CB

b) Email shall contain one file attachment marked as the following: DOT-ITB-23-1315-REBID-CB

Bid Submittal

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

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

e) Bids shall be submitted to: D1.Purch@dot.state.fl.us

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

27) MODIFICATIONS, RESUBMITTAL AND WITHDRAWAL

Bidders may modify submitted bids at any time prior to the bid due date. Requests for modification of a submitted bid shall be in writing and must be signed by an authorized signatory of the bidder. Upon receipt and acceptance of such a request, the entire bid will be returned to the bidder and not considered unless resubmitted by the due date and time. Bidders may also send a change in a sealed envelope to be opened at the same time as the bid. The ITB number, opening date and time should appear on the envelope of the modified bid.

28) POSTING OF INTENDED DECISION/AWARD

28.1 - General:

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

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

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

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

28.2 - Inability to Post:

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

28.3 - Request to Withdraw Bid:

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

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

29) AWARD OF THE CONTRACT

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

A Purchase Order issued by the Department

30) RENEWAL

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

31) ATTACHED FORMS

Exhibit “A”- Scope of Services Pgs. A1-A4 Exhibit “C”- Bid Sheet Pgs. C1-C2 Minimum Qualifications Statement Work References Drug-Free Workplace Program Certification (Form 375-040-18) MBE Planned Utilization (Form 375-040-24) Standard Written Agreement (Form 375-040-19) Bid Opportunity List

32) TERMS AND CONDITIONS

32.1 General Contract Conditions (PUR 1000)

The State of Florida’s General Contract Conditions are outlined in form PUR 1000, which is a downloadable document incorporated into this Invitation to Bid (ITB) by reference. Any terms and conditions set forth in this ITB document take precedence over the PUR 1000 form where applicable.

http://www.dms.myflorida.com/content/download/2933/11777/1000.pdf

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

Paragraph 31, Dispute Resolution - PUR 1000 Paragraph 40, PRIDE – PUR 1000, when federal funds are utilized.

32.2 General Instructions to Respondents (PUR 1001)

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

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

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

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

32.3 MFMP Purchase Order Terms and Conditions

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

http://www.dms.myflorida.com/content/download/117735/646919/Purchase_Order_Terms_Sept_1,_2015_.pdf

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

33) ORDER OF PRECEDENCE

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

Exhibit “A”- Scope of Services Pgs. A1-A4 Exhibit “C”- Bid Sheet Pgs. C1-C2 Minimum Qualifications Statement Work References Drug-Free Workplace Program Certification (Form 375-040-18)

MBE Planned Utilization (Form 375-040-24) Standard Written Agreement (Form 375-040-19) Bid Opportunity List

Exhibit B

SCOPE OF SERVICES

DOT-ITB-

FDOT District One ATMS.now Migration

Financial Project ID: 417733-3-92-02

I. PURPOSE

The Florida Department of Transportation (FDOT) District 1 wishes to consolidate Cubic TrafficWare ATMS servers within their district. Currently, there are numerous agencies that operate and maintain their own Cubic | Trafficware ATMS systems, including Manatee County, Sarasota County, City of Sarasota, Polk County, and the City of Winter Haven. The intent is through a phased approach, to begin moving these separate agency ATMS systems onto a consolidated FDOT District 1 ATMS Server environment, where all agencies can continue to view, monitor, and control their traffic signals. This will ease the local agency burden of maintaining separate servers, allow for future agency coordination and allow for cost savings and synergies.

This project specifically addresses Phase 1 of the ATMS consolidation, migrating the following agencies to FDOT’s servers:

Manatee County (including all agencies within Manatee County) Sarasota County (including all agencies within Sarasota County) City of Winter Haven

All other agencies will be migrated as part of future projects under a separate scope of work.

Currently, Manatee County and Sarasota County are sharing the same ATMS server, hosted by Manatee County (Manatee County Server), while the City of Winter Haven has their own separate ATMS server. The goal of this project will be to install the latest Cubic | TrafficWare ATMS onto FDOT’s server environment and migrate databases to the new server for these three agencies, resulting in a new functional, and consolidated ATMS system that will allow for expansion to other partnering agencies in the future.

II. RESPONSIBILITIES OF THE DEPARTMENT & CONTRACTOR

2.1 ATMS Installation onto FDOT District 1 ATMS Server

Prior to beginning this task, FDOT IT Staff shall commission a new virtualized server to host the ATMS software. The server shall be fully patched and operational, including a new SQL Server database.

The contractor shall be responsible for providing, including but not limited to Department approved remote access software that has been coordinated with FDOT to access the FDOT ATMS software, system files, configurations, services, and licenses. Also create the ATMS database within SQL server and create all relevant SQL database tables necessary to operate the

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After the ATMS installation is complete, the contractor will notify the Department’s Project Manager, in writing.

2.2 ATMS Configuration Backup

Note for this task, only the Manatee County and Sarasota County configuration files shall be migrated. The City of Winter Haven’s configuration files will not be migrated.

The contractor shall coordinate personnel to work with Manatee County to login to the current ATMS server. Once access has been established the contractor shall backup the current Manatee County and Sarasota County configuration and controller database files. The contractor shall then move the files onto the new FDOT ATMS Server and install to the appropriate locations. This and any other work on this project that may require users to have downtime, may be required to be completed after hours. Downtime will have to be scheduled and approved by the Department’s Project Manager prior to work being completed.

The Contractor shall then ensure jurisdictional settings are configured for Manatee County, Sarasota County, and the City of Winter Haven. Note that FDOT shall add all Intersection Definitions for the City of Winter Haven, and this will not be the responsibility of the contractor.

Once configuration files are installed, and jurisdictions are configured the contractor shall perform a functional test and provide the test results to FDOT for review. The functional test shall include, but not limited to, tests to ensure basic system operation, but also that user logins, and intersection definition information are properly migrated. The test shall also include a test to ensure Manatee County’s SynchroGreen system and any other county identified function remains operational.

FDOT shall then assist in the coordination of cutover with Manatee County, Sarasota County, and the City of Winter Haven. The contractor shall be available for up to 8 hours during this cutover process to address questions, hot fixes and issues that may arise. Cutover shall include, but not limited to all agencies downloading new ATMS clients from the FDOT ATMS Server, installing the application, and logging in using their existing credentials. The Contractor shall configure new user login credentials for the City of Winter Haven.

2.3 SQL Database Migration

This task involves migrating the historical SQL database from the prior Manatee County Server to the new FDOT ATMS Server. This is performed last to provide a more seamless migration. The SQL database migration shall occur only after all three agencies are cutover to the new FDOT ATMS Server and when data is no longer written to the Manatee County Server.

The contractor shall provide personnel to work with Manatee County to login to their ATMS server. The contractor shall backup the SQL database for Manatee County and Sarasota County.

The contractor shall then move this SQL backup from the Manatee County Server to the FDOT ATMS Server. As stated previously any downtime will be scheduled and approved by the Department’s Project Manage before work is complete.

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The Contractor shall then migrate tables from the SQL backup to the appropriate tables within the FDOT ATMS Server SQL database. Once completed, the contractor shall perform a functional test to ensure the database has been properly migrated. This test shall include but not limited to full system testing and functionality which also includes generating reports for dates prior to this project. The contractor shall provide these test results to FDOT, designating the completion of the project.

3.0 ATMS SUPPORT AND MAINTENANCE AGREEMENT

PAY ITEM: ATMS Base SYSTEM MAINTENNCE AGREEMENT YEAR 1 (EA) PAY ITEM: ATMS Base SYSTEM MAINTENNCE AGREEMENT YEAR 2 (EA) PAY ITEM: ATMS Base SYSTEM MAINTENNCE AGREEMENT YEAR 3 (EA)

The contractor shall provide an ATMS Support and Maintenance Agreement (SMA) for three (3) years for the Cubic-Trafficware ATMS System, covering up to an estimated 1,000 intersections on the new FDOT ATMS Server. The SMA shall also include coverage for any SynchroGreen support and maintenance, up to 40 intersections.