DOT-ITB-23-7006-EG - ITB PACKAGE.pdf

DOT-ITB-23-7006-EG

State of Florida Department of Transportation

INVITATION TO BID

DISTRICT 7 PROCESS SERVER SERVICES

DOT-ITB-23-7006-EG

CONTACT FOR QUESTIONS:

Enrique Garcia Granados, Purchasing Agent III enrique.garcia@dot.state.fl.us

Phone: (813) 975-6156 or (800) 226-7220 x6156 Fax: (813) 975-6473

Florida Department of Transportation Procurement Office, MS 7-700 11201 North McKinley Drive Tampa, Florida 33612-6456

State of Florida Department of Transportation Procurement Office, MS 7-700 11201 North McKinley Drive Tampa, Florida 33612-6456

INVITATION TO BID REGISTRATION

PLEASE COMPLETE AND RETURN THIS FORM ASAP

E-MAIL TO ENRIQUE GARCIA AT ENRIQUE.GARCIA@DOT.STATE.FL.US

Bid number: DOT-ITB-23-7006-EG

Title: District 7 Process Server Services.

Bid due date and time (on or before): See Introduction Section 2, Timeline.

Potential bidders should notify our office by returning this Bid Registration Form as soon as possible after downloading. Complete the information below and email to Enrique Garcia at enrique.garcia@dot.state.fl.us.

THE INVITATION TO BID DOCUMENT YOU RECEIVED IS SUBJECT TO CHANGE.

Notice of changes (Addenda) will be posted on the Florida Vendor Information Portal (VIP) at https://vendor.myfloridamarketplace.com/ (click on “Search Advertisements”) under this bid number. It is the responsibility of all potential bidders to monitor this site for any changing information prior to submitting your bid.

Company Name:

Address:

City, State, Zip:

Telephone: Contact Person:

Internet E-Mail Address:

For further information on this process, e-mail, or telephone: Enrique Garcia, Purchasing Agent at enrique.garcia@dot.state.fl.us or (813) 975-6156 or (800) 226-7220 x6156.

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 award potentially two contracts to provide District 7 process server services. It is anticipated that the term of each contract will begin on February 26, 2023 and be effective for five years 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 (ITB), 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. Notice of changes (Addenda) will be posted on the Florida VIP at https://vendor.myfloridamarketplace.com/ (click on “Search Advertisements”) under this bid number. It is the responsibility of all potential bidders to monitor this site for any changing information prior to submitting your bid.

ACTION / LOCATION DATE LOCAL TIME

DEADLINE FOR TECHNICAL QUESTIONS 09-22-2022 12:00 PM

There is no deadline for administrative questions.

BIDS DUE (ON OR BEFORE) 10-04-2022 09:00 AM

ELECTRONIC SUBMISSIONS OF BIDS – PLEASE SEE NO.3 BELOW

PUBLIC OPENING 10-04-2022 11:00 AM

Florida Department of Transportation Manatee Conference Room 11201 North McKinley Drive Tampa, Florida 33612-6456

POSTING OF INTENDED DECISION/AWARD 10-11-2022 05:00 PM

3) ELECTRONIC SUBMISSION OF BIDS

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 bids will not be evaluated.

a) Subject line must show: DOT-ITB-23-7006-EG – VENDOR’S NAME

b) Email shall contain one file attachment marked as the following: DOT-ITB-23-7006-EG –

VENDOR’S NAME

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 ONLY to: D7.Purch@dot.state.fl.us

It is the bidder’s responsibility to assure that the bid is delivered to the email address above 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.

4) 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 two 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.

5) 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 or fax number provided on the title page at least five 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 (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 (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 Fee imposed shall be based upon the date of issuance of the payment. The Transaction Fee imposed shall be based upon the date of issuance of the payment.

2) FLORIDA DEPARTMENT OF FINANCIAL SERVICES 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 AND ANSWERS

In accordance with section 287.057(23), Florida Statutes (F.S.), 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 ITB 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 VIP at https://vendor.myfloridamarketplace.com/ (click on “Search Advertisements”) under this bid number. It is the responsibility of all potential bidders to monitor this site for any changing information prior to submitting your bid.

WRITTEN TECHNICAL QUESTIONS should be submitted to:

Enrique Garcia at D7-PurchQuestions@dot.state.fl.us

Questions regarding administrative aspects of the bid process should be directed to the Procurement Agent in writing at the address above or by phone: (813) 975-6156 or (800) 226- 7220 extension 6156.

4) ORAL INSTRUCTIONS / CHANGES TO THE ITB (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 VIP at https://vendor.myfloridamarketplace.com/ (click on “Search Advertisements”) under this bid number. It is the responsibility of all potential bidders to monitor this site for any changing information prior to submitting their 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 these contracts to the responsive and responsible bidders that submit the lowest responsive bids. 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), F.S.; Veteran Business Enterprise

2. Section 287.087, F.S.; Drug Free Workplace

3. Section 287.057(11) F.S.; Minority Business Enterprise

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

8) PRE-BID CONFERENCE

A pre-bid conference will not be held.

9) QUALIFICATIONS

9.1 GENERAL

Bidder must meet the following minimum qualifications:

9.1.1 Performed the type of services being requested for a minimum of five years.

9.1.2 Should be up to date on the most current statutes regarding service of process.

9.1.3 Ability to provide what is being requested in the current scope of services.

9.1.4 Office should be close in proximity to the District 7 office in order to pick up summonses and deliver them in a timely manner.

9.2 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, 9.1.2, 9.1.3 and 9.1.4, 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.

9.3 AUTHORIZED TO DO BUSINESS IN THE STATE OF FLORIDA

In accordance with sections 607.1501, 605.0211(2)(b), and 620.9102, F.S., 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 posting of the intended award of the contract. For authorization, contact:

Florida Department of State Tallahassee, Florida 32399

(850) 245-6051

9.4 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

10) WARRANTY/SUBSTITUTIONS

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

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

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

11) LIABILITY INSURANCE

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 (COI) to the Florida Department of Transportation, Procurement Office, MS 7-700, Enrique Garcia, enrique.garcia@dot.state.fl.us, 11201 North McKinley Drive, Tampa, Florida 33612-6456 within 10 days after the ending date of the period for posting the intended award decision.

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 $200,000.00 minimum per person and $300,000.00 minimum each occurrence, and property damage insurance of at least $200,000.00 minimum each occurrence, for the services to be rendered in accordance with 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, 30 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.

12) PERFORMANCE BOND

A performance bond is not required for this project.

13) METHOD OF COMPENSATION

Details of the method of compensation are described in Exhibit "B", Method of Compensation, attached hereto and made a part hereof.

14) CONTRACT DOCUMENT

STANDARD WRITTEN AGREEMENT

The Department’s “Standard Written Agreement” is attached hereto and made a part hereof. The terms and conditions contained therein will become an integral part of the contract resulting from this solicitation. In submitting a bid, the bidder agrees to be legally bound by these terms and conditions.

15) REVIEW OF BIDDER'S FACILITIES AND QUALIFICATIONS

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

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

16) PROTEST OF 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 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), F.S., within 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), F.S., 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, F.S.

17) UNAUTHORIZED ALIENS

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

18) SCRUTINIZED COMPANIES LISTS

ALL Responses, regardless of dollar value, must include a completed Vendor Certification Regarding Scrutinized Companies Lists to certify the respondent is not on either of those lists.

The form should be submitted with the price proposal.

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

Section 287.135, F.S., 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, F.S.

If the Department determines the Vendor submitted a false certification under Section 287.135 of the F.S., 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 F.S. or maintain the contract if the conditions of Section

287.135 of the F.S. are met.

19) RESERVATIONS

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

20) ADDITIONAL TERMS AND CONDITIONS

No conditions may be applied to any aspect of the ITB by the bidder. Any conditions placed on any aspect of the bid documents by the bidder may result in the bid being rejected as a conditional bid (see “RESPONSIVENESS OF BIDS”). DO NOT WRITE IN CHANGES ON ANY ITB SHEET.

The only recognized changes to the ITB prior to bid opening will be a written Addenda issued by the Department.

21) RESPONSIVENESS OF BIDS

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

22) BID SHEET

The bidder must use the attached bid sheet to submit its bid. The bid sheet must be signed and dated in ink by a representative who is authorized to contractually bind the bidder. All bid sheets and other documentation submitted in response to this solicitation must be executed and submitted in accordance with Introduction Section No.3, Electronic Submissions of Bids.

23) ESTIMATED QUANTITIES

The Department anticipates purchasing the estimated quantities shown on the bid sheet, for a one-year period of any contracts 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 contracts will be subject to annual appropriated funding.

24) "DRUG-FREE WORKPLACE" 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), F.S., 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, F.S. The “Drug-Free Workplace Program Certification” must be completed and submitted with the bid response to be eligible for this preference.

25) COPYRIGHTED MATERIAL

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

26) ATTACHMENT TO ITB SUBMITTAL - CONFIDENTIAL MATERIAL

The bidder must include any materials it asserts to be exempted from public disclosure under Chapter 119, F.S., in a separate bound document labeled "Attachment to ITB, Number DOT-ITB- 23-7006-EG - Confidential Material". The bidder must identify the specific statute that authorizes exemption from the Public Records Law. Any claim of confidentiality on materials the bidder asserts to be exempt from public disclosure and placed elsewhere in the bid will be considered waived by the bidder upon submission, effective after opening.

27) MODIFICATIONS, RESUBMITTAL AND WITHDRAWAL

Bidders may modify submitted bids at any time prior to the bid due date. Requests for modification of a submitted bid shall be in writing and must be signed by an authorized signatory of the bidder.

Upon receipt and acceptance of such a request, the entire bid will not be considered unless is resubmitted by the due date and time. Bidders may also send a change in separate email to be opened at the same time as the bid. Bid modification and changes must be submitted in accordance with Introduction Section No.3, Electronic Submissions of Bids.

28) POSTING OF INTENDED DECISION/AWARD

28.1 General:

The Department’s decision will be posted on the Florida VIP at https://vendor.myfloridamarketplace.com/, under this bid number, on the date and time in the Timeline, and will remain posted for a period of 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 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), F.S., within 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 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), F.S., 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, F.S.

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 VIP (see special condition 28.1, above) or by mail, fax, 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 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 Standard Written Agreement executed by both parties.

30) RENEWAL

Upon mutual agreement, the Department and the contract Vendor may renew the contract for a period that may not exceed three 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 “C”, Bid Sheet Minimum Qualifications Statement Drug-Free Workplace Program Certification (Form 375-040-18) Vendor Certification Regarding Scrutinized Companies Lists (Form 375-030-60) MBE Planned Utilization (Form 375-040-24) E-Verify (Form 375-031-06)

32) TERMS AND CONDITIONS

31.1 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 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 ITB:

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

31.2 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 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 ITB:

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

31.3 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:

Special Conditions Exhibit “A”, Scope of Services Exhibit “B”, Method of Compensation Exhibit “C”, Bid Sheet Standard Written Agreement Instructions to Respondents (PUR 1001) General Conditions (PUR 1000) Introduction Section

34) LIQUIDATED DAMAGES

Details of liquidated damages are described in Exhibit “B”, Method of Compensation, attached hereto and made a part hereof.

EXHIBIT “A”

SCOPE OF SERVICES

DISTRICT 7 PROCESS SERVER SERVICES

I. PURPOSE

Provide the following services to the Florida Department of Transportation (FDOT), District 7 Headquarters, located at 11201 North McKinley Drive, Tampa, Florida 33612-6456:

A. Service of process of legal documents along with related services on a statewide and out-of-state basis with the majority of services being within the District 7 area of responsibility (Hillsborough, Pinellas, Pasco, Citrus, and Hernando counties).

B. Legal courier service between the Department and various federal, state, and local government offices and agencies, courthouses, attorneys’ offices, and other destinations within District 7.

C. Legal document retrieval service (certified or not certified, depending on request) from the clerks of the courts, the public records, and government agencies within District 7.

D. Investigative services as required by the Department along with related services on a statewide and out-of-state basis with the majority of services being within the District 7 area of responsibility (Hillsborough, Pinellas, Pasco, Citrus and Hernando counties).

II. DEFINITIONS

A. Service of process: Service of summons, subpoenas, and other legal documents related to litigation matters on persons, organizations, corporations, other entities, and public agencies or bodies.

B. Routine service of process: Document service which must be issued and served within seven calendar days of telephonic or email notification by the Department that the documents are ready for service. The Vendor shall in all cases attempt service within three calendar days from receipt of such service documents.

C. Priority service of process: Document service which must be issued and served within three calendar days (excluding Sundays and State legal holidays) of telephonic or email notification by the Department that the documents are ready for service.

D. Same day service: Picking up and delivering of documents within the same day.

E. Principal address: Address provided by the Department.

F. Secondary addresses: Addresses located by Vendor.

G. Legal courier service: The picking up and delivering of documents to various locations as needed, including the return of picked up documents, if necessary, and providing proof of delivery.

H. Routine courier service: Picking up and delivering of documents within twenty-four hours of notification.

I. Priority (same day) courier service: The picking up of documents within one hour of notification and delivering them within the same day.

J. State legal holidays: New Year’s Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the day after Thanksgiving, and Christmas Day. If any of these holidays fall on a Saturday, the preceding Friday is observed. If any of these holidays fall on a Sunday, the following Monday is observed.

K. Cancellation fee: Cancellation by Department of delivery prior to attempted delivery.

III. SERVICES TO BE PROVIDED BY THE VENDOR

The Vendor shall furnish all labor, materials, equipment, and transportation required to perform the following services:

A. Service of process

Provide service of process of legal documents on a routine, priority, and same day basis as notified by telephone or email of the need for such services.

1. The Vendor shall pick up documents from the Department at 11201 North McKinley Drive, Tampa, Florida, within 24 hours (excluding Saturday, Sunday, and State legal holidays) of notification that such documents are ready for service.

2. The Vendor shall complete service of process within the time frame specified by the Contract Manager. Service of trial subpoenas or deposition subpoenas which cannot be rescheduled due to pending trial dockets take precedence over documents which have more time for service.

3. Provide the return (or proof) of service on the form provided in Attachment I, within three calendar days from the date of service.

4. Affidavit of service shall be filed with the clerk of the court or emailed to the Department within three calendar days of service.

5. Issue advance checks to witnesses for payment of witness fees in the amount of $5.00 plus $.06 per mile. The mileage shall be calculated from the address where the witness is served to the location the witness is subpoenaed to appear at. The Vendor shall provide the Department a photographic copy of each check issued. This may be a copy of the original or carbon copy of the check as long as the photographic copy is legible.

6. Conduct research and locator services as requested by the Department.

7. Attempted Service: The Vendor shall attempt service a minimum of three times prior to returning the documents to the Department as non-served or not found. After the first attempt, each subsequent attempt must be a minimum of four hours apart. If unable to serve process, the Vendor shall contact the Contract Manager within one hour of the third attempt for additional instructions.

7. Invalid street address: When service cannot be completed at the principal address provided by the Department, the Vendor shall attempt to locate and serve at secondary addresses. If the Vendor is unsuccessful, the process shall be returned as non-served. However, if adequate time remains to extend locate and service efforts, the Vendor shall contact the Contract Manager for additional instructions. The Vendor shall complete the Affidavit of Service Addresses provided in Attachment II for all service attempts.

8. Requests to cancel service: The Department will notify the Vendor as soon as possible in the event it desires to discontinue service efforts. The Vendor shall make every effort to recall the service prior to the initial service attempt.

Service which has been attempted will be paid at the regular contract amount. Service which is canceled before a service attempt is made will be paid at the contract rate for cancellation charges.

B. Legal courier service between the Department and other government and private offices

1. The Vendor shall, upon request, provide legal courier service between the Departments’ Office of the General Counsel, in the district headquarters building, and any of the following locations within Hillsborough, Pinellas, Pasco, Citrus, and Hernando counties, county courthouses and offices located therein, other federal, state, county, and local government offices and agencies, law firms and attorneys’ offices, and local businesses on a routine or priority basis. The Vendor shall also provide legal courier service statewide (other than the above counties). It is anticipated that service outside of the above five county area will rarely be required.

2. File/issue papers and documents at the applicable county courthouse (Hillsborough, Pinellas, Pasco, Citrus, and Hernando counties) as requested by the Department on a routine or priority basis as specified by the Department. Examples include, but are not limited to, initial filing of lawsuits, issuance of summonses and subpoenas, and delivery of publication notices.

3. The Vendor shall perform legal courier service as required by the Department on a priority or routine basis as notified by telephone or email of the need for such service. Priority courier service requests shall be picked up within one hour of notification and delivered immediately per instructions of the Contract Manager. Routine courier service requests shall be picked up and delivered within 24 hours of notification.

4. The Vendor shall provide written proof of delivery of such documents on a form acceptable to the Department within three business days of delivery.

Verbal verification of delivery will not be accepted.

C. Document retrieval service

1. The Vendor, at the request of the Department, shall provide a document retrieval service between county and federal courthouses and the Department. The Department will describe to the Vendor what legal documents (whether from court files or the public records) are needed, where they are located, and whether they need to be certified. Vendor shall not certify documents unless specifically requested by the Department.

2. The Vendor shall perform the document retrieval service above described as requested by the Contract Manager within 24 hours of telephonic or email notification of the need for such service unless the Contract Manager extends the time in writing.

D. Investigative services

The Vendor, at the request of the Department, shall provide investigative services for the Department. The Vendor is authorized to provide these services with existing staff or to subcontract these services. These services shall be performed at an hourly rate as stated in this contract. All expenses incurred shall be approved in advance by the Department’s District Chief

Counsel in writing. The Vendor shall begin the services at a time agreed upon by the Vendor and the attorney requesting the service and will end at the direction of the requesting attorney or other legal staff member.

IV. LICENSES AND CERTIFICATIONS

The Vendor must be authorized to conduct business in the State of Florida and possess all licenses required by State of Florida and local governments to perform the work required herein. All licenses shall be current. Vendor employees who will be serving process shall have and maintain proper certification as a process server in each county within District 7 (Hillsborough, Pinellas, Pasco, Citrus and Hernando). Vendor should have an established network of licensed process servers to serve throughout the United States.

V. DEPARTMENT RESPONSIBILITIES

The Department shall provide a Contract Manager for administering the terms and conditions of the contract. The Contract Manager will be Darlene Bell, Florida Department of Transportation, MS 7-120, 11201 North McKinley Drive, Tampa, Florida 33612-6456, email address: Darlene.Bell@dot.state.fl.us. The Department reserves the right to change the Contract Manager.

VI. BEGINNING AND LENGTH OF SERVICE

The period of performance of this contract will be from February 26, 2023, to February 25, 2028.

VII. TERMINATION ACTION

Reference is made to Paragraph 6 of the Standard Written Agreement. Any necessary default action will be processed in accordance with Department of Management Services Rule 60A-1.006(3).

ATTACHMENT I

PROCESS SERVER SERVICES

Return (or proof) of service form. This form should have the following information.

Court

County

Case #

Court Date and Time

Plaintiff and Defendant

Florida Department of Transportation 11201 N. McKinley Drive Tampa, FL 33612 Attorney’s Name

What type of process: Summons or Subpoena

Who the process was served upon or if it was a non-serve

When (date and time) process was received and when and to whom it was given to in what city and county

Comments: If applicable

Signed by the appointed process server:

ATTACHMENT II

COUNTIES BY ZONE

ZONE 1 ZONE 2 ZONE 3 ZONE 4 ZONE 5 ZONE 6

Bay Alachua Brevard Charlotte Broward Dade Calhoun Baker Flagler Collier Indian River Monroe Escambia Bradford Lake DeSoto Martin Franklin Clay Marion Glades Palm Beach Gadsden Columbia Orange Hardee St. Lucie Gulf Dixie Osceola Hendry Holmes Duval Seminole Highlands Jackson Gilchrist Sumter Lee Jefferson Hamilton Volusia Manatee Leon Lafayette Okeechobee Liberty Levy Polk Okaloosa Madison Sarasota Santa Rosa Nassau Wakulla Putnam Walton St. Johns Washington Suwannee

Taylor Union

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EXHIBIT “B”

METHOD OF COMPENSATION

DISTRICT 7 PROCESS SERVER SERVICES

I. PURPOSE

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

II. ASSIGNMENT OF WORK

The Department will request Vendor services on an as-needed basis. Services to be provided under each request will be initiated and completed as directed by the Contract Manager by telephonic or email notification. A Letter of Authorization (LOA) will be issued for each project scheduled.

The Vendor shall monitor each request and notify the Contract Manager when work has been performed that equals 80% of the maximum amount of the LOA.

In no event will the Vendor perform work that will exceed that amount.

III. COMPENSATION

There is no budgetary ceiling; funds will be encumbered for each LOA.

This is a term contract for an indefinite quantity whereby the Vendor agrees to furnish services during a prescribed period of time. The specific period of time completes such a contract. The Department will authorize services based on need and availability of budget. Execution of this contract does not guarantee that the work will be authorized.

IV. ESTABLISHMENT OF LOA AMOUNT

For each LOA the Vendor, following the scope of services as set forth in Exhibit "A", shall prepare an estimate of work and price based on the rates established in Exhibit "C", and allowable expenses. Once an acceptable maximum amount has been agreed upon by the Vendor and the Contract Manager, a LOA shall be issued by the Contract Manager. The Contract Manager shall obtain fund approval for each authorization by an approved encumbrance prior to issuing the LOA. All work authorizations shall be completed within the term of this Contract.

V. PROGRESS PAYMENTS

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The Vendor shall submit monthly invoices in a format acceptable to the Department. For the satisfactory performance of the services detailed in each LOA, the Vendor shall be paid up to the maximum amount of each LOA. Payment shall be made for the services provided, at the unit billing rates specified in Exhibit “C”, as approved by the Department. The contract billing rates shall include the costs of salaries, overhead, fringe benefits, operating margin, travel, labor, materials, equipment, incidental expenses, and subcontractor costs, if any.

Payment for expenses shall be made on the basis of actual allowable cost incurred as authorized and approved by the Department. Allowable costs should be task related and not include items normally associated with overhead which is part of the billable rates. Invoice shall include documentation of services provided and itemization of costs incurred (including receipts). Bills for travel expenses authorized by the terms of this contract and the Contract Manager shall be submitted in accordance with Section 112.061, Florida Statutes.

Invoices shall be submitted:

Florida Department of Transportation Office of the General Counsel Attention: Darlene Bell 11201 North McKinley Drive, MS 7-120 Tampa, Florida 33612-6456

The Vendor has certified that ____% Minority Business Enterprise (MBE) utilization would be achieved for this contract. If MBE utilization was certified by the Vendor, an MBE payment certification form shall be submitted with each invoice to verify the MBE utilization.

VI. DETAILS OF UNIT RATES

Details of unit rates for the performance of the Vendor’s services set forth in Exhibit "A" are contained in Exhibit "C", attached hereto, and made a part hereof.

VII. LIQUIDATED DAMAGES

The Vendor acknowledges that failure to complete the services by the completion date designated on the contract document may cause the Department to incur damages that, at present are, and upon the occurrence of the failure to timely complete the services may be, difficult to determine. Moreover, the Parties wish to avoid lengthy and expensive litigation relating to failure to complete the services on time. Therefore, in the event the Vendor fails to complete the authorized services by the completion date designated on the contract document, the Department shall exercise the remedy of liquidated damages against the Vendor, in the amount of $100.00 per day for each calendar day after the designated

B-3 completion date that the Vendor fails to complete the services. The parties agree that if the Vendor is allowed to continue and finish the services, or any part of it, after expiration of the time allowed, the Department’s action shall in no way act as a waiver of liquidated damages due under this contract. The Department and Vendor agree that the calculation of liquidated damages is fair and reasonable and not a penalty for breach of contract.

VIII. FINANCIAL CONSEQUENCES

Reference is made to Standard Written Agreement, Section 3., Compensation and Payment.

IX. TANGIBLE PERSONAL PROPERTY

This contract does not involve the purchase of Tangible Personal Property, as defined in Section 273.02, Florida Statutes.

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EXHIBIT C

BID SHEET

DISTRICT 7 PROCESS SERVER SERVICES

SERVICES TO BE PROVIDED AS SPECIFIED IN

EXHIBIT “A”, SCOPE OF SERVICES

ITEM

NO. TYPE OF SERVICE

ESTIMATED

QUANTITIES

(A)

UNIT OF

MEAUSURE

UNIT

RATE

(B)

TOTAL

(AxB)

A. ROUTINE SERVICE OF PROCESS

001 Hillsborough County 80 EACH $ $

002 Pinellas County 40 EACH $ $

003 Pasco County 40 EACH $ $

004 Hernando County 20 EACH $ $

005 Citrus County 10 EACH $ $

**Statewide (other than above counties, as specified in Attachment II – Counties by Zones)**

006 Zone 1 10 EACH $ $

007 Zone 2 10 EACH $ $

008 Zone 3 10 EACH $ $

009 Zone 4 10 EACH $ $

010 Zone 5 10 EACH $ $

011 Zone 6 2 EACH $ $

**Out of State**

012 Out of State 1 EACH $ $

B. PRIORITY SERVICE OF PROCESS

013 Hillsborough County 60 EACH $ $

014 Pinellas County 30 EACH $ $

015 Pasco County 30 EACH $ $

016 Hernando County 15 EACH $ $

017 Citrus County 10 EACH $ $

**Statewide (other than above counties, as specified in Attachment II – Counties by Zones)**

018 Zone 1 10 EACH $ $

019 Zone 2 10 EACH $ $

020 Zone 3 10 EACH $ $

021 Zone 4 10 EACH $ $

022 Zone 5 10 EACH $ $

023 Zone 6 2 EACH $ $

**Out of State**

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024 Out of State 2 EACH $ $

C. SAME DAY SERVICE OF PROCESS

025 Hillsborough County 60 EACH $ $

026 Pinellas County 30 EACH $ $

027 Pasco County 15 EACH $ $

028 Hernando County 7 EACH $ $

029 Citrus County 3 EACH $ $

**Statewide (other than above counties, as specified in Attachment II – Counties by Zones)**

030 Zone 1 10 EACH $ $

031 Zone 2 10 EACH $ $

032 Zone 3 10 EACH $ $

033 Zone 4 10 EACH $ $

034 Zone 5 10 EACH $ $

035 Zone 6 2 EACH $ $

**Out of State**

036 Out of State 2 EACH $ $

D. ROUTINE LEGAL COURIER SERVICE

037 Hillsborough County 20 TRIP $ $

038 Pinellas County 10 TRIP $ $

039 Pasco County 10 TRIP $ $

040 Hernando County 5 TRIP $ $

041 Citrus County 5 TRIP $ $

**Statewide (other than above counties, as specified in Attachment II – Counties by Zones)**

042 Zone 1 10 TRIP $ $

043 Zone 2 10 TRIP $ $

044 Zone 3 10 TRIP $ $

045 Zone 4 10 TRIP $ $

046 Zone 5…