DOT-ITB-24-2001-BW.pdf

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Attached to
District-Wide Asbestos Surveys, Air Monitoring And Abatement Supervision
Solicitation number
ITB-05907
Issued by
Collier County, Florida

About this file

This document is an Invitation to Bid issued by the State of Florida Department of Transportation (FDOT) for District-Wide Asbestos Surveys, Air Monitoring and Abatement Supervision services. FDOT is seeking bids from qualified vendors to establish a contract to provide these services, which include inspecting, sampling, and analyzing buildings for asbestos-containing materials, preparing asbestos surveys and reports, developing abatement specifications and work plans, and performing air monitoring and supervision of asbestos abatement and wet demolition activities. The contract term is anticipated to be 12 months, with potential renewal options. Bids are due by 2:00 PM local time on July 31, 2023, and will be publicly opened at 2:30 PM the same day. The contract will be awarded to the responsive and responsible bidder submitting the lowest bid.

The bid allows for unit pricing on the required services, with pricing to include all consultant expenses and costs. FDOT has provided a Bid Blank form for bidders to submit their prices. There are no set-asides or incumbent contractors identified. Funding for this contract will come from FDOT's budget, and the contract will be subject to annual appropriated funding. Liquidated damages may be assessed for failure to meet specified delivery deadlines.

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ITBSHELL.SERVICES 2/1/2021

State of Florida Department of Transportation

INVITATION TO BID

District-Wide Asbestos Surveys, Air Monitoring And Abatement Supervision

DOT-ITB-24-2001-BW

CONTACT FOR QUESTIONS:

Brittany Whiddon, Procurement Agent brittany.whiddon@dot.state.fl.us

Phone: 386-758-3798 1109 South Marion Avenue

Lake City, Florida 32025-5878

State of Florida Department of Transportation

District Two Procurement Office 1109 South Marion Avenue

Lake City, Florida 32025-5874

INVITATION TO BID REGISTRATION

PLEASE COMPLETE AND RETURN THIS FORM ASAP

E-MAIL TO Brittany.Whiddon@dot.state.fl.us

Bid Number: DOT-ITB-24-2001-BW

Title: District-Wide Asbestos Surveys, Air Monitoring and Abatement Supervision

Bid Due Date & Time (On or Before): Please see 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 e-mail to Brittany.Whiddon@dot.state.fl.us

THE INVITATION TO BID DOCUMENT YOU RECEIVED IS SUBJECT TO

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

Company Name:

Address:

City, State, Zip:

Telephone: ( ) Contact Person:

Internet E-Mail Address: __________________________________________________

For further information on this process, e-mail or telephone: Brittany Whiddon, 386-758-3798, Brittany.Whiddon@dot.state.fl.us

DOT-ITB-24-2001-BW

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. ________________________________________________________________________________________

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 District-Wide Asbestos Surveys, Air Monitoring and Abatement Supervision as per Exhibit A – Scope of Services. It is anticipated that the term of the contract will begin on or about (the date of execution) and be effective for (12) 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 Information portal at https://vendor.myfloridamarketplace.com/ (click on “Search Advertisements”) under this bid number. It is the responsibility of all potential bidders to monitor this site for any changing information prior to submitting your bid.

ACTION / LOCATION DATE LOCAL TIME

DEADLINE FOR TECHNICAL QUESTIONS - 07-19-2023 5:00 PM

There is no deadline for administrative questions.

BIDS DUE (ON OR BEFORE) - 07-31-2023 2:00 PM

Please submit bids to:

D2.Purch@dot.state.fl.us

PUBLIC OPENING - 07-31-2023 2:30 PM

FDOT District Two Procurement Office 1109 South Marion Avenue Lake City, Florida 32025-5878

POSTING OF INTENDED DECISION/AWARD - 08-3-2023

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 Information portal at https://vendor.myfloridamarketplace.com/ (“Search Advertisements”), under this bid number. It is the responsibility of all potential bidders to monitor this site for any changing information prior to submitting their bid.

WRITTEN TECHNICAL QUESTIONS should be submitted to:

Brittany Whiddon, Procurement Officer

Brittany.whiddon@dot.state.fl.us Phone: (386) 758-3798

1109 South Marion Avenue Lake City, Florida 32025-5874

Questions regarding administrative aspects of the bid process should be directed to the Procurement Agent in writing at the address above or by phone

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

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

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

5) DIVERSITY ACHIEVEMENT

DISADVANTAGED BUSINESS ENTERPRISE (DBE) 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 DBE firms to compete for Department contractual services projects, and also encourages non-DBE and other minority contractors to use DBE firms as sub-contractors. The Department, its contractors, suppliers, and consultants shall take all necessary and reasonable steps to ensure that disadvantaged businesses have an opportunity to compete for and perform contract work for the Department in a nondiscriminatory environment. The Department shall require its contractors, suppliers, and consultants to not discriminate on the basis of race, color, national origin, religion, gender, age, or disability in the award and performance of its contracts.

Federal law requires states to maintain a database of all firms that are participating or attempting to participate in DOT-assisted contracts. To assist the Department in this endeavor, bidders are requested to submit the Bidder’s Opportunity List with their Bid Sheet. The list should include yourself as well as any prospective sub-contractor that you contacted or who has contacted you regarding the project.

Bidders are requested to indicate their intention regarding DBE participation on the Anticipated DBE Participation Statement and to submit that Statement with their Bid Sheet. After award of the contract resulting from this bid, the awarded Vendor will need to complete the “Anticipated DBE Participation Statement” online through the Equal Opportunity Compliance (EOC) system within 3 business days after award of the contract. The link to access the EOC system is:

https://www3.dot.state.fl.us/EqualOpportunityCompliance. This will assist the Department in tracking and reporting planned or estimated DBE utilization.

During the contract period, the Vendor will be required to report actual payments to DBE and MBE subcontractors through the web-based EOC system. All DBE payments must be reported whether or not you initially planned to utilize the company. In order for our race neutral DBE Program to be successful, your cooperation is imperative. If you have any questions, please contact EOOHelp@dot.state.fl.us .

Additional information about the EOC system can be found on the Equal Opportunity Office (EOO) website at http://www.dot.state.fl.us/equalopportunityoffice/eoc.shtm . A help manual on how to use the system will be available within the EOC application. If you have any questions or technical issues, please contact the EOO help desk at EOOHelp@dot.state.fl.us .

To request certification or to locate DBEs, call the Department of Transportation’s Equal Opportunity Office at

(850) 414-4747, or access an application or listing of DBEs on the Internet at www.dot.state.fl.us/equalopportunityoffice/ .

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) 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 Been actively engaged in the type of business being requested for a minimum of five (5) of the last seven (7) years.

9.1.2 Please see Exhibit A – Scope of Services for any additional qualifications.

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, 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, Florida Statutes, out of state corporations, out of state limited liability companies, and out of state limited partnerships must be authorized to do business in the State of Florida. Such authorization should be obtained by the bid due date and time, but in any case, must be obtained prior to the award of the contract. For authorization, contact:

Florida Department of State Tallahassee, Florida 32399

(850) 245-6051

9.4 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 ninety (90) days from the date of acceptance by the purchaser. Any deviation from this criterion must be documented in the bid response or the above statement shall prevail. Delivery of substitute commodities requires prior written approval from the ordering location.

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

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

11) LIABILITY INSURANCE

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, (Brittany Whiddon, 1109 South Marion Avenue, MS2015, Lake City, Florida 32025-5874) within ten (10) days after the ending date of the period for posting the intended award decision.

(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.

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.

12) PERFORMANCE BOND

A Performance Bond is not required for this project.

13) METHOD OF COMPENSATION

Please see Exhibit C – Method of Compensation

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 & QUALIFICATIONS

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

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

16) PROTEST OF INVITATION TO BID SPECIFICATIONS

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

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

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

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

17) UNAUTHORIZED ALIENS

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

18) SCRUTINIZED COMPANIES LISTS

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

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

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

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

19) RESERVATIONS

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

20) ADDITIONAL TERMS & CONDITIONS

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

21) RESPONSIVENESS OF BIDS

Bids may not be considered if not received by the Department on or before the date and time specified as the due date for submission. All bids must be typed or printed in ink. A responsive bid is an offer to provide the services specified in this Invitation to Bid in accordance with all requirements of this Invitation to Bid.

Bids found to be non-responsive will not be considered. Bids may be rejected if found to be irregular or not in conformance with the requirements and instructions herein contained. A bid may be found to be irregular or non-responsive by reasons that include, but are not limited to, failure to utilize or complete prescribed forms, modifying the bid requirements, submitting conditional bids or incomplete bids, submitting indefinite or ambiguous bids, or executing forms or the bid sheet with improper and/or undated signatures. Other conditions which may cause rejection of bids include, evidence of collusion among bidders, obvious lack of experience or expertise to provide the required services, and failure to perform or meet financial obligations on previous contracts. ALL determinations of responsiveness will be the responsibility of the FDOT Procurement Office.

22) BID SHEET

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

23) ESTIMATED QUANTITIES

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

24) "DRUG-FREE WORK PLACE" PREFERENCE

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

25) COPYRIGHTED MATERIAL

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

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

26) ATTACHMENT TO ITB SUBMITTAL - CONFIDENTIAL MATERIAL

The Bidder must include any materials it asserts to be exempted from public disclosure under Chapter 119, Florida Statutes, in a separate bound document labeled "Attachment to Invitation to Bid, Number DOT-ITB- 24-2001-BW - Confidential Material". The Bidder must identify the specific Statute that authorizes exemption from the Public Records Law. Any claim of confidentiality on materials the Bidder asserts to be exempt from public disclosure and placed elsewhere in the bid will be considered waived by the Bidder upon submission, effective after opening.

27) ELECTRONIC SUBMISSION OF PROPOSALS:

Electronic Bid Submittals

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

a) Subject line must show: DOT-ITB-24-2001-BW

b) Email shall contain one file attachment marked as the following: DOT-ITB-24-2001-BW 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: D2.Purch@dot.state.fl.us

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

28) MODIFICATIONS, RESUBMITTAL AND WITHDRAWAL

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

29) POSTING OF INTENDED DECISION/AWARD

29.1 - General:

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

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

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

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

29.2 - Inability to Post:

If the Department is unable to post as defined above, the Department will notify all bidders by electronic notification on the Florida Vendor Information portal (see special condition 29.1, above) and/or telephone.

The Department will provide notification of any future posting in a timely manner.

29.3 - Request to Withdraw Bid:

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

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

30) AWARD OF THE CONTRACT

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

A Standard Written Agreement executed by both parties, and a written Notice to Proceed, issued by the Project Manager.

31) RENEWAL

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

32) ATTACHED FORMS

Exhibit A – Scope of Services Exhibit B - Bid Blank Exhibit C – Method of Compensation Minimum Qualifications Statement Drug-Free Workplace Program Certification (Form 375-040-18) Vendor Certification Regarding Scrutinized Companies Lists (Form 375-030-60) DBE Participation Statement Bid Opportunity List E-Verify Form

33) TERMS AND CONDITIONS

33.1 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.

33.2 General Instructions to Respondents (PUR 1001)

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

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

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

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

33.3 MFMP Purchase Order Terms and Conditions

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

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.

34) ORDER OF PRECEDENCE

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

Special Conditions Scope of Services Bid Sheet Standard Written Agreement Instructions to Respondents (PUR 1001) General Conditions (PUR 1000) Introduction Section

35) 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 accordance with Exhibit A - Scope of Services. The Parties agree that if the Department allows the Vendor to continue and finish the services, or any part of it, after the expiration of the time allowed, that the Department’s action shall in no way act as a waiver on the part of the Department of the liquidated damages due under this contract. The Vendor shall pay said sum to the Department not as a penalty, but as liquidated damages.

36) FORMS TO BE SUBMITTED

The Bidder must complete all required items below and submit them as part of the Bid package. Any Bid in which these forms are not used or in which these forms are improperly executed may be considered nonresponsive and the bid may be subject to rejection.

Bid Sheet Minimum Qualification Statement Drug-Free Workplace Program Certification (if applicable) Vendor Certification Regarding Scrutinized Companies Lists (if applicable) DBE Participation Statement (if applicable) Bid Opportunity List (if applicable) Addenda, if applicable

BID CHECKLIST

(DOES NOT NEED TO BE RETURNED WITH YOUR BID)

This Checklist is provided as a guideline, only, to assist bidders in the preparation of their bid response.

Included are some important matters that the bidder should check. This checklist is just a guideline, and is not intended to include all matters required by the ITB. Bidders are responsible to read and comply with the ITB in its entirety.

Check off each the following:

____ 1. The “Bid Sheet” has been filled out completely, signed, and enclosed in the bid response.

____ 2. The Federal Employers Identification Number or Social Security Number has been entered in the space provided.

____ 3. “Drug-Free Workplace Program Certification” form has been read, signed, and enclosed in the bid response, if applicable.

____ 4. “Scrutinized Companies Lists” certification form has been read, signed, and enclosed in the bid response.

____ 5. The Scope of Services section has been thoroughly reviewed for compliance to the bid requirements.

____ 6. The prices bid have been reviewed for accuracy and all price corrections have been initialed in ink.

____ 7. The https://vendor.myfloridamarketplace.com/ website has been checked and any Addendums posted have been completed, signed, and included in the bid response.

____ 8. The bid response must be received, at the location specified, on or before the Bid Due Date and Time designated in the ITB.

____ 9. Electronic Submission of Proposal guidelines laid out in Special Condition 27 are strictly followed.

Exhibit A, Page 1 of 11

EXHIBIT "A”

SCOPE OF WORK

DISTRICT-WIDE ASBESTOS SURVEY, AIR MONITORING

AND ABATEMENT SUPERVISION

1.0 Introduction

The Florida Department of Transportation (Department) requires a Contract to provide Asbestos Consultant Services for any and all asbestos containing material, on parcels owned or to be acquired by the Department. The Asbestos Consultant (Consultant) shall provide the Department services listed below on an as needed basis:

Inspecting, sampling, and securing analysis of samples;

Preparing asbestos surveys and reports;

Preparing Operations and Maintenance (O&M) plans when requested;

Developing master abatement specifications and parcel-specific abatement work plans;

Performing air monitoring for abatement and wet demolition activities;

Supervising asbestos abatement and wet demolition activities.

The Consultant’s asbestos survey and related activities shall identify and address any Asbestos Containing Material (ACM) on parcels acquired or to be acquired by the Department on assignments within the following specified counties:

Alachua, Baker, Bradford, Columbia, Clay, Duval, Dixie, Gilchrist, Madison, Lafayette, Levy, Taylor, Suwannee, Hamilton, Putnam, Union, Nassau, and St. Johns.

The majority of the structures on the parcels will be scheduled for demolition. In preparation for demolition, the Consultant shall survey the parcels for the presence or absence of ACM and shall document and certify to the Department the findings in an asbestos survey report. Parcel-specific asbestos abatement specifications shall be developed, when any abatement is required, and shall include specifications for abatement of all ACM identified on the parcel, and be of sufficient detail for use as the Scope of Work for an independent asbestos abatement Contract.

The Consultant shall, continuously, maintain a reliable means of telephone communication so that the Department may discuss any services needed as set forth under this scope of work. Consultant shall return any call, from the Department, within the same business workday.

Business workday shall mean the Monday through Friday, from 8:00 am to 5:00 pm, excluding state recognized holidays (see subsection 110.117(1), Florida Statutes) and Governor-declared office closures and/or Department-required office closures.

The Consultant understands and agrees that the award of this Contract does not necessarily grant the right to perform any specific work. This Contract is a non-exclusive agreement for services on an as-needed basis and, in the event the Department determines it to be in the Department's best interest, any and all work defined in this Contract, may be Contracted by the Department with other Consultants.

Exhibit A, Page 2 of 11

2.0 Department Responsibilities

The Department shall provide a Project Manager to assist the Consultant with all services to be provided under this Contract. Should there be any changes to the Project Manager, the Department shall provide updated contact information.

Project Manager: Julie Bassett Phone Number: 386-961-7476 Address: Florida Department of Transportation

1109 South Marion Avenue, Lake City, Florida 32025-5874 E-mail: Julie.bassett@dot.state.fl.us

All work performed for any project shall be coordinated through the Project Manager. All authorizations and approvals shall be in writing and executed by the Project Manager prior to commencement of any work.

The Department will provide the Consultant with any available information relating to structures.

The Department also will provide the Consultant with site access for each structure to be surveyed.

The Department does not warrant the accuracy or correctness of any of the information and is not responsible for any discrepancies in the information.

2.1 Consultant Responsibility to Obtain Approval to Commence Work

The Consultant understands that no work may be performed under this Contract without the prior written approval of the Department. This will be in the form of a Notice to Proceed for each Letter of Authorization (LOA).

The failure to acquire prior written authorization is grounds for the immediate termination of this Contract. Any failure by Consultant to acquire Project Manager’s prior written authorization, shall be sufficient for Department to deny compensation to the Consultant for services performed under this Contract without prior written authorization.

2.2 Consultant Responsibility to review and verify Department information

The Consultant shall verify the accuracy of the information as relates to any structures provided by the Department. Any discrepancies in information must be reported to the Project Manager prior to the start of any work.

3.0 Standards

3.1 Minimum Qualifications: Vendor must have been actively engaged in the type of business being requested for a minimum of five years (of the last seven). Vendor must be a Florida Asbestos Business licensed under the provisions of Chapter 469, Florida Statutes. Vendor must have an Asbestos Consultant on staff licensed under the provisions of Chapter 469, Florida Statutes. Inspector/Surveyors/Management Planners on Vendor’s staff must have current certification of accreditation.

3.2 The Consultant shall be familiar with in all applicable local, state, and federal laws, rules, regulations and guidelines including, but not limited to, OSHA and all environmental laws (“Governmental Law”) at the time the Consultant performs any work or provides any services under this Contract. All Consultant services shall be conducted in accordance with Governmental Law and under the direction of a Licensed Asbestos Consultant (LAC) in accordance with Chapter 469, F.S. The LAC providing surveys and developing abatement specifications shall be a full-time employee of the Consultant. Upon request by the

Exhibit A, Page 3 of 11

Department, the Consultant shall provide copies of any and all licenses and certify, in writing, all Consultant services comply with Governmental Law.

The Consultant shall indemnify, defend and hold the Department harmless for any violation of Governmental Law caused by or resulting from Consultant’s performance or breach of this Contract (“Liabilities”). The Consultant shall promptly defend, indemnify, hold the Department harmless from and pay all demands, claims, judgments, liabilities, damages, fines, fees, taxes, assessments, costs, losses, penalties, construction delay costs / penalties, expenses, attorneys’ fees and suits, of any nature or kind whatsoever, caused by or resulting from Liabilities.

3.3 Consultant shall, at its sole cost and expense, obtain all necessary local, state, and federal permits and licenses to perform the services listed in this Agreement, including permits for sampling, collection, storage, transportation, recycling, and disposal of all materials. All permits and registrations, as required for this Agreement, will be obtained by the Consultant and maintained for the duration of the Agreement. Paper and electronic copies of all permits and licenses shall be available to the Department, state, or their authorized representatives, upon request.

3.4 When directed, (i.e., to do non-destructive sampling of occupied structures) the Consultant shall preserve from damage (as much as possible, beyond minimal sampling and in inconspicuous areas, if possible) any and all property associated with, or in the vicinity of, or in any way affected by the Consultant’s performance under this Agreement.

Any functional integrity damage (for example, but not limited to, causing the roof to leak), occurring to such structures, as the result of the Consultant’s performance, shall be immediately repaired at the Consultant’s sole cost and expense.

If Consultant does not repair the property within a reasonable time, within the sole discretion of the Department, the Department may repair the property damage. Should the Department elect to repair the property damage, then the Department shall provide the Consultant with an invoice for any, and all costs, incurred by the Department, to correct the damage, and the Consultant shall pay the invoice.

All Department invoices, submitted to Consultant for payment, pursuant to the terms and provisions of this Agreement, are due and payable within thirty (30) days of the date of the invoice (“Due Date”). Any portion of an invoice, not received by the Department, by the Due Date, shall immediately, thereafter, begin accruing interest at a rate of interest established pursuant to §55.03, Florida Statutes, until paid in full.

4.0 Equipment and Labor

The Consultant shall provide all equipment and labor required to provide the services described in this Scope of Services.

The unit price under Exhibit “B” for each item shall include all Consultant expenses and costs to provide services under the terms of this Agreement. Expenses and costs include, without limitation:

overhead, equipment, transport, analytical, disposal, data/report generation, general and administrative costs, incidental expenses, operating margin, travel expenses, and any and all costs generated by or related to any subcontractor.

Exhibit A, Page 4 of 11

5.0 Emergency Notifications

If the Consultant discovers any situation, which could cause a danger to health, or safety, and requires immediate action, the Consultant shall notify the Department's Project Manager immediately. Emergency response shall be initiated by the Consultant, within twenty-four (24) hours of the Project Manager’s written authorization.

The Department may require the Consultant to develop and implement an Operations and Maintenance (O&M) Emergency Site Plan to secure the structure. Should the Department require an O&M, it shall provide its request in writing and the Consultant shall begin work immediately upon receipt of the same.

O&M Emergency Site Plan work may include, but is not limited to, the prevention of unauthorized entry into the structure by locking, bolting, screwing or nailing windows and/or doors, and boarding as necessary to secure damaged openings.

6.0 Asbestos Inspection and Survey Report

6.1 The Consultant shall prepare a Building Asbestos Survey (Survey), sampling and analysis, inspection and survey report.

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