DOT-ITB-24-8026-MB - Adv Package.pdf

FLORIDA DEPARTMENT OF TRANSPORTATION

INVITATION TO BID

DOT-ITB-24-8026-MB

BUILDING CODE PERMITTING SERVICES

FOR

TOLL EQUIPMENT BUILDINGS TURNPIKE WIDE

FPID: Various

Indefinite Quantities Contract

State of Florida

Department of Transportation

Florida’s Turnpike Enterprise Contractual Services Office

Mile Post 263, Building 5315, Ocoee, FL 34761

INVITATION TO BID REGISTRATION

PLEASE COMPLETE AND RETURN THIS FORM ASAP

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

Bid Number: DOT-ITB-24-8026-MB

Title: Building Code Permitting Services for Toll Equipment Buildings Turnpike Wide

Bids Due: Tuesday, April 2, 2024, at 2:30 pm ET

Prospective Bidders should complete and return this Registration Form as soon as possible after downloading.

Complete the information below and e-mail to Marlene Barnes at TP.Purch@dot.state.fl.us.

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

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

ITB number.

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

Company Name:

Address:

City, State, Zip:

Telephone:

Contact Person:

E-Mail Address:

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

DOT-ITB-24-8026-DM

ITB-1

State of Florida

Department of Transportation

INVITATION TO BID

INDEFINITE QUANTITIES CONTRACT

Contact for Questions:

Marlene Barnes, Procurement Officer

TP.Purch@dot.state.fl.us

ITB-2

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

1) INVITATION

Pursuant to this Invitation to Bid (“Invitation to Bid” or “ITB”), the State of Florida Department of Transportation, Florida’s Turnpike Enterprise (Department), is soliciting written Bids from qualified Bidders to establish a Contract for the provision of all labor, materials, equipment, and incidentals necessary to perform building code permitting services for toll equipment buildings Turnpike Wide. The Department intends to contract with the two (2) responsive and responsible Bidders who submit the lowest responsive Bids.

It is anticipated that an initial term of the Contract will begin on May 25, 2024, and shall continue for a period of four

(4) years thereafter.

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

“Bid” means the total response submitted by a Bidder to this ITB, including all required forms and supporting documentation. The term “Vendor” means the Bidder that is awarded the Contract pursuant to this ITB. The term

“Contract” means the agreement that results from this ITB, if any, between the Department and the Vendor.

2) TIMELINE

The anticipated timeline of events (“Timeline”) for this ITB is provided below. The dates and times within the Timeline are subject to change. Notices of changes (“Addenda”) will be posted on the Florida Vendor Information Portal at https://vendor.myfloridamarketplace.com/ (click on “Search Advertisements”) under this ITB number. It is the

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

ACTION / LOCATION DATE TIME (ET)

PRE-BID CONFERENCE 03-19-2024 1:00 PM

In-person only to be held at the location below

Florida’s Turnpike Headquarters, Milepost 263

Turkey Lake Service Plaza, Bldg. 5315

Room 2167

DEADLINE FOR SUBMISSION OF QUESTIONS 03-26-2024 05:00 PM

BIDS DUE 04-02-2024 02:30 PM

Via email to TP.Purch@dot.state.fl.us

Reference “DOT-ITB-24-8026-MB” in the subject line

PUBLIC OPENING (Bids) 04-02-2024 03:00 PM

Florida’s Turnpike Headquarters, Milepost 263

Turkey Lake Service Plaza, Bldg. 5315

Room 2167

POSTING OF INTENDED DECISION 04-09-2024 05:00 PM

Via the Florida Vendor Information Portal (VIP)

3) AGENDA FOR PUBLIC MEETINGS

Agenda – Pre-Bid Conference

Starting time: see “Timeline” above.

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

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

- At the conclusion of public input or fifteen (15) minutes, whichever occurs first, the Department will conduct a review of the project requirements.

- Adjourn meeting.

ITB-3

Agenda – Public Opening (Bids)

Starting time: see “Timeline” above.

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

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

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

- Adjourn meeting.

4) SPECIAL ACCOMMODATIONS

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

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

Procurement Officer by using the Florida Relay Services at 1 (800) 955-8771 (TDD).

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

1) MyFloridaMarketPlace

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

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

MAY BE CONSIDERED NON-RESPONSIVE. All prospective Bidders that are not registered should go to https://vendor.myfloridamarketplace.com/ to complete on-line registration or call 1-866-352-3776 for assisted registration.

All payment(s) to the Vendor resulting from this competitive solicitation WILL be subject to the MFMP Transaction

Fee in accordance with the referenced Form PUR 1000 General Contract Condition #14. The Transaction Fees imposed shall be based upon the date of issuance of the payment.

2) FLORIDA DEPARTMENT OF FINANCIAL SERVICES (“DFS”) W-9 REQUIREMENT

DFS requires all vendors that do business with the State of Florida to submit an electronic Substitute Form W-9.

Vendors must submit their W-9 forms electronically at https://flvendor.myfloridacfo.com to receive payments from the state. Contact the DFS Customer Service Desk at (850) 413-5519 or FLW9@myfloridacfo.com with any questions.

3) QUESTIONS AND ANSWERS

In accordance with Section 287.057(25), Florida Statutes, respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the seventy-two (72) hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the

Procurement Officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a Bid.

Any questions arising from this ITB must be forwarded, in writing, to the Procurement Officer identified below.

Questions must be received no later than the time and date reflected on the Timeline. The Department’s written response to written inquiries submitted timely will be posted on the Florida Vendor Information Portal at https://vendor.myfloridamarketplace.com/ (click on “Search Advertisements”) under this ITB number. It is the Bidder’s responsibility to monitor this site for any changing information prior to submitting a Bid and throughout the procurement process.

WRITTEN QUESTIONS should be submitted to:

Marlene Barnes, Email: TP.Purch@dot.state.fl.us

ALL EMAILS TO THE PROCUREMENT OFFICER MUST CONTAIN THE ITB NUMBER (DOT-ITB-24-8026-

MB) IN THE SUBJECT LINE.

4) ADDENDA TO THE ITB

The Department reserves the right to make changes to this ITB by issuing addenda. Any addenda issued will be posted on the Florida Vendor Information Portal at https://vendor.myfloridamarketplace.com/ (click on “Search https://vendor.myfloridamarketplace.com/ https://flvendor.myfloridacfo.com/ mailto:FLW9@myfloridacfo.com https://vendor.myfloridamarketplace.com/

ITB-4

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

5) MINORITY BUSINESS ENTERPRISE (MBE) UTILIZATION

The Department, in accordance with Title VI of the Civil Rights Act of 1964, 42 USC 2000d- 2000d-4, Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in federally-assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all Bidders that the Department will affirmatively ensure that in any contract/agreement entered into pursuant to this ITB, minority and disadvantaged business enterprises will be afforded the full opportunity to submit

Bids in response to this ITB and will not be discriminated on the basis of race, color, national origin, or sex in consideration for an award.

The Department encourages small, minority, women, and service-disabled veteran businesses to compete for

Department contracts, both as a Bidder and as a subcontractor. The Department, its vendors, suppliers, and consultants should take all necessary and reasonable steps to ensure that small, minority, women, and service-disabled veteran businesses have the opportunity to compete for and perform contract work for the Department in a nondiscriminatory environment. The Bidder shall indicate its intent regarding MBE participation on the Notice of Intent to Sublet and

MBE Planned Utilization form (Form 6) and to submit the completed form with its Bid. The 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 https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd.

6) CONVICTED VENDOR LIST

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

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

7) DISCRIMINATORY VENDOR LIST

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

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

8) ANTITRUST VIOLATOR VENDOR LIST

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

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

ITB-5

9) PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL, OR IDEOLOGICAL

INTERESTS IN GOVERNMENT CONTRACTING

Pursuant to Section 287.05701(2)(a), Florida Statutes, an awarding body may not request documentation of or consider a vendor’s social, political, or ideological interests when determining if the vendor is a responsible vendor, and an awarding body may not give preference to a vendor based on the vendor’s social, political, or ideological interest.

10) CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES OF CONCERN PROHIBITED

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

5).

11) SCOPE OF SERVICES

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

Services (“Scope of Services”), attached hereto and made a part hereof.

12) PRE-BID CONFERENCE

A Pre-Bid Conference will be held at the date, time, and location in the Timeline. The purpose of this meeting is to provide an open forum for the Department to respond to questions from prospective Bidders regarding the Scope of

Services, ITB requirements, contractual requirements, method of compensation, and other conditions or requirements that may, in any manner, affect the work to be performed.

13) QUALIFICATIONS

13.1 General

Submit the following with the Bid Package:

• Submit Form No. 1. to certify that the Bidder has been in business for a minimum of the past five (5) years from the month of the Bid opening and has experience to perform the services requested herein.

• Submit all other required Forms contained herein.

• Submit a current and valid Business Tax Receipt which states the name of the Bidder and the street address of the business location.

13.2 Authorized to Transact Business in the State of Florida

The Bidder must be authorized by the Florida Department of State to transact business in the State of Florida. Such authorization should be obtained by the Bid due date and time, but in any case, must be obtained prior to the execution of the Contract.

For authorization, contact:

Florida Department of State

Tallahassee, Florida 32399

(850) 245-6051

13.3 Licensed to Conduct Services in the State of Florida

If a Bid includes services that require individuals to be licensed by the Florida Department of Business and Professional

Regulation, such licenses should be obtained by the Bid due date and time, but in any case, must be obtained prior to posting of the intended award of the Contract.

For licensing, contact:

Florida Department of Business and Professional Regulation

Tallahassee, Florida 32399-0797

(850) 487-1395

ITB-6

14) 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) calendar days from the date of acceptance by the Department. 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 Department, 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 Department facility to inspect all items upon arrival, a reasonable opportunity must be given to the Department for inspection of the items, and returning those that are defective.

15) LIABILITY INSURANCE

The Vendor must carry and keep in force throughout the duration of the Contract all insurance policies and coverages described in the Standard Written Agreement, (Attachment “A”). Prior to execution of the Contract, the Vendor must submit to the Procurement Officer certificates evidencing, to the Department’s satisfaction, the required coverages to be in effect. The certificates described in this paragraph must be submitted by the Vendor to the Procurement Officer within ten (10) calendar days of written request by the Procurement Officer.

16) PERFORMANCE BOND

A Performance Bond is not required for this project.

17) METHOD OF COMPENSATION

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

18) CONTRACT DOCUMENT

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

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

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

Contract award.

19) PROTEST OF ITB SPECIFICATIONS

Any person who is adversely affected by the contents of this ITB must file the following with the Department of

Transportation, Clerk of Agency Proceedings, Office of the General Counsel, 605 Suwannee Street, Mail Station 58, Tallahassee, Florida 32399-0450:

1. A written notice of protest within seventy-two (72) hours after the posting of the solicitation, (the notice of protest may be faxed to 850-414-5264 or hand delivered to the address above), and

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

Failure to file a protest within the time prescribed in Section 120.57(3)(a), 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.

ITB-7

20) UNAUTHORIZED ALIENS

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

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

21) SCRUTINIZED COMPANIES LISTS

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

2).

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

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

Israel List or is engaged in a boycott of Israel.

22) RESERVATIONS

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

Department reserves the right to:

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

b. Accept or reject any Bid at any time.

c. Terminate evaluation of any Bid at any time.

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

e. Waive minor informalities or irregularities in Bids.

23) RESPONSIVENESS OF BIDS

23.1 Responsiveness of Bids

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

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

23.2 Multiple Bids

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

23.3 Other Conditions

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

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

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

ITB-8

24) BID BLANK

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

Bidder is selected for award of the Contract.

25) COPYRIGHTED MATERIAL

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

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

26) CONFIDENTIAL INFORMATION

In addition to the public records requirements of Section 19 of PUR 1001, if the Bidder considers any portion of its Bid to contain confidential material exempt from public inspection or disclosure under Chapter 119, Florida Statutes, or other applicable state or federal law (collectively, the “Public Records Law”), then the Bidder must, simultaneously with the un-redacted Bid, provide the Department with a separate redacted Bid (“Redacted Copy”).

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

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

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

Bidder upon submission of its Bid.

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

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

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

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

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

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

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

27) COSTS INCURRED IN RESPONDING

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

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

ITB-9

28) SUBMISSION OF BIDS

The Bidder must submit its Bid electronically by e-mail to TP.Purch@dot.state.fl.us and shall adhere to the requirements listed below. A confirmation notice will be sent to each Bidder when their Bid is received. Do not copy anyone on your submittal e-mail.

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

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

Package. If the Bid Package exceeds 20 MB, the Bidder shall split their Bid Package into separate PDF files.

Bid Package files shall be marked as The ITB Number – Bidder’s name - Bid package - file 1 of…, 2 of… etc.

29) MODIFICATION AND WITHDRAWAL OF BID

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

30) BID OPENING

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

31) AWARD

The Department intends to award multiple Contracts to responsive and responsible Bidders as described in the ITB. The

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

If two (2) or more Bidders submit equal Bids, as described in this ITB (“Equal Bidders”), then the Department will, using the information submitted by the Equal Bidders in Form 3 (Award Preferences Form), award the Contract to one

(1) of the Equal Bidders in accordance with the applicable statutory award preference criteria described in Chapters 287 and 295, Florida Statutes. A Bidder who fails to submit a completed Form 3 with its Bid will be considered to have no award preference.

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

31.1 Basis of Award

An award shall be made to the two (2) responsive, responsible Bidders that receive the highest number of Price Points

(Total Score). The Bidder with the highest Total Score will be the primary Vendor and the second highest will be the secondary Vendor. The Total Score will be determined by adding the Price Points acquired, as defined in Exhibit “C,”

Bid Blank, Section V.

32) POSTING OF INTENDED DECISION

The Department’s intended decision will be posted on the Florida Vendor Information Portal at https://vendor.myfloridamarketplace.com/ on the date 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 decision, (the notice of protest may be faxed to 850-414-5264 or hand delivered to the address above), and

2. A formal written protest and protest bond in compliance with Section 120.57(3), Florida Statutes, within ten

(10) days of the date on which the written notice of protest is filed to the address above. At the time of filing the formal written protest, a bond (a cashier’s check or money order may be accepted) payable to the

Department must also be submitted in an amount equal to one percent (1%) of the estimated contract amount based on the contract price submitted by the protestor.

mailto:TP.Purch@dot.state.fl.us

ITB-10

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.

33) ATTACHED EXHIBITS, FORMS AND ATTACHMENTS

33.1 Exhibits

Exhibit “A” - Scope of Services

Exhibit “B” - Method of Compensation

Exhibit “C” - Bid Blank

33.2 Forms

Form 1 - Certification of Qualifications*

Form 2 - Bidder Certification Regarding Scrutinized Companies*

Form 3 - Award Preferences Form*

Form 4 - E-Verify*

Form 5 - Foreign Country of Concern Attestation*

Form 6 - Notice of Intent to Sublet and MBE Planned Utilization*

Form 7 - Certification of Disbursements of Previous Payments

Form 8 - Certificate of Contract Completion

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

33.3 Attachments

Attachment “A” - Standard Written Agreement

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

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

Attachment “D” - Building Permit Application

Attachment “E” - State Building Permit

Attachment “F” - Code Inspection Request

Attachment “G” - Code Inspection Report Form

Attachment “H” - Certificate of Occupancy

Attachment “I” - Request for Certificate of Occupancy or Completion

34) GENERAL CONTRACT CONDITIONS (PUR 1000)

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

Attachment “B” and incorporated by reference in to this ITB.

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

Paragraph 31, Dispute Resolution - PUR 1000

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

35) GENERAL INSTRUCTIONS TO RESPONDENTS (PUR 1001)

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

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

Paragraph 3, Electronic Submission – PUR 1001

Paragraph 4, Terms and Conditions – PUR 1001

Paragraph 5, Questions – PUR 1001

36) ORDER OF PRECEDENCE OF THIS ITB

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

ITB-11

Addenda to ITB, in reverse order of issuance

ITB

Exhibit “A,” Scope of Services

Exhibit “B,” Method of Compensation

Exhibit “C,” Bid Blank

Attachment “A,” Standard Written Agreement

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

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

37) LIQUIDATED DAMAGES

Refer to Exhibit “A,” Scope of Services, Section 5.10, Liquidated Damages.

38) 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.

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.

FORMS

FLORIDA DEPARTMENT

OF TRANSPORTATION

FORMS

State of Florida Department of Transportation, Form 1

Florida’s Turnpike Enterprise DOT-ITB-24-8026-MB

Form 1

Certification of Qualifications

CERTIFICATION OF QUALIFICATIONS

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

________________________________________________________________ (“Bidder”), hereby certify (Name of Bidder) on behalf of the Bidder, that:

1. The Bidder is currently authorized by the Florida Department of State to transact business in the State of Florida.

2. The Bidder shall have performed similar type of services within the past five (5) years from the date of the public bid opening.

3. The Bidder:

a. Holds a valid and current Business Tax Receipt which states the name of the Bidder, street address of the business location and the type of work for which the business tax receipt is issued (which must be for the same type of service required in the Contract). If awarded the Contract, the Vendor shall be required to provide the Department verification of a Business Tax Receipt in Orange

County, at the Pre-work Conference.

b. Holds a valid, current, and active certificate/license issued by the Florida Department of Business and Professional Regulation in accordance with Chapter 489, Florida Statutes and is authorized under applicable state and local law to contract and perform the services described in the ITB.

By signing below, the undersigned certifies the following: (1) that the responses provided above are true, accurate, and complete, and (2) that the undersigned is authorized to execute this form on behalf of, and to bind, the Bidder on whose behalf the undersigned executes this form.

Signature of Authorized Representative:

Printed Name:

Title: ________________________________________________________________________________

Date:

State of Florida Department of Transportation, Florida’s Turnpike Enterprise DOT-ITB-24-8026-MB

FPID: Various

Form 2

Bidder Certification Regarding

Scrutinized Companies

Form 2

BIDDER CERTIFICATION

REGARDING SCRUTINIZED COMPANIES

Bidder Name:

Bidder FEIN:

Bidder Mailing Address:

City: State: _____________________________ Zip: _____ ________

Phone Number:

Email Address:

Section 287.135, Florida Statutes, prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company is on the Scrutinized Companies that

Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel.

Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of $1,000,000 or more if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company is on the Scrutinized

Companies with Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Terrorism

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

By signing below, the undersigned certifies the following: (1) that the Bidder is not listed on the Scrutinized

Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism

Sectors List, and that the Bidder is not engaged in business operations in Cuba or Syria; (2) that the Bidder is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel; (3) that the undersigned is authorized to execute this certification on behalf of, and to bind, the Bidder on whose behalf the undersigned executes this certification; and (4) that the undersigned understands that, pursuant to Section

287.135, Florida Statutes, the submission of a false certification may subject the Bidder to civil penalties, attorney’s fees, and/or costs.

Signature of Authorized Representative:

Printed Name:

Title:

Form 3 Award Preferences Form

Form 3

AWARD PREFERENCES FORM

The Bidder’s responses on this form will only be used in the event multiple Bidders submit equal responsive Bids. If the Department discovers that any information on this form is false after the award to the Bid is made, the Department reserves the right to terminate the Contract and hold the Bidder liable for costs associated with re-procurement.

I, ___________________________________________, as __________________________________________, of (Name) (Title)

_____________________________________________________ (“Bidder”), hereby certify that the Bidder:

(Bidder’s Name)

(Select all that apply by checking the applicable boxes below)

Is a certified veteran business enterprise as provided in Section 295.187(4), Florida Statutes.

Has implemented a drug-free workplace program in accordance with Section 287.087, Florida

Statutes.

Is a certified minority business enterprise as defined in Section 288.703, Florida Statutes.

By signing below, the undersigned certifies the following: (1) that the responses provided above are true, accurate, and complete, and (2) that the undersigned is authorized to execute this form on behalf of, and to bind, the Bidder on whose behalf the undersigned executes this form.

Signature of Authorized Representative:

Printed Name:

Title: ______________________________________________________________________________________

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

E-VERIFY

Form 4

Form 4

E-Verify

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

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

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

By signing below, the undersigned certifies the following: (1) that the responses provided above are true, accurate, and complete, and (2) that the undersigned is authorized to execute this form on behalf of, and to bind, the Bidder on whose behalf the undersigned executes this form.

Signature of Authorized Representative: _________________________________________________

Printed Name: ______________________________________________________________________

Title: _____________________________________________________________________________

Date: _____________________________________________________________________________

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

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

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

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

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

Interest in the entity.

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

Printed Name:

Title:

Signature: Date:

FOREIGN COUNTRY OF CONCERN ATTESTATION

(PUR 1355)

FORM 5

FORM 5

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

State of Florida Department of Transportation, Form 6

Florida’s Turnpike Enterprise DOT-ITB-24-8026-MB

Notice of Intent to Sublet and MBE Planned Utilization

Form 6 Notice of Intent to Sublet and MBE Planned Utilization

I, ________________________________________________, as ______________________________________________, of (Name) (Title)

_________________________________________________________________ (“Bidder”), hereby certify that the Proposer:

(select one) does not intend to sublet a portion of the work requested under the ITB to subcontractors.

_____ does intend and commits to sublet a portion of the work requested under the ITB to subcontractors.

Bidders shall list all anticipated subcontractors, regardless of MBE status, and include the description of services, name of each subcontractor, percent of work performed by each subcontractor, and certified MBE designation (if any) of each subcontractor, in the table below.

Description of Services Subcontractor Percent MBE

(Y) or (N)

_____ has taken affirmative action to seek out and consider Minority Business Enterprises (MBEs) as defined by the Department of Management Services, Office of Supplier Diversity, as potential subcontractors and/or suppliers.

All changes to subcontractors are subject to the Department’s review and approval. Bidder understands that it will need to submit MBE payment certification forms to the Department for reporting purposes only.

By signing below, the undersigned certifies the following: (1) that the responses provided above are true, accurate, and complete, and (2) that the undersigned is authorized to execute this form on behalf of, and to bind, the Bidder on whose behalf the undersigned executes this form.

Signature of Authorized Representative: _________________________________________________

Printed Name: ______________________________________________________________________

Title: _____________________________________________________________________________

Form 7

Certification Disbursement of Previous Payments

Form 7

CERTIFICATION

DISBURSEMENT OF PREVIOUS PAYMENTS

Date: , 20

Contract No.:

Financial Project No(s):

Contract For:

To release payment for all work performed in the Month of, 20

(State) (Zip)

As an authorized representative of the Vendor for the above referenced Contract, I hereby certify that all sub-vendors, laborers, and material suppliers having an interest in this Contract have received their pro rata share of all previous payments made by the Department for all work completed and materials and equipment furnished in the previous period.

(Name of Vendor) (Signature)

(Address) (Print/Type Name)

(City) (Title)

CERTIFICATION MUST BE ATTACHED TO INVOICE

Form 8

Certificate of Contract Completion

Form 8

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

CERTIFICATE OF CONTRACT COMPLETION

Contract Number FPI No.:

Project Description

Vendor

Contract Date Total Amount $

VENDOR’S AFFIDAVIT

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

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

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

(Signature) (Title)

(Corporate Seal)

STATE OF

COUNTY OF

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

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

(Type of Identification)

Notary Public: (Notary Stamp)

(Signature)

Type/Print Name:

CERTIFICATION MUST BE ATTACHED TO THE FINAL INVOICE

EXHIBIT “A”

FLORIDA DEPARTMENT

OF TRANSPORTATION

SCOPE OF SERVICES

A-1

SCOPE OF SERVICES

1.0 INTRODUCTION

1.1 Governing Statutes

Under Florida Statute:

Title XXXIII: REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS: 553.80

Enforcement: (1) Except as provided in paragraphs (a)-(g), each local government and each legally constituted enforcement district with statutory authority shall regulate building construction and, where authorized in the state agency’s enabling legislation, each state agency shall enforce the Florida Building Code required by this part on all public or private buildings, structures, and facilities, unless such responsibility has been delegated to another unit of government pursuant to s. 553.79(11)

(a) Construction regulations relating to correctional facilities under the jurisdiction of the Department of

Corrections and the Department of Juvenile Justice are to be enforced exclusively by those departments.

(b) Construction regulations relating to elevator equipment under the jurisdiction of the Bureau of Elevators of the Department of Business and Professional Regulation shall be enforced exclusively by that department.

(c) In addition to the requirements of s. 553.79 and this section, facilities subject to the provisions of chapter 395 and parts II and VIII of chapter 400 shall have facility plans reviewed and construction surveyed by the state agency authorized to do so under the requirements of chapter 395 and parts II and VIII of chapter 400 and the certification requirements of the Federal Government. Facilities subject to the provisions of part IV of chapter 400 may have facility plans reviewed and shall have construction surveyed by the state agency authorized to do so under the requirements of part IV of chapter 400 and the certification requirements of the Federal Government.

(d) Building plans approved under s. 553.77(3) and state-approved manufactured buildings, including buildings manufactured and assembled offsite and not intended for habitation, such as lawn storage buildings and storage sheds, are exempt from local code enforcing agency plan reviews except for provisions of the code relating to erection, assembly, or construction at the site. Erection, assembly, and construction at the site are subject to local permitting and inspections. Lawn storage buildings and storage sheds bearing the insignia of approval of the department are not subject to s. 553.842. Such buildings that do not exceed 400 square feet may be delivered and installed without need of a contractor’s or specialty license.

(e) Construction regulations governing public schools, state universities, and Florida College System institutions shall be enforced as provided in subsection (6).

(f) The Florida Building Code as it pertains to toll collection facilities under the jurisdiction of the Turnpike

Enterprise of the Department of Transportation shall be enforced exclusively by the Turnpike Enterprise.

(g) Construction regulations relating to secure mental health treatment facilities under the jurisdiction of the

Department of Children and Families shall be enforced exclusively by the department in conjunction with the

Agency for Health Care Administration’s review authority under paragraph (c).

http://www.leg.state.fl.us/statutes/index.cfm…