DOT-ITB-25-5002-SFMC Complete.pdf

ITB Fed Mit—2/1/2021

State of Florida Department of Transportation

INVITATION TO BID

Purchase of both State and Federal Mitigation Credits to Offset Wetland Impacts in District Five

DOT-ITB-25-5002-SFMC

Florida Department of Transportation Procurement Office, MS-524

719 South Woodland Boulevard DeLand, Florida 32720-6834

State of Florida Department of Transportation

District Five 719 S. Woodland Boulevard DeLand, Florida 32720-6834

INVITATION TO BID REGISTRATION

PLEASE COMPLETE AND RETURN THIS FORM ASAP

E-MAIL TO D5.ProcurementQuestions@dot.state.fl.us

Bid Number: DOT-ITB-25-5002-SFMC

Title: Purchase of both State and Federal Mitigation Credits to Offset Wetland Impacts in District Five

Bid Due Date & Time (On or before): July 23, 2024, at 9:00 AM ____

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 D5.ProcurementQuestions@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. 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:

E-Mail Address: _________________________________________________________

Form No. 1 https://vendor.myfloridamarketplace.com/

Bid Price Proposal Form Form No. 2

Bid #: DOT-ITB-25-5002-SFMC

Bid Title: Purchase of both State and Federal Mitigation Credits to Offset Wetland Impacts in District Five

Mitigation Credit Type

SJRWMD Basins SWFWMD Watershed SFWMD Basins St. Johns River

(Wekiva to Welaka (14)

Halifax River (17)

Econlockhatchee River (19)

Southern St. Johns River (20)

North Indian River

(21) Withlacoochee (15) Reedy Creek Shingle Creek

UMAM

Forested

Herbaceous

General Wetlands

WRAP

Forested

Herbaceous

General Wetlands

RATIO

Forested

Herbaceous

General Wetlands

Bid Price Proposal Page 1 of 5

Table 2 - Unit Rates for State Wetland Mitigation Credits

Mitigation Credit Type

SJRWMD Basins SWFWMD Watershed SFWMD Basins St. Johns River

(Wekiva to Welaka) (14)

Halifax River (17)

Econlockhatchee River (19)

Southern St. Johns River (20)

North Indian River (21)

Withlacoochee (15) Reedy Creek Shingle Creek

UMAM

Forested

Herbaceous

General Wetlands

WRAP

Forested

Herbaceous

General Wetlands

RATIO

Forested

Herbaceous

General Wetlands

Form No. 2 Continued

Bid Price Proposal Page 2 of 5

Table 3 - Unit Rates for Federal Palustrine Mitigation Credits

Mitigation Credit Type 03080101 Upper St.

Johns 03080103 Lower St.

Johns 03080201 Daytona

St. Augustine 03080202 Cape

Canaveral 03100208

Withlacoochee 03090101 Kissimmee

UMAM

Forested

Emergent

WRAP

Forested

Emergent

RATIO

Forested

Emergent

Table 4 - Unit Rates for State and Federal Estuarine Mitigation Credits

Mitigation Credit Type

SJRWMD/ACOE

Northern Indian River (Basin 21)

UMAM

Estuarine/Marine Intertidal Forested Estuarine/Marine Intertidal Herbaceous

Estuarine

Bid Price Proposal Page 3 of 5

Table 6 – Unit Rates for Federal Estuarine Credits

Mitigation Credit Type 8 Digit HUC - 03080202

UMAM

Estuarine Intertidal Forested Estuarine Intertidal Emergent

Estuarine

Table 5 - Unit Rates for State Estuarine Mitigation Credits

Mitigation Credit Type

SJRWMD Basin

Northern Indian River (Basin 21)

UMAM

Forested Marine

Herbaceous Marine

Bid Price Proposal Page 4 of 5

The prospective Bidder shall provide a bid price on Tables 1-6 as appropriate for the type of credits. The prospective Bidder is not required to bid on both state and federal credits. Tables 1 & 4 provide for a combined state and federal credit bid price. Tables 2, 3, 5 & 6 provide for a separate state and/or federal bid price. The Vendor may enter bids on more than one of the tables but need not enter bids on all tables. The prospective Bidder is not required to be able to provide all the credits needed. Due to the limited nature of mitigation credits, the Department may award multiple bidders that can provide credits meeting the Department’s needs. The Department will issue Purchase Orders to meet project needs to the lowest responsive bidder(s) with mitigation credits available.

This is a 24-month Term Contract whereby the Vendor agrees to furnish mitigation credits on an as needed basis to meet the Department’s mitigation needs on a per project basis at the specified bid price. The Department does not guarantee any specific quantity of mitigation credits to be purchased.

Delivery: A receipt letter shall be delivered to the Department upon notice of award. Delivery will be made within 14 days of receipt of purchase order and shall include confirmation that formal adjustments to the state and federal ledgers have been made and approved by the appropriate regulatory agencies. Payment will be rendered upon formal adjustments to the ledgers.

MFMP Transaction Fee: 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.

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

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

Vendor: FEID #: .

Address: City, State, Zip:

Phone: Fax: Email:

Authorized Signature: Date:

Printed/Typed Name: Title: .

Bid Price Proposal Page 5 of 5

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

DRUG-FREE WORKPLACE PROGRAM CERTIFICATION

375-040-18

PROCUREMENT

03/17

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

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

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

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

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

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

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

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

YES

NO

NAME OF BUSINESS:

DOT-ITB-25-5002-SFMC

Form No. 3

ANTICIPATED DBE PARTICIPATION STATEMENT

375-040-63

PROCUREMENT

02/07

The Prime contractor is encouraged to complete this form and submit this form with your bid/price proposal/reply.

Submission of this form is not mandatory.

Procurement Number: DOT-ITB-25-5002-SFMC

Contractor's Name:

Contractor's FEID Number:

Is the prime contractor a Florida Department of Transportation Certified Disadvantaged Business Enterprise (DBE)?

( yes ) ( no )

Expected amount of contract dollars to be subcontracted to DBE(s): $

OR

It is our intent to subcontract % of the contract dollars to DBE(s). Listed below are the proposed DBE sub-contractors:

DBE (s) Name Type of Work/Specialty Dollar Amount/Percentage

Submitted by: Title:

(Type or Print)

Date:

Note: This information is used to track and report anticipated DBE participation in FDOT contracts. The anticipated DBE amount will not become part of the contractual terms.

Form No. 4

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:

Form No. 5 DOT-ITB-25-5002-SFMC

E-VERIFY

375-031-06

PROCUREMENT

OGC – 10/21

Contract No: DOT-ITB-25-5002-SFMC

Financial Project No(s): Various

Project Description: Purchase of State and Federal Mitigation Credits to offset Wetland Impacts in District Five

In accordance with the contract, the Vendor/Consultant/Contractor hereby acknowledges and certifies compliance with Section 448.095, Florida Statutes. The Vendor/Consultant/Contractor shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees. The Vendor/Consultant/Contractor shall utilize the U.S. Department of Homeland Security’s E-Verify system, in accordance with the terms governing use of the system. The Vendor/Consultant/Contractor shall comply with Section 448.095, Florida Statutes, for the duration of the contract term, including any extensions or renewal periods.

Company/Firm:

Authorized Signature:

Title:

Date:

Form No. 6

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

1) INVITATION

The Florida Department of Transportation (Department) is requesting competitive bids for the purchase of State and Federal Wetland Mitigation Bank Credits to offset freshwater and estuarine wetland impacts associated with multiple projects (See Exhibit A - Scope of Services).

This is a 24-month Term Contract whereby the Vendor agrees to furnish State and/or Federal Mitigation Bank Credits on an as needed basis to meet the Department’s mitigation needs on a per project basis at the specified bid price. The Department will use purchase orders to satisfy its need. By submitting a bid, a prospective bidder agrees to honor the bid price for the term of the contract. The Department does not guarantee any specific quantity of mitigation credits to be purchased.

The Vendor must meet one of the following criteria to provide a bid:

1. The mitigation bank must be located within the identified WMD basin. Alternatively, a Vendor can provide written verification from the WMD that its bank is acceptable to offset wetland impacts associated with the planned project, and the Vendor shall provide a cumulative impact assessment statement for use by FDOT, which has been approved by the appropriate water management district.

2. The mitigation bank must have a federal service area which encompasses the planned project’s wetland impacts. Alternatively, a Vendor can provide written verification from the USACE that its credits are acceptable to offset wetland impacts for a planned project. The federal credits shall include all species credits (e.g., wood stork) tied to each wetland credit.

The wetland mitigation credits required shall be certified using the Uniform Mitigation Assessment Methodology (UMAM), WRAP, or Ratio methods.

All bid credits must come from the same wetland mitigation bank. The Vendor shall bid using the included Bid Price Proposal Form, Form No. 2. The prospective Bidder shall provide a bid price on Tables 1-6 as appropriate for the type of credits. The prospective Bidder is not required to bid on both state and federal credits. Table 1 provides for a combined state and federal freshwater credit bid price.

Tables 2 & 3 provide for a separate state and/or federal bid price. Table 4 provides for estuarine credits bid price and Tables 5 & 6 provide for a separate state and/or federal bid price for estuarine credits. The Vendor may enter bids on more than one of the tables but need not enter bids on all of the tables. The prospective Bidder is not required to be able to provide all of the credits needed.

Due to the limited nature of mitigation credits, the Department may award multiple bidders that can provide credits meeting the Department’s needs. The Department will issue Purchase Orders to meet project needs to the lowest responsive bidder(s) with mitigation credits available.

The Department’s intent is to purchase mitigation credits by purchase order from the lowest bidder or lowest combination of bidders to meet the needs of each project. Purchases will be made for Wetland Mitigation Credits based on the lowest cost per wetland acre impacted depending on the type of credit (Ratio, WRAP, or UMAM). If a low bidder cannot meet the entire mitigation need for a project, the Department may purchase the remainder from higher bidders as needed to fulfill the total project need.

For each subsequent purchase, the Department reserves the right to purchase available credits from the lowest bidder and proceed in order of price proposals to determine the best value for the state.

To the extent the credits purchased by the Department exceed the number of actual credits needed for a given project, the Department reserves the right to use any excess credits for its use on future projects.

The Bidder/Vendor will aid the Department by properly updating its ledger(s) and assist as necessary to update regulatory ledger(s) to reflect actual credits used and documenting the remaining credits available for use by the Department.

The Department may, at its sole discretion, purchase additional Wetland Mitigation Bank Credits from the contracts resulting from this Invitation to Bid for projects within the nine county District Five Area on an as needed basis.

All commodities identified in this Invitation to Bid will be subject to the availability of identical commodities as provided by mandatory Department of Management Services' State Contract(s) at such time these commodities become available. In the event of duplication(s) of commodities, the Department of Management Services' mandatory State Contract shall prevail.

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.

Unless otherwise stated below, all Public Meetings will be held at the FDOT District Office located at 719 S Woodland Boulevard, DeLand, Fl. 32720-6834

ACTION / LOCATION DATE LOCAL TIME

ADVERTISEMENT DATE July 2, 2024

PUBLIC OPENING OF BIDS RECEIVED July 23, 2024

SELECTION COMMITTEE MEETING July 29, 2024 9:30 AM

POSTING OF INTENDED DECISION/AWARD By 2:00PM July 29, 2024

DEADLINE FOR ALL QUESTIONS July 15, 2024 10:00 AM

QUESTIONS AND ANSWERS POSTED July 17, 2024 4:00 PM

BIDS DUE (ON OR BEFORE) July 23, 2024 9:00 AM

10:00 AM

3) PUBLIC MEETING AGENDAS

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 reasonable amount of time for public input related to the bid solicitation.

Bids opened – At conclusion of public input period, 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.

SELECTION COMMITTEE MEETING AGENDA

Opening remarks - Approx. 2 minutes by Department Procurement Office personnel.

Public input period – To allow a reasonable amount of time for public input related to the ITB Solicitation Summarize - Price Proposals Announce - Anticipated Award decision(s) Adjourn meeting

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 or 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 ACTIVELY 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 INITIATIVE

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.

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

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

ALL QUESTIONS should be submitted to:

D5.ProcurementQuestions@dot.state.fl.us

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/(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. All addenda will be acknowledged by signature and subsequent submission of addenda with bid when so stated in the addenda.

5) DIVERSITY ACHIEVEMENT

The Department encourages the recruitment and utilization of small, minority, women, and service-disabled veteran businesses. 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 can compete for and perform contract work for the Department in a nondiscriminatory environment.

6) PRICES/DELIVERY

Prices shall be firm, net, delivered prices, F.O.B. destination.

7) IN-STATE PREFERENCE FOR COMMODITY BIDS

Not applicable because federal funds will be used for this bid.

8) INTENDED AWARD

As the best interest of the State may require, the right is reserved to make award(s) by individual item, group of items, all or none, or a combination thereof: on a geographical district basis and / or on a statewide basis with one or more suppliers to reject any and all bids or waive any minor irregularity or technicality in bids received. When it is determined there is competition to the lowest responsible bidder, evaluation of other bids is not required. Bidders are cautioned to make no assumptions, unless their bid https://vendor.myfloridamarketplace.com/ mailto:D5.ProcurementQuestions@dot.state.fl.us has been evaluated as being responsive. All awards made as a result of this bid shall conform to applicable Florida Statute. If the Department is confronted with identical pricing or scoring from multiple vendors, the Department shall determine the order of award in accordance with section 295.187(4), Florida Statutes, and Rule 60A-1.011 Florida Administrative Code.

9) PRE-BID CONFERENCE: A PRE-BID CONFERENCE WILL NOT BE HELD.

10) PRODUCT REQUIREMENTS/SPECIFICATIONS

Any deviation from specifications indicated herein must be clearly pointed out; otherwise, it will be considered that items offered are in strict compliance with these specifications, and successful bidder will be held responsible, therefore. Deviations must be explained in detail on separate attached sheet(s).

11) ACCEPTANCE

For the mitigation credits to be accepted by the Department, the mitigation credits must be as detailed in the Technical Specifications. Documentation demonstrating credit availability shall include a copy of the current state and/or federal credit ledger as applicable. Other documentation related to bank service area, credit availability and compliance, including permits and mitigation banking instruments shall be provided to the Department on request.

12) REVIEW OF BIDDER'S MITIGATION SITE & DOCUMENTS

After the bid due date and prior to contract execution, the Department reserves the right to perform or to have performed, an on-site inspection of the mitigation site where credits are available for purchase as well as review of the bidder's documents certifying the credits are available for purchase and meet the Technical Specifications identified. This review will serve to verify information submitted by the bidder and may be used to determine whether the bidder has the appropriate mitigation credits to meet Department mitigation request as specified in the Technical Specifications.

Should the Department determine that the bid package has material misrepresentations or that the bidder's mitigation credits would not satisfy contract performance, the Department has the right to reject the bid.

13) 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.

14) 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.

15) 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.

16) 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.

17) 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.

18) RESPONSIVENESS OF BIDS

Bids will not be considered if not received by the Department on or before the date and time specified as the due date for submission. All bids must be typed or printed in ink. A responsive bid is an offer to provide the items 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 specifications 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 specifications, submitting conditional bids or incomplete bids, submitting indefinite or ambiguous bids, or executing forms or the bid price proposal 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 items, and failure to perform or meet financial obligations on previous contracts. ALL determinations of responsiveness will be the responsibility of the FDOT Procurement Office.

19) REQUIRED DOCUMENTS

The bidder must use the attached Bid Price Proposal Form, Form No. 2 to submit its bid. The Bid Price Proposal Form must be signed and dated in ink by a representative who is authorized to contractually bind the bidder. All bid forms and other documentation submitted in response to this solicitation must be executed and submitted in accordance with the electronic bid submittal instructions in Special Condition 23.

20) "DRUG-FREE WORKPLACE" PREFERENCE

Whenever two or more bids which are equal with respect to price, quality, and service are received, the Department shall determine the order of award first in accordance with section 295.187(4), 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.

21) 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.

22) 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-25-5002-SFMC - 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.

23) ELECTRONIC SUBMISSION OF BIDS:

Electronic Bid Submittals

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

a) Subject line must show: DOT-ITB-25-5002-SFMC

b) Email shall contain one file attachment marked as the following: DOT-ITB-25-5002-SFMC –

Vendor Name

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

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

e) Bids shall be submitted to: D5.Purch@dot.state.fl.us mailto:D5.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.

Upon receipt of bidder’s submittal to D5.Purch@dot.state.fl.us, an automatic email reply will be sent. If you submit a bid, but do not receive the automatic reply, please reach out to Jennifer Allcock at 386-943- 5523.

24) 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.

25) POSTING OF INTENDED DECISION/AWARD

25.1 - 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.

25.2 - 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 28.1, above) and/or telephone. The Department will provide notification of any future posting in a timely manner.

25.3 - 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.

mailto:D5.Purch@dot.state.fl.us

26) AWARD OF THE CONTRACT

The Department will issue Purchase Orders on an as-needed basis.

27) FORMS

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 non-responsive and the bid may be subject to rejection.

Registration Form, Form No. 1 Bid Price Proposal Form, Form No. 2 Drug-Free Workplace Program Certification, Form No. 3 DBE Planned Utilization Form, Form No. 4 Vendor Certification Regarding Scrutinized Companies Lists, Form No. 5 E-Verify Form, Form No. 6

28) TERMS AND CONDITIONS

28.1 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.

28.2 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

28.3 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.

http://www.dms.myflorida.com/content/download/2933/11777/1000.pdf http://www.dms.myflorida.com/content/download/2934/11780/1001.pdf http://www.dms.myflorida.com/content/download/117735/646919/Purchase_Order_Terms_Sept_1,_2015_.pdf http://www.dms.myflorida.com/content/download/117735/646919/Purchase_Order_Terms_Sept_1,_2015_.pdf

29) ORDER OF PRECEDENCE

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

Special Conditions Exhibit “A” Scope of Services Bid Price Proposal Purchase Order Terms and Conditions – Section 8(B), PRIDE, is not applicable when using federal funds.

Instructions to Respondents (PUR 1001) General Conditions (PUR 1000) Introduction Section

Exhibit “A” Scope of Services/Technical Specifications

Purchase of both State and Federal Mitigation Credits to Offset Wetland Impacts in District Five

DOT-ITB-25-5002-SFMC

The Vendor shall provide permitted and released state and/or federal wetland mitigation credits for the mitigation basin(s) and/or service areas within the jurisdictional boundaries of the St. Johns River Water

Management District (SJRWMD), the Southwest Florida Water Management District (SWFWMD), the

South Florida Water Management District and the Army Corps of Engineers (ACOE).The vendor shall provide Wetland Mitigation Credits for a period of 24 months from execution of this agreement.

SJRWMD

St. Johns River Wekiva to Welaka (Basin 14)

Halifax River (17)

Econlockhatchee River (Basin 19)

Southern St. Johns River (Basin 20)

Northern Indian River (Basin 21)

SWFWMD

Withlacoochee (Watershed 15)

SFWMD

Reedy Creek

Shingle Creek

The Vendor must meet one of the following criteria to provide a bid:

1. The mitigation bank must be located within the identified WMD cumulative impact basin.

Alternatively, a Vendor can provide written verification from the WMD that its bank is acceptable to offset wetland impacts associated with the planned project, and the Vendor shall provide a cumulative impact assessment for use by FDOT, which has been approved by the appropriate water management district.

2. The mitigation bank must have a federal service area which encompasses the planned project’s wetland impacts. Alternatively, a Vendor can provide written verification from the USACE that its credits are acceptable to offset wetland impacts for a planned project. The federal credits shall include all species credits (e.g., wood stork) tied to each wetland credit.

See Bid Price Proposal Form No. 2 in the ITB Package for providing cost per wetland credit information. At this time, the Department has identified 17 projects for which Wetland Credits may be purchased under the contracts resulting from this Invitation to Bid. The actual quantities of Wetland Credits needed for each of these projects are unknown at this time. The Department will issue Purchase Order(s) for the purchase of Wetland Credits at such time as the exact quantities are known.

The Department has identified 17 projects that may require wetland mitigation. Mitigation Basin information and estimated wetland impacts are included as available from preliminary project planning.

1. SR 50 from East of Old Cheney Hwy to Chuluota (FM # 239203-7) - 5 acres freshwater forested and herbaceous (Econlockhatchee River)

2. SR 50 from East of Chuluota to SR 520 (FM # 239203-8) - 4 acres freshwater forested and herbaceous (Econlockhatchee River)

3. SR 528 from W of SR 524 (Industry) to E of SR 3 (FM# 407402-3) – 1.88 acres estuarine forested (N. Indian River)

4. SR 528 from E of SR 3 to Port Canaveral Interchange (FM# 407402-4) – 2 0.85 acres estuarine; 1.71 acres estuarine forested (N. Indian River)

5. Space Coast Trail from Max Brewer Causeway to Atlantic Ocean (437093-2) – 7.75 acres estuarine (N Indian River)

6. SR 35 (US 301) from CR 525E to Florida’s Turnpike (430132-1) – 6 acres freshwater forested and herbaceous (Withlacoochee River)

7. SR 401 Bridge Replacement (444787-1) 1.19 acres estuarine (North Indian River)

8. SR 40 from Breakaway Trail to Williamson Blvd – 1.18 acres (Halifax River)

9. I-95 Interchange at SR 5 (US1) 419772-3 1.52 acres forested (Halifax River)

10. I-95 at LPGA Blvd from US 92 to Williamson Blvd (448456-1) 3.45 acres forested; 47.65 acres herbaceous (Halifax River)

11. SR 15/US 17 from Deleon Springs Blvd to SR 40 (410251-1) – 1.0 acre (St. Johns River

Wekiva to Welaka)

12. I-75 (SR 93) from S of SR 44 to SR 200 Aux lanes (452074-2) – 0.22 acres herbaceous;

5.26 acres forested (Withlacoochee)

13. SR 524 from Friday Road to Industry Road (437983-1) – 5.3 acres herbaceous; 2.06 forested (Southern St. Johns River)

14. Truck Parking Central Florida Corridor—Eastbound Volusia (446445-2) – 28.89 acres forested; 2.16 acres herbaceous (Halifax River)

15. Truck Parking Central Florida Orange County (446445-3) – 8.83 ac forested (Shingle

Creek)

16. Truck Parking Central Florida –Westbound Volusia (446445-4) –28.14 ac forested (Halifax

River)

17. Truck Parking Central Florida—Osceola (446445-5) –10.84 ac forested; 7.04 ac herbaceous (Reedy Creek)

The Department may, at its sole discretion, purchase additional Wetland Mitigation Bank Credits from the contracts resulting from this Invitation to Bid for projects within the nine county District Five area on an as-needed basis.

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 Price Proposal” 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, if applicable (required regardless of the bid value).

____ 5. The Technical Specifications 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 Bids guidelines laid out in Special Condition 23 are strictly followed.

https://vendor.myfloridamarketplace.com/