DOT-ITB-26-5002-OMC Complete.pdf

ITBSHELL.SERVICES 4/11/2024

State of Florida Department of Transportation

INVITATION TO BID

District Five Supplemental Routine Maintenance – Oviedo Operations

DOT-ITB-26-5002-OMC

Department of Transportation District Five

719 S. 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-26-5002-OMC

Title: District Five Supplemental Routine Maintenance – Oviedo Operations

Bid Due Date & Time (On or Before): See Introduction Section 2) Timeline

Potential bidders should notify our office by returning this Bid Registration Form as soon as possible after downloading. Complete the information below 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, click on “Search Advertisements”, click on the drop-down arrow beside the box under Advertisement Type, select Invitation to Bid, click on the drop-down arrow beside the box for Organization, select FLORIDA DEPARTMENT OF TRANSPORTATION, then go to the bottom of the same page and click on Advertisement Search. It is the responsibility of all potential bidders to monitor this site for any changing information prior to submitting your bid.

Company Name:

Address:

City, State, Zip:

Telephone: ( ) Contact Person:

Internet E-Mail Address: __________________________________________________

For further information on this process, e-mail D5.ProcurementQuestions@dot.state.fl.us

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

CREW

CREW PERSON POSITION QUANTITY (A)

UNIT PRICE

(HOURLY RATE)

(B)

ANNUAL

ESTIMATED

HOURS

(C)

ANNUAL TOTAL

A x B x C)

CREW LEADER 2 3200

EQUIPMENT OPERATOR 2 3200

MAINTENANCE WORKER 6 9600

TOTAL CREW COST

EQUIPMENT

ESTIMATED

HOURS

PER CREW PER

HOUR

TOTAL

(A x C)

A C

EQUIPMENT COST 3200

EQUIPMENT CONTINGENCY (Do Not Bid)

$20,000.00

TOTAL EQUIPMENT COST

TOTAL BID PRICE

TOTAL CREW COST

TOTAL EQUIPMENT COST

TOTAL CONTRACT BID PRICE

TOTAL CONTRACT BID PRICE WRITTEN OUT:

Printed/Typed Name: Title:

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.

Phone: E-mail:

Authorized Signature: Date:

Bidder: FEID #:

Address: City, State, Zip:

COMPANY NAME:

COMPLETE YELLOW CELLS

NO ENTRY, $0, OR N/A MAY BE CONSIDERED IRREGULAR AND THE BID MAY NOT BE CONSIDERED

SUPPLEMENTAL ROUTINE MAINTENANCE-OVIEDO OPERATIONS

DOT‐ITB‐26‐5002‐OMC

Bid Price Proposal, Form No. 2

Form No. 2

*An Excel version of this form is available on the advertisement page on the Vendor Information Portal, under "Downloadable Files."

Experience in Roadside Maintenance This Form is for Bidder's to list their work experience.

Bidder's Name (please print Company name) Contract ID Bidder's FEID Number

Project Name/Number Project Location Type of Asphalt Owner/Contact Name Prime or Beginning Contract ( City, State ) Work Performed Contact Phone Number Sub Mo / Year Duration

Days

Days

Days

Days

Days

Days

Days

Days

Days

LIST COMPANY EXPERIENCE

Signature Required and Additional Data space on the back (page 2) of this form.

Experience in Roadside Maintenance is required to bid on this project as defined below.

For this Contract the Contractor is required to have at least three (3) years of experience in the performance of Roadside Maintenance, or the Project Superintendent must have at least three (3) years of like experience as a Superintendent. This Form must be filled out and submitted with the bid to the District Contract Administrator. This form must be signed by the Owner or an Officer of the Company and dated in the space provided on the back (page 2) of this form.

F___________________________________

Form No. 3

DOT-ITB-26-5002-OMC

Continued from the front (page 1) of this sheet. 850-070-01

LIST ADDITIONAL COMPANY EXPERIENCE MAINTENANCE - 01/16

Project Name/Number Project Location Type of Asphalt Owner/Contact Name Prime or Month/ Contract ( City, State ) Work Performed Contact Phone Number Sub Year Duration

Days

Days

Days

Days

Project Name/Number Project Location Type of Asphalt Owner/Contact Name Prime or Month/ Contract ( City, State ) Work Performed Contact Phone Number Sub Year Duration

Days

Days

Days

Days

Days

Days

Days

Days

Experience will be calculated by totaling the number of Contract Days listed on the form, and dividing by 365 to determine the number of years of experience in performing the work.

Print Name of the Owner or Company Officer Signature of the Owner or Company Officer _________________________________________________ / / 20

LIST PROJECT SUPERINTENDENT'S EXPERIENCE

Form No. 3 Continued

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-26-5002-OMC 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

MBE PLANNED UTILIZATION

375-040-24

PROCUREMENT

03/17

(DEPARTMENT USE ONLY)

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

Business Enterprises.

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

MBE SUBCONSULTANTS/CONTRACTORS TYPES OF SERVICES/COMMODITIES

DESCRIPTION: District Five Routine Supplemental Maintenance - Oviedo Operations

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

Signed:

Title:

Date:

PROCUREMENT NO. DOT-ITB-26-5002-OMC FINANCIAL PROJECT NO. 435504-1-72-39

Form No. 6

E-VERIFY

375-031-06

PROCUREMENT

OGC – 10/21

Contract No: DOT-ITB-26-5002-OMC

Financial Project No(s): 435504-1-72-39

Project Description: District Five Supplemental Routine Maintenance - Oviedo Operations

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. 7

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

1) INVITATION

The State of Florida Department of Transportation (hereinafter referred to as the "Department") is soliciting written bids from qualified bidders to establish a contract to provide staffing and equipment to perform routine maintenance services on non-interstate roadways in Seminole and Orange counties. It is anticipated that the term of the contract will begin upon contract execution and be effective for one year thereafter.

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

2) TIMELINE

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

All public meetings, unless otherwise specified below, will be held at the District Office at 719 S.

Woodland Boulevard, DeLand, Florida 32724-6834

ACTION / LOCATION DATE LOCAL TIME

ADVERTISEMENT DATE June 12, 2025

DEADLINE FOR ALL QUESTIONS July 1, 2025 10:00 am

POSTING OF ALL QUESTIONS AND ANSWERS July 3, 2025 10:00 am

BIDS DUE (ON OR BEFORE) July 8, 2025 1:00 pm

PUBLIC OPENING July 8, 2025 2:00 pm

SELECTION COMMITTEE MEETING TO July 14, 2025 9:30 am

DETERMINE INTENDED AWARD

POSTING OF INTENDED DECISION/AWARD July 14, 2025 2:00 pm (must post for 72 hours)

3) PUBLIC MEETING AGENDAS

Bid Opening of proposals received by the due date/time:

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:

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:

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 Proposal Scores 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, e-mail address provided on the title page at least five (5) working days prior to the event. If you are hearing or speech impaired, please contact this office by using the Florida Relay Services which can be reached at 1 (800) 955-8771

(TDD).

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

1) MyFloridaMarketPlace

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

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

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

All payment(s) to the vendor resulting from this competitive solicitation WILL be subject to the MFMP Transaction Fee in accordance with the referenced Form PUR 1000 General Contract Condition #14.

The Transaction Fees imposed shall be based upon the date of issuance of the payment.

2) Florida Department of Financial Services (DFS) W-9 REQUIREMENT

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

3) QUESTIONS & ANSWERS

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

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

The Department’s written response to written inquiries submitted timely by bidders will be posted on the Florida Vendor Information portal at https://vendor.myfloridamarketplace.com/ (“Search Advertisements”), under this bid number. It is the responsibility of all potential bidders to monitor this site for any changing information prior to submitting their bid.

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

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/ (“Search Advertisements”) under this bid number. It is the responsibility of all potential bidders to monitor this site for any changing information prior to submitting your bid. All Addenda will be acknowledged by signature and subsequent submission of Addenda with bid when so stated in the Addenda.

5) DIVERSITY ACHIEVEMENT

MINORITY BUSINESS ENTERPRISE (MBE) UTILIZATION

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

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

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

6) SCOPE OF SERVICES

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

7) INTENDED AWARD

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

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

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

3. Section 287.057(11); Minority Business Enterprise

In the event that the application of the above referenced preferences does not resolve the identical replies, http://www.osd.dms.state.fl.us/ the Department shall determine the award by means of random drawing.

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

9) QUALIFICATIONS

9.1 GENERAL

Vendor must meet the following minimum qualifications:

9.1.1 Been actively engaged in the type of business being requested for a minimum of 3 years (1,095 days total).

9.1.2 Crew leader must be certified in advanced MOT.

9.2 BIDDER QUALIFICATIONS

When submitting the bid, each bidder must submit form number 3 (Experience in Roadside Maintenance) detailing their qualifications that demonstrate they meet the minimum qualifications contained in Special Condition 9.1.1, and 9.1.2 above. Failure by the bidder to provide the above item(s) will constitute a non-responsive determination. Bids found to be non-responsive will not be considered.

9.3 AUTHORIZED TO DO BUSINESS IN THE STATE OF FLORIDA

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

Florida Department of State Tallahassee, Florida 32399

(850) 245-6051

9.4 LICENSE TO CONDUCT SERVICES IN THE STATE OF FLORIDA

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

For licensing, contact:

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

(850) 487-1395

10) WARRANTY/SUBSTITUTIONS

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

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

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

11) LIABILITY INSURANCE

The Vendor shall not commence any work until they have obtained the following types of insurance, and certificates of such insurance have been received by the Department. Nor shall the Vendor allow any subcontractor to commence work on this project until all similar insurance required of the subcontractor has been so obtained. The Vendor shall submit the required Certificates of Insurance to the Florida Department of Transportation, Procurement Office, Attn: Ron Critchley, 719 S. Woodland Boulevard, DeLand, Florida 32720 within ten (10) days after the ending date of the period for posting the intended award decision.

The Vendor must carry and keep in force during the period of this contract a general liability insurance policy or policies with a company authorized to do business in the state of Florida, affording public liability insurance with combined bodily injury limits of at least $500,000.00 per person and $1,000,000.00 each occurrence, and property damage insurance of at least $500,000.00 each occurrence, for the services to be rendered in accordance with this contract.

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

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

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

12) PERFORMANCE BOND

A Performance Bond is not required for this project.

13) METHOD OF COMPENSATION

Exhibit “B” Method of Compensation is attached hereto and made a part hereof.

14) CONTRACT DOCUMENT

STANDARD WRITTEN AGREEMENT

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

15) REVIEW OF BIDDER'S FACILITIES & QUALIFICATIONS

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

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

16) PROTEST OF INVITATION TO BID SPECIFICATIONS

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

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

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

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

17) UNAUTHORIZED ALIENS

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

18) SCRUTINIZED COMPANIES LISTS

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

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

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

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

http://procnet.co.dot.state.fl.us/forms/ByNumber.asp?formnumber=375-030-60 http://procnet.co.dot.state.fl.us/forms/ByNumber.asp?formnumber=375-030-60

19) RESERVATIONS

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

20) ADDITIONAL TERMS & CONDITIONS

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

21) RESPONSIVENESS OF BIDS

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

22) BID PRICE PROPOSAL

The bidder must use the attached Bid Price Proposal form to submit its bid. The Bid Price Proposal must be signed and dated in ink by a representative who is authorized to contractually bind the bidder. All Bid Price Proposals and other documentation submitted in response to this solicitation must be executed and submitted according to the instructions in Special Condition 27.

23) ESTIMATED QUANTITIES

The Department anticipates purchasing the estimated quantities shown on the Bid Price Proposal, for a one

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

24) "DRUG-FREE WORK PLACE" PREFERENCE

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

25) COPYRIGHTED MATERIAL

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

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

26) ATTACHMENT TO ITB SUBMITTAL - CONFIDENTIAL MATERIAL

The Bidder must include any materials it asserts to be exempted from public disclosure under Chapter 119, Florida Statutes, in a separate bound document labeled "Attachment to Invitation to Bid, Number DOT-ITB- 26-5002-OMC - Confidential Material". The Bidder must identify the specific Statute that authorizes exemption from the Public Records Law. Any claim of confidentiality on materials the Bidder asserts to be exempt from public disclosure and placed elsewhere in the bid will be considered waived by the Bidder upon submission, effective after opening.

27) ELECTRONIC SUBMISSION OF PROPOSALS:

Electronic Bid Submittals

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

a) Subject line must show: DOT-ITB-26-5002-OMC

b) Email shall contain one file attachment marked as the following: DOT-ITB-26-5002-OMC 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

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 Ron Critchley at 386-943- 5513.

28) MODIFICATIONS, RESUBMITTAL AND WITHDRAWAL

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

29) POSTING OF INTENDED DECISION/AWARD

29.1 - General:

The Department’s decision will be posted on the Florida Vendor Information portal, at https://vendor.myfloridamarketplace.com/, on the date in the Timeline, and will remain posted for a period of seventy-two (72) hours. Any bidder who is adversely affected by the Department's recommended award or intended decision must file the following with the Department of Transportation, Clerk of Agency mailto:D5.Purch@dot.state.fl.us mailto:D5.Purch@dot.state.fl.us

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

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

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

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

29.2 - Inability to Post:

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

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

29.3 - Request to Withdraw Bid:

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

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

30) AWARD OF THE CONTRACT

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

A Standard Written Agreement executed by both parties.

31) RENEWAL

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

32) ATTACHED FORMS

Registration Form, Form No.1.

Bid Price Proposal, Form No. 2.

Experience in Roadside Maintenance, form No. 3.

Drug-Free Workplace Program Certification, Form No. 4.

Vendor Certification Regarding Scrutinized Companies Lists, Form No.5.

MBE Planned Utilization (Form 375-040-24), Form No. 6.

E-Verify Form, Form No. 7.

PUR 1355, Form No. 8 (posted to the Vendor Information Portal as a separate Word document)

33) TERMS AND CONDITIONS

33.1 General Contract Conditions (PUR 1000)

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

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

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

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

33.2 General Instructions to Respondents (PUR 1001)

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

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

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

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

33.3 MFMP Purchase Order Terms and Conditions

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

https://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace/mfmp_agency_custo mers/po_terms_conditions

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

34) ORDER OF PRECEDENCE

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

Standard Written Agreement Instructions to Respondents (PUR 1001) General Conditions (PUR 1000) Introduction Section http://www.dms.myflorida.com/content/download/2933/11777/1000.pdf http://www.dms.myflorida.com/content/download/2934/11780/1001.pdf https://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace/mfmp_agency_customers/po_terms_conditions https://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace/mfmp_agency_customers/po_terms_conditions

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Exhibit A (Revised 8-12-21)

1.0 General Description of Work

The purpose of this solicitation is to establish a contract to provide staffing and equipment to perform routine maintenance services on non-interstate roadways for the Florida Department of Transportation (Department) District Five, located at: Oviedo Operations. Provide two (2) crews.

Routine Maintenance Services will be performed in Seminole and Orange Counties.

The Scope of Work will include furnishing all labor, tools, equipment, and other incidentals necessary to perform the work. The awarded Contractor will be tasked with employing qualified personnel that will provide services described within the Scope of Work.

Routine maintenance services may include, but are not limited to, maintenance and repair activities associated with roadways (to include off-system associated infrastructure), drainage infrastructure, roadside vegetation and aesthetics, traffic services, and emergency response. All work zone traffic control installations associated with performing a maintenance activity are included as part of the maintenance activity itself. Travel from Operation Center to the work site is included in the work activity. The Contractor will receive Work Assignments from the Contract Manager. Contractor’s staff is expected to work under minimal supervision from the Department.

If the Contractor expects to complete the work prior to the end of the anticipated time of completion, coordinate with the Contract Manager for additional work assignments.

2.0 Proposed Maintenance Activities:

The activities listed below are proposed work activities that the contractor may be assigned to complete.

Activity Name Description Unit of Measure

85% of Production Rate

Asphalt Repair – Manual

Repair of roadway pavement depressions, edge raveling, potholes, and leveling of pavement irregularities with hot or cold plant mix material by hand labor method. Other areas of asphalt repairs which are to be reported to this standard are as follows: Paved shoulders, paved turnouts, edge widening, roadway ditches, under guardrail, constructing or maintaining drainage flumes, etc.

Tons

19.368 MH/unit

EXHIBIT "A"

SCOPE OF SERVICES

DISTRICT FIVE SUPPLEMENTAL ROUTINE MAINTENANCE-OVIEDO OPERATIONS

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PROPOSED MAINTENANCE

ACTIVITIES CONTINUED:

Measure

85% of Production Rate

Repairing Non-paved Shoulders, Front Slopes, and Roadside Ditches - Manual

Repairing non-paved shoulders by adding suitable material, or by lowering high areas to include minor work on slopes, ditches, and turnouts. This activity should only be performed in situations requiring attention which are not practical to be corrected by mechanical means. Includes small areas mulched by hand.

This activity includes hauling of necessary/unnecessary materials.

Square Yards

0.194 MH/unit

433 Sodding

Placing sod in areas along the roadside associated with reworking non-paved shoulders, slopes, ditches, median islands, utility strips and repairing washouts. Sod should be used in areas where seeding, fertilizing, and mulching operations have failed to provide desirable turf.

This activity would also include the cutting of sod.

0.368 MH/unit

Reworking Non-paved Shoulders and Front Slopes - Mechanical

Reworking of non-paved shoulders and front slopes and turnouts either by addition of suitable material and reshaping, or by cutting down built-up areas.

This should include the reworking of shoulders done by state forces after a resurfacing project.

Acres

64.4 MH/unit

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Measure

85% of Production Rate

Clean Drainage Structures

Mechanical or manual cleaning of storm drains, french drains, manholes, side drains, cross drains, inlets, piped outfalls, box culverts and other miscellaneous drain structures. Not to include bridge drains.

Linear Feet

0.168 MH/unit

Repair or Replace Storm Drains, Side Drains, Cross Drains

Repair and replacement of storm drains, side drains, cross drains, french drains, trench drains, and mitered ends.

Linear Feet

1.340 MH/unit

457 Concrete Repair

Concrete repair on items such as catch basins, median inlets, headwalls, curb inlets, pedestrian underpasses, seawalls, retention walls, barrier walls, bridges, and box culverts, curb and gutters, paved ditches, paved slopes, flumes or spillways, and rip rap.

Cubic

33.153 MH/unit

Concrete Sidewalk Repair

Repair or replacement of existing sections of concrete sidewalk.

This includes the repair or replacement of truncated domes and concrete driveways.

6.878 MH/unit

Roadside Ditches – Clean and Reshape

Cleaning and reshaping of roadside and right of way ditches

Linear Feet

0.122 MH/unit

Outfall Ditches – Clean and Repair

Cleaning outfall ditches and restoration of slopes and bottom areas.

Linear Feet

0.186 MH/unit

Mitigation Area Maintenance (may delete)

Providing of all efforts necessary to properly maintain mitigation areas. Includes control of nuisance vegetation by herbicide and/or manual removal.

3.472 MH/unit

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Measure

85% of Production Rate

Small Machine Mowing

Mowing the roadside with small hand or riding mowers having a cutting width of 40 inches or less.

Acres

4.6 MH/unit

Weed Control – Manual

Brush, weed, and grass cutting (4 inches in diameter or less) performed with hand tools, including weed eaters.

23.291 MH/unit

Tree Trimming and Removal

The trimming of the height and sides of trees and removal of undesirable trees over 4 inches in diameter. Work includes the chipping and/or removal of all debris from work site.

Manhours

Production will be assigned per location.

Landscaped Area Maintenance

Maintenance of landscaped areas including mowing, weed control, mulching, fertilizing, watering, and replacing plant material.

per location.

Chemical Weed and Grass Control

The application of herbicides to slopes, ditches, fences, guardrail, barrier walls, bridges, curb and gutter, obstructions, shoulders, and other areas within the highway rights of way.

Gallons

0.159 MH/unit

519 Delineators

Installation, replacement, repair and maintenance of flexible and non-flexible roadside delineators and Type II object markers.

Units

0.656 MH/unit

Signs – Ground Signs 30 Square Feet or Less

Installation, replacement, repair, overlay and maintenance of Type I or Type III object markers, signs, sign posts, and the repair and maintenance of small sign structures.

1.282 MH/unit

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Measure

85% of Production Rate

Signs - Ground Signs Over 30 Square Feet and All Overlane Signs

Replacement, repair, and overlay of large signs over 30 square feet and all overlane and cantilever signs. Also includes bolt tightening and torquing.

3.173 MH/unit

522 Sign Cleaning The routine cleaning of signs with a detergent and water solution.

Units

0.161 MH/unit

526 Guardrail Repair Repair of damaged or deteriorated guardrail, handrail, and cable barrier

Linear Feet

0.357 MH/unit

527 Fence Repair Repair or replacement of fence, including replacing deteriorated components.

Linear Feet

0.262 MH/unit

Routine Attenuator Inspection and…