DOT-ITB-27-5003-RWPA COMPLETE.pdf

ITBSHELL.SERVICES 8/29/2025

State of Florida Department of Transportation

INVITATION TO BID

Right of Way Pesticide Application

District Five

DOT-ITB-27-5003-RWPA

719 S. Woodland Boulevard DeLand, Florida 32720-6834

State of Florida

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-27-5003-RWPA

Title: Right of Way Pesticide Application

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/

FORM NO. 2, PAGE 1 OF 2

Bid Sheet

BID #: DOT-ITB-27-5003-RWPA

BID TITLE: District Five Right of Way Pesticide Application

Services to be provided in attached Exhibit “A”, Scope of Services

Table 1

Description Estimated Quantity

Unit Rate Per Acre Total Bid Amount

Pesticide Spraying Application

(Low Drift) *400 Acres

Example: *400 Acres (Estimated Quantity) x Unit Rate Per Acre ($/Acre) = Total Bid Amount ($)

*ESTIMATE QUANTITY (See Special Condition 22).

RENEWAL: (See Special Condition 30)

THE UNIT RATE WILL APPLY TO THE INITIAL TERM AND ANY RENEWAL PERIODS.

NOTE: Unit Rates must be stated specifically in dollars and cents, NOT a percentage increase.

This project will be awarded to the Vendor who provides the lowest Grand Total Price above, providing all line items are bid and all requirements are met as listed in this proposal.

Bid Proposal shall include all Materials, Components, Incidentals, Labor, and any/all other costs for completion of the requirements in Exhibit “A” Scope of Services/Technical Specifications.

The Department reserves the right to correct any mathematical errors.

FORM NO. 2, PAGE 2 OF 2

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 #7d. 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.

Bidder: FEID# _______________________

Address:_______________________________ City, State, Zip: _________________________________

Phone: E-mail:

Authorized Signature: ______________________________________ Date: ______________

Printed/Typed: _________________________________________Title:__________________________

MINIMUM QUALIFICATIONS STATEMENT

How many years has your business performed the type of services being requested?

Provide a written statement detailing your qualifications:

WORK REFERENCES

List the names of three references for which your business has provided similar services.

BUSINESS NAME ADDRESS CONTACT PERSON PHONE NO.

1. ________________________________________________________________________________________

2. ________________________________________________________________________________________

3. ________________________________________________________________________________________

Form No. 3

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-60

Florida Statutes VENDOR CERTIFICATION REGARDING PROCUREMENT

287.135 SCRUTINIZED COMPANIES LISTS OGC – 06/18

Respondent Vendor Name: _____________________________________________________

Vendor FEIN: ___________________

Vendor’s Authorized Representative Name and Title: ___________________________________

Address: ______________________________________________________________________

City: _____________________ State: _____________________________ Zip: ______________

Phone Number: ____________________________________

Email Address: _

Section 287.135, Florida Statutes, prohibits a company or other entity from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of: i) $100,000 or more if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract , the company or other entity is on the Scrutinized Companies or Other Entities that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel; and, ii) $1,000,000 or more if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company or other entity is on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, created pursuant to Section 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria.

As the authorized representative of the company or other entity identified above in the section entitled “Respondent Vendor Name”, I hereby certify that the company or other entity is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, or the Scrutinized Companies or Other Entities that Boycott Israel List. I further certify that the company or other entity is not engaged in a boycott of Israel and is not engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, attorney’s fees, costs, and/or ineligibility to bid on future contracts.

Certified By: __________________________________________________________ who is authorized to sign on behalf of the above referenced company.

Authorized Signature Print Name and Title: _________________________________________

Date:

Form No. 4

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

E-VERIFY

375-031-06

PROCUREMENT

OGC – 11/25

Contract No: DOT-ITB-27-5003-RWPA

Financial Project No(s): 435504-1-72-46

Project Description: District Five Right of Way Pesticide Application

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. 5

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

FOREIGN COUNTRY OF CONCERN ATTESTATION

(PUR 1355)

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

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

"#/*2#+*5'& 2'0,1 31'& )'0'*- )#4' 2)' &'(*-*2*.-1 #1%0*$'& *-6Rule 60A-1.020, F.A.C.

____________________________________ is not owned by the government of a Foreign a Foreign Country of Concern, and the government of a Foreign Country of Concern does not have a Controlling Interest in the entity.

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

Printed Name: __________________________

Title: __________________________________

Signature: ______________________________ Date: _______________

Name of Entity Country of Concern, is not organized under the laws of nor has its Principal Place of Business in

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 State of Florida Department of Transportation (hereinafter referred to as the "Department") is soliciting written bids from qualified bidders to establish a contract to provide District-Wide Right of Way Pesticide Application. 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 September 17, 2026

DEADLINE FOR ALL QUESTIONS September 29, 2026 10:00 am

POSTING OF ALL QUESTIONS AND ANSWERS October 1, 2026 2:00 pm

BIDS DUE (ON OR BEFORE) October 6, 2026 10:00 am

PUBLIC OPENING October 6, 2026 11:00 am

SELECTION COMMITTEE MEETING TO October 12, 2026 8:30 am

DETERMINE INTENDED AWARD

POSTING OF INTENDED DECISION/AWARD October 12, 2026 2:00 pm (must post for 72 hours)

3) BID OPENING AGENDA

The sealed bids will be opened by the Department's Procurement Office personnel at the date, time and location in the Timeline. All bid openings are open to the public and will be conducted according to the following agenda:

Opening remarks – Approximate time of 2 minutes by Department Procurement Office personnel.

Public input period – To allow a maximum of 15 minutes total for public input related to the bid solicitation.

Bids opened – At conclusion of public input or 15 minutes, whichever occurs first, bids received timely will be opened with bidder’s name and prices to be read aloud.

Adjourn - After all bids received timely have been opened, the meeting will be adjourned.

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 20). 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 #7d.

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.

All Questions should be submitted to: D5.ProcurementQuestions@dot.state.fl.us.

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

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) 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.

6) INTENDED AWARD

The Department intends to award this contract to the responsive and responsible bidder that submits the lowest responsive bid.

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

8) QUALIFICATIONS

8.1 GENERAL

Vendor must meet the following minimum qualifications:

8.1.1 Been actively engaged in the type of business being requested for a minimum of 4 years.

8.2 Qualifications of Key Personnel

Those individuals who will be directly involved in the project should have demonstrated experience in the areas delineated in the scope of work. Individuals whose qualifications are presented will be committed to the project for its duration unless otherwise excepted by the Department's Project Manager. Where State of Florida registration or certification is deemed appropriate, a copy of the registration or certificate should be included in the proposal package.

8.3 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

8.4 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

9) 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.

10) 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 32720within 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 $200,000.00 per person and $300,000.00 each occurrence, and property damage insurance of at least $200,000.00 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.

11) PERFORMANCE BOND

A Performance Bond is not required for this project.

12) METHOD OF COMPENSATION

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

13) 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.

14) 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.

15) 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.

16) 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.

17) 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.

Section 287.135, Florida Statutes, prohibits a company or other entity from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of: i) $100,000 or more if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract , the company or other entity is on the Scrutinized Companies or Other Entities that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel; and, ii) $1,000,000 or more if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company or other entity is on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, created pursuant to Section 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria.

If the Department determines the Vendor submitted a false certification under Section 287.135 , 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 , Florida Statutes, or maintain the Contract if the conditions of Section 287.135 , Florida Statutes are met.

18) 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.

19) 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.

20) 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.

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

21) BID SHEET

The bidder must use the attached Bid Sheet to submit its bid. The Bid Sheet must be signed and dated in ink by a representative who is authorized to contractually bind the bidder. All Bid Price Proposals and other documentation submitted in response to this solicitation must be executed and submitted according to the instructions in Special Condition 26.

22) ESTIMATED QUANTITIES

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

23) IDENTICAL PRICING

In the event the Department receives identical pricing or scoring from multiple vendors that would tie the awarded vendor; the Department may, at its discretion, award to all responsive tied vendors or reject all.

24) 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.

25) 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-27-5003-RWPA - 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.

26) 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-27-5003-RWPA

b) Email shall contain one file attachment marked as the following: DOT-ITB-27-5003-RWPA Bid

Submittal

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

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

e) Bids shall be submitted to: 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.

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

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.

27) MODIFICATIONS, RESUBMITTAL AND WITHDRAWAL

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

28) POSTING OF INTENDED DECISION/AWARD

28.1 - 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.

28.2 - Inability to Post:

If the Department is unable to post as defined above, the Department will notify all bidders by electronic notification on the Florida 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.

28.3 - 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

29) AWARD OF THE CONTRACT

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

Standard Written Agreement executed by both parties.

30) RENEWAL

Upon mutual agreement, the Department and the Contract Vendor may renew the Contract for a period that may not exceed 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.

31) ATTACHED FORMS

Registration Form, Form No.1.

Bid Price Proposal, Form No. 2.

Experience in Roadside Maintenance, form No. 3.

Vendor Certification Regarding Scrutinized Companies Lists, Form No.4 E-Verify Form, Form No. 5.

PUR 1355, Form No. 6 Attachment A – Mealybug Spreadsheet Sprayed Areas Attachment B – Mealybug Spreadsheet Identified Areas Attachment C – Mealybug Pesticides

32) TERMS AND CONDITIONS

32.1 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 8(a), Dispute Resolution - PUR 1000 Paragraph 5(l), PRIDE – PUR 1000, when federal funds are utilized.

32.2 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 http://www.dms.myflorida.com/content/download/2933/11777/1000.pdf http://www.dms.myflorida.com/content/download/2934/11780/1001.pdf

32.3 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.

33) ORDER OF PRECEDENCE

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

Standard Written Agreement

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

34) ANTITRUST VIOLATOR VENDOR LIST

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

35) PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL, OR IDEOLOGICAL

INTERESTS IN GOVERNMENT CONTRACTING

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

36) CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES OF CONCERN PROHIBITED

The Proposer must submit, with its Proposal, a completed Foreign Country of Concern Attestation (PUR 1355) (Form 6). Form 6 must be completed by an officer or representative of the Bidder on behalf of the Bidder.

37) AFFIDAVIT REGARDING LABOR AND SERVICES

Prior to contract execution, extension or renewal, the Department shall notify the Contract awardee of the need to download, complete, and submit the FDOT form, Affidavit Regarding Labor and Services, No. 375- 030-31. Please have the form signed and notarized and send a scanned copy to the Department. The nongovernmental entity (Contract awardee) must maintain the original copy in accordance with other provisions of this Agreement or Contract, and in accordance with Florida law.

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

Exhibit“A”

Scope of Work

FLORIDA DEPARTMENT OF TRANSPORTATION

DISTRICT OFFICE

719 SOUTH WOODLAND BLVD

DELAND, FLORIDA 32720

1. PROJECT DESCRIPTION

The Florida Department of Transportation (FDOT) is seeking bids from qualified contractors to apply pesticide in the Right of Way throughout District Five, under direction of FDOT, the Project Manager, and in conjunction with FDOT’s

Environmental Consultant’s approved recommendations. FDOT District Five includes Brevard, Flagler, Lake, Marion, Orange, Osceola, Seminole, Sumter and

Volusia Counties.

2. MINIMUM QUALIFICATIONS

The Contractor and their Project Manager must have been actively engaged in the business of land management for a minimum of four years and demonstrate knowledge in Right-of-Way for the control of nuisance plants or insect pests. The

Contractor’s Project Manager must be able to demonstrate familiarity with common native upland vegetation and pests, typical roadway maintenance procedures and regulatory permit requirements for the control of pests and invasive species. All maintenance activities will be performed by qualified, permanently employed field crews under the supervision of the Contractor’s Project Manager. All insecticides must be applied by or the application directly supervised by an individual who possesses a Florida Department of Agriculture and Consumer Services (FDACS_

Applicator License in the categories of licensure required Right-of-Way Pest Control.

Submit a copy of current certificates to the Department upon Request.

3. CONTRACTOR RESPONSIBILITIES

The Contractor’s Project Manager will attend meetings, tours, and/or inspections of sites at the request of the Department.

A. The Contractor shall provide all supervision, labor, materials, including approved pesticides, water used to mix the pesticides prior to application, tools, equipment and personal protective equipment (PPE), to fulfill the requirements of the Scope of Work.

B. The Contractor shall implement the approved recommendations within seven

(7) calendar days of written approval from the Department’s Project Manager.

The activities required to ensure the management of FDOT Right-of-Way may include, but are not limited to, the following:

1. Pesticide spraying in the FDOT Right-of-Way to eliminate the Pasture

Mealybug.

2. Pesticide applications in the FDOT Right-of-Way must follow all federal and state label directions, FDACS pesticide laws or directives and adhere to state and federal water protection buffers. Cost of pesticides will be incidental to the original bid item. No separate payment will be made.

3. Submit a copy of proper licensing for pesticide application under FDCAS to the Department upon request.

4. Contractor is responsible for providing their own Maintenance of Traffic

(MOT), also known as Temporary Traffic Control (TTC) as needed when applying pesticides in the FDOT Right-of-Way. Cost of MOT will be incidental to the original bid item. No separate payment will be made.

5. Contractor is responsible for the safe collection of water used to mix the pesticides. The Contractor must use appropriate controls to prevent the backflow of pesticides into the public water system or the environment when filling spray tanks.

6. The Contractor must inspect all field equipment used within the FDOT

Right-of-Way prior to relocating the equipment to any new treatment sites. If mealybugs are detected on any equipment, the Contractor shall fully decontaminate the affected equipment before it is moved. All inspections and decontamination activities shall be performed at no additional cost to FDOT.

7. Upon receipt of a Letter of Authorization (LOA), which may be transmitted electronically, the Contactor shall prepare a schedule for the completion of all work tasks. This schedule shall include the date of initiation of each work effort. This schedule is to be submitted within seven (7) days of receipt of the LOA(s) and sent electronically to the Department’s Project

Manager for approval. Any changes to the approved schedule must be discussed with and approved by the FDOT Project Manager.

8. Upon completion of each spraying activity, the Contractor shall provide to

FDOT a written document – describing how, when, and where each activity was conducted, in addition to any documentation of maintenance required by any applicable permits. This documentation will be delivered within seven (7) days of work effort, or included with invoice documents, whichever occurs first.

4. DEPARTMENT RESPONSIBILITIES

FDOT will furnish the following services and data to the Contractor for the performance of their services:

A. Provide general philosophies and guidelines of FDOT to be used in the fulfillment of this contract. Objectives, constraints, budgetary limitations and time constraints will be defined by FDOT.

B. Provide a Project Manager to make recommendations.

C. Review and approve all submittals before submitting reports to the environmental agencies. Approve any contracts with the environmental agencies.

5. ATTACHMENTS

Attachment “A” is a table which shows the GPS coordinates and names of sites in

District Five where FDOT has sprayed for Pasture Mealybugs. This list should not be considered all-inclusive; however, it is representative of typical sites where treatments for mealybugs may be required. The sites requiring treatment may change during this Contract, as new sites are added and other sides deleted.

Attachment “B” is a table which shows the GPS coordinates and names of sites in

District Five where FDOT has identified the existence of mealybugs.

Attachment “C” is a list of the current pesticides recommended for spraying Pasture

Mealybugs. This approved list of pesticides is subject to change.

The Contractor is advised that Attachments “A”, “B”, and “C” are included as part of the Scope of Services, primarily for bidding purposes, only. Due to the eventual success of the spraying program, projects/sites may be deleted and new projects/sites added through the contract period.

6. DURATION OF SERVICES

The duration of this Contract shall be for a period of twelve (12) months with the possibility of one renewal, upon the agreement of the parties involved.

Services to be provided by the Contractor under this Agreement will be initiated and completed as directed y the Department’s Project Manager on each project assigned under this Agreement. Individual projects shall be assigned by a Letter of

Authorization (LOA).

Any project authorized by LOA shall be completed under the terms of the LOA and this Agreement, except that in the event FDOT causes abandonment, cancellation, or suspension of this Agreement, or part thereof or the work there under, FDOT shall compensate the Contractor in accordance with Section 6 of the Contractual

Services Agreement for service rendered up to the time of such abandonment, cancellation, or suspension.

FDOT’s Project Manager shall issue the Contractor an LOA specifying the work to be done and the fees to be paid for each project assigned under this Agreement. No work shall be commenced by the Contractor until receipt of an LOA.

7. METHOD OF COMPENSATION

FDOT agrees to compensate the Contractor for services performed under this agreement in the following manner:

A. The quantities to be determined under this section shall be based on the acres sprayed and accepted by FDOT. Payment shall be made under the following pay item and will be full and final compensation for all work included in this Scope of

Services.

Pesticide Spraying Application (Low Drift) – per acre.

B. Payments shall be due once the work is completed and accepted by FDOT, and based on the amounts listed in Exhibit “B”. Final payment shall be due and payable upon satisfactory completion of services, approval, and acceptance of the contract deliverable by FDOT. Payment shall be made only after receipt and

FDOT approval of invoices.

Exhibit “B”

Method of Compensation

1.0 PURPOSE:

This Exhibit defines the limits of compensation to be made to the Vendor for the services set forth in Exhibit “A”, Scope of Services, and the method by which payments shall be made.

2.0 ASSIGNMENT OF WORK:

The Department shall request Vendor services on an as-needed basis. Services to be provided on each project will be initiated and completed as directed by the Project Manager. A "Task Work Order" will be issued for each project scheduled.

3.0 FUNDING

The budgetary ceiling is $150,000.00. The total funding currently available is $150,000.00. The Department, based on need and availability of budget, may increase or decrease the amount of funding available as the Department determines is appropriate by Letter of Authorization.

Each Letter of Authorization will detail the amount of funding being added and the total amount authorized to date.

4.0 COMPENSATION:

This is a Term Contract for an Indefinite Quantity whereby the Vendor agrees to furnish services during a prescribed period of time. The specific period of time completes such a contract. The Department will authorize services based on need and availability of budget.

Execution of this Agreement does not guarantee that the work will be authorized.

5.0 ESTABLISHMENT OF TASK WORK ORDER (TWO) AMOUNT:

For each "Task Work Order" (TWO) the Vendor, following the Scope of Services as set forth in Exhibit "A", shall prepare an estimate of work and price based on the rates established in the Bid Price Proposal form, and allowable expenses. Once an acceptable Maximum Amount has been agreed upon by the Vendor and the Department's Project Manager, a "Task Work Order" shall be issued by the Project Manager.

All work authorizations shall be completed within the term of this Agreement.

6.0 PROGRESS PAYMENTS:

The Vendor shall submit monthly invoices (3 copies) in a format acceptable to the Department.

For the satisfactory performance of the services detailed in each TWO, the Vendor shall be paid up to the Maximum Amount of each Authorization. Payment shall be made, for the services provided, at the unit billing rates specified in the Bid Price Proposal, Form No. 2, as approved by the Department. The contract billing rates shall include the costs of salaries, overhead, fringe benefits and operating margin.

Payment for expenses shall be made on the basis of actual allowable cost incurred as authorized and approved by the Department.