DOT-ITN-25-6024 - Invitation to Negotiate.pdf

State of Florida Department of Transportation

District Six Procurement Office 1000 NW 111th Avenue, Room 6202-B

Miami, Fl 33172

INVITATION TO NEGOTIATE REGISTRATION

PLEASE COMPLETE AND RETURN THIS FORM ASAP

BY E-MAIL TO D6.PURCH@DOT.STATE.FL.US

ITN Number: ITN-DOT-25-6024 .

Title: RAPID INCIDENT SCENE CLEARANCE (RISC) CONTRACT FOR DISTRICT SIX.

Sealed Reply Due Date & Time: May 6, 2025, AT 10:00AM.

Vendors should notify our office by returning this Registration Form as soon as possible after downloading. Complete the information below and email this sheet only to the Florida Department of Transportation Procurement Office at D6.purch@dot.state.fl.us, or mail to the address noted above.

THE INVITATION TO NEGOTIATE DOCUMENT YOU RECEIVED IS SUBJECT TO

CHANGE. Notice of changes (addenda), will be posted on the Florida Vendor Bid System at www.myflorida.com , under this ITN number (click on "BUSINESS", click on "Doing Business with the State", under "Everything for Vendors and Customers", click on "Vendor Bid System (VBS)", then click on "Search Advertisements", click on the drop-down arrow beside the box under Advertisement Type, select Competitive Solicitation, click on the drop-down arrow beside the box under Agency, select DEPARTMENT OF TRANSPORTATION, then go to the bottom of the same page and click on Search Advertisement. It is the responsibility of all potential vendors to monitor this site for any changing information prior to submitting your reply.

Company Name:

Address:

City, State, Zip:

Telephone: ( ) Fax Number: ( ) _

Contact Person:

Internet E-Mail Address: __________________________________________________

For further information on this process, e-mail or telephone: Lester Silva at (305) 470-5402;

D6.purch@dot.state.fl.us

INVITATION TO NEGOTIATE

RAPID INCIDENT SCENE CLEARANCE (RISC) FOR

DISTRICT SIX

MIAMI-DADE COUNTY

DOT-ITN-25-6024

CONTACT FOR QUESTIONS:

Lester Silva, Senior Contract Specialist

D6.purch@dot.state.fl.us Phone: (305) 470-5402

Florida Department of Transportation 1000 NW 111th Avenue, Room 6202-B

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 replies from vendors interested in participating in competitive negotiations to establish a term contract to provide Rapid Incident Scene Clearance (RISC) services for District Six in Miami-Dade County. It is anticipated that the term of the agreement will be from the date of contract execution through October 2029.

The Department considers that time is of the essence in the vendor’s performance of required services. The incident scene clearance services described herein are considered by the Department to be the required emergency action for each motor vehicle crash or incident covered under this contract.

The Department intends to execute non-exclusive contracts with all responsive and responsible Vendors whose proposals are determined by the Technical Review Team to comply with contract specifications.

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 Bid System at www.myflorida.com (click on “BUSINESS”, click on “Doing Business with the State”, under “Everything for Vendors and Customers”, click on “Vendor Bid System (VBS)”, click on “Search Advertisements”) under this ITN number. It is the responsibility of all potential vendors to monitor this site for any changing information prior to submitting your reply.

ACTION / LOCATION DATE TIME

DEADLINE FOR

TECHNICAL QUESTIONS 5:00PM APRIL 28, 2025

PROPOSALS DUE (ON OR BEFORE) 10:00AM MAY 6, 2025

Via Email: D6.Purch@dot.state.fl.us

PUBLIC OPENING 2:00PM MAY 6, 2025

10:00AM

POSTING OF INTENDED AWARD - 12:00PM

MAY 27, 2025

Florida Department of Transportation District Six Main Building 1000 NW 111 Avenue

(305) 470-5100

PUBLIC MEETING FOR SELECTION- MAY 27, 2025

District Six Main Building 1000 NW 111 Avenue

SUBSEQUENT

PROPOSALS DUE - FIRST TUESDAY OF EACH MONTH 10:00AM

Via Email: D6.Purch@dot.state.fl.us

SUBSEQUENT

PUBLIC MEETING FOR FINAL SELECTION- EACH MONDAY OF THE MONTH 10:00AM

Florida Department of Transportation District Six Main Building 1000 NW 111 Avenue

3) PUBLIC MEETING AGENDA

Agenda – Public Opening (Initial Replies)

Agenda for Public Opening of initial replies to ITN-DOT-25-6024:

Starting Time: see “Timeline” in ITN solicitation

- Opening remarks of approx. 2 minutes by Department Procurement Office personnel.

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

ITN solicitation.

- At conclusion of public input or 15 minutes, whichever occurs first, the initial replies received timely will be opened, with respondent’s name read aloud and tabulated.

- Adjourn meeting

Agenda – Meeting to Summarize & Determine Intended Award Agenda for Meeting to Summarize and Determine Intended Award for ITN-DOT-25-6024:

Starting Time: see Timeline in ITN solicitation

- Opening remarks of approx. 2 minutes by Department Procurement Office personnel.

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

ITN solicitation.

- At conclusion of public input or 15 minutes, whichever occurs first, recap and discussion among evaluation team(s) to determine selection for award.

- Announce respondent(s) selected for Intended Award.

- Announce time and date the decision will be posted on the Vendor Bid System (VBS).

- Adjourn.

4) SPECIAL ACCOMMODATIONS

Any person with a qualified disability requiring special accommodations at a pre-reply conference, public meeting, oral presentation and/or opening shall contact the contact person at the phone number, e-mail address or fax number 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

VENDORS MUST BE ACTIVELY REGISTERED IN THE STATE OF FLORIDA’S

MYFLORIDAMARKETPLACE SYSTEM BY THE TIME AND DATE THE SEALED REPLIES ARE

DUE OR THEY MAY BE CONSIDERED NON-RESPONSIVE (see Special Condition 18). All prospective vendors 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.

However, all vendors should be aware that effective November 1st, 2015 through July 1st, 2016, in accordance with Senate Bill 2502-A, the Transaction Fee will change from one percent (1%) to seven-tenths of one percent (.70%) of the payment issued. 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(26), 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 Negotiate 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 vendors will be posted on the Florida Vendor Bid System at www.myflorida.com (click on “BUSINESS”, click on “Doing Business with the State”, under “Everything for Vendors and Customers”, click on “Vendor Bid System (VBS)”, click on “Search Advertisements”), under this ITN number. It is the responsibility of all potential vendors to monitor this site for any changing information prior to submitting their reply.

WRITTEN TECHNICAL QUESTIONS should be submitted to:

Lester Silva D6.purch@dot.state.fl.us Florida Department of Transportation 1000 NW 111th Avenue, Room 6202B Miami, Fl 33172

Questions regarding administrative aspects of the procurement process should be directed to the Procurement Agent in writing at the address above or by phone: (305) 470-5402

4) CHANGES TO THE INVITATION TO NEGOTIATE (ADDENDA)

Notices of changes (addenda) will be posted on the Florida Vendor Bid System at www.myflorida.com (click on “BUSINESS”, click on “Doing Business with the State”, under “Everything for Vendors and Customers”, click on “Vendor Bid System (VBS)”, click on “Search Advertisements”) under this ITN number. It is the responsibility of all potential vendors to monitor this site for any changing information prior to submitting your reply. All addenda will be acknowledged by signature and subsequent submission of addenda with reply when so stated in the addenda.

5) PUBLIC MEETINGS

Specific events in the competitive negotiation process will be conducted at a public meeting of the Technical Review Team. The specific events are noted in the Timeline (see Section 2 of Introduction Section).

Minutes will be taken at all Public Meetings and will be retained in the procurement file.

6) SCOPE OF SERVICES

Details of the desired commodity/services, information and items to be furnished by the Vendor are described in Exhibit “A”, Scope of Services/Specifications, attached hereto and made a part hereof.

Documentation of any revisions that may occur during the competitive negotiation process will be retained in the procurement file.

7) QUALIFICATIONS

7.1 All requirements are included in Exhibit “A” – Scope of Services.

7.2 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 reply due date and time, but in any case, must be obtained prior to posting of the intended award of the contract. For authorization, contact:

Florida Department of State Tallahassee, Florida 32399

(850) 245-6051

7.3 Licensed to Conduct Business in the State of Florida

If the business being provided requires that individuals be licensed by the Department of Business and Professional Regulation, such licenses should be obtained by the reply 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

8) 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, Lester Silva, Senior Contract Analyst, Florida Department of Transportation, 1000 NW 111th Avenue, Room 6202B, Miami Fl 33172 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 the 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 $ 300,000.00 per person and $

300,000.00 each occurrence, and property damage insurance of at least $ 150,000.00 each occurrence, for the services to be rendered in accordance with the contract.

All insurance policies shall be with insurers qualified and licensed to do business in the state of Florida.

Such policies shall provide that the insurance is not cancellable except upon thirty (30) days prior written notice to the Department.

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.

9) DIVERSITY ACHIEVEMENT

DISADVANTAGED BUSINESS ENTERPRISE (DBE) UTILIZATION

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

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

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

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

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

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

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

To request certification or to locate DBEs, call the Department of Transportation’s Equal Opportunity Office at (850) 414-4747, or access an application or listing of DBEs on the Internet at www.dot.state.fl.us/equalopportunityoffice/ .

10) CONTRACTUAL OBLIGATIONS

10.1 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 reply, the vendor agrees to be legally bound by these terms and conditions.

11) METHOD OF COMPENSATION

Method of Compensation, Exhibit “B”, is attached hereto and made part of this solicitation.

12) EVALUATION PROCEDURE

The Technical Review Team; composed at least three (3) members who collectively have experience and knowledge of the program areas and services requirements will evaluate the replies. Once each committee member has conducted their individual review of the replies, the Technical Review Team may conduct an on-site visit to the vendor’s facilities.

The Department will enter into negotiations with those firms determined to have submitted a responsive reply.

13) REVIEW OF VENDOR'S FACILITIES & QUALIFICATIONS

The Department reserves the right to perform or have performed an on-site review of the Vendor's facilities and qualifications. This review will serve to verify data and representations submitted by the Vendor and may be used to determine whether the Vendor has an adequate, qualified, and experienced staff, and can provide overall management facilities. Should the Department determine that the reply / proposed negotiations have material misrepresentations or that the size or nature of the Vendor's facilities 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 reply / proposal.

14) PROTEST OF INVITATION TO NEGOTIATE SPECIFICATIONS

Any person who is adversely affected by the contents of this Invitation to Negotiate must file the following with the Florida Department of Transportation, Clerk of Agency Proceedings, Haydon Burns Building, 605 Suwannee Street, MS-58, Tallahassee, Florida 38399-0450:

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.

15) CONTRACT RENEWAL

All resulting contracts from this ITN may be renewed for a period that may not exceed 3 years or the term of the original contract, whichever period is longer. Renewals shall be contingent upon satisfactory performance evaluations by the Department and subject to the availability of funds. Renewal of the contract shall be by mutual agreement in writing and shall be subject to the same terms and conditions set forth in the initial contract and any written amendments signed by the parties.

16) ELECTRONIC SUBMISSION OF PROPOSALS:

16.1 Electronic Proposal Submittals

Please follow the below instructions for the submittal of electronic Proposals, 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-ITN-25-6024

b) Email shall contain one file attachment marked as the following: DOT-ITN-25-6024 Proposal 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) Proposals shall be submitted to:

D6.Purch@dot.state.fl.us

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

16.2 Proposal Content

Vendors shall complete the proposal forms contained in Exhibit C & D.

17) COOPERATIVE PURCHASING

In addition to use by the Department, and with the consent of the Vendor and the Department, other road/highway entities in the State of Florida may obtain the services of the Vendor under the terms and conditions of this contract agreement. The applicable purchasing laws, rules, and regulations of those governmental entities shall apply to their use of this contract.

18) RESPONSIVENESS OF REPLIES

Other conditions which may cause rejection of replies include, but are not limited to, evidence of collusion among Vendors, obvious lack of experience or expertise to perform the required work, failure to perform or meet financial obligations on previous contracts, or in the event an individual, firm, partnership, or corporation is on the General Services Administration Excluded Parties List.

19) COPYRIGHTED MATERIAL

Copyrighted material will be accepted as part of the reply or a negotiation session 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.

20) ATTACHMENT TO ITN SUBMITTALS - CONFIDENTIAL MATERIAL

The Vendor 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 Negotiate, DOT-ITN-25-6024 - Confidential Material". The Vendor must identify the specific Statute that authorizes exemption from the Public Records Law. Any claim of confidentiality on materials the Vendor asserts to be exempt from public disclosure and placed elsewhere in the reply will be considered waived by the Vendor upon submission, effective after opening.

21) 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.

22) COSTS INCURRED IN RESPONDING

This Invitation to Negotiate does not commit the Department or any other public agency to pay any costs incurred by an individual firm, partnership, or corporation in the submission of a reply or subsequent negotiations or to make necessary studies or designs for the preparation thereof, nor to procure or contract for any articles or services.

23) (EMAIL) REPLIES TO: (DO NOT FAX)

District Six, Procurement Office Lester Silva

D6.PURCH@DOT.STATE.FL.US

1000 NW 111th Avenue, Room 6202B Miami, Florida 33172

Replies to this ITN must be submitted electronically and should be labeled DOT-ITN-25-6024 by the receipt of replies date on the ITN Schedule.

24) OPENING OF SEALED REPLIES

All reply openings are open to the public. Replies will be opened by the Department at the date, time and location in the Timeline (See Introduction Section 2, Timeline), unless the date is a State holiday wherein the opening will be the next work day at the same time. The public may attend the opening but may not review any replies submitted until they become public records in accordance with Section 119.07, Florida Statutes.

25) PROPOSED NEGOTIATION PROCESS

The Department intends to negotiate with each vendor whose response to this ITN has been determined responsive. The negotiations will focus on the vendor’s qualifications and requirements as set forth in the contract Scope of Work.

26) MULTIPLE AWARDS

The Department intends to enter into a contract with each vendor the Department has selected and in which the Department has successfully completed negotiations.

27) POSTING OF INTENDED AWARD

27.1 Once the Department has successfully completed negotiations with the firm, the Department intended award decision will be posted according to law and rule. The Department intended awards as indicated through posting will not be binding on the Department until an agreement has been executed by the parties. Since multiple awards will be made under this procurement and such awards will be made over time, the Department’s posting of its intended awards will be made on Tuesday of each week provided an intended award is to be posted.

27.2 The Department’s decision will be posted on the Florida Vendor Bid System, at www.myflorida.com, (click on “BUSINESS”, click on “Doing Business with the State”, under “Everything for Vendors and Customers”, click on “Vendor Bid System (VBS)”, on date and time in the Timeline, and will remain posted for a period of seventy-two (72) hours. Any vendor who is adversely affected by the Department's recommended award or intended decision must file the following with the Florida Department of Transportation, Clerk of Agency Proceedings, Haydon Burns Building, 605 Suwannee Street, MS-58, Tallahassee, Florida 38399-0450 :

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. If the notice advises of the bond requirement but a bond or statutorily authorized alternate is not posted when required, the agency shall summarily dismiss the petition.

28) AWARD OF THE CONTRACT

Following expiration of the posting period for an intended award as described in Section 27, the Department will execute a standard written agreement with those Vendors selected by the Department. The standard written agreement will include the final negotiated terms, conditions, specifications, and prices.

29) ATTACHED FORMS

Exhibit “A” Scope of Services, Including:

Attachment A – Open Road Policy Agreement

Attachment B – Events. Crashes or Traffic Incidents Utilizing the Services of the Recovery Vendor for Rapid Incident Scene Clearance

Attachment C – Attachment D – Guidelines for the Mitigation of Accidental Discharges of Motor Vehicle and Fluids (Non-Cargo)

Exhibit “B” Method of Compensation Exhibit “C” – Areas of Coverage for RISC Exhibit “D” – Proposal Forms Standard Written Agreement Drug-Free Workplace Program Certification Scrutinized Companies List DBE Participation Statement Bid Opportunity List

30) TERMS AND CONDITIONS

30.1 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 will 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.

30.2 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

31) ORDER OF PRECEDENCE

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

Special Conditions Scope of Services / Specification

Standard Written Agreement Exhibit “A” Scope of Services, including Attachments A, B, C & D

Exhibit “B” Method of Compensation Exhibit” C” Vendor’s Area of Coverage

Exhibit “D” Guidelines for the Mitigation of Accidental Discharges of Motor Vehicle and Fluids (Non-Cargo)

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

RAPID INCIDENT SCENE CLEARANCE

(RISC) FOR DISTRICT SIX

EXHIBIT “A”

SCOPE OF SERVICES

Exhibit “A” – Page 1

EXHIBIT “A”

SCOPE OF SERVICES

RAPID INCIDENT SCENE CLEARANCE (RISC)

1. PROJECT OBJECTIVE

1.1 In an effort to provide the traveling public of the State of Florida with a cost-effective, high-quality, transportation infrastructure, the Florida Department of Transportation (hereinafter referred to as "Department" or “FDOT”) has implemented the “Open Roads Policy” attached hereto as Attachment “A” for Quick Clearance for Safety and Mobility to make travel in Florida safer and more efficient. Consistent with the Open Roads Policy, FDOT District Six (hereinafter referred to as “District” or “Department”) has adopted an innovative clearance strategy by implementing the Rapid Incident Scene Clearance (RISC) Program in order to significantly reduce the time it takes to clear major accidents and incidents.

1.2 Towing regulations for heavy-duty wreckers currently used in Florida were developed decades ago.

Heavy trucks hauling larger loads now require specialized equipment and skilled operators to quickly remove them after an incident. This contract provides an incentive to clear wreckage and open roads as quickly as possible. This contract does not eliminate the current Class “C” (Heavy-duty) wrecker class that will continue to be utilized to remove trucks and buses that are disabled.

1.3 This agreement and RISC funding will be for use on limited-access highways and roadways identified by the District Program Manager. The District Program Manager will coordinate with state and local agencies to ensure that coverage for non-limited access highways identified in this contract does not interfere with an established wrecker rotation. See section 8.3 for the list of roadways that are included in the District’s RISC Program.

2. GENERAL DESCRIPTION

2.1 The Department may grant to a towing and recovery company (hereinafter “Vendor”) a nonexclusive privilege to provide RISC Services for those events, crashes, or traffic incidents described in Attachment “B”.

2.2 The Vendor agrees to provide professional incident clearance and vehicle recovery services in accordance with the terms and conditions described herein and in compliance with all Florida Highway Patrol (hereinafter “FHP”), local city and county police officers, and Florida Department of Transportation Rules and Regulations, all local city and county Rules and Regulations, and applicable provisions of the Florida Administrative Code (FAC) and Motor Vehicle Statutes.

2.3 The Vendor’s relationship to the Department is that of an independent contractor authorized to perform incident scene clearance and vehicle recovery services on the Department’s roadway system, including other systems outside of the District boundaries, in strict compliance with the terms and conditions contained herein.

2.4 Should the Department determine that the Vendor under this agreement is unable to assist, perform, or provide adequate services or equipment, the Department reserves the right to utilize additional services or equipment from any available source. The Department also reserves the right to modify the designated limits of responsibility of the Vendor at any time.

Exhibit “A” – Page 2

2.5 The Vendor and all their operators, employees, and subcontractors shall cooperate and comply with the guidance of the FHP, local law enforcement, and/or Department authorized representatives pertaining to scene safety and traffic control.

3. GENERAL REQUIREMENTS

3.1 When activated to provide RISC services in response to an incident, the Vendor shall respond with all equipment and materials specified in Attachment “C,” including, but not limited to, two Recovery Wreckers and one Recovery Support Vehicle described therein, as well as any other vehicles and/or equipment the Department and/or FHP determines is needed to safely and properly clear the incident scene.

3.2 The Vendor shall perform all work in accordance with Department Specifications (including all Supplemental Specifications and Special Provisions in the Specification Workbook), 2024 Design Standards, and Manual of Uniform Traffic Control Devices (MUTCD).

Internet locations:

2024 FDOT Design Standards: Standard Plans - FY 2023-24 (fdot.gov) MUTCD: MUTCD 11th Edition - FHWA MUTCD (dot.gov)

3.3 Proper health and safety measures will be taken to ensure safety for the traveling public, Department employees, Vendor employees, and subcontractor employees.

3.4 The owner(s) of heavy-duty recovery companies applying for RISC vendor status shall submit a copy of the FDLE background investigation prior to final contract acceptance. Fees associated with the background investigation shall be the responsibility of the Vendor.

4. INCIDENT RESPONSE REQUIREMENTS AND NOTIFICATIONS

4.1 The Vendor shall respond to Department requests for vehicle recovery and clearance services as soon as possible but no later than five (5) minutes from the Department’s authorized representative initial contact with the Vendor requesting RISC activation. To qualify for RISC mobilization incentive payments, the Vendor shall arrive on the scene with the required vehicles, equipment, and materials as specified in Attachment “C” within sixty (60) minutes in urban areas and ninety

(90) minutes in rural areas, from the time RISC activation is requested unless an alternative arrival time is agreed upon and approved by the Department for a specific zone. The arrival time frame begins with an initial call to the Vendor. If the selected vendor has not responded within five (5) minutes of the initial call, the next available Vendor will be contacted.

4.2 The Vendor shall be available to provide these services twenty-four (24) hours a day, seven (7) days a week, and to provide the arrival status of their personnel and equipment upon request by the Department. The Vendor shall provide the Department with a telephone number at which the Vendor can be contacted at all times. Under no circumstances will answering services be allowed.

4.3 Upon the Department’s request for RISC services, the Vendor shall provide the Department with an estimated arrival time. The Vendor shall not transfer calls for recovery services to another Vendor. In the event the Vendor is unable to respond, the Vendor must notify the requestor. The Vendor will be rotated to the bottom of the rotation list, and the next Vendor on the list will be contacted to respond. If no Vendors within the local service area are able to respond, the next closest vendor from another service area may be called. If a vendor in the next closest service area is called, the response time will be adjusted accordingly. The response time specified herein shall be strictly enforced. Failure to respond to a call for RISC services will result in the Vendor being moved to the bottom of the rotation list. Late arrival at the incident site will result in non-payment

Exhibit “A” – Page 3 of the mobilization incentive. Failure to respond after the Vendor has agreed to the request for RISC implementation shall be considered a breach of this Contract. Vendors with multiple incidents of failure to arrive may be removed from the RISC rotation list at the District Project Manager’s discretion.

4.4 Notifications – The vendor shall notify the FDOT Traffic Management Center at the following points:

A. When the Vendor is en route to the incident scene;

B. When each required equipment and vehicle has arrived on scene;

C. When the Vendor arrives at the incident scene with all required equipment;

D. When additional equipment is required for recovery (if applicable);

E. When each additional equipment has arrived on scene (if applicable);

F. When the Vendor is given the Notice to Proceed (NTP);

G. When the NTP is stopped and/or restarted;

H. When all travel lanes are cleared;

I. When all shoulder/non-paved right-of-way area(s) have been cleared.

Additionally, should Fire Rescue, FHP, local law enforcement, or the Department instruct the Vendor to halt RISC operations (pause NTP) at the incident location, the Vendor shall notify the FDOT Traffic Management Center of the following:

A. The time RISC operations at the incident location are halted (NTP paused).

B. The reason(s) RISC operations at the incident location are halted.

C. The time RISC operations at the incident location are resumed (NTP Resumed).

The Vendor shall record in an incident log the time it notifies the FDOT Traffic Management Center of each event described above. The Vendor may use its own incident log form, as approved by the Department, and shall make all incident log records available to the Department upon request.

Phone numbers for the FDOT Traffic Management Center will be provided to the vendor upon acceptance of this agreement by both parties.

5. TERMINATION

5.1 The Department reserves the right, at its sole discretion, to terminate this agreement for breach of a term of this agreement upon thirty (30) days written notice to the Vendor by certified mail.

5.2 The Department reserves the right to terminate this agreement at any time, for any reason, upon sixty (60) days prior written notice by certified mail.

5.3 The Department shall be notified of any change of ownership. Change of ownership or termination of the Vendor’s business shall be grounds for immediate termination of this agreement.

Exhibit “A” – Page 4

6. INDEMNITY

6.1 In addition to the indemnity in the Basic Agreement, the Vendor shall indemnify and hold harmless the Department, its officials, officers, employees, consultants, and agents from and against any and all liabilities, claims, injuries, damages, penalties, actions, suits, losses, costs expenses and attorneys’ fees resulting from or arising out of Department requests for vehicle recovery services or incident scene clearance on the Department’s roadway system.

7. MISCELLANEOUS

7.1 This is a non-exclusive agreement. The Department intends to allow other companies to perform vehicle recovery and incident scene clearance on a rotation basis within the area being serviced by the Vendor. Initially, assignment within a rotation shall be based on the contract execution date, with the Vendor having the earlier contract execution date given the first roadway incident scene clearance.

Once a Vendor performs RISC services, the Vendor will be placed at the bottom of the rotation.

New Vendors added to the rotation will always be added to the bottom of the rotation even though another Vendor may have already performed services, as the rotation existed at the time of contract execution.

In some instances, there may be only one Vendor in a given service area, and there would not be a rotation list. The one Vendor would receive all RISC calls for that area until such time as another vendor(s) is contracted with to provide services in that service area. The rotation list shall be managed by the District.

The District shall have the sole discretion to establish the number of Vendors that are allowed to perform RISC operations on the roadways within its boundaries. Furthermore, the District shall have the authority to approve/add or deny/remove Vendors from the RISC rotation as needed.

7.2 If the Vendor is contacted by a party other than the Department to provide the services described herein, the Vendor shall notify the Department of the request and obtain approval of the request prior to responding. Failure to do so will automatically cause the Vendor to forfeit the performance payments contained in Exhibit “B”, Method of Compensation. However, the Vendor would be eligible for the performance payments if the Vendor was at the top of the rotation list and authorized by the Department prior to responding.

7.3 The Vendor or any of its operators or employees shall not provide gratuities, commissions, kickbacks, or complimentary services of any kind to any officials, officers, employees, consultants, or agents involved with activating and/or running RISC.

7.4 Vendor agrees to provide copies of their itemized invoice to the Department for review and use.

Copies of itemized invoices shall be submitted to the Department within five (5) business days from the date of the initial request.

7.5 Vendor must take digital photographs both prior to and upon completion of RISC activities at the incident location. The photographs must be detailed in showing lane blockage and affected traffic from the incident scene, as well as the vehicles involved and any spilled loads (if applicable). All photographs shall include the name of the person taking the photographs, along with the date, time, and location of the recovery. Additionally, copies of all photos taken are to be provided to the FDOT Project Manager at the same time the invoice is submitted. Electronic copies are acceptable.

Vendor is to retain all originals.

Exhibit “A” – Page 5

8. RECOVERY AREAS

8.1 The Department may review the recovery area boundaries periodically to ensure that the level of service in each area is consistent with the quick clearance goals stated in the Open Roads Policy.

8.2 Recovery wrecker companies need not be located within the area boundaries, but they must mobilize and respond to calls within the indicated response time.

8.3 This agreement covers RISC by the Vendor for those segments of the following limited access highways, interchanges, ramps, and other roadways identified within the jurisdiction and operational control of the Department. Other areas in and outside the District boundaries may be added at any time as the need arises and/or in order to coordinate RISC response with other districts.

ROADWAY DESCRIPTION COUNTY

95 Express Facility From I-195 to the Miami-Dade/Broward County line Miami-Dade - 13.0 Miles

75 Express Facility From SR 826 to the Miami-Dade/Broward County line.

Including 75 Express exit ramps to Homestead Extension Florida’s Turnpike (HEFT)

Miami-Dade - 5.2 Miles

Palmetto Express Facility From SW 24 Street/Coral Way to NW 154 Street/Miami Lakes Drive

Miami-Dade - 13.0 Miles

I-75 From SR 826 (Palmetto Expressway) to the Miami- Dade/Broward County line. Including exit ramps to the Homestead Extension Florida Turnpike (HEFT)

Miami-Dade - 5.4 Miles

SR 836/I-395

From NW 7 Avenue to the west end of MacArthur Causeway Bridge

Miami-Dade - 1.2 Miles

SR 826/Palmetto Expressway

From SR 5/US 1/South Dixie Highway to SR 7 at the Golden Glades Interchange

Miami-Dade - 24.5 Miles

SR 9A/I-95

From SR 5/US 1/South Dixie Highway to Miami- Dade/Broward County line

Miami-Dade - 17.2 Miles

SR 112/I-195 From NW 12 Avenue to SR 907/Alton Road Miami-Dade - 4.9 Miles

SR 970/Downtown Distributor

From SR 9A/I-95 to SE 2 Avenue/SR 5/US 1 Biscayne Boulevard

Miami-Dade - 0.5 Miles

SR 25/US 27/Okeechobee Road

From SR 826 to Miami-Dade/Broward County Line Miami-Dade - 10.2 Miles

SR 997/Krome Avenue (Segment 1)

From US 27/Okeechobee Road to North Kendall Drive/SW 88 Street

Miami-Dade – 19.3 Miles

SR 997/Krome Avenue *(Segment 2)

From North Kendall Drive/SW 88 Street to Eureka Drive/SW 184 Street

Miami-Dade - 6.5 Miles

SR 997/Krome Avenue **(Segment 3)

From Beyond Eureka Drive/SW 184 Street to SW 296 Street

Miami-Dade - 7.0 Miles

MacArthur Causeway/State Highway A1A

From the west end of MacArthur Causeway Bridge to Alton Road

Miami-Dade - 3.1 Miles

*The Arrival Time for Segment two (2) on SR 997/Krome Avenue shall not exceed 90 Minutes.

**The Arrival Time for Segment three (3) on SR 997/Krome Avenue shall not exceed 120 Minutes.

Exhibit “A” – Page 6

8.4 The Vendor shall be responsible for providing RISC services for all the roadways described in Section 8.3 and outlined in Exhibit “C”. The FDOT representative can allow additional response time (arrival to the scene with all three pieces of contract required equipment, i.e., two wreckers and one support vehicle) for a vendor who is responding to a RISC activation outside of their originally contracted area.

8.5 The Department reserves the right to add new coverage areas as needed to meet the District’s requirements. After the contract is awarded, the Department may also request modifications or expansions to existing coverage areas. Once a new or modified coverage area is approved by the Department, the Vendor will be notified via email. Note that these coverage areas may exceed beyond the District boundaries.

8.6 If an incident occurs and no vendors assigned to that area are available, the Department may contact a RISC contractor outside of that area, ask them to respond and grant an extension to the normal response time.

9. VENDOR REQUIREMENTS AND QUALIFICATIONS

9.1 The ultimate equitable owner/owners of the wrecker company shall be required to submit documentary proof showing previous experience and extensive knowledge in working Heavy Duty Towing and Recovery business. Vendor shall be in good standing on the FHP wrecker rotation list for the coverage areas identified in this contract. The District shall be responsible for coordinating with FHP to verify the standing of Vendors on the FHP wrecker rotation list. The Project description, dates, photos, and locations of successfully completed projects shall be submitted with the Vendor’s proposal. The award of the contract will be contingent on the demonstrated experience, knowledge, quality of work, and inspection/approval of equipment and facilities.

9.2 When applicable, the Company must be registered with the State of Florida Department of

Agriculture and Consumer Services and maintain registration for the term of the Agreement.

9.3 If the Vendor’s primary place of business is located within a county or municipality that requires by local ordinance, an occupational license, said license must be maintained for the term of the Agreement.

9.4 If the Vendor’s primary place of business is located within a county or municipality that requires operators to have a special license, certification, or background check, operators shall have and maintain said licenses, certifications, or background checks for the term of the Agreement.

9.5 The Vendor must comply with all Rules and Statutes and provide evidence of current and valid insurance coverage required by the State of Florida and by the FHP Authorized Wrecker Program.

Florida Highway Patrol Policy# 17.02 Florida State Statute 321.051 Florida Administrative Code Rule 15B-9 or other applicable law

Vendor shall be subject to the standard rules and policies already established by the FHP.

Suspensions from the FHP wrecker rotation list will be grounds for termination of this contract.

Exhibit “A” – Page 7

9.6 The Vendor must maintain current and up-to-date CDL driving records, employment records, and training records on all Operators and make them available for inspection by the FHP, local law enforcement, and the Florida Department of Transportation or their authorized representatives.

9.7 The Vendor shall be proficient and able to demonstrate “Expedited Roadway Clearance Practices” and “Incident Scene Safety” including:

A. Single lane uprighting of loaded tractor trailers; and, B. Relocation of loaded, overturned tractor-trailers from travel lanes.

9.8 The Vendor shall be or become proficient and able to demonstrate such proficiency in the following areas within the time frames specified in Section 4.1.

A. Setting up incident scene Traffic Control in accordance with the Manual on Uniform Traffic Control Devices (MUTCD).

B. The mitigation of accidental discharges of motor vehicle fluids, per the Florida Guidelines (see Attachment “D” – Guidelines for the Mitigation of Accidental Discharges of Motor Vehicle Fluids (Non-Cargo)).

C. Disposition of any hazardous materials (cargo and/or non-cargo) shall be conducted in accordance with all applicable city, county, state, and federal laws.

9.9 The RISC Vendor agrees that upon activation of the RISC contract, the responsible party unless otherwise directed by the Investigating Law Enforcement Officer, can request towing of the damaged vehicle(s) to a location of their choice with the understanding that they will be charged for the tow at the rate established by the county or FHP where the incident occurred or as negotiated by the owner.

9.10 Upon arrival at an incident location, the vendor shall coordinate with other on-scene responder agencies’ incident commanders to establish unified command and develop a plan of action for clearing the incident from the affected travel lanes. The Vendor shall designate one on-scene individual as the Vendor’s incident command representative to the incident’s unified command.

9.11 The Department shall have no involvement with the…