DOT-ITN-25-7007-EG - ITN PACKAGE.pdf

DOT-ITN-25-7007-EG

State of Florida Department of Transportation

INVITATION TO NEGOTIATE

RAPID INCIDENT SCENE CLEARANCE (RISC) SERVICES

FOR DISTRICT SEVEN

DOT-ITN-25-7007-EG

CONTACT FOR QUESTIONS:

Enrique Garcia, Procurement Agent enrique.garcia@dot.state.fl.us

Fax: (813) 975-6473 Phone: (813) 975-6156 or (800) 226-7220 x6156

Florida Department of Transportation Procurement Office, MS 7-700 11201 North McKinley Drive Tampa, Florida 33612-6456

Department of Transportation Procurement Office, MS 7-700 11201 North McKinley Drive Tampa, Florida 33612-6456

INVITATION TO NEGOTIATE REGISTRATION

PLEASE COMPLETE AND RETURN THIS FORM ASAP

E-MAIL TO ENRIQUE.GARCIA@DOT.STATE.FL.US

ITN Number: DOT-ITN-25-7007-EG

Title: Rapid Incident Scene Clearance (RISC) Services for District Seven.

Sealed Reply Due Date and Time: See “Timeline” in ITN Introduction Section

Vendors should notify our office by returning this Registration Form as soon as possible after downloading. Complete the information below and email this page only to Enrique Garcia, enrique.garcia@dot.state.fl.us.

THE INVITATION TO NEGOTIATE (ITN) DOCUMENT YOU RECEIVED IS SUBJECT TO

CHANGE. Notices of changes (Addenda) will be posted on the Florida Vendor Information Portal (VIP) at https://vendor.myfloridamarketplace.com/, under this ITN number, click on “Search Advertisements”, click on the drop-down arrow beside the box for “Ad Type”, select “Invitation to Negotiate”, 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 “Search”. It is the responsibility of all potential repliers to monitor this site for any changing information prior to submitting your reply.

Company Name:

Address:

City, State, Zip:

Telephone:

Contact Person:

Internet E-Mail Address:

For further information on this process, e-mail, or telephone: Enrique Garcia at enrique.garcia@dot.state.fl.us or (813) 975-6156 or (800) 226-7220 x6156.

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 Seven. It is anticipated that the term of the contract will begin on January 1, 2025 and be effective for five years.

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 replies are determined by the Technical Review Committee (TRC) 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 VIP, at https://vendor.myfloridamarketplace.com/ (click on “Search Advertisements”), under this ITN number. It is the responsibility of all potential repliers to monitor this site for any changing information prior to submitting your reply.

ACTION / LOCATION DATE LOCAL TIME

PUBLIC OPENING (Replies) 11-13-2024 11:00 AM Florida Department of Transportation Subsequent openings will be Manatee Conference Room held on the second Wednesday 11201 North McKinley Drive of every month at 10:00 AM Tampa, Florida 33612-6456 (as needed)

PUBLIC MEETING FOR SELECTION 11-27-2024 10:00 AM

Florida Department of Transportation Subsequent meetings will be Manatee Conference Room held on the third Wednesday 11201 North McKinley Drive of every month at 10:00 AM Tampa, Florida 33612-6456 (as needed)

POSTING OF INTENDED AWARD AS NEEDED 5:00 PM

3) ELECTRONIC SUBMISSION OF REPLIES

Electronic Reply Submittals

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

a) Subject line must show: DOT-ITN-25-7007-EG – VENDOR’S NAME

b) Email shall contain one file attachment marked as the following: DOT-ITN-25-7007-EG –

VENDOR’S NAME

c) Documents shall be submitted in portable document format (PDF).

d) The body of the email shall not contain any information other than the PDF documents, and the signature line (text only, no graphics).

e) Email limit is 25MB per message. That total includes all attachments, email body and if you use stationary backgrounds, artwork, etc.

f) Replies shall be submitted ONLY to: D7.Purch@dot.state.fl.us

NOTE: It is the replier’s responsibility to assure that the reply is delivered to the email address above on or before the reply due date and time (See Introduction Section 2 Timeline). Replies which for any reason are not so delivered, will not be considered.

4) PUBLIC MEETING AGENDA

Agenda – Public Opening (Replies) Agenda for Public Opening of initial replies to DOT-ITN-25-7007-EG:

Starting Time: see “Timeline” in ITN solicitation

- Opening remarks of approximately two 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 and Determine Intended Award Agenda for Meeting to Summarize and Determine Intended Award for DOT-ITN-25-7007-EG:

Starting Time: see Timeline in ITN solicitation

- Opening remarks of approximately two 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 to determine selection for award.

- Announce respondent(s) selected for Intended Award.

- Announce time and date the decision will be posted on the Florida VIP.

- Adjourn meeting.

5) 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 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 16). 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 attached Form PUR 1000 General Contract Condition #14. The Transaction Fee imposed shall be based upon the date of issuance of the payment.

2) FLORIDA DEPARTMENT OF FINANCIAL SERVICES (DFS) W-9 INITIATIVE

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

3) QUESTIONS AND ANSWERS

In accordance with section 287.057(25), Florida Statutes (F.S.), 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 ITN 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 VIP at https://vendor.myfloridamarketplace.com/ (click on “Search Advertisements”), under this ITN number. It is the responsibility of all potential repliers to monitor this site for any changing information prior to submitting your reply.

WRITTEN TECHNICAL QUESTIONS should be submitted to:

Enrique Garcia at D7-PurchQuestions@dot.state.fl.us

Questions regarding administrative aspects of the procurement process should be directed to the procurement agent in writing at the address above or by phone: (813) 975-6156 or (800) 226- 7220 x6156.

4) CHANGES TO THE INVITATION TO NEGOTIATE (ADDENDA)

Notices of changes (Addenda) will be posted on the Florida VIP at https://vendor.myfloridamarketplace.com/ (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 TRC. 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 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. 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, F.S., 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, Attn: Enrique Garcia, Purchasing Agent, MS 7-700, 11201 North McKinley Drive, Tampa, Florida 33612-6456 within 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 $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 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 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

MINORITY BUSINESS ENTERPRISE (MBE) UTILIZATION

The Department, in accordance with Title VI of the Civil Rights Act of 1964, 42 USC 2000d- 2000d-4, Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in federally-assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all repliers 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 replies in response to this invitation and will not be discriminated on the basis of race, color, national origin, or sex in consideration for an award.

The Department encourages small, minority, women, and service-disabled veteran businesses to compete for Department contracts, both as “Vendor” and as subcontractors. The Department, its vendors, suppliers, and consultants should take all necessary and reasonable steps to ensure that small, minority, women, and service-disabled veteran businesses have the opportunity to compete for and perform contract work for the Department in a nondiscriminatory environment.

Repliers are requested to indicate their intention regarding MBE participation on the MBE Planned Utilization form and to submit the completed form with their reply sheet. The contract vendor will be asked to submit payment certification for MBE subcontractors used.

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

10) CONTRACTUAL OBLIGATIONS

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

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

12) EVALUATION PROCEDURE

The TRC, composed of at least three 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 TRC 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 AND 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.

14) PROTEST OF INVITATION TO NEGOTIATE SPECIFICATIONS

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

1. A written notice of protest within 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), F.S., within 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), F.S., 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, F.S.

15) CONTRACT RENEWAL

All resulting contracts from this ITN may be renewed for a period that may not exceed three 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) REPLY REQUIREMENTS

Reply Content

Vendors shall complete the reply forms contained in Exhibit C and 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, F.S. 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, F.S., in a separate bound document labeled "Attachment to ITN, Number DOT-ITN- 25-7007-EG - 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 ITN 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) 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 workday 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, F.S.

24) PROPOSED NEGOTIATION PROCESS

The Department intends to negotiate with each vendor whose reply to this ITN has been determined responsive. The negotiations will focus on vendor’s proposed areas of coverage given response time requirements as set forth in the contract scope of services. The Department and the Vendor will agree upon primary coverage areas.

25) 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.

26) POSTING INTENDED AWARD

26.1 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.

26.2 The Department’s decision will be posted on the Florida VIP at https://vendor.myfloridamarketplace.com/, under this ITN number, on the date and time in the Timeline, and will remain posted for a period of 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 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), F.S., within 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), F.S., 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, F.S. 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.

27) AWARD OF THE CONTRACT

Following expiration of the posting period for an intended award as described in Section 26, 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.

28) ATTACHED FORMS

Exhibit “C”, Replier’s Areas of Coverage Exhibit “D”, Reply Forms for RISC Drug-Free Workplace Program Certification (Form 375-040-18) MBE Planned Utilization (Form 375-040-24) Vendor Certification Regarding Scrutinized Companies Lists (Form 375-030-60) E-Verify (Form 375-031-06) Affidavit Regarding Labor and Services (Form 375-030-31)

29) TERMS AND CONDITIONS

29.1 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 ITN by reference. Any terms and conditions set forth in this ITN 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 ITN:

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

29.2 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 ITN by reference. Any terms and conditions set forth in this ITN 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 ITN:

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

30) ORDER OF PRECEDENCE

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

Special Conditions Exhibit “A” Scope of Services, including Attachments “A”, “B”, “C”, and “D” Exhibit “B” Method of Compensation Exhibit “C”, Replier’s Areas of Coverage Exhibit “D”, Reply Forms for RISC Exhibit “E”, Invoice Format and Submission Requirements Standard Written Agreement Instructions to Respondents (PUR 1001)

General Conditions (PUR 1000) Introduction Section

Department of Transportation

RAPID INCIDENT SCENE CLEARANCE (RISC) SERVICES

FOR DISTRICT SEVEN

EXHIBIT “A”

SCOPE OF SERVICES

A-1

1. PROJECT OBJECTIVE

1.1 The Florida Department of Transportation (FDOT), District Seven (hereinafter referred to as the “District” or “Department”) 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, the Department has instituted innovative, quick clearance strategies through implementation of the RISC program, intended to significantly reduce the time it takes to clear major highway incidents and large-scale vehicle crashes. This program along with its enhancements will be contracted collectively under District Seven’s RISC contract.

1.2 Towing regulations for heavy-duty wreckers in Florida were established decades ago and have not kept pace with the demands of modern heavy trucks, which now require specialized equipment and skilled operators for efficient removal after an incident. This contract is designed to incentivize the rapid and safe clearance of wreckage, thereby reopening roads quickly. While it introduces enhanced capabilities, it does not replace the existing Class “C” (heavy-duty) wrecker class, which will still be used for removing disabled trucks and buses.

1.3 This Contract, along with RISC funding, is intended for use on limited-access highways and other specified roadways identified by the Department Contract Manager. These services encompass the Department’s limited-access highways, including ramps, auxiliary roadways affecting mainline travel, and designated arterial roadways within the District’s jurisdiction. Coordination with state and local agencies ensures that coverage for non-limited access highways does not conflict with any established wrecker rotation. The overall goal is to improve safety, mobility, and reduce secondary crashes through the efficient clearance of roadways, shoulders, and medians. For a detailed list of the specific roadways included in the District’s RISC program, please refer to Section 8.3.

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 the events, crashes and/ traffic incidents described in Attachment “B”, for the county or zone, during the term of this Contract. One to two Vendor(s) will be selected per county or zone, but no more than three Vendors will be selected per county unless otherwise agreed upon by the Department.

2.2 The Vendor agrees to provide the professional incident clearance and vehicle recovery services in accordance with the terms and conditions described herein and in compliance with all Florida Highway Patrol (FHP) local city and county police officers, and FDOT rules and regulations, all local city and county rules and regulations, and applicable provisions of the Florida Administrative Code (F.A.C.)

and the Florida Statutes.

A-2

2.3 The Vendor’s relationship to the Department is that of an independent contractor authorized to perform incident scene clearance and vehicle recovery and/or relocation services on FDOT District Seven’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 Contract 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.

2.5 The Department shall have the right to utilize the services and equipment from any other resource should the Department determine, at its sole discretion, that a Vendor is unable to assist, perform, or provide services or equipment as required under this Contract, or under circumstances as outlined herein. The Department shall also have the right to modify the designated limits of responsibility of a Vendor under this Contract at any time.

2.6 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 The Vendor shall perform all work in accordance with Department Specifications (including all Supplemental Specifications and Special Provisions in the Specification Workbook), 2017 or latest edition) FDOT Design Standards and the 2023 (or latest edition) of the Manual on Uniform Traffic Control Devices (MUTCD).

Internet locations:

2017 FDOT Design Standards: https://www.fdot.gov/design/standardplans

11th Edition MUTCD: https://mutcd.fhwa.dot.gov/index.htm

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

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

A-3

4. INCIDENT RESPONSE REQUIREMENTS

4.1 Before initiating any RISC activation, it is mandatory for any requestees, dispatch centers, or on scene personnel, to confirm the fuel type of any vehicle involved in the incident. See Attachment “B” for further clarification.

4.2 The Vendor shall respond to Department requests for vehicle recovery and clearance services as soon as possible but no later than five minutes from the Department’s authorized representative initial contact with Vendor requesting RISC activation. The Vendor acknowledges that time is of the essence and shall arrive with the two recovery wreckers and the recovery support Vehicle with required equipment, and materials as specified in Attachment “C”, and with all necessary traffic control devices at the incident site within one hour (60 minutes) from the time RISC activation is requested in order to qualify for RISC incentive payments. The Department reserves the right to decline the dispatch of certain equipment if on-scene personnel determine it to be unnecessary, in order to minimize responder exposure at the scene and minimize weight overload when incidents might be near or on a bridge or overpass. The 60-minute time frame begins with initial call to the Vendor. If the selected Vendor has not responded within five minutes of the initial call, the next available Vendor will be contacted.

The need for additional trucks and heavy equipment shall be jointly determined at the incident scene by the Department authorized representative, asset maintenance contractor, FHP, local law enforcement or the Vendor’s representatives. If necessary, the Department shall have final authority to make the decision on additional equipment. The need for the additional trucks and heavy equipment described herein shall not increase the time required by the Vendor to perform services.

For purposes of this Contract, “Arrive” shall mean and refer to the time in which the Vendor arrives to the incident location, or a staging area designated by on-scene responders or the Department, with all required equipment and materials specified in Attachment “C”. This includes but is not limited to the two recovery wreckers (one of which must be a rotator) and a 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. The Department maintains the right to decline dispatch of certain pieces of equipment, including any of the primary required equipment, as determined by on-scene personnel and/or the Department or designee, as outlined in Attachment “C”.

4.3 The Vendor shall be available to provide these services on a 24 hours a day, seven days a week basis, 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.

A-4

4.4 TIME MILESTONES: Upon the Department’s request for RISC services, the Vendor shall provide the Department an estimated arrival time. The Vendor will 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 or arrive at the incident site within the time required and with all necessary materials and equipment as specified herein, will result in non-payment of the incentive feature. 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 Department Contract Manager’s discretion.

4.5 Notification – The Vendor must notify the District Seven Regional Transportation Management Center (RTMC) at each major milestone of the RISC including, but not limited to:

A. When the Vendor is enroute to the incident scene.

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

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

D. Any RISC “Stoppage” time and reasoning.

E. Any RISC “Restart” time.

F. When all travel lanes are cleared of RISC incident vehicles/debris (RISC end time).

Phone numbers for the District RTMC will be provided to the Vendor upon acceptance of this Contract by both parties.

5. TERMINATION

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

5.2 The Department reserves the right to terminate this Contract at any time, for any reason, upon 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 Contract.

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6. INDEMNITY

6.1 The Vendor shall indemnify and hold harmless the Department, FHP, other emergency response agencies, their officials, designees, officers, employees, consultants and agents from and against any and all liabilities, claims, injuries, damages, penalties, actions, suits, losses, costs, expenses and attorneys’ fees which arise as a direct or indirect result out of any transaction, event or occurrence related to performance of the services contemplated under this Contract. The Vendor shall coordinate all services required under this Contract through the District Seven RTMC and/or any other designee as directed by the Department.

7. MISCELLANEOUS

7.1 This is a non-exclusive Contract. The Department intends to allow other companies to perform vehicle recovery and incident scene clearance on a rotation basis within the area being serviced. Initially, assignment within a rotation shall be based on contract execution date with the Vendor having the earlier contract execution date given the first roadway incident scene clearance. Once a Vendor performs rapid scene clearance 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 All requests for services under this Contract must be routed through the RTMC. If the Vendor receives a request for RISC services from any party other than the Department (e.g., directly from FHP or local/county law enforcement), the Vendor must immediately notify the RTMC before initiating any response to the incident.

Failure to notify the RTMC or the Department as required will render the Vendor ineligible for any incentive payments related to the incident.

7.3 The Vendor or any of its operators or employees will not provide any gratuities, commissions, kickbacks or complimentary services of any kind to any officials, officers, employees, consultants or agents that are in 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. Refer to Exhibit “E” for examples of invoice requirements for RISC incentive payouts.

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7.5 The Vendor shall take digital photographs of the scene prior to and upon completion of clearance services at the incident location. The photographs should include the scope of lanes closed and any traffic queue developing at the incident location, as well as the vehicles involved, any spilled loads, and equipment utilized.

Photographs can be sent via, text (one at a time only), or email to the Department Contract Manager or Traffic Incident Management (TIM) personnel (phone number and email address will be provided after contract is awarded.) Failure by the Vendor to take and/or provide photographs as required under this Contract shall constitute a breach hereof, and the Vendor may, at the Department’s discretion, be disqualified from receiving any incentive payments associated with the incident.

8. RECOVERY AREAS

8.1 The following counties/zones are outlined in Table 1. Vendors need only submit one application package. Selected Vendors will be assigned to a county or zone based on their location. The Department may review the recovery area boundaries periodically to ensure that 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 Contract 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 and agreed to by the Vendor. There are no assigned roadway segments. 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.

Table 1

DESCRIPTION COUNTY

I-75, I-4, I-275 Hillsborough I-275, I-175, I-375 Pinellas I-75 Pasco and Hernando I-4 Polk I-75 from Hillsborough/Manatee County Line to the I-275/I-75 Southern Apex, I-275/I-75 Apex to Sunshine Skyway Bridge South Rest Area (Mile Marker 13)

Manatee

8.4 COUNTIES/ZONES AND COVERAGE AREAS

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A. Counties and zones may be modified at the Department’s sole discretion, with the goal of enhancing or improving the performance of the RISC program. The proximity of the Vendor’s and/or its subcontractors' physical or yard locations will be considered prior to any modifications, ensuring expectations for response times and performance standards are realistic and aligned with the geographic capabilities of the Vendor and its subcontractors.

B. The Vendor is responsible for providing services in the areas outlined in Exhibit “C”, as selected from the roadway(s) described in “Table 1”. The Department may allow additional response time for a Vendor responding to a RISC activation outside their contracted area, provided all required equipment (i.e., two wreckers and one support vehicle) is dispatched, unless the Department has approved a reduction of equipment.

C. If a Vendor cannot meet the response requirements for their assigned area or is able to cover additional areas, the Department reserves the right to negotiate new coverage areas with the Vendor. These areas may extend beyond District boundaries. Once a new or modified coverage area is accepted by the Department, the Vendor will receive email notification confirming the updated coverage area.

D. In the event of an incident where no Vendor assigned to the area is available, the Department may request a RISC Vendor from outside the assigned area to respond, and additional response time may be granted to accommodate the longer travel distance.

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. 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 reply. 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 Vendor must be registered with the State of Florida Department of Agriculture and Consumer Services and maintain registration for the term of the Contract.

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 Contract.

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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 Contract.

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.

A. Florida Highway Patrol Policy# 17.02 B. Florida Statute 321.05 (Florida Highway Patrol wrecker operator system;

penalties for operation outside of system) C. Florida Administrative Code Rule 15B-9 (Wrecker Qualifications and Allocation

System) or other applicable laws.

Vendor shall be subject to all applicable rules and policies already established by FHP governing the services to be provided under this Contract. Any suspension from FHP’s towing rotation list is grounds for immediate termination of this Contract at the Departments sole discretion.

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 Department.

9.7 The Vendor shall be proficient and able to field demonstrate safe, quick clearance and “Incident Scene Safety” including:

A. Single lane up-righting of loaded tractor trailers.

B. Relocation of loaded overturned tractor trailers from travel lanes.

9.8 The Vendor shall be proficient and able to field demonstrate such proficiency in the following areas:

A. Setting up incident scene Traffic Control in accordance with the 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 response, the involved 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.

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9.10 The Department shall have no involvement with the Vendor’s effort to recover costs from the involved party.

9.11 The Vendor is required to participate in all regularly scheduled TIM Team meeting(s) involving the county/zone for which the Vendor is responsible under this Contract to discuss any RISC activations that may have occurred.

10. QUALIFICATIONS, TRAINING AND CERTIFICATION OF VENDOR’S

OPERATORS

10.1 Prior to performing any services under this Contract, at least one Vendor representative shall provide documentation proving that all recovery wrecker operators have completed the following:

A. Intermediate Maintenance of Traffic (MOT) training from a certified Department approved training agency. It is recommended that support personnel involved in the recovery effort also complete the Intermediate MOT training from a certified Department approved training agency. When completed and available, recovery operators and support personnel shall also complete the FDOT MOT Training Course for Incident Responders, which is available online at:

http://wbt.dot.state.fl.us/ois/MOTTIRCBT/index.htm

One Intermediate MOT certified representative must arrive, and remain on scene, throughout the duration of Vendor providing RISC-level services.

B. All Vendor representatives (and their subcontractors) responsible for working RISC-level services shall:

1. Receive formal instruction, training and if applicable, examination, in each of the following specialized recovery wrecker operator services:

a. State recognized ultra heavy/rotator training wrecker and recovery practices.

b. Hazardous materials awareness.

c. Federal Highway Administration (FHWA) Strategic Highway Research

Program (SHRP) 2 Training.

2. Traffic incident management practices including:

a. Incident scene traffic safety.

b. The Florida “Open Roads” policy( Attachment “A”).

c. The Florida “Guidelines for the Mitigation of Accidental Discharges of

Motor Vehicle Fluids (Non-Cargo) (Attachment “D”).

d. Incident scene traffic control in accordance with the MUTCD.

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C. All Vendor representatives (and their subcontractors) shall:

1. Complete the Department or FHWA provided online National Traffic Incident Management (NTIM) Responder four-hour training.

2. Have knowledge and understanding of TIM practices, including:

a. The Florida “Open Roads” policy (Attachment A).

b. The Florida “Guidelines for the Mitigation of Accidental Discharges of

Motor Vehicle Fluids (Non-Cargo)” (Attachment D).

All training shall be conducted by state and/or industry recognized and approved instructors.

All training activities must be documented, and such documentation shall be made available to the Department upon request.

11. AREAS WITH NO AVAILABLE ‘RISC’ VENDORS

11.1 It is anticipated that there may be areas in which the Department does not have under contract a RISC Vendor or times when a Vendor or Vendors for an area are unavailable to respond to a request for services. In such situations, the Department reserves the right to contact any available RISC Vendor. The Department will first attempt to call the Vendor that is next up on rotation for the county in which the incident occurred.