DOT-ITN-26-2029-JB.pdf

ITNSHELL. – Revised 8/29/2025

State of Florida Department of Transportation

INVITATION TO NEGOTIATE

RAPID INCIDENT SCENE CLEARANCE (RISC) FOR

DISTRICT TWO

DOT-ITN-26-2029-JB

CONTACT FOR QUESTIONS:

Jake Boozer, Procurement Agent jake.boozer@dot.state.fl.us

Phone: 386-758-3756 1109 South Marion Avenue

Lake City, Florida 32025-5878

State of Florida Department of Transportation

District Two Procurement Office 1109 South Marion Avenue

Lake City, Florida 32025-5874

INVITATION TO NEGOTIATE REGISTRATION

PLEASE COMPLETE AND RETURN THIS FORM ASAP

E-MAIL TO jake.boozer@dot.state.fl.us

ITN Number: DOT-ITN-26-2029-JB

Title: Rapid Incident Scene Clearance (RISC) For District Two

Sealed Reply Due Date & Time: Please see Section 2 - Timeline

Vendors should notify our office by returning this Registration Form as soon as possible after downloading. Complete the information below and to jake.boozer@dot.state.fl.us

THE INVITATION TO NEGOTIATE DOCUMENT YOU RECEIVED IS SUBJECT TO

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

Company Name:

Address:

City, State, Zip:

Telephone: ( )

Contact Person:

E-Mail Address: __________________________________________________

For further information on this process, e-mail or telephone: Jake Boozer, 386-758-3756 or e-mail at jake.boozer@dot.state.fl.us

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-60

Florida Statutes VENDOR CERTIFICATION REGARDING PROCUREMENT

287.135 SCRUTINIZED COMPANIES LISTS OGC – 06/18

Respondent Vendor Name: _____________________________________________________

Vendor FEIN: ___________________

Vendor’s Authorized Representative Name and Title: ___________________________________

Address: ______________________________________________________________________

City: _____________________ State: _____________________________ Zip: ______________

Phone Number: ____________________________________

Email Address: _

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

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

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

Authorized Signature Print Name and Title: _________________________________________

Date:

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) For District Two. This Contract will be for a term of five

(5) years following the date of execution.

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 Information Portal 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.

ACTION / LOCATION DATE LOCAL TIME

REPLIES DUE – 4-14-2026 2:00 PM

Subsequent replies will be due on the second Tuesday of each month at 2:00 p.m. (as needed)

PUBLIC OPENING (Replies) - 4-14-2026 2:30 PM Please submit bids to:

D2.Purch@dot.state.fl.us Subsequent openings will be held on the second

Tuesday of each month by 2:30 p.m. (as needed)

PUBLIC MEETING FOR SELECTION - 4-28-2026 2:00 PM

FDOT District Two Procurement Office 1109 South Marion Avenue Lake City, Florida 32025-5878 Subsequent meetings will be held on the fourth

Tuesday of each month at 2:00 p.m. (as needed)

POSTING OF INTENDED AWARD ON VIP- As Needed

3) PUBLIC MEETING AGENDA

Agenda – Public Opening (Initial Replies & Subsequent Replies) Agenda for Public Opening of initial replies to DOT-ITN-26-2029-JB:

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 DOT-ITN-26-2029-JB:

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 “best value”.

- Announce Proposer determined to be “best value” as the Intended Award.

- Announce time and date the decision will be posted on the Vendor Information Portal

(VIP).

- Adjourn meeting.

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

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

1) MyFloridaMarketPlace

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 15). 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 #7d. . The Transaction Fees imposed shall be based upon the date of issuance of the payment.

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

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

Any technical questions arising from this Invitation to 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 Information Portal 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 their reply.

WRITTEN TECHNICAL QUESTIONS should be submitted to:

Jake Boozer, Procurement Officer jake.boozer@dot.state.fl.us Phone: (386) 758-3756

1109 South Marion Avenue Lake City, Florida 32025-5874

Questions regarding administrative aspects of the procurement process should be directed to the Procurement Agent in writing at the address above or by phone

4) CHANGES TO THE INVITATION TO NEGOTIATE (ADDENDA)

Notices of changes (Addenda) will be posted on the Florida Vendor Information Portal 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) BEST VALUE SELECTION & PUBLIC MEETINGS

The Department intends to contract with the responsive and responsible Vendor whose proposal is determined by the Technical Review Committee to provide the best value to the Department. "Best value", as defined in Section 287.012(4), F.S., means the highest overall value to the state based on objective factors that include price, quality, design, and workmanship.

Specific events in the competitive negotiation process will be conducted at a public meeting of the Technical Review Committee. 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) EVALUATION PROCEDURE

The Technical Review Team: composed of 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.

7) 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.

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

9) QUALIFICATIONS

9.1 All requirements are included in Exhibit A – Scope of Services

9.2 Authorized To Do Business in the State of Florida

In accordance with sections 607.1501, 605.0902, 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

9.3 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

9.4 E-VERIFY

Vendors/Contractors:

1. shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and

2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term;

and

3. Shall adhere to requirements in section 448.095, Florida Statutes.

10) CONTRACT DOCUMENT

STANDARD WRITTEN AGREEMENT

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

11) REVIEW OF VENDOR'S FACILITIES & QUALIFICATIONS

After the reply due date and prior to contract execution, 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. The review may also serve to verify whether the Vendor has financial capability adequate to meet the contract requirements.

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.

12) 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 Department of Transportation, Clerk of Agency Proceedings, Office of the General Counsel, 605 Suwannee Street, Mail Station 58, Tallahassee, Florida 32399-0450:

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

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

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

13) 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.

14) SCRUTINIZED COMPANIES LISTS

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

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

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

15) RESPONSIVENESS OF REPLIES

15.1 Responsiveness of Replies

Replies may not be considered if not received by the Department on or before the date and time specified as the due date for submission.

15.2 Other Conditions

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.

16) 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.

17) 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, Number DOT- ITN-26-2029-JB - 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.

18) 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.

19) ELECTRONIC SUBMISSION OF PROPOSALS:

Electronic Bid Submittals

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

a) Subject line must show: DOT-ITN-26-2029-JB

b) Email shall contain one file attachment marked as the following: DOT-ITN-26-2029-JB Vendor

Name Bid Submittal

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

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

e) Bids shall be submitted to: D2.Purch@dot.state.fl.us

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

20) MODIFICATIONS, RESUBMITTAL AND WITHDRAWAL

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

21) 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). 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.

24) 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 vendor’s proposed areas of coverage given response time requirements as set forth in the contract Scope of Work. The Department and the vendor will agree upon primary coverage areas.

25) POSTING OF SHORTLIST, RANKING AND / OR INTENDED AWARD

25.1 The Shortlist, Ranking and / or Intended Award, as applicable, will be made to the responsive and responsible vendor(s) which are determined to be capable of providing the best value and best meet the needs of the Department. The Shortlist, Ranking, or Intended Award decision will be announced at the date, time and location in the Timeline.

25.2 The Department’s decision will be posted on the Florida Vendor Information Portal, at https://vendor.myfloridamarketplace.com/, on the date in the Timeline, and will remain posted for a period of seventy-two (72) hours. Any vendor who is adversely affected by the Department's recommended award or intended decision must file the following with the Department of Transportation, Clerk of Agency Proceedings, Office of the General Counsel, 605 Suwannee Street, Mail Station 58, Tallahassee, Florida 32399-0450:

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

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

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

3. If the Department is unable to post as defined above, the Department will notify all vendors by electronic notification on the Florida Vendor Information Portal (see special condition 25.2, above) or by mail and/or telephone. The Department will provide notification of any future posting in a timely manner.

26) 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.

27) 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.

28) ATTACHED FORMS

Exhibit A - Scope of Services

Attachment A - Open Roads Policy Attachment B - Traffic Incidents Utilization Attachment C - Equipment and Vehicle Requirements Attachment D – Spill Mitigation Guidelines Exhibit B - Method of Compensation Exhibit C - Coverage Area Exhibit D - Proposal Forms Standard Written Agreement Bid Opportunity List Vendor Certification Regarding Scrutinized Companies Lists Drug-Free Workplace Program Certification E-Verify Form Affidavit Regarding Labor and Services

29) ATTACHED TERMS AND CONDITIONS

Exhibit "A" Scope of Services / Specification Standard Written Agreement Appendix I (Terms for Federal Aid Contracts) General Conditions (PUR 1000) Instructions to Respondents (PUR 1001)

30) TERMS AND CONDITIONS

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 Price Proposal Form Standard Written Agreement Appendix I (Terms for Federal Aid Contracts) Instructions to Respondents (PUR 1001) General Conditions (PUR 1000) Introduction Section

31) TERMS AND CONDITIONS

31.1 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:

Paragraph8(a), Dispute Resolution - PUR 1000 Paragraph 5(l), PRIDE – PUR 1000, when federal funds are utilized.

312.2 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

31.3 MFMP Purchase Order Terms and Conditions

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

Purchase Order Terms & Conditions Section 8(B), PRIDE, is not applicable when using federal funds.

32) ANTITRUST VIOLATOR VENDOR LIST

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

33) PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL, OR IDEOLOGICAL

INTERESTS IN GOVERNMENT CONTRACTING

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

34) CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES OF CONCERN PROHIBITED

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

35) AFFIDAVIT REGARDING LABOR AND SERVICES

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

36) LIABILITY INSURANCE

The Vendor shall not commence any work until they have obtained the following types of insurance, and a certificate of such insurance has 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, (Jake Boozer, 1109 South Marion Avenue, MS2015, Lake City, Florida 32025-5874) within ten (10) days after the ending date of the period for posting the intended award decision.

(X) The Vendor must carry and keep in force during the period of this contract a general liability insurance policy or policies with a company authorized to do business in the state of Florida, affording public liability insurance with combined bodily injury limits of at least $ (300,000 minimum) per person and $ (300,000 minimum) each occurrence, and property damage insurance of at least $ (150,000 minimum) each occurrence, for the services to be rendered in accordance with this contract.

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

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

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

37) METHOD OF COMPENSATION

Please see Exhibit B – Method of Compensation

ITN CHECKLIST

(DOES NOT NEED TO BE RETURNED WITH YOUR PROPOSAL)

This Checklist is provided as a guideline, only, to assist Vendors in the preparation of their ITN response.

Included are some important matters that the vendor should check. This checklist is just a guideline, and is not intended to include all matters required by the ITN. Vendors are responsible to read and comply with the ITN in its entirety.

Check off each the following:

____ 1. The Qualification Questionnaire has been completed, as specified, and enclosed in the ITN response.

____ 2. The Federal Employers Identification Number or Social Security Number has been entered in the space provided.

____ 3. “Scrutinized Companies Lists” certification form has been read, signed, and enclosed in the bid response, if applicable (contracts of $1 million or more).

____ 4. The “Bid Opportunity List” form has been read, completed, and enclosed in the ITN response, if applicable.

____ 5. The Scope of Services, Exhibit “A”, has been thoroughly reviewed for compliance to the ITN requirements.

____ 6. The Technical Proposal (one (1) original and the specified number of copies) has been completed, as specified, and enclosed in the ITN response.

____ 7. A letter from a surety company to document your ability to obtain the required Performance Bond, as per Section 10 of the Special Condition, is included in the Technical Proposal (if applicable).

____ 8. The https://vendor.myfloridamarketplace.com/ website has been checked and any Addendums posted have been completed, signed, and included in the ITN response.

____ 9. The ITN response must be received, at the location specified, prior to the Opening Date and Time designated in the ITN.

____ 10. Electronic Submission of Proposal guidelines laid out in Special Condition 19 are strictly followed.

DocuSign Envelope ID: 0E91A09E-FB6A-4212-9FD5-60BB5F88ECE5

Department of Transportation

RAPID INCIDENT SCENE CLEARANCE

(RISC) FOR DISTRICT 2

EXHIBIT “A”

SCOPE OF SERVICES

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 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 2 (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”, on that portion of the Department’s roadway system selected by the Vendor.

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 (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.

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 The Vendor shall perform all work in accordance with Department Specifications (including all Supplemental Specifications and Special Provisions in the Specification Workbook), 2008 Design Standards and Manual of Uniform Traffic Control Devices (MUTCD).

Internet locations:

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

https://mutcd.fhwa.dot.gov/kno_2009r1r2.htm

3.2 Proper health and safety measures will be taken to insure 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 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

4.1 The Vendor shall respond to Department requests for vehicle recovery and clearance services as soon as possible but no later than fifteen (15) minutes from the Department’s authorized representative initial contact with Vendor requesting RISC activation. To qualify for RISC mobilization incentive payments, the Vendor shall arrive on 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. The arrival time frame begins with initial call to the Vendor. If the selected vendor has not responded within fifteen (15) 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 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 https://www.fdot.gov/design/standardplans https://www.fdot.gov/design/standardplans https://mutcd.fhwa.dot.gov/kno_2009r1r2.htm https://mutcd.fhwa.dot.gov/kno_2009r1r2.htm 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 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 Notification – The vendor shall notify the FDOT Traffic Management Center at the following points:

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. When the NTP is stopped and/or restarted;

E. When all travel lanes are cleared.

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 in 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.

6. INDEMNITY

6.1 In addition to the indemnity in the Basic Agreement, the Vendor shall indemnify and hold harmless the Department, it’s 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 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 will not provide any gratuities, commissions, kick-backs 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.

7.5 Vendor must take digital photographs both prior to and subsequent to scene cleanup.

Photos must be detailed in showing lane blockage and affected traffic from the incident scene. 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.

8. RECOVERY AREAS

8.1 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 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 and agreed to by the Vendor. 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.

DESCRIPTION COUNTY

I-10 (Limits to be determined) Duval County Nassau County Baker County Columbia County Suwannee County Madison County Hamilton County

SR 23 / First Coast Expressway Duval County Clay County

I-95 (Limits to be determined) St. Johns County Duval County Nassau County

J. Turner Butler Blvd. (SR 202) Duval County I-295 Duval County SR 9A Duval County I-75 Alachua County

Columbia County Suwannee County Hamilton County

8.4 From the roadway described in 8.3, the Vendor has selected to provide services for those areas described in Exhibit “C”. The FDOT representative can allow additional response time (arrival to scene with all 3 pieces of contract required equipment, i.e., two wreckers and support vehicle) for a vendor who is responding to a RISC activation outside of his originally contracted area.

8.5 Coverage areas may be negotiated with the Vendor. If a Vendor cannot meet all of the areas or can cover a wider/different range other than what is specified, the Department may negotiate different coverage areas with that Vendor. The Department may also negotiate a new/different coverage area with a Vendor after the contract is awarded. Once a new/different area is accepted by the Department, the Vendor will receive email notification. These areas may exceed the District boundaries.

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