ITB Completed Package.pdf

DOT-ITB-24-7005-LV

State of Florida Department of Transportation

INVITATION TO BID

PURCHASE OF MITIGATION CREDITS

CONTACT FOR QUESTIONS:

Lori Vicari, Purchasing Agent Email: lori.vicari@dot.state.fl.us

Fax: (813) 975-6473 Phone: (813) 975-6199 or (800) 226-7220 x6199

Florida Department of Transportation Procurement Services, MS 7-700

11201 North McKinley Drive Tampa, Florida 33612-6456 mailto:lori.vicari@dot.state.fl.us

State of Florida Department of Transportation

Procurement Services, MS 7-700 11201 North McKinley Drive

INVITATION TO BID (ITB) REGISTRATION

PLEASE COMPLETE AND RETURN THIS FORM ASAP

FAX TO (813) 975-6473 OR E-MAIL TO LORI.VICARI@DOT.STATE.FL.US

Bid Number: DOT-ITB-24-7005-LV.

Title: Purchase of Mitigation Credits

Bid Due Date & Time (On or before): See Introduction, Section 2, Timeline ____

Potential bidders should notify our office by returning this Bid Registration Form as soon as possible after downloading. Complete the information below e-mail to Lori Vicari, lori.vicari@dot.state.fl.us.

THE ITB DOCUMENT YOU RECEIVED IS SUBJECT TO CHANGE. Notice of changes (addenda), will be posted on the Florida Vendor Information Portal (VIP) 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 ITB, 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: Lori Vicari, Purchasing Agent at lori.vicari@dot.state.fl.us or (813) 975-6199 or (800) 226-7220 x6199.

mailto:LORI.VICARI@DOT.STATE.FL.US https://vendor.myfloridamarketplace.com/

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

1) INVITATION

The purpose of this ITB is to obtain competitive bids for the purchase of mitigation credits by the Department of Transportation, hereafter referred to as the "Department".

The contract will become effective upon execution of the contract workspace and will expire two years from that date. After the award, said bidder(s) will be referred to as the "Vendor(s)".

This bid shall be awarded to multiple vendors based upon mitigation credits needed.

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 bid number. It is the responsibility of all potential bidders to monitor this site for any changing information prior to submitting your bid.

ACTION / LOCATION DATE LOCAL TIME

DEADLINE FOR TECHNICAL QUESTIONS 10-23-2023 10:00 AM

(There is no deadline for administrative questions)

BIDS DUE (ON OR BEFORE) 10-27-2023 10:00 AM

ELECTRONIC SUBMISSION OF BIDS ONLY – PLEASE SEE #4 BELOW

PUBLIC OPENING - 10-30-2023 9:00 AM

Florida Department of Transportation Pelican Conference Room 11201 North McKinley Drive

POSTING OF INTENDED DECISION/AWARD 10-31-2023 4:00 PM

3) BID OPENING AGENDA

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

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

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

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

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

4) ELECTRONIC SUBMISSION OF BIDS:

Electronic Proposal Submittals

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

a) Subject line must show: DOT-ITB-24-7005-LV – Vendor’s Name

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

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

d) The body of the email shall not contain any information other than the signature line.

e) Proposals shall be submitted to: D7.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’s due date and time (See Introduction Section 2 Timeline). Bids for any reason are not so delivered, will not be considered.

5) SPECIAL ACCOMMODATIONS

Any person with a qualified disability requiring special accommodations at a pre-bid conference, public meeting, and/or opening shall contact the contact person at the phone number or e-mail address 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 (800) 955-8771 (TDD).

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

1) MYFLORIDAMARKETPLACE

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

MYFLORIDAMARKETPLACE SYSTEM BY THE TIME AND DATE OF THE BID OPENING OR

THEY MAY BE CONSIDERED NON-RESPONSIVE (see Special Condition 18). All prospective bidders that are not registered, should go to https://vendor.myfloridamarketplace.com/ to complete on-line registration, or call (866) 352- 3776 for assisted registration.

All payment(s) to the vendor resulting from this competitive solicitation WILL be subject to the MFMP Transaction Fee in accordance with the referenced Form PUR 1000 General Contract Condition #14. The Transaction Fees imposed shall be based upon the date of issuance of the payment.

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

mailto:D7.Purch@dot.state.fl.us https://vendor.myfloridamarketplace.com/ https://flvendor.myfloridacfo.com/ mailto:FLW9@myfloridacfo.com

3) QUESTIONS & ANSWERS

In accordance with section 287.057(25), Florida Statute (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 ITB must be forwarded, in writing, to the Purchasing Agenet identified below. Questions must be received no later than the time and date reflected on the Timeline. The Department’s written response to written inquiries submitted timely by bidders will be posted on the Florida VIP at https://vendor.myfloridamarketplace.com/(click on “Search Advertisements”), under this bid number. It is the responsibility of all potential bidders to monitor this site for any changing information prior to submitting their bid.

WRITTEN TECHNICAL QUESTIONS should be submitted to:

Lori Vicari, Purchasing Agent, lori.vicari@dot.state.fl.us

Questions regarding administrative aspects of the bid process should be directed to the Purchasing Agent in writing at the address above or by phone: (813) 975-6199 or (800) 226- 7220 x6199.

4) ORAL INSTRUCTIONS / CHANGES TO THE ITB (ADDENDA)

No negotiations, decisions, or actions will be initiated or executed by a bidder because of any oral discussions with a state employee. Only those communications which are in writing from the Department will be considered as a duly authorized expression on behalf of the Department.

Notices of changes (addenda) will be posted on the Florida VIP at https://vendor.myfloridamarketplace.com/(click on “Search Advertisements”) under this bid number. It is the responsibility of all potential bidders to monitor this site for any changing information prior to submitting your bid. All addenda will be acknowledged by signature and subsequent submission of addenda with bid when so stated in the addenda.

5) DIVERSITY ACHIEVEMENT

The Department encourages the recruitment and utilization of small, minority, women, and service-disabled veteran businesses. 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.

6) PRICES/DELIVERY

Prices shall be firm, net, delivered prices, free on board (F.O.B.) destination.

7) IN-STATE PREFERENCE FOR COMMODITY BIDS

Not applicable because federal funds will be used for this bid.

8) INTENDED AWARD

As the best interest of the state may require, the right is reserved to make award(s) by individual item, group of items, all or none, or a combination thereof: on a geographical district basis and / or on a statewide basis with one or more suppliers to reject any and all bids or waive any minor irregularity or technicality in bids received. When it is determined there is competition to the lowest responsible bidder, evaluation of other bids is not required. Bidders are cautioned to make no assumptions unless their bid has been evaluated as being responsive. All awards made because of this bid shall conform to applicable F.S. If the Department is confronted with identical pricing or scoring from multiple vendors, the Department shall determine the order of award using the following criteria, in the order of preference listed below (from highest priority to lowest priority):

1. Section 295.187(4), F.S.; Veteran Business Enterprise

2. Section 287.087, F.S.; Drug Free Workplace

3. Section 287.057(11); Minority Business Enterprise

In the event that the application of the above referenced preferences does not resolve the identical replies, the Department shall determine the award by means of random drawing.

9) PRE-BID CONFERENCE:

A PRE-BID CONFERENCE WILL NOT BE HELD.

10) PRODUCT REQUIREMENTS/SPECIFICATIONS

Any deviation from specifications indicated herein must be clearly pointed out; otherwise, it will be considered that items offered are in strict compliance with these specifications, and the successful bidder will be held responsible. Deviations must be explained in detail on separate attached sheet(s).

11) ACCEPTANCE

In order for the mitigation credits to be accepted by the Department, the mitigation credits must be as detailed in the technical specifications. Documents certifying credit availability shall include a valid Mitigation Banking Instrument (federal permit) and ledger from the United States Army Corps of Engineers.

12) REVIEW OF BIDDER'S MITIGATION SITE & DOCUMENTS

After the bid due date and prior to contract execution, the Department reserves the right to perform or to have performed, an on-site inspection of the mitigation site where credits are available for purchase as well as review of the bidder's documents certifying the credits are available for purchase and meet the technical specifications identified. This review will serve to verify information submitted by the bidder and may be used to determine whether the bidder has the appropriate mitigation credits to meet Department mitigation request as specified in the technical specifications.

Should the Department determine that the bid package has material misrepresentations or that the bidder's mitigation credits would not satisfy contract performance, the Department has the right to reject the bid.

13) PROTEST OF ITB SPECIFICATIONS

Any person who is adversely affected by the contents of this ITB 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 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.

14) 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.

15) SCRUTINIZED COMPANIES LISTS

ALL Responses, regardless of dollar value, must include a completed Vendor Certification Regarding Scrutinized Companies Lists to certify the respondent is not on either of those lists.

The Form should be submitted with the bid sheet.

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

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

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

16) RESERVATIONS

The Department reserves the right to accept or reject any or all bids received and reserves the right to make an award without further discussion of the bids submitted. Therefore, the bidder http://procnet.co.dot.state.fl.us/forms/ByNumber.asp?formnumber=375-030-60 http://procnet.co.dot.state.fl.us/forms/ByNumber.asp?formnumber=375-030-60 should make sure that the bid package submitted is complete and accurate and submitted to ensure delivery on or before the bid opening time and date specified in this solicitation. It is understood that the bid will become a part of the Department's official file, without obligation to the Department.

17) ADDITIONAL TERMS & CONDITIONS

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

18) RESPONSIVENESS OF BIDS

Bids will not be considered if not received by the Department on or before the date and time specified as the due date for submission. All bids must be typed or printed in ink. A responsive bid is an offer to provide the items specified in this ITB in accordance with all requirements of this ITB. Bids found to be non-responsive will not be considered. Bids may be rejected if found to be irregular or not in conformance with the specifications and instructions contained herein.

A bid may be found to be irregular or non-responsive by reasons that include, but are not limited to, failure to utilize or complete prescribed forms, modifying the bid specifications, submitting conditional bids or incomplete bids, submitting indefinite or ambiguous bids, or executing forms or the bid sheet with improper and/or undated signatures. Other conditions which may cause rejection of bids include evidence of collusion among bidders, obvious lack of experience or expertise to provide the required items, and failure to perform or meet financial obligations on previous contracts. ALL determinations of responsiveness will be the responsibility of the FDOT Procurement Office.

19) REQUIRED DOCUMENTS

The bidder must use the attached bid sheet to submit its bid. The bid sheet must be signed and dated in ink by a representative who is authorized to contractually bind the bidder. All bid sheets and other documentation submitted in response to this solicitation must be executed and submitted in accordance with Introduction Section No.4, Electronic Submissions of Bids.

20) "DRUG-FREE WORKPLACE" PREFERENCE

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

21) COPYRIGHTED MATERIAL

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

22) ATTACHMENT TO ITB SUBMITTAL - CONFIDENTIAL MATERIAL

The bidder must include any materials it asserts to be exempted from public disclosure under Chapter 119, F.S., in a separate electronic file document labeled "Attachment to ITB, Number DOT-ITB-24-7005-LV – Vendors Name - Confidential Material". The bidder must identify the specific statute that authorizes exemption from the Public Records Law. Any claim of confidentiality on materials the bidder asserts to be exempt from public disclosure and placed elsewhere in the bid will be considered waived by the bidder upon submission, effective after opening.

23) MODIFICATIONS, RESUBMITTAL AND WITHDRAWAL

Bidders may modify submitted bids at any time prior to the bid due date. Requests for modification of a submitted bid shall be in writing and must be signed by an authorized signatory of the bidder. Upon receipt and acceptance of such a request, the entire bid will not be considered unless is resubmitted by the due date and time. Bidders may also send a change in separate email to be opened at the same time as the bid. Bid modification and changes must be submitted in accordance with Introduction Section No.4, Electronic Submissions of Bids.

24) POSTING OF INTENDED DECISION/AWARD

24.1 - General:

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

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

2. A formal written protest and protest bond in compliance with Section 120.57(3), 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.

24.2 - Inability to Post:

If the Department is unable to post as defined above, the Department will notify all bidders by electronic notification on the Florida VIP (see special condition 24.1, above) and/or telephone.

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

24.3 - Request to Withdraw Bid:

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

25) AWARD OF THE CONTRACT

The Department will issue a Contract Workspace in Ariba on Demand.

26) FORMS

The Bidder must complete all required items below and submit them as part of the bid package.

Any bid in which these forms are not used or in which these forms are improperly executed may be considered non-responsive and the bid may be subject to rejection.

Exhibit “B”, Bid Sheet Terms for Federal Aid Contracts (Appendix 1) E-Verify Drug-Free Workplace Program Certification Vendor Certification Regarding Scrutinized Companies Lists

27) 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 Exhibit “A”, Technical Specification Exhibit “B”, Bid Sheet Purchase Order Terms and Conditions – Section 8(B), PRIDE, is not applicable when using federal funds.

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

28) ATTACHED FORMS PUR 1000, GENERAL CONTRACT CONDITIONS AND PUR 1001,

GENERAL INSTRUCTIONS TO RESPONDENTS

These are standard forms that the Department is required to include in all formal solicitations.

The following paragraphs do not apply to this ITB:

Paragraph 3, Electronic Submission – PUR 1001 Paragraph 4, Terms and Conditions – PUR 1001 Paragraph 5, Questions – PUR 1001 Paragraph 31, Dispute Resolution - PUR 1000 Paragraph 40, PRIDE – PUR 1000, when federal funds are utilized.

A-1

EXHIBIT “A”

TECHNICAL SPECIFICATIONS

The Florida Department of Transportation (FDOT) is requesting bids for the purchase of wetland mitigation credits as described in the technical specifications outlined herein. This is an indefinite quantity contract with no guarantee a specific or minimum quantity of credits will be purchased. The Department is seeking vendors able to supply state and/or federal credits for the following habitat types:

• Freshwater non-forested • Saltwater non-forested

• Freshwater forested • Saltwater forested

The Vendor must meet the following minimum criteria:

1. If bidding on the state credits, the Vendor must possess a valid state mitigation banking instrument (i.e., permit). The credits must be acceptable to the Southwest Florida Water Management District (SWFWMD) and the Florida Department of Environmental Protection (FDEP), as appropriate. The Vendor shall provide a copy of its state permit and a copy of its current state ledger to the Department at the time of submittal of its bid. Prior to purchase the Vendor shall provide a copy of its state credit ledger so the number of credits that are available can be verified.

2. If bidding on the federal credits, the Vendor must possess a valid federal mitigation banking instrument (i.e., permit). The credits must be acceptable to the United States Army Corps of Engineers (USACE), as well as all federal review/commenting agencies as appropriate. The Vendor shall provide a copy of its federal permit and a copy of its current federal credit ledger to the Department at the time of submittal of its bid. Prior to purchase the Vendor shall provide a copy of its federal credit ledger so the number of credits that are available can be verified.

a. The federal credits shall include all species credits (e.g., wood stork) tied to each wetland credit. The Vendor must possess a valid Conservation Bank Agreement or other written verification from the United States Fish and Wildlife Service (USFWS) demonstrating the federal species credit satisfies the Department’s mitigation needs. The Vendor shall provide copies of the appropriate document(s) to the Department at the time of submittal of its bid. The Department reserves the right to contact regulatory agencies to verify this information. Prior to purchase the Vendor shall also provide a copy of its current federal ledger so the number of credits available can be verified.

b. The conservation bank service area must be able to satisfy USFWS requirements. Alternatively, a Vendor can provide written verification from the USFWS that its credits are acceptable to offset species impacts for a planned project.

A-2

c. The conservation bank must have the appropriate type of species credits released and available for sale at the time of purchase.

3. If bidding on both state and federal credits under one bid price, the Vendor must meet both criteria 1 and 2 above.

4. The mitigation bank must have the type of credits it is specifically bidding on released and available for sale at the time of bid. The Department will procure credits by purchase order as needed to meet project needs.

5. The credits required shall be certified using the Uniform Mitigation Assessment

Methodology (UMAM) or equivalent.

6. If the Vendor’s credits were assessed using a methodology other than as identified in this ITB, the Vendor must provide documentation from the appropriate permitting agency showing the credits can satisfy the Department’s mitigation need. The Vendor is responsible for calculating any conversion factors and receiving approval from the permitting authority. The Department reserves the right to coordinate with regulatory agencies to determine whether these credits are appropriate to meet its mitigation needs.

The Vendor shall bid using the included bid sheet. A Vendor shall only submit one response per permitted bank and no bids will be accepted from bidders who do not directly own or control the credits. The prospective bidder is not required to be able to provide all the credits anticipated to be needed. A Vendor that can provide both state and federal credits may elect to provide a bid price for each of the following mitigation categories: “State only”, “Federal only” and “Federal & State”.

The Department’s intent is to purchase credits from the lowest bidder or lowest combination of bidders to meet the needs of each project. The Department will purchase credits from the Vendor(s) that provide the lowest cost for the overall mitigation needs for a project. If a low Vendor cannot meet the entire mitigation need for a project, the Department may purchase the remainder from higher bidders to fulfill the total project need. If a Vendor elects to bid on all three mitigation categories (i.e., State only, Federal only, and Federal & State only), the Department will use the bid price associated with the project needs that will produce the lowest purchase price. For each subsequent purchase, the Department reserves the right to purchase available credits from the lowest bidder and proceed in order of bid sheets to determine the best value for the state.

To the extent the credits purchased by the Department exceed the number of actual credits needed for a given project, the Department reserves the right to use any excess credits on future projects. The Department reserves the right to allocate the purchased credits to any Department project. Any excess credits purchased must be reserved by the Vendor for the Department and held for future Department projects only and be available at the Department’s request. The Vendor shall not sell these excess mitigation credits reserved for the benefit of the Department to any third party.

The Vendor will aid the Department by properly updating its ledger(s) and assist as necessary to update regulatory ledger(s) to reflect actual credits used and document the remaining

A-3 credits available for use by the Department.

If following the Department’s mitigation credit purchase, the Vendor becomes subject to non-compliance with either its State or Federal permit, the Vendor shall notify the Department and take all action necessary to prioritize the preservation of the Department’s unassigned or reserved excess mitigation credits when resolving its non-compliance issues.

B-1

EXHIBIT “B”

BID SHEET

* Mitigation Bank Name:

** Mitigation Credit Assessment Methodology:

Price Per Credit

Wetland Credit Type

State only

Federal only

State & Federal

Freshwater

Non-forested

Forested

Saltwater

Non-forested

Forested

* List one bank per table; use multiple sheets if necessary.

** For banks utilizing credit units other than UMAM, include the credit unit name in addition to the cost per unit; attach documentation from the appropriate regulatory agencies describing how credits are derived.

This is a two-year term contract whereby the Vendor agrees to furnish wetland mitigation credits on an as-needed basis to meet the Department’s mitigation needs on a per project basis at the specified bid price. The Department does not guarantee any specific quantity of mitigation credits to be purchased.

At the time of the bid the Vendor must have approved banking instruments (permits) and have available federal and/or state wetland mitigation bank credits and conservation bank credits for purchases that meet the requirements of this Invitation to Bid. Please provide a copy of the mitigation bank’s state and federal permits and a copy of the mitigation bank’s current state and federal ledger sheets.

Delivery: A letter acknowledging receipt shall be delivered to the Department upon notice of award. Delivery will be made within 14 days of receipt of purchase order and shall include confirmation that formal adjustments to the state and/or federal ledgers have

B-2 been made and approved by the appropriate regulatory agencies. Payment will be rendered upon formal adjustments to the ledgers. The Department may consult with the appropriate regulatory agencies to confirm that credits from the respective bank will satisfy mitigation required before the Intended Award is made.

MFMP Transaction Fee: All payments to the Vendor in response to 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.

Note: In submitting a response, the bidder acknowledges they have read and agree to the solicitation terms and conditions and their submission is made in conformance with those terms and conditions.

Acknowledgement: I certify that I have read and agree to abide by all terms and conditions of this solicitation and that I am authorized to sign for the bidder. I certify that the response submitted is made in conformance with all requirements of the solicitation.

Vendor: FEID #:

Address: City, State, Zip:

Phone: Fax: Email:

Authorized Signature: Date:

Printed/Typed Name: Title:

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

DRUG-FREE WORKPLACE PROGRAM CERTIFICATION

375-040-18

PROCUREMENT

03/17

287.087 Preference to businesses with drug-free workplace programs. --Whenever two or more bids, proposals, or replies that are equal with respect to price, quality, and service are received by the state or by any political subdivision for the procurement of commodities or contractual services, a bid, proposal, or reply received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to have a drug-free workplace program, a business shall:

(1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.

(2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.

(3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1).

(4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction.

(5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted.

(6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.

Does the individual responding to this solicitation certify that their firm has implemented a drug-free workplace program in accordance with the provision of Section 287.087, Florida Statutes, as stated above?

YES

NO

NAME OF BUSINESS:

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

E-VERIFY

375-031-06

PROCUREMENT

OGC – 10/21

Contract No: DOT-ITB-24-7005-LV

Financial Project No(s): Various

Project Description: Purchase of Mitigation Credits

In accordance with the contract, the Vendor/Consultant/Contractor hereby acknowledges and certifies compliance with Section 448.095, Florida Statutes. The Vendor/Consultant/Contractor shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees. The Vendor/Consultant/Contractor shall utilize the U.S. Department of Homeland Security’s E-Verify system, in accordance with the terms governing use of the system. The Vendor/Consultant/Contractor shall comply with Section 448.095, Florida Statutes, for the duration of the contract term, including any extensions or renewal periods.

Company/Firm:

Authorized Signature:

Title:

Date:

Florida Statutes:

287.135

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

VENDOR CERTIFICATION REGARDING

SCRUTINIZED COMPANIES LISTS

375-030-60

PROCUREMENT

OGC – 06/18

Respondent Vendor Name:

Vendor FEIN:

Vendor’s Authorized Representative Name and Title:

Address:

City: State: Zip:

Phone Number:

Email Address:

Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of $1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes.

As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the section entitled “Respondent Vendor Name” is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List. I further certify that the company is not engaged in a boycott of Israel. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney’s fees, and/or costs.

Certified By:

who is authorized to sign on behalf of the above referenced company.

Authorized Signature Print Name and Title:

Date:

375-040-40

PROCUREMENT

08/20

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

TERMS FOR FEDERAL AID CONTRACTS (APPENDIX I):

CONTRACT (Purchase Order) # DOT-ITB-24-7005-LV

During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the “Contractor”) agrees as follows:

A. It is understood and agreed that all rights of the Florida Department of Transportation relating to inspection, review, approval, patents, copyrights, and audit of the work, tracing, plans, specifications, maps, data, and cost records relating to this Agreement shall also be reserved and held by authorized representatives of the United States of America.

B. It is understood and agreed that, in order to permit federal participation, no supplemental agreement of any nature may be entered into by the parties hereto with regard to the work to be performed hereunder without the approval of U.S. Department of Transportation (hereinafter “USDOT”), not withstanding anything to the contrary in this Agreement.

C. Compliance with Regulations: The Contractor shall comply with the regulations relative to nondiscrimination in Federally-assisted programs of the USDOT, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement.

D. Nondiscrimination: The Contractor, with regard to the work performed during the Agreement, shall not discriminate on the basis of race, color, national origin, sex, age, disability, religion or family status in the selection and retention of subcontractors, including procurements of materials and leases of equipment.

The Contractor shall not participate either directly or indirectly in the discrimination prohibited by section

21.5 of the Regulations, including employment practices when the Agreement covers a program set forth in Appendix B of the Regulations.

E. Solicitations for Subcontractors, including Procurements of Materials and Equipment: In all solicitations made by the Contractor, either by competitive bidding or negotiation for work to be performed under a subcontract, including procurements of materials or leases of equipment; each potential subcontractor or supplier shall be notified by the Contractor of the Contractor’s obligations under this Agreement and the Regulations relative to nondiscrimination on the basis of race, color, national origin, sex, age, disability, religion or family status.

F. Information and Reports: The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information the Contractor shall so certify to the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information.

G. Sanctions for Noncompliance: In the event of the Contractor’s noncompliance with the nondiscrimination provisions of this Agreement, the Florida Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to:

a. withholding of payments to the Contractor under the Agreement until the Contractor complies, and/or

b. cancellation, termination or suspension of the Agreement, in whole or in part.

H. Incorporation of Provisions: The Contractor shall include the provisions of paragraphs (C) through (I) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. In the event a Contractor becomes involved in, or is threatened with, litigation with a sub-contractor or supplier as a result of such direction, the Contractor may request the Florida Department of Transportation to enter into such litigation to protect the interests of the Florida Department of

08/20

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

TERMS FOR FEDERAL AID CONTRACTS (APPENDIX I):

Transportation, and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.

I. Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);

and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 -- 12189) as implemented by USDOT regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

J. Interest of Members of Congress: No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefit arising therefrom.

K. Interest of Public Officials: No member, officer, or employee of the public body or of a local public body during his tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. For purposes of this provision, public body shall include municipalities and other political subdivisions of States; and public corporations, boards, and commissions established under the laws of any State.

L. Participation by Disadvantaged Business Enterprises (“DBE”): The Contractor shall agree to abide by the following statement from 49 CFR 26.13(b). The statement that follows shall be included in all subsequent agreements between the Contractor and any sub-contractor or contractor:

“The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate.”

Pursuant to 49 CFR 26.11(c) , the Contractor shall submit the bid opportunity list at the time of contract execution, and shall enter DBE commitment and payment information in the Florida Department of Transportation’s Equal Opportunity Compliance (EOC) system. The Contractor shall request access to the EOC system using Form No. 275-021-30.

M. It is mutually understood and agreed that the willful falsification, distortion or misrepresentation with respect to any facts related to the project(s) described in this Agreement is a violation of the Federal Law. Accordingly, United States Code, Title 18, Section 1020, is hereby incorporated by reference and made a part of this Agreement.

N. It is understood and agreed that if the Contractor at any time learns that the certification it provided the Florida Department of Transportation in compliance with 49 CFR, Section 26.51, was erroneous when submitted or has become erroneous by reason of changed circumstances, the Contractor shall provide immediate written notice to the Florida Department of Transportation. It is further agreed that the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" as set forth in 49 CFR, Section 29.510, shall be included by the Contractor in all

08/20

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

TERMS FOR FEDERAL AID CONTRACTS (APPENDIX I):

lower tier covered transactions and in all aforementioned federal regulation.

O. The Florida Department of Transportation hereby certifies that neither the Contractor nor the Contractor's representative has been required by the Florida Department of Transportation, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this Agreement, to

1. employ or retain, or agree to employ or retain, any firm or person, or

2. pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind;

The Florida Department of Transportation further acknowledges that this Agreement will be furnished to a federal agency, in connection with this Agreement involving participation of Federal-Aid funds, and is subject to applicable State and Federal Laws, both criminal and civil.

P. The Contractor hereby certifies that it has not:

1. employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person to solicit or secure this contract (except a bona fide employee or Agency); or

2. agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this contract; or

3. paid, or agreed to pay, to any firm, organization or person any fee contribution, donation, or consideration of any kind for, or in connection with, procuring or…