Scope of Services - Draft.pdf

Contract Number: Z7091-R0

SCOPE OF SERVICES

EMERGENCY ROADSIDE ASSISTANCE SERVICES

DURING EVACUATIONS AND OTHER EVENTS

Interstate Corridor Contract

1.0 DESCRIPTION

The purpose of this Contract is to provide Emergency Roadside Assistance Services during evacuation events or other events as needed. Emergency Roadside Assistance Services must be provided in this order of priority:

1. Safely push, pull, or tow all Disabled Vehicles from the travel lanes and shoulders so that the Disabled Vehicles are not obstacles or hazards to the safe flow of traffic.

2. After relocating Disabled Vehicles to a safe location on the side of the road, perform minor diagnostic service and repair of Disabled Vehicles to get the Disabled Vehicle moving again.

3. If Disabled Vehicles cannot be re-mobilized within 15 minutes of initiating minor diagnostic service and repair, transport Motorists to a commercial establishment at the next/nearest Interstate exit.

This is a Performance-Based Contract to provide Emergency Roadside Assistance Services for the Interstate Seventy-Five (75) Northbound corridor in Hillsborough, Pasco, and

Hernando Counties from the Manatee County line to the Sumter County Line (Approx. 67.5 miles)

Interstate Four (4) Eastbound corridor in Hillsborough County from the I-4/I- 275 Interchange to Polk County Line. (Approx. 25 miles)

No quantities are guaranteed and there will be no unit cost adjustment for quantities required over or under the estimated quantities.

Provide all personnel, labor, supervision, expertise, vehicles, equipment, materials, parts, licenses, certifications, supplies and incidentals necessary to complete the services described in this Contract. All services performed under this Contract shall be conducted in accordance with all applicable federal, state, and local laws.

Perform all Emergency Roadside Assistance Services under this Contract in accordance with the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, and any Specifications detailed in this scope and Standard Plans.

The Contractor shall at all times have a minimum of five (5) Emergency Assistance Vehicles (EAV’s) and three (3) Support Vehicles available for mobilization once a task work order is issued by the Department. All vehicles deployed as part of this Contract must be maintained until officially released by the Department.

The Department, at its sole discretion and at any time, may elect to perform services with in-house forces or additional contract forces.

The Contractor is required to perform, with its own organization, work amounting to not less than 30% of each Task Work Order amount.

The Contractor shall provide a letter to the Department at the time of bid, from a surety authorized to do business in the State of Florida, verifying the Contractor is bondable in the State of Florida. For the purposes of this Contract the dollar amount is established at $250,000.00.

Within five days after receipt of the initial Task Work Order or subsequent Task Work Orders pursuant to this Contract and at all times during the term hereof, including renewals and extensions, the Contractor shall furnish to the Department, and maintain in effect throughout the life of the Contract, an acceptable Contract Bond in a sum at least equal to the total amount of the Task Work Orders. Execute such Contract Bond on Department Form 375-020-27. Obtain the Contract Bond from a Surety licensed to conduct business in the State of Florida, meeting all of the requirements of the laws of Florida and the regulations of the Department and having the Department’s approval. Ensure that the Surety’s Florida Licensed Insurance Agent’s name, address, and telephone number is clearly stated on the Contract Bond form. The Contractor may choose to furnish separate Contract Bonds for each Task Work Order.

Submit a completed Contractor’s Affidavit and Surety Consent (Form 21-A) (Department Form Number 700-050-21) for each Contract Bond to the Department within 90 days of the end of the Task Work Order(s) associated to the Contract Bond. Failure to submit this form or forms may result in a determination of Contractor Non-Responsibility under the provisions of 14-22.0141, F.A.C., and the Contractor will be prohibited from bidding, subcontracting, or acting as a material supplier on any Department contracts.

1.1 Task Work Orders

The Department will authorize Contractor services on an as-needed basis by issuing one or more Task Work Order. For each Task Work Order, the Department will prepare an estimate of work and price based on the rates established in the Contract Schedule of Items, and establish the maximum amount of compensation that can be paid for each Task Work Order. Final compensation for each Task Work Order must not exceed the maximum amount of compensation established on the Task Work Order. Do not perform work related to a Task Work Order that will exceed the maximum amount of compensation. Roadside Assistance Services to be provided must be initiated and completed by the Contractor within the terms of the Contract and the Task Work Orders issued as directed by the Department.

The Contractor may not perform any work off the state road system until the Department authorizes the work and coordinates with the appropriate jurisdiction(s).

1.2 Media Interaction

All inquiries by a member of the media or any elected official shall be directed to the Department’s Communication’s Office. The Contractor shall disseminate this requirement to all employees and sub-contractors on the Contract.

1.3 Definitions

The following terms, when used in the Contract Documents, have the meaning described.

A. Disabled Vehicle. Any vehicle, as vehicle is defined in s. 316.003(97), F.S., which is not operable under its own motive power.

B. District Emergency Operations Center (EOC). A building or room located within the District where emergency response command operations occur.

C. Emergency Assistance Vehicle (EAV). A properly equipped truck capable of towing, pulling, or pushing Disabled Vehicles and storing and transporting supplies and equipment to perform Emergency Roadside Assistance Services. When this term is used in this Contract, it may refer to the actual vehicle or any of the operators or personnel associated with the vehicle.

D. Emergency Roadside Assistance Services. Performing the following in accordance with the conditions set forth in this Agreement: push, pull, or tow the Disabled Vehicles to a safe location on the side of the road and off of the travel lanes; provide fuel, change tires, and perform other minor vehicle repairs to restore the Disabled Vehicle for travel; and, if a Disabled Vehicle cannot be re-mobilized within 15 minutes of initiating minor diagnostic service and repair, transport Motorists to a commercial establishment at the next/nearest Interstate exit.

E. Event Duration. The total number of hours EAVs are operating during an event, which begins at the time that the EAVs are required to arrive at their staging locations and ends when the Department directs services to be discontinued. An estimated Event Duration is calculated for each Task Work Order.

F. FHP. The Florida Highway Patrol. FHP may be contacted for assistance when needed.

G. Law Enforcement Officer (LEO). A sworn officer with a vehicle that may be staged at defined locations or patrolling along the service corridor. LEOs may be contacted for assistance when needed.

H. Motorist. The occupant(s) of a Disabled Vehicle.

I. Response Time. The amount of time it takes for an EAV to arrive at a Disabled Vehicle’s location after becoming aware that the Disabled Vehicle needs assistance.

J. Road Ranger. An individual or unit contracted with the Department that patrols specifically defined locations on Florida’s State Highway System to aid in incident response, quick clearance, safety of the traveling public, and provision of assistance to any Motorist in need.

K. Emergency Shoulder Use (ESU) Plans. A set of plans developed by the Department that shows the start and end points of ESU, the staging locations of LEOs, and possible staging locations of EAVs. The ESU Plans are for reference only and are subject to change.

L. Support Vehicle. A vehicle used to resupply and service EAVs; a vehicle used to transport Motorists such as a van, small bus, or other form of transportation; and any other vehicle used in conjunction with EAVs to help accomplish the services.

M. Traffic Management Center (TMC). The location within the District where traffic is monitored via Intelligent Transportation Systems (ITS) and traffic cameras. The TMC has the ability to contact and relay messages to FHP, LEOs, Department personnel, and other emergency responders. When direct communication with any of these entities is difficult or impractical during emergency events and evacuations, the TMC should be contacted when assistance is needed from these entities.

2.0 SERVICES TO BE PROVIDED BY THE CONTRACTOR

2.1 Field Operations and Administrative Duties

Provide all equipment, labor and materials necessary to perform the following listed services in accordance with all applicable federal, state and local rules, regulations, and laws.

A. Within 30 days of award of this Contract, provide initial staging locations of EAVs and support vehicles that will be provided when mobilization is complete and services are to begin.

B. Attend planning meetings and submit reports as requested by the Department.

C. Upon Department issuance of a Task Work Order to activate services, deploy EAVs and support vehicles and arrive at initial staging locations by the Department designated date and time. The Department will pay for one mobilization, per the Schedule of Items, each time a Task Work Order is issued and EAVs and support vehicles arrive at the initial staging location(s).

D. Perform Emergency Roadside Assistance Services under the supervision of a superintendent. During operations and depending upon the situation, the Department will require the superintendent to either:

o Be physically located at the EOC or other Department-designated location; or o Be available immediately via phone and capable of reporting in person to a

Department designated location within forty-five (45) minutes of notification to correct any issues that may arise; or o Report status of operations and utilization of EAV services at interval times, as determined by the Department, during the Event Duration to a Department designated representative.

E. Provide instantaneous and reliable communication between the superintendent, EAVs, Support Vehicles, the Department, LEOs, and FHP either directly or via the TMC. Coordinate with LEOs, FHP, the Department, and other state agencies. In some cases, other Emergency Roadside Assistance Service contractors, Road Rangers, other contracted personnel, and Department personnel may be present and performing similar tasks to those tasks required by this Contract within the same geographic areas. Presence of any of these other entities does not alleviate any of the duties and responsibilities of this Contract; coordinate with these other entities as appropriate so that Emergency Roadside Assistance Services are performed effectively.

F. In addition to other forms of reliable communications, equip each EAV with a smartphone capable of accessing the internet; running emergency, mapping, and traffic applications; e-mailing; and making/receiving phone calls.

G. Maintain and keep in operation and on stand-by, the number of EAVs, Support Vehicles, and personnel to meet the Response Time requirements for each Disabled Vehicle and provide non-stop Emergency Roadside Assistance Services 24 hours per day, 7 days per week until released by the Department at the end of the Event Duration. The Event Duration will be determined by the Department, depending upon the severity of the event as it unfolds. While assisting one Disabled Vehicle, other Disabled Vehicles may simultaneously need assistance, especially when traffic is heavy and moving slowly; thus, EAV coordination and rapid mobilization of additional EAVs will be required to meet Response Time requirements.

H. EAVs must move (push, pull, or tow) Disabled Vehicles, with the least delay practicable, to a safe location on the side of the road, using all appropriate safety precautions. Do not damage Disabled Vehicles when moving them. If a Disabled Vehicle must be moved, then prior to moving the Disabled Vehicle, give Disabled Vehicles’ driver a copy of the following three statutes:

o s. 316.065, F.S. (when driver must give notice of crash);

o s. 316.061, F.S. (when driver must remain at the scene of a crash, driver must move vehicle involved in a crash out of traffic, and the Department and their authorized agents have authority to move damaged vehicles); and o s. 316.071, F.S. (driver must move Disabled Vehicle or allow EAV to help move if obstructing flow of traffic).

After providing the statutes listed above, then request the Disabled Vehicle’s driver for permission for the EAV to push, pull, or tow the Disabled Vehicle to a safe location on the side of the road. If the Disable Vehicle’s driver refuses to allow a disabled or damaged vehicle to be moved, contact FHP for assistance. Remain on the scene until FHP or Road Rangers arrive and indicate services are no longer needed.

I. The Contractor is authorized to relocated abandoned vehicles. Therefore, when encountering an apparently abandoned vehicle that is impeding traffic or should be relocated to a safer location, push, pull, or tow the vehicle to a safe location on the side of the road. Afterward, contact FHP to report the abandoned vehicle and provide the vehicle information as requested by FHP.

J. EAVs must provide the following assistance to Motorists: provide at least two gallons of fuel, repair flat tires or change flat tires with a spare from the Disabled Vehicle, jumpstart Disabled Vehicles with dead batteries, fix mechanical failures, and perform other vehicle repairs that can be remedied within 15 minutes of initiating minor diagnostic service and repair to the Disabled Vehicle.

K. Transport Motorists from Disabled Vehicles that cannot be timely remobilized to a commercial establishment at the next or nearest exit. Transported Motorists may be dropped off at a Rest Area if the Motorists prefer and if it is closer than a commercial establishment. Transport may be accomplished with EAVs, if room allows, or with other safe and effective vehicles as deemed necessary.

If Motorists have pets, transport pets that are contained or under continuous control by their owners (cages, leashes, harnesses, etc.). If, in the judgment of the Contractor, a pet could compromise the safety of passengers or other animals during the transport operation, do not transport the pet in the vehicle providing transport; instead, offer to the Motorists the option to safely place the pet in the Disabled Vehicle and tow the vehicle, with pets safely inside, to the same location to where the Motorist will be transported. If Motorist decline to accept this option, this is deemed as the motorist declining to be transported.

If Motorists have belongings, transport the belongings. Do not transport belongings if, in the judgment of the Contractor, the belongings are unnecessary or could compromise the safety of passengers or animals during the transport operation.

If, for any reason, a Motorist decline to be transported by the Contractor, document their decision and assist them in obtaining repair or towing service by contacting FHP for rotation towing service or for a towing service requested by the Motorist. Rotation towing service or other towing service requested by the Motorist shall be at the Motorist's expense.

L. If the Motorist agrees to be transported, but the EAV is not capable of transporting all of the Motorists, stay with Motorists awaiting transport until the appropriate transportation arrives. Waiting is not required when Motorists choose to decline transportation services from the Contractor. While awaiting transport for Motorists (or awaiting FHP or Road Rangers), all required Response Times must still be met for other Disabled Vehicles in need of assistance.

M. Keep a Department-supplied log sheet (see Appendix A) in each EAV. Complete the log as Motorists are assisted. Request that each assisted Motorist initial the log confirming the information on the log sheet is approximately correct. If a Motorist refuses to initial the log, indicate the refusal on the log. Turn in the logs to the Department upon fulfillment of the Task Work Order.

N. Keep a Department-supplied log sheet (see Appendix B) in each Support Vehicle used for transportation of Motorists. Complete the log as Motorists are transported.

Request that each assisted Motorist initial the log confirming the information on the log sheet is approximately correct. If a Motorist refuses to initial the log, indicate the refusal on the log. Turn in the logs to the Department upon fulfillment of the Task Work Order.

O. Alcohol/Drugs/Tobacco:

Do not smoke, vape, or use tobacco within any vehicle. Do not allow passengers to smoke, vape, or use tobacco within any vehicle during transport.

Do not smell of alcohol, be intoxicated, or be under the influence of alcohol or any controlled substance or medical prescription or any other drug that causes impairment anytime while working or reporting for duty under this contract.

If the Contractor or the Department discover a violation of any part of this Alcohol/Drugs/Tobacco section, they shall immediately and permanently remove the violator from eligibility to work under this contract.

P. Provide all services free of charge to Motorists. Do not accept payment of tips or any other form of compensation from Motorists.

Q. Bear the cost of repair of any damage caused by negligence of the operator to a Motorist’s property while performing services under the Contract. Document damage with digital photos and provide them electronically to the Department and Motorist. Notify the Department, in writing, and provide the digital photos of any and all claims of injury or damage against the Contractor within twenty-four (24) hours of the claim being made.

2.2 Contractor Equipment and Personnel

A. All EAVs and Support Vehicles must:

Be capable of carrying all necessary equipment and supplies to perform the services specified in this Contract. Light wreckers, vans, buses, and pick-up trucks are examples of vehicles that may be suitable for use as EAVs and Support Vehicles.

Have seat belts and all equipment safety devices recommended by the manufacturer installed, properly maintained, and in good working condition.

Be neat, clean, in good condition, in good working order, and properly licensed and insured.

Display clear and legible signs painted or affixed that clearly say “EMERGENCY ROADSIDE ASSISTANCE SERVICE” and “FREE

ASSISTANCE”.

Clearly and legibly display the Contractor’s or subcontractor’s name.

Be equipped with a minimum of one Class 2 warning light that meets the

Society of Automotive Engineers Recommended Practice SAE J595, dated November 1, 2008, or SAE J845, dated December 1, 2007, and incorporated herein by reference. Existing lights that meet SAE J845, dated March, 1992, or SAE J1318, dated April, 1986, may be used to their end of service life. The warning lights must be a high intensity amber or white rotating, flashing, oscillating or strobe light. Lights must be unobstructed by ancillary vehicle equipment such as ladders, racks or booms and be visible 360 degrees around the vehicle. If the light is obstructed, additional lights will be required. The lights must be operating when the vehicle is providing Emergency Roadside Assistance Services and when driving anywhere other than a legal travel lane.

B. All EAVs and Support Vehicles and their associated equipment, accessories and parts are subject to periodic inspection by the Department. Remove from service and immediately replace any EAV or Support Vehicle determined by the Department to be unsafe, poorly maintained, or improperly equipped.

C. Ensure all drivers have a safe driving record and possess proper driver’s licenses for the type of vehicle they are driving.

D. Ensure all Contractor and subcontractor personnel have and utilize personal protective safety gear in accordance with Department requirements, OSHA requirements, and company safety policies. Conduct safety meetings with field staff, as necessary. ANSI Class 3 reflective apparel is required whenever the operator is out of the EAV.

2.3 Invoicing

A. Provide proper documentation to the Department for all Emergency Roadside Assistance Services to ensure reimbursement eligibility to the Department from the applicable Federal Disaster Reimbursement Program(s) (“FDRP”), which includes but is not limited to, programs of the Federal Highway Administration and the Federal Emergency Management Agency.

B. Request payment for services completed and accepted by the Department by submitting a monthly certified invoice using the pay items and unit prices contained in the Contract. The Contractor shall include the Contract Number, the Financial Project Number, the Invoice Number, the Invoice Date and the period that the invoice represents. With each certified invoice submitted for payment, the Contractor shall include a Certification Disbursement of Previous Periodic Payment to Subcontractors (Form 700-010-38) and the amount paid to all subcontractors performing services under this Contract to date. The Certification Disbursement of Previous Periodic Payment is not required with the 1st invoice but is required with all invoices thereafter.

Invoices shall be submitted to:

Florida Department of Transportation 2822 Leslie Road Tampa, FLO 33619 Attention: Robert Johnson

C. Prepare all invoices in an electronic format acceptable to the Department and in accordance with federal, state and local rules, regulations and laws. Invoices shall include receipts and all documentation necessary to support the quantities and amounts invoiced.

3.0 SERVICES TO BE PROVIDED BY DEPARTMENT OR ITS DESIGNATED

REPRESENTATIVE

3.1 Field Operations

A. At the discretion of the Department, in the event that fuel is not commercially available, the Department may supply fuel for the Contractor’s vehicles performing Emergency Roadside Assistance Services. All performance measures and Response Time requirements remain in effect during this, and any other, refueling operation.

At such time that fuel becomes available commercially, the Contractor shall be responsible for fueling its own vehicles. The determination regarding the commercial availability of fuel resources will be made solely by the Department.

The Department will provide a means of tracking any fuel disbursed to the Contractor. Any fuel disbursed for the purposes of the Contractor’s fleet must be reimbursed by the Contractor and the cost of such fuel will be deducted from future invoices. The basis for the fuel cost will be the actual cost of the fuel as reflected on either the Department’s most recent invoice received prior to issuance of the Task Work Order or the Department’s invoice for emergency fuel, depending on which fuel is disbursed to the Contractor.

B. The Department shall provide a minimum of twenty-four (24) hours notification to the Contractor of the following: description of the emergency event, estimated Event Duration, corridor location to be serviced, required date/time to report to staging locations and begin services, and contact information for the Department’s representative.

C. The Department will monitor the Contractor’s operations.

D. The Department may conduct periodic inspections of EAVs and Support Vehicles to determine compliance with Contract requirements.

3.2 Administration and Paperwork

A. The Department will provide the locations of median crossovers that may be used by the Contractor. The anticipated locations can be found in the ESU Plans.

B. The Department shall provide a spreadsheet to the Contractor to be used to prepare invoices to properly document the Contract services in accordance with Department and FDRP requirements.

C. The Department shall provide a copy of Sections 316.065, 316.061, and 316.071, Florida Statutes, for Contractor distribution to Motorists. The Contractor may make as many copies of this these documents as needed.

4.0 METHOD OF MEASUREMENT

The cost of any work that is necessary to meet the requirements of this Contract will be incidental to the pay item shown in the Contract Schedule of Items. Measurement for this pay item will be the total number of hours of Event Duration, for each Task Work Order.

5.0 PERFORMANCE MEASURES and DEDUCTIONS for FAILURE TO PERFORM

The Department will periodically evaluate the Contractor’s performance and compliance with the Scope of Services. If the Contractor does not meet or exceed the performance standards established herein, the Department will assess deductions from the invoice.

The Response Time requirement for this contract is 30 minutes. In extreme cases of traffic congestion and excessive volumes of Disabled Vehicles, the Contractor may request an extension of the Response Time requirement. The Department will consider the request and, if determined justified, will grant a temporary increase to the Response Time for a specified start and end time.

The following chart details the specific deductions that may be assessed for failure to perform any of the listed duties. Each of the deductions below may be reassessed for each day (measured in 24-hour blocks from when services begin) of non-compliance.

PERFORMANCE CRITERIA

Deficiency Identification Time Allowed/Criteria Deduction

a) Failure to arrive at staging locations, be fully mobilized, and be ready to begin services at the time specified in the

Task Work Order.

Immediately upon failure to be fully mobilized at the required time.

$10,000 per Task Work Order plus $250 per each 15 minutes beyond the required time to be mobilized. This will continue to accrue indefinitely until mobilization is complete.

b) Failure to meet the required

Response Time.

Immediately upon discovery or upon being dispatched.

$200 per Disabled Vehicle per each 15 minutes beyond the specified Response

Time. This will continue to accrue indefinitely until the arrival at the vehicle.

c) Failure to attempt to remobilize a Disabled Vehicle.

Immediately upon discovery.

$1,000 per Disabled Vehicle.

d) Failure to attempt to transport Motorists or pets or failure to stay with the

Motorists while awaiting transport.

Immediately upon discovery.

$5,000 per Disabled Vehicle.

e) EAV or support vehicle operator is under the influence of alcohol or any controlled substance or drug while on duty.

Immediately upon discovery.

$10,000 per occurrence.

6.0 BASIS OF PAYMENT

Price and payment will be full compensation for all services specified in this scope and as shown in the unit prices in the Contract Schedule of Items, less any withholdings and deductions.

7.0 GENERAL REQUIREMENTS

The January 2021 Edition of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction is revised as follows:

DEFINITIONS AND TERMS.

ARTICLE 1-3. The definition of ‘Contract Documents’ is deleted and replaced by the following:

Contract Documents.

The term “Contract Documents” includes: Advertisement for Proposal, Proposal, Certification as to Publication and Notice of Advertisement for Proposal, Appointment of Agent by Nonresident Contractors, Noncollusion Affidavit, Warranty Concerning Solicitation of the Contract by Others, Resolution of Award of Contract, Executed Form of Contract, Performance Bond and Payment Bond, Specifications, Plans (including revisions thereto issued during construction), Standard Plans, Addenda, or other information mailed or otherwise transmitted to the prospective bidders prior to the receipt of bids, task work orders and supplemental agreements, all of which are to be treated as one instrument whether or not set forth at length in the form of contract.

Note: As used in Sections 2 and 3 only, Contract Documents do not include work orders, and supplementary agreements. As used in Section 2 only, Contract Documents also do not include Resolution of Award of Contract, Executed Form of Contract, and Performance and Payment Bond.

ARTICLE 1-3. The definition of ‘Engineer’ is deleted and replaced by the following:

Engineer.

The Director, Office of Maintenance, acting directly or through duly authorized representatives; such representatives acting within the scope of the duties and authority assigned to them.

Note: In order to avoid cumbersome and confusing repetition of expressions in these Specifications, it is provided that whenever anything is, or is to be done, if, as, or, when, or where “acceptable, accepted, approval, approved, authorized, condemned, considered necessary, contemplated, deemed necessary, designated, determined, directed, disapproved, established, given, indicated, insufficient, ordered, permitted, rejected, required, reserved, satisfactory, specified, sufficient, suitable, suspended, unacceptable, or unsatisfactory,” it shall be understood as if the expression were followed by the words “by the Engineer,” “to the Engineer,” or “of the Engineer.”

ARTICLE 1-3. The definition of “Plans” is deleted and replaced by the following

Plans.

The approved Plans, including reproductions thereof, showing the location, character, dimensions, and details of the work.

In this contract, references to “the Plans” mean the Department’s Standard Plans, and revisions thereto current at the time of contract letting, unless otherwise directed in the Contract Documents. When Plans are included as part of this contract, references in this contract to “the Plans” mean such Plans and the Department’s Standard Plans, and revisions thereto current at the time of contract letting, unless otherwise directed in the Contract Documents.

PROPOSAL REQUIREMENTS AND CONDITIONS – PREQUALIFICATION OF

BIDDERS.

ARTICLE 2-1 is deleted and the following substituted:

2-1 Contractor Experience.

The Department does not require a Contractor to have a certificate of qualification if bidding Maintenance contracts. Maintenance contracts may require potential bidders to have and document certain experience in the type of work required for the contract. If this requirement is applicable to a contract, detailed experience requirements will be listed in the advertisement and a form will be included with the bid package to document such experience. The form must be fully and accurately completed by the potential bidder and received by the Department before or at the opening of the bids.

A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit the following:

1. A bid on a Contract to provide any goods or services to a public entity.

2. A bid on a Contract with a public entity for the construction or repair of a public building or public work.

3. Bids on leases of real property to a public entity.

A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 F.S., for Category Two. All restrictions apply for a period of 36 months from the date of placement on the convicted vendor list.

ARTICLE 2-4 is deleted and the following substituted:

2-4 Examination of Plans, Specifications, Special Provisions, and Site of Work.

Examine the Contract Documents and the site of the proposed work carefully before submitting a Proposal for the work contemplated. Investigate the conditions to be encountered, as to the character, quality, and quantities of work to be performed and materials to be furnished and as to the requirements of all Contract Documents.

Direct all questions to the Department by posting them to the Department’s website at the following URL address:

https://fdotwp1.dot.state.fl.us/BidQuestionsAndAnswers/Proposal.aspx/SearchProposal Questions posted to this site before 5:00 P.M. (EST) on the tenth calendar day prior to the bid opening, will be responded to by the Department. For questions posted after this deadline, an answer cannot be assured. For all questions posted before the deadline, the Department will https://fdotwp1.dot.state.fl.us/BidQuestionsAndAnswers/Proposal.aspx/SearchProposal provide and post responses at the same website before 8:00 A.M. (EST) on the second calendar day prior to bid opening. Take responsibility to review and be familiar with all questions and responses posted to this website and to make any necessary adjustments in the proposal accordingly. If the Department’s web site cannot be accessed, contact the District Seven Construction Support Manager at 813-975-6293.

When, in the sole judgment of the Department, responses to questions require plans revisions, specifications revisions and/or addenda, the Contracts Office will issue them as necessary.

The Department does not guarantee the details pertaining to borings, as shown in the Plans, to be more than a general indication of the materials likely to be found adjacent to holes bored at the site of the work, approximately at the locations indicated. The Bidder shall examine boring data, where available, and make their own interpretation of the subsoil investigations and other preliminary data, and shall base their bid solely on their own opinion of the conditions likely to be encountered.

The Bidder’s submission of a Proposal is prima facie evidence that the Bidder has made an examination as described in this Article.

AWARD AND EXECUTION OF CONTRACT – AWARD OF CONTRACT.

SUBARTICLE 3-2.2 is deleted.

ARTICLE 3-9 is deleted and the following substituted:

3-9 Public Records.

The Contractor shall comply with Chapter 119, Florida Statutes. Specifically, the

Contractor shall:

1. Keep and maintain public records required by the Department to perform the service.

2. Upon request from the Department’s custodian of public records, provide the

Department with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by rule or law.

3. Ensure that records exempt or confidential and exempt from disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the Contract if the Contractor does not transfer the records to the Department.

4. Upon completion of the Contract, transfer at no cost to the Department, all public records in possession of the Contractor or keep and maintain public records required by the Department to perform the service. If the Contractor transfers all public records to the Department upon completion of the Contract, the Contractor shall destroy any duplicate records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Department, upon request from the Department’s custodian of public records, in a format that is compatible with the information technology systems of the Department.

Failure to comply with Chapter 119, Florida Statutes and the Article 3-9 shall be grounds for immediate unilateral termination of this Contract by the Department pursuant to 8-9.1.

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE

APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE

CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING

TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC

RECORDS AT:

District 1 863-519-2623 D1prcustodian@dot.state.fl.us Florida Department of Transportation District 1 – Office of General Counsel 801 N. Broadway Bartow, FL 33830

District 2 386-758-3727 D2prcustodian@dot.state.fl.us Florida Department of Transportation District 2 - Office of General Counsel 1109 South Marion Avenue, MS 2009 Lake City, FL 32025

District 3 850-330-1391 D3prcustodian@dot.state.fl.us Florida Department of Transportation District 3 - Office of General Counsel 1074 Highway 90 East Chipley, FL 32428

District 4 954-777-4529 D4prcustodian@dot.state.fl.us Florida Department of Transportation mailto:D1prcustodian@dot.state.fl.us mailto:D2prcustodian@dot.state.fl.us mailto:D3prcustodian@dot.state.fl.us mailto:D4prcustodian@dot.state.fl.us

District 4 – Office of General Counsel 3400 West Commercial Blvd.

Fort Lauderdale, FL 33309

District 5 386-943-5000 D5prcustodian@dot.state.fl.us Florida Department of Transportation District 5 – Office of General Counsel 719 South Woodland Boulevard Deland, FL 32720

District 6 305-470-5453 D6prcustodian@dot.state.fl.us Florida Department of Transportation District 6 – Office of General Counsel 1000 NW 111 Avenue Miami, FL 33172-5800

District 7 813-975-6491 D7prcustodian@dot.state.fl.us Florida Department of Transportation District 7 - Office of General Counsel 11201 N. McKinley Drive, MS 7-120 Tampa, FL 33612

Florida’s Turnpike Enterprise 407-264-3170 TPprcustodian@dot.state.fl.us Turnpike Enterprise Chief Counsel Florida Turnpike – Office of General Counsel Turnpike Mile Post 263, Bldg. 5315 Ocoee, FL 34761

Central Office 850-414-5355 mailto:D5prcustodian@dot.state.fl.us mailto:D6prcustodian@dot.state.fl.us mailto:D7prcustodian@dot.state.fl.us mailto:TPprcustodian@dot.state.fl.us

COprcustodian@dot.state.fl.us Office of the General Counsel Florida Department of Transportation 605 Suwannee Street, MS 58 Tallahassee, Florida 32399-0458

CONTROL OF THE WORK – COORDINATION OF CONTRACT DOCUMENTS.

ARTICLE 5-2. The second paragraph is deleted and the following substituted:

Each of the Contract Documents is an essential part of the Contract. The Contract Documents are intended to be complementary and to be read together as a complete agreement.

In the event of any conflict, ambiguity or inconsistency among the Contract Documents, the order of precedence shall be as follows:

1. Supplemental Agreements;

2. Scope of Services;

3. Technical Special Provisions;

4. Standard Plans eBook and applicable Standard Plans Revisions, as of the date bids are due for this Contract;

5. Standard Specifications for Road and Bridge Construction as of the date bids are due for this Contract; and

6. Other Contract Documents not listed above.

ARTICLE 5-7 is deleted.

SUBARTICLE 5-12.2.2 is deleted.

SECTION 6, CONTROL OF MATERIALS is deleted in its entirety.

LEGAL REQUIREMENTS AND RESPONSIBILITY TO THE PUBLIC.

SUBARTICLE 7-1.1 is expanded by the following:

The FHWA-1273 Electronic version, dated May 1, 2012 is posted on the Department’s website at the following URL address https://www.fhwa.dot.gov/programadmin/contracts/1273/1273.pdf. Take responsibility to obtain this information and comply with all requirements posted on this website up through five calendar days before the opening of bids.

Comply with the provisions contained in FHWA-1273.

mailto:COprcustodian@dot.state.fl.us https://www.fhwa.dot.gov/programadmin/contracts/1273/1273.pdf

ARTICLE 7-11.5.4 is deleted.

ARTICLE 7-14 is deleted and the following substituted:

7-14 Contractor’s Responsibility for Work.

Until the Department’s acceptance of the work, take charge and custody of the work, and take every necessary precaution against injury or damage to the work by the action of the elements or from any other cause whatsoever, arising either from the execution or from the nonexecution of the work. Rebuild, repair, restore, and make good, without additional expense to the Department, all injury or damage to any portion of the work occasioned by any of the above causes before its completion and acceptance, except that in case of extensive or catastrophic damage, the Department may, at its discretion, reimburse the Contractor for the repair of such damage due to unforeseeable causes beyond the control of and without the fault or negligence of the Contractor, including but not restricted to Acts of God, of the public enemy, or of governmental authorities.

ARTICLE 7-16 is expanded by the following:

For this Contract, payment of predetermined minimum wages applies.

The U.S. Department of Labor (USDOL) Wage Rates applicable to this Contract are listed in table below, as modified up through ten days prior to the opening of bids.

Wage Rate Decision Number

Associated Work

Obtain the applicable General Decision(s) (Wage Tables) through the Department’s Office of Construction website and ensure that employees receive the minimum compensation applicable. Review the General Decisions for all classifications necessary to complete the project. Request additional classifications through the Engineer’s office when needed.

For guidance on the requirements for the payment of wages and benefits and the submittal of certified payrolls, and for general guidance and examples of multiple wage rates when assigned to a Contract, refer to the Department’s Office of Construction website. Questions regarding wage rates and the applicability of wage tables should be submitted in accordance with 2-4.

Contact the Department’s Prevailing Wage Rate Coordinator at (850) 414-4688 if the Department’s website cannot be accessed or there are questions.

ARTICLE 7-18 is deleted.

SECTION 7 is expanded by the following new Articles:

7-29 E-Verify.

The Contractor 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 Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the 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.

7-30 Title VI Assurance – DOT 1050.2A, Appendix A and Appendix E.

7-30.1 Appendix A: During the performance of this Contract, the Contractor, for itself, its assignees and successors in interest (hereinafter referred to as the “Contractor”) agrees as follows:

1. Compliance with Regulations: The Contractor shall comply with the Regulations relative to nondiscrimination in Federally-assisted programs of the US Department of Transportation (hereinafter, “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 Contract.

2. Nondiscrimination: The Contractor, with regard to the work performed by it during the Contract, shall not discriminate on the basis of race, color, national origin or sex in the selection and retention of sub-contractors, 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 Contract covers a program set forth in Appendix B of the Regulations.

3. Solicitations for subcontractors, including procurements of materials and equipment: In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under 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 contract and the Regulations relative to nondiscrimination on the basis of race, color, national origin, or sex.

4. 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 or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations, order 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, or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, or Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information.

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

a. withholding of payments to the Contractor under the Contract until the Contractor complies, or

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

6. Incorporation of Provisions: The Contractor shall include the provisions of this Appendix 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 or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, or Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor 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 Transportation, and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.

7-30.2 Appendix E: During the performance of this Contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor” agrees to comply with the following non-discrimination statutes and authorities; including but not limited to:

1. 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;

2. 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 of Federal or Federal-aid programs and projects);

3. Federal-Aid Highway Act of 1973, (23 U.S.C § 324 et seq.), (prohibits discrimination on the basis of sex);

4. 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;

5. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);

6. Airport and Airway Improvement Act of 1982, (49 U.S.C. 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color national origins or sex);

7. 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);

8. Titles II and III of the Americans with Disabilities Act, which prohibits 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 Department of Transportation regulations at 49 C.F.R. parts 37 and 38;

9. 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);

10. 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;

11. 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);

12. Title IX of the Education Amendments of 1972, as amended, which prohibits discrimination based on sex in education programs, or activities (20 U.S.C. 1681 et seq.).

PROSECUTION AND PROGRESS.

SUBARTICLE 8-3.2 is deleted.

SUBARTICLE 8-5 is expanded by the following:

All persons employed by the Contractor or Subcontractors working within the Department’s right-of-way must have Tier 1 Illicit Discharge Detection and…