District Five Gopher Tortoise Relocation and Wildlife Monitoring Services

Transcription

1 State of Florida Department of Transportation REQUEST FOR PROPOSAL District Five Gopher Tortoise Relocation and Wildlife Monitoring Services RFP-DOT TORT Cover Page

2 I N T R O D U C T I O N S E C T I O N 1) INVITATION The State of Florida Department of Transportation, hereinafter referred to as the Department, requests written proposals from qualified Proposers to provide Gopher Tortoise Relocation and Wildlife Monitoring Services within District Five. It is anticipated that the term of the contract will be for three (3) years. The Department intends to award this contract to the responsive and responsible Proposer whose proposal is determined to be the most advantageous to the Department. After the award, said Proposer will be referred to as the Vendor. For the purpose of this document, the term "Proposer" means the prime Vendor acting on its own behalf and those individuals, partnerships, firms, or corporations comprising the Proposer team. The term "proposal" means the complete response of the Proposer to the Request for Proposals (RFP), including properly completed forms and supporting documentation. 2) TIMELINE Provided below is a list of critical dates and actions. These dates are subject to change. Notices of changes (Addenda) will be posted on the Florida Vendor Bid System at (click on BUSINESS, click on Doing Business with the State, under Everything for Vendors and Customers, click on Vendor Bid System (VBS), click on Search Advertisements ) under this RFP number. It is the responsibility of all potential proposers to monitor this site for any changing information prior to submitting your proposal. ACTION / LOCATION DATE LOCAL TIME ADVERTISEMENT DATE December 21, 2017 DEADLINE FOR ALL QUESTIONS January 5, :00AM POSTING ALL QUESTIONS January 8, :30PM PROPOSALS DUE, ON OR BEFORE January 24, :00PM (Technical and Price Proposal) Florida Department of Transportation District Five Headquarters MS Attn: Tammy Hodgkins, CPPB, BAS 719 South Woodland Boulevard DeLand, Florida PUBLIC OPENING (Technical Proposal) January 24, :00PM (same address as above) PUBLIC OPENING / MEETING (Average February 20, :00PM Scores, Open Price Proposal) (same address as above) SELECTION MEETING February 26, :00AM (same address as above) POSTING OF INTENDED AWARD February 26, :00PM

3 3) AGENDA FOR PUBLIC MEETINGS Agenda Public Opening (Technical Proposals) Agenda for Public Opening of Technical Proposals for RFP-DOT TORT: Starting Time: see Timeline in RFP solicitation - Opening remarks of approx. 2 minutes by Department Procurement Office personnel. - Public input period To allow a maximum of 15 minutes total for public input related to the RFP solicitation. - At conclusion of public input or 15 minutes, whichever occurs first, the Technical Proposals received timely will be opened, with proposer s name read aloud and tabulated. Price proposals will be kept secured and unopened until the Price Proposal Opening. - Adjourn meeting. Agenda Average Scores, Price Proposal Opening Agenda for Price Proposal Opening meeting for RFP-DOT TORT: Starting Time: see Timeline in RFP solicitation - Opening remarks of approx. 2 minutes by Department Procurement Office personnel. - Public input period To allow a maximum of 15 minutes total for public input related to the RFP solicitation. - At conclusion of public input or 15 minutes, whichever occurs first, the Technical evaluation scores will be summarized. - Announce the firms that did not achieve the minimum technical score - Announce the firms that achieved the minimum technical score and their price(s) as price proposals are opened. - Announce time and date of Selection/Intended Award decision meeting. - Adjourn Agenda Selection Committee Meeting to Summarize Evaluations and Select Intended Award Agenda for Intended / Recommended Award meeting for RFP-DOT TORT: Starting Time: see Timeline in RFP solicitation - Opening remarks of approx. 2 minutes by Department Procurement Office personnel. - Public input period To allow a maximum of 15 minutes total for public input related to the RFP solicitation. - At conclusion of public input or 15 minutes, whichever occurs first, the Total Scores (technical scores plus price scores) will be summarized. - Announce Intended Award decision. - Announce time and date decision will be posted on the Vendor Bid System (VBS). - Adjourn 4) SPECIAL ACCOMMODATIONS Any person with a qualified disability requiring special accommodations at a pre-proposal conference, public meeting, oral presentation and/or opening shall contact the contact person at the phone number, address or fax number provided on the title page at least five (5) working days prior to the event. If you are hearing or speech impaired, please contact this office by using the Florida Relay Services which can be reached at 1(800) (TDD). S P E C I A L C O N D I T I O N S 1) MyFloridaMarketPlace PROPOSERS MUST BE REGISTERED IN THE STATE OF FLORIDA S MYFLORIDAMARKETPLACE SYSTEM BY THE TIME AND DATE OF THE TECHNICAL PROPOSAL OPENING OR THEY MAY BE

4 CONSIDERED NON-RESPONSIVE (see Special Condition 21). All prospective proposers that are not registered should go to to complete on-line registration, or call for assisted registration. All payment(s) to the vendor resulting from this competitive solicitation WILL be subject to the MFMP Transaction Fee in accordance with the referenced Form PUR 1000 General Contract Condition #14. However, all vendors should be aware, that effective July 1, 2016 through June 30, 2018, in accordance with House Bill 5003 Sec.73, the Transaction Fee will be seven-tenths of one percent (.70%) of the payment issued. The Transaction Fees imposed shall be based upon the date of issuance of the payment. 2) Florida Department of Financial Services (DFS) W-9 REQUIREMENT The Florida Department of Financial Services (DFS) requires all vendors that do business with the state to submit an electronic Substitute Form W-9. Vendors must submit their W-9 forms electronically at to receive payments from the state. Contact the DFS Customer Service Desk at (850) or with any questions. 3) QUESTIONS & ANSWERS In accordance with section (23), Florida Statutes, respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response. All questions arising from this Request for Proposal must be forwarded, in writing, to the procurement agent identified below. Questions must be received no later than the time and date reflected on the Timeline. The Department s written response to written inquiries submitted timely by proposers will be posted on the Florida Vendor Bid System at (click on BUSINESS, click on Doing Business with the State, under Everything for Vendors and Customers, click on Vendor Bid System (VBS), click on Search Advertisements ), under this RFP number. It is the responsibility of all potential proposers to monitor this site for any changing information prior to submitting their proposal. ALL QUESTIONS shall be submitted via to: D5.ProcurementQuestions@dot.state.fl.us 4) ORAL INSTRUCTIONS / CHANGES TO THE REQUEST FOR PROPOSAL (ADDENDA) No negotiations, decisions, or actions will be initiated or executed by a proposer as a result 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 Vendor Bid System at (click on BUSINESS, click on Doing Business with the State, under Everything for Vendors and Customers, click on Vendor Bid System (VBS), click on Search Advertisements ) under this RFP number. It is the responsibility of all potential proposers to monitor this site for any changing information prior to submitting your proposal. All Addenda will be acknowledged by signature and subsequent submission of Addenda with proposal when so stated in the Addenda. 5) DIVERSITY ACHIEVEMENT MINORITY BUSINESS ENTERPRISE (MBE) UTILIZATION The Department, in accordance with Title VI of the Civil Rights Act of 1964, 42 USC 2000d- 2000d-4,

5 Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in federally-assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that the Department will affirmatively ensure that in any contract/agreement entered into pursuant to this advertisement, minority and disadvantaged business enterprises will be afforded the full opportunity to submit bids in response to this invitation and will not be discriminated on the basis of race, color, national origin, or sex in consideration for an award. The Department encourages small, minority, women, and service-disabled veteran businesses to compete for Department contracts, both as Vendor and as subcontractors. The Department, its vendors, suppliers, and consultants should take all necessary and reasonable steps to ensure that small, minority, women, and service-disabled veteran businesses have the opportunity to compete for and perform contract work for the Department in a nondiscriminatory environment. Bidders are requested to indicate their intention regarding MBE participation on the MBE Planned Utilization form and to submit the completed form with their Price Proposal. The contract vendor will be asked to submit payment certification for MBE subcontractors used. To request certification or to locate certified MBEs, call the Office of Supplier Diversity, Department of Management Services at (850) , or access their MBE directory on the Internet at 6) SCOPE OF SERVICES Details of the services, information and items to be furnished by the Vendor are described in Exhibit "A", Scope of Services, attached hereto and made a part hereof. 7) INTENDED AWARD The Department intends to award a contract to the responsive and responsible vendor with the highest cumulative total points for the evaluation criteria specified herein (See Section 30, Proposal Evaluation). The Intended Award decision will be announced at the Selection Committee meeting specified in the Timeline (See Introduction, Section 2, Timeline). If the Department is confronted with identical scoring from multiple vendors, the Department shall determine the order of award in accordance with Rule 60A Florida Administrative Code. 8) PRE-PROPOSAL CONFERENCE: A PRE-PROPOSAL CONFERENCE WILL NOT BE HELD. 9) QUALIFICATIONS 9.1 General The Department will determine whether the Proposer is qualified to perform the services being contracted based upon their proposal demonstrating satisfactory experience and capability in the work area. The Proposer shall identify necessary experienced personnel and facilities to support the activities associated with this proposal. 9.2 Qualifications of Key Personnel Those individuals who will be directly involved in the project should have demonstrated experience in the areas delineated in the scope of work. Individuals whose qualifications are presented will be committed to the project for its duration unless otherwise excepted by the Department's Project Manager. Where State of Florida registration or certification is deemed appropriate, a copy of the registration or certificate should be included in the proposal package. 9.3 Authorized To Do Business in the State of Florida In accordance with sections , (2)(b), and , Florida Statutes, out-of-state

6 corporations, out-of-state limited liability companies, and out-of-state limited partnerships must be authorized to do business in the State of Florida. Such authorization should be obtained by the proposal due date and time, but in any case, must be obtained prior to posting of the intended award of the contract. For authorization, contact: Florida Department of State Tallahassee, Florida (850) Licensed to Conduct Business in the State of Florida If the business being provided requires that individuals be licensed by the Department of Business and Professional Regulation, such licenses should be obtained by the proposal due date and time, but in any case, must be obtained prior to posting of the intended award of the contract. For licensing, contact: Florida Department of Business and Professional Regulation Tallahassee, Florida (850) ) WARRANTY/SUBSTITUTIONS When performance of the services requires the supply of commodities, a warranty is required on all items provided against defective materials, workmanship, and failure to perform in accordance with required industry performance criteria, for a period of not less than ninety (90) days from the date of acceptance by the purchaser. Any deviation from this criteria must be documented in the proposal response or the above statement shall prevail. Delivery of substitute commodities requires prior written approval from the ordering location. Replacement of all materials found defective within the warranty period shall be made without cost to the purchaser, including transportation if applicable. All fees associated with restocking cancelled orders shall be the responsibility of the vendor. All items provided during the performance of the contract found to be poorly manufactured will not be accepted, but returned to the vendor, at their expense, for replacement. Replacement of all items found defective shall be made without cost to the Department, including transportation, if applicable. As it may be impossible for each facility to inspect all items upon arrival, a reasonable opportunity must be given to these facilities for inspection of the items, and returning those that are defective. 11) LIABILITY INSURANCE The Vendor shall not commence any work until they have obtained the following types of insurance, and certificates of such insurance have been received by the Department. Nor shall the Vendor allow any subcontractor to commence work on this project until all similar insurance required of the subcontractor has been so obtained. The Vendor shall submit the required Certificates of Insurance to the Florida Department of Transportation, Procurement Office, Attn: Tammy Hodgkins, CPPB, BAS, 719 South Woodland Blvd., DeLand, Florida within ten (10) days after the ending date of the period for posting the intended award decision. The Vendor must carry and keep in force during the period of this contract a general liability insurance policy or policies with a company authorized to do business in the state of Florida, affording public liability insurance with combined bodily injury limits of at least $ (200,000 minimum) per person and $ (300,000 minimum) each occurrence, and property damage insurance of at least $ (200,000 minimum) each occurrence, for the services to be rendered in accordance with this contract. With respect to any general liability insurance policy required pursuant to this Agreement, all such policies

7 shall be issued by companies licensed to do business in the State of Florida. The Vendor shall provide to the Department certificates showing the required coverage to be in effect with endorsements showing the Department to be an additional insured prior to commencing any work under this Contract. The certificates and policies shall provide that in the event of any material change in or cancellation of the policies reflecting the required coverage, thirty days advance notice shall be given to the Department or as provided in accordance with Florida law. The Department shall be exempt from, and in no way liable for, any sums of money which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Vendor or subcontractor providing such insurance. Policies that include Self Insured Retention (SIR) will not be accepted. 12) PERFORMANCE BOND A Performance Bond is not required for this project. 13) METHOD OF COMPENSATION Exhibit B, Method of Compensation attached hereto will form the basis of payment for the work to be provided under the contract that will result from this Request for Proposal. 14) CONTRACT DOCUMENT STANDARD WRITTEN AGREEMENT The Department s Standard Written Agreement is attached hereto and made a part hereof. The terms and conditions contained therein will become an integral part of the contract resulting from this solicitation. In submitting a proposal, the proposer agrees to be legally bound by these terms and conditions. 15) REVIEW OF PROPOSER'S FACILITIES & QUALIFICATIONS After the proposal due date and prior to contract execution, the Department reserves the right to perform or have performed an on-site review of the Proposer's facilities and qualifications. This review will serve to verify data and representations submitted by the Proposer and may be used to determine whether the Proposer has an adequate, qualified, and experienced staff, and can provide overall management facilities. The review may also serve to verify whether the Proposer has financial capability adequate to meet the contract requirements. Should the Department determine that the proposal has material misrepresentations or that the size or nature of the Proposer's facilities or the number of experienced personnel (including technical staff) are not adequate to ensure satisfactory contract performance, the Department has the right to reject the proposal. 16) PROTEST OF REQUEST FOR PROPOSAL SPECIFICATIONS Any person who is adversely affected by the contents of this Request for Proposal 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 : 1. A written notice of protest within seventy-two (72) hours after the posting of the solicitation, (the notice of protest may be Faxed to ), and 2. A formal written protest in compliance with Section (3), Florida Statutes, within ten (10) days of the date on which the written notice of protest is filed.

8 Failure to file a protest within the time prescribed in section (3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. 17) 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. 18) SCRUTINIZED COMPANIES LISTS RFP responses of $1 million or more must include a completed Vendor Certification Regarding Scrutinized Companies Lists to certify the respondent is not on either of those lists. The Form should be submitted with the Price Proposal. Section , Florida Statutes, requires that at the time a vendor submits a bid or proposal for a contract for goods or services of $1,000,000 or greater, the vendor must certify that the company is not on Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List. For Contracts $1,000,000 and greater, if the Department determines the Vendor submitted a false certification under Section (5) of the Florida Statutes, or if the Vendor has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List, 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 (5)(a) of the Florida Statutes, or maintain the Contract if the conditions of Section (4) of the Florida Statutes are met. 19) RESERVATIONS The Department reserves the right to accept or reject any or all proposals received and reserves the right to make an award without further discussion of the proposals submitted. Therefore, the proposals should be submitted initially in the most favorable manner. It is understood that the proposal will become a part of the Department s official file, without obligation to the Department. 20) ADDITIONAL TERMS & CONDITIONS No conditions may be applied to any aspect of the RFP by the proposer. Any conditions placed on any aspect of the proposal documents by the proposer may result in the proposal being rejected as a conditional proposal (see RESPONSIVENESS OF PROPOSALS ). DO NOT WRITE IN CHANGES ON ANY RFP SHEET. The only recognized changes to the RFP prior to proposal opening will be a written Addenda issued by the Department. 21) RESPONSIVENESS OF PROPOSALS 21.1 Responsiveness of Proposals Proposals 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 proposals must be typed or printed in ink. A responsive proposal is an offer to perform the scope of services called for in this Request for Proposal in accordance with all requirements of this Request for Proposal and receiving eighty (80) points or more on the Technical Proposal. Proposals found to be non-responsive shall not be considered. Proposals may be rejected if found to be irregular or not in conformance with the requirements and instructions herein contained. A

9 proposal 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, conditional proposals, incomplete proposals, indefinite or ambiguous proposals, and improper and/or undated signatures Multiple Proposals Proposals may be rejected if more than one proposal is received from a Proposer. Such duplicate interest may cause the rejection of all proposals in which such Proposer has participated. Subcontractors may appear in more than one proposal Other Conditions Other conditions which may cause rejection of proposals include, but are not limited to, evidence of collusion among Proposers, obvious lack of experience or expertise to perform the required work, failure to perform or meet financial obligations on previous contracts, or in the event an individual, firm, partnership, or corporation is on the General Services Administration Excluded Parties List. Proposers whose proposals, past performance, or current status do not reflect the capability, integrity, or reliability to fully and in good faith perform the requirements of the Contract may be rejected as non-responsible. The Department reserves the right to determine which proposals meet the requirements of this solicitation, and which Proposers are responsive and responsible. 22) PROPOSAL FORMAT INSTRUCTIONS 22.1 General Information This section contains instructions that describe the required format for the proposal. All proposals submitted shall contain two parts and be marked as follows: PART I TECHNICAL PROPOSAL NUMBER RFP-DOT TORT (One Separately Sealed Package for Technical) PART II PRICE PROPOSAL NUMBER RFP-DOT TORT (One Separately Sealed Package for Prices) THE SEPARATELY SEALED PACKAGES MAY BE MAILED TOGETHER IN ONE ENVELOPE OR BOX Technical Proposal (Part I) (1 original and 1 CD) (Maximum of 20 pages total) (Do not include price information in Part I) The Proposer must submit one (1) original copy and one (1) CD of the technical proposal which are to be divided into the sections described below. Flash drives cannot be accepted. Since the Department will expect all technical proposals to be in this format, failure of the Proposer to follow this outline may result in the rejection of the proposal. The technical proposal must be submitted in a separate sealed package marked "TECHNICAL PROPOSAL NUMBER RFP-DOT TORT. 1. PROPOSER S MANAGEMENT PLAN The Proposer shall explain in detail his/her qualifications, written in non-technical language, the Proposer s overall capabilities, and approach for successfully accomplishing the services specified herein. This plan shall include the following topics and associated information: a. Organization and Management The Proposer shall include a description of the organizational structure and management to

10 be used to provide the required services, maintain schedules, control costs, and provide quality products. This shall include a discussion of the means of coordination and communication with the Department. If applicable, the Proposer shall include a description of its corporate organization and affiliates and explain if and how the affiliates will contribute to this contract. The Proposer shall explain the roles and responsibilities of the management and administrative staff in terms of how they apply to the activities in Exhibit A, Scope of Services. b. Technical Staff Experience The Proposer shall provide a list of the personnel (including subcontractors), by name, who meet the minimum qualifications as outlined in Exhibit A, Scope of Services and who will be assigned to the project including, but not limited to the following (Reference Section III. Minimum Qualifications, A. Staff): 1. Project Manager 2. Core Team 3. Geographical Information System (GIS)/Computer-Aided Drafting and Design (Design (CADD) Technician (if not covered by the Core Team) 4. Silt Fence Installers 5. Backhoe Operators This list shall set forth the task to which each employee is assigned, his or her experience level, applicable knowledge (including resume and physical work location of all personnel including subcontractors) and all appropriate permits, registrations, licenses and certifications. (**NOTE: Resumes will not count in the maximum page count for the Technical Proposal) The Proposer shall identify the Project Manager who will remain involved throughout the Contract term. Removal or substitution of the Project Manager or technical staff after the contract is awarded must be with personnel who have qualifications equal to or exceeding the person being replaced and will require the Department s prior written approval. Without this prior written approval, the Vendor will be considered in default. c. Recipient Sites The Proposer shall provide a list of the permitted, long term protected recipient sites to be provided by the Vendor for use by the Department that meet the minimum qualifications as outlined in Exhibit A, Scope of Services (Reference Section III. Minimum Qualifications, B. Recipient Site(s) Provided by Vendor). The list shall include, but not be limited to, the following items for each recipient site: 1. Name of Recipient Site 2. Fee Owner of Recipient Site 3. Party Responsible for Management/Permit Compliance of Recipient Site 4. Florida Fish and Wildlife Conservation Commission Permit Number for Recipient Site 5. Size in Acres of Recipient Site 6. Final Stocking Rate of Recipient Site/Maximum Allowable Gopher Tortoise Density 7. Enclosure Methods (i.e. permanent vs. temporary; silt fence vs. hay bales) 8. Location Map 9. Counties within District Five the Recipient Site Can Serve 10. Whether the Recipient Site Requires Upper Respiratory Tract Disease (URTD) Testing

11 d. Vendor s Experience, References, and Business History The Proposer shall describe his/her experience in the gopher tortoise permitting/relocation business. This shall include a brief description of at least the following (Reference Exhibit A, Scope of Services, Section IV. Previous Experience): 1. Five years of gopher tortoise permitting on roadway projects within the state of Florida 2. At least five projects that required gopher tortoise relocation to off-site recipient sites within the state of Florida. For each project, include the client s name, address, and telephone number. Also provide the location of the project, date of work, number of gopher tortoises relocated and method of trapping. 3. Two years of exclusionary fence (i.e. silt fence) installation experience 4. Two years of backhoe operation experience 5. Two years of Global Positioning System (GPS), Geographical Information System (GIS) and Computer-Aided Drafting and Design (CADD) experience 6. Two years of bat exclusion experience If different than stated under item two (2) above, the Proposer shall provide at least three references that have utilized the Vendor s gopher tortoise permitting services or bat exclusion services in the last five years and that can attest to the Vendor s ability to perform the type of work as outlined herein. The references shall include a contact person, phone number for contact person, description of work, and date of work. The Proposer shall provide a minimum of three project summaries that can adequately describe the Vendor s ability to perform the type and scope of work as outlined herein, and any innovations or unique alternatives proposed that resulted in accepted resolution by the client and FWC regarding past gopher tortoise permitting/relocation/support work. Project summaries shall be limited to two paragraphs each. 2. PROPOSER'S TECHNICAL PLAN The Proposer shall explain in detail the approach, capabilities, and means to be used in accomplishing the tasks as outlined in Exhibit A, Scope of Services and where significant development difficulties may be anticipated and resolved. Any other specific techniques to be used should also be addressed in detail. The Technical Plan shall at a minimum address the following items: a. Project Approach The Proposer shall provide a work plan to describe his/her approach to accomplishing the requirements set forth in the Scope of Services. This work plan shall explain the specific production techniques or procedures to be used for completion of each of the Services to be provided by the Vendor (Reference Exhibit A, Section V. This work plan shall also include a thorough description of how the recipient site(s) provided by the Vendor will be able to serve the Department s needs as outlined in Exhibit A, Scope of Services (Reference Section III. Minimum Qualifications, B. Recipient Site(s) Provide by Vendor). This work plan shall also explain where significant production difficulties may be anticipated and how these are resolved. b. Performance When the Department identifies that services under this contract are needed, a specific Work Authorization will be developed for that effort. Specific deliverables shall be defined in each Work Authorization but are anticipated to include items such as the following: A. Gopher tortoise survey results

12 B. Memos, meeting minutes, s documenting decisions (i.e. during field meetings with construction staff) C. Permit application packages D. Permits E. After Action Reports F. Payments to FWC or recipient sites G. Silt fence installation, monitoring/maintenance and removal H. Delivery of tortoises to recipient sites I. Bat exclusion methodology and results The Proposer shall describe the turnaround time for expected services taking into consideration the unpredictability of the quantity and variety of the anticipated effort required under this Contract, current workload and staffing level. The Proposer shall discuss his/her commitment to adhere to response times as required in Exhibit A, Scope of Services (Reference Section V. Services to be provided by the Vendor). The Proposer shall also describe the ability to obtain acceptance letters (i.e. proof of reserved capacity ) from the recipient site(s) provided by the Vendor within a timely manner consistent with Department schedules. c. Proximity to Project The Proposer shall list the description and location of its existing facilities that will be utilized for this project. d. Equipment The Proposer shall provide an itemized list of all equipment that will be made available to accomplish the items outlined in Exhibit A, Scope of Service (Reference Section X., Required Equipment and Materials) Price Proposal (Part II) (1 original copy and 1 CD) The price proposal information is to be submitted in a separate sealed package marked "PRICE PROPOSAL NUMBER RFP-DOT TORT". The Price Proposal information shall be submitted on the form provided in the Request for Proposal, Form No. 2, Bid Price Proposal Form, Form No Presenting the Technical Proposal The proposal shall be limited to a page size of eight and one-half by eleven inches (8½" x 11"). Type size shall not be less than 10-point font with all margins at ½ on all sides and printed on one side only. The proposal should be indexed and all pages sequentially numbered. A cover letter and table of contents shall not be provided. Section dividers shall contain no graphics, only the section name (Example: Project Approach) shall be listed and Section dividers will not count toward any page counts. Bindings and cover are not necessary. Unnecessarily elaborate special brochures, art work, expensive paper and expensive visual and other presentation aids are neither necessary nor desired. It is recognized that existing financial reports, documents, or brochures, such as those that delineate the Proposer's general capabilities and experience, may not comply with the prescribed format. It is not the intent to have these documents reformatted and they will be acceptable in their existing form. 23) "DRUG-FREE WORK PLACE" PREFERENCE Whenever two or more bids which are equal with respect to price, quality, and service are received, the

13 Department shall determine the order of award in accordance with section (4), Florida Statutes, and Rule 60A Florida Administrative Code, which includes a preference for bid responses that certify the business has implemented a drug-free workplace program in accordance with Section , F.S. The Drug-Free Workplace Program Certification must be completed and submitted with the bid response to be eligible for this preference. 24) COPYRIGHTED MATERIAL Copyrighted material will be accepted as part of a technical proposal only if accompanied by a waiver that will allow the Department to make paper and electronic copies necessary for the use of Department staff and agents. It is noted that copyrighted material is not exempt from the Public Records Law, Chapter 119, Florida Statutes. Therefore, such material will be subject to viewing by the public, but copies of the material will not be provided to the public. 25) ATTACHMENT TO RFP SUBMITTAL - CONFIDENTIAL MATERIAL The Proposer must include any materials it asserts to be exempted from public disclosure under Chapter 119, Florida Statutes, in a separate bound document labeled "Attachment to Request for Proposals, Number RFP-DOT TORT) - Confidential Material". The Proposer must identify the specific Statute that authorizes exemption from the Public Records Law. Any claim of confidentiality on materials the Proposer asserts to be exempt from public disclosure and placed elsewhere in the proposal will be considered waived by the Proposer upon submission, effective after opening. 26) COSTS INCURRED IN RESPONDING This Request for Proposal does not commit the Department or any other public agency to pay any costs incurred by an individual firm, partnership, or corporation in the submission of a proposal or to make necessary studies or designs for the preparation thereof, nor to procure or contract for any articles or services. 27) MAIL OR DELIVER PROPOSAL TO: (DO NOT FAX OR SEND BY ) Florida Department of Transportation Attention: Tammy Hodgkins, CPPB, BAS 719 South Woodland Boulevard, MS-524 DeLand, Florida It is the proposer's responsibility to assure that the proposal (Technical and Price proposal) is delivered to the proper place on or before the Proposal Due date and time (See Introduction, Section 2, Timeline). Proposals which for any reason are not so delivered will not be considered. By submitting a proposal, the Proposer represents that it understands and accepts the terms and conditions to be met and the character, quality and scope of services to be provided. All proposals and associated forms shall be signed and dated in ink by a duly authorized representative of the Proposer. Each Proposer shall fully acquaint itself with the conditions relating to the performance of the services under the conditions of this Request for Proposal. This may require an on-site observation. 28) MODIFICATIONS, RESUBMITTAL AND WITHDRAWAL Proposers may modify submitted proposals at any time prior to the proposal due date. Requests for modification of a submitted proposal shall be in writing and must be signed by an authorized signatory of the

14 proposer. Upon receipt and acceptance of such a request, the entire proposal will be returned to the proposer and not considered unless resubmitted by the due date and time. Proposers may also send a change in a sealed envelope to be opened at the same time as the proposal. The RFP number, due date and time should appear on the envelope of the modified proposal. 29) PROPOSAL OPENING All proposal openings are open to the public. Technical Proposals will be opened by the Department at the date, time, and location in the Timeline (See Introduction, Section 2, Timeline). Price Proposals, which have a corresponding responsive Technical Proposal, will be opened by the Department at the date, time, and location in the Timeline (See Introduction, Section 2, Timeline). 30) PROPOSAL EVALUATION 30.1 Evaluation Process: A Technical Review Committee (TRC) will be established to review and evaluate each proposal submitted in response to this Request for Proposal (RFP). The TRC will be composed of at least three (3) persons who collectively have experience and knowledge in the program areas and service requirements for which the commodities and/or contractual services are sought. The Procurement Office will distribute to each member of the TRC a copy of each technical proposal. The TRC members will independently evaluate the proposals on the criteria and point system established in the section below entitled "Criteria for Evaluation" in order to assure that proposals are uniformly rated. Due to the complexity of certain procurements, the TRC members are authorized to consult with subject matter experts for the purpose of gathering information, if needed. The independent evaluations will be sent to the Procurement Office and averaged for each vendor. Proposing firms must attain an average score of eighty (80) points or higher on the Technical Proposal to be considered responsive. Should a Proposer receive fewer than eighty (80) points for their average Technical Proposal score, the Price Proposal will not be opened. During the process of evaluation, the Procurement Office will conduct examinations of proposals for responsiveness to requirements of the RFP. Those determined to be non-responsive will be automatically rejected Oral Presentations THERE ARE NO ORAL PRESENTATIONS FOR THIS PROJECT Price Proposal The Proposer shall complete the Bid Price Proposal Form, Form No. 2, and submit it as part of the Price Proposal Package. Any proposal in which this form is not used or in which the form is improperly executed may be considered non-responsive and the proposal will be subject to rejection. The vendor's completed form shall become a part of the contract upon award of the contract. The Procurement Office will open Price Proposals in accordance with Section 29, Proposal Opening. The Procurement Office and/or the Project Manager/TRC will review and evaluate the price proposals and prepare a summary of its price evaluation. The Procurement Office and/or the Project Manager/TRC will assign points based on price evaluation criteria identified herein Criteria for Evaluation Proposals will be evaluated and graded in accordance with the criteria detailed below. a. Technical Proposal (100 Points) Technical evaluation is the process of reviewing the Proposer's response to evaluate the experience,

15 qualifications, and capabilities of the proposers to provide the desired services and assure a quality product. The following point system is established for scoring the technical proposals: Point Value 1. Proposer s Management Plan a. Organization and Management 5 b. Technical Staff Experience 20 c. Recipient Sites 5 d. Vendor Experience, References, and Business History Proposer s Technical Plan a. Project Approach 20 b. Performance 20 c. Proximity to Project 5 d. Equipment 5 b. Price Proposal (30 Points) Price evaluation is the process of examining a prospective price without evaluation of the separate cost elements and proposed profit of the potential provider. Price analysis is conducted through the comparison of price quotations submitted. The criteria for price evaluation shall be based upon the following formula: (Low Price / Proposer's Price) x Price Points = Proposer s Awarded Points 31) POSTING OF INTENDED DECISION/AWARD 31.1 The Department s decision will be posted on the Florida Vendor Bid System, at (click on BUSINESS, click on Doing Business with the State, under Everything for Vendors and Customers, click on Vendor Bid System (VBS), on date and time in the Timeline, and will remain posted for a period of seventy-two (72) hours. Any proposer 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 : 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 ), and 2. A formal written protest and protest bond in compliance with Section (3), Florida Statutes, within ten (10) days of the date on which the written notice of protest is filed. At the time of filing the formal written protest, a bond (a cashier s check or money order may be accepted) payable to the Department must also be submitted in an amount equal to one percent (1%) of the estimated contract amount based on the contract price submitted by the protestor. Failure to file a protest within the time prescribed in Section (3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes Inability to Post: If the Department is unable to post as defined above, the Department will notify all proposers by electronic

16 notification on the Florida Vendor Bid System (see special condition 31.1, above) or by mail, fax, and/or telephone. The Department will provide notification of any future posting in a timely manner Request to Withdraw Proposal: Requests for withdrawal will be considered if received by the Department, in writing, within seventy-two (72) hours after the price proposal 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 obvious error on the part of the proposer. 32) AWARD OF THE CONTRACT Services will be authorized to begin when the Vendor receives the following document(s), as appropriate, indicating the encumbrance of funds and award of the contract: a) A Standard Written Agreement executed by both parties. 33) RENEWAL Upon mutual agreement, the Department and the Contract Vendor may renew the Contract for a period that may not exceed 3 years or the term of the original contract, whichever is longer. The renewal must be in writing and signed by both parties, and is subject to the same terms and conditions set forth in the initial contract and any written amendments signed by the parties. Any renewal shall specify the renewal price, as set forth in the solicitation response except that an agency may negotiate lower pricing. Renewal is contingent upon satisfactory performance evaluations and subject to the availability of funds. 34) ATTACHED FORMS Registration From, Form No. 1 Bid Price Proposal Form, Form No. 2 Vendor Data Sheet, Form No. 3 Public Records Form, Form No. 4 Vendor Certification Regarding Scrutinized Companies Lists (Form ) (proposals of $1 million or more), Form No. 5 Drug-Free Workplace Program Certification (Form ), Form No. 6 MBE Planned Utilization (Form ), Form No. 7 35) TERMS AND CONDITIONS 35.1 General Contract Conditions (PUR 1000) The State of Florida s General Contract Conditions are outlined in form PUR 1000, which is a downloadable document incorporated into this RFP by reference. Any terms and conditions set forth in this RFP document take precedence over the PUR 1000 form where applicable. The following paragraphs do not apply to this solicitation: Paragraph 31, Dispute Resolution - PUR 1000 Paragraph 40, PRIDE PUR 1000, when federal funds are utilized General Instructions to Respondents (PUR 1001) The State of Florida s General Instructions to Respondents are outlined in form PUR 1001, which is a

17 downloadable document incorporated into this RFP by reference. Any terms and conditions set forth in this RFP document take precedence over the PUR 1001 form where applicable. The following paragraphs do not apply to this solicitation: Paragraph 3, Electronic Submission PUR 1001 Paragraph 4, Terms and Conditions PUR 1001 Paragraph 5, Questions PUR MFMP Purchase Order Terms and Conditions All MFMP Purchase Order contracts resulting from this solicitation will include the terms and conditions of this solicitation and the State of Florida s standardized Purchase Order Terms and Conditions, which can be found at the Department of Management Services website at the following link: Section 8(B), PRIDE, is not applicable when using federal funds. 36) ORDER OF PRECEDENCE All responses are subject to the terms and conditions of this solicitation, which, in case of conflict, shall have the following order of precedence listed: Standard Written Agreement Instructions to Respondents (PUR 1001) General Conditions (PUR 1000) Introduction Section

18 RFP CHECKLIST (DOES NOT NEED TO BE RETURNED WITH YOUR PROPOSAL) This Checklist is provided as a guideline, only, to assist Proposers in the preparation of their RFP response. Included are some important matters that the proposer should check. This checklist is just a guideline, and is not intended to include all matters required by the RFP. Proposers are responsible to read and comply with the RFP in its entirety. Check off each the following: The Bid Price Proposal Form, Form No. 2, has been completed, as specified, and enclosed, as specified, in the RFP response. The Federal Employers Identification Number or Social Security Number has been entered in the space provided. The Drug-Free Workplace Program Certification form has been read, signed, and enclosed in the RFP response, if applicable. Scrutinized Companies Lists certification form has been read, signed, and enclosed in the RFP price proposal, if applicable (proposals of $1 million or more). The Bid Opportunity List and the DBE Participation Statement form has been read, completed, and enclosed in the RFP response, if applicable. The Scope of Services, Exhibit A, has been thoroughly reviewed for compliance to the RFP requirements. The Technical Proposal (one (1) original and 1 CD) has been completed, as specified, and enclosed, as specified, in the RFP response. A letter from a surety company to document your ability to obtain the required Performance Bond, as per Section 12 of the Special Conditions, is included in the Technical Proposal (if applicable). The website has been checked and any Addendums posted have been completed, signed, and included in the RFP response. The RFP response must be received, at the location specified, on or before the Opening Date and Time designated in the RFP. In the Lower Left-Hand Corner of the Envelope transmitting your RFP response (this includes FedEx and UPS Envelopes), write in the following information: RFP No.: RFP-DOT TORT Title: District Five Gopher Tortoise Relocation and Wildlife Monitoring Services Opening Date & Time: See TIMELINE in INTRODUCTION SECTION

19 I. OBJECTIVE EXHIBIT A SCOPE OF SERVICES RFP-DOT TORT DISTRICT FIVE GOPHER TORTOISE RELOCATION AND WILDLIFE MONITORING SERVICES The Florida Department of Transportation (FDOT), District Five, (Department) desires services related to gopher tortoise survey, permitting and relocation, as well as protected species wildlife monitoring, on an as-needed basis. These services shall include, but are not limited to, coordination with all necessary agencies, engineers, recipient site owners and organizations; coordination with the Department regarding work program needs; field work, surveys, data collection and analysis of donor and recipient sites; permit application preparation, submittal and pursuit of permit issuance; facilitation of mitigation contribution payments and recipient site fees; capture and relocation of gopher tortoises; transportation, delivery, marking and releasing of gopher tortoises from Department donor sites to the permitted gopher tortoise recipient site(s) and any required reporting; exclusionary fence and/or enclosure(s) for soft release installation, monitoring, maintenance and removal; bald eagle monitoring according to the United States Fish and Wildlife Service (USFWS) guidelines; maintenance and construction activities support; bat exclusionary measures according to Florida Fish and Wildlife Conservation Commission (FWC) guidelines; and any miscellaneous wildlife tasks as needed by the Department. In addition, the Department also requires that the Vendor provide use of gopher tortoise long-term protected recipient site(s) (i.e. private recipient site/ mitigation bank ) permitted by the FWC that meets the minimum qualifications as outlined below. This service shall also include providing the necessary documentation regarding the recipient site for Department permit applications. II. PROVISIONS FOR WORK A. Governing Regulations, Standards, and Procedures It shall be the responsibility of the Vendor to understand and comply with all applicable state and federal laws and any additional requirements specified herein including but not limited to the following: 1. Chapter 379, Florida Statutes (F.S.), Fish and Wildlife Conservation. 2. Chapter 68A of the Florida Administrative Code (F.A.C), Freshwater Fish and Wildlife. A-1 of 15

20 3. FWC Gopher Tortoise Permitting Guidelines (most recent version available and subsequent versions as approved). 4. FWC Gopher Tortoise Management Plan (most recent version available and subsequent versions as approved). 5. Any other applicable FWC requirements, policies and guidelines that may be implemented. 6. Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction (most recent version available) (i.e. for clearing, silt fence installation, etc.). 7. FDOT Design Standards (most recent version available and subsequent versions as approved). 8. USFWS Bald eagle monitoring guidelines (most recent version available and subsequent versions as approved) 9. Federal Register 50 CFR Parts 13 and 22 III. MINIMUM QUALIFICATIONS The following shall define the minimum qualifications for the staff and the recipient site(s) provided by the Vendor: A. Staff for gopher tortoise services The Project Manager for the Vendor shall have at least six years of experience and knowledge of gopher tortoise survey, permitting and relocation, be licensed as a Gopher Tortoise Agent, and should be familiar with the FWC guidelines regarding these activities. 1. The Vendor shall provide a core team of at least seven staff that will be responsible for carrying out the tasks as outlined herein, including surveys, permitting, relocation, transportation, delivery, marking, and releasing of gopher tortoises from Department project sites (donor sites) to permitted gopher tortoise recipient site (s). 2. Of the seven staff included in the core team, at least three shall have a current, valid Authorized Gopher Tortoise Agent permit allowing that staff to perform ALL of the following activities as defined by the FWC: a. Gopher tortoise surveys b. Gopher tortoise capture using bucket trapping or live trapping or hand shovel excavation; and c. transport, marking, and release of gopher tortoises 3. At least two of these staff shall also have a current, valid Authorized Gopher Tortoise Agent permit allowing that staff to perform supervision of gopher tortoise burrow excavations using mechanical equipment. A-2 of 15

21 4. If the Vendor supplied recipient site(s) require Upper Respiratory Tract Disease (URTD) testing, at least one of these staff shall also have a current, valid Authorized Gopher Tortoise Agent permit allowing that staff to perform collection of blood samples. 5. The four other staff comprising the core team shall at least be qualified to act as Assistants to Authorized Agents and shall be registered with the FWC. 6. The Vendor shall provide copies of the valid FWC Authorized Gopher Tortoise Agent permit(s) at contract execution. If the Vendor has not already obtained the FWC Authorized Gopher Tortoise Agent permit(s) at the time of contract execution, the Vendor shall provide the valid, issued permits within 45 days of contract execution. If the Authorized Gopher Tortoise Agent permit(s) are not obtained within this timeframe, the Vendor shall be in breach of contract and the Department will move to terminate the contract. 7. Members of the core team shall be capable of using Global Positioning System (GPS) units to collect gopher tortoise burrow location data, create permit exhibits, write supporting permitting reports, and perform other typical field and office tasks required to provide the services outlined herein. If members of the core team are not also capable of downloading GPS information into Geographical Information System (GIS) and creating permit exhibits, etc. using this data and/or are not capable of using the most current version of Computer-Aided Drafting and Design (CADD) software used by the Department, the Vendor shall provide at least one staff member with a good working knowledge of GIS and at least one staff member with a good working knowledge of the most current version of CADD software used by the Department (this can be one staff member if that staff meets both qualifications). 8. The Vendor will have equipment available for visual scoping of gopher tortoise burrows. 9. The Vendor shall not let any of the Authorized Gopher Tortoise Agent permits expire throughout the life of the contract. If any of the staff have their Authorized Gopher Tortoise Agent permit suspended, revoked or not renewed in a timely manner, the Vendor shall notify the Department immediately and provide additional staff with a valid permit that can perform the same duties as the staff with the invalid permit within two weeks. The Vendor shall be responsible for all additional costs to the Department, including, but not limited to, permit modifications, contractor claims and additional fees to recipient site owners, if any Agent s permit expires or is revoked. A-3 of 15

22 10. The Vendor shall provide at least four staff members that can install exclusionary fence. These four staff members shall also be capable of maintaining and removing exclusionary fence. 11. The Vendor shall provide at least two backhoe operators that can excavate gopher tortoise burrows, in a manner consistent with FWC guidelines, and at the direction of the Authorized Gopher Tortoise Agents permitted to perform the activity. The Vendor shall supply highly skilled operators, (refer to Section IV. D, Previous Experience (d)) to minimize to the greatest extent practicable the potential risk to the Vendor of having any incidences (i.e., harming or accidental death of a tortoise) during relocation efforts. B. Recipient Site (s) Provided by Vendor 1. The long-term protected recipient site(s) provided by the Vendor shall have a valid Recipient Site Permit issued by FWC. 2. Shall meet the criteria for long term protected sites as set forth in the April 2008 (Revised February 2015) FWC Gopher Tortoise Permitting Guidelines, approved on April 15, Shall be geographically situated such that all counties within District Five are able to be served by the recipient site(s) without any additional justification needed from the FWC (April 2008 (Revised February 2015) FWC Gopher Tortoise Permitting Guidelines). 4. The Vendor shall provide copies of the valid FWC Recipient Site permit(s) at the time of contract execution. C. Staff for Bald Eagle Monitoring 1. The Project Manager shall have at least 6 years of bald eagle monitoring experience. 2. The Vendor shall supply a core team of at least seven staff that have at least one season of bald eagle monitoring experience. These seven staff members may also be the same seven from the gopher tortoise task. IV. SERVICES TO BE PROVIDED BY THE VENDOR The Vendor shall furnish the recipient site(s) and all labor, materials, equipment, tools, transportation, and incidentals required to perform any of the following work elements, if and when required by the Department. A-4 of 15

23 A. Coordination 1. Acting as the permitting agent for the Department, the Vendor shall provide the primary coordination with the FWC as necessary to accomplish the tasks as outlined herein. This activity shall not be limited to the FWC and may include other organizations, engineers, land surveyors, agencies and local governments. 2. Coordination includes, but not limited to, any interaction among the Vendor s staff, sub-contractors or the recipient site owners/liaisons to get the information needed for permit applications and coordination of field work, excavation activities and exclusionary fence installation. 3. Construction support coordination may require that the Vendor report directly to the Construction Project Administrator or their designated staff for brief periods of time, but in such cases, the Vendor shall be responsible for keeping the Gopher Tortoise Contract Manager informed of their activities at all times. 4. Coordination with the Department regarding establishing work authorizations and scheduling will also be required. The Vendor shall work with the Department to develop project specific schedules related to burrow surveys, permitting, relocation and construction support activities such that performance results are measurable on a monthly basis. The Vendor shall provide guidance to the Department regarding permit submittal dates, taking into consideration Department project letting and construction schedules, possible advanced utility relocation, permitting durations and relocation timeframes. The Vendor shall be cognizant of the Department project schedules and the time frames for conducting field work as established in the FWC guidelines. The Vendor shall be responsible for ensuring that the field work is conducted within the appropriate time frames. Field work done outside of the guidelines will not be compensated. The Vendor shall also take into consideration the time frame for the various capture methods that could impact schedule, such as right of way constraints that may limit backhoe operations and the restrictions of capture and relocation during cold weather that may not allow rapid relocation. Work on recipient sites other than those supplied by the Vendor may also require up front coordination for exclusionary fence installation (including land surveying) for soft release of tortoises. B. Field Work, Surveys, Data Collection, and Analysis of Donor and Recipient Sites 1. Field work shall include burrow surveys of donor sites and any surveys A-5 of 15

24 Of recipient sites (either provided by the Vendor or otherwise identified by the Department) required by FWC in order to obtain an acceptance letter (i.e., proof of reserved capacity ) (Note: this effort does not include any surveys for the Vendor to permit additional areas of their property as recipient sites). Field work shall include any other work at the donor site necessary to prepare a permit application, meet with agency representatives on-site, perform capture and relocation activities, and provide construction support. 2. Data collection shall include identification of gopher tortoise burrows on donor sites and/or certain recipient sites. This data collection shall include a physical demarcation of the burrow (such as survey flagging tape and/or pin flags) for future location in the field by the Vendor, Department or FWC. Data collection shall also include GPS coordinates of the burrows such that the points can be downloaded onto GIS maps/cadd drawings. 3. Analysis of donor and recipient sites shall include downloading the collected data to GIS maps and CADD drawings. Analysis shall also include determining the amount of gopher tortoise habitat within the donor site and mitigation contributions, in order to prepare permit applications. C. Permit Application Preparation, Submittal and Pursuit of Permit Issuance 1. The Vendor shall provide guidance to the Department on the type of permit that would be the most cost effective and efficient for any particular project. The Vendor shall prepare and submit permit applications (including all required supporting documentation) to the FWC, respond to all requests for additional information and shall pursue permit issuance on behalf of the Department. The Vendor shall provide the Department with draft copies of all permit applications or other written correspondence with FWC, other agencies and engineering Vendors, regarding Department projects or permitting efforts for review prior to submittal. The Department shall approve all correspondence and permit applications before submittal. 2. The Vendor will be responsible for any delays to the Department s construction contractor that may result from untimely permit application submittals, insufficient data/information provided to the FWC in the permit application and/or failure to pursue timely issuance of the permit. D. Facilitation of Mitigation Contribution Payments and Recipient Site Fees 1. The Vendor shall, when requested, pay the mitigation contribution required for a given FWC permit. This fee shall be paid within five business days of the A-6 of 15

25 Department s notification to the Vendor of the receipt of an invoice. The Vendor shall follow through with the Wildlife Foundation of Florida and the FWC to ensure a timely issuance of the receipt of payment. Any mitigation contribution fees paid by the Vendor will be reimbursed by the Department on the subsequent invoice submitted by the Vendor. 2. The Vendor shall, when requested, pay the required fees (i.e., per tortoise fee) to any recipient site(s) not provided by the Vendor. This fee shall be paid within the timeframes per the acceptance letter/agreement with the recipient site owner or within five business days of the Department s notification to the Vendor, whichever is sooner. Any fees paid to any recipient site(s) not provided by the Vendor will be reimbursed by the Department on the subsequent invoice submitted by the Vendor. 3. Fees required for use of the recipient site(s) provided by the Vendor shall be included on the invoice(s) subsequent to the relocation of tortoises to the recipient site(s) unless the Department agrees to other arrangements. E. Capture and Relocation of Gopher Tortoises 1. The Vendor shall capture and relocate gopher tortoises and commensal species, in accordance with the FWC guidelines and per the specific project permit conditions, to the designated recipient site(s). Capture methods may include bucket trapping, hand excavation or backhoe excavation. The appropriate Authorized Gopher Tortoise Agent on the core team shall provide instruction to the backhoe operators regarding the proper methods of excavation. There may be instances where the Vendor will have to work with Department contractors and their backhoe operators for relocation activities. These instances will be coordinated by the Gopher Tortoise Support Contract Manager with the appropriate Construction and contractor staff and the Authorized Gopher Tortoise Agent. 2. The Vendor shall alert the Department to the anticipated type of capture methods during the permit application process and discuss the approach and timing of the effort with the Department. The Vendor shall be aware of Department right of way constraints and shall not conduct any capture, by any means, on property not owned by the Department unless there are express permissions in place and approved by the Department. The Vendor shall be aware that there may be existing utilities within the right of way and shall be responsible for coordinating with the Department regarding those facilities (especially for Department owned underground facilities) as well as notifying the Sunshine 811 network to have the underground utilities within the project corridor located within the appropriate timeframe prior to any excavation activity. A-7 of 15

26 3. The Vendor may be asked to initiate or assist with obtaining permission to conduct capture activities on property not owned by the Department. In these situations, the Department will work closely with the Vendor to ensure that the proper procedures are followed to obtain such permissions. 4. Should representatives from FWC request access to the donor site or recipient site(s) other than those provided by the Vendor, the Department should be notified immediately such that a representative can be present if desired. Should representatives from FWC inspect the donor site or recipient site(s) other than those provided by the Vendor unannounced, the Vendor shall notify the Department within four hours and relay the intent of the visit. 5. The Vendor will responsible for any delays to the Department s construction contractor that may result from untimely capture and relocation of gopher tortoises. F. Transportation, Delivery, Marking and Releasing of Gopher Tortoises and Required Reporting 1. The Vendor shall transport, deliver, mark and release gopher tortoises captured from Department donor sites to the recipient site(s) in accordance with the FWC guidelines and per the specific project permit conditions. This includes URTD testing if required by the recipient site(s) provided by the Vendor (unless otherwise provided in the overall cost per tortoise paid to the recipient site owner). The Vendor shall submit the required reporting information to the FWC regarding the capture and relocation of the gopher tortoises and any commensal species. 2. This effort does not include any reporting, monitoring, etc., required by FWC under the Recipient Site permit for the recipient site(s) provided by the Vendor. G. Exclusionary Fence/Enclosure for Soft Release Installation, Monitoring, Maintenance and Removal 1. The Vendor shall provide exclusionary fence (generally silt fence) installation, maintenance and removal for Department donor sites. This exclusionary fence shall be installed to discourage additional, off-site gopher tortoise from entering the project limits. a. The Vendor shall be responsible for identifying the locations where the exclusionary fence shall be installed and may be required to coordinate with design Vendors to ensure exclusionary fence is incorporated into design plans. The type (i.e., silt fence, hay bale) of exclusionary fence proposed for a given location shall be approved by the Department. A-8 of 15

27 b. The Vendor shall be responsible for monthly inspections of the exclusionary fence and conducting any necessary maintenance/replacement of the fence until such time as the construction contractor receives notice to proceed and takes control of the project site. If requested by the Department, the Vendor shall remove the exclusionary fence. 2. The Vendor shall note that there may be areas of the right of way, including pond sites that will require clearing in order to install exclusionary fence. The Vendor shall obtain permission from the Department prior to any clearing and then shall conduct any necessary clearing (except in wetlands) for the exclusionary fence installation. 3. If the recipient site(s) is one other than that provided by the Vendor and requires a temporary fenced enclosure specifically for the soft release of gopher tortoises from Department donor sites, the Vendor shall install, maintain and remove this fencing as required by the FWC. The Vendor shall be responsible for coordinating this effort with the recipient site owner, prior to installation and capture of gopher tortoises and per any agreements between the Department and the recipient site owner. 4. This effort shall also include any temporary penning of tortoises under any 10 or Fewer Burrow permits that the Vendor may obtain on behalf of the Department. Any temporary penning installation, maintenance and removal shall be the responsibility of the Vendor and shall be done in coordination with Department Construction staff if applicable. 5. Any land surveying effort needed for the installation of exclusionary fence on donor sites (i.e., right of way staking) or recipient sites other than those provided by the Vendor (i.e., site boundaries) shall be coordinated through the Department using the District-Wide Contract for Surveying and Mapping or inhouse survey staff (if available). The Vendor shall provide the Gopher Tortoise Support Contract Manager a 45-day notice that land survey effort will be needed such that the survey effort can be coordinated with the Department Survey and Mapping Office. H. Construction Support 1. The Vendor shall provide support to Department construction staff and Department contractors as requested. This shall include, but is not limited to: a. Attending meetings. b. Field visits with construction and contractor staff to review sensitive areas. c. Providing direction regarding exclusionary fence installation for new burrows found during construction. d. Removal of additional tortoises that move onto project sites during construction. A-9 of 15

28 2. This coordination effort will be critical to ensure that projects remain on schedule and that the contractor can continue working if possible. 3. This effort also includes support to Department construction staff and Department contractors for projects that do not require permits, but will have exclusionary fence installed to protect burrows outside of the project limits. 4. For Design Build projects, the Vendor, when requested, shall provide oversight of the Design Build Vendor s gopher tortoise related activities. This effort could include: a. Verifying the completeness and accuracy of gopher tortoise burrow surveys. b. Reviewing exclusionary fencing plans that document how gopher tortoises burrows will be protected and/or how gopher tortoises will be excluded from a project area. c. Reviewing and recommending approval of FWC gopher tortoise permit applications before submittal to the FWC. d. Reviewing and recommending approval of FWC gopher tortoise permit amendments, renewals, or extensions before submittal to the FWC. e. Reviewing any reports as required by FWC permit conditions before submittal to the FWC, including closing out the FWC permit. 5. The Vendor shall be cognizant of construction schedules and the timeframes under which this support needs to be provided. a. The Vendor shall make every effort to expedite any and all construction related needs. b. Once alerted to an issue, the Vendor shall make every effort to have the appropriate level staff provide an initial review of the issue and recommendations within 24 hours. I. Maintenance Activities Support The Vendor shall provide support to Department maintenance staff as requested. This shall include, but not be limited to: attending meetings and field visits with maintenance staff to review sensitive areas; providing direction regarding exclusionary fence installation for burrows that need to be protected during maintenance activities; installation, maintenance and removal of exclusionary fence during maintenance activities; installation, maintenance and removal of bat exclusionary netting; installation and maintenance of any bat houses or bat abodes; A-10 of 15

29 and any permitting and tortoise relocation required for any maintenance projects. This support effort will be critical to ensure that maintenance staff can carry out their planned activities in a timely manner and the Vendor shall be cognizant of the timeframes under which this support needs to be provided. The Vendor shall make every effort to expedite any and all maintenance related needs if maintenance activities warrant. J. Use of Gopher Tortoise Long-Term Protected Recipient Site(s) 1. Any and all recipient sites provided by the Vendor shall meet the minimum qualifications as outlined herein. The Vendor shall conduct any recipient site surveys required by FWC. When necessary for the conservation/relocation permit application(s) (and/or 10 or Fewer application(s) if applicable) shall be prepared within the timeframes required by the FWC, and as required to meet the Department s project schedule(s), such that an acceptance letter (i.e. proof of reserved capacity ) can be provided to the Department for inclusion in the permit application submittal(s). 2. For any and all recipient site(s) provided by the Vendor, this contract does not include any permitting of recipient site(s), execution of conservation easement documents for recipient site(s), or any management activities to keep the recipient site(s) in compliance with the required Recipient Site Permit conditions. 3. Should the Department decide to use a recipient site other than the one(s) provided by the Vendor, this contract may include permitting of recipient site(s), execution of conservation easement documents for recipient site(s), or any monitoring, reporting or management activities on the recipient site(s) to keep the site in compliance to meet the required permit conditions. This effort is not currently anticipated under this contract, but should it become necessary, the scope will be modified to reflect these tasks. V. WORK AUTHORIZATIONS When the Department identifies that services under this contract are needed a specific Work Authorization will be developed for that effort. The Work Authorization will include: A. Description - of the project(s) that require support B. Objectives - for the work effort C. Provisions for the work effort D. Services specific items of work required for those projects identified, including deliverables and schedule for completion A-11 of 15

30 VI. DELIVERABLES Specific deliverables will be defined in each Work Authorization but are anticipated to include items such as the following: A. Gopher tortoise survey results. B. Memos, meeting minutes, s documenting decisions (i.e. during filed meetings with construction staff). C. Permit application packages. D. Permits. E. After Action Reports. F. Payments to FWC or recipient sites. G. Silt fence installation, monitoring and removal. H. Delivery of tortoises to recipient sites. VII. REQUIRED CONTRACT DOCUMENTATION The Vendor shall maintain at least the following information on file to document the successful completion of the assigned tasks: A. Gopher tortoise survey results including any maps, plans or other graphics that may have been used to conduct the survey. B. All documents created or used to complete permit application submittals. C. All issued permits or modifications thereof. D. All documents created or used to perform gopher tortoise relocations. E. All documents created or used to complete after action reports. F. All documents created or used to determine location for silt fence installation if not covered under a permit application. G. Receipts for payments to subcontractors, recipient sites, FWC or other vendors for any effort or materials used to support this contract. H. Documentation of billable time by employees working on the contract. I. Other memos, reports, s or correspondence created to support this contract. Electronic documentation of files is acceptable. These documents must be maintained for a period of two years after contract completion. VIII. PERFORMANCE MEASURES The following performance measures shall apply to this contract: A. Deliverables shall be provided no later than the date specified in the Work Authorization unless approval to change a deliverable date is received from the Contract Manger prior to the actual deliverable date passing. B. Deliverables and services should meet industry and agency standards. A-12 of 15

31 C. Permit applications, modifications and other submittals to FWC should be clear, concise and provide the required information with minimal requests for additional information. D. Any time frames spelled out in the scope of services not specified in a Work Authorization (i.e. replacing authorized agents) shall be met unless prior approval to exceed those timeframes is obtained from the Contract Manager. E. All coordination efforts with Department consultants, contractors, employees, other agents, agency staff, the public or others shall be conducted with the utmost professionalism and with the Department s interests in mind. IX. LIQUIDATED DAMAGES Should the Vendor fail to provide deliverables in the time specified in individual Work Authorizations, the Department will apply the following liquidated damages to the invoices pertaining to that effort: A. For each week the deliverable is late the Department will deduct five percent from the invoiced amount unless prior approval to exceed those timeframes is obtained from the Contract Manager. X. REQUIRED EQUIPMENT AND MATERIALS The equipment and materials required (this does not imply ownership of said equipment) shall include, but are not limited to, the following: A. Two backhoes with flat plates. B. Trenching equipment to install silt fence or other exclusionary fence. C. Equipment to clear and grub for exclusionary fence installation. D. Equipment for hand shovels excavations. E. Equipment for measuring and marking relocated tortoises. F. Equipment for taking blood samples for URTD testing (if required by Vendor supplied recipient site). G. Exclusionary fencing (including but not limited to silt fence and hale bales). H. Bucket traps (enough to set up to 100 traps at one time, or ability to obtain additional buckets if needed for a large project). I. Appropriate containers for transporting tortoises from donor site to recipient site. J. At least three vehicles, with at least one being four wheel drive, appropriate for the field. K. At least two GPS units with appropriate accuracy to complete tortoise surveys. L. GIS software compatible with the GPS units. M. CADD software (most current version used by the Department). N. Other minor incidentals required for field work including but not limited to flagging tape, pin flags, survey stakes, digital cameras and pulling rods (if there are authorized staff on the contract to do this type of relocation). O. Other hardware/software required to complete office work including computers, internet access and . A-13 of 15

32 P. Cell phones. Q. Exclusionary netting for bats. R. Bat abodes and bat houses, as well as any materials required for their installation. XI. FDOT RESPONSIBILITIES A. The Department will provide a Contract Manager for administering the terms and conditions of this contract. This person will be Casey Lyon, District Environmental Permit Coordinator, 719 South Woodland Boulevard, DeLand, FL The Department reserves the right to change the Contract Manager at any time. B. The Department will furnish the following services and data to the Vendor for the performance of their services: 1. Provide general philosophies and guidelines of the Department to be used in the fulfillment of this contract. Objectives, constraints, budgetary limitations and time constraints will be defined by the Department. 2. Provide the contact information for any engineering vendors, construction staff, contractors or others, working for the Department that the Vendor will need in order to accomplish the tasks outlined herein. 3. Provide the necessary project schedules to the Vendor. 4. Review and approve all submittals to the FWC or other agencies and approve any contacts with outside entities. 5. Provide coordination for any land surveying effort necessary as described in section V.G., Exclusionary Fence/Enclosure for Soft Release Installation, Monitoring, Maintenance and Removal. 6. Provide any land surveying effort necessary as described above in section V.G., Exclusionary Fence/Enclosure for Soft Release Installation, Monitoring, Maintenance and Removal. 7. Inform the Vendor, if the Vendor is to pay the mitigation contribution or recipient site fees. 8. Provide copies of agreements/acceptance letters for recipient sites other than those provided by Vendor if obtained by the Department. 9. Provide copies of other issued permits (such as Environmental Resource Permits) for inclusion in gopher tortoise permit applications as needed. 10. Provide access to Department donor sites. XII. REFERENCES The Vendor shall provide at least three references that have utilized the Vendor s gopher tortoise permitting services in the last three years and that can attest to the Vendor s ability to perform the type of work as outlined herein. The references shall include a contact person, phone number for contact person, description of work and date of work. A-14 of 15

33 XIII. BEGINNING AND LENGTH OF SERVICES A. The performance period of this Agreement shall begin on date of execution and shall continue for a period of three years. Services will begin and be performed as directed, by Work Authorization issued in accordance with Exhibit B, Method of Compensation, of this Agreement. XIV. LIQUIDATED DAMAGES The Vendor acknowledges that failure to complete the services by the completion date designated on the contract document may cause the Department to incur damages that, at present are, and upon the occurrence of the failure to timely complete the services may be, difficult to determine. Moreover, the Parties wish to avoid lengthy and expensive litigation relating to failure to complete the services on time. For each week the deliverable is late, the Department will deduct five percent from the invoiced amount unless prior approval to exceed those timeframes is obtained from the Contract Manager. Therefore, in the event the Vendor fails to complete the authorized services by the completion date designated on the contract document, the Department shall exercise the remedy of liquidated damages against the Vendor for each week after the designated completion date that the Vendor fails to complete the services. The Parties agree that if the Department allows the Vendor to continue and finish the services, or any part of it, after the expiration of the time allowed, that the Department s action shall in no way act as a waiver on the part of the Department of the liquidated damages due under this contract. The Vendor shall pay said sum to the Department not as a penalty, but as liquidated damages. A-15 of 15

34 1.0 PURPOSE: EXHIBIT B METHOD OF COMPENSATION RFP-DOT District Five Gopher Tortoise Relocation and Wildlife Monitoring Services This Exhibit B defines the limits of compensation to be made to the contractor for the services set forth in Exhibit A, Scope of Services, and the method by which payments shall be made. 2.0 FUNDING: The total funding currently available is $500, The Department, based on need and availability of budget, may increase or decrease the amount of funding available as the Department determines is appropriate by Letter of Authorization (LOA). Each Letter of Authorization will detail the amount of funding being added and the total amount authorized to date. The Vendor shall not provide services that exceed the total funding currently available without an approved Amendment or LOA from the Department. 3.0 COMPENSATION This is a term Agreement for an indefinite quantity whereby the Vendor agrees to furnish services on an as-needed basis, during a prescribed period of time. This is a Task Work Order driven Agreement. No work shall be performed except pursuant to specific written authorizations issued by the Department ( Task Work Order ). Each Task Work Order will specify the amount of compensation that will be paid for the performance of the work described therein. Execution of this Agreement does not guarantee that the work will be authorized. Furthermore, the Vendor is providing these services on a nonexclusive basis. The Department, at its option, may elect to have any of these services set forth herein performed by other Vendors or Department staff. 3.1 Basis of Compensation Vendor will be paid the lump sum amount in full for proper completion of all the work identified to be included in the lump sum amount, regardless of the time, effort, or expense of the Vendor in performing that work. The Vendor may be paid a portion of the lump sum amount as a progress payment based on the percentage of the total lump sum work that has been completed, accepted by the Department, and properly invoiced by the Vendor during any billing period. Payment of the lump sum amount will constitute full compensation for the work and no additional compensation will be paid for overhead, operating margin, expenses, travel, costs, or any other matter. 3.2 Actual Expenditures In addition to the hourly rates the Vendor will be reimbursed at actual cost for the expenses that are beyond normal business expenses as invoiced and approved by the department. Normal Business Expenses are considered to be the allowable and allocable expenses that the business would incur in the normal course of conducting business with the Department. These include, but are not limited to overhead, building maintenance, computers, training, B-1 of 3

35 utilities, communications travel, office supplies, copies, presentation materials, pamphlets and brochures, which are included in the hourly billing rates. 4.0 LIQUIDATED DAMAGES In the event the Vendor fails to complete the work within the time stated in the Services Period as stated in Exhibit A, Scope of Services of that Task Work Order, the Vendor shall pay, not as penalty, but as liquidated damages, the amount defined in Exhibit A, Scope of Services of this Agreement. The Department has the right to apply, as payment on such damages any money the Department owes to the Vendor. Liquidated Damages will be assessed and deducted from the monthly Lump Sum invoice as per section 5.0 below. 5.0 PROGRESS PAYMENTS: The Vendor shall submit monthly invoices (3 copies) in a format acceptable to the Department. Payment shall be made at the unit billing rates in Table 1 below, for services provided, as approved by the Department. The contract unit rates shall include the costs of salaries, overhead, fringe benefits, and operating margin. Payment for expenses shall be made on the basis of actual allowable cost incurred as authorized and approved by the Department. The Vendor shall submit monthly invoices (3 copies) in a format acceptable to the Department. Payment shall be made to the Vendor for services provided plus actual allowable costs. The invoice shall include documentation of man-hours provided and itemization of costs incurred (including receipts). Invoices shall be submitted to: Florida Department of Transportation Attn: Project Manager MS South Woodland Boulevard DeLand, Florida The Vendor has certified that % MBE utilization would be achieved for this contract. If MBE utilization was certified by the Vendor, an MBE payment certification form shall be submitted with each invoice to verify the MBE utilization. 5.1 Liquidated Damages Monthly at the time of invoice the Project Manager shall verify that no Liquidated Damages are due prior to approving any invoice. In the event that liquidated damages are due, the invoice shall be reduced by the amount due for the corresponding event at the rate shown in Exhibit A, Scope of Services. The Department reserves the right to reduce any payment by any amount due under the Liquidated Damages provisions within this contract. 6.0 DETAILS OF COSTS AND FEES: Details of the Contractor s billing rates for the performance of the services are contained in Table 1 listed below. 7.0 TANGIBLE PERSONAL PROPERTY: This contract does not involve the purchase of Tangible Personal Property, as defined in Chapter 273, F.S. B-2 of 3

36 Table 1 ITEM SERVICE UNIT *UNIT RATE 1. Services to be provided by the Vendor Project Manager Hourly $ Authorized Agent Hourly $ Support Staff Hourly $ Exclusionary Fence Installer Hourly $ Backhoe Operator Hourly $ Administrative Staff Hourly $ GIS/CADD Operator Hourly $ 2. Services to be Provided by the Vendor related to the Donor Sites Backhoe with flat plates (includes mechanical and hand shovel excavation Equipment and mobilization) hourly $ Bucket traps (includes equipment and maintenance) per bucket $ Equipment to hold and transport tortoises from donor site to recipient site per unit $ (Includes containers and other appropriate equipment approved by FWC) GPS unit with appropriate accuracy to complete surveys per day $ Miscellaneous Items (other minor incidentals required for field work including flagging tape, pin flags) per task $ Services to be provided by the Vendor related to the recipient site(s) provided by the Vendor Per tortoise fee for recipient site(s) provided by Vendor Per tortoise $ Proof of reserved capacity for tortoises at recipient site (includes all efforts for providing) Each $ URTD testing (if required by recipient site) Per tortoise $ Exclusionary fence installation on Recipient site provided by vendor (if not already included in per tortoise fee above) Linear foot $ Miscellaneous items (if not already included in per tortoise fee) Each $ Exclusionary fence installation at donor sites or recipient sites other than those provided by the Vendor Exclusionary fencing hay bales Each $ Exclusionary fencing silt fence (includes clearing and grubbing for installation) Linear foot $ Exclusionary fencing other material Linear foot $ Trenching equipment to clear and grub for exclusionary fence installation hourly $ Miscellaneous items (flagging, survey stakes, pin flags, etc.) Per task $ 5. Services to be provided by the Vendor related to bat exclusions Exclusionary Netting Each $ Bat Houses (Includes poles) Each $ B-3 of 3

37 State of Florida Department of Transportation FORMS for District Five Gopher Tortoise Relocation and Wildlife Monitoring Services