Architectural_and_Design_Standards.pdf

25-059-RSQ

Architectural and Design Standards

The City of Fort Myers Procurement Services utilizes an electronic bidding system to streamline the solicitation process.

City of Fort Myers Procurement Services Website https://procurement.opengov.com/portal/cityftmyers

Architectural and Design Standards, 25-059-RSQ

TABLE OF CONTENTS

1. INTRODUCTION

2. ADVERTISEMENT & TIMELINE

3. PROJECT DETAILS / SCOPE OF SERVICES

4. EVALUATION CRITERIA

5. INSTRUCTIONS TO CONSULTANTS

6. GENERAL CONDITIONS

7. INSURANCE

8. DEFINITIONS

9. CONSULTANT SUBMISSION QUESTIONNAIRE

10. DRAFT CONTRACT (SERVICE, CCNA)

1. INTRODUCTION

The City is soliciting a Request for Statement of Qualifications (RSQ) from qualified firms to provide architectural and design standards to support strategic development initiatives that modernize and strengthen Midtown’s attractiveness as a destination and grow economic opportunity and community investment in the area.

The Midtown area in Fort Myers is a two hundred forty (240) acre district just south of the historic Downtown core. This area is characterized by an eclectic mix of uses, buildings and street conditions. These physical conditions, along with a significant amount of under-utilized property, the lack of investment and its adjacency to Downtown, make this area an ideal candidate for redevelopment.

The existing City of Palms Park baseball stadium, which is one of the defining features of the area, has had a significant presence in the area for almost twenty-five (25) years but is largely dormant now. As the Spring Training home of the Boston Red Sox until 2011, current uses do not attract enough people to activate the area. Also intended as a catalyst development when erected in 1993, it hasn’t fostered any redevelopment on the surrounding blocks. Repurposing this land with new uses will reinvigorate the area and allow Midtown to once again become an active destination in the city.

The City interested in the redevelopment potential of this area as an extension of the commercial core and the creation of a consistent unifying architectural design theme.

It is anticipated the design standards and architectural guidelines will be developed as part of the existing “Smart Code” originally adopted in 2008 as part of the Duany Plan. The Smart

Code is a form-based code and is an instrument for the implementation of the comprehensive plan and smart growth principles in the areas of the City within the Downtown and Midtown

Future Land Use designations.

1.1. Summary

The City is soliciting a Request for Statement of Qualifications (RSQ) from qualified firms to provide architectural and design standards to support strategic development initiatives that modernize and strengthen Midtown’s attractiveness as a destination and grow economic opportunity and community investment in the area.

1.2. Background

The City of Fort Myers (the “City”), established in 1886, is located on the southern west coast of

Florida. It is the cultural and trade center for Lee County and the surrounding area. The City was built on the site of Fort Harvie and was named for Colonel Abraham Charles Myers, then

Chief Quartermaster of Florida. The City has approximately 1,000 employees serving a population of approximately 96,755 full time permanent residents with a population growth of

12% between 2020 and 2022. According to the Lee County Visitor & Convention Bureau, nearly 4.5 million people visit Fort Myers each year and spend over $4 billion dollars while in the area. Fort Myers has experienced unprecedented growth in its tax base, as the past (3), year over year percentage increases, were double digit. The City added a total of $5.0 billion to its tax base over the past five years, or 75.6%.

1.3. OpenGov Portal

The City uses OPENGOV (https://procurement.opengov.com/portal/cityftmyers) to administer the competitive solicitation process, including but not limited to soliciting responses, issuing addenda, posting results and issuing notification of an intended decision. There is no charge to register and download the solicitation from OPENGOV. Consultant are strongly encouraged to read the various

Guides and Tutorials available in OPENGOV well in advance of their intention of submitting a response to ensure familiarity with the use of OPENGOV. The City shall not be responsible for a

Consultant’s inability to submit a response by the end date and time for any reason, including issues arising from the use of OPENGOV.

1.4. Contact Information

Direct inquiries to the following:

Procurement Representative Name

Denise K. Finn, NIGP-CPP, CPPO, CPPB, FCCM, Procurement Manager

2200 Second Street

Fort Myers, FL 33901

Email: dfinn@fortmyers.gov

Phone: (229) 321-7242

Requesting Department:

Community Development

2. ADVERTISEMENT & TIMELINE

REQUEST FOR STATEMENT OF QUALIFICATIONS

25-059-RSQ Architectural and Design Standards

The City of Fort Myers is seeking submittals for 25-059-RSQ Architectural and Design Standards which will be uploaded electronically on or before Monday, May 5, 2025 at 2:00 pm. Interested participants are encouraged to download the solicitation documents. For more details visit https://procurement.opengov.com/portal/cityftmyers

CITY OF FORT MYERS

Marty K. Lawing, City Manager Legal Ad: News-Press/OpenGov

Mary Hagemann, City Clerk RUN DATES: Monday, April 21, 2025

TIMELINE

The Proposed timeline for this solicitation (which is subject to change) is:

Solicitation Advertise & Release Date: April 21, 2025

Question Submission Deadline: April 28, 2025, 4:00pm

Submission Deadline: May 5, 2025, 2:00pm

Selection Committee Meeting: May 7, 2025, 1:00pm

Presentations (if desired by the committee): May 12, 2025, 10:00am

Proposed City Council Approval Date: June 2, 2025

3. PROJECT DETAILS / SCOPE OF SERVICES

3.1. Important Instructions for Electronic Submittal

The City of Fort Myers is accepting electronic submissions. Consultants shall create a FREE account with OpenGov Procurement by signing up at https://procurement.opengov.com/signup.

Once you have completed account registration, browse back to this page, click on "Submit

Response", and follow the instructions to submit the electronic response.

3.2. Minimum Qualifications of Consultants

1. The Consultant shall hold any necessary license’s authorizing them to do business in the

State of Florida.

2. Consultants shall have been in business under the current company/firm name for a minimum of three (3) consecutive years.

3. Neither Consultants nor any principal, officer, or stockholder shall be in arrears or in default of any debt or contract involving the City, (as a party to a contract, or otherwise); nor have failed to perform faithfully on any previous contract with the City.

4. Consultants are required to inform the City of any relevant legal or ethical issues. Specifically, they need to disclose:

• Judgments: Any court decisions against them.

• Pending Lawsuits: Any current legal actions.

• Criminal Activities: Any criminal conduct, especially if it involves moral turpitude

(actions that are morally reprehensible).

https://procurement.opengov.com/signup

Consultants will be given a chance to explain or provide additional information regarding these issues if applicable. This allows them to clarify any concerns and provide context.

To demonstrate qualifications to perform the Services, each Consultant must be prepared to submit written evidence, such as financial data, previous experience, present commitments, and other such data as may be called for. Each Solicitation must contain evidence of the

Consultant's qualifications to do business in the State of Florida, or covenant to obtain such qualification, prior to award of the contract.

The awardee will be required to maintain the Minimum Qualifications Requirements, as presented during selection, if selected and awarded the contract, during the term of the

Contract and any contract renewals.

3.3. Scope of Services

1. Project Overview

The City is soliciting a Request for Qualifications (RFQ) from qualified firms to provide architectural and design standards to support strategic development initiatives that modernize and strengthen Midtown’s attractiveness as a destination and grow economic opportunity and community investment in the area.

2. Description of Services

The City is seeking support in architectural, design standards, and related professional services. Specific services may include but not be limited to:

• Update the Smart Code to incorporate additional form-based code elements and architectural style elements.

• Architectural and design standards assistance for the midtown area of the City.

• Facilitation of public meetings, design charrettes, stakeholder focus groups, steering and advisory committees, public feedback gathering efforts and community outreach.

• Architectural design theme, building massing, plazas, promenades, and open space designs.

• Incorporate urban design minimum requirements plan and components.

• Mobility, connectivity, sustainability, and resiliency planning efforts.

• Assistance in communicating planning concepts to decision makers and the general public through graphic conceptualization of land development scenarios, conceptual design/massing models, renderings and photo-simulations, site plans, illustrations, and diagrams; Assistance with the development of policies and implementation strategies including zoning ordinances and amendments, development standards, pattern books and design guidelines.

• Utilizing innovative experiential design standards, landscape architecture, art, wayfinding, and place making tools such as tactical urbanism to create aesthetically interesting, legible, and interactive urban spaces.

• Development of design standards for resilient places, healthy communities, smart technologies, new development typologies, and creative and cultural arts districts.

• Preparation of cost estimates and opinions of probable construction costs,

• Planning and project feasibility studies, including fiscal feasibility.

• Project options evaluations, including projects submitted by developers.

• Market demand studies and creating customized market analysis to assist the department in making informed regulatory recommendations.

• Evaluating short and long-term economic viability of existing and proposed uses to determine redevelopment potential and identifying market gaps.

• Identifying incentives to attract desired uses and means of monitoring implementation, including performance measures or similar metrics; and

• Identifying and pursuing funding opportunities and assistance in the preparation of grant proposals.

4. EVALUATION CRITERIA

1. Qualifications of Consultants

To demonstrate qualifications to perform the Services, each Consultant must be prepared to submit information pertaining to each criterion. Each Submittal must contain evidence of

Consultant qualifications to do business in the State of Florida, or covenant to obtain such qualification, prior to award of the contract.

2. Responsiveness

The City will determine whether the Consultant complies with the instructions for submissions including completeness which encompasses the inclusion of all required attachments. Late submissions will not be accepted. Failure to meet other requirements may result in rejection.

3. Responsibility

The City will determine whether the Consultant is one with whom it can or should do business.

Factors that the City may evaluate to determine “responsibility” include, but are not limited to past performance, references (including those found outside the submittals), compliance with applicable laws, Consultant's record of performance and integrity – e.g. has the Consultant been delinquent or unfaithful to any contract with the City, whether the Consultant is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. Consultants must always have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. The City reserves the right to inspect and review Consultant facilities, equipment, and personnel and those of any identified subConsultant. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection.

4. Technical/Qualification Submittal

The City will determine how well submissions meet the requirements in terms of the response to the specifications and how well the offer addresses the needs of the project. Consultant must have Form-Based Code experience.

5. Selection Committee and Evaluation Process

5.1. Procurement Services

Procurement Services will perform the initial review of all submittals for preliminary qualification and documentation compliance. This review process may include, but is not limited to, forms verification, professional licensing, references, past performance, and other relevant criteria, and review of the MBE and Local preference if applicable. This will prove the Consultant's submission is responsive to the solicitation request.

Procurement staff will review of all responsive submissions and forward it with the responsive submissions to the Selection Committee for further analysis.

5.2. Selection Committee

A Selection Committee (hereinafter referred to as “the Committee”) consisting of at least three (3) members will be established to review, discuss, and evaluate all responsive submissions. The Committee may utilize additional City staff, consultants and experts as additional voting or non-voting members to advise and assist the Committee in review of the submissions.

A Selection Committee, appointed in accordance with the City’s policies and procedures, will individually review and evaluate all eligible submissions based on the factors set forth in the Evaluation Criteria of the Solicitation and assign a score for each criterion ranging from zero (0) points to the maximum points allowed for each rating criteria. This will be completed before the selection committee meeting. The Committee will rank the short-listed Consultant(s) based on the Evaluation Criteria outlined in the section titled

Evaluation Criteria for Short-Listing.

5.3. Selection Committee Meeting

The Procurement representative will schedule a public meeting for the Committee to discuss their initial evaluation and rank the responsive Consultants deemed acceptable to be selected; committee members may change or update their scores anytime before the scores are read aloud. The evaluation scores will be submitted via OpenGov to the

Procurement representative. The Committee will then determine if they would like

Presentations/Interviews with any of the Consultants and how many they would like to invite.

5.4. Presentations/Interviews

The Committee reserves the right to request Presentations/Interviews with any or all responsive and responsible Consultants whose submissions are deemed to be acceptable for award. Presentations/Interviews may be limited at the discretion of the Committee to short listed Consultant. Presentation/Interviews may be conducted for the purpose of clarification and to assure full understanding of, and responsiveness to, the solicitation requirements. The City will not be liable for any costs incurred by the Consultants in connection with such Presentations/Interviews (i.e., travel, accommodations, etc.). If the

Committee elects to conduct Presentations, the Criteria listed under Phase 2 will be used to evaluate the Presentations. All scores from Phase 1 will be cleared and only scores in

Phase 2 will be considered for award.

Presentations/Interviews will be conducted in a public meeting. Each Consultant will be asked to excuse themselves during other presentations. During the presentation/interview, Consultant(s) must demonstrate their understanding of the project scope and discuss their approach to successfully completing the project.

Upon completion of the presentations, the Committee shall discuss presentations, and the public will have an opportunity to speak (3 minute maximum) before the Committee submits scoring for the presentation/interview through OpenGov. The Procurement

Manager or designee will read the ranking of the Consultants from the Committee scoring.

5.6. Final Ranking

After the presentation/interviews, the Committee will rank the short-listed Consultant(s) using the criteria outlined in the Evaluation Criteria for Final Ranking section. The rankings will then be submitted to the City Council for approval.

o Upon City Council approval, the Department Director or designee will initiate negotiations with the top-ranked Consultant(s) with the intention of entering into a contract.

o If negotiations with the top-ranked Consultant fails, negotiations with the top ranked

Consultant will be terminated, and the City will begin negotiations with the next-ranked Consultant.

o This process will continue until a successful contract is negotiated or the solicitation is cancelled without award.

o Once a contract is finalized, it will be executed by the Mayor and City Manager.

5.7. Flexible Award Options

The Committee may evaluate and award a Contract based on responses to this

Solicitation without presentations/interviews. Therefore, each submission should contain the Consultants best terms and conditions for consideration.

5.8. Tiebreaker

In the event of a tie, two or more Consultants that have the same ranking, the following steps will be taken to determine the highest ranked Consultants.

Step 1: Consultants with an established drug-free workplace program, as defined by Florida Statute Section 287.087, shall be ranked higher.

Documentation verifying the drug-free workplace program must be provided to receive this preference.

Step 2: Consultants qualifying as local, in accordance with the definition set forth in City of Fort Myers Ordinances Section 38-71 or its most recent revision, shall be ranked higher than non-local Consultants. Proof of local status must be submitted with the proposal to receive this preference.

Step 3: The Consultant with the highest number of first place rankings among evaluators shall be deemed the top-ranked Consultant. If a tie persists, the Consultant with the highest number of second place rankings will be ranked higher. This method will continue progressively through third, fourth, and subsequent rankings until the tie is resolved. If a tie remains after all rankings are considered, additional tie-breaking criteria will apply.

Step 4: In the event a tie persists after Steps 1 through 3, preference shall be given to the Consultant demonstrating the highest commitment to sustainability and environmental stewardship. Evaluation factors may include green certifications, use of eco-friendly materials, waste reduction strategies, carbon footprint minimization efforts, and participation in local sustainability initiatives. The Consultant with the most significant and verifiable sustainability contributions shall be deemed the first-ranked Consultant.

The highest ranked Consultants upon completion of the needed steps shall receive the first opportunity to negotiate.

5.9. Reserved Right to Reject Solicitations

The City, at its sole and absolute discretion, reserves the right to reject any and all, or parts of any and all submittals, to readvertise this solicitation, to postpone or cancel this solicitation process at any time, or to waive minor irregularities and informalities in this solicitation or in the submittals received as a result of this solicitation. The City does not guarantee the award of any Contract as a result of this solicitation process.

The City reserves the right to evaluate the financial capability, reputation, integrity, skill, business experience, and quality of performance under similar operations for each

Consultants prior to making an award.

The City reserves the right to request that the Consultant provide additional information it deems necessary to evaluate, clarify, or substantiate any area contained in each submittal and to best meet the needs of the City. This includes information which indicates financial resources as well as ability to provide and maintain the system and/or services. Failure to promptly supply requested information, such as records of past performance, financial stability, or the ability to meet project schedules, may result in a determination of non-responsiveness.

The City, at its sole and absolute discretion reserves the right to waive and and all informalities in the solicitation or submittals.

5.10. Authority to Award

Contracts shall be awarded in accordance with the provisions of the City’s Procurement

Ordinance and Policy upon approval of City Council.

6. Contract Negotiations and Acceptance

Upon City Council approval, the Department Director or designee will initiate negotiations with the top-ranked Consultants with the intention of entering a contract. Consultants must be prepared for the City to accept the Submittal as presented. If Consultants fails to sign all documents necessary to successfully execute the final contract within a reasonable time, or negotiations do not result in an acceptable agreement, the City may reject the Submittal or revoke the award and may begin negotiations with the next highest Consultant. Final contract terms must be approved or signed by the appropriately authorized City Official(s). No binding contract will exist between the Consultant and the City until the City executes a written contract.

No. Evaluation Criteria Scoring Method Weight (Points)

1. Professional Qualifications of Staff and any Sub-Consultants Assigned

Provide a brief profile of the firm(s), names and resumes of key staff – indicate which and what level of involvement is anticipated.

Points Based 20 (16.9% of Total)

2. Specialized Experience in the Type of

Work Required

Describe the proposer’s past performance and experience on consulting services of this type. Consultant must have Form-

Based Code experience. Include descriptions of at least three comparable projects similar in scope to the services requested herein which the proposer has completed within the past five years or are currently ongoing. For each comparable project, please indicate the duration of the project, the client, description of work, and the results/deliverables.

Points Based 20 (16.9% of Total)

3. Familiarity with Services needed and the Conceptual Approach Proposed to

Address them

Points Based 20 (16.9% of Total)

4. Quality of Past Performance on

Similar Projects and Demonstrated

Ability to Resolve Project Issues

Points Based 15 (12.7% of Total)

5. Capability to Provide Aesthetic Design

Features in Keeping with the City and

Community Goals for a Quality

Outcome

Points Based 10 (8.5% of Total)

6. Evidence Of Cost Control

Effectiveness Points Based 5

(4.2% of Total)

7. Current Volume of Work and

Capability to Reallocate Resources

Effectively as Needed to Meet Project

Schedule and Needs

Points Based 5 (4.2% of Total)

8. Accessibility of the Project Team to

Potential Project Sites Points Based 5

(4.2% of Total)

9. Local Vendor Preference (City funded only, Scored by Procurement)

• See completed Local Preference

Company Affidavit

• Qualified business located in City of Fort Myers (5)

• Qualified business located in Lee

County (3)

Points Based 5 (4.2% of Total)

10. Compliance with Minority Business

Enterprise Policy (City funded only, Scored by Procurement)

• Certified Minority Business by the

State of Florida Office of Supplier

Diversity, located within Lee

County and registered with the

City. (10) or

• Shows Proof Consultants applied for status and are awaiting confirmation (8) and

• Partnering with a minimum of two Minority Businesses that are certified by the State, located within Lee County, and registered with the City (5)

Points Based 13 (11% of Total)

5. INSTRUCTIONS TO CONSULTANTS

PROCUREMENT INFORMATION

Procurement Services is the official source for obtaining information regarding City of Fort Myers solicitations. It is the responsibility of Consultants to monitor and obtain solicitation updates and current award information both prior to and after the scheduled opening date. Information is updated as it becomes available. The City reserves the right to issue an award or a recommendation of award at any time following the scheduled solicitation opening date.

APPLICABLE LAW AND APPEALS

This solicitation is issued in accordance with, and governed by, the provisions and procedures outlined in Chapter 38, Articles III and IV of the City of Fort Myers Code of Ordinances. These provisions can be accessed online at:

City of Fort Myers Code of Ordinances - Procurement

Alternatively, contact Procurement Services for further assistance.

Any appeals related to this solicitation must comply with the requirements specified in the City’s

Code of Ordinances and procurement policies.

AMERICANS WITH DISABILITIES ACT

Persons with disabilities requiring special accommodations to participate in this solicitation process should contact Procurement Services at least seven (7) days before the required accommodation.

Contact Information:

Procurement Services

2200 Second Street, Fort Myers, FL 33901

Email: ProcurementServices@fortmyers.gov

Phone: (239) 321-7240

SOLICITATION SUBMISSION GUIDELINES

1. Official Submission Portal:

All submissions must be made electronically through the City’s Bid Portal in OpenGov.

The portal will keep all files locked until the solicitation officially closes.

2. Official Time:

The time clock in OpenGov will serve as the “Official Time” for determining the actual closing time of the solicitation. Submissions received after the specified date and time will not be accepted.

3. Consultant Responsibilities:

o Consultants are solely responsible for ensuring timely electronic submissions.

o The City is not responsible for the distribution of addenda or other solicitation-related information to Consultants who fail to register in OpenGov.

4. Addenda Distribution:

All addenda and updates will be made available exclusively via OpenGov. Consultants are advised to regularly check the portal for any updates related to this solicitation.

5.1. Introduction

To be considered, electronic submissions must be completed in accordance with the instructions outlined in this solicitation and submitted within the specified timeframe. The portal will keep all files locked until the solicitation officially closes.

https://library.municode.com/fl/fort_myers/codes/code_of_ordinances?nodeId=SPAADCO_CH38FI_ARTIIIPU

The City reserves the right to accept or reject any or all submissions and to waive minor irregularities or technicalities, as deemed in the best interest of the City. All decisions made by the City regarding these matters shall be final and binding.

5.2. Solicitation Documents

Visit the City of Fort Myers Procurement Services Website and follow the link to Active

Solicitations to access solicitation information. It is the responsibility of the Consultant to ensure correct registration information is provided. The City is not liable for any issues arising from incorrect or incomplete contact information.

1. Use of Official Solicitation Documents:

All submittals must be prepared using the solicitation documents provided by the City.

The City assumes no responsibility for errors or misinterpretations resulting from the use of incomplete or unofficial solicitation documents.

2. Purpose of Solicitation Documents:

Solicitation documents are provided solely to facilitate the preparation and submission of responses.

3. Right to Cancel:

The City reserves the right to cancel any solicitation at any time without obligation.

5.3. Responsibilities of the Consultant

Each Consultant is responsible for the following actions before submitting an offer:

1. Download Official Solicitation Documents:

o Obtain solicitation documents exclusively from OpenGov. Documents sourced from other platforms or sources are not guaranteed to be accurate.

2. Thoroughly Review Documents:

o Examine all solicitation documents to fully understand the requirements. If additional clarification is needed, submit questions through the OpenGov Q&A module.

3. Consider Applicable Laws and Regulations:

o Evaluate all Federal, State, and Local laws, ordinances, codes, and regulations that could impact the cost, progress, performance, or execution of the work.

4. Correlate Observations with Documents:

o Study and carefully align observations with the solicitation documents to ensure consistency.

5. Report Conflicts or Discrepancies:

o Notify the City of any conflicts, errors, or discrepancies in the solicitation documents by submitting a question through the E-Procurement Q&A module.

https://www.cityftmyers.com/1171/Procurement-Services

▪ Response Timeline: Questions related to document format or processes will be addressed within two (2) business days or the solicitation may be placed on hold.

▪ This timeline does not apply to project-specific questions that require input from project managers or subject matter experts.

6. Review the Draft Contract:

o The draft contract intended for award is included with this solicitation for reference.

▪ This draft contains standard legal language and is not typically modified, except for formatting and enumeration.

▪ Any exceptions to the standard contract should be submitted as a question in the

Q&A module before the question deadline. If the question deadline has passed, exceptions should be clearly noted in the Consultant's questionnaire.

▪ Note: Exceptions to the draft contract may impact the evaluation of the submittal.

7. City's Right to Modify Contract:

o The City reserves the right to make modifications to the draft contract for specific solicitations before execution.

5.4. Questions and Addenda Guidelines

1. Submission of Questions:

o All questions regarding the meaning or intent of the solicitation documents must be submitted through the OpenGov Portal.

o Only questions received before the deadline specified in the solicitation timeline will be considered.

o Responses to questions will only be binding if provided in writing via addenda or the

"Questions & Answers" feature in OpenGov. Oral or other informal interpretations or clarifications will have no legal effect.

o Any addenda issued electronically during the solicitation period shall become part of the solicitation and will be incorporated into the resulting contract.

2. Response Timeframes:

o Answers to questions of substance will be publicly published in the OpenGov Portal.

o Responses to document format or process-related questions will be issued within two (2) business days of receipt, or the solicitation will be placed on hold.

o The two-day response window does not apply to project-specific questions that require input from project managers or Consultants.

3. Authority of Addenda and Revisions:

o Revisions to the solicitation and responses provided via the "Questions & Answers" feature are authoritative and shall be considered addenda to the solicitation.

o All information provided in this solicitation, including addenda and answers to questions, will be incorporated into the solicitation and any resulting contract.

o It is the responsibility of the Consultant to review all addenda, revisions, and published answers to questions.

o Requests for interpretations must be submitted through the OpenGov Portal. Failure to review and comply with the latest addenda or interpretations will not relieve the

Consultant from their obligations under the solicitation or resulting contract.

o No oral interpretations will be provided. All official interpretations will be issued as written addenda and made available via OpenGov.

4. Modification of Solicitation Documents:

o The City reserves the right to issue addenda to modify the solicitation documents as necessary.

o Consultants are strongly encouraged to attend any pre-submittal meetings to gain clarity on the solicitation requirements.

5.5. Interpretation of Solicitation and Addenda

The absence of details or the omission of specific descriptions within the Solicitation or any addenda shall be interpreted as requiring adherence to the highest standards of best commercial practices. All interpretations and clarifications of this Solicitation shall be governed by the terms and conditions set forth in this Contract.

5.6. Incorporation of Procurement Ordinance and Policy

The City’s Procurement Ordinance and Policy are hereby incorporated by reference into this solicitation and any contract awarded as a result of this solicitation. By participating in this solicitation, Consultants agree to be bound by the City’s Procurement Ordinance and Policy in all matters related to this solicitation and any subsequent contract.

5.7. Local Preference

The City of Fort Myers has a local vendor preference policy (Ordinance 38-71). Please click on the ordinance number to review the policy.

5.8. Minority Business Enterprise Program

All forms MUST accompany each set of Solicitation forms. Minority Business Enterprise (MBE)

Ordinance No 3126: The City has established an MBE Ordinance for expenditures of construction, services, goods, and other services. Minority Business Enterprise’s (MBE’s) are https://library.municode.com/fl/fort_myers/codes/code_of_ordinances?nodeId=SPAADCO_CH38FI_ARTIIIPU_DIV2LOVEPR businesses who are certified by the State of Florida Office of Supplier Diversity and whose principal place of business is located within the boundaries of Lee County.

The City's Minority Business Enterprise Policy can be found at:

https://www.fortmyers.gov/1511/Minority-Business-Enterprise-Program

5.9. Submittal Preparation

1. Preparation of Response

Consultants must prepare their responses in a clear and concise manner, ensuring that all required content is complete. Special attention should be given to the specific information, instructions, and requirements outlined in the solicitation document to ensure responsiveness.

Incomplete responses or those lacking key information may be rejected. To facilitate the review process, each section or tab of the response should be properly labeled to correspond with the solicitation requirements.

2. Incurred Expenses

The City of Fort Myers is not responsible for any expenses incurred by Consultants in the preparation and submission of their proposals, including costs associated with presentations or other activities related to the solicitation process.

3. Proprietary Information

1 Public Records Law

In accordance with Chapter 119, Florida Statutes (Public Records Law), and unless otherwise provided by applicable State or Federal Law, all solicitation documents and responses are considered public records, see F.S. 119.071(1)(b) Consultants must specifically identify any information in their proposals considered confidential or proprietary and provide the applicable legal exemption for nondisclosure. Generic designations such as “confidential” are insufficient.

Failure to provide Procurement Services with a detailed explanation, including statutory citations and references to specific sections of the response, may result in the entire response being disclosed in accordance with Chapter 119 of the Florida Statutes.

2 Redacted Copy Requirement

If a Consultant asserts exemptions from public disclosure for any portion of its response, it must provide:

o A redacted copy of its proposal in an electronic format suitable for public disclosure.

o Only the portions exempt under applicable law should be redacted, with the exemption clearly identified.

https://www.cityftmyers.com/1511/Minority-Business-Enterprise-Program

3 City’s Judgment on Disclosure

The City reserves the right to exercise its own judgment regarding the disclosure of records. The City may take any actions it deems necessary, including filing a declaratory action, to comply with Federal or Florida public records laws.

4 Ownership of Submittals

All submittals received in response to this solicitation will become the property of the City of Fort Myers and will not be returned to the Consultant.

5.10. Submission Guidelines

Consultants are responsible for uploading their submittals directly into the OpenGov portal:

OpenGov Submission Portal

The authorized representative who binds the Consultant to the submittal must sign the qualification statement. A submittal is considered timely only if received through the OpenGov portal by the precise date and time specified in the solicitation timeline. The official time will be determined by the OpenGov portal's time clock. The portal will not accept submittals after the deadline.

Submission Requirements

1. Document Format:

o A single PDF document, signed by an authorized representative, must be submitted via the OpenGov portal.

2. Title Page – Introduction:

o Include the following:

▪ Name of the individual or firm

▪ Address

▪ Email address

▪ Telephone number

▪ Name of contact person

▪ Date

▪ Solicitation number and title

3. Table of Contents:

o Include page numbers and bookmark each section for easy navigation.

4. Letter of Transmittal:

o Limit: Two (2) pages.

o Content:

1. Briefly state the Consultant’s understanding of the services to be provided.

2. Make a positive commitment to perform the work.

3. Provide the names, titles, addresses, and telephone numbers of authorized representatives.

5. Mandatory Minimum Qualification Documentation:

o Provide documentation to verify compliance with the "Minimum Qualifications" section. Ensure all documentation is clear and specific.

6. Required Documents:

o Corporate Submissions:

▪ Must be signed in the corporate name by the President or Vice-President (or other authorized officer with evidence of signing authority).

▪ The corporate seal must be affixed and attested by the Secretary or Assistant

Secretary.

▪ Include the corporate address and state of incorporation.

o Partnership Submissions:

▪ Must be signed in the partnership name by a partner, with the title noted under the signature.

▪ Include the partnership’s official address.

7. Litigation History:

o Provide details of any current litigation or outstanding judgments involving the

Consultant.

5.11. Submittal Requirements

Except as provided under the Americans with Disabilities Act for individuals requiring special accommodations, all proposals for this solicitation must be submitted electronically. Submissions recieved by email, or hard copy will not be accepted under any circumstances and will be deemed non-responsive.

1. Instructions for Uploading Submissions

1 Submission Process:

o Log into your OpenGov account and navigate to the solicitation for which you wish to submit a response.

o Click on “Draft Response”, complete the required information, upload your submission along with all required attachments, and submit your response.

2 Responsibility for Timely Submission:

o Consultants are solely responsible for ensuring their submittals are complete, uploaded, and submitted via the e-Procurement Portal before the specified due date and time.

o The City is not responsible for any delays or failures in submission caused by any occurrence.

2. Binding Submissions

All submissions shall remain binding for a period of one hundred eighty (180) calendar days following the opening date.

3. Late Submissions

Late submissions will not be accepted under any circumstances. Consultants assume full responsibility for the timely upload of their responses.

5.12. Conformance to Solicitation

1. Compliance with Mandatory Requirements

All submissions must conform to the material and mandatory requirements outlined in this

Solicitation. However, the City reserves the right to waive irregularities at its discretion without prior notice or the issuance of a written addendum.

If a Consultant wishes to submit an Offer that would require the City to waive, alter, or omit a material or mandatory requirement, the Consultant must first submit a written request to the

City to amend the Solicitation. Such requests must follow the process outlined in the

“Interpretations and Addenda” section of this Solicitation.

If the City agrees, at its sole discretion, to amend, alter, or waive the requirement, the City will issue a written addendum to notify all prospective participants of the change.

2. Submitting Requests for Waivers or Amendments

Requests to waive, alter, or amend a mandatory requirement must be submitted as a written question that can be addressed in an addendum issued to all participants.

Important Note:

This process does not require participants to submit their complete Proposal prior to the due date. Instead, it is a mechanism for requesting a waiver or amendment to a mandatory requirement that is necessary to enable submission of the intended Proposal.

5.13. Modification and Withdrawal of Submissions

1. Modifying or Withdrawing Submissions

Submissions may be modified or withdrawn by Consultants through their account on OpenGov at any time before the opening of the Solicitations.

2. Withdrawal Due to Material Mistake

If, within twenty-four (24) hours after Submissions are opened, a Consultant files a duly signed written notice with the City and promptly demonstrates to the City’s reasonable satisfaction that a material and substantial mistake occurred in the preparation of its Submission, the Consultant may withdraw its Submission. In such cases the Consultant will thereafter be disqualified from further participation in the Work to be provided under the Contract.

5.14. Opening Submissions

Non-construction-related submittals will be opened privately. Results will be posted in accordance with Florida Statute 119.07(1) and Article I, Section 24(a) of the Florida

State Constitution.

5.15. Irrevocable Offer

By submitting a response to this Solicitation, the Consultant agrees that their submission constitutes an irrevocable offer to the City of Fort Myers after the opening date. This offer shall remain valid for a period of one hundred eighty (180) calendar days from the date of the opening. The Consultant agrees to provide the goods and services described in this Solicitation under the terms, and conditions outlined in their submission.

The City, at its sole discretion, reserves the right to release any submission from this commitment during the validity period.

5.16. Reserved Rights

1. Request for Additional Information:

The City reserves the right to request additional information from Consultants after the closing date. This may include, but is not limited to:

o Information necessary to evaluate, clarify, or substantiate any aspect of the submittal.

o Evidence of financial resources and the ability to provide and maintain the required system and/or services.

Additionally, the City may conduct investigations into the qualifications of any

Consultant, which may include background checks performed by the Fort Myers

Police Department.

2. Rejection of Submittals:

The City reserves the right to:

o Reject any and all Submissions.

o Waive any and all informalities.

o Negotiate contract terms with the Successful Consultant.

o Disregard nonconforming, non-responsive, unbalanced, or conditional submittals.

o Reject any submittal if it is determined that awarding to the Consultant is not in the

City’s best interest, including cases where:

▪ The Solicitation is not responsive.

▪ The Consultant is unqualified or has questionable financial ability.

▪ The Consultant fails to meet any other relevant standards or criteria established by the City.

5.17. Protest Procedure

The City’s protest policy and procedure are outlined in the City of Fort Myers Procurement

Policy, which can be accessed at the following link:

City of Fort Myers Procurement Policy (PDF)

For details, refer to Page 20, Item F of the policy document.

5.18. Form of Contract

The City’s intended format for the awarded Contract is included as an attachment for reference.

This draft Contract contains standard legal language and is not routinely modified. However:

• Any exceptions to the terms of this standard Contract must be clearly indicated in the

Consultant’s submittal.

• The Consultant acknowledges that exceptions may affect the evaluation of their submittal.

1. Formatting Adjustments:

The final executed Contract may differ in pagination or numbering from the draft provided.

2. City’s Right to Modify Contract Language:

The City reserves the right to revise or alter the language of the draft Contract after responses are received and prior to execution. Revisions may be made to address the specific requirements or circumstances of the solicitation.

5.19. Execution of Contract

The successful Consultant shall, within fifteen (15) calendar days after the issuance of a

Notice of Award and/or reciept of the Contract from the City's Procurement Services, sign and enter into a Contract with the City. Simultaneously, the Consultant must provide:

• Indemnities, and

• Updated insurance certificates as specified in the Solicitation.

https://www.cityftmyers.com/DocumentCenter/View/14396/City-of-Fort-Myers-Procurement-Policy-PDF

Failure to meet the established deadline for submitting the required documents may result in cancellation of the award at the City’s discretion.

5.20. Prohibition Against Considering Social, Political, or Ideological Interests

In accordance with Florida Statute Chapter 287.05701, an awarding body is prohibited from:

1. Requesting documentation of or considering a Consultant’s social, political, or ideological interests when determining whether the Consultant is responsible.

2. Giving preference to a Consultant based on their social, political, or ideological interests.

This ensures that all evaluations and awards are conducted solely on the basis of objective criteria and the best interests of the City.

5.21. Identification of Variances

The Consultant must clearly identify any variances from the Solicitation requirements, no matter how minor.

• Any exceptions to the scope of work must be specifically noted and thoroughly explained in the Consultant’s questionnaire.

• If no variances are identified in the submittal, the City will assume that:

1. The materials, equipment, or services offered fully comply with the Solicitation specifications.

2. The Consultant agrees to all terms and conditions outlined in the attached Draft

Contract.

Failure to disclose variances may result in the Consultant being held to the full compliance of the Solicitation requirements.

5.22. Cone of Silence

Consultants submitting a response to this Solicitation, or individuals acting on their behalf, are prohibited from contacting any employee, elected or appointed official or officer of the City concerning any aspect of this Solicitation from the time of its release until the end of the 72-hour period (excluding Saturdays, Sundays, and City recognized holidays) following the City’s posting of the notice of intended award.

Exceptions:

• Written communications directed to the Procurement Officer.

• As explicitly provided in the Solicitation documents.

Violation:

Failure to adhere to this provision may result in the rejection of the Consultant’s response in accordance with Section 287.057(25), Florida Statutes.

6. GENERAL CONDITIONS

6.1. Acceptance of Services

The City will deem to have accepted the Services after approval by the Department stating that the Services are completed, in accordance with solicitation specifications. Any resulting documentation from the Services completed under this Agreement shall remain the property of the Consultant until the City accepts such Services. In the event the Services furnished under this Agreement are found to be defective or does not conform to the requirements, the City reserves the right to cancel the Agreement upon written notice to the Consultant.

6.2. Additional Services

Should the City request the Consultant to provide and perform services which are not set forth in the PROJECT DETAILS, the Consultant agrees to provide and perform such Additional

Services as may be agreed to in writing by both parties.

Additional Services shall be administered and executed as "Change Order(s)" to the purchase order. The Consultant shall not provide or perform, nor shall the City incur or accept any obligation to compensate the Consultant for any Additional Services, unless a Change Order or revised purchase order is received by the Consultant.

6.3. Antitrust

By entering a contract, the Consultant conveys, sells, assigns, and transfers to the City of all rights, titles, and interest it may now have or hereafter acquire under the antitrust laws of the

United States and the State of Florida that relate to the services purchased or acquired by the

City under said contract.

6.4. Assignment, Transfer and Subcontracts

The Consultant shall not assign or transfer any of its rights, benefits, or obligations, except for transfers that result from: (1) the merger or consolidation of Consultant with a third party; or (2) the disestablishment of the Consultant(s) professional practice and the establishment of the successor Consultant. Nor shall the Consultant sub-contract any of its service obligations hereunder to third parties without prior written approval of the City. The Consultant shall have the right, subject to the City’s prior written approval, to employ other persons and/or firms to serve as sub-consultants to Consultant in connection with the Consultant performing services and

Services pursuant to the requirements of this Agreement. The Consultant must notify the City

Procurement Services Division of any change, complete a new vendor registration form, provide an updated W-9, provide an updated certificate of insurance, and provide written notification of such change on official company letterhead.

6.5. Auditing Records Rights

The City shall be entitled to audit the books and records of a Consultant or any sub-consultants to the extent that such books and records relate to the performance of the contract or any subcontract. The Consultant and its sub-consultants shall retain and maintain financial records and other records relating to the contract for a period of five (5) years from the date of final payment under the contract and by the sub-consultants for a period of five (5) years from the date of final payment under the subcontract or such longer period as may be required by law, whichever is later, pursuant to Florida Public Records Law Chapter 119.