Brick_Paver_Maintenance_and_New_Installation_(Addendum_#2_Revision).pdf

25-016-RFP

Brick Paver Maintenance and New Installation

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

Brick Paver Maintenance and New Installation, 25-016-RFP

TABLE OF CONTENTS

I. INTRODUCTION

II. PROJECT DETAILS / SCOPE OF WORK

III. EVALUATION CRITERIA

IV. INSTRUCTIONS TO CONSULTANTS/CONTRACTOR

V. GENERAL CONDITIONS

VI. GENERAL CONDITIONS-PAYMENT

VII. LOCAL PREFERENCE

VIII. MINORITY BUSINESS ENTERPRISE PROGRAM

IX. INSURANCE

X. DEFINITIONS

XI. VENDOR SUBMISSION QUESTIONNAIRE

XII. DRAFT CONTRACT (SERVICE, NON-CCNA)

XIII. SCHEDULE OF VALUES

1. INTRODUCTION

1.1. Summary

The City of Fort Myers (City) requests submittals from interested and qualified

Consultant/Contractors to provide Brick Paver Maintenance and New Installation.

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%.

The City is situated between Tampa and Miami along scenic U.S. Highway 41, also known as

Tamiami Trail. Recent accolades for the City of Fort Myers include top ranking for best places to live, to retire, and to start a new business, safest cities in America, #4 college town in

Florida, and most recently the 3rd fastest growing place by U.S News and World Report.

The City of Fort Myers is committed to providing exceptional municipal services to residents, businesses and visitors in a fiscally responsible manner while preserving the City’s rich history, diverse culture, and charming lifestyle.

1.3. OpenGov Portal

The Urban 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. Proposers are strongly encouraged to read the various vendor 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 will not be responsible for an Offeror’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

Cathy Scott, Senior Procurement Specialist

2200 Second Street

Fort Myers, FL 33901

Email: cscott@cityftmyers.com

Phone: 239-321-7235

Requesting Department:

Public Works Streets

1.5. Pre-Solicitation Conference

The purpose of a Pre-Solicitation Conference is to review and discuss the solicitation (and any addenda) as published. A representative from Procurement Services and a representative from the user department will be present to discuss the solicitation. The date, time, and location can be found in the timeline.

2. PROJECT DETAILS / SCOPE OF WORK

2.1. Important Instructions for Electronic Submittal

The City of Fort Myers is accepting electronic submissions. Consultants/Contractors must 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.

2.2. Minimum Qualifications of Respondents

1. The Consultant/Contractor(s) shall hold any necessary license’s authorizing them to do business in the State of Florida.

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

3. Neither Consultant/Contractor(s) 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. Consultant/Contractor(s) are required to inform the City of any relevant legal or ethical issues. Specifically, they need to disclose:

• Judgments: Any current or pending court decisions against the Consultant/Contractor.

• Pending Lawsuits: Any legal actions against the Consultant/Contractor that are currently underway.

• Criminal Activities: Any criminal conduct of the Consultant/Contractor or primaries, especially if it involves moral turpitude (actions that are morally reprehensible).

Consultant/Contractor will be provided an opportunity to supply additional information regarding these issues if applicable.

https://procurement.opengov.com/signup

To demonstrate qualifications to perform the Work, each Consultant/Contractor must submit written evidence, such as financial data, previous experience, present commitments, and other such data. Each Submission must contain evidence of the Consultant/Contractor’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.

2.3. Scope of Work

Downtown Fort Myers Brick Paver Maintenance and Repair

1. Contractor shall coordinate with City Project Manager regarding Project specific locations and work schedule. Work shall be scheduled around special events and weather as necessary. Due to traffic concerns some streets will require night work.

Additionally, the City must consider the Contractor's projected project commencement and completion date and the Contractor's availability to complete time sensitive projects.

2. Area of work shall generally include all downtown street paver and sidewalk repair areas between Edwards Dr. and Dr. Martin Luther King Jr. Blvd., and between

Fowler St. and Monroe St. However, other work locations outside these boundaries may be included at the direction of the City.

3. Each roadway repair location shall be closed for no more than 24 hours. Partial road closures may be allowed at the discretion of the City. The City will provide and install traffic control devices, including signs and barricades, as part of the Maintenance of

Traffic (MOT) requirements. Contractor shall provide MOT plan for review and approval by the City.

4. Prior to commencing with work, each roadway repair location (excluding Project cleaning and sanding areas) shall be walked by the Contractor and City Project

Manager to confirm all required work areas have been included in the Project scope of work.

5. Work shall generally include pressure washing all Project specific locations, including repairing and/or straightening loose pavers as may be required. Broken original pavers shall be replaced using city stock; newer pavers shall be furnished by the contractor in accordance with project specification requirements. Sunken or raised areas shall be regraded, recompacted to 98% max. density per ASTM D1557 and reinstalled over paver base or lime rock road base and 1” of concrete setting sand.

Contractor shall provide all required fill or haul off any excess fill or debris, as necessary. Newly installed polymeric sand between joints shall be appropriate for the joint width and properly compacted after installation with a vibratory paver roller or other means appropriate for the installation.

6. Contractor shall utilize a City approved hydrant meter for monitoring water that will be used for the Project.

7. The entire Project area shall be cleaned upon Project completion.

New Paver Installation (Roadways) – Reference City of Fort Myers Typical Sections

(Details), September 2004, Sheet C8.0

1. Area shall be cleared and excavated down to 12”. Remove all roots or other objects in the roadway section.

2. All roadway construction shall conform to City of Fort Myers Design standards.

3. Existing subgrade (12" minimum, LBR 40) shall be compacted to 98% maximum density per ASTM D1557 and stabilized.

4. A new lime rock road base (LBR 100) matching the existing thickness plus 1 inch (8" minimum for existing roadways) shall be installed and compacted to 98% maximum density per ASTM D1557.

5. Install concrete setting sand (1" thick), followed by brick pavers (minimum thickness of 3 1/8"). Polymeric sand shall be applied between the joints, and the surface must be compacted and cleaned. The polymeric sand used must be suitable for the joint width and properly compacted using a vibratory paver roller or another appropriate method.

6. The contractor shall provide a hydrant meter for water used during the project.

7. The entire area must be thoroughly cleaned upon completion.

New Paver Installation (Sidewalks) – Reference City of Fort Myers Typical Sections

(Details), September 2004, Sheet C8.0

1. The area shall be cleared and excavated to a depth of 10 inches. All roots and obstructions within the sidewalk section must be removed.

2. The existing subgrade must be compacted to 95% maximum density per ASTM

D1557.

3. For sidewalk areas within driveways, residential sections require 6" of lime rock road base (LBR 100), while commercial/industrial sections require 8". These shall be placed over compacted subgrade and set on a 6" thick reinforced concrete sub-slab, as per City of Fort Myers standard details T-3 /T-4.

4. Paver crosswalks within roadways shall be constructed over compacted subgrade and base, in accordance with City roadway standards, and set on a 6" thick reinforced concrete sub-slab as per City of Fort Myers standards for downtown brick pavers.

5. Install paver base or lime rock road base (6” thick), concrete setting sand (1” thick), new pavers (2 3/8” min. thick.), polymeric sand between joints, compact and clean.

Newly installed polymeric sand shall be appropriate for the joint width and properly compacted after installation with a vibratory paver roller or other means appropriate for the installation.

a. Areas of sidewalk in driveway areas shall receive 6” (residential) or 8”

(commercial/industrial) of lime rock road base (LBR 100) over compacted subgrade and set on 6” thick. Reinforced concrete subs lab per City of Fort Myers

Std. details T-3 /T-4 & City of Fort Myers Std. details for downtown brick pavers.

b. Paver crosswalks in roadways shall be constructed over compacted subgrade and base per City roadway standards and set on 6” thick. reinforced concrete sub slab per City of Fort Myers Std. details for downtown brick pavers.

F. The contractor shall provide a hydrant meter for water used during the project.

G. The entire area must be thoroughly cleaned upon completion.

Specification for Contractor Qualifications in Historical Paver Projects

A. Required Expertise

Contractors must demonstrate expertise with both historical and modern pavers, including knowledge of restoration and preservation techniques for historical materials.

Contractor should demonstrate an ability for preservation of original materials and aesthetic integrity in both historical and modern paver projects.

B. Experience Documentation

Contractors must submit proof of past work with historical and modern pavers, including case studies or examples of relevant projects that outline challenges and solutions.

Contractors must also submit proof of past work with historical and modern pavers in diverse settings such as pedestrian parks, patios, roads, and sidewalks.

C. References Contractors must provide references or project portfolios in working on projects of both historical and modern paver installations, with contact details for verification.

PAYMENT AND PERFORMANCE BONDS

Certain projects may require performance and payment bonds, which will be determined on a case-by-case basis. The request for bonds will be included in the quote request for each individual job, as needed.

3. EVALUATION CRITERIA

1. Qualifications of Consultant/Contractor

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

Consultant/Contractor's 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 respondent complies with the instructions for submitting proposals including completeness of proposal which encompasses the inclusion of all required attachments and submissions. Late proposals will not be accepted. Failure to meet other requirements may result in rejection.

3. Responsibility

The City will determine whether the consultant/contractor 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: excessively high or low priced proposals, past performance, references (including those found outside the proposal), compliance with applicable laws, Consultant/Contractor's record of performance and integrity – e.g. has the consultant/contractor been delinquent or unfaithful to any contract with the City, whether the consultant/contractor is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A consultant/contractor 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/contractor’s facilities, equipment, and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection.

4. Best and Final Offers

The City may request best & final offers and will determine the scope and subject of any best & final request. The Consultant/Contractor should not expect that the City will ask for best & finals, but should submit their best offer based on the terms and conditions set forth in this Solicitation.

5. Advisory Committee and Evaluation Process

5.1. Initial Review of Responses

Procurement Services will perform an 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.

5.2. Selection Committee

A Selection Committee (hereinafter referred to as “the Committee”) consisting of at least three (3) voting members will be established to review, discuss, and evaluate all responsive

Proposals submitted in response to this RFP/RSQ. The Committee may utilize City staff, other subject matter experts, and/or consultants as non-voting members to advise and assist the Committee in its review of the Proposals.

5.3. Preliminary Evaluation; Short Listing

Each Selection Committee member will individually evaluate the proposals 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. The individual criteria scores will then be added to determine the total score. The maximum possible total score from the Committee is one hundred (100), before the MBE and/or Local Preference is added, if applicable. The Committee may elect to short list two or more Consultant/Contractors using the evaluation criteria set forth in this solicitation to invite for presentations, discussions or interviews.

5.4. Presentations

The Committee reserves the right to request presentations, discussion or interviews with any or all responsive and responsible Consultant/Contractors. Presentations, discussions or 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 Consultant/Contractor in connection with such interviews, presentations, or discussions (i.e., travel, accommodations, etc.).

5.5. Award Without Presentations

The City may evaluate and award a Contract based on responses to this Request for

Proposals without discussions, interviews or presentations. Therefore, each response to this solicitation should contain the Consultant/Contractor's best terms and conditions for consideration.

5.6. Presentation Scoring and Final Ranking

The Committee will evaluate and rank the responsive Consultant/Contractor deemed acceptable to be selected (or the short-listed Consultant/Contractor, as applicable) as set forth in the preceding section entitled “Evaluation Criteria”. In the event that the Committee previously elected to short list Consultant/Contractor, any rankings or scores assigned as part of the short-listing process shall not be binding on the Committee or its members as part of final evaluation and Committee members may modify their scores for any and all

Consultant/Contractor and scoring categories as they deem appropriate in their sole discretion. Upon completion of the Presentations, Discussions or Interviews the Committee shall submit their scoring to the Procurement Manager or designee. Upon announcement of the ranking by the Procurement Manager or designee, and vote of the committee, a notice of intended action shall be posted.

5.7. Tiebreaker

Step 1: the Consultant/Contractor having a drug-free workplace program, in accordance with Florida Statute Section 287.087, FL §, shall be deemed the first ranked proposerConsultant/Contractor.

Step 2: The local Consultant/Contractor shall be deemed the highest ranked proposerConsultant/Contractor over a non-local proposerConsultant/Contractor.

Local shall be defined by the City of Fort Myers Ordinances Section 38-71 or current revision thereof.

Step 3: The Consultant/Contractor that has the highest number of 1st place rankings shall be deemed the first ranked proposerConsultant/Contractor. In the event a tie still exists the Consultant/Contractor with the highest number of 2nd, place rankings shall be the first ranked Consultant/Contractor. Should a tie remain the method used above will continue with each ranking level, 3rd, then 4th, then 5th rank, will be counted until the tie is broken.

Step 4: At the conclusion of steps 1, 2, 3, if all are equal, the 1st place proposerConsultant/Contractor shall be determined by the flip of a coin.

For non-City funded procurements, if steps that are not permitted by law are hereby removed.

When the tiebreaker is determined the highest ranked Consultant/Contractor shall be recommended to City Council to negotiate, and award as applicable.

5.8. Authority to Award

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

Ordinance and Policy.

5.9. Reserved Right

The City, at its sole and absolute discretion, reserves the right to reject any and all, or parts of any and all submissions, to readvertise this solicitation, postpone or cancel, at any time, this solicitation process, or to waive minor irregularities and informalities in this solicitation or in the submissions 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 request that the Consultant/Contractor provide additional information as deemed necessary to evaluate, clarify, or substantiate any area contained in the submission. This includes information which indicates financial resources as well as ability to provide and maintain the system and/or services. Moreover, the City reserves the right to make investigations of the qualifications of the Consultant/Contractor as it deems appropriate, including but not be limited to, a background investigation conducted by the

Fort Myers Police Department.

6. Contract Negotiations and Acceptance

Consultant/Contractor must be prepared for the City to accept the Submittal as presented. If

Consultant/Contractor 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/Contractor. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the

Consultant/Contractor and the City until the City executes a written contract or purchase order.

No. Evaluation Criteria Scoring Method Weight (Points)

1. Experience of the Firm and

Qualifications of Assigned Personnel

• Experience and capabilities to perform the scope of work;

• Demonstrate experience and competency in historical paver restoration.

• Ability to successfully complete projects using both historical and modern materials.

• Provide 2 examples of completed projects with similar scope. Preference will be given the public agency work.

Points Based 45 (38.1% of Total)

2. Approach to the Project/Design

• How your firm intends to approach the scope of services, including a comprehensive representation, demonstrating an understanding and a commitment of how your firm intends to implement and fulfill the requirements of the scope of services.

• How your firm will balance staffing needs for this project.

• Describe unique abilities, innovative approaches, and/or special considerations

Points Based 35 (29.7% of Total)

3. Pricing

See schedule of values for pricing material

Points Based 20 (16.9% of Total)

4. Compliance with Minority Business

Enterprise Ordinance (if City funded only, procurement will score)

• Certified Minority

Business by the State of

Florida Office of Supplier

Diversity, located within

Lee County and registered with the City.

(13) or

• Shows Proof

Consultant/Contractor applied for status and are awaiting confirmation (8)

• Partnering with a minimum of two Minority Businesses certified by the State, located within Lee

County and registered with the

City (5)

Points Based 13 (11% of Total)

5. Local Vendor Preference (if City funded only, procurement will score)

• 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)

4. INSTRUCTIONS TO CONSULTANTS/CONTRACTOR

PROCUREMENT INFORMATION

Procurement Services is the official source to obtain information relating to City of Fort Myers solicitations. It is incumbent on the Consultant/Contractor(s) to obtain solicitation and current award information prior to and after the scheduled opening date of a Solicitation. Information is updated as it becomes available. An award, or recommendation of award, may be made at any time after the scheduled opening date.

APPLICABLE LAW AND APPEALS

This Solicitation is issued in accordance with and shall be governed by the provisions and procedures of Chapter 38, Article III and Article IV of the City of Fort Myers’s Code of Ordinances which may be accessed online at:

https://library.municode.com/fl/fort_myers/codes/code_of_ordinances?nodeId=SPAADCO_CH38

FI_ARTIIIPU

or by contacting Procurement Services. Any appeal relating to this solicitation must be filed in accordance with the requirements of the City.

AMERICANS WITH DISABILITIES ACT

Persons with disabilities needing a special accommodation to participate in this proceeding should contact Procurement Services, at 2200 Second Street, Fort Myers, FL

33901, cfmpurchasing@cityftmyers.com or 239 321-7240, no less than seven (7) days prior to the date on which the accommodation is requested.

The portal will keep all files locked until the solicitation officially closes. The time clock in OpenGov shall be the “Official Time” that shall be used in identifying the actual closing time. Submittals will not be accepted after the date and time specified. Electronic submissions are the responsibility of the Consultant/Contractor ). The City will not be responsible for the distribution of addenda and/or other information regarding this request if the

Consultant/Contractor(s) did not register in the City’s Bid Portal, in OpenGov. All addenda will be provided via OpenGov.

https://library.municode.com/fl/fort_myers/codes/code_of_ordinances?nodeId=SPAADCO_CH38FI_ARTIIIPU https://library.municode.com/fl/fort_myers/codes/code_of_ordinances?nodeId=SPAADCO_CH38FI_ARTIIIPU mailto:cfmpurchasing@cityftmyers.com

4.1. Introduction

To be entitled for consideration, electronic submittals shall be submitted in accordance with the instructions of this solicitation within the time stated. The portal will keep all files locked until the Solicitation closes.

The City reserves the right to accept or reject any or all submittals and to waive minor irregularities and technicalities. The City’s decision in such matters is final.

4.2. Solicitation Documents

Visit the City of Fort Myers Procurement Services Website https://www.cityftmyers.com/1171/Procurement-Services, follow the link to

Active Solicitations to obtain solicitation information. Correct registration information is the responsibility of the Bidder/Proposer(s). The City will not be responsible for incorrect contact information.

1. Solicitation documents must be used in preparing submittals; the City does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete

Solicitation Documents.

2. The City provides solicitation documents for the purpose of obtaining submissions.

3. The City reserves the right to cancel any solicitation at any time.

4.3. Examination of Solicitation Documents

It is the responsibility of each Consultant/Contractor(s), before submitting an offer to:

1. Download solicitation documents from OpenGov. Documents from other sources are not guaranteed to be accurate.

2. Examine the Documents thoroughly; it is the Consultant/Contractor (s) responsibility to understand the requirements and to request additional information (via questions in

OpenGov) if needed.

3. Consider Federal, State, and Local Laws, ordinances, codes, and Regulations that may affect cost, progress, performance or furnishing of the Work.

4. Study and carefully correlate Consultant/Contractor(s) observations with the

Documents, and

5. Notify the City of all conflicts, errors, or discrepancies in the Documents by submitting a question through the E-Procurement Question and Answer Module. Responses to document format or process related questions will be released within 2 business days of receipt or the solicitation will be placed on hold. The 2-day window does not apply to project specific questions that project managers or Bidder/Proposer(s) will need to respond to.

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

6. The Draft Contract that the City intends to use for the award is included with this solicitation for reference. While this draft Contract contains standard legal language and is not routinely modified, except for formatting and enumeration, any exceptions to this standard Contract should be in the form of a question in the Q&A module or if question deadline expires, should be clearly indicated in the Consultant/Contractor(s) questionnaire and Consultant/Contractor(s) understands that such exceptions may affect the evaluation of the submittal. Modification or alteration of this Contract shall only be valid if mutually agreed to in writing by the parties.

6.1. The City reserves the right to make minor modifications to this contract for specific solicitations, prior to execution of the contract.

4.4. Interpretations and Addenda

1. All questions about the meaning or intent of the solicitation document are to be submitted through the OpenGov Portal. Only questions received prior to the date and time specified in the timeline will be considered. Only questions answered in writing by addenda or answers to questions will be binding. Oral and other interpretations or clarifications will be without legal effect. Any addenda issued electronically during the time of solicitation shall be included in the solicitation, and each will be incorporated in the subsequent contract.

2. All answers to questions of substance will be publicly published. Responses relating to conflicts, errors, or discrepancies will be released within 2 business days of receipt or the solicitation will be put on hold. The 2-day window does not apply to project specific questions that project managers or Bidder/Proposer(s) will need to respond to.

3. Revisions within the solicitation as well questions posed through the “Questions &

Answer” feature are authoritative and shall be considered an addendum to the solicitation. All information in this Solicitation, including that provided through the

'Question and Answer' feature is incorporated into the Solicitation or any Contract resulting from this Solicitation. Participants are required to review all addenda, revisions, and answers to questions published. No oral interpretations will be made to

Bidder/Proposer(s) as to the meaning of submittal documents. Requests for such interpretations are to be submitted through the OpenGov Portal. Failure on the part of the Bidder/Proposer(s) to do so shall not relieve them of the obligation to execute such work in accordance with the latest interpretation by the City. All interpretations made to the Bidder/Proposer(s) shall be made in the form of addenda to the submittal documents and posted to OpenGov. Bidder/Proposer(s) are strongly urged to attend the pre-submittal meeting.

4. Addenda may also be issued to modify the Solicitation Documents as required by the

City.

4.5. Omission from the Solicitation

The apparent silence of any addendum regarding any details or the omission from the

Solicitation of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of this Solicitation shall be made upon the basis of this Contract.

4.6. Procurement Ordinance and Policy

The City’s Procurement Ordinance and Policy is incorporated into this solicitation (and, therefore, any contract awarded as the result of this solicitation) by reference. By participation in this solicitation a Consultant/Contractor(s) agrees to be bound by the City Procurement

Ordinance and Policy in any issue or action related to this solicitation or subsequent contract resulting from this solicitation.

4.7. Submittal Preparation

1. Preparation

Prepare your response in a clear and concise manner. Ensure that the content of your submittal is complete. Special attention should be given to the specific information, instructions and requirements of the Solicitation document to ensure responsiveness.

Responses that are incomplete or lack key information may be rejected. To help facilitate the review process, properly label each section or tab to correspond with your submittal information.

2. Incurred Expenses

The City is not responsible for any expenses which Consultant/Contractor (s) may incur in preparing and submitting Proposals including presentations or any other expenses incurred by the Consultant/Contractor(s).

3. Proprietary Information

3.1. In accordance with Chapter 119 of the Florida Statutes (Public Records Law), and except as may be provided by other applicable State and Federal Law, all

Consultant/Contractor(s) should be aware the Solicitation and the responses are in the public domain, see F.S. 119.071 (1)(b)2. Consultant/Contractor(s) are requested to identify specifically any information contained in their Proposals which they consider confidential and/or proprietary and which they believe to be exempt from disclosure to the public under applicable law, citing specifically the applicable exempting law; provided, however, that nothing shall be deemed to preclude the full disclosure without redaction of any and all information submitted by

Consultant/Contractor(s) to Committee members, advisors to the Committee, and

City staff and officials administering this solicitation and evaluating the proposals. A generic notation that information is “confidential” is not sufficient. Failure to provide

Procurement Services with a detailed explanation and justification including statutory cites and specific reference to your response detailing what provisions, if https://www.flsenate.gov/Laws/Statutes/2021/0119.071 any, you believe are exempt from disclosure, may result in your entire response being subject to disclosure in accordance with Chapter 119 of the Florida Statutes.

3.2. In addition to the response submitted, a Bidder/Proposer(s) asserting any exemptions from public disclosure regarding any portions of its response shall also provide a redacted copy of its Proposal in electronic format suitable for public disclosure, redacting only such portions of its proposal as exempt from disclosure under an applicable law.

3.3. By submitting a response, a Consultant/Contractor(s) acknowledges and agrees that should it designate any materials submitted to the City as confidential or exempt from public disclosure, the Bidder/Proposer(s) will upon the request of

City (at the City’s discretion) defend the City (and its employees, Committee members and advisors, agents, and elected or appointed officials) against all claims and actions (whether or not a lawsuit is commenced) related to the

Consultant/Contractor(s) designation of material as confidential or exempt from public disclosure. A Consultant/Contractor(s) shall indemnify and hold harmless the

City (and its employees, Committee members and advisors, agents and elected or appointed officials) from any and all claims, actions, suits, judgements, fines, costs, fees (including attorneys' fees), related to the Consultant/Contractor (s) designation of material as confidential or exempt from public disclosure.

3.4. Nothing herein shall be deemed to preclude the City from exercising its own judgment regarding the disclosure of records and the City may take any action that the City in good faith believes is necessary for City to comply with federal and/or

Florida public records laws, including but not limited to filing a declaratory action.

3.5. All submittals received from Consultant/Contractor(s) in response to this

Solicitation will become the property of the City of Fort Myers and will not be returned.

4.8. Submission Requirements (RFP/RSQ)

Consultant/Contractor(s) are responsible for uploading submittals directly into

OpenGov.

Submit statements through the OpenGov portal at:

https://procurement.opengov.com/portal/cityftmyers. The representative who is authorized, to bind theConsultant/Contractor to the submittal shall sign the qualification statement.

A submittal is timely only if received through the OpenGov portal no later than the precise date and time stated on the timeline. The official time used to determine such a time, will be the time clock on the OpenGov portal. The portal will not accept submittals after the date and time set for closing.

1. A single PDF formatted document signed by an authorized representative must be submitted via the OpenGov portal:

2. Title Page – Introduction

Provide the name of the individual or firm, address, e-mail address, telephone number, name of contact person, date, and the subject: Solicitation Number and Title

3. Table of contents including page numbers, bookmarked by section.

4. Letter of Transmittal

4.1. Limit to two (2) pages.

4.2. Briefly state the Consultant/Contractor (s) understanding of the services to be provided and make a positive commitment to perform the work.

4.3. Provide the names of anyone who is authorized to represent the

Consultant/Contractor(s), their titles, addresses and telephone numbers.

5. Mandatory Minimum Qualification Documentation

Provide documentation as necessary for the City to verify that the mandatory minimum qualifications in section titled "Minimum Qualifications," have been met.

Documentation must be clear and specific.

6. Required Documents – (see Vendor Submission section)

6.1. Consultant/Contractor(s) by corporation must be executed in the corporate name by the President or Vice-President (or other corporate officer accompanied by evidence of authority to sign), and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature.

6.2. Consultant/Contractor(s) by partnerships must be executed in the partnership name and signed by a partner whose title must appear under the signature and the official address of the partnership must be shown below the signature.

7. Litigation History

The Consultant/Contractor(s) shall describe whether Consultant/Contractor(s) is involved in any current litigation and/or whether they have any outstanding judgments pending against Consultant/Contractor(s).

8. Electronic Pricing Form Instructions

Procurement Services has implemented an electronic e-procurement platform to streamline the solicitation process. All responsive Consultant/Contractor(s) to this solicitation must submit electronic submittals/responses through OpenGov. Paper responses will be deemed non-responsive.

8.1. PRICING INSTRUCTIONS (if applicable)

8.1.1. Once you have logged into your OpenGov account, go to the solicitation in which you want to bid/participate on. Then click on “Draft Response,” complete the information requested, upload your bid/quote/submittal, along with all required attachments, and submit.

8.1.2. Unit prices for each item bid shall be shown (if applicable). A total shall be entered in the amount column for each item bid. In case of discrepancy between a unit price and extended price, the unit prices will prevail.

8.1.3. Although the City generally awards bids based on a "lump sum" basis to the responsive and responsible Bidder submitting the lowest total bid, the City may choose to award on a "per group" or "per item" basis. Therefore, Bidders must submit with their bids, all pricing pages on the forms provided clearly indicating which items are bid and which are not. Failure to submit these pages may render such bids non-responsive.

8.1.4. No additional charges, other than those listed on the price sheets, shall be made. Prices quoted will include verification/coordination of order, all costs for shipping, delivery to all sites, unpacking, setup, installation, operation, testing, cleanup, training and travel charges.

4.9. Uploading Submittal

Except as provided in the "Americans with Disabilities Act," for people needing special accommodations, to be responsive proposals for this solicitation must be submitted electronically. Paper responses will be deemed non-responsive.

1. Instructions for uploading a Submissions

1.1. Once you have logged into your OpenGov account, go to the solicitation in which you want to bid/participate on. Then click on “Draft Response,” complete the information requested, upload your submission, along with all required attachments, and submit.

1.2. Consultant/Contractor (s) are solely responsible for ensuring that their submittals are complete, uploaded and submitted in the e-Procurement Portal by the due date and time. The City will not be responsible for any submission delays or failures caused by any occurrence.

2. Binding Submissions

All submissions submitted shall be binding for one hundred eighty (180) calendar days following opening.

3. Late Submissions

Late Submissions will not be accepted. Consultant/Contractor(s) assume full responsibility for timely upload of their response.

4.10. Conformance to Solicitation

1. All submissions shall meet and conform to all material, mandatory requirements set forth in this Solicitation, provided that nothing shall be deemed to limit the City’s ability to waive minor irregularities without notice or the need to issue a written addendum.

If a Consultant/Contractor(s) desires to submit an Offer which, if selected by the City, would require the City to waive, alter or omit a material, mandatory requirement set forth in this Solicitation, the Consultant/Contractor(s) must first submit a request to the City asking the City to amend the requirements of this Solicitation in the same manner provided for the submission of written questions by Consultant/Contractor(s) provided in the section of this Solicitation entitled “Interpretations and Addenda.” If the City, in its discretion, agrees to amend, alter, or waive the requirement, the City shall issue notice to all prospective participants of the change in the form of a written addendum.

2. Any request to waive, alter, or amend a mandatory requirement of the Solicitation should be in the form of a written question that can be answered in an Addendum issued to all participants. Please note, the City is not asking the participant to send in their submission prior to the due date, but merely to request a waiver or amendment to a mandatory requirement necessary to allow submission of the intended Proposal.

4.11. Modification and Withdrawal of Submissions

1. Submissions may be modified or withdrawn by through the Consultant/Contractor(s) account on OpenGov any time prior to the opening of Solicitations.

2. If, within twenty-four hours after Submissions are opened, any

Consultant/Contractor(s) files a duly signed written notice with City and promptly thereafter demonstrates to the reasonable satisfaction of City that there was a material and substantial mistake in the preparation of its Submission, that Consultant/Contractor

(s) may withdraw its Submission, and the Submission security will be returned. Thereafter, that Consultant/Contractor(s) will be disqualified from further submitting on the Work to be provided under the Contract.

4.12. Closing Date & Time

It is the Consultant/Contractor(s) responsibility to ensure that submissions are electronically uploaded before the date and time described herein. Offers by telephone, email or hardcopy will NOT be accepted.

4.13. Opening Solicitations

Construction related submittals will be publicly opened and announced by Procurement Services on the due date and time as specified herein. The Consultant/Contractor(s) name and verification of bond submittal, if applicable, will be publicly announced aloud at the opening.

1. Instructions to join the solicitation opening virtual meeting:

1.1. Select a method to join

1.2. Join the virtual meeting.

1.3. See Introduction Section for the Location and/or link to the virtual Proposal

Opening.

Note: Sessions may be recorded. Please turn your camera off and mute your microphone before joining the meeting.

2. An opportunity to speak will be provided to all in attendance during the meeting. You will be called by the name, email or phone number listed. When called, unmute your device and state your name and address for the record.

All non-construction related submittals will be opened privately and results posted in accordance with F.S.119.07(1) and s. 24(a), Art. I of the State Constitution.

4.14. Irrevocable Offer

This submission shall constitute an irrevocable offer to the City by the Consultant/Contractor(s) for a period of one hundred eighty (180) days from the date of opening to provide the goods and services set forth in this solicitation upon the terms, conditions, and provisions of this solicitation, at the pricing set forth in the submission, but City may in its sole discretion, release any Submission.

4.15. Evaluation of Submittals (RFP/RSQ)

1. Initial Review of Submissions: Procurement Services will perform an initial review of all submissions for preliminary qualification and documentation compliance. This review process may include, but is not limited to, proper question answer verification, professional licensing, and other relevant criteria.

2. Procurement staff will send an overview to the Selection Committee for further analysis of scope requirements and price analysis, if price is a factor.

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

Consultant/Contractor(s) prior to making an award.

4. City may conduct such research as City deems necessary to assist in the evaluation of any Submission and to establish the responsibility, qualifications and financial ability of Consultant/Contractor(s), proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the

Contract Documents to City’s satisfaction within the prescribed time.

5. Consultant/Contractor(s) will be evaluated by a selection committee of individuals appointed pursuant to the City’s policies and procedures (“Committee”) at a public meeting. The Committee will individually review and evaluate the submittals.

Following evaluation, the Committee will rank the short-listed

Consultant/Contractor(s) as set forth in the Evaluation Criteria section, the Evaluation

Criteria for Short-listing.

https://www.flsenate.gov/Laws/Statutes/2021/119.07

6. After this evaluation process, at the discretion of the Committee, Consultant/Contractor(s) may be asked to make presentations or attend interviews with the Committee. Further written documentation may be required prior to the presentation/interviews, or as a result of the presentation/interviews. Failure to promptly supply information in connection with such inquiry, including but not limited to information regarding past performance, financial stability, and ability to perform on schedule, may be grounds for determination of non-responsiveness with respect to the Qualification or Proposal Statement. During the presentation/interview, the Consultant/Contractor(s) shall demonstrate their understanding of the project’s scope of work and shall discuss its approach to successfully completing the project.

7. Following the interviews, the Committee will rank the short-listed

Consultant/Contractor(s) as set forth in the Evaluation Criteria section, the

Evaluation Criteria for Final Ranking, and submit this information for City Council approval. Following and subject to City Council’s approval, the Department Director or designee will enter into negotiations with the top-ranked

Consultant/Contractor(s) with the intention of entering into a contract. If negotiations with the top-ranked Consultant/Contractor(s) are unsuccessful, then negotiations with this Consultant/Contractor(s) will be terminated and negotiations will begin with the next successively ranked Consultant/Contractor(s) until a successful contract is negotiated or the solicitation is terminated. Once a contract is negotiated, the Mayor and City Manager will execute the contract.

4.16. Reserved Rights

1. The City has the right to request additional information, after the closing date, from the Consultant/Contractor(s) including but not limited to, information it deems necessary to evaluate, clarify, or substantiate any area contained in each submittal and to more fully 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. Moreover, the City reserves the right to make investigations of the qualifications of any

Consultant/Contractor(s) as it deems appropriate, including but not limited to, a background investigation conducted by the Fort Myers Police Department.

2. City reserves the right to make award(s) by individual items, group of items, all or none, or a combination thereof, with one or more suppliers; to reject any or all submittals or waive any informality or technicality in submittals received.

3. City reserves the right to reject any and all Solicitations, to waive any and all informalities and to negotiate contract terms with the Successful

Consultant/Contractor(s), and the right to disregard all nonconforming, non-responsive, unbalanced or conditional responses. Also, City reserves the right to reject the submission of any Consultant/Contractor(s) if City believes that it would not be in the best interest of the City to make an award to that Consultant/Contractor(s), whether the

Solicitation is not responsive, or the Consultant/Contractor(s) is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by

City.

4.17. Protest Procedure

The City's protest policy and procedure can be found under the following link:

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

Policy-PDF (Procurement Policy, page 20, item F)

4.18. Award of Contract

1. Purchase Order

The Purchase Order (PO) provided by the City, to the selected

Consultant/Contractor(s) within the time for acceptance specified, results in a binding contract without further action by either party. The contract shall consist of this Solicitation and any addenda thereto, the Consultant/Contractor(s) submittal, and established purchase order. If a contract is established, this will also become an official part of the contract. This Contract shall be governed by, and construed in accordance with, the laws of the State of Florida. The parties agree that the venue for any action arising out of or relating to this contract shall in in a court of competent jurisdiction located in Lee County, Florida

2. Formal Award

2.1. Contracts shall be awarded in accordance with the…