Brick_Paver_Maintenance_and_New_Installation_(Addendum_#7_Revision).pdf

RFP 0065-24

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, RFP 0065-24

TABLE OF CONTENTS

I. INTRODUCTION

II. PROJECT DETAILS

III. EVALUATION CRITERIA

IV. INSTRUCTIONS TO RESPONDENTS

V. GENERAL CONDITIONS

VI. SPECIAL CONDITIONS FOR CONSTRUCTION

VII. LOCAL PREFERENCE

VIII. MINORITY BUSINESS ENTERPRISE PROGRAM

IX. INSURANCE

X. DEFINITIONS

XI. VENDOR SUBMISSIONS

XII. SCHEDULE OF VALUES

1. INTRODUCTION

1.1. Summary

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

Procurement Specialist

2200 Second Street

Fort Myers, FL 33901

Email: cscott@cityftmyers.com

Phone: (239) 321-7235

Department:

Public Works

1.5. Timeline

Solicitation Release Date: Friday, August 2, 2024

Pre-Submission Meeting: Thursday, August 8, 2024 at 10:00 am

Location: Finance West Conference Room

Question Deadline: Friday, September 6, 2024 before 3:00 pm

Solicitation Due by: Thursday, September 12, 2024 at 2:00 pm

Selection Committee:

Presentations (if Desired by Committee):

Proposed Council Approval Date:

1.6. Pre-Submission Conference

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

1.7. Advertising

Request for Proposal (includes other factors as well as price) - CITY OF FORT MYERS

RFP 0065-24 Brick Paver Maintenance and New Installation

The City of Fort Myers is seeking submittals for RFP 0065-24 Brick Paver Maintenance and New

Installation which will be uploaded electronically on or before Thursday, September 12, 2024 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: Friday, August 2, 2024

2. PROJECT DETAILS

2.1. Important Instructions for Electronic Submittal

The City of Fort Myers is accepting electronic bid submissions. Bidders 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 bid.

2.2. Minimum Qualifications of Respondents

A. The Respondent(s) shall hold a current license from the State of Florida as required for each discipline.

B. Respondent(s) shall have been in business under the current company/firm name for a minimum of three (3) consecutive years (verified through Sunbiz.org).

C. Neither Respondent 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.

D. Respondents are required to inform the City of any relevant legal or ethical issues.

Specifically, they need to disclose:

• Judgments: Any court decisions against them.

• Bankruptcies: If they have declared bankruptcy.

• Pending Lawsuits: Any legal actions that are currently underway.

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

(actions that are morally reprehensible).

To demonstrate qualifications to perform the Work, each Respondent must be prepared to submit within five (5) days of City’s request 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 Respondent’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 Qualification Requirements during the term of the Contract and any contract renewals.

2.3. Scope of Work

The City is requesting submittals to provide downtown brick paver maintenance and repair.

https://procurement.opengov.com/signup

2.4. Downtown Fort Myers Brick Paver Maintenance and Repair

Scope of Work:

A. 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.

B. 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.

C. 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.

D. 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.

E. 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 limerock 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.

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

G. 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

A. Area shall be cleared and excavated down to 12”. Remove all roots or other objects in the roadway section. All roadway construction shall conform to City of Fort Myers Design standards.

B. Compact and stabilize existing subgrade (12" Min.) (LBR 40) compacted to 98% max.

density per ASTM D1557.

C. Install new lime rock road base (LBR 100). Matches exist thickness plus 1” (existing roadways) (8" min.) compacted to 98% max. density per ASTM D1557.

D. Install concrete setting sand (1” thick), brick pavers (3 1/8” 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.

E. Contractor shall provide a hydrant meter for water that will be used for the project.

F. Clean entire area.

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

(Details), September 2004, Sheet C8.0

A. Area shall be cleared and excavated down to 10”. Remove all roots or other objects in the sidewalk section.

B. Compact existing subgrade to 95% max. density per ASTM D1557.

C. 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 sub slab per City of Fort Myers Std. details T-3 /T-4.

D. 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.

E. 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.

1. 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.

2. 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. Contractor shall provide a hydrant meter for water that will be used for the project.

G. Clean entire area.

3. EVALUATION CRITERIA

1. Qualifications of Respondents

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

Respondent'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 respondent 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, respondent’s record of performance and integrity – e.g. has the respondent been delinquent or unfaithful to any contract with the City, whether the respondent is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A respondent 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 respondent’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. Technical/Qualification Proposal

The City will determine how well proposals meet the requirements in terms of the response to the specifications and how well the offer addresses the needs of the project. The Fort Myers

City Council will rank offers using a point ranking system (unless otherwise specified) to conduct the evaluation.

5. Proposal Selection Committee and Evaluation Process 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.

Selection Committee

An 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 Proposals submitted in response to this Request for Proposals (RFP). The Committee may utilize City staff and/or consultants who are not members to advise and assist the Committee in its review of the Proposals.

Preliminary Evaluation; Short Listing

The Committee may conduct a preliminary evaluation of all Proposals on the basis of the information provided and, if the Committee deems desirable in its discretion, it may elect to short list two or more Proposers using the evaluation criteria set forth in this solicitation. Upon short listing by the Committee, only those Proposers short listed shall remain eligible for further evaluation and consideration by the Committee.

Presentations

The Committee reserves the right to require oral presentations from and conduct pre-award discussion and/or pre-Contract negotiations with any or all responsive and responsible

Proposers who submit Proposals determined to be acceptable of being selected for award.

Presentations and pre-award discussions and negotiations may be limited at the discretion of the Committee to short listed Proposers. Discussions 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 Proposer in connection with such interviews, presentations, or negotiations (i.e., travel, accommodations, etc.).

Optional Discussion

At the discretion and in the best interest of the City, the City or Committee may conduct discussions with Proposers (or the short-listed Proposers, as applicable) or seek revision of

Proposals from Proposers (or the short-listed Proposers, as applicable) deemed to be responsible and reasonably acceptable to be selected. Such Proposers (or short-listed

Proposers) will be accorded fair and equal treatment with respect to discussion and revision of the Proposals. Revisions may be permitted after submission of Proposals and prior to award of a

Contract for the purpose of obtaining best and final offers.

Award Without Presentations

The City may evaluate and award a Contract based on responses to this Request for Proposals without discussions or oral presentations. Therefore, each response to this RFP should contain the Proposer's best terms and conditions for consideration.

Scoring and Final Ranking

Each Advisory Committee member will 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

Advisory Committee is one hundred (100), before the MBE and/or Local Preference is added.

In the event of a tie, the City’s Procurement Manager, or designee, may instruct the Advisory

Committee to conduct further deliberations, evaluations, and rescoring of the Respondents until a ranking, or total score, without a tie is achieved.

The Committee will evaluate and rank the responsive Proposers deemed acceptable to be selected (or the short-listed Respondents, as applicable) as set forth in the preceding section entitled “Evaluation Criteria”. In the event that the Committee previously elected to short list

Respondents, 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 Proposers and scoring categories as they deem appropriate in their sole discretion. The Committee shall submit the proposed rank order to the

Procurement Manager or designee after the conclusion of scheduled presentations, if any. Upon approval of the ranking by the Procurement Manager or designee, a notice of intended action shall be posted. The notice of intended action may be obtained by the Proposers as set forth in the section of this RFP titled “Request for Proposals Information”.

Authority to Award

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

Ordinance and Policy.

Reserved Right

The City, at its sole and absolute discretion, reserves the right to reject any and all, or parts of any and all proposals, to readvertise this solicitation, postpone or cancel, at any time, this solicitation process, or to waive minor irregularities and informalities in this RFP or in the proposals received as a result of this RFP. 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 Proposer provide additional information it deems necessary to evaluate, clarify, or substantiate any area contained in each submitted Proposal 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. Moreover, the

City reserves the right to make investigations of the qualifications of the Proposer as it deems appropriate, including but not be limited to, a background investigation conducted by the Fort

Myers Police Department.

7. Contract Negotiations and Acceptance

Respondent must be prepared for the City to accept the Submittal as presented. If Respondent 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

Respondent. Final contract terms must be approved or signed by the appropriately authorized

City official(s). No binding contract will exist between the Respondent and the City until the

City executes a written contract or purchase order.

No. Evaluation Criteria Scoring Method Weight (Points)

1. Approach to the Project/Design

• The approach the scope of services, including a comprehensive representation, demonstrating an understanding and a commitment of how you intend to implement and fulfill the requirements of the scope of services. (20 pts)

• How your firm will balance staffing needs for this project. (10 pts)

• How your firm will facilitate timely completion of the project. (10 pts)

• Describe unique abilities, innovative approaches, and/or special considerations. (5 pts)

Points Based 45 (37.5% of Total)

2. Experience of the Firm and

Qualifications of Assigned Personnel

• Experience and capabilities to perform the scope of work. (30 pts)

• Existing workload and ability to meet timeline(s) outlined in the project. (15 pts)

• Provide 2 examples of completed projects with similar scope. (10 pts)

Points Based 55 (45.8% of Total)

3. Compliance with Minority Business

Enterprise Policy (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. (10) or

• Shows Proof Respondent 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 15 (12.5% of Total)

4. 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)

4. INSTRUCTIONS TO RESPONDENTS

REQUEST FOR INFORMATION

Procurement Services is the official source to obtain information relating to City of Fort Myers solicitations. It is incumbent on the Respondent 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 Code of Ordinances.

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

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 239 321-7232, no later 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 Respondent.

The City will not be responsible for the distribution of addenda and/or other information regarding this request if the Respondent did not register in the City’s

Bid Portal, in OpenGov. All addenda will be provided via OpenGov.

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 Respondent. The City will not be responsible for incorrect contact information.

A. 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.

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

4.3. Examination of Solicitation Documents

It is the responsibility of each Respondent, before submitting an offer to

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

mailto:cfmpurchasing@cityftmyers.com https://www.cityftmyers.com/1171/Procurement-Services

B. Examine the Documents thoroughly; it is the respondents responsibility to understand the requirements and to request additional information (via questions in OpenGov) if needed.

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

D. Study and carefully correlate Respondent’s observations with the Documents, and

E. Notify the City of all conflicts, errors, or discrepancies in the Documents.

F. The Contract form that the City intends to use for the award is included as an attachment with this solicitation for reference. While this draft Contract contains standard legal language and is not routinely modified, any exceptions to this standard

Contract should be clearly indicated in the Respondent’s questionnaire and Respondent 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.

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

A. 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 by formal written Addenda 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.

All answers to questions of substance will be publicly published. 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 Respondents 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 Respondent 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 Respondent shall be made in the form of addenda to the submittal documents and posted to OpenGov. Respondents are strongly urged to attend the pre-submittal meeting.

B. 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 Respondent 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

A. 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.

B. Incurred Expenses

The City is not responsible for any expenses which Respondents may incur in preparing and submitting Proposals including presentations or any other expenses incurred by the

Respondents.

C. Proprietary Information

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

Respondents should be aware the Solicitation and the responses are in the public domain after the intent to award notification or thirty (30) days after solicitation closing. Respondents 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 Respondents 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 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.

2. In addition to the response submitted, a Respondent 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. By submitting a response, a Respondent acknowledges and agrees that should it designate any materials submitted to the City as confidential or exempt from public disclosure, the Respondent will upon the request of City (at the City’s discretion) defend the City (and its employees, Committee members and advisors, agents, and elected and appointed officials) against all claims and actions (whether or not a lawsuit is commenced) related to the Respondent's designation of material as confidential or exempt from public disclosure. A Respondent shall indemnify and hold harmless the City (and its employees, Committee members and advisors, agents and elected and appointed officials) from any and all claims, actions, suits, judgements, fines, costs, fees (including attorneys' fees), related to the Respondent’s designation of material as confidential or exempt from public disclosure.

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.

5. All submittals received from Respondents 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)

Respondents 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 the Respondent 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.

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

B. Title Page – Introduction

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

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

D. Letter of Transmittal

1. Limit to two (2) pages.

2. Briefly state the Respondent’s understanding of the services to be provided and make a positive commitment to perform the work.

3. Provide the names of anyone who is authorized to represent the Respondent, their titles, addresses and telephone numbers.

E. Mandatory Minimum Qualification Documentation

Provide documentation as necessary for the City to verify that the mandatory minimum qualifications in section titled "Mandatory Minimum Qualifications," have been met. Documentation must be clear and specific.

F. Required Documents – (see Vendor Submission section)

G. Respondents 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.

H. Respondents 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.

I. Litigation History

The Respondent shall describe whether Respondent is involved in any litigation, currently or within the last seven (7) years. Respondent shall also describe whether they have any outstanding judgments pending against Respondent.

J. Bankruptcy

The Respondent shall provide information on any bankruptcy proceedings for the firm or the primaries in the last seven (7) years.

K. Proprietary Information

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 Respondents should be aware the Request for Proposals and the responses thereto are in the public domain and will be released upon notice of award or thirty (30) days from solicitation closing, whichever comes first. Respondents must specifically identify 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 herein shall be deemed to preclude the full disclosure without redaction of any and all information submitted by Respondents 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 Proposal detailing what provisions, if any, you believe are exempt from disclosure, may result in your entire Proposal being subject to disclosure in accordance with Chapter 119 of the Florida Statutes.

Each Respondent must complete the “Confidential and/or Proprietary Information

Section of the Questionnaire”, included with this solicitation.

In addition to the Proposal submitted a Respondent asserting any exemptions from public disclosure regarding any portions of its Proposal 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.

By submitting a proposal, a Respondent acknowledges and agrees that should it designate any materials submitted to the City as confidential or exempt from public disclosure, the Respondent will upon the request of City (at the City’s discretion) defend the City (and its employees, Committee members and advisors, agents, and elected and appointed officials) against all claims and actions (whether or not a lawsuit is commenced) related to the Respondent's designation of material as confidential or exempt from public disclosure. A Respondent shall indemnify and hold harmless the City

(and its employees, Committee members and advisors, agents and elected and appointed officials) from any and all claims, actions, suits, judgements, fines, costs, fees

(including attorneys' fees), related to the Respondent’s designation of material as confidential or exempt from public disclosure.

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.

All Proposals received from Respondents in response to this Request for Proposals will become the property of the City of Fort Myers and will not be returned.

L. Electronic Pricing Form Instructions

Procurement Services has implemented an electronic e-procurement platform to streamline the solicitation process.

All responsive Respondents to this solicitation must submit electronic submittals/responses through OpenGov. Paper responses will be deemed non-responsive.

1. PRICING INSTRUCTIONS (if applicable)

a. 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.

b. 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.

c. 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.

d. 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. Delivery of 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.

A. Instructions for submitting a response

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 submittal, along with all required attachments, and submit.

Respondents 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 shall not be responsible for any submission delays or failures caused by any occurrence.

B. Proposal Binding

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

C. Late Submissions

Late Submissions will not be accepted. Respondents shall assume full responsibility for timely upload of the Proposals.

4.10. Conformance to Solicitation

A. All submittals 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 Respondent 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 Respondent 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 Respondents 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.

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 submittal prior to the submission 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 Solicitations

A. Solicitations may be modified or withdrawn by through the Respondent’s account on

OpenGov any time prior to the opening of Solicitations.

B. If, within twenty-four hours after Solicitations are opened, any Respondent 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 Solicitation, that Respondent may withdraw its Solicitation and the Solicitation security will be returned. Thereafter, that Respondent will be disqualified from further submitting on the Work to be provided under the Contract Documents.

4.12. Closing Date & Time

It is the Respondent’s responsibility to ensure that submittals 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 Respondent’s name and verification of bond submittal, if applicable, will be publicly announced aloud at the opening.

A. Instructions to join the solicitation opening virtual meeting:

1. Select a method to join

2. Join the virtual meeting.

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.

B. Provide live public comment

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.

C. In accordance with Florida Statues, Section 119(1)(b)2: Sealed Solicitations, submittals, or replies received by an agency pursuant to a competitive solicitation are exempt from

s. 119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of an intended decision or until 30 days after opening the Solicitations, submittals, or final replies, whichever is earlier.

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

The submission of a response shall constitute an irrevocable offer to the City by the Respondent for a period of one hundred twenty (120) 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 submittal, but City may in its sole discretion, release any Solicitation.

4.15. Evaluation of Submittals (RFP/RSQ)

A. 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, proper question answer verification, professional licensing, references, and other relevant criteria. If included MBE and local preference will also be reviewed by Procurement Services staff.

B. Procurement staff will send an overview to the Department Representative for further analysis of scope requirements and price analysis, if price is a factor.

C. Optional Discussion: At the discretion and in the best interest of the City, the City or

Committee may conduct discussions with Respondents (or the short-listed Respondents, as applicable) or seek revision of Submittals from Respondents (or the short-listed

Respondents, as applicable) deemed to be responsible and reasonably acceptable to be selected. Such Respondents (or short-listed Respondents) will be accorded fair and equal treatment with respect to discussion and revision of the Submittals. Revisions may be permitted after submission and prior to award of a Contract for the purpose of obtaining best and final offers.

D. The Department Representative emails the Procurement Representative their recommendation, in which a Notice of Intent to Award is based. This is not a guarantee of contract. Final approval is authorized by the City Council.

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

Respondent prior to making an award.

F. City may conduct such research as City deems necessary to assist in the evaluation of any Solicitation and to establish the responsibility, qualifications and financial ability of

Respondents, 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.

G. Respondents will be evaluated by a selection committee of individuals appointed pursuant to the City’s policies and procedures (“Committee”). The Committee will review and evaluate the submittals. Following evaluation, the Committee will rank the short-listed Respondents as set forth in the Evaluation Criteria section, the Evaluation Criteria for Short-listing.

H. After this evaluation process, at the discretion of the Committee, Respondents may be asked to make presentations before the Committee. Further written documentation may be required prior to the interviews, or as a result of the 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 Statement. During the presentation, the Respondent shall demonstrate its understanding of the project’s scope of work and shall discuss its approach to successfully completing the project.

I. Following the interviews, the Committee will rank the short-listed Respondents as set forth in the Evaluation Criteria section, the Evaluation Criteria for Final Ranking, and submit this information to the City Clerk’s Office in the form of a recommendation who will seek approval by the City Council of the ranking. Following and subject to City

Council’s decision, the Department Director or designee will enter into negotiations with the top-ranked Respondent with the intention of entering into a contract. If negotiations with the top-ranked Respondent are unsuccessful, then negotiations with this

Respondent will be terminated and negotiations will begin with the next successively ranked Respondent 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, or if required, seek approval from the City Council to enter into the contract prior to execution.

4.16. Reserved Rights

A. The City has the right to request additional information, after the closing date, from the

Respondent 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.