Carbon_Reduction_Study_within_The_City_of_Fort_Myers_(FDOT_451523-1-18-01)_(Addendum_#6_Revision).pdf

RSQ 0050-24

Carbon Reduction Study within The City of Fort Myers (FDOT 451523-1-18-

01)

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

Carbon Reduction Study within The City of Fort Myers (FDOT 451523-1-18-01), RSQ 0050-24

TABLE OF CONTENTS

I. INTRODUCTION

II. PROJECT DETAILS

III. EVALUATION CRITERIA

IV. INSTRUCTIONS TO RESPONDENTS

V. GENERAL CONDITIONS

VI. SPECIAL CONDTIONS FOR FEDERAL CONTRACTS

VII. SPECIAL CONDITIONS FOR FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)

PROFESSIONAL SERVICES

VIII. INSURANCE

IX. MINORITY BUSINESS ENTERPRISE PROGRAM

X. DEFINITIONS

XI. VENDOR SUBMISSIONS

1. INTRODUCTION

1.1. Summary

This Scope of Services defines Respondent's responsibilities associated with conducting a two-part feasibility study that investigates the potential for Bicycle and Pedestrian Only Street and

Micromobility opportunities. These potential objectives are consistent with the City’s

Comprehensive Plan, Element 2, Transportation, Objective 3, Complete Streets.

Accordingly, this scope of services seeks to investigate Complete Streets forms of transport that can occupy space alongside bicycles and pedestrians, all while reducing greenhouse gas emissions within the City’s Downtown and Midtown districts.

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

Kirk Zimmerman

Senior Procurement Specialist

2200 Second Street

Fort Myers, FL 33901

Email: kzimmerman@cityftmyers.com

Phone: (239) 321-7241

Department:

Engineering, Public Works

1.5. Timeline

Solicitation Release Date: Monday, August 5, 2024

Pre-Submission Meeting: Wednesday, August 28, 2024 at 10:00 am

Location: Fort Myers City Hall-Procurement Conference Room 2200 Second Street, Fort

Myers, FL 33901 or Virtually https://teams.microsoft.com/l/meetup-join/19%3ameeting_NTk3NzM3MzEtMTgxZi00OGI2LTgyMTktOWU1ZTcyYWYxZmEw%40thread.

v2/0?context=%7b%22Tid%22%3a%2235ab3971-4a9a-45d4-8ad1-ac170528b885%22%2c%22Oid%22%3a%2283ef1c43-5533-4d59-a153-a3a170fcb6e1%22%7d Meeting ID: 258 329 066 077 Passcode: 3TEMnf

________________________________________ Dial in by phone +1 239-205-

3327,,325886981# United States, Cape Coral

Question Deadline: Wednesday, September 4, 2024 before 4:00 pm

Solicitation Due by: Thursday, September 19, 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 Statement of Qualification (for Professional Services, Engineering, Architecture, Landscape Architect, Mapping/Surveying) - CITY OF FORT MYERS

RSQ 0050-24 Carbon Reduction Study within The City of Fort Myers (FDOT 451523-

1-18-01)

The City of Fort Myers is seeking submittals for RSQ 0050-24 Carbon Reduction Study within

The City of Fort Myers (FDOT 451523-1-18-01) which will be uploaded electronically on or before Thursday, September 19, 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: Monday, August 5, 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 in 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 https://procurement.opengov.com/signup

(actions that are morally reprehensible).

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

To demonstrate qualifications to perform the 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 Qualifications

Requirements, as presented during selection, if selected and awarded the contract, during the term of the Contract and any contract renewals.

2.3. Carbon Reduction Study within The City of Fort Myers

This Scope of Services defines Respondent's responsibilities associated with conducting a two-part feasibility study that investigates the potential for Bicycle and Pedestrian Only Street and Micromobility opportunities. These potential objectives are consistent with the City’s Comprehensive Plan, Element 2, Transportation, Objective 3 – Complete Streets.

Accordingly, this scope of services seeks to investigate Complete Streets forms of transport that can occupy space alongside bicycles and pedestrians, all while reducing greenhouse gas emissions within the City’s Downtown and Midtown districts.

Bicycle and Pedestrian Only Street shall include but not be limited to consideration of east-west and/or north-south street venues that offer the best opportunities for providing connectivity between the Downtown and Midtown districts. This shall also consider the potential of converting the segment of Dr. SR-82/Martin Luther King, Jr.

Boulevard (MLK), between Fowler Street and Us-41/Cleveland Avenue, from State maintained to City maintained, and developing that converted segment into a Complete

Street through a partnership project with the Florida Department of Transportation

(FDOT). The MLK street conversion is considered a key component in supporting Bicycle and Pedestrian Only Street venues and providing connectivity between the Downtown and Midtown districts.

Micromobility shall include but not be limited to evaluating multimodal opportunities in consideration of the car-centric environment that currently exists and the city’s new

Micromobility ordinance, passed on December 4, 2024, with the goal of recommending adopting infrastructure changes and new regulations that will help guide new and these emerging technologies. This may include consideration of the following:

• Adaptive regulations that can be quickly updated as the market evolves;

• Regulatory sandboxes where the effects of micromobility solutions can be tested in consideration of everchanging market conditions;

• Outcome-based regulations, such as performance-based criteria (rather than fixed, arbitrary caps on fleet sizes) for service providers; and,

• Risk-weighted regulations that acknowledge the realities of today’s infrastructure and user needs.

Micromobility shall comprise evaluating City’s new Micromobility ordinance, including but not be limited to consideration of accessibility, parking, and overall public safety relating to the following vehicles:

• Shared Use Bicycle Lanes

• Golf Carts

• Dockless Bikes

• E-bikes

• Electric Scooters

• Electric Skateboards

• Electric Pedal Assisted (Pedaled) Bicycles

• Vehicular Parking.

Stakeholders

Oversite responsibilities include collaborating with stakeholders to facilitate the needs of all impacted public and governmental jurisdictions as may be required to address this scope of services.

A. Bicycle and Pedestrian Only Street:

A. Data Collection:

A. Based on research and collaborative efforts with stakeholders, establish study areas for discussion and approval by City staff as a starting point moving forward.

B. Inventory traffic volumes and 85th percentile speeds involving critical local, collector, and arterial roadways within the study areas.

C. Inventory multimodal transportation volumes, including transit, bicycle, pedestrian, and other appropriate transportation venues, associated with the critical roadways, etc.

D. Measure the existing traffic utilizations/demands of the inventoried facilities.

The utilizations/demands shall be measured on an hourly basis utilizing typical 10-hour weekday and Saturday time periods (see Task B.1 for specific analysis times), subject to tweaking based in Kickoff meeting discussions.

E. Independently collect and measure special event traffic venues and utilizations/demands based on discussions with CRA/other relevant agencies.

F. Recognizing the importance that parking is to businesses and special events, with the assistance of City staff and the Denison Parking management staff, compile information relating to downtown parking facilities/future plans, parking studies (Walker Parking Study), land development plans, transportation studies, mapping, zoning information, proposed transportation and management practices, and other relevant materials applicable to future transportation demands.

B. Existing Traffic Analysis:

A. For each of the inventoried venues, evaluate and summarize the existing transportation utilizations/demands on an hourly basis within the study areas. The existing utilization shall be summarized for the following weekday/weekend periods:

A. Morning Period – 8:00 AM to 10:00 AM

B. Midday Period – 11:00 AM to 1:00 PM

C. Afternoon Period – 2:00 PM to 4:00 PM

D. Evening Period – 5:00 PM to 7:00 PM

E. Night Period – 8:00 PM to 10:00 PM

B. Provide GIS-based mapping that identifies the existing transportation demands, and other appropriate details of existing conditions Provide GIS-based mapping that identifies the existing vehicle, transit, bicycle, and pedestrian supply demands, and other appropriate details of existing conditions.

C. Future Development Impacts:

A. With assistance from City staff and recent planning efforts/studies, identify major future development plans or areas of potential development, as well as transportation improvements, which may impact the transportation needs in the study areas over the next ten years.

B. Estimate future transportation demands/needs for the various transportation modes within the study areas, including the need for additional streets, sidewalks, or other facilities, with consideration of major anticipated new development.

D. Interviews with Representative Commercial, Residential, and other

Zoning Designations Owners:

A. Develop a questionnaire that accesses potential interest in providing Bicycle and Pedestrian Only Street corridors within the study areas.

B. Compile the results of the questionnaire.

E. Transportation Management Plan: Prepare a transportation management plan for the various transportation modes within the study areas to improve the future transportation conditions within the study areas:

A. Identify potential bicycle and pedestrian street only venues, including appropriate vehicle restrictions, time limits, shared use opportunities, etc.

B. Prepare an evaluation matrix of impacts including transportation, financial, and business economic impacts.

C. Recommend if and where potential locations exist for bicycle and pedestrian street only venues.

F. Conceptual Designs: Based on the Transportation Management Plan findings, provide the following:

A. Prepare up to three (3) conceptual design options, which may only be minor design variations on one logical concept or may be differing concepts. Prepare exhibits (in GIS format for use in subsequent phases, depicting existing and proposed site conditions critical to assessing the technical feasibility of each alignment options in consideration of the various project tasks defined below (Task

G through Task O).

B. Prepare critical cross-sections and graphics for each alignment option.

C. Establish setbacks, roadway treatments, and security/safety requirements for each option in accordance with applicable design standards.

D. Identify street/pathway features including lighting, landscaping, accessibility, shelter locations, if warranted, and other standard street/pathway elements as may be required.

E. Identify critical impacts associated with each alignment option; identify potential mitigation measures and corresponding mitigation costs associated with public facilities, residential units, businesses, as well as other infrastructure impacts such as drainage, water, sanitary sewer, electrical and gas lines, telephone, etc.

G. Right-of-Way:

A. Establish property lines, ownership information and acquisition availability associated with each alignment option.

B. Obtain available title search information where clear property title is not evident.

C. Evaluate right-of-way (ROW) acquisition and/or easement options (i.e. type of agreements required, modifications to existing easements, preferred arrangement from property owners, etc.).

H. Traffic and Intersection/Roadway Impacts:

A. Evaluate impacts associated with intersection and roadway crossings, with special attention given to MLK relating to its potential conversion to a Complete

Street (FDOT and City).

B. Review and identify required types of roadway crossing treatments and/or intersection improvements that will be required in support of the alternative(s).

C. Analyze traffic and mobility safety impacts.

I. Cost Estimates: Prepare a separate Engineer’s Opinion of Probable Costs for the conceptual design options. Each of these cost estimates shall be developed as follows:

A. Costs shall be developed for design, right-of-way acquisition, construction, and construction engineering inspection (CEI) as may be applicable.

B. Construction costs shall be analyzed and developed based on an assumed design option/typical section associated with the conceptual design options.

C. Utilize the conceptual design, concept level quantity estimates as the basis for computing construction costs and incorporate appropriate contingency costs as deemed appropriate.

D. Unit costs shall be consistent with recent and nearby bids received for similar improvements.

E. Construction cost estimate shall not include the cost of right-of-way acquisition or cure plans for adjacent parcels.

F. All cost estimates shall be broken out separately between improvements for the Downtown River District segment and the current/proposed Midtown District.

J. Environmental Scoping: Identify environmental issues impacting the various design options and prepare an environmental assessment of these issues.

K. Safety and Security: Evaluate roadway/path user safety, public safety, and adjacent property security issues. Make recommendations regarding safety and security requirements associated with emergency access and public access.

L. Funding Opportunities: Based on the Preferred Design Option (PDO) and working with the Lee County MPO, develop a grant application packet for potential funds, or any other available grant funds for undertaking during the project development phases.

M. Maintenance: Establish maintenance requirements for involved entities and identify typical maintenance tasks, both routine and periodic.

N. Feasibility Report: A Feasibility Report shall be prepared summarizing the needs of the project.

A draft Project Feasibility Report shall be prepared and presented to the City

Council for comments following which a final report will be developed for dissemination to the public.

O. Community Involvement/Public Outreach and Meetings: The study shall include public participation of stakeholders involving the local community, local governments, emergency services, and advisory committees to ensure that local issues and critical needs are identified and addressed. The following stakeholder and public participation meetings are anticipated:

A. Steering Committee Kickoff Meeting

B. Steering Committee’s First and Second Progress Meetings

C. City of Fort Myers Bicycle Pedestrian Advisory Board (BPAB)

Meeting and Lee County Bicycle and Pedestrian Coordinating Committee

(BPCC)

D. Steering Committee’s Third Progress Meeting

E. Public Outreach Meeting

F. City Council Meeting

G. Steering Committee’s Fourth Progress Meeting

B. Micromobility:

A. Survey:

A. Based on research and collaborative efforts with stakeholders, prepare a general survey questionnaire to gather resident views regarding the use of

Micromobility Options within a pilot program area, for discussion and approval by

City staff as a starting point moving forward.

The survey shall have a limited number of multiple-choice questions. It will be used to estimate the likelihood that residents would use Mobility Options within the City and identify the types of trips that might be made if Mobility

Options are permitted, including potential usage areas, trip generators, and potential trip destinations.

B. Assemble and review the survey responses, summarize the survey results, and develop conclusions regarding potential demand, parameters, and geographic areas. Review the data, summaries, and conclusions. If necessary, requests for clarifications and/or additional analyses will be provided to City staff.

B. Research:

A. Review Florida Statutes regarding micromobility vehicles/devices relating to usage of public roadways, sidewalks and crossing of public roadways and summarize results.

B. Conduct a literature review regarding micromobility vehicles/devices relating to usage of public roadways in other communities and summarize results.

C. Investigate consideration of SHARED micromobility in Downtown and

Midtown districts with the goal of also evaluating the merits of implementing dockless e-bikes and/or e-scooters through a prevailing vendor’s business model or alternative where such facilities will have little or no financial impacts to the

City.

D. Based on the above, summarize micromobility vehicles/devices relating to usage requirements and conditions as specified in the Florida Statutes and typical conditions of other communities

C. Mobility Option Usage Criteria and Conditions:

A. Based on literature research, formulate a preliminary list of Mobility Option usage criteria including: roadway jurisdiction, functional classification, volumes, speeds, widths/number of lanes, and composition; sidewalk characteristics including width, pedestrian usage; and roadway crossing characteristics.

B. Conduct a literature review of Mobility Option usage of public roadways in other communities and summarize results.

C. Based on the above, summarize Mobility Option usage requirements and conditions as specified in the Florida Statutes and typical conditions of other communities.

D. Area Evaluation:

A. For the geographic usage areas within the pilot program project area as identified from the survey from Task 1, summarize known roadway and neighborhood characteristics. Review connectivity issues and constraints. The characteristics will be based on readily available information. If that information is not readily available, the characteristics will be estimated based on knowledge of the area.

B. Conduct a field review of the specific geographic areas identified above.

Summarize the roadway characteristics, neighborhood characteristics, and connectivity opportunities and constraints.

E. Mobility Options Usage Conditions:

A. Based on Florida Statutes and City’s Micromobility ordinance, the literature review conducted above, and knowledge of the area, formulate conditions for the use of micromobility vehicles/devices on roadways and sidewalks within the City.

B. Formulate signage requirements.

F. Mobility Options Usage Plan:

A. Based on the above, recommend those areas within the pilot program area and the specific roadways within those areas that are suitable for Mobility Option usage.

B. Identify connectivity constraints and alternatives to overcome those constraints, if any.

C. Evaluate impacts associated with intersection and roadway crossings, with special attention given to MLK relating to its potential conversion to a Complete

Street (FDOT and City).

D. Recommend the conditions and criteria for Mobility Option usage within the designated areas.

E. Recommend the type and general location of signs to be installed within those areas. (A signage plan shall be developed when the plan is implemented for that specific area.)

F. Recommend the conditions for possible Mobility Option usage beyond the pilot program project area.

G. Mobility Options Usage Plan:

A. Working with the City staff and using general unit costs provided by the

City staff and general quantity estimates, estimate the order of magnitude capital costs of the program. Capital costs to include: signs, crossings, sidewalk widening, and signal modifications.

B. Working with the City staff and using general unit costs provided by the

City staff and general quantity estimates; estimate the order of magnitude operating costs of the program. Operating costs to include administration, registration, inspection, and notifications.

C. All cost estimates shall be order of magnitude costs based on information provided by the City staff and per unit cost and not per specific area or improvement.

H. Implementation/Administration Plan:

A. Summarize alternatives and recommend a program for administering the plan which will include inspecting and registering Mobility Options.

B. Working with the City staff and using industry standard unit costs, and general quantity estimates, estimate the order of magnitude operating costs of the program. Operating costs to include administration, registration, inspection, and notifications.

C. Recommend criteria for expanding the Mobility Option usage beyond the pilot program project area, including recommendations for consideration in City’s

Micromobility ordinance.

I. Final Plan:

A. Prepare for and attend up to two (2) meetings with the City staff.

B. Summarize implementation issues to be addressed by City Council.

J. Project Representation:

A. Summarize the results of the pilot program in a written report.

B. Prepare for and present the draft and final study to City Council for up to a total of two (2) meetings

SCHEDULE

The Respondent shall perform and complete all the scope of work tasks identified within

18 months after issuance of a Notice to Proceed. The Respondent shall prepare a project schedule defining critical milestones and submission dates associated with the feasibility study process and product delivery.

DELIVERABLES:

A. One (1) electronic copy and one (1) hard bound copy of the Draft Reports, describing the methodology, findings, and recommendations.

B. One (1) electronic copy and one (1) hard bound copy of the Final Reports, incorporation review comments from the various draft review processes.

C. One (1) electronic copy and one (1) hard bound copy of the Opinion of Probable

Design, Construction, and CEI Costs for each alignment/study.

D. One (1) electronic copy and one (1) hard bound copy of each applicable grant funding program, as may be applicable.

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 RFP/RSQ. 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 /

Request for Statement of Qualifications without discussions or oral presentations. Therefore, each response to this RFP/RSQ 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/RSQ 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/RSQ or in the proposals received as a result of this RFP/RSQ. 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.

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

• How your firm will facilitate timely completion of the project.

• How your firm will incorporate sound principles of urban in-fill, smart growth development and sustainable redevelopment in planning, design, and construction for this project.

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

Points Based 45 (45% of Total)

2. Experience of the Firm and

Qualifications of Assigned Personnel

• Experience and capabilities to perform the scope of work.

• Academic, training, and licensed credentials of employees assigned to the project.

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

• Provide 2 examples of completed projects with similar scope and budget within the last 5 years. Preference will be given the government agency work.

• Provide 2 examples of projects completed by the project manager with similar scope and budget in the last 5 years.

Points Based 55 (55% 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.

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.

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

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.

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

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.