RSQ 26-031

Carrell Canal Closed Drainage Design

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

Carrell Canal Closed Drainage Design, RSQ 26-031

TABLE OF CONTENTS

1. INTRODUCTION

2. PROJECT DETAILS / SCOPE OF WORK

3. INSTRUCTIONS

4. INSURANCE

5. SPECIAL CONDITIONS

6. GENERAL TERMS AND CONDITIONS

7. SELECTION COMMITTEE AND EVALUATION PROCESS

8. EVALUATION CRITERIA

9. DEFINITIONS

10. SUBMISSION QUESTIONNAIRE

1. INTRODUCTION

1.1. Summary

The City of Fort Myers (City) requests submittals from interested and qualified Consultants to provide Design plans for a closed drainage system to replace the existing Carrell Canal between

US 41 and the Ten-Mile Canal. The project includes the design of a permanent emergency pumping station at the Ten-Mile Canal, located south of Palm Avenue, as well as the design of a

12-foot-wide asphalt multi-use path.

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 1,100 employees serving a population of just over 101,000 full-time permanent residents. According to the Lee County

Visitor & Convention Bureau, nearly 3.3 million people visit Fort Myers each year and spend over 3.3 billion dollars while in the area.

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 recognition as one of

Florida’s most desirable coastal communities and one of the nation’s fastest-growing areas.

Most recently, WalletHub ranked Fort Myers the No. 2 best small city in America to start a business, reflecting the community’s strong entrepreneurial environment, access to investment capital, and continued business growth.

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. Contact Information

Direct inquiries to the following:

Procurement Representative Name

Kirk Zimmerman, Senior Procurement Specialist

2200 Second Street

Fort Myers, FL 33901

Email: kzimmerman@fortmyers.gov

Phone: (239) 321-7241

Requesting Department:

Engineering (Public Works)

1.4. Advertisement

RSQ 26-031 Carrell Canal Closed Drainage Design

The City of Fort Myers is seeking submittals for RSQ 26-031 Carrell Canal Closed Drainage

Design. Submittals must be received electronically on or before Wednesday, October 28, 2026 at

2:00 pm EST. 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

Lilliana Baker, CMC, City Clerk RUN DATES: Monday, September 28,

1.5. Cone of Silence

From the date a competitive solicitation is advertised or otherwise publicly issued until the resulting contract is finally awarded and approved by the City, or the solicitation is canceled or all responses are rejected, respondents, including any person or entity acting on their behalf, shall not communicate with any City employee, elected official, or representative regarding the solicitation.

During this period, all solicitation-related communications must be submitted in writing to the designated Procurement Representative or conducted only as specifically authorized in the solicitation documents.

Violation of these requirements may result in immediate disqualification, nullification of any award or contract, and suspension or permanent debarment from future City contracts. All alleged violations are subject to investigation by the City.

1.6. OpenGov Portal

The City of Fort Myers 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. Respondents are strongly encouraged to read the various Guides and Tutorials available in OpenGov well in advance of their intention of submitting a response to ensure familiarity with the use of OpenGov. The City will not be responsible for submittal failures caused by the Respondent’s equipment or internet connectivity. In the event of a documented system-wide OpenGov outage, the City reserves the right to extend the deadline by addendum.

1.7. Timeline

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

Solicitation Release Date: September 28, 2026

Pre-Submittal Meeting (Non-Mandatory): October 6, 2026, 10:00am

Join:

https://teams.microsoft.com/meet/2106937

5600488?p=jSUAknJmyIEH5luzAk

Meeting ID: 210 693 756 004 88

Passcode: dn3SA6p8

Dial in by phone

+1 239-205-3327,157784011# United

States, Cape Coral

Find a local number

Phone conference ID: 157 784 011#

Question Response Deadline: October 13, 2026, 4:00pm

Submission Deadline: October 28, 2026, 2:00pm

Join:

https://teams.microsoft.com/meet/2751834

21106955?p=aEhm2NVhyHihoi7eUF

Meeting ID: 275 183 421 106 955

Passcode: cM2Eb2Cv

+1 239-205-3327,,440393807# United

States, Cape Coral

Find a local number

Phone conference ID: 440 393 807#

Selection Committee (Non-Mandatory): November 11, 2026, 9:00am

Join:

https://teams.microsoft.com/meet/2970211

03638277?p=XZjcntwKxav9YKnAM1

Meeting ID: 297 021 103 638 277

Passcode: bQ9hP7XB

+1 239-205-3327,383774192# United

States, Cape Coral

Find a local number

Phone conference ID: 383 774 192# https://teams.microsoft.com/meet/21069375600488?p=jSUAknJmyIEH5luzAk https://teams.microsoft.com/meet/21069375600488?p=jSUAknJmyIEH5luzAk https://teams.microsoft.com/meet/275183421106955?p=aEhm2NVhyHihoi7eUF https://teams.microsoft.com/meet/275183421106955?p=aEhm2NVhyHihoi7eUF https://teams.microsoft.com/meet/297021103638277?p=XZjcntwKxav9YKnAM1 https://teams.microsoft.com/meet/297021103638277?p=XZjcntwKxav9YKnAM1

Presentations (if desired by committee)

(Non-Mandatory):

November 20, 2026, 1:00pm

City of Fort Myers Council Chambers

2200 Second Street, Fort Myers, FL 33901

Proposed City Council Approval Date: December 7, 2026

1.8. Pre-Submittal Meeting

The purpose of a Pre-Submittal Meeting is to review and discuss the solicitation and any addenda as published. A representative from Procurement Services and a representative from the requesting department will be present to discuss the solicitation. The date, time, and location as stated in the 'timeline'.

2. PROJECT DETAILS / SCOPE OF WORK

2.1. Mandatory Minimum Qualifications

2.1.1. The Consultant shall hold any necessary license(s) authorizing them to do business in the

State of Florida.

2.1.2. Consultant shall have been in business under the current company/firm name for a minimum of five (5) consecutive years prior to the date of submission.

2.1.3. Neither Consultant 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.

2.1.4. Consultant shall inform the City of any relevant legal or ethical issues. Specifically, disclosing:

2.1.4.1. Judgments: Any court decisions against them.

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

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

(actions that are morally reprehensible).

Consultant shall be given a chance to explain or provide additional information regarding these issues if applicable allowing them to clarify any concerns and provide context. The City will evaluate such disclosures solely for purposes of determining responsibility and capacity to perform, in accordance with applicable law.

To demonstrate qualifications to perform the Work, each Consultant shall 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 requested. Each Solicitation shall contain evidence of the Consultant’s qualifications to do business in the State of Florida, or covenant to obtain such qualification, prior to award of the contract.

The Consultant shall maintain the Minimum Qualifications Requirements during the term of the

Contract and any contract renewals.

2.1.5. This solicitation is issued pursuant to F.S. 287.055, Consultants’ Competitive Negotiation

Act.

2.2. Project Background

The Carrell Canal is an existing open drainage conveyance located between U.S. 41 and the Ten

Mile Canal. The City intends to replace the open canal with a closed drainage system to improve drainage performance, public safety, and multi-use connectivity. The project also includes the design of a permanent emergency pumping station near the Ten Mile Canal, south of Palm

Avenue, and a 12’ wide multi-use path within the project limits. The design shall be based on the findings and recommendations of the Carrell Canal Drainage Study Report dated January

22, 2020.

2.3. Scope of Services

Provide overall project management including project initiation, scheduling, coordination with

City staff, and ongoing management throughout design and construction support phases.

Review and incorporate findings and recommendations from the Carrell Canal Drainage Study

Report dated January 22, 2020, along with review of existing studies, reports, and available data.

Perform surveying services including incorporation of existing survey information, supplemental field surveying as required, and preparation of a composite boundary and topographic survey.

Coordinate with utility providers and perform subsurface utility investigations as necessary to support final design.

Review existing geotechnical information and perform supplemental geotechnical investigations, as required, to support the closed drainage system and pump station design.

Design a closed drainage system to replace the existing Carrell Canal in accordance with City standards and applicable regulatory requirements.

Design a permanent emergency pumping station near the Ten Mile Canal, south of Palm

Avenue, including all associated mechanical, electrical, and structural components.

Incorporate a 12-foot-wide multi-use path within the project limits, coordinated with the closed drainage system and pump station infrastructure.

Prepare complete, permit-ready construction documents including 30%, 60%, and 100% construction plans, technical specifications, and details.

Prepare opinions of probable construction cost at key design milestones.

Provide permitting assistance including coordination with regulatory agencies, preparation of permit applications, and responses to agency comments.

Provide bidding phase support including responding to bidder questions and assisting the City during procurement.

Provide post-design and construction phase services including review of shop drawings and submittals, responses to RFPs, evaluation of proposed substitutions, construction closeout support, and grant administration support.

3. INSTRUCTIONS

3.1. Procurement Information

Procurement Services is the official source for obtaining information regarding City solicitations.

It is the responsibility of Consultant to monitor and obtain solicitation updates and current award information both prior to and after the scheduled opening date. Information is updated as it becomes available. The City reserves the right to issue an award or a recommendation of award at any time following the scheduled opening date.

3.2. Introduction

To be considered, electronic submissions must be completed in accordance with the instructions outlined in this solicitation and submitted within the specified timeframe. The portal will automatically lock at the submission deadline.

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

3.3. Americans With Disabilities Act

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

Contact Information:

Procurement Services

2200 Second Street, Fort Myers, FL 33901

Email: ProcurementServices@fortmyers.gov

Phone: (239) 321-7240

3.4. Incorporation of Procurement Policy and Ordinance

This solicitation is issued in accordance with, and governed by, the provisions and procedures outlined in Chapter 38, Articles III and IV of the City of Fort Myers Code of Ordinances.

The City’s Procurement Policy and Ordinance (38-61 thru 68) are hereby incorporated by reference into this solicitation and any contract awarded as a result of this solicitation. By participating in this solicitation, Consultant agrees to be bound by the City’s Procurement

Ordinance and Policy in all matters related to this solicitation and any subsequent contracts.

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

Code of Ordinances and Procurement Policy.

3.5. Solicitation Documents

Visit the OpenGov E-Procurement Portal to access solicitation information. It is the responsibility of the Consultant to ensure correct registration information is provided. The City will not be held liable for any issues.

https://fortmyers.gov/DocumentCenter/View/14396/City-of-Fort-Myers-Procurement-Policy-PDF https://www.fortmyers.gov/1515/Procurement-Ordinances

All submittals must be prepared using the solicitation documents provided in this solicitation.

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

Solicitation documents, including all attachments, specifications, and exhibits are provided solely to facilitate the preparation and submission of responses.

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

3.6. Responsibilities of the Consultant

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

3.6.1. Consultant shall obtain solicitation documents exclusively from OpenGov. Documents sourced from other platforms or sources are not guaranteed to be accurate.

3.6.2. The Consultant will examine all solicitation documents to fully understand the requirements. If additional clarification is needed, submit questions through the OpenGov Q&A module.

3.6.3. Consultants who intend to submit a bid/proposal are encouraged to "follow" the project. By doing so, you will be notified by email of communications relating to the project.

3.6.4. Consultants will review, understand, and factor into their bid/proposal all addenda and answers to questions that are submitted via the OpenGov portal. See "Questions and Addenda

Guidelines". All addenda and updates will be made available exclusively via OpenGov.

Consultant is advised to regularly check the portal for any updates related to this solicitation.

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

3.6.6. The Consultant will study and carefully align observations with the solicitation documents to ensure consistency.

3.6.7. The Consultant will notify the Procurement Services Department by email to procurementservices@fortmyers.gov and submit a question through the E-Procurement Q&A tab of any conflicts, errors, or discrepancies in the solicitation documents.

Response Timeline Questions related to document format or processes will be addressed within two (2) business days or the solicitation may be placed on hold. This timeline does not apply to project-specific questions that require input from project managers or subject matter experts.

3.6.8. The draft contract intended for award is part of the solicitation as an attachment. This draft contains standard legal language and may be modified. Any exceptions to the standard contract should be submitted as a question in the Q&A module before the question deadline. If the question deadline has passed, exceptions should be clearly noted in the Submission

Questionnaire. Exceptions to the draft contract may impact the evaluation of the submittal.

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

mailto:procurementservices@fortmyers.gov

3.7. Cone of Silence

Consultants responding to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the City posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee of the city concerning any aspect of this solicitation, except in writing to the

Procurement Officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response.

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

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

requesting documentation of or considering a Consultant’s social, political, or ideological interests when determining whether the Consultant is responsible; giving preference to a

Consultant based on their social, political, or ideological interests.

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

3.9. Submission Guidelines for RFP/RSQ's

3.11.1. Official Submission Portal

All submissions must be made electronically through the City’s Bid Portal in OpenGov. The portal will keep all files locked until the solicitation officially closes.

3.9.2. Judgment on Disclosure

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

Federal or Florida public records laws.

Except as provided under the Americans with Disabilities Act for individuals requiring special accommodations, all proposals for this solicitation must be submitted electronically. Paper responses will be deemed non-responsive.

3.9.3. Instructions for Uploading Submissions

Submission Process Log into your OpenGov account and navigate to the solicitation for which you wish to submit a response. Click on “Draft Response”, complete the required information, upload your submission along with all required attachments, and submit your response.

The Consultant must clearly identify any variances from the Solicitation requirements, no matter how minor. Any exceptions to the scope of work must be specifically noted and thoroughly explained in the Submission Questionnaire. If no variances are identified in the submittal, the

City will assume that: a) the materials, equipment, or services offered fully comply with the

Solicitation specifications, b) The Consultant agrees to all terms and conditions outlined in the attached Draft Contract. Failure to disclose variances may result in the Consultant being held to full compliance of the Solicitation requirements.

Responsibility for Timely Submission The Consultant is solely responsible for ensuring their submittals are complete, uploaded, and submitted via the e-Procurement Portal before the specified due date and time. The City is not responsible for any delays or failures in submission caused by any occurrence.

Consultant is responsible for uploading their submittals directly into the OpenGov Submission

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

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

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

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

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

3.9.4. Submission Requirements

Document Format A single PDF document, signed by an authorized representative, must be submitted via the OpenGov portal under the Proposal question of the "Submission

Questionnaire".

Title Page – Introduction Include the following: Name of the individual or firm, Address, Email address, Telephone number, Name of contact person, Date, Solicitation number and title.

Table of Contents Include page numbers and bookmark each section for easy navigation.

Letter of Transmittal Two (2) page limit. Content: Briefly state the Consultant's understanding of the services to be provided. Make a positive commitment to perform the work. Provide the names, titles, addresses, and telephone numbers of authorized representatives.

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

Evaluation Criteria Place responses to the evaluation criteria in the order it is stated under the "Evaluation Criteria" section.

Consultants shall not submit compensation information, fee schedules, hourly rates, or pricing information as part of the Statement of Qualifications unless specifically requested by the City after completion of the ranking process pursuant to F.S. § 287.055.

Required Documents

Corporate Submissions Must be signed in the corporate name by the President or

Vice-President (or other authorized officer with evidence of signing authority).

Include the corporate address and state of incorporation.

Partnership Submissions Must be signed in the partnership name by a partner, with the title noted under the signature. Include the partnership's official address.

Litigation History Provide details of any current litigation or outstanding judgments involving the Consultant in the respective question under the Submission Questionnaire.

Responsibility for Timely Submission The Consultant is solely responsible for ensuring their submittals are complete, uploaded, and submitted via the e-Procurement Portal before the Official due date and time. The City is not responsible for any delays or failures in submission caused by any occurrence.

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

3.10. Questions and Addenda

3.10.1. Submission of Questions

All questions regarding the meaning or intent of the solicitation documents shall be submitted through the OpenGov Portal. Only questions received before the deadline specified in the solicitation timeline shall be considered.

3.10.2. Authority of Addenda, Responses, and Revisions

Revisions to the solicitation and responses provided via the "Questions & Answers" feature are binding and shall be considered addenda to the solicitation. All information provided in this solicitation, including addenda and responses to questions, will be incorporated into the solicitation and any resulting contract. It is the responsibility of the Consultant to review all addenda, revisions, and published responses to questions.

Requests for interpretations must be submitted through the OpenGov Portal. Failure to review and comply with the latest addenda or interpretations will not relieve the Consultant of their obligations under the solicitation or the resulting contract. No oral interpretations will be provided. All official interpretations will be issued as written addenda and made available via

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

3.10.3. Modification of Solicitation Documents

The City reserves the right to issue addenda to modify the solicitation documents as necessary. Consultant(s) are strongly encouraged to attend any pre-submittal meetings to gain clarity on the solicitation requirements.

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

3.11. Modification and Withdrawal of Submissions

3.11.1. Modifying or Withdrawing Submissions

A Statement of Qualifications may be modified or withdrawn by the Consultant through the

OpenGov portal at any time before the opening of the Solicitations.

3.11.2. Withdrawal Due to Material Mistake

If, within twenty-four (24) hours after Submissions are opened, a Consultant files a duly signed written notice with the City and promptly demonstrates to the City's reasonable satisfaction that a material and substantial mistake occurred in the preparation of its Submission, the Consultant may withdraw its Submission. In such cases:

• The Submission security, if applicable, will be returned.

• The Consultant shall thereafter be disqualified from further participation in the Work to be provided under the Contract.

3.12. Opening Submissions for Non-Construction

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

Constitution.

3.13. Reserved Rights

3.13.1. Request for Additional Information

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

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

• Evidence of financial resources and the ability to provide and maintain the required system and/or services. Additionally, the City may conduct investigations into the qualifications of any Consultant, which may include background checks performed by the Fort Myers Police Department.

3.13.2. Reserved

3.13.3. Rejection of Submittals

The City reserves the right to:

• Reject any and all Submissions.

• Waive any and all informalities.

• Negotiate contract terms with the Successful Consultant.

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

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

City’s best interest, including cases where a) The Solicitation is not responsive; b)

The Consultant is unqualified or has questionable financial ability; c) The Consultant fails to meet any other relevant standards or criteria established by the City.

3.14. Irrevocable Offer

By submitting a response to this Solicitation, the Consultant agrees that that its Submittal shall remain valid for a period of one hundred eighty (180) calendar days following the submission deadline. Compensation and terms shall be negotiated with the highest-ranked Consultant following completion of the ranking process pursuant to F.S. § 287.055.

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

3.15. Award of Contract

• Professional Services Agreement(s) shall be awarded in accordance with the Consultants’

Competitive Negotiation Act, Section 287.055, Florida Statutes, and applicable City ordinances. The City intends to negotiate a Professional Services Agreement with the highest-ranked responsive and responsible Consultant. If negotiations are unsuccessful, the City shall formally terminate negotiations and proceed sequentially with the next-ranked Consultant in accordance with F.S. § 287.055.

• The contract shall include the established Professional Services Agreement and incorporate by reference this Solicitation, any addenda, and the Consultant’s submittal.

This Contract shall be governed by and construed in accordance with the laws of the

State of Florida. Venue for any legal action arising out of or relating to this contract shall be in a court of competent jurisdiction located in Lee County, Florida.

3.16. Form of Contract

• The City’s intention is to use the attached Draft Agreement.

• Any requested revisions to the Agreement must be submitted using the question and answer tab in OpenGov and resolved prior to solicitation closing. Any revisions to the

Agreement will be shared via and addendum.

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

• The City reserves the right to revise or alter the language of the Draft Agreement after responses are received and prior to execution to address the specific requirements or circumstances of the project.

3.17. Execution of Contract from a Formal Award

• Following successful negotiations, the Consultant shall execute the Professional Services

Agreement. Upon approval by the City Council, the Consultant must submit all required insurance documentation and any other required materials within fifteen (15) calendar days of receiving the fully executed Agreement.

• Failure to timely execute the Agreement and submit required documentation may result in termination of negotiations and commencement of negotiations with the next-ranked

Consultant.

• Electronic signatures are accepted under the Florida Uniform Electronic Transaction Act

(F.S. 668.50)

3.18. Protest Procedure

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

Policy, which can be accessed at the following link:

City of Fort Myers Procurement Policy (PDF)

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

3.19. Post Award Debriefing of Proposers

A Consultant may submit a written request for a debriefing to the designated procurement representative no later than thirty (30) calendar days following City Council approval of the contract award. Upon receipt of the request, the procurement representative will schedule the debriefing with the Consultant, which may be conducted in person, virtually, or by telephone.

The debriefing will include, at a minimum, the following:

• An overview of the solicitation requirements.

• The final overall ranking of all proposals.

• A discussion of the significant strengths, weaknesses, or deficiencies identified in the

Consultant’s submission in relation to the solicitation requirements. The Consultant’s submission will not be compared to any other proposal.

• Upon request, an explanation of the scores assigned for each evaluation criterion, including cost, if applicable.

• If applicable, a summary of the basis for the award recommendation or selection decision.

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

• Responses to relevant questions from the proposer concerning the evaluation process and results.

4. INSURANCE

Insurance requirements applicable to this Solicitation are set forth in the herein and

Agreement/Contract attached to this Solicitation. Respondents are responsible for reviewing the insurance requirements in their entirety and shall be capable of providing the required insurance coverage upon award.

Certificates of Insurance (COIs) and any required endorsements must be provided prior to

Agreement/Contract execution, unless otherwise specified, and shall remain in effect for the full term of the Agreement, including any renewals, extensions, or amendments.

Information regarding the City's minimum insurance requirements, including required coverage descriptions and limits, is available click here. For convenience, the City's Insurance

Requirements Table is also attached to the solicitation.

The insurance coverages applicable and required for this Solicitation are identified below.

4.1. Required Standard Insurance Coverages

These coverages are required for all goods and services provided to the City:

Commercial General Liability. Occurrence-based policy covering bodily injury, property damage, personal & advertising injury, premises/operations, completed operations, independent contractors and subcontractors.

Comprehensive Auto Liability. Occurrence-based coverage protecting against all claims for bodily injury and property damage arising from motor vehicle use.

Worker's Compensation an Employer's Liability. Statutory workers’ compensation for all employees, including an “all states”/“other states” endorsement.

4.2. Professional Liability

The Service Provider shall keep in full force, effect, and good standing, a professional liability/errors and omissions insurance policy.

https://docaccess.com/docviewer.html?url=https%3A%2F%2Ffortmyers.gov%2FDocumentCenter%2FView%2F26275%2FINSURANCE-REQUIREMENTS&url_hash=ed94e4e27436e2a1979ddcbb7a5bb82d&domain=fortmyers.gov&found_on=https%3A%2F%2Ffortmyers.gov%2F1882%2FGeneral-Terms-Conditions

5. SPECIAL CONDITIONS

5.1. Local Preference

The City of Fort Myers has a local vendor preference policy (Ordinance 38-71 thru 76). Please click on the ordinance number to review the policy.

5.2. Minority Business Enterprise Program

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

(Ordinance No 38-122 thru 128): The City has established an MBE Ordinance for expenditures of construction, services, goods, and other services. Minority Business Enterprise’s (MBE’s) are businesses who are certified by the State of Florida Office of Supplier Diversity and whose principal place of business is located within the boundaries of Lee County.

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

https://www.fortmyers.gov/1511/Minority-Business-Enterprise-Program https://library.municode.com/fl/fort_myers/codes/code_of_ordinances?nodeId=SPAADCO_CH38FI_ARTIIIPU_DIV2LOVEPR https://library.municode.com/fl/fort_myers/codes/code_of_ordinances?nodeId=SPAADCO_CH38FI_ARTVMIBUENPR https://www.cityftmyers.com/1511/Minority-Business-Enterprise-Program

6. GENERAL TERMS AND CONDITIONS

6.1. Current Capacity

The Consultant must certify that they have the financial capacity to complete the project by including the City's "Current Capacity Certification" form found in the Submission

Questionnaire.

6.2. Independent Proposal Affirmation

By submitting a Response, a Consultant warrants that no one was paid a fee, commission, gift, or other consideration contingent upon receipt of an award for the services and/or supplies specified herein.

6.3. Drug-Free Workplace

Whenever two or more bids, proposals, or replies are equal with respect to price, quality, and service, the City will give preference in the award process to the business that certifies it has implemented a drug-free workplace program consistent with the provisions of Florida Statute

Section 287.087, unless otherwise stated in the solicitation.

6.4. Legal Requirements

6.4.1. Compliance with Laws and Regulations

The Consultant shall, at its sole cost and expense, comply with all applicable federal, state, and local laws, statutes, codes, ordinances, rules, regulations, orders, and requirements relating to the performance of the Work and this Agreement, including, but not limited to, those governing taxation, licensing, labor, employment, workers’ compensation, nondiscrimination, public safety, records retention, cybersecurity, and procurement. Without limiting the foregoing, the

Consultant acknowledges and agrees to comply with the following provisions, as applicable:

6.4.2. Background Screening

The Consultant shall comply with all applicable requirements of Chapter 435, Florida Statutes, relating to background screening. The Consultant shall ensure that all employees, agents, subcontractors, or representatives assigned to perform services under this Agreement complete the required Level 1 or Level 2 background screening, as applicable to the nature of the services provided.

6.4.3. Confidentiality of Estimates, Bid Analysis, and Monitoring Systems

Pursuant to section 337.168, Florida Statutes, any document or electronic file revealing the official cost estimate for a project is confidential and exempt from section 119.07(1), Florida

Statutes, until the contract for the project has been executed or the project is no longer under active consideration.

The City’s analysis and monitoring systems, including all related documentation, inputs, processes, programs, electronic data files, and outputs, are confidential and exempt from section 119.07(1), Florida Statutes, except for source documents otherwise subject to disclosure unless exempt by law.

https://www.flsenate.gov/Laws/Statutes/2021/Chapter435 https://www.flsenate.gov/Laws/Statutes/2025/0337.168 https://m.flsenate.gov/Statutes/119.07 https://m.flsenate.gov/Statutes/119.07

6.4.4. Non-Collusion

The Consultant certifies that its response or submittal is genuine, submitted in good faith, and not the result of collusion or fraud. The Consultant further certifies that no undisclosed agreement or understanding exists with any other entity or person regarding pricing, terms, or conditions related to this solicitation or Agreement.

6.4.5. Public Entity Crimes

Pursuant to section 287.133, Florida Statutes, Contractor understands a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of $35,000 for a period of 36 months following the date of being placed on the convicted vendor list.

6.4.6. Prohibition Against Consideration of Social, Political, or Ideological Interests

Pursuant to section 287.05701, Florida Statutes, the City shall not request documentation of or consider a Consultant’s social, political, or ideological interests when determining whether the

Consultant is a responsible vendor, nor shall the City provide preference based upon such interests.

6.4.7. Duty to Notify of Conflicts or Inconsistencies

If the Consultant becomes aware of any conflict, discrepancy, error, or inconsistency in the

Contract Documents or applicable legal requirements, the Consultant shall promptly notify the

City in writing.

6.5. Liability for Errors

The City has made considerable efforts to ensure accurate representation of the information in this Solicitation, the information contained is supplied solely as a guideline for Consultants. The information is not guaranteed or warranted to be accurate by the City nor is it necessarily comprehensive. Nothing in the Solicitation is intended to relieve the Consultant from forming their own opinions and conclusions with respect to this request.

6.6. Modifications

The City reserves the right to add, modify, change and/or refine the scope with the selected

Consultant and negotiate any applicable fees during negotiations.

6.7. Purchase Orders

All Purchase Orders issued pursuant to the Contract will be deemed to incorporate all terms and conditions of this solicitation regardless of whether these Documents are expressly referenced therein.

https://www.flsenate.gov/Laws/Statutes/2018/287.133 https://www.flsenate.gov/Laws/Statutes/2023/0287.05701

Before commencing work, the Consultant must receive a Notice to Proceed and a City PO/work order/or P-Card authorization. Shipments or work performed will be made as specified on the purchase order, conforming to the pricing form, specifications, and terms & conditions. No work may proceed unless the Consultant is in receipt of a Work Order and the associated PO.

6.8. Silence of Specifications

The apparent silence of these specifications or any supplemental specifications as to details or the omission from same of any detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail.

6.9. Termination of Solicitation

The City reserves the right to cancel this Solicitation and/or reject all Consultants. In such case, there shall be no liability on the part of the City for any costs incurred by the Consultant or potential Consultants in relation to the Solicitation.

7. SELECTION COMMITTEE AND EVALUATION PROCESS

7.1. Qualifications of the Consultant

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

Consultant's qualifications to do business in the State of Florida.

7.2. Responsiveness

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

7.3. Responsibility

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

Factors that the City may evaluate to determine “responsibility” include, but are not limited to: past performance, references (including those found outside the submittals), compliance with applicable laws, Consultant's record of performance and integrity – e.g. has the Consultant been delinquent or unfaithful to any contract with the City, whether the Consultant is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. Consultant 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 the Consultant's facilities, equipment, and personnel and those of any identified Subcontractor/Subconsultants. TheCity will determine whether any failure to supply information, or the quality of the information, will result in rejection

7.4. Technical/Qualification Submittal

Each Consultant must be organized with section tabs for ease of review in the same order as described in the criteria.

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

7.5. Procurement Services

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

Procurement staff will review of all responsive submissions and forward it with the responsive submissions to the Selection Committee for further analysis. This analysis may include evaluation of scope requirements and price, if applicable as stated in this solicitation.

7.6. Selection Committee

A Selection Committee (hereinafter referred to as “the Committee”) consisting of at least three

(3) members will be established to review, discuss, and evaluate all responsive submissions. The Committee may utilize additional City staff, outside experts as either voting or non-voting members to advise and assist the Committee in review of the submissions.

A Selection Committee, appointed in accordance with the City’s policies and procedures, will individually review and evaluate all eligible submissions based on the factors set forth in the

Evaluation Criteria of the Solicitation and assign a score for each criterion ranging from zero (0) points to the maximum points allowed for each rating criteria. This will be completed before the selection committee meeting. The Committee will rank the short-listed Consultants based on the Evaluation Criteria outlined in the section titled Evaluation Criteria for Short-Listing.

7.7. Selection Committee Meeting

The Procurement representative will schedule a public meeting for the Committee to discuss their initial evaluation and rank the responsive Consultant's deemed acceptable to be selected;

committee members may change or update their scores any time before the scores are read aloud. The evaluation scores will be submitted via OpenGov to the Procurement representative. The Committee will then determine if they would like Presentations/Interviews with any of the Consultants and how many they would like to invite.

7.8. Presentations/Interviews

The Committee reserves the right to request Presentations/Interviews with any or all responsive and responsible Consultants whose submissions are deemed to be acceptable for award.

Presentations/Interviews may be limited at the discretion of the Committee to short-listed

Consultants. Presentations may be conducted for the purpose of clarification and to assure full understanding of, and responsiveness to, the solicitation requirements. The City will not be liable for any costs incurred by the Consultant in connection with such Presentations (i.e., travel, accommodations, etc.).

Presentations will be conducted in a public meeting. Each Consultant will be asked to excuse themselves during other presentations. During the presentation, Consultants must clearly demonstrate their understanding of the project scope, discuss their approach to successfully completing the project, and respond to questions from the Committee.

Upon completion of the presentations/interviews, the Committee shall have an open discussion, and the public will have an opportunity to speak (3 minute maximum) before the Committee submits presentation scoring through OpenGov. The Procurement Manager or designee will read the ranking of the Consultants from the Committee scoring.

If the Committee elects to conduct Presentations/Interviews, the Criteria for Phase 2 will be developed by the selection committee at the end of Phase 1. All scores from Phase 1 are discarded and only Phase 2 scores will be considered for award.

7.9. Final Ranking

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

• Upon City Council approval, the Department Director or designee, in conjunction with the Procurement representative, will initiate negotiations with the top-ranked Consultant with the intention of entering into a contract.

• If negotiations with the top-ranked Consultant fail, they will be terminated, and negotiations will begin with the next-ranked Consultant.

• This process will continue until a successful contract is negotiated or the solicitation is terminated.

• Once a contract is finalized, it will be executed by the authorized City official(s) in accordance with the City Charter, Code of Ordinances, and delegated signature authority.

7.10. Flexible Award Options

The Committee may evaluate and award a Contract based on responses to this Solicitation without presentations. Therefore, each submission should contain the Consultants best qualifications and approach for consideration, consistent with F.S. 287.055.

7.11. Tiebreaker

In the event of a tie, two or more Consultants that have the same ranking, the following steps will be taken to determine the highest ranked Consultant. This method shall be used for all RFP and RSQ ties.

• Step 1: The Consultant with the highest number of 1st place rankings among evaluators shall be deemed the top-ranked Consultant. If a tie persists, the Consultant with the highest number of 2nd place rankings will be ranked higher. This method will continue progressively through 3rd, 4th, and subsequent rankings until the tie is resolved. If a tie remains after all rankings are considered, additional tie-breaking criteria will apply.

• Step 2: Consultants with an established drug-free workplace program, as defined by

Florida Statute Section 287.087, shall be ranked higher. Documentation verifying the drug-free workplace program must be provided to receive this preference.

• Step 3: Consultants qualifying as local, in accordance with the definition set forth in City of Fort Myers Ordinances Section 38-71 or its most recent revision, shall be ranked higher than non-local Consultants. Proof of local status must be submitted with the proposal to receive this preference.

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

7.12. Reserved Right to Reject Solicitations

The City, at its sole and absolute discretion, reserves the right to reject any and all, or parts of any and all submittals, to readvertise this solicitation, to postpone or cancel this solicitation process at any time, or to…