RSQ 26-096

CEI services for Waterway Debris Collection and Removal / NRCS

Emergency Watershed Protection Grant

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

CEI services for Waterway Debris Collection and Removal / NRCS Emergency Watershed Protection Grant, RSQ 26-

TABLE OF CONTENTS

1. INTRODUCTION

2. SCOPE OF WORK (SPECIFICATIONS)

3. INSTRUCTIONS TO PROPOSERS

4. INSURANCE

5. SPECIAL CONDITIONS

6. GENERAL TERMS & CONDITIONS

7. SELECTION COMMITTEE AND EVALUATION PROCESS

8. EVALUATION CRITERIA

9. DEFINITIONS

10. SUBMITTAL QUESTIONNAIRE

CEI services for Waterway Debris Collection and Removal / NRCS Emergency Watershed Protection Grant, RSQ 26-

1. INTRODUCTION

1.1. Summary

The City of Fort Myers (City) requests submittals from interested and qualified Respondents to provide:

Construction Engineering Inspection (CEI) services associated with Waterway Debris Collection and Removal / NRCS Emergency Watershed Protection Grant. This includes minor clearing, bank repair, debris and sediment removal from waterways and canals, repairing eroded areas, installing articulated concrete block mats, and vegetative restoration measures. This project is being funded through The USDA's Natural Resources Conservation Service (NRCS)

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.

NO VALUE

1.3. Contact Information

Direct inquiries to the following:

Procurement Representative Name

Cathy Scott, Senior Procurement Specialist

2200 Second Street

Fort Myers, FL 33901

Email: cscott@fortmyers.gov

Phone: (239) 321-7235

Requesting Department:

Engineering (Public Works)

CEI services for Waterway Debris Collection and Removal / NRCS Emergency Watershed Protection Grant, RSQ 26-

1.4. Advertisement

RSQ 26-096 CEI services for Waterway Debris Collection and Removal / NRCS

Emergency Watershed Protection Grant

The City of Fort Myers is seeking submittals for RSQ 26-096 CEI services for Waterway Debris

Collection and Removal / NRCS Emergency Watershed Protection Grant. Submittals must be received electronically on or before Thursday, October 29, 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

Lillianna 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:

CEI services for Waterway Debris Collection and Removal / NRCS Emergency Watershed Protection Grant, RSQ 26-

Release Project Date: September 28, 2026

Pre-Proposal Meeting (Mandatory): October 5, 2026, 1:00pm

City Hall

Finance East Conference Room

2200 Second Street

Fort Myers FL 33901

Microsoft Teams meeting

Join:

https://teams.microsoft.com/meet/2221719

34015857?p=s2KGtfDZIaQXLjqI4A

Meeting ID: 222 171 934 015 857

Passcode: jb2Hq9uS

Need help? | System reference

Dial in by phone

+1 239-205-3327,,373350989# United

States, Cape Coral

Find a local number

Phone conference ID: 373 350 989#

For organizers: Meeting options | Reset dial-in PIN

Question Submission Deadline: October 13, 2026, 2:00pm

Submission Deadline: October 29, 2026, 2:00pm https://teams.microsoft.com/meet/222171934015857?p=s2KGtfDZIaQXLjqI4A https://teams.microsoft.com/meet/222171934015857?p=s2KGtfDZIaQXLjqI4A

CEI services for Waterway Debris Collection and Removal / NRCS Emergency Watershed Protection Grant, RSQ 26-

Selection Committee (Non-Mandatory): November 10, 2026, 10:00am

City Hall

Finance East Conference Room

2200 Second Street

Fort Myers FL 33901

Microsoft Teams meeting

Join:

https://teams.microsoft.com/meet/2799065

07002280?p=90E5iFHZ3unOihadtj

Meeting ID: 279 906 507 002 280

Passcode: aT6rm32F

Need help? | System reference

Dial in by phone

+1 239-205-3327,,545316907# United

States, Cape Coral

Find a local number

Phone conference ID: 545 316 907#

For organizers: Meeting options | Reset dial-in PIN

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'.

https://teams.microsoft.com/meet/279906507002280?p=90E5iFHZ3unOihadtj https://teams.microsoft.com/meet/279906507002280?p=90E5iFHZ3unOihadtj

CEI services for Waterway Debris Collection and Removal / NRCS Emergency Watershed Protection Grant, RSQ 26-

2. SCOPE OF WORK (SPECIFICATIONS)

2.1. Mandatory Minimum Qualifications

2.2.1. Each Submittal must contain evidence of the Consultant's qualifications to do business in the State of Florida.

2.2.2. Consultant shall have been in business under the current company/firm name for a minimum of three (3) consecutive years prior to the date of submission. This requirement is reasonably related to ensuring Consultant stability and capacity.

2.2.3. 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.

2.2.4. Consultant shall disclose, for the preceding five years, any material litigation, administrative proceeding, professional disciplinary action, criminal conviction, or final judgment involving the Consultant or proposed project principal that relates to fraud, professional negligence, public contracting, licensure, safety, or performance of comparable services.

Pending matters must be clearly identified as allegations and not final determinations.

o Judgments: Any court decisions against them.

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

o 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. This allows them to clarify any concerns and provide context.

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.

The City will evaluate such disclosures solely for purposes of determining responsibility and capacity to perform, in accordance with applicable law.

2.2. Scope and Items of work to be Inspected

Construction Engineering Inspection (CEI) services associated with Waterway Debris Collection and Removal / NRCS Emergency Watershed Protection Grant. This includes minor clearing, bank repair, debris and sediment removal from waterways and canals, repairing eroded areas, installing articulated concrete block mats, and vegetative restoration measures.

CEI services for Waterway Debris Collection and Removal / NRCS Emergency Watershed Protection Grant, RSQ 26-

The intensity of the inspection of these items will vary from periodic to continuous. The intensity of the inspection will depend on the complexity of the work item and what the damaging results would be should that portion of the installation fail.

Please see the scope of services below - The timing and intensity of the required inspection is shown in Table 1 in Attachment E. Support personnel should be provided as needed to assist the assigned inspector. Other types of work items may be encountered during construction. The intensity of the inspection will be determined by the Inspector or Engineer.

2.3. Clearing

Limited inspection will be required on clearing. The inspector will check the site to verify that the item was completed in accordance with the plan and specifications.

2.4. Bank Repair

Bank repair operations will require periodic inspection. The inspector shall be on-site to ensure that unsuitable bank material has been removed prior to regrading. The inspector shall be on-site to ensure the fill is of suitable material and to make sure the fill has sufficient moisture content (not too wet) and is in accordance with the plans and specifications.

2.5. Installing Geotextile

The inspection effort for this item will be to ensure proper material and installation of the geotextile. The inspector will need to check the geotextile to ensure that the specified type is installed. The inspector will record the type, weight, and manufacturer of the geotextile. The inspector will confirm the area to be covered by the geotextile.

2.6. Articulated Concrete Block Mats (ACB)

The inspection effort for this item will be to ensure the proper installation and placement of the

ACB on the geotextile. Refer to section “C” in Attachment E for the inspection effort required for the geotextile. The inspector will confirm the area to be covered. Ensure the ACB are installed to the neat lines and grades as shown on the drawings, Ensure banks are properly graded to remove voids. The number of ACB mats installed will be counted and linear footage verified.

2.7. Vegetative Measures

Periodic inspection will be required in all areas to be revegetated. The inspector will confirm areas to be vegetated and the type of vegetative requirement at each area. Inspection will require that the sod be checked as to the quality and type specified. Vegetated areas will be measured, and the inspector will need to verify linear footage quantities.

2.8. Debris and Sediment Removal

Periodic inspection will be required for all areas involving debris and sediment removal. Underwater debris removal in Billy Creek shall be inspected at low tide.

CEI services for Waterway Debris Collection and Removal / NRCS Emergency Watershed Protection Grant, RSQ 26-

3. INSTRUCTIONS TO PROPOSERS

3.1. Procurement Information

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

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

3.2. Introduction

To be considered, electronic submittals 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 submittal deadline. 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 Agreement 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 agreements.

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

Solicitation may be accessed in the City's Portal of OpenGov. It is the responsibility of the

Consultant to ensure correct information is provided. The City will not be held liable for any issues arising from incorrect or incomplete contact information. All submittals must be prepared using the solicitation documents provided in this solicitation. The City assumes no responsibility mailto:ProcurementServices@fortmyers.gov https://fortmyers.gov/DocumentCenter/View/14396/City-of-Fort-Myers-Procurement-Policy-PDF https://www.fortmyers.gov/1515/Procurement-Ordinances https://www.cityftmyers.com/1171/Procurement-Services

CEI services for Waterway Debris Collection and Removal / NRCS Emergency Watershed Protection Grant, RSQ 26-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 submittal 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. 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 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. Consultant 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. Consultant will 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. Consultant will study and carefully align observations with the solicitation documents to ensure consistency.

3.6.7. 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 Agreement intended for award is part of the solicitation as an attachment. This draft contains standard legal language and may be modified. Material exceptions must be submitted before the question deadline. The City may reject exceptions first raised in a submittal, but retains discretion to consider them during negotiations when doing so does not compromise competition or the integrity of the solicitation.

3.6.9. The City reserves the right to make modifications to the Agreement for specific projects before execution.

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

CEI services for Waterway Debris Collection and Removal / NRCS Emergency Watershed Protection Grant, RSQ 26-employee or elected official 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. Submittal Guidelines

3.8.1. Official Submittal Portal

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

3.8.2. 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.

3.8.3. Instructions for Uploading Submittals

3.8.3.1. Submittal 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 submittal along with all required attachments, and submit your response.

Consultant shall ensure that all electronic deliverables provided under this Agreement, including but not limited to reports, PDFs, presentations, forms, data visualizations, dashboards, online tools, and other digital or web-based content, comply with the Web

Content Accessibility Guidelines (WCAG) 2.1 Level AA. Deliverables must be provided in accessible formats compatible with commonly used assistive technologies. Consultant shall promptly remediate any accessibility deficiencies identified by the City at no additional cost and shall provide corrected deliverables within a mutually agreed-upon timeframe.

The Consultant must clearly identify any variances from the Solicitation requirements, no matter how minor. Any exceptions to the scope of work must be specifically noted and thoroughly explained in the Consultant’s questionnaire. If no variances are identified in the submittal, the City will assume that: 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 Agreement. Failure to disclose variances may result in the Consultant being held to full compliance of the Solicitation requirements.

3.8.3.2. Responsibility for Timely Submittal

The Consultant is solely responsible for ensuring their submittals are complete, uploaded, and submitted via the OpenGov Portal before the specified due date and time. The City is not responsible for any delays or failures in submittal caused by any occurrence.

CEI services for Waterway Debris Collection and Removal / NRCS Emergency Watershed Protection Grant, RSQ 26-

The authorized representative who binds the Consultant to the submittal must sign the qualification statement. A submittal is considered timely only if received through the

OpenGov portal by the precise date and time specified in the solicitation timeline. The official time will be determined by the OpenGov portal's time clock. The portal will not accept submittals after the deadline.

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 submittal of their proposals, including costs associated with presentations or other activities related to the solicitation process.

3.8.3.3. Proprietary Information

Consultant must clearly identify any information in their responses they consider confidential or proprietary, citing the specific legal exemption. Generic notations such as

"confidential" are not sufficient. Failure to provide a detailed explanation with statutory citations may result in the entire response being subject to disclosure under Chapter 119.

Provide a redacted copy of your submittal, suitable for public disclosure, in electronic format. Redact only information exempt under applicable law and include the exemption citation. The City reserves the right to exercise its judgment regarding the disclosure of records and may take any necessary actions to comply with federal or state public records laws.

All submittals received in response to this solicitation become the property of the City of Fort

Myers and will not be returned.

3.8.4. Submittal 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 "Submittal

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.

CEI services for Waterway Debris Collection and Removal / NRCS Emergency Watershed Protection Grant, RSQ 26-

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.

Consultant 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 Submittals 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 Submittals 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 Submittal Questionnaire.

3.9. Questions and Addenda

3.9.1. Submittal 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.

3.9.2. Authority of Addenda, Responses, and Revisions

Revisions to the solicitation and responses provided via the "Questions & Answers" feature are binding and shall be considered part of the solicitation. All information provided in this solicitation, including addenda and responses to questions, will be incorporated into the solicitation and any resulting Agreement. 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 Agreement. No oral interpretations will be provided. All official interpretations will be issued as written addenda or response to a question and made available via OpenGov. The City is not responsible for the distribution of addenda or other solicitation-related information to Consultants who fails to register in OpenGov.

3.9.3. Modification of Solicitation Documents

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

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

CEI services for Waterway Debris Collection and Removal / NRCS Emergency Watershed Protection Grant, RSQ 26-

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 Agreement.

3.10. Modification and Withdrawal of Submittals

3.10.1. Modifying or Withdrawing Submittals

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

OpenGov portal at any time before the closing time noted in the Solicitation.

3.10.2. Withdrawal Due to Material Mistake

If, within twenty-four (24) hours after Submittals are opened, a Consultant files a duly signed written notice to the procurement representative and demonstrating to the Procurement

Director's reasonable satisfaction that a material and substantial mistake occurred in the preparation of its Submittal, the Consultant may withdraw its Submittal. In such cases:

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

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

3.11. Opening Responses

Statements of Qualifications will be opened in accordance with applicable City procedures.

Submittals are exempt from public disclosure to the extent and for the period provided in section 119.071(1)(b), Florida Statutes.

3.12. Reserved Rights

3.12.1. 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.

3.12.2. Flexible Award Options

The City reserves the right to make awards based on individual items, groups of items, all-or-none, or a combination thereof, potentially involving one or more suppliers.

3.12.3. Rejection of Submittals

The City reserves the right to:

• Reject any and all Submittals.

• Waive any and all informalities.

• 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

CEI services for Waterway Debris Collection and Removal / NRCS Emergency Watershed Protection Grant, RSQ 26-

• The Solicitation is not responsive.

• The Consultant is unqualified or has questionable financial ability.

• The Consultant fails to meet any other relevant standards or criteria established by the

City.

3.13. Irrevocable Offer

The Statement of Qualifications shall remain valid for 180 calendar days. Submission does not create a contract or obligate the City to accept any proposed term. The final scope, schedule, compensation, and contractual terms are subject to negotiation under section 287.055, Florida

Statutes.

3.14. Award of Agreement

3.14.1. Formal Award

Contracts will be awarded in accordance with the City’s Procurement Code, Chapter 38, Article 3 of the City of Fort Myers Code of Ordinances. The contract will be awarded to the highest-ranked Consultant based on evaluation criteria. The award is contingent upon successful contract negotiation and final approval by the City Council.

The Agreement shall include the established Professional Services Agreement and incorporate by reference this Solicitation, any addenda, and the Consultant 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.

3.14.2. Multiple Awards

The City reserves the right to award one or multiple agreements if determined to be in the best interest of the City.

3.14.3. Purchase Order

A Purchase Order (PO) will be issued by the City to the selected Consultant within the time specified for acceptance.

3.15. Form of Agreement

The City’s intention is to use the attached Agreement (Draft). 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 an addendum.

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.

3.16. Execution of Agreement

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

CEI services for Waterway Debris Collection and Removal / NRCS Emergency Watershed Protection Grant, RSQ 26-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).

3.17. Protest Procedure

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

Policy, which can be accessed at the following link:

City of Fort Myers Procurement Policy (PDF)

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

3.18. 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 Council approval of the 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 theConsultant’s submittal in relation to the solicitation requirements. The Consultant’s submittal 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.

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

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

CEI services for Waterway Debris Collection and Removal / NRCS Emergency Watershed Protection Grant, RSQ 26-

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.

4.3. Marine Coverage

Marine Coverage shall be maintained throughout the term of the contract and shall include, at a minimum, Protection and Indemnity (P&I) Liability coverage with limits of not less than One

Million Dollars ($1,000,000) per claim. Coverage shall also include Jones Act and Crew coverage, where applicable, for all personnel engaged in maritime operations under this contract. All marine insurance policies shall be issued by insurers authorized to do business in the State of Florida and acceptable to the City.

4.4. Environmental/Pollution Liability Insurance

When the project includes any environmental or pollution control factors.

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

CEI services for Waterway Debris Collection and Removal / NRCS Emergency Watershed Protection Grant, RSQ 26-

5. SPECIAL CONDITIONS

5.1. City’s Construction Project Management Platform Software

For project archival purposes, the City will utilize 3rd-party Construction Project Management

Platform software. The Platform is used to manage design document packages, construction documents (change orders, ASls, RFls, RFPs, field orders, field reports/observations, Consultant reports/observations, etc.), project financials, invoice management, quality/safety reports, close-out documents, and other project-related documents for records retention purposes.

The Consultant shall use the Platform and shall be provided access and training to accomplish document posting, distribution, and archiving for the purposes of review, comments, approval, periodic billings, and other project processes involving multiple parties (e.g. A/E teams, City stakeholders and departments, 3rd party Consultant, etc.).

CEI services for Waterway Debris Collection and Removal / NRCS Emergency Watershed Protection Grant, RSQ 26-

6. GENERAL TERMS & CONDITIONS

6.1. Current Capacity

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

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. Legal Requirements

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.

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, Subconsultants, 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.

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.

4. Equal Employment Opportunity

The Consultant shall comply with all applicable equal employment opportunity laws and shall not discriminate in violation of section 287.134, Florida Statutes, or any other applicable federal, state, or local law.

5. Florida Public Records 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 https://www.flsenate.gov/Laws/Statutes/2021/287.134

CEI services for Waterway Debris Collection and Removal / NRCS Emergency Watershed Protection Grant, RSQ 26-

The parties acknowledge that all records made or received in connection with this Agreement may be subject to Chapter 119, Florida Statutes, and other applicable public records laws.

To the extent the Consultant is deemed a “Contractor” under section 119.0701, Florida

Statutes, the Contractor shall:

1. Keep and maintain public records required by the City to perform the services provided under this Agreement.

2. Upon request from the City’s custodian of public records, provide the City with a copy of requested public records or allow such records to be inspected or copied within a reasonable time and at a cost that does not exceed the cost provided by law.

3. Ensure that public records that are exempt or confidential and exempt from disclosure requirements are not disclosed except as authorized by law during the term of this

Agreement and following completion of the Agreement if the records are not transferred to the City.

4. Upon completion of the Agreement, transfer, at no cost, all public records in possession of the Contractor to the City or, if authorized by the City to retain records, maintain such records in accordance with all applicable records retention requirements. All electronically stored records shall be provided in a format compatible with the City’s information technology systems.

IF THE CONTRACTOR HAS QUESTIONS REGARDING

THE APPLICATION OF CHAPTER 119, FLORIDA

STATUTES, TO THE CONTRACTOR’S DUTY TO

PROVIDE PUBLIC RECORDS RELATING TO THIS

AGREEMENT, CONTACT THE CITY’S CUSTODIAN OF

PUBLIC RECORDS AT:

City Clerk

2200 Second Street

Fort Myers, Florida 33901

Phone: (239) 321-7042Email:

jgravitt@fortmyers.gov

6. Non-Collusion https://www.flsenate.gov/Laws/Statutes/2025/Chapter119

CEI services for Waterway Debris Collection and Removal / NRCS Emergency Watershed Protection Grant, RSQ 26-

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.

7. Public Entity Crimes

Pursuant to section 287.133, Florida Statutes, Consultant 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

Consultant, supplier, Subconsultant, 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.

8. 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.

9. 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.

6.4. 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 Consultants from forming their own opinions and conclusions with respect to this request.

6.5. 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.

6.6. Permits

The Consultant will be responsible for acquiring all required and applicable permits for the project for review and approval prior to construction.

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

CEI services for Waterway Debris Collection and Removal / NRCS Emergency Watershed Protection Grant, RSQ 26-

6.7. Relationship Between Parties

This Agreement does not create an employer/employee relationship between the City and

Consultant. Consultant is independent of the City and will be in control of the means and the method in which the requested work is performed. Consultant will be solely responsible for payment of all federal, state, and local income tax, and self-employment taxes, arising from this

Agreement. The City will not make deductions from payments due, for such taxes, or for social security, unemployment insurance, worker’s compensation, or other employment or payroll taxes. Consultant will also be responsible for the performance of their Subconsultants.

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 and that only materials of first quality and correct type, size, and design are to be used. All workmanship shall be first quality.

All interpretations of specifications shall be made upon the basis of this statement.

6.9. Termination of Solicitation

The City reserves the right to cancel this Solicitation and/or reject all Proposals, there shall be no liability on the part of the City for any costs incurred by the Consultants or potential

Consultants in relation to the Solicitation.

6.10. Additional Terms

Additional terms and conditions are found in the draft agreement attached to this solicitation.

By submitting a response to this solicitation, the Consultant will agree to the terms and conditions in both documents.

CEI services for Waterway Debris Collection and Removal / NRCS Emergency Watershed Protection Grant, RSQ 26-

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 submittals including completeness which encompasses the inclusion of all required attachments. Late submittals 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 Agreement 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 Agreement 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 Subconsultants. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection.

7.4. Technical/Qualification Submittal

Each submittal 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 submittals 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, and other relevant criteria. This will confirm the Consultant's submittals are responsive to the solicitation request.

Procurement staff will forward the responsive submittals to the Selection Committee for further analysis. This analysis may include evaluation references, past performance, scope requirements, and price, if applicable as stated in this solicitation.

7.6. Selection Committee

A Selection Committee (hereinafter referred to as “the…