Civil_Engineering_Services_Continuing_Contract.pdf

RSQ 26-012

Civil Engineering Services Continuing Contract

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

Civil Engineering Services Continuing Contract, RSQ 26-012

TABLE OF CONTENTS

1. INTRODUCTION

2. PROJECT DETAILS / SCOPE OF WORK

3. EVALUATION PHASES

4. INSTRUCTIONS

5. GENERAL TERMS AND CONDITIONS

6. INSURANCE

7. DEFINITIONS

8. SUBMISSION QUESTIONNAIRE

1. INTRODUCTION

1.1. Summary

Summary

The City is searching for qualified professionals to provide services on an as needed basis under a continuing contract pursuant to the State of Florida Consultants Competitive Negotiation Act

(CCNA).

Background

The City of Fort Myers (“City”), established in 1886, is located on the southwestern 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 1,027 employees serving a population of 102,060 full time permanent residents per the 2025 population estimate. Fort Myers is ranked as the fastest-growing cities in the US for 2025, as well as one of the most diverse places to live, and one of the best places to retire by Reolink and Niche.

According to the Lee County Visitor & Convention Bureau, nearly 4.5 million people visit Fort

Myers each year and spend over $4 billion dollars while in the area. Fort Myers has experienced unprecedented growth in its tax base. The City added a total of $6.0 billion to its tax base over the past five years, or 76.9%.

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

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

Florida, and most recently the fastest growing place by U.S News and World Report (2024).

The City 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.

Project Specific Background

The purpose of this solicitation is to establish a continuing services contract with one or more qualified professional civil engineering firms. The selected Consultant(s) shall furnish all labor, materials, equipment, and incidentals necessary to perform professional services on an as-needed basis, through individual task authorizations issued by the City.

The City is inviting licensed and qualified Civil Engineering Firms to submit proposals for consideration to provide Civil Engineering Services under a City wide “Professional Services

Agreement – Continuing Contract.”

1.2. Advertisement

RSQ 26-012 Civil Engineering Services Continuing Contract

The City of Fort Myers is seeking submittals for RSQ 26-012 Civil Engineering Services Continuing

Contract. Submissions must be received electronically on or before Wednesday, May 13, 2026 at

2:00 pm. Interested participants are encouraged to download the solicitation documents. For more details visit https://procurement.opengov.com/portal/cityftmyers

CITY OF FORT MYERS

Marty K. Lawing, City Manager Legal Ad: News-Press/OpenGov

Mary Hagemann, City Clerk RUN DATES: Monday, April 13, 2026

1.3. Contact Information

Direct inquiries to the following:

Procurement Representative Name

Kirk Zimmerman, NIGP-CPP, CPPB, FCCM, 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. 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. Consultants 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 submission failures caused by the Consultant’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.

1.5. Timeline

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

Solicitation Release Date: April 13, 2026

Pre-Submittal Meeting (Non-Mandatory): April 21, 2026, 3:00pm

Fort Myers City Hall - Finance West

Conference Room

2200 Second Street, Fort Myers, FL 33901 or Virtually

Join:

https://teams.microsoft.com/meet/2112945

7835937?p=S4eXmwnUASqvh2JrLI

Meeting ID: 211 294 578 359 37

Passcode: Hj7gM2Tb

Dial in by phone

+1 239-205-3327, 27663183# United

States, Cape Coral

Phone conference ID: 276 631 83#

Question Submission Deadline: April 28, 2026, 4:00pm

Submission Deadline: May 13, 2026, 2:00pm

Selection Committee (Non-Mandatory): May 27, 2026, 9:03am

Fort Myers City Hall - Finance West

Conference Room

2200 Second Street, Fort Myers, FL 33901 or virtually

Join:

https://teams.microsoft.com/meet/2862999

1702751?p=IHlZClYENwQqCYYMNh

Meeting ID: 286 299 917 027 51

Passcode: dT3sM2vw

Dial in by phone

+1 239-205-3327, 680278147# United

States, Cape Coral

Phone conference ID: 680 278 147#

Presentations (if desired by committee)

(Non-Mandatory):

June 9, 2026, 8:00am

Fort Myers City Hall - Council Chambers

2200 Second Street, Fort Myers, FL 33901

Proposed City Council Approval Date: July 6, 2026 https://teams.microsoft.com/meet/21129457835937?p=S4eXmwnUASqvh2JrLI https://teams.microsoft.com/meet/21129457835937?p=S4eXmwnUASqvh2JrLI https://teams.microsoft.com/meet/28629991702751?p=IHlZClYENwQqCYYMNh https://teams.microsoft.com/meet/28629991702751?p=IHlZClYENwQqCYYMNh

1.6. 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 at the time of submittal.

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

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 is required to inform the City of any relevant legal or ethical issues.

Specifically, they need to disclose:

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

To demonstrate qualifications to perform the Work, each Consultant must be prepared to submit within five (5) days of City’s request written evidence, such as financial data, previous experience, present commitments, and other such data as may be called for. Each Solicitation must contain evidence of the 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 will be required to 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. General Services

The Consultant shall provide civil engineering and related services for projects of varying size and complexity, which may include, but are not limited to:

2.2.1. Transportation Infrastructure

o Roadway design, resurfacing, rehabilitation, and reconstruction.

o Intersection improvements, traffic studies, and signalization support.

o Pedestrian, bicycle, and multimodal facility improvements.

2.2.2. Stormwater and Drainage

o Hydrologic and hydraulic modeling.

o Stormwater system design, rehabilitation, and retrofits.

o Water quality and floodplain improvements.

o Stormwater master planning and compliance with regulatory requirements.

2.2.3. Utilities and Public Infrastructure

o Potable water distribution and transmission systems.

o Wastewater collection and conveyance systems.

o Reclaimed water systems.

o Lift station and pumping facility design.

2.2.4. Site Development and Municipal Facilities

o Grading, paving, and drainage design.

o Utility extensions and relocations.

o Parks, public facilities, and government-owned property site improvements.

2.3. Planning and Studies

• Feasibility studies and conceptual design reports.

• Capacity analyses for transportation and utility systems.

• Stormwater and utility master planning.

• Environmental and permitting assessments.

2.4. Design and Permitting

• Preparation of complete construction drawings and technical specifications.

• Preparation of bid documents and cost estimates.

• Coordination with local, state, and federal regulatory agencies for permits and approvals.

2.5. Construction Support Services

• Bid phase assistance, including addenda preparation and contractor evaluations.

• Construction administration and management support.

• Shop drawing and submittal reviews.

• Field observation, progress reporting, and quality assurance.

• Preparation of record drawings and project closeout documentation.

2.6. Deliverables

The Consultant shall provide deliverables as required by each task order, which may include but are not limited to:

• Technical memoranda, studies, and reports.

• Construction plans, specifications, and bid packages.

• Cost estimates and project schedules.

• Digital files in AutoCAD, GIS, PDF, and other Owner-specified formats.

• Presentations for staff, elected officials, and the public.

3. EVALUATION PHASES

3.1. Qualifications of the Consultant

To demonstrate qualifications to perform the Work, each Consultant must be prepared to submit information pertaining to each criterion. The Consultant shall hold any necessary license(s) authorizing them to do business in the State of Florida at the time of submittal.

3.2. 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.

3.3. 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 Subconsultants. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection.

3.4. Technical/Qualification Submittal

Each proposer 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.

3.5. Selection Committee and Evaluation Process

3.5.1. 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.

3.5.2. 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, consultants and 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 Consultant based on the Evaluation Criteria outlined in the section titled Evaluation

Criteria for Short-Listing.

3.5.3. 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.

3.5.4. 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 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 will be cleared and only scores in Phase 2 will be considered for award.

3.5.5. 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.

3.5.5.1. 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.

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

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

3.5.5.4. Once a contract is finalized, it will be executed by the Mayor and City

Manager.

3.5.6. 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 terms and conditions for consideration.

The City may also make awards based on individual items, groups of items, all-or-none, or a combination thereof, potentially involving one or more Consultants.

3.5.7. 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’s and RSQ’s ties.

3.5.7.1. 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.

3.5.7.2. 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.

3.5.7.3. 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.

3.5.7.4. In the event a tie persists after Steps 1 through 3, preference shall be given to the Consultant demonstrating the highest commitment to sustainability and environmental stewardship. Evaluation factors may include green certifications, use of eco-friendly materials, waste reduction strategies, carbon footprint minimization efforts, and participation in local sustainability initiatives. The

Consultant with the most significant and verifiable sustainability contributions shall be deemed the first-ranked Consultant.

3.5.7.5. For FDOT Solicitations, steps 1 - 4 are replaced with; the Procurement

Director/Manager or designee may appoint an additional Selection Committee member to evaluate the proposals based upon the factors in the solicitation and scoring for each criterion. This may continue until one Consultant is deemed the highest ranked.

For non-City funded procurements, the steps not permitted by law or process are hereby removed.

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

3.5.8. 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 waive irregularities and informalities in this solicitation or in the submittals received as a result of this solicitation. The City does not guarantee the award of any Contract as a result of this solicitation process.

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

Consultant prior to making an award.

The City reserves the right to request that the Consultant provide additional information as it deems necessary to evaluate, clarify, or substantiate any area contained in each submittal and to best meet the needs of the City. This includes information which indicates financial resources as well as the ability to provide and maintain the system and/or services. Failure to promptly supply requested information, such as records of past performance, financial stability, or the ability to meet project schedules, may result in a determination of non-responsiveness.

3.5.9. Authority to Award

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

Ordinance and Policy upon approval of City Council.

3.6. Contract Negotiations and Acceptance

Upon City Council approval, the Department Director or designee will initiate negotiations with the top-ranked Consultant with the intention of entering a contract. Consultant must be prepared for the City to accept the Submittal as presented. If Consultant fails to sign all documents necessary to successfully execute the final contract within a reasonable time, or negotiations do not result in an acceptable agreement, the City may reject the Submittal or revoke the award and may begin negotiations with the next highest Consultant. Final contract terms must be approved or signed by the appropriately authorized City Official. No binding contract will exist between the Consultant and the City until the City executes a written contract.

No. Evaluation Criteria Scoring Method Weight (Points)

1. Approach to the Project/Design

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

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

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

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

Points Based 45 (38.1% of Total)

2. Experience of the Firm and

Qualifications of Assigned Personnel

• Experience and capabilities to perform the scope of work.

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

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

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

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

Points Based 55 (46.6% of Total)

3. Compliance with Minority Business

Enterprise Policy (City funded only, procurement will score)

• Certified Minority Business by the

State of Florida Office of Supplier

Diversity, located within Lee

County and registered with the

City. (13) or

• Shows Proof Consultants applied for status and are awaiting confirmation (8) and

• Partnering with a minimum of two Minority Businesses that are certified by the State, located within Lee County and registered with the City (3)

Points Based 13 (11% of Total)

4. Local Vendor Preference (City funded only, scored by Procurement)

• See completed Local Preference

Company Affidavit

• Qualified business located in City of Fort Myers (5)

• Qualified business located in Lee

County (3)

Points Based 5 (4.2% of Total)

4. INSTRUCTIONS

4.1. 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 solicitation opening date.

4.2. 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

4.3. 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.

4.4. Solicitation Documents

Visit the City of Fort Myers Procurement Services Website and follow the link to Active

Solicitations 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 arising from incorrect or incomplete contact information.

4.4.1. Use of Official Solicitation Documents

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.

4.4.2. Purpose of Solicitation Documents

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

4.4.3. Right to Cancel

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

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

4.5. Responsibilities of the Consultant

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

4.5.1. Download Official Solicitation Documents

Obtain solicitation documents exclusively from OpenGov. Documents sourced from other platforms or sources are not guaranteed to be accurate.

4.5.2. Thoroughly Review Documents

Examine all solicitation documents to fully understand the requirements. If additional clarification is needed, submit questions through the OpenGov Q&A module.

4.5.3. Following the Project/Solicitation

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.

4.5.4. Review Addenda & Notices

It is the responsibility of the Consultant to 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.

4.5.5. Consider Applicable Laws and Regulations

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

4.5.6. Correlate Observations with the Solicitation Documents

Study and carefully align observations with the solicitation documents to ensure consistency.

4.5.7. Report Conflicts or Discrepancies

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.

4.5.8. Review the Draft Contract

The draft contract intended for award is included with this solicitation for reference.

4.5.8.1. This draft contains standard legal language and may be modified.

mailto:procurementservices@fortmyers.gov

4.5.8.2. 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.

• Note: Exceptions to the draft contract may impact the evaluation of the submittal.

4.5.9. Right to Modify Contract

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

4.6. Questions and Addenda Guidelines

4.6.1. 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. Written responses to questions will be binding via addenda or the "Questions & Answers" feature in OpenGov. Oral or other informal interpretations or clarifications have no legal effect. Any addenda issued electronically during the solicitation period shall become part of the solicitation and will be incorporated into the resulting contract.

4.6.2. Authority of Addenda and Revisions

Revisions to the solicitation and responses provided via the "Questions & Answers" feature are authoritative and shall be considered addenda to the solicitation. All information provided in this solicitation, including addenda and answers 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 answers 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.

4.6.3. 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.

4.7. Interpretation of Solicitation and Addenda

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.

4.8. 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.

4.9. 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.

4.10. 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

4.11. Submittal Preparation

4.11.1. Preparation of Response

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.

4.11.2. Incurred Expenses

The 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.

4.11.3. Proprietary Information

4.11.3.1. Judgment on Disclosure The City reserves the right to exercise its own judgment regarding the disclosure of records. The City may take any actions it deems necessary, including filing a declaratory action, to comply with Federal or Florida public records laws.

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

4.11.3.2. 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.

4.12. Submission Guidelines

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.

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 portal will not accept submittals after the deadline.

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.

4.12.1. 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.

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.

4.12.2. 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 Phase" section.

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). The corporate seal must be affixed and attested by the Secretary or Assistant

Secretary. 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.

Electronic Pricing Form Instructions, if applicable. The City uses OpenGov to streamline the solicitation process. Submittals must be made electronically; paper responses will be deemed non-responsive. This will not apply to Request for Statement of

Qualifications.

Submission via OpenGov Log into your OpenGov account, navigate to the relevant solicitation, click “Draft Response,” complete the requested information, upload all required attachments, and submit.

Unit and Extended Prices Enter unit prices for each item (if applicable). In case of discrepancies between unit and extended prices, unit prices will prevail.

Award Basis The City generally awards bids based on a "lump sum" to the responsive and responsible Bidder submitting the lowest total bid. However, the

City reserves the right to award based on a "per group" or "per item" basis. Clearly indicate items bid and items not bid on the provided pricing forms.

Additional Charges Prices quoted must include all costs related to verification/coordination of the order, shipping, delivery, unpacking, setup, installation, operation, testing, cleanup, training, and travel. No additional charges will be accepted beyond those listed on the price sheets.

4.12.3. Binding Submissions

All submissions shall remain binding for a period of one hundred eighty (180) calendar days following the opening date.

4.12.4. Late Submissions

Late submissions will not be accepted under any circumstances. Consultant assumes full responsibility for the timely upload of their responses.

4.13. Conformance to Solicitation

4.13.1. Compliance with Mandatory Requirements

All submissions must conform to the material and mandatory requirements outlined in this

Solicitation. However, the City reserves the right to waive irregularities at its discretion without prior notice or the issuance of a written addendum.

If a Consultant wishes to submit an Offer that would require the City to waive, alter, or omit a material or mandatory requirement, the Consultant must first submit a written request to the

City to amend the Solicitation. Such requests must follow the process outlined in the

“Interpretations of Solicitation and Addenda” section of this Solicitation.

If the City agrees, at its sole discretion, to amend, alter, or waive the requirement, the City will issue a written addendum to notify all prospective participants of the change.

4.13.2. Submitting Requests for Waivers or Amendments

Requests to waive, alter, or amend a mandatory requirement must be submitted as a written question that can be addressed in an addendum issued to all participants.

Important Note:

This process does not require participants to submit their complete Proposal prior to the due date. Instead, it is a mechanism for requesting a waiver or amendment to a mandatory requirement that is necessary to enable submission of the intended Proposal.

4.14. Modification and Withdrawal of Submissions

4.14.1. Modifying or Withdrawing Submissions

Submissions may be modified or withdrawn by the Consultant through the OpenGov portal at any time before the opening of the Solicitations.

4.14.2. 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:

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

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

4.15. 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.

4.16. Irrevocable Offer

By submitting a response to this Solicitation, the Consultant agrees that their submission constitutes an irrevocable offer to the City after the opening date. This offer shall remain valid for a period of one hundred eighty (180) calendar days from the date of the opening. The

Consultant agrees to provide the goods and services described in this Solicitation under the terms, conditions, and pricing outlined in their submission.

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

4.17. Reserved Rights

4.17.1. 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.

4.17.2. 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.

• Reject any or all submittals or waive informalities or technicalities in the submittals received.

4.17.3. 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.

4.18. 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.

4.19. Award of Contract

4.19.1. 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 and presentation results. The award is contingent upon successful contract negotiation and final approval by the City Council.

4.19.2. Reserved

4.19.3. Multiple Awards

The City reserves the right, at its sole discretion, to award the work described herein to more than one responsive and responsible Consultant. In cases of multiple awards, the City will apportion work among the selected Consultant as it deems appropriate. No minimum amount or proportion of work is guaranteed to any single Consultant or class of Consultant.

4.20. Form of Contract

The City’s intended format for the awarded Contract is incorporated into this solicitation. However, any exceptions to the terms of this standard Contract must be clearly indicated in the Consultant’s submittal. The Consultant acknowledges that exceptions may affect the evaluation of their submittal.

4.20.1. Formatting Adjustments

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

4.20.2. City’s Right to Modify Contract Language

The City reserves the right to revise or alter the language of the Draft Contract after responses are received and prior to execution. Revisions may be made to address the specific requirements or circumstances of the solicitation.

4.21. Execution of Contract from a Formal Award

The successful Consultant shall, within fifteen (15) calendar days after the issuance of a Notice of Award and receipt of the Contract from Procurement Services, sign and enter into a Contract with the City. Simultaneously, the Consultant shall provide:

Indemnities; and

• Updated insurance certificates as specified in the Solicitation.

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

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

(F.S. 668.50)

Failure to meet the established deadline for submitting the required documents may result in cancellation of the award at the City’s discretion.

4.22. Debriefing of Proposers

Not later than thirty (30) days after City Council approval of a selection or shortlist, a proposer may submit a written request to the applicable contracting agent for a debriefing on the evaluation of their proposal. The contracting agent will schedule a meeting with the Proposer for the debriefing. However, at the Proposer’s request, the debriefing may be conducted via telephone conference. The debriefing shall include the following minimum information:

• Key requirements of the solicitation.

• The overall ranking of all proposals.

• The significant weaknesses or deficiencies in the proposal in response to the requirements of the solicitation.

• If requested, an explanation of the score received for each evaluation criteria will be provided, including costs, if applicable.

• If applicable, a summary of the rationale for award.

• Responses to any relevant questions of the Proposer.

Untimely debriefing requests will also be considered.

4.23. 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.

4.24. Identification of Variances

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:

• The materials, equipment, or services offered fully comply with the Solicitation specifications.

• 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.

4.25. Cone of Silence

Consultant 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.

5. GENERAL TERMS AND CONDITIONS

5.1. Assignment, Transfer and Subcontracts

The Consultant shall not assign or transfer any of its rights, benefits, or obligations, except for transfers that result from:

5.1.1. the merger or consolidation of the Consultant with a third party; or

5.1.2. the disestablishment of the Consultant's professional practice and the establishment of the successor Consultant.

Nor shall the Consultant subcontract any of its service obligations hereunder to third parties without prior written approval of the City. The Consultant shall have the right, subject to the

City’s prior written approval, to employ other persons and/or firms to serve as Subconsultants to Consultant in connection with the Consultant performing services and work pursuant to the requirements of this Agreement. The Consultant must notify the Procurement Services

Department of any change, complete a new vendor registration form, provide an updated W-9, provide an updated certificate of insurance, provide a new…