Cultural_Center_at_Clemente_Park_Design_Services_(Lee_County_Black_History_Society_(LCBHS)_Cultural_Center).pdf

RSQ 26-033

Cultural Center at Clemente Park Design Services (Lee County Black History

Society (LCBHS) Cultural Center)

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

Cultural Center at Clemente Park Design Services (Lee County Black History Society (LCBHS) Cultural Center), RSQ 26-033

TABLE OF CONTENTS

1. INTRODUCTION

2. PROJECT DETAILS / SCOPE OF WORK

3. INSTRUCTIONS

4. SPECIAL CONDITIONS

5. GENERAL TERMS AND CONDITIONS

6. INSURANCE

7. EVALUATION PHASES

8. DEFINITIONS

9. SUBMISSION QUESTIONNAIRE

Cultural Center at Clemente Park Design Services (Lee County Black History Society (LCBHS) Cultural Center), RSQ

1. INTRODUCTION

1.1. Advertisement

RSQ 26-033 Cultural Center at Clemente Park Design Services (Lee County Black History

Society (LCBHS) Cultural Center)

The City of Fort Myers is seeking submittals for RSQ 26-033 Cultural Center at Clemente Park

Design Services (Lee County Black History Society (LCBHS) Cultural Center). Submissions must be received electronically on or before Monday, May 4, 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: Wednesday, April 1, 2026

1.2. 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:

Grants and Special Projects

1.3. 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 a Consultants inability to submit a response by the end date and time for any reason, including issues arising from the use of OpenGov.

1.4. Timeline

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

Cultural Center at Clemente Park Design Services (Lee County Black History Society (LCBHS) Cultural Center), RSQ

Solicitation Release Date: April 1, 2026

Pre-Submittal Meeting (Non-Mandatory): April 8, 2026, 10:00am

Fort Myers City Hall, Finance West

Conference Room

2200 Second Street, Fort Myers, FL 33901 or Virtually

Join:

https://teams.microsoft.com/meet/2709797

2241471?p=4K4BwAyxNdgTxWVUU6

Meeting ID: 270 979 722 414 71

Passcode: bg9QE68s

Need help? | System reference

Dial in by phone

+1 239-205-3327,,356977004# United

States, Cape Coral

Find a local number

Phone conference ID: 356 977 004#

Submission Deadline: May 4, 2026, 2:00pm

Selection Committee (Non-Mandatory): May 14, 2026, 10:00am

Fort Myers City Hall - Finance West

Conference Room

2200 Second Street, Fort Myers, FL 33901 or Virtually

Join:

https://teams.microsoft.com/meet/2312100

55172791?p=hgabPBYupZG6wUShXF

Meeting ID: 231 210 055 172 791

Passcode: YJ7D3kv7

Need help? | System reference

Dial in by phone

+1 239-205-3327,,504543660# United

States, Cape Coral

Phone conference ID: 504 543 66 https://teams.microsoft.com/meet/27097972241471?p=4K4BwAyxNdgTxWVUU6 https://teams.microsoft.com/meet/27097972241471?p=4K4BwAyxNdgTxWVUU6 https://teams.microsoft.com/meet/231210055172791?p=hgabPBYupZG6wUShXF https://teams.microsoft.com/meet/231210055172791?p=hgabPBYupZG6wUShXF

Cultural Center at Clemente Park Design Services (Lee County Black History Society (LCBHS) Cultural Center), RSQ

Presentations (if desired by committee): May 22, 2026, 1:00pm

Proposed City Council Approval Date: June 2, 2026

1.5. 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'.

Cultural Center at Clemente Park Design Services (Lee County Black History Society (LCBHS) Cultural Center), RSQ

2. PROJECT DETAILS / SCOPE OF WORK

2.1. Mandatory Minimum Qualifications

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

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

2.1.3. Neither Consultant nor any principal, officer, or stockholder shall be in arrears or in default of any debt or contract involving the City, (as a party to a contract, or otherwise); nor have failed to perform faithfully on any previous contract with the City.

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

2.1.4.1. Judgments: Any court decisions against them.

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

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

(actions that are morally reprehensible).

Consultant shall be given a chance to explain or provide additional information regarding these issues if applicable. This allows them to clarify any concerns and provide context. Disclosure of such matters does not automatically disqualify a Consultant. The City will evaluate the relevance, severity, recency, and materiality of disclosed matters in determining responsibility.

To demonstrate qualifications to perform the Work, each Consultant shall be prepared to submit within five (5) days of City’s request written evidence, such as financial data, previous experience, present commitments, and other such data as may be requested. Each Solicitation shall contain evidence of the Consultant’s qualifications to do business in the State of Florida, or covenant to obtain such qualification, prior to award of the contract.

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

Contract and any contract renewals.

2.2. Scope of Work for Cultural Center Design and Engineering Services

2.2.1. BACKGROUND

The City of Fort Myers is soliciting proposals from qualified design professional firms to provide architectural and engineering services for a Cultural Center to be located at Roberto Clemente

Park, 3265 Dr. Martin Luther King Jr. Blvd.

The selected Consultant team shall be responsible for knowledge and compliance with all related local, state and federal codes and regulations.

Cultural Center at Clemente Park Design Services (Lee County Black History Society (LCBHS) Cultural Center), RSQ

The selected Consultant shall be registered in the State of Florida and hold all State, Federal and County/City licenses required to perform the services required by this request. This

Consultant shall ensure compliance with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and authority.

2.2.2. PROJECT DESCRIPTION SCOPE OF CULTURAL CENTER PROJECT

The selected Consultant shall provide professional services to conduct a space needs assessment and prepare the full design for a new Cultural Center.

The proposed facility is anticipated to be approximately up to 15,000 square feet consisting of two (2) stories with a functional rooftop gathering space. The building shall include a backup generator capable of supporting critical building systems.

The design shall create a flexible, multi-purpose, and community-oriented facility that supports cultural programming, exhibitions, performances, administrative functions, and community gatherings.

The overall design shall:

• Meet all applicable local, state, and federal codes and regulations

• Create a welcoming and community-centered environment

• Support flexible, multi-use programming

• Ensure accessibility throughout

• Balance durability, functionality, and aesthetic quality

• Provide long-term operational efficiency

• Provide ambient and accent lighting to create an inviting atmosphere

The design shall incorporate elements that reinforce the mission and cultural identity of the

Center, including – but not limited to:

• Display areas for quotes from local and national historic figures

• Donor recognition plaques

• Interpretive plaques explaining outdoor artwork

Anticipated Building Program and Functional Requirements

• Reception area within the main lobby

• Three (3) private administrative offices

• Workstations / cubicles

• Flexible conference room space with operable partition walls

Cultural Center at Clemente Park Design Services (Lee County Black History Society (LCBHS) Cultural Center), RSQ

• A multi-purpose auditorium with seating capacity for approximately 200 people

• Gallery/exhibit hall spaces designed for:

o Traveling exhibitions o Artifacts and art exhibits

• Climate-controlled storage space suitable for archival records and exhibit materials

• Restrooms

• Mechanical, electrical, and IT spaces necessary to support building operations

• Catering kitchen to support events and facility operations

• Sound / recording studio

• Circulation

• Functional rooftop for gatherings and events.

o the rooftop design shall consider occupant safety and code compliance, accessibility, appropriate lighting, and Integration with the overall architectural design

• The design shall also include integrated building systems and technology infrastructure, such as:

o Distributed speaker and music sound system throughout the facility o Auditorium audio-visual systems o Infrastructure to support virtual tours and genealogy research access o Soundproofing and acoustic treatment for the recording studio and auditorium o Backup power systems supporting IT and critical operations o Flexible lighting systems appropriate to each programmed space.

Site Improvement

• The Consultant shall treat the project as a cohesive campus development and provide site planning and design services that enhance accessible pedestrian connectivity between existing buildings and functions within Roberto Clemente Park and the proposed Cultural Center.

• Site-related scope of work includes landscape design in accordance with all applicable

City codes and standards.

• The City is considering the acquisition of an adjacent off-site parcel to accommodate additional parking. Should the land purchase proceed, the Consultant shall provide parking layout and design services for this parcel as well.

Cultural Center at Clemente Park Design Services (Lee County Black History Society (LCBHS) Cultural Center), RSQ

Cultural Center at Clemente Park Design Services (Lee County Black History Society (LCBHS) Cultural Center), RSQ

3. INSTRUCTIONS

3.1. Procurement Information

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

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

3.2. Introduction

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

The City reserves the right to accept or reject any or all submissions and to waive irregularities or technicalities, as deemed in the best interest of the City. All decisions made by the City regarding these matters shall be final and binding. Subject to applicable protest procedures under Chapter 38 and the City’s Procurement Policy.

3.3. Americans With Disabilities Act

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

Contact Information:

Procurement Services

2200 Second Street, Fort Myers, FL 33901

Email: ProcurementServices@fortmyers.gov

Phone: (239) 321-7240

3.4. Incorporation of Procurement Policy and Ordinance

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

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

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

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

Code of Ordinances and Procurement Policy.

3.5. Solicitation Documents

Visit the 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 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

Cultural Center at Clemente Park Design Services (Lee County Black History Society (LCBHS) Cultural Center), RSQ correct registration 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 for errors or misinterpretations resulting from the use of incomplete or unofficial solicitation documents.

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

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

3.6. Responsibilities of the Consultant

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

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

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

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

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

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

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

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

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

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

mailto:procurementservices@fortmyers.gov

Cultural Center at Clemente Park Design Services (Lee County Black History Society (LCBHS) Cultural Center), RSQ

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

3.7. 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.

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

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

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

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

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

3.9. Submission Guidelines

3.9.1. Official Submission Portal

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

3.9.2. Judgment on Disclosure

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

Federal or Florida public records laws.

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

3.9.3. Instructions for Uploading Submissions

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

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

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

Solicitation specifications, b) The Consultant agrees to all terms and conditions outlined in the

Cultural Center at Clemente Park Design Services (Lee County Black History Society (LCBHS) Cultural Center), RSQ attached Draft Contract. Failure to disclose variances may result in the Consultant being held to full compliance of the Solicitation requirements.

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

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

Portal. The authorized representative who binds the Consultant to the submittal must sign the qualification statement. A submittal is considered timely only if received through the OpenGov portal by the precise date and time specified in the solicitation timeline. The official time will be determined by the OpenGov portal's time clock. The 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 submission of their proposals, including costs associated with presentations or other activities related to the solicitation process.

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

3.9.4. Submission Requirements

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

Questionnaire".

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

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

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

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

Cultural Center at Clemente Park Design Services (Lee County Black History Society (LCBHS) Cultural Center), RSQ

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.

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.

3.9.5. 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

Official due date and time. The City is not responsible for any delays or failures in submission caused by any occurrence.

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

3.9.6. Mandatory Minimum Qualification Documentation

Cultural Center at Clemente Park Design Services (Lee County Black History Society (LCBHS) Cultural Center), RSQ

Consultant must provide clear and specific documentation to verify that all mandatory minimum qualifications, as outlined in the section titled "Mandatory Minimum Qualifications," have been met.

3.9.7. Required Documents

See the "Submission Questionnaire" section for a detailed list of required documents.

3.9.8. Partnership Submittals

Must be executed in the partnership name and signed by a partner. The title of the signing partner must appear under the signature, and the official address of the partnership must be included below the signature.

3.9.9. Litigation History

The Consultant must disclose whether they are involved in any current litigation or have any outstanding judgments. Include relevant details in the submittal.

3.9.10. Binding Submissions

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

3.9.11. Late Submissions

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

3.10. Questions and Addenda

3.10.1. Submission of Questions

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

3.10.2. 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

Cultural Center at Clemente Park Design Services (Lee County Black History Society (LCBHS) Cultural Center), RSQ provided. All official interpretations will be issued as written addenda and made available via

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

3.10.3. Modification of Solicitation Documents

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

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

3.11. Modification and Withdrawal of Submissions

3.11.1. Modifying or Withdrawing Submissions

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

3.11.2. Withdrawal Due to Material Mistake

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

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

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

3.12. Opening Submissions for Non-Construction

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

Constitution.

3.13. Reserved Rights

3.13.1. Request for Additional Information

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

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

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

Cultural Center at Clemente Park Design Services (Lee County Black History Society (LCBHS) Cultural Center), RSQ

3.13.2. 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.

3.13.3. Rejection of Submittals

The City reserves the right to:

• Reject any and all Submissions;

• Waive any and all informalities;

• Negotiate contract terms with the Successful Consultant;

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

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

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

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

3.14. Irrevocable Offer

By submitting a response to this Solicitation, the Consultant agrees that 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.

3.15. Award of Contract

3.15.1. 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.

3.15.2. Purchase Order

The Purchase Order (PO) issued by the City to the selected Consultant within the time specified for acceptance, in conjunction with the contract, establishes a binding contract without further action by either party.

Cultural Center at Clemente Park Design Services (Lee County Black History Society (LCBHS) Cultural Center), RSQ

The contract will include this Solicitation, any addenda, the Consultant’s submittal, and the established Purchase Order. 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.

3.15.3. 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.

3.16. Form of Contract

The City’s intended format for the awarded Contract is incorporated into this solicitation.

Any exceptions to the terms of this standard Contract must be brought up as a question in

OpenGov and resolved prior to the solicitation closing so everyone responds to the same terms and conditions.

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

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

3.17. 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: any required bonds; Indemnities;

and Updated insurance certificates as specified in the Solicitation.

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.

3.18. 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.

Cultural Center at Clemente Park Design Services (Lee County Black History Society (LCBHS) Cultural Center), RSQ

• 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.

3.19. 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.

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

Cultural Center at Clemente Park Design Services (Lee County Black History Society (LCBHS) Cultural Center), RSQ

4. SPECIAL CONDITIONS

4.1. Local Preference

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

4.2. Minority Business Enterprise Program

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

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

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

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

Cultural Center at Clemente Park Design Services (Lee County Black History Society (LCBHS) Cultural Center), RSQ

5. GENERAL TERMS AND CONDITIONS

5.1. Business Relationship and Disclosure

The Consultant must comply with Florida Statute 112.313.

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

5.2.1. A document or electronic file revealing the official cost estimate of the department of a project is confidential and exempt from the provisions of s. 119.07(1) until the contract for the project has been executed or until the project is no longer under active consideration.

5.2.2. The bid analysis and monitoring system of the department is confidential and exempt from the provisions of s. 119.07(1). This exemption applies to all system documentation, input, computer processes and programs, electronic data files, and output, but does not apply to the actual source documents, unless otherwise exempted under other provisions of law. (337.168

F.S.)

5.3. Drug-Free Workplace

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

Section 287.087, unless otherwise stated in the solicitation.

5.4. Foreign Corporation

In accordance with F.S. 607.1501, and provided an exemption is not available, a foreign corporation may not transact business in Florida until it obtains a certificate of authority from the Florida Department of State. Foreign corporations may submit responses prior to obtaining a certificate of authority from the Florida Department of State. A foreign corporation must be in compliance with F.S. 607.1501, prior to entering into a Contract with the City.

5.5. 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.

5.6. Liability for Errors

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

https://www.flsenate.gov/Laws/Statutes/2021/112.313 https://m.flsenate.gov/Statutes/119.07 https://m.flsenate.gov/Statutes/119.07

Cultural Center at Clemente Park Design Services (Lee County Black History Society (LCBHS) Cultural Center), RSQ

5.7. Non-Collusion

The Consultant certifies, swears, and attests that it is fully informed regarding the preparation and contents of the attached Solicitation and all relevant circumstances concerning the provision of goods or services to the City. The Consultant further certifies that the offer or submittal is genuine, not collusive, and not submitted in bad faith; that all information contained therein is true, accurate, and complete to the best of its knowledge and belief; and that the individual executing the submittal is duly authorized to do so on behalf of the company.

The Consultant affirms that it is ready, willing, and able to perform all contractual obligations if awarded a contract. The Consultant further certifies that this submittal is made without any prior understanding, agreement, connection, discussion, or collusion with any other person, company, or entity submitting a response for the same goods or services and that no officer, employee, or agent of the City or any competing company has any undisclosed financial interest in the submittal. The Consultant acknowledges that the execution of this certification is made with full knowledge and understanding of its contents and that any false statement or misrepresentation may result in disqualification, contract termination, and potential legal consequences.

5.8. Public Entity Crimes

The City will comply with Section 287.133 of the Florida State Statute including not conducting business in excess of the threshold amount provided in s. 287.017 for Category Two:

"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 on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, or Subcontractor/Subconsultants under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for Category Two for a period of 36 months from the date of being placed on the convicted vendor list."

5.9. 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.

5.10. Termination of Solicitation

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

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

Cultural Center at Clemente Park Design Services (Lee County Black History Society (LCBHS) Cultural Center), RSQ

6. INSURANCE

Insurance Coverages Required.

Insurance will be provided by the Consultant. If required, the awarded Consultant (and its subcontractors to the same extent and on the same terms as set forth below for Consultant) shall maintain the following coverages and furnish the certificate of insurance on the policies and renewals thereof which indicate that insurance coverage has been obtained meeting the requirements of the contract.

6.1. Insurance Terms and Conditions

6.1.1. The Consultant shall obtain and maintain such insurance as will protect the City from: (1) claims under workers' compensation laws, disability benefit laws, or other similar employee benefit laws; (2) claims for damages because of bodily injury, occupational sickness or disease or death of his or her employees including claims insured by usual personal injury liability coverage; (3) claims for damages because of bodily injury, sickness or disease, or death of any person other than his employees including claims insured by usual personal injury liability coverage; and (4) from claims for injury to or destruction of tangible property including loss or use resulting there from; any or all of which claims may arise out of, or result from, the services, work and operations carried out pursuant to and under the requirements of this

Agreement, whether such services, work and operations be by the Consultant, its employees, or by any Subcontractor/Subconsultants, or anyone employed by or under the supervision of any of them, or for whose acts any of them may be legally liable.

6.1.2. Subcontractor/Subconsultants. Unless expressly specified otherwise in this solicitation, a

Consultant and its Subcontractor/Subconsultants of any tier will be required at their own expense to maintain in effect at all times during the performance of the work insurance coverages with limits not less than those set forth below with insurers and under forms of policies satisfactory to the City. It shall be the responsibility of the Consultant to maintain the required insurance coverages and to assure that Subcontractor/Subconsultants maintain required insurance coverages at all times. Failure of a Consultant to maintain adequate coverage shall not relieve it of any contractual responsibility or obligation. The requirements specified herein as to types, limits, and City’s approval of insurance coverage to be maintained by a Consultant and its Subcontractor/Subconsultants are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Consultant and its

Subcontractor/Subconsultants under a contract. Any insurance carried by the City that may be applicable shall be deemed to be excess insurance and the Consultant's insurance primary for all purposes despite any conflicting provision in the Consultant's policies to the contrary.

6.1.3. The Consultant shall obtain, have, and maintain during the entire period of this

Agreement, all such insurance policies as are set forth and required herein.

6.1.4.The insurance coverage to be obtained by the Consultant, as set forth in Agreement for:

(1) Worker's Compensation; (2) Commercial General Liability; (3) Commercial Automobile

Liability; and (4) Professional Liability is understood and agreed to cover any and all of the services or work set forth in Exhibit “A” of this Agreement, or in any and all subsequently executed Change Orders, or Supplemental Agreements. If the total amount of insurance

Cultural Center at Clemente Park Design Services (Lee County Black History Society (LCBHS) Cultural Center), RSQ coverage established in, and required by, a Change Order or Supplemental Agreement exceeds the amount of insurance coverage carried by the Consultant, then the Consultant shall be required and expected to acquire such additional insurance, and the compensation established for the Change Order, or Supplemental Agreement, shall include consideration of any additional premium cost incurred by the Consultant to obtain such additional insurance coverage.

6.1.5. The purchasing of any insurance on the behalf of the City shall not waive any defense under Sovereign Immunity.

6.1.6. Compensation, Employers’ Liability and any Professional Liability Policy shall include the

City and its officers, elected officials, and employees as additional insureds with respect to the activities of the Consultant and its Subcontractor/Subconsultants. The City shall not by reason of their inclusion under these policies incur liability to the insurance carrier for payment of premium for these policies.

If this solicitation is funded in whole or in part by the Florida Department of Transportation, they will be included as an additional insured on all insurance certificates.

6.1.7. Waiver of Subrogation. The Consultant and its Subcontractor/Subconsultants shall require their insurance carriers, with respect to all insurance policies, to waive all rights of subrogation against the City, its officers, elected officials, agents, and employees and against other Consultant and Subcontractor/Subconsultants.

6.2. Insurance Certificate Required

6.2.1. Certificates of Insurance. Prior to commencing work at the jobsite, and as a condition precedent to the Consultant and their Subcontractor/Subconsultants initiation of performance, the Consultant and its Subcontractor/Subconsultants shall furnish the City with certificates of insurance as evidence that policies providing the required coverage and limits of insurance are in full force and effect. The certificates shall provide that any company issuing an insurance policy for the work under a contract shall provide not less than 30 days advance notice in writing to the City prior to cancellation, termination, or material change of any policy of insurance (except for notice of non-payment of premium for which not less than 10 days advance notice in writing shall be required). In addition, the Consultant shall immediately provide written notice to the City upon receipt of notice of cancellation of an insurance policy or a decision to terminate an insurance policy. All certificates of insurance shall clearly state that all applicable requirements have been satisfied, including certification that the policies are of the

“occurrence” type. Certificates of insurance for a Consultant and Subcontractor/Subconsultants-furnished insurance and notices of any cancellations, terminations, or alterations of such policies shall be mailed to the Procurement Services at the address set forth for delivery of the

Solicitation.

6.2.2. All such insurance certificates shall be in a form and underwritten by insurance companies acceptable to the City and licensed in…