Dean_Park_Residential_Elevation_Project.pdf

RSQ 26-072

Dean Park Residential Elevation Project

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

Dean Park Residential Elevation Project, RSQ 26-072

TABLE OF CONTENTS

1. INTRODUCTION

2. SCOPE OF WORK (SPECIFICATIONS)

3. INSTRUCTIONS TO PROPOSERS

4. INSURANCE

5. GENERAL TERMS & CONDITIONS

6. SELECTION COMMITTEE AND EVALUATION PROCESS

7. EVALUATION CRITERIA

8. DEFINITIONS

9. SUBMITTAL QUESTIONNAIRE

1. INTRODUCTION

1.1. Summary

The City of Fort Myers (City) requests submittals from interested and qualified Respondents to provide site-specific residential elevation design and related services for participating properties.

Due to the historic designation of the project area, design services must incorporate historic preservation considerations and ensure compatibility with applicable local, state, and federal requirements.

1.2. Background

The City of Fort Myers (the “City”), established in 1886, is located on the southern west coast of

Florida. It is the cultural and trade center for Lee County and the surrounding area. The City was built on the site of Fort Harvie and was named for Colonel Abraham Charles Myers, then

Chief Quartermaster of Florida. The City has approximately 1,100 employees serving a population of just over 101,000 full-time permanent residents. According to the Lee County

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

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

Tamiami Trail. Recent accolades for the City of Fort Myers include recognition as one of

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

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

The City of Fort Myers is committed to providing exceptional municipal services to residents, businesses and visitors in a fiscally responsible manner while preserving the City’s rich history, diverse culture, and charming lifestyle.

This project is funded through FEMA's Hazard Mitigation Grant Program and will assist in elevating homes within the Dean Park Area. The topography of the area has varying elevations.

Design for these homes must consider the historic nature of the homes as well as the impacts on other homes within the area.

1.3. Contact Information

Direct inquiries to the following:

Procurement Representative Name

Cathy Scott, Senior Procurement Specialist

2200 Second Street

Fort Myers, FL 33901

Email: cscott@fortmyers.gov

Phone: (239) 321-7235

Requesting Department:

Grants and Special Projects

1.4. Advertisement

RSQ 26-072 Dean Park Residential Elevation Project

The City of Fort Myers is seeking submittals for RSQ 26-072 Dean Park Residential Elevation

Project. Submittals must be received electronically on or before Friday, October 30, 2026 at 2:00 pm EST. Interested participants are encouraged to download the solicitation documents. For more details visit: https://procurement.opengov.com/portal/cityftmyers.

CITY OF FORT MYERS

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

Lillianna Baker, CMC, City Clerk RUN DATES: Wednesday, September

30, 2026

1.5. Cone of Silence

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

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

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

1.6. OpenGov Portal

The City of Fort Myers uses OpenGov (https://procurement.opengov.com/portal/cityftmyers) to administer the competitive solicitation process, including but not limited to soliciting responses, issuing addenda, posting results and issuing notification of an intended decision. There is no charge to register and download the solicitation from OpenGov. Respondents are strongly encouraged to read the various Guides and Tutorials available in OpenGov well in advance of their intention of submitting a response to ensure familiarity with the use of OpenGov. The City will not be responsible for submittal failures caused by the Respondent’s equipment or internet connectivity. In the event of a documented system-wide OpenGov outage, the City reserves the right to extend the deadline by addendum.

1.7. Timeline

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

Release Project Date: September 30, 2026

Pre-Proposal Meeting (Non-Mandatory): October 7, 2026, 1:00pm

City Hall

2200 Second Street, Fort Myers, FL

Finance East Conference Room

Microsoft Teams meeting

Join:

https://teams.microsoft.com/meet/2579159

17062078?p=eI2K5tyR4RpdjoiaJt

Meeting ID: 257 915 917 062 078

Passcode: xf2sX3Te

Need help? | System reference

Dial in by phone

+1 239-205-3327,,6793588# United States, Cape Coral

Find a local number

Phone conference ID: 679 358 8#

For organizers: Meeting options | Reset dial-in PIN

Question Submission Deadline: October 19, 2026, 2:00pm

Submission Deadline: October 30, 2026, 2:00pm https://teams.microsoft.com/meet/257915917062078?p=eI2K5tyR4RpdjoiaJt https://teams.microsoft.com/meet/257915917062078?p=eI2K5tyR4RpdjoiaJt

Selection Committee (Non-Mandatory): November 13, 2026, 1:00pm

City Hall

2200 Second Street, Fort Myers

Finance East Conference Room

Microsoft Teams meeting

Join:

https://teams.microsoft.com/meet/2247420

97478614?p=LL4XEHPz20EcJyzIg7

Meeting ID: 224 742 097 478 614

Passcode: T5nP9yt2

Need help? | System reference

Dial in by phone

+1 239-205-3327,,868895224# United

States, Cape Coral

Find a local number

Phone conference ID: 868 895 224#

For organizers: Meeting options | Reset dial-in PIN

1.8. Pre-Submittal Meeting

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

https://teams.microsoft.com/meet/224742097478614?p=LL4XEHPz20EcJyzIg7 https://teams.microsoft.com/meet/224742097478614?p=LL4XEHPz20EcJyzIg7

2. SCOPE OF WORK (SPECIFICATIONS)

2.1. Mandatory Minimum Qualifications

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

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

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

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

o Judgments: Any court decisions against them.

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

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

(actions that are morally reprehensible).

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

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

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

Contract and any contract renewals.

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

2.2. Residential Elevation Program – Engineering and Design Services

1. Project Overview

The City of Fort Myers is implementing a FEMA Hazard Mitigation Grant Program (HMGP) residential structure elevation project within the Dean Park Historic District.

The Project includes the potential elevation of up to approximately thirty-five (35)single-family residences with the potential for alternates. Participation in the program is voluntary and will be confirmed on a property-by-property basis.

The City seeks to procure a qualified professional engineer and architectural services to provide site-specific elevation design and related services for participating properties.

Due to the historic designation of the project area, design services must incorporate historic preservation considerations and ensure compatibility with applicable local, state, and federal requirements.

2. Contract Structure

The City intends to establish an on-call (IDIQ) professional services contract for engineering and design services.

o Services will be authorized through written task orders issued by the City on a per-property basis.

o The total number of task orders is not guaranteed.

o The contract will include a not-to-exceed ceiling amount and/or maximum number of properties.

3. Scope of Services

The selected Consultant shall provide all labor, materials, equipment, and technical expertise necessary to perform the following services for each authorized property.

Task 1 - Site Evaluation and Data Collection

▪ Conduct site visit(s) to each assigned property.

▪ Review existing conditions, including:

• Structural configuration

• Foundation type

• Access constraints

• Utilities and service connections

• Identify potential constraints to elevation (structural, environmental, logistical)

• Coordinate with City and program representatives as needed

Task 2 - Surveying and Elevation Data (as required)

▪ Obtain or coordinate necessary surveying services, including:

• Finished floor elevations

• Lowest adjacent grade

• Relevant topographic data (as needed)

• Prepare or support development of pre-elevation certificates

• Obtain a signed structural assessment for each property, prepared and certified by a qualified professional, and submit the assessment and inspection documentation to FDEM by March 10, 2027, within 12 months of

FEMA’s March 10, 2026 award.

Task 3 - Development of Site-Specific Elevation Design

Prepare complete, site-specific elevation design documents for each assigned property, including:

▪ Design elevation shall be not less that two (2) feet above BFE and shall satisfy

FFRMS, NFIP, Florida Building Code, ASCE 24-14 or latest applicable edition at time of project conclusion, and any more restrictive local floodplain requirements.

▪ Structural design elevation, including:

• Foundation systems (e.g., piers, piles, stem walls)

• Load calculations

• Lateral stability considerations

• Architectural considerations to maintain compatibility with the historic character of the structure

• Utility elevation and relocation requirements

• Floodproofing elements, including flood venting (if applicable)

• Wave action, debris impact, erosion and local scour under the applicable

Coastal VE/Limit of Moderate Wave Action requirements.

Task 4 - Preparation of Construction Documents

Develop construction-ready plans and specifications suitable for contractor pricing and construction, including:

▪ Plan sheets (existing and proposed conditions)

▪ Structural details and sections

▪ Elevation views

▪ Foundation plans

▪ Notes and specifications sufficient for permitting and construction

All plans shall be signed and sealed by a Professional Engineer licensed in the State of Florida, as applicable.

Task 5 - Permitting Support

▪ Identify all federal, state, and local permits and approvals applicable to each authorized property.

▪ Prepare and submit, or support City and/or property owner submitting all technical documentation required for permit applications.

▪ Respond to plan review comments and revise plans as necessary to obtain approvals and permits.

▪ Copies of applicable environmental permits, applications, approvals, and associated conditions shall be provided to the City and incorporated into the final design documents, narrative, and implementations requirements, as applicable.

Task 6 - Historic Preservation Coordination

▪ Review and incorporate all applicable FEMA/FDEM Environmental and Historic

Preservation (EHP), Section 106, State Historic Preservation Office (SHPO), local historic preservation, and other property-specific conditions appliable to each authorized property.

▪ Coordinate with applicable historic preservation requirements, boards, or guidelines.

▪ Revise plans as necessary to address historic review comments, as needed.

Task 7 - Bidding Support

If authorized by the City by separate task order:

▪ Prepare and provide clarifications, design information, quantities, technical specifications, and other documentation necessary to support competitive construction pricing and the City's FEMA/FDEM Phase II submission.

▪ Respond to contractor Request for Information (RFIs) and provide clarifications regarding design intent.

Task 8 - Limited Construction Phase Support

If authorized by the City by separate task order:

▪ Review contractor submittals for conformance with design documents.

▪ Respond to field questions related to design.

▪ Conduct limited site visits to verify general conformation with plans.

4. Task Order Authorization

▪ Services shall be performed only upon issuance of written task order by the City of Fort Myers.

▪ The City will issue task orders only for properties with City confirmed program participation.

▪ Each task order will identify:

• Property address

• Authorized scope

• Required deliverables

• Schedule requirements

• Not-to-exceed negotiated fee

5. Deliverables

For each property, the Consultant shall provide:

▪ Signed structural assessment prepared and certified by a qualified professional documenting existing structural conditions, identified deficiencies, and whether the structure is capable of being safely elevated

▪ Survey and elevation data and pre-elevation certificate, as applicable

▪ Documentation confirming the final design elevation and basis for establishing that elevation

▪ Documentation confirming the proposed foundation type, including design plans, engineering drawings, calculations, and technical specifications

▪ 100% completed signed and sealed plans and calculations suitable for permitting, contractor pricing, and FEMA/FDEM Phase II review

▪ Required permit applications and approved permits, as applicable

▪ Property-specific construction cost estimates sufficient to support the revised

Phase II cost estimate and FEMA Benefit-Cost Analysis

▪ Color aerial and topographic maps

▪ Color ground-disturbance maps showing the full project footprint, depth of disturbance, and latitude/longitude coordinates of proposed construction and staging areas

▪ Color photographs of the project area and areas of proposed ground disturbance

▪ Copies of applicable environmental permits or applications and documentation of related compliance conditions

▪ Documentation necessary to demonstrate compliance with FEMA/FDEM project conditions

▪ Other technical information reasonably required by the City, FDEM, or FEMA for

Phase II review

▪ Technical design, quantities, cost, engineering, survey, elevation, and other supporting data reasonably required by the City, FDEM, or FEMA to support

Phase II Benefit-Cost

▪ Analysis and Phase II approval. Technical information shall be based on developed project-specific data and calculations, as applicable.

6. Applicable Standards

All work shall comply with latest applicable editions, at time of project completion:

▪ FEMA Hazard Mitigation Assistance (HMA) program requirements

▪ FEMA Hazard Mitigation Grant Program (HMGP) requirements

▪ Project 4673-206-R, Agreement H1334

▪ National Flood Insurance Program requirements

▪ ASCE 24 (Flood Resistant Design and Construction)

▪ City of Fort Myers floodplain management ordinances and any more restrictive applicable local requirement

▪ Applicable FEMA/FDEM EHP, Section 106, SHPO, and Local, State, and Federal historic-preservation requirements

▪ Florida Building Code

▪ The project shall provide protection against a 100-year storm event. Activities shall be completed in strict compliance with Federal, State and Local applicable

Rules and Regulations.

7. Coordination

The Consultant shall coordinate with:

▪ The City of Fort Myers

▪ Program management consultants, through or as authorized by the City

▪ Property owners, through or as authorized by the City

▪ FDEM/FEMA or other regulatory or historic-review agencies, through or as authorized by the City

▪ Contractors (during bidding and construction phases, as authorized by the City)

3. INSTRUCTIONS TO PROPOSERS

3.1. Procurement Information

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

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

3.2. Introduction

To be considered, electronic submittals must be completed in accordance with the instructions outlined in this solicitation and submitted within the specified timeframe. The portal will automatically lock at the submittal deadline. All decisions made by the City regarding these matters shall be final and binding.

3.3. Americans With Disabilities Act

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

Contact Information:

Procurement Services

2200 Second Street, Fort Myers, FL 33901

Email: ProcurementServices@fortmyers.gov

Phone: (239) 321-7240

3.4. Incorporation of Procurement Policy and Ordinance

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

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

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

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

Code of Ordinances and Procurement Policy.

This Project is federally funded; therefore, this Solicitation and any resulting Agreement(s) are also subject to the applicable federal and FDEM requirements incorporated through HMGP

Agreement H1334. Where requirements differ, the Consultant shall comply with the applicable requirement that governs the federally funded work, as determined by the City.

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

3.5. Solicitation Documents

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

Consultant to ensure correct information is provided. The City will not be held liable for any issues arising from incorrect or incomplete contact information. All submittals must be prepared using the solicitation documents provided in this solicitation. The City assumes no responsibility for errors or misinterpretations resulting from the use of incomplete or unofficial solicitation documents. Solicitation documents, including all attachments, specifications, and exhibits are provided solely to facilitate the preparation and submittal of responses. The City reserves the right to cancel any solicitation at any time without obligation.

3.6. Responsibilities of the Consultant

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

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

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

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

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

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

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

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

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

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

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

3.6.8. The Agreement intended for award is part of the solicitation as an attachment. This draft contains standard legal language and may be modified. Any exceptions to the standard

Agreement 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 Submittal

Questionnaire. Exceptions to the Agreement may impact the evaluation of the submittal.

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

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

3.7. Cone of Silence

Consultants responding to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the City posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or elected official of the city concerning any aspect of this solicitation, except in writing to the Procurement Officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response.

3.8. Submittal Guidelines

3.8.1. Official Submittal Portal

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

3.8.2. Judgment on Disclosure

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

Federal or Florida public records laws.

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

3.8.3. Instructions for Uploading Submittals

3.8.3.1. Submittal Process

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

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

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

The Consultant must clearly identify any variances from the Solicitation requirements, no matter how minor. Any exceptions to the scope of work must be specifically noted and thoroughly explained in the Consultant’s questionnaire. If no variances are identified in the submittal, the City will assume that: a) the materials, equipment, or services offered fully comply with the Solicitation specifications, b) The Consultant agrees to all terms and conditions outlined in the attached Agreement. Failure to disclose variances may result in the Consultant being held to full compliance of the Solicitation requirements.

3.8.3.2. Responsibility for Timely Submittal

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

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

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

Consultant shall prepare their responses in a clear and concise manner, ensuring that all required content is complete. Special attention should be given to the specific information, instructions, and requirements outlined in the solicitation document to ensure responsiveness. Incomplete responses or those lacking key information may be rejected. To facilitate the review process, each section or tab of the response should be properly labeled to correspond with the solicitation requirements.

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

3.8.3.3. Proprietary Information

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

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

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

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

Myers and will not be returned.

3.8.4. Submittal Requirements

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

Questionnaire".

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

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

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

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

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

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

Required Documents

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

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

Include the corporate address and state of incorporation.

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

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

3.9. Questions and Addenda

3.9.1. Submittal of Questions

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

3.9.2. Authority of Addenda, Responses, and Revisions

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

Requests for interpretations must be submitted through the OpenGov portal. Failure to review and comply with the latest addenda or interpretations will not relieve the Consultant of their obligations under the solicitation or the resulting Agreement. No oral interpretations will be provided. All official interpretations will be issued as written addenda or response to a question and made available via OpenGov. The City is not responsible for the distribution of addenda or other solicitation-related information to Consultants who fails to register in OpenGov.

3.9.3. Modification of Solicitation Documents

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

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

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

3.10. Modification and Withdrawal of Submittals

3.10.1. Modifying or Withdrawing Submittals

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

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

3.10.2. Withdrawal Due to Material Mistake

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

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

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

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

3.11. Opening Submittals 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

Statutes.

3.12. Reserved Rights

3.12.1. Request for Additional Information

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

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

• Evidence of financial resources and the ability to provide and maintain the required system and/or services. Additionally, the City may conduct investigations into the qualifications of any

Consultant, which may include background checks.

3.12.2. Flexible Award Options

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

3.12.3. Rejection of Submittals

The City reserves the right to:

• Reject any and all Submittals.

• Waive any and all informalities.

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

• Reject any submittal if it is determined that awarding to the Consultant is not in the City’s best interest, including cases where

• The Solicitation is not responsive.

• The Consultant is unqualified or has questionable financial ability.

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

City.

3.13. Irrevocable Offer

By submitting a response to this Request for Qualification, the Consultant agrees that their submittal constitutes an irrevocable offer an offer to the City. 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 Request for Qualification under the terms, conditions outlined in their submittal. Compensation shall be negotiated pursuant to F.S.

§ 287.055 following ranking.

3.14. Award of Agreement

3.14.1. Formal Award

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

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

The Agreement shall include the established Professional Services Agreement and incorporate by reference this Solicitation, any addenda, and the Consultants submittal. This Contract shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any legal action arising out of or relating to this contract shall be in a court of competent jurisdiction located in Lee County, Florida.

3.14.2. Multiple Awards

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

3.14.3. Purchase Order

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

3.15. Form of Agreement

The City’s intention is to use the attached Agreement (Draft). Any requested revisions to the

Agreement must be submitted using the question and answer tab in OpenGov and resolved prior to solicitation closing. Any revisions to the Agreement will be shared via an addendum.

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

3.16. Execution of Agreement

Following successful negotiations, the Consultant shall execute the Professional Services

Agreement. Upon approval by the City Council, the Consultant must submit all required insurance documentation and any other required materials within fifteen (15) calendar days of receiving the fully executed Agreement. Failure to timely execute the Agreement and submit required documentation may result in termination of negotiations and commencement of negotiations with the next-ranked Consultant. Electronic signatures are accepted under the

Florida Uniform Electronic Transaction Act (F.S. 668.50).

3.17. Protest Procedure

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

Policy, which can be accessed at the following link:

City of Fort Myers Procurement Policy (PDF)

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

3.18. Post Award Debriefing of Proposers

A Consultant may submit a written request for a debriefing to the designated procurement representative no later than thirty (30) calendar days following Council approval of the award.

Upon receipt of the request, the procurement representative will schedule the debriefing with the Consultant, which may be conducted in person, virtually, or by telephone.

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

• An overview of the solicitation requirements.

• The final overall ranking of all proposals.

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

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

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

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

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

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

4. INSURANCE

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

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

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

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

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

Requirements Table is also attached to the solicitation.

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

4.1. Required Standard Insurance Coverages

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

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

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

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

4.2. Professional Liability

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

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

5. GENERAL TERMS & CONDITIONS

5.1. Current Capacity

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

Questionnaire.

5.2. Independent Proposal Affirmation

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

5.3. Legal Requirements

1. Compliance with Laws and Regulations

The Consultant shall, at its sole cost and expense, comply with all applicable federal, state, and local laws, statutes, codes, ordinances, rules, regulations, orders, and requirements relating to the performance of the Work and this Agreement, including, but not limited to, those governing taxation, licensing, labor, employment, workers’ compensation, nondiscrimination, public safety, records retention, cybersecurity, and procurement.

2. Background Screening

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

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

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

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

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

4. Conflict of Interest

The award of this solicitation and any resulting Agreement is subject to section 112.313, Florida

Statutes. The Consultant shall disclose in writing the name of any officer, director, employee, or agent of the Supplier who is also an employee or elected official of the City. The Consultant shall also disclose the name of any City employee or elected official who owns, directly or indirectly, any interest in the Consultant or any affiliated entity participating in this Agreement.

https://www.flsenate.gov/Laws/Statutes/2021/Chapter435 https://www.flsenate.gov/Laws/Statutes/2025/0337.168 https://m.flsenate.gov/Statutes/119.07 https://m.flsenate.gov/Statutes/119.07 https://www.flsenate.gov/Laws/Statutes/2021/112.313 https://www.flsenate.gov/Laws/Statutes/2021/112.313

5. Cybersecurity

The Consultant shall comply with section 119.0725, Florida Statutes, and shall implement reasonable administrative, technical, and physical safeguards to protect confidential, exempt, and sensitive information from unauthorized access, disclosure, or use.

6. Employment Eligibility Verification (E-Verify)

Pursuant to section 448.095, Florida Statutes, the Consultant and all Subconsultants shall register with and use the E-Verify system to verify the employment eligibility of all newly hired employees. The Consultant shall require each Subconsultant to provide an affidavit stating that the Subconsultant does not employ, contract with, or subcontract with an unauthorized alien.

The Consultant shall maintain copies of such affidavits for the duration of the Agreement.

Failure to comply with section 448.095, Florida Statutes, may result in termination of this

Agreement and any other remedies available by law.

7. Equal Employment Opportunity

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

8. Florida Public Records Law

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

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

Statutes, the Contractor shall:

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

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

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

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

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

https://www.flsenate.gov/Laws/Statutes/2021/112.313 https://www.flsenate.gov/Laws/Statutes/2020/448.095 https://www.flsenate.gov/Laws/Statutes/2021/287.134 https://www.flsenate.gov/Laws/Statutes/2025/Chapter119

IF THE CONTRACTOR HAS QUESTIONS REGARDING

THE APPLICATION OF CHAPTER 119, FLORIDA

STATUTES, TO THE CONTRACTOR’S DUTY TO

PROVIDE PUBLIC RECORDS RELATING TO THIS

AGREEMENT, CONTACT THE CITY’S CUSTODIAN OF

PUBLIC RECORDS AT:

City Clerk

2200 Second Street

Fort Myers, Florida 33901

Phone: (239) 321-7042Email:

jgravitt@fortmyers.gov

9. Foreign Corporations

Pursuant to section 607.1501, Florida Statutes, a foreign corporation transacting business in

Florida shall obtain a certificate of authority from the Florida Department of State prior to entering into this Agreement unless otherwise exempt by law.

10. Human Trafficking

Pursuant to section 787.06(13), Florida Statutes, the Consultant shall provide an affidavit, signed under penalty of perjury by an authorized representative, certifying that the Consultant does not use coercion for labor or services. This document must be submitted as requested in the Submission Questionnaire Section.

11. Non-Collusion

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

12. Public Entity Crimes

Pursuant to section 287.133, Florida Statutes, Consultant understands a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a

Consultant, supplier, Subconsultant, under a contract with any public entity; and may not https://www.flsenate.gov/Laws/Statutes/2021/0607.1501 https://www.flsenate.gov/laws/statutes/2013/787.06 https://www.flsenate.gov/Laws/Statutes/2018/287.133 transact business with any public entity in excess of $35,000 for a period of 36 months following the date of being placed on the convicted vendor list.

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

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

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

14. Records Retention and Audit Rights

The Consultant shall provide the City, the State of Florida and its applicable agencies, including the Florida Division of Emergency Management, FEMA, the U.S. Department of Homeland

Security, the DHS Office of Inspector General, the Comptroller General of the United States, and their respective authorized representatives access to all books, documents, papers, and records directly pertinent to this Contract for purposes of audit, examination, excerpt, and transcription.

If any litigation, claim, audit, negotiation, or other action involving the records is initiated before expiration of the retention period, the records shall be retained until completion and resolution of all issues arising therefrom.

15. Scrutinized Companies

Pursuant to section 287.135, Florida Statutes, Consultant certifies at the time it submits a bid or proposal for a contract or before the Consultant enters into or renews a contract…