Disaster_Debris_Monitoring_Services.pdf

RSQ 0020-24

Disaster/Debris Monitoring Services

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

Disaster/Debris Monitoring Services, RSQ 0020-24

TABLE OF CONTENTS

I. Project Details II. Evaluation Criteria

III. Instructions to Respondents IV. General Conditions

V. Special Conditions VI. Insurance Requirements

VII. Minority Business Enterprise

VIII. Definitions IX. Vendor Submissions

1. Project Details

1.1. Important Instructions for Electronic Submittal

The City of Fort Myers is accepting electronic bid submissions. Bidders shall create a FREE account with OpenGov Procurement by signing up at https://procurement.opengov.com/signup.

Once you have completed account registration, browse back to this page, click on "Submit

Response", and follow the instructions to submit the electronic bid.

1.2. Minimum Qualifications of Respondents

A. The Respondent(s) shall hold a current license from the State of Florida as required for each discipline.

B. Respondent(s) shall have been in business under the current company/firm name for a minimum of three (3) consecutive years (verified through Sunbiz.org).

C. Respondent shall have no record of judgments, bankruptcies, pending lawsuits against the City or criminal activities involving moral turpitude and not have any conflicts of interest that have not been waived by the City Council.

D. Neither Respondent 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.

E. To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five (5) days of Owner’s request written evidence, such as financial data, previous experience, present commitments and other such data as may be called for below (or in the Supplementary Instructions)

Following the opening, Respondents that do not meet the Minimum Qualification Requirements as set forth in this solicitation will not be considered further. The awardee will be required to maintain the Minimum Qualification Requirements during the term of the Contract and any contract renewals.

1.3. Term of Contract

The contract is anticipated to begin December 1, 2024, and end December 31, 2029, or when the next successful contract is executed, whichever is later.

1.4. Scope of Work

General Overview of Tasks:

The following debris monitoring activities are divided into pre and post event tasks. Pre-event tasks are to be provided as described below. Post-event tasks will be assigned at the direction of the City and are based on event severity and the City’s need for services; not all tasks will be assigned for all events.

https://procurement.opengov.com/signup

Pre-event

Overview:

The Contract provides assistance in the preparation for disasters through participation in meetings, workshops, and the establishment of data management and other integrated systems.

The Pre-event tasks are to be at no charge to the City.

Task 1 Information updates:

By December 1, 2024 and annually thereafter before June 1st:

• Provide for City approval a detailed debris monitoring training program, including dates of completion for each full time employee. Training program must, at a minimum, meet the training requirements for debris monitors as outlined by FEMA. All temporary personnel supplied to the City under this agreement must be sufficiently trained according to this program.

• Provide annually (with training program), a list of key personnel and temporary service agencies that will be utilized during a City disaster debris monitoring event.

• Provide and maintain current contact names for project director(s), cell phone numbers, and e-mail addresses.

Task 2 Workshops: annually by June 1st

Participate in annual pre-hurricane workshops and/or planning meetings with the City, its municipal representatives, debris clean-up contractors, etc. to establish/review applicable policies and procedures for upcoming hurricane season.

Task 3 Training: annually by June 1st

Conduct 1-2 day annual training on debris monitoring for City and municipal agencies.

Task 4 Management Plan

The

Post-Event

Overview:

As a result of hurricane or other disaster, the Contractor provides assistance with load inspections related to storm debris cleanup being performed by one or more debris collection contractors or municipal agencies.

Contractor shall supply sufficient number of trained monitors and trained supervisors to accommodate the volume of debris to be removed at collection sites and debris staging areas.

Contractor shall supply supervisors as directed by the City to oversee crew leaders. The City, based on geographical locations of debris monitoring teams and the scope of the project, shall determine the number of supervisors required.

Contractor shall supply an initial work force of up to 24 monitors, as directed by the City, within

14 days of notification to proceed.

Contractor shall designate a single point of contact to assist City Representative with scheduling of monitors and coordination of ticketing and load verifications.

Contractor shall remove any of its employees from the City’s service, immediately upon notice from contract administrator or representative. Contractor shall replace any dismissed employees within 24 hours of the City’s notice.

Contractor’s employees shall not present themselves as City employees and shall not direct or quote policy to the customers. Requests for information related to collection schedules and/or debris operations shall be referred to City staff.

Contractor will use the Automated Debris Management System (ADMS), the Contractor will provide all of the necessary equipment needed for the size and scope of the event and shall ensure that a sufficient number of units are available to ensure that there are no upsets. Additionally, the ADMS system must be capable of providing data in a format that is compatible with the debris management contractor’s data base or easily exported to Excel for reconciliation.

Post Event:

Task 1 Debris Estimations:

At the direction of the City, the contractor shall review City debris estimations, make staffing level recommendations and supply the requested number of personnel based on the volume of material and geographical severity of the disaster.

Task 2 Collection Vehicle Certification:

As directed by the City the contractor shall perform initial vehicle certifications as well as follow up re-certifications as needed.

• Receive incoming collection vehicles at designated “certification site(s)”

• Measure collection vehicle capacity using FEMA approved method

• Calculations shall include all “deductions” for non-usable volumes such as, dog houses, sloped or rounded bulk heads and/or tailgates.

• Certifications must include separate calculations for sideboards if so equipped so as to be easily identified as a “deduct” at the disposal area in the event that these items are removed.

• Sideboards, tailgate type, and any other notable equipment must be indicated on the certification form

• All other required fields on the vehicle certification forms must be legibly completed

• Prepare certification “placard” decal for collection vehicles and apply as to be visible from the driver’s side of the vehicle. Photographs should be taken at this time with the certification decal clearly identifiable in the photographs.

• Photographic records of all certified vehicles shall be maintained, supplied to the City, and made available for inspection and review as needed.

• Certifications shall be maintained in a data base with real time updates to the field.

• A complete certification list shall be provided to each disposal site for reference.

• Copies of the certification forms and certified vehicle list shall be provided to the City and the debris collection contractor at a minimum daily when new certifications are added.

• Electronic certification forms must include all vehicle information described above and be maintained in a database that is accessible to view and audit by the City and its debris management contractor. For verification purposes, certification files must be accessible at all stages of the debris monitoring & management activities; e.g. available to view at collection & disposal sites.

Task 3 Collection Monitoring:

As directed by the City the contractor shall perform work area inspections of storm debris collection – Work Areas are as directed by the Contract Administrator. The Contractor will provide comprehensive field inspections for debris collected in assigned work areas utilizing load tickets and other documentation processes, including ADMS. These services may include any or all of the following:

• Debris monitoring of multifaceted debris collection activities in accordance with all FEMA and other Federal, State, & local debris management and collection rules, criteria, and guidelines.

• Issue and maintain a record of accurately detailed load tickets, in the field, for each loaded debris removal vehicle.

• “Tickets” must include, at a minimum, a GPS coordinate and location enabled photos of where the debris was collected, the specific monitoring employee identification information, and certified collection vehicle number. Other ticket fields shall be completed as indicated.

• Monitor the overall work performance and productivity of the debris collection vehicles. Make photographic records as appropriate.

• Remain in contact with the central dispatch/staging operations; provide detailed activity/progress reports daily or as requested.

• Verify load ticket content and sign (legibly) each load ticket before allowing the vehicle to leave the work area and proceed to the disposal site.

• Coordinate with each collection vehicle operator, that the assigned collection area is completed and specify the location where the vehicle is to return to, immediately following the delivery of its load to the disposal location.

• Identify and communicate any questions or issues in the work area that could potentially impact eligibility for cost reimbursements to the City.

• Prior to issuing a load ticket, confirm that the collection vehicle is properly tarped and that all debris is safely secure and confined within the vehicle prior to leaving the work area.

• Inspect work areas to identify and document larger bulky items such as e-waste, white goods, tree stumps, hazard trees, and construction & demolition debris requiring special pick-up or arrangements. Communicate these items to supervision as discovered.

• GPS coordinates will be provided by the contractor and used for all tree stumps and special collection items. FEMA stump removal or other special debris forms may be required to be completed by the contractor prior to scheduling collection. Items shall not be collected until authorized by the City or its representative.

• Identify potential collection issues of these areas for review by the City and its debris management contractor as needed, but at a minimum, by the close of each day.

• Maintain an electronic record using GIS mapping of the streets in which debris was previously collected for disposal. Maintain a complete record of all collection “passes” and provide to City or its debris management contractor as requested.

• Perform other related duties as directed by debris management operational office or designated City personnel.

• Contractor shall compile daily and supply weekly, for each employee, legibly signed time sheets in triplicate with the original supplied to the City representative. Each time sheet shall include, the date, hours of work performed, location of work performed, and shall be verified and signed by a City staff member supervising the associated work area. Equivalent auditable electronic time keeping methods may be approved by the

City prior to use.

• Electronic ADMS records must be secure, auditable, and be capable of accurately identifying, recording, and verifying all monitoring data including the specific staff member at each stage of the debris monitoring activities.

• Contractor shall provide a sufficient amount of “spare” ADMS units to ensure that there are no upsets to the operations.

Task 4 Monitor Temporary Debris Management Sites (TDMS):

As directed by the City, contractor shall provide TDMS inspection and recording services related to debris collected and delivered to the TDMS, including but not limited to:

• Monitor multiple contractors and multiple vehicles delivering materials to the TDMS.

• Maintain a copy of the collection vehicle certification log or database at each TDMS

• Verify each collection vehicle, delivering debris to the TDMS:

o The certified placard information and the provided load ticket must match the vehicle certification log/database and must include the placard number and the volume as provided on placard

• Confirm that collection vehicles are properly tarped when arriving at the TDMS.

• Photograph each loaded vehicle bed and attach photograph to vehicle’s load manifest/ticket or link with digital photographic records, as applicable.

• Review truck’s manifest and observe the truck bed to confirm that the truck was loaded to capacity or as described on manifest ticket. Determine loaded volume at sites where scales are not in use.

• Sign or electronically sign, inbound load tickets before permitting truck to leave the

TDMS check-in area to empty its load.

• Prior to exit from the TDMS, confirm that collection vehicles are completely empty;

vehicles that are not completely emptied will not receive a completed dump ticket until they are empty.

• Maintain all debris tickets in an organized manner for daily reconciliation and storage.

• Troubleshoot questions and problems at the TDMS and identify issues that could impact eligibility for cost reimbursements and report immediately to City representative.

• Remain in contact with the central dispatch/staging operation command center. Notify

City supervision immediately of any issues or potential issues.

• Perform other related duties as directed by City contract administrator, e.g. conduct routine and final inspections and issue closeout reports.

• Contractor shall compile daily and supply weekly, for each employee, digital time sheets with the original supplied to the City representative. Each time sheet shall include, the date, hours of work performed, location of work performed, and shall be verified and signed by a City staff member supervising the associated area. Equivalent auditable electronic time keeping methods may be approved by the City prior to use.

• Electronic ADMS records must be secure, auditable, and be capable of accurately identifying, recording, and verifying all monitoring data including the specific staff member at each stage of the debris monitoring activities.

Task 5 Data Management:

As directed by the City, the contractor shall coordinate data recording and information management systems, including but not limited to:

• Prepare detailed estimates and submit to City, its representative or Florida Department of Emergency Management (FDEM) and FEMA for use in Project Worksheet preparation.

• Implement and maintain an ADMS linking load ticket and TDMS information, including reconciliation and photographic documentation processes.

• Provide daily, weekly or other periodic reports for City and/or municipal debris managers noting work progress and efficiency, current/revised estimates, project completion and other schedule forecasts/updates.

Provide ADMS data daily, weekly, or as requested to City and its debris management contractor.

Task 6 Other Technical/Administrative Assistance:

At the direction of the City, the contractor shall provide technical assistance related to post-event response, including but not limited to:

• Electronic/GIS Route mapping

• TDMS review

• Baseline assessment

• Private property identification/discussions

• Debris Contractor management

• FEMA negotiation

Billing Cycle:

TDMS needs to support Contractor billing cycle. Backup must be available to support billing.

Unit Price/Service Negotiations:

Unknown and/or unforeseen events or conditions may require an adjustment to the stated unit prices of this Contract. Any amendments, extensions, or changes to the scope of services or unit prices are subject to full negotiations between City and Contractor and subject to the review of the government.

In addition, all costs related to labor, materials, and equipment shall be fair, reasonable, and consistent with costs set forth in the schedule of values and with the most current version of the Federal Emergency Management Agency's Schedule of Equipment Rates, to be applied at all times for implementation of this Contract.

2. Evaluation Criteria

1. Qualifications of Respondents

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

Respondent's qualifications to do business in the State of Florida, or covenant to obtain such qualification, prior to award of the contract.

2. Responsiveness

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

3. Responsibility

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

Factors that the City may evaluate to determine “responsibility” include, but are not limited to: excessively high or low priced proposals, past performance, references (including those found outside the proposal), compliance with applicable laws, respondent’s record of performance and integrity – e.g. has the respondent been delinquent or unfaithful to any contract with the City, whether the respondent is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A respondent must always have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. The City reserves the right to inspect and review respondent’s facilities, equipment, and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection.

4. Technical/Qualification Proposal

The City will determine how well proposals meet the requirements in terms of the response to the specifications and how well the offer addresses the needs of the project. The selection committee will rank offers using a point ranking system (unless otherwise specified) to conduct the evaluation.

5. Best and Final Offers

The City may request best & final offers and will determine the scope and subject of any best & final request. The Respondent should not expect that the City will ask for best & finals. The

Respondent should submit their best offer based on the terms and conditions set forth in this

Solicitation.

6. Proposal Advisory Committee and Evaluation Process Initial Review of Responses

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

Selection Committee

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

(3) members will be established to review, discuss, and evaluate all responsive Proposals submitted in response to this Request for Proposals (RFP). The Committee may utilize City staff and/or consultants as non-voting members to advise and assist the Committee in its review of the Proposals.

Preliminary Evaluation; Short Listing

The Committee may conduct a preliminary evaluation of all Proposals on the basis of the information provided and, if the Committee deems desirable in its discretion, it may elect to short list two or more Proposers using the evaluation criteria set forth in this solicitation. Upon short listing by the Committee, only those Proposers short listed shall remain eligible for further evaluation and consideration by the Committee.

Presentations

The Committee reserves the right to require oral presentations from and conduct pre-award discussion and/or pre-Contract negotiations with any or all responsive and responsible

Proposers who submit Proposals determined to be acceptable of being selected for award.

Presentations and pre-award discussions and negotiations may be limited at the discretion of the Committee to short listed Proposers. Discussions may be conducted for the purpose of clarification and to assure full understanding of, and responsiveness to, the solicitation requirements. The City will not be liable for any costs incurred by the Proposer in connection with such interviews, presentations, or negotiations (i.e., travel, accommodations, etc.).

Optional Discussion

At the discretion and in the best interest of the City, the City or Committee may conduct discussions with Proposers (or the short-listed Proposers, as applicable) or seek revision of

Proposals from Proposers (or the short-listed Proposers, as applicable) deemed to be responsible and reasonably acceptable to be selected. Such Proposers (or short-listed

Proposers) will be accorded fair and equal treatment with respect to discussion and revision of the Proposals. Revisions may be permitted after submission of Proposals and prior to award of a

Contract for the purpose of obtaining best and final offers.

Award Without Presentations

The City may evaluate and award a Contract based on responses to this Request for Proposals without discussions or oral presentations. Therefore, each response to this RFP should contain the Proposer's best terms and conditions for consideration.

Scoring and Final Ranking

Each Advisory Committee member will evaluate the proposals based on the factors set forth in the Evaluation Criteria of the Solicitation and assign a score for each criterion ranging from zero

(0) points to the maximum points allowed for each rating criteria. The individual criteria scores will then be added to determine the total score. The maximum possible total score from the

Advisory Committee is one hundred (100), before the MBE and/or Local Preference if added.

In the event of a tie, the City’s Procurement Manager, or designee, may instruct the Advisory

Committee to conduct further deliberations, evaluations, and rescoring of the Respondents until a ranking, or total score, without a tie is achieved.

The Committee will evaluate and rank the responsive Proposers deemed acceptable to be selected (or the short-listed Respondents, as applicable) as set forth in the preceding section entitled “Evaluation Criteria”. In the event that the Committee previously elected to short list

Respondents, any rankings or scores assigned as part of the short-listing process shall not be binding on the Committee or its members as part of final evaluation and Committee members may modify their scores for any and all Proposers and scoring categories as they deem appropriate in their sole discretion. The Committee shall submit the proposed rank order to the

Procurement Manager or designee after the conclusion of scheduled presentations, if any. Upon approval of the ranking by the Procurement Manager or designee, a notice of intended action shall be posted. The notice of intended action may be obtained by the Proposers as set forth in the section of this RFP titled “Request for Proposals Information”.

Authority to Award

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

Ordinance and Policy.

Reserved Right

The City, at its sole and absolute discretion, reserves the right to reject any and all, or parts of any and all proposals, to readvertise this solicitation, postpone or cancel, at any time, this solicitation process, or to waive minor irregularities and informalities in this RFP or in the proposals received as a result of this RFP. The City does not guarantee the award of any

Contract as a result of this solicitation process.

The City reserves the right to request that the Proposer provide additional information it deems necessary to evaluate, clarify, or substantiate any area contained in each submitted Proposal and to best meet the needs of the City. This includes information which indicates financial resources as well as ability to provide and maintain the system and/or services. Moreover, the

City reserves the right to make investigations of the qualifications of the Proposer as it deems appropriate, including but not be limited to, a background investigation conducted by the Fort

Myers Police Department.

7. Contract Negotiations and Acceptance

Respondent must be prepared for the City to accept the Submittal as presented. If Respondent fails to sign all documents necessary to successfully execute the final contract within a reasonable time, or negotiations do not result in an acceptable agreement, the City may reject the Submittal or revoke the award and may begin negotiations with the next highest

Respondent. Final contract terms must be approved or signed by the appropriately authorized

City official(s). No binding contract will exist between the Respondent and the City until the

City executes a written contract or purchase order.

No. Evaluation Criteria Scoring Method Weight (Points)

1. Experience o Contractor must provide/detailed descriptions of its experience, with a minimum of three government/political subdivisions, for FEMA related storm debris monitoring services typical to events that impact Florida, including

Counties, Cities, Townships, etc. with populations exceeding

100,000. Descriptions will include the following:

A. Type and duration of event

B. The number of truck certifications performed

C. The estimated volume of debris collections directly monitored

D. The number of temporary debris management sites staffed

E. The type of ticketing and record keeping system used;

F. The total dollar value of contract for services provided.

o The number of monitors provided per week

Points Based 35 (35% of Total)

2. Monitor Training Program

• Provide an annotated table of contents for monitoring training program.

Points Based 20 (20% of Total)

3. Personnel | Staffing | Recruiting

a. Provide the number of full-time staff, titles, experience, qualifications and educational background for the principal staff responsible for the City account at the time of submittal.

b. Please provide your staffing/recruiting procedures for acquiring adequate staffing to perform the described monitoring tasks. Provide this information as it relates to various stages during a disaster response. (First 24hrs, First week, etc.)

Points Based 20 (20% of Total)

4. Data Management

Describe the disaster debris monitoring system(s) used for data management;

provide detail for:

A. Experience operating under the

Davis Bacon Act and how it applies to monitoring operations.

B. Type of data collection & management system(s) used for previous events.

C. Staff scheduling and labor hour tracking system.

D. Communications system used for field staff.

Points Based 25 (25% of Total)

3. Instructions to Respondents

3.1. Instructions to Respondents

REQUEST FOR INFORMATION

Procurement Services is the official source to obtain information relating to City of Fort Myers solicitations. It is incumbent on the Respondent to obtain solicitation and current award information prior to and after the scheduled opening date of a Solicitation. Information is updated as it becomes available. An award, or recommendation of award, may be made at any time after the scheduled opening date.

APPLICABLE LAW AND APPEALS

This Solicitation is issued in accordance with and shall be governed by the provisions and procedures of Chapter 38, Article III and Article IV of the City of Fort Myers’s Code of

Ordinances which may be accessed online at:

https://library.municode.com/fl/fort_myers/codes/code_of_ordinances?nodeId=SPAADCO_CH38

FI_ARTIIIPU

or by contacting Procurement Services. Any appeal relating to this solicitation must be filed in accordance with the requirements of the City Code of Ordinances.

AMERICANS WITH DISABILITIES ACT

Persons with disabilities needing a special accommodation to participate in this proceeding should contact Procurement Services, at 2200 Second Street, Fort Myers, FL 33901, cfmpurchasing@cityftmyers.com or 239 321-7232, no later than seven (7) days prior to the date on which the accommodation is requested.

The portal will keep all files locked until the solicitation officially closes. The time clock in

OpenGov shall be the “Official Time” that shall be used in identifying the actual closing time. Submittals will not be accepted after the date and time specified. Electronic submissions are the responsibility of the Respondent.

The City will not be responsible for the distribution of addenda and/or other information regarding this request if the Respondent did not register in the City’s

Bid Portal, in OpenGov. All addenda will be provided via OpenGov.

IR-1. Introduction

To be entitled for consideration, electronic submittals shall be submitted in accordance with the instructions of this solicitation within the time stated.

The portal will keep all files locked until the Solicitation closes.

The City reserves the right to accept or reject any or all submittals and to waive minor irregularities and technicalities. The City’s decision in such matters is final.

IR-2. Solicitation Documents

Visit the City of Fort Myers Procurement Services Website https://www.cityftmyers.com/1171/Procurement-Services, follow the link to Active Solicitations to obtain solicitation information. Correct registration information is the responsibility of the supplier. The City will not be responsible for incorrect contact information.

2.01 Solicitation documents must be used in preparing submittals; the City does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete

Solicitation Documents.

2.02 The City provides solicitation documents for the purpose of obtaining submissions.

IR-3. Examination of Solicitation Documents

It is the responsibility of each Respondent, before submitting an offer to

3.01 Download solicitation documents from OpenGov. Documents from other sources are not guaranteed to be accurate.

https://library.municode.com/fl/fort_myers/codes/code_of_ordinances?nodeId=SPAADCO_CH38FI_ARTIIIPU https://library.municode.com/fl/fort_myers/codes/code_of_ordinances?nodeId=SPAADCO_CH38FI_ARTIIIPU mailto:cfmpurchasing@cityftmyers.com https://www.cityftmyers.com/1171/Procurement-Services

3.02 Examine the Documents thoroughly; it is the respondents responsibility to understand the requirements and to request additional information (via questions in OpenGov) if needed.

3.03 Consider Federal, State, and Local Laws, ordinances, codes, and Regulations that may affect cost, progress, performance or furnishing of the Work.

3.04 Study and carefully correlate Respondent’s observations with the Documents, and

3.05 Notify City of all conflicts, errors, or discrepancies in the Documents.

3.06 The Contract form that the City intends to use for the award is included with this solicitation as Exhibit “A” for reference. While this draft Contract contains standard legal language and is not routinely modified, any exceptions to this standard Contract should be clearly indicated in the Vendor’s questionnaire and Respondent understands that such exceptions may affect the evaluation of the submittal. Modification or alteration of this Contract shall only be valid if mutually agreed to in writing by the parties.

3.06.1 – The City reserves the right to make minor modifications to this contract for each specific solicitations, prior to execution of the contract.

IR-4. Interpretations and Addenda

4.01 All questions about the meaning or intent of the solicitation document are to be submitted through the OpenGov Portal. Only questions received prior to the date and time specified in the timeline will be considered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

Any addenda issued electronically during the time of solicitation shall be included in the solicitation, and each will be incorporated in the subsequent contract.

All answers to questions of substance will be publicly published. Revisions within the solicitation as well questions posed through the “Questions & Answer” feature are authoritative and shall be considered an addendum to the solicitation. All information in this Solicitation, including that provided through the 'Question and Answer' feature are incorporated into the Solicitation or any

Contract resulting from this Solicitation. Participants are required to review all addenda, revisions, and answers to questions published.

No oral interpretations will be made to Respondents as to the meaning of submittal documents.

Requests for such interpretations are to be submitted through the OpenGov Portal. Failure on the part of the Respondent to do so shall not relieve them of the obligation to execute such work in accordance with the latest interpretation by the City. All interpretations made to the

Respondent shall be made in the form of addenda to the submittal documents and posted to

OpenGov. Respondents are strongly urged to attend the pre-submittal meeting.

4.02 Addenda may also be issued to modify the Solicitation Documents as required by the City.

IR-5. Omission from the Solicitation

The apparent silence of any addendum regarding any details or the omission from the

Solicitation of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of this Solicitation shall be made upon the basis of this Contract.

The forms outlined in Attachment A must be completed and submitted with your submittal:

Failure to submit these forms may result in your submittal being deemed non-responsive, thus ineligible for award.

IR-6. Procurement Ordinance and Policy

The City’s Procurement Ordinance and Policy is incorporated into this solicitation (and, therefore, any contract awarded as the result of this solicitation) by reference. By participation in this solicitation a Respondent agrees to be bound by the City Procurement Ordinance and

Policy in any issue or action related to this solicitation or subsequent contract resulting from this solicitation.

IR-7. Submittal Preparation

7.01 Preparation

Prepare your Proposal in a clear and concise manner. Ensure that the content of your Proposal submittal is complete. Special attention should be given to the specific information, instructions and requirements of the Request for Proposals document to ensure responsiveness. Proposals that are incomplete or lack key information may be rejected. To help facilitate the review process, properly label each section or tab to correspond with your submittal information.

7.02 Incurred Expenses

The City is not responsible for any expenses which Respondents may incur in preparing and submitting Proposals including presentations or any other expenses incurred by the

Respondents.

7.03 Proprietary Information

7.03.1 In accordance with Chapter 119 of the Florida Statutes (Public Records Law), and except as may be provided by other applicable State and Federal Law, all Respondents should be aware the Request for Proposals and the responses are in the public domain after the intent to award notification or thirty (30) days after solicitation closing. Respondents are requested to identify specifically any information contained in their Proposals which they consider confidential and/or proprietary and which they believe to be exempt from disclosure to the public under applicable law, citing specifically the applicable exempting law; provided, however, that nothing shall be deemed to preclude the full disclosure without redaction of any and all information submitted by Respondents to Committee members, advisors to the Committee, and City staff and officials administering this solicitation and evaluating the proposals. A generic notation that information is “confidential” is not sufficient. Failure to provide Procurement Services with a detailed explanation and justification including statutory cites and specific reference to your

Proposal detailing what provisions, if any, you believe are exempt from disclosure, may result in your entire Proposal being subject to disclosure in accordance with Chapter 119 of the Florida

Statutes.

7.03.2 In addition to the Proposal submitted pursuant to Section 9.13, a Respondent asserting any exemptions from public disclosure regarding any portions of its Proposal shall also provide a redacted copy of its Proposal in electronic format suitable for public disclosure, redacting only such portions of its proposal identified on Attachment “E” as exempt from disclosure under an applicable law.

7.03.3 By submitting a proposal, a Respondent acknowledges and agrees that should it designate any materials submitted to the City as confidential or exempt from public disclosure, the Respondent will upon the request of City (at the City’s discretion) defend the City (and its employees, Committee members and advisors, agents, and elected and appointed officials) against all claims and actions (whether or not a lawsuit is commenced) related to the

Respondent's designation of material as confidential or exempt from public disclosure. A

Respondent shall indemnify and hold harmless the City (and its employees, Committee members and advisors, agents and elected and appointed officials) from any and all claims, actions, suits, judgements, fines, costs, fees (including attorneys' fees), related to the

Respondent’s designation of material as confidential or exempt from public disclosure.

7.03.4 Nothing herein shall be deemed to preclude the City from exercising its own judgment regarding the disclosure of records and the City may take any action that the City in good faith believes is necessary for City to comply with federal and/or Florida public records laws, including but not limited to filing a declaratory action.

7.03.5 All Proposals received from Respondents in response to this Request for Proposals will become the property of the City of Fort Myers and will not be returned.

IR-8. Submission Requirements

Respondents are responsible for uploading submittals directly into OpenGov.

Submit statements through the OpenGov portal at: https:// procurement.opengov.com/portal/cityftmyers Submittals shall be clearly marked with the

Respondent’s name, solicitation number, address, email, and telephone number and the name of the Procurement representative. The representative who is authorized, to bind the

Respondent to the submittal shall sign the qualification statement.

A submittal is timely only if received through the OpenGov portal no later than the precise date and time stated on the timeline. The official time used to determine such time, will be the time clock on the OpenGov portal. The portal will not accept submittals after the date and time set for closing.

8.01 A single PDF formatted document signed by an authorized representative must be submitted via the OpenGov portal:

8.02 Title Page – Introduction

8.03 Provide the name of Respondent's firm, address, e-mail address, telephone number, name of contact person, date, and the subject: Solicitation Number and Title

8.04 Table of contents including page numbers, bookmarked by section.

8.05 Letter of Transmittal

A. Limit to two (2) pages.

B. Briefly state the Respondent’s understanding of the services to be provided and make a positive commitment to perform the work.

C. Provide the names of anyone who is authorized to represent the Respondent, their titles, addresses and telephone numbers.

8.06 Mandatory Minimum Qualification Documentation

Provide documentation as necessary for the City to verify that the mandatory minimum qualifications in section titled "Mandatory Minimum Qualifications," have been met.

Documentation must be clear and specific.

8.07 Required Documents – (see Vendor Questionnaire)

8.08 Respondents by corporation must be executed in the corporate name by the President or

Vice-President (or other corporate officer accompanied by evidence of authority to sign), and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature.

8.09 Respondents by partnerships must be executed in the partnership name and signed by a partner whose title must appear under the signature and the official address of the partnership must be shown below the signature.

8.10 Litigation History

The Respondent shall describe whether Respondent is involved in any litigation, currently or within the last seven (7) years. Respondent shall also describe whether they have any outstanding judgments pending against Respondent.

8.11 Bankruptcy

The Respondent shall provide information on any bankruptcy proceedings for the firm or the primaries in the last seven (7) years.

8.12 Proprietary Information

In accordance with Chapter 119 of the Florida Statutes (Public Records Law), and except as may be provided by other applicable State and Federal Law, all Respondents should be aware the Request for Proposals and the responses thereto are in the public domain and will be released upon notice of award or thirty (30) days from solicitation closing, whichever comes first. Respondents must specifically identify any information contained in their Proposals which they consider confidential and/or proprietary and which they believe to be exempt from disclosure to the public under applicable law, citing specifically the applicable exempting law;

provided, however, that nothing herein shall be deemed to preclude the full disclosure without redaction of any and all information submitted by Respondents to Committee members, advisors to the Committee, and City staff and officials administering this solicitation and evaluating the proposals. A generic notation that information is “confidential” is not sufficient.

Failure to provide Procurement Services with a detailed explanation and justification including statutory cites and specific reference to your Proposal detailing what provisions, if any, you believe are exempt from disclosure, may result in your entire Proposal being subject to disclosure in accordance with Chapter 119 of the Florida Statutes.

Each Respondent must complete the “Confidential and/or Proprietary Information Section of the

Questionnaire”, included with this solicitation.

In addition to the Proposal submitted a Respondent asserting any exemptions from public disclosure regarding any portions of its Proposal shall also provide a redacted copy of its

Proposal in electronic format suitable for public disclosure, redacting only such portions of its proposal as exempt from disclosure under an applicable law.

By submitting a proposal, a Respondent acknowledges and agrees that should it designate any materials submitted to the City as confidential or exempt from public disclosure, the

Respondent will upon the request of City (at the City’s discretion) defend the City (and its employees, Committee members and advisors, agents, and elected and appointed officials) against all claims and actions (whether or not a lawsuit is commenced) related to the

Respondent's designation of material as confidential or exempt from public disclosure. A

Respondent shall indemnify and hold harmless the City (and its employees, Committee members and advisors, agents and elected and appointed officials) from any and all claims, actions, suits, judgements, fines, costs, fees (including attorneys' fees), related to the

Respondent’s designation of material as confidential or exempt from public disclosure.

Nothing herein shall be deemed to preclude the City from exercising its own judgment regarding the disclosure of records and the City may take any action that the City in good faith believes is necessary for City to comply with federal and/or Florida public records laws, including but not limited to filing a declaratory action.

All Proposals received from Respondents in response to this Request for Proposals will become the property of the City of Fort Myers and will not be returned.

8.13 Electronic Pricing Form Instructions

Procurement Services has implemented an electronic e-procurement platform to streamline the solicitation process.

All responsive Respondents to this solicitation must submit electronic responses through

OpenGov. Except as provided in the "Americans with Disabilities Act," for people needing special accommodations, to be responsive proposals for all solicitation must be submitted electronically.

Paper responses will be deemed non-responsive.

8.13.1 Pricing Instructions (if applicable)

A. Once you have logged into your OpenGov account, go to the solicitation in which you want to bid/participate on. Then click on “Draft Response,” complete the information requested, upload your bid/quote/submittal, along with all required attachments, and submit.

B. Unit prices for each item bid shall be shown (if applicable). A total shall be entered in the amount column for each item bid. In case of discrepancy between a unit price and extended price, the unit prices will prevail.

C. No additional charges, other than those listed on the price sheets, shall be made. Prices quoted will include verification/coordination of order, all costs for shipping, delivery to all sites, unpacking, setup, installation, operation, testing, cleanup, training and travel charges.

IR-9. Delivery of Submittal

Except as provided in the "Americans with Disabilities Act," for people needing special accommodations, to be responsive proposals for this solicitation must be submitted electronically. Paper responses will be deemed non-responsive.

9.01 Instructions for submitting a response

Once you have logged into your OpenGov account, go to the solicitation in which you want to bid/participate on. Then click on “Draft Response,” complete the information requested, upload your submittal, along with all required attachments, and submit.

Respondents are solely responsible for ensuring that their submittals are complete, uploaded and submitted in the e-Procurement Portal by the due date and time. The City shall not be responsible for any submission delays or failures caused by any occurrence.

9.02 Proposal Binding

All submissions submitted shall be binding for one hundred eighty (180) calendar days following opening.

9.03 Late Submissions

Late Submissions will not be accepted. Respondents shall assume full responsibility for timely upload of the Proposals.

IR-10. Conformance to Solicitation

10.01 All submittals shall meet and conform to all material, mandatory requirements set forth in this Solicitation, provided that nothing shall be deemed to limit the City’s ability to waive minor irregularities without notice or the need to issue a written addendum.

If a Respondent desires to submit an Offer which, if selected by the City, would require the City to waive, alter or omit a material, mandatory requirement set forth in this Solicitation, the

Respondent must first submit a request to the City asking the City to amend the requirements of this Solicitation in the same manner provided for the submission of written questions by

Respondents provided in the section of this Solicitation entitled “Interpretations and Addenda.”

If the City, in its discretion, agrees to amend, alter, or waive the requirement, the City shall issue notice to all prospective participants of the change in the form of a written addendum.

Any request to waive, alter, or amend a mandatory requirement of the Solicitation should be in the form of a written question that can be answered in an Addendum issued to all participants.

Please note, the City is not asking the participant to send in their submittal prior to the submission date, but merely to request a waiver or amendment to a mandatory requirement necessary to allow submission of the intended Proposal.

IR-11. Modification and Withdrawal of Solicitations

11.01 Solicitations may be modified or withdrawn by through the Respondent’s account on

OpenGov any time prior to the opening of Solicitations.

11.02 If, within twenty-four hours after Solicitations are opened, any Respondent files a duly signed written notice with City and promptly thereafter demonstrates to the reasonable satisfaction of City that there was a material and substantial mistake in the preparation of its

Solicitation, that Respondent may withdraw its Solicitation and the Solicitation security will be returned. Thereafter, that Respondent will be disqualified from further submitting on the Work to be provided under the Contract Documents.[DF3]

IR-12. Closing Date & Time

It is the Respondent’s responsibility to ensure that submittals are electronically uploaded before the date and time described herein. Offers by telephone, email or hardcopy will NOT be accepted.

IR-13. Opening Solicitations

Submittals will be publicly opened and announced by Procurement Services on the due date and time as specified[DF4] herein. The Respondent’s name and verification of bond submittal, if applicable, will be publicly announced aloud at the opening.

13.01 Instructions to join the solicitation opening virtual meeting:

a. Select a method to join

b. Join the virtual meeting.

c. See Introduction Section for the Location and/or link to the virtual Proposal

Opening.

Note: Sessions may be recorded. Please turn your camera off and mute your microphone before joining the meeting.

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