Downtown_Historical_District_Sidewalk_Pressure_Washing_and_Maintenance_(Addendum_#3_Revision).pdf

ITB 26-016

Downtown Historical District Sidewalk Pressure Washing and Maintenance

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

Downtown Historical District Sidewalk Pressure Washing and Maintenance, ITB 26-016

TABLE OF CONTENTS

1. INTRODUCTION

2. PROJECT DETAILS / SCOPE OF WORK

3. INSTRUCTIONS

4. SOLICITATION TERMS AND CONDITIONS

5. CONTRACT TERMS AND CONDITIONS

6. INSURANCE

7. DEFINITIONS

8. SUBMISSION QUESTIONNAIRE

9. SCHEDULE OF VALUES

10. DRAFT CONTRACT

1. INTRODUCTION

1.1. Summary

Summary

The City of Fort Myers CRA (CRA) requests submittals from interested and qualified

Respondents to provide professional pressure-washing company to provide monthly pressure washing services in the downtown historical district.

Background

CRA

Since 1984, the Community Redevelopment Agency (CRA) has managed redevelopment trusts to revitalize blighted areas in the City of Fort Myers. This reinvestment can take the form of public infrastructure, residential and commercial grant programs, public arts, affordable housing development, safety initiatives and historic preservation.

If left under-resourced, parts of our city risk remaining overlooked, affecting community spirit, and slowing economic growth. This lack of redevelopment doesn't just impact current residents, it also discourages potential new businesses and families from making our city their home.

Imagine a city where every neighborhood is a beacon of growth and community spirit, a place where residents enjoy sustainable, thriving spaces and businesses benefit from a vibrant economic environment. This is the future we're creating. The CRA was created in 1984 by the

City of Fort Myers, Florida, under Florida Statute Chapter 163. The Fort Myers City Council members, sitting as the Community Redevelopment Agency Board of Commissioners, oversee the CRA’s programs and policies. The CRA office is located at 1400 Jackson Street in the historical downtown River District.

1.2. Advertisement

ITB 26-016 Downtown Historical District Sidewalk Pressure Washing and Maintenance

The Fort Myers Community Redevelopment Agency is seeking submittals for ITB 26-016 Downtown

Historical District Sidewalk Pressure Washing and Maintenance. Submissions must be received electronically on or before Friday, March 20, 2026 at 2:00 pm. Interested participants are encouraged to download the solicitation documents. For more details visit https://procurement.opengov.com/portal/cityftmyers

CITY OF FORT MYERS

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

Mary Hagemann, City Clerk RUN DATES: Monday, February 9, 2026

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:

Community Redevelopment Agency

1.4. OpenGov Portal

The Fort Myers Community Redevelopment Agency 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. Contractors 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 CRA will not be responsible for a Contractors inability to submit a response by the end date and time for any reason, including issues arising from the use of OpenGov.

1.5. Timeline

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

Solicitation Release Date: February 9, 2026

Pre-Submittal Meeting (Non-Mandatory): February 18, 2026, 11:00am

Patio De Leon - Central Patio Area

1446 Hendry St

Fort Myers, FL 33901

Question Submission Deadline: March 4, 2026, 2:00pm

Submission Deadline: March 20, 2026, 2:00pm

Proposed City Council Approval Date: April 6, 2026

1.6. Pre-Submittal Meeting

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

2. PROJECT DETAILS / SCOPE OF WORK

2.1. Mandatory Minimum Qualifications

1. The Contractor shall hold any necessary license(s) authorizing them to do business in the

State of Florida.

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

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

4. Contractor is required to inform the CRA of any relevant legal or ethical issues. Specifically, they need to disclose:

4.1. Judgments: Any court decisions against them.

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

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

(actions that are morally reprehensible).

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

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

The Contractor will be required to maintain the Minimum Qualifications Requirements during the term of the Contract and any contract renewals.

2.2. Scope of Services

Downtown Fort Myers Historical District

Sidewalk Pressure Washing and Maintenance

Purpose

The purpose of this Scope of Work (SOW) is to establish the requirements for professional sidewalk pressure washing and maintenance services within the Downtown Fort Myers Historical District. The

Contractor shall provide all labor, materials, equipment, supervision, and transportation necessary to complete the services described herein.

Service Frequency and Schedule

• Pressure washing shall be performed once (1) per week for the first three (3) full weeks of each month.

• The fourth and/or fifth week of each month shall serve as an off week unless otherwise directed by the CRA.

• A detailed cleaning calendar and schedule of work areas will be provided by the CRA upon contract award.

• Work shall generally be performed during non-peak pedestrian hours (e.g., early morning or late evening to minimize public disruption.

• Any schedule adjustments due to holidays, special events, or weather shall be coordinated with the City's Parks and Beautification Division.

Work Areas and Parameters

Services shall include, but are not limited to, pressure washing and maintaining all sidewalks and designated pedestrian areas within the following location:

1. Dean Street o West Side: From Bay Street to First Street o East Side: From Bay Street to First Street

2. Starbucks o North side along storefront facing First Street.

3. Broadway Avenue o West Side: From First Street to Main Street

4. Main Street o North Side: From Broadway to Hendry Street

5. Hendry Street o West Side: From Bay Street to Main Street

6. First Street o North Side: From Monroe Street to Jackson Street o South Side: From Monroe Street to Jackson Street

7. Bayview Court o From Bay Street to First Street

8. Bay Street o South Side: From Dean Street to Hendry Street

9. Patio De Leon o East Side Entry o South Side Entry o North Side Entry o Central Patio Area

Scope of Service

The Contractor shall:

• Perform pressure washing of all designated sidewalks, curbs, and entry areas to remove dirt, grime, gum, spills, and other debris.

• Utilize environmentally safe cleaning products approved by the CRA.

• Ensure that wastewater is contained and disposed of in accordance with local, state, and federal environmental regulations (no runoff into storm drains)

• Report any observed damage, safety hazards, or graffiti to CRA stall immediately.

• Maintain a clean and safe work area during all operations.

• Provide all equipment, water, hoses, and fuel necessary to complete the work.

Quality Standards

• Surfaces shall be left clean, free of debris, stains, and residues after each service.

• Work shall not cause any damages to adjacent buildings, landscaping, or public property.

• The Contractor shall ensure minimal disturbance to pedestrians and nearby businesses.

• The CRA reserves the right to perform inspections and require rework at no additional cost if cleaning standards are not met.

Safety and Compliance

• The Contractor shall comply with all applicable OSHA, EPA, and the City of Fort Myers safety regulations.

• Proper signage and pedestrian safety measures shall be in place during all operations.

• All employees shall wear appropriate personal protective equipment (PPE) and identifiable uniforms or badges.

Communication and Reporting

• The Contractor shall maintain regular communication with the CRA's designated Project

Manager.

• A service log or report shall be submitted monthly, detailing areas cleaned,

3. INSTRUCTIONS

3.1. Procurement Information

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

It is the responsibility of Contractor 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 CRA reserves the right to issue an award or a recommendation of award at any time following the scheduled solicitation opening date.

3.2. Americans With Disabilities Act

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

Contact Information:

Procurement Services

2200 Second Street, Fort Myers, FL 33901

Email: ProcurementServices@fortmyers.gov

Phone: (239) 321-7240

3.3. Introduction

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

The CRA reserves the right to accept or reject any or all submissions and to waive irregularities or technicalities, as deemed in the best interest of the CRA. All decisions made by the CRA regarding these matters shall be final and binding.

3.4. Solicitation Documents

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

Solicitations to access solicitation information. It is the responsibility of the Contractor to ensure correct registration information is provided. The CRA will not be held liable for any issues arising from incorrect or incomplete contact information.

1. Use of Official Solicitation Documents

All submittals must be prepared using the solicitation documents provided in this solicitation.

The CRA assumes no responsibility for errors or misinterpretations resulting from the use of incomplete or unofficial solicitation documents.

2. Purpose of Solicitation Documents

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

3. Right to Cancel

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

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

3.5. Responsibilities of the Consultant/Contractor

(choose Consultant/Contractor in title, then remove this note)

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

1. Download Official Solicitation Documents

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

2. Thoroughly Review Documents

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

3. Following the Project/Solicitation

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

4. Review Addenda & Notices

It is the responsibility of the Contractor to review, understand, and factor into their bid/proposal all addenda and answers to questions that are submitted via the OpenGov portal. See

"Questions and Addenda Guidelines".

All addenda and updates will be made available exclusively via OpenGov. Contractor is advised to regularly check the portal for any updates related to this solicitation.

5. Consider Applicable Laws and Regulations

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

6. Correlate Observations with the Solicitation Documents

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

7. Report Conflicts or Discrepancies

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

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

8. Review the Draft Contract

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

mailto:procurementservices@fortmyers.gov

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

• Any exceptions to the standard contract should be submitted as a question in the Q&A module before the question deadline. If the question deadline has passed, exceptions should be clearly noted in the Submission Questionnaire.

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

9. Right to Modify Contract

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

3.6. Questions and Addenda Guidelines

1. Submission of Questions

All questions regarding the meaning or intent of the solicitation documents shall be submitted through the OpenGov Portal. Only questions received before the deadline specified in the solicitation timeline shall be considered. Written responses to questions will be binding via addenda or the "Questions & Answers" feature in OpenGov. Oral or other informal interpretations or clarifications have no legal effect. Any addenda issued electronically during the solicitation period shall become part of the solicitation and will be incorporated into the resulting contract.

2. Authority of Addenda and Revisions

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

Requests for interpretations must be submitted through the OpenGov Portal. Failure to review and comply with the latest addenda or interpretations will not relieve the Contractor of their obligations under the solicitation or the resulting contract. No oral interpretations will be provided. All official interpretations will be issued as written addenda and made available via

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

3. Modification of Solicitation Documents

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

3.7. Interpretation of Solicitation and Addenda

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

3.8. Incorporation of Procurement Policy and Ordinance

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

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

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

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

Code of Ordinances and Procurement Policy.

3.9. Submittal Preparation

1. Preparation of Response

Contractor 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.

2. Incurred Expenses

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

3. Proprietary Information

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

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

3.10. Submission Requirements for Invitation to Bids

1. Official Submission Portal

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

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

Contractor is responsible for uploading their submittals directly into the OpenGov portal. The representative authorized to bind the Contractor 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 stated in the solicitation timeline. The OpenGov portal time clock serves as the official time for determining timeliness. Submittals will not be accepted after the deadline.

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

3. Instructions for Uploading Submissions

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

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

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

4. Mandatory Minimum Qualification Documentation

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

5. Required Documents

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

6. Corporate Submittals

Must be executed in the corporate name by the President, Vice-President, or another corporate officer with evidence of signing authority.

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

The corporate address and state of incorporation must be included below the signature.

7. Partnership Submittals

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

8. Litigation History

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

9. Proprietary Information

Public Records and Confidentiality

In accordance with Chapter 119 of the Florida Statutes (Public Records Law) and unless otherwise exempt by applicable law:

Solicitation documents and responses are public records and will be made available upon notice of award or 30 days after the solicitation closing date, whichever occurs first.

Contractor 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.

Redacted Copy Requirement

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.

CRA’s Judgment on Disclosure

The CRA 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.

Ownership of Submittals

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

Fort Myers and will not be returned.

10. Electronic Pricing Form Instructions

All submittals must be completed through the OpenGov portal. Paper responses will be deemed non-responsive, except as provided under the Americans with Disabilities Act.

Pricing Instructions

Submission Process

Log into your OpenGov account, navigate to the relevant solicitation, click

“Draft Response,” complete the requested information, upload required attachments, and submit.

Unit and Extended Prices

Enter unit prices for each item, if applicable. In case of discrepancies between unit prices and extended prices, the unit prices will prevail.

Inclusive Pricing

Prices quoted must include all associated costs such as shipping, delivery, unpacking, setup, installation, testing, cleanup, training, and travel. No additional charges beyond those listed on the price sheets will be accepted.

11. Binding Submissions

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

12. Late Submissions

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

3.11. Conformance to Solicitation

1. Compliance with Mandatory Requirements

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

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

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

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

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

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

2. Submitting Requests for Waivers or Amendments

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

Important Note:

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

3.12. Modification and Withdrawal of Submissions

1. Modifying or Withdrawing Submissions

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

2. Withdrawal Due to Material Mistake

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

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

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

3.13. Opening Submissions for Non-Construction

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

Constitution.

3.14. Irrevocable Offer

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

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

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

3.15. Evaluation and Award Process for Invitation to Bids

1. Initial Review of Submissions

Procurement Services will conduct an initial review of all submittals to ensure preliminary qualification and compliance with documentation requirements. This review may include but is not limited to

• Verification of answers to required questions.

• Confirmation of professional licensing.

• Evaluation of references.

• Review of bonding documents, if required.

• Assessment of other relevant criteria.

2. Departmental Analysis

Procurement staff will provide an overview of the submissions to the Department

Representative for further analysis. This analysis will focus on scope requirements and price evaluations.

3. Optional Discussions

At the CRA’s discretion and in its best interest, the CRA may engage in discussions with the

Contractor to clarify their submissions.

4. Recommendation and Notice of Intent to Award

The Department Representative will email their recommendation to the Procurement

Representative, which will serve as the basis for issuing a Notice of Intent to Award.

Note: A Notice of Intent to Award does not constitute a contract. Final approval and authorization rest with the CRA Advisory Board.

5. Evaluation of Contractor's Capabilities

The CRA reserves the right to evaluate the following aspects of each Contractor prior to making an award:

• Financial capability,

• Reputation and integrity,

• Skill and business experience,

• Quality of performance on similar projects.

6. Additional Research

The CRA may conduct any necessary research to assist in evaluating submissions and determining the responsibility, qualifications, and financial capability of

• Contractor,

• Proposed Subcontractor and Supplier.

• Other relevant persons or organizations.

This evaluation will ensure all parties are able to perform the work outlined in the Contract

Documents to the CRA’s satisfaction within the prescribed timeline.

3.16. Reserved Rights

1. Request for Additional Information

The CRA reserves the right to request additional information from the Contractor 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 CRA may conduct investigations into the qualifications of any Contractor, which may include background checks performed by the

Fort Myers Police Department.

2. Flexible Award Options

The CRA reserves the right to

• Make awards based on individual items, groups of items, all-or-none, or a combination thereof, potentially involving one or more suppliers.

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

3. Rejection of Submittals

The CRA reserves the right to:

• Reject any and all Submissions;

• Waive any and all informalities;

• Negotiate contract terms with the Successful Contractor;

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

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

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

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

3.17. Protest Procedure

The CRA’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. Award of Contract for Invitation to Bids

1. Purchase Order

The Purchase Order (PO) will be issued by the CRA to the selected Contractor within the time specified for acceptance, in conjunction with the contract, establishing a binding contract without further action by either party. The contract will include this Solicitation, any addenda, the Contractor’s submittal, and the established Purchase Order. This Contract shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any legal action arising out of or relating to this contract shall be in a court of competent jurisdiction located in Lee County, Florida.

2. Formal Award

• General Provisions. Contracts will be awarded in accordance with the City’s Procurement

Code, Section 38-61 of the City of Fort Myers Code of Ordinances.

• Invitations to Bid. The contract will be awarded to the responsive and responsible Contractor with the lowest overall cost, including any alternates, if applicable, following final approval by the CRA Council.

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

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

3.19. Form of Contract

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

1. Formatting Adjustments

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

2. CRA’s Right to Modify Contract Language

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

3.20. Execution of Contract from a Formal Award

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

• Any required bonds;

• Indemnities; and

• Updated insurance certificates as specified in the Solicitation.

Electronic signatures are accepted under the Florida Uniform Electronic Transaction Act (F.S.

668.50)

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

3.21. Debriefing of Proposers

Not later than thirty (30) days after CRA Advisory Board approval of a selection or shortlist, a proposer may submit a written request to the applicable contracting agent for a debriefing on the evaluation of their proposal. The contracting agent will schedule a meeting with the

Proposer for the debriefing. However, at the Proposer’s request, the debriefing may be conducted via telephone conference. The debriefing shall include the following minimum information:

• Key requirements of the solicitation.

• The overall ranking of all proposals.

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

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

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

• Responses to any relevant questions of the Proposer.

Untimely debriefing requests will also be considered.

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

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

• Requesting documentation of or considering a Contractor’s social, political, or ideological interests when determining whether the Contractor is responsible.

• Giving preference to a Contractor based on their social, political, or ideological interests.

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

3.23. Identification of Variances

The Contractor 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 Contractor’s questionnaire. If no variances are identified in the submittal, the

CRA will assume that:

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

• The Contractor agrees to all terms and conditions outlined in the attached Draft

Contract.

Failure to disclose variances may result in the Contractor being held to full compliance of the

Solicitation requirements.

3.24. Cone of Silence

Contractor 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 CRA posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee of the city concerning any aspect of this solicitation, except in writing to the Procurement Officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response.

4. SOLICITATION TERMS AND CONDITIONS

4.1. Assignment, Transfer and Subcontracts

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

1. the merger or consolidation of the Contractor with a third party; or

2. the disestablishment of the Contractor's professional practice and the establishment of the successor Contractor. Nor shall the Contractor subcontract any of its service obligations hereunder to third parties without prior written approval of the CRA. The Contractor shall have the right, subject to the CRA’s prior written approval, to employ other persons and/or firms to serve as Subcontractor/Subconsultants to Contractor in connection with the Contractor performing services and work pursuant to the requirements of this Agreement. The Contractor must notify the Procurement Services Department of any change, complete a new vendor registration form, provide an updated W-9, provide an updated certificate of insurance, provide a new E-Verify Memorandum of Understanding, and provide written notification of such change on official company letterhead.

4.2. Business Relationship and Disclosure

The Contractor must comply with Florida Statute 112.313.

4.3. Cybersecurity

Contractor must be aware of Florida Statute 119.0725 regarding cybersecurity and protection of confidential information.

4.4. Delivery

Material, equipment, and services shall be provided only by authorized Purchase Orders issued by Procurement Services. Failure of the Contractor to provide commodities/services as specified or to promptly replace damaged or defective products shall render Contractor liable for all costs in excess of the contract price when alternate procurement is necessary.

Delivery shall be F.O.B. Final Destination, to a location within the CRA as designated on the

Purchase Order.

4.5. Drug-Free Workplace

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

Section 287.087, unless otherwise stated in the solicitation.

4.6. Eligible Users / Piggyback Option

1. Departments All departments of the CRA are eligible to use this contract.

2. Other Government Agencies At the option of the awarded Contractor, any submission in response to this Solicitation constitutes a Proposal made under the same terms and conditions, https://www.flsenate.gov/Laws/Statutes/2021/112.313 https://www.flsenate.gov/Laws/Statutes/2022/0119.0725 for the same Contract price, to other governmental agencies. Each governmental agency desiring to accept these submissions, and make an award thereof, shall do so independently of any other governmental agency. Each agency shall be responsible for its own purchases and each shall be liable only for materials and/or services ordered and received by it, and no agency assumes any liability by virtue of this Proposal.

4.7. Equipment

The Contractor is solely responsible for all damage or loss by fire, theft or otherwise, to materials, tools, equipment, and consumables, left on CRA property by the Contractor.

4.8. Equivalent or Substitute Items

The materials and equipment described in the Solicitation Documents establish a standard of required function, dimension, appearance, and quality to be met by a proposed substitution. No substitution will be considered unless written request for approval has been submitted by the Contractor and has been received by the CRA at least fifteen days prior to the date for receipt of the submittal. Each such request shall include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitute including drawings, cuts, performance and test data and any other information necessary for an evaluation. A statement setting forth any changes to other materials, equipment or work that use of the substitute would require, shall be included. The Contractor shall bear the burden of proof regarding the merit of the proposed substitution. Such approval will be issued by Addendum to all prospective Contractors. Contractors shall not rely upon approvals made in any other manner.

4.9. Failure to Enforce

Failure by the CRA at any time to enforce the provisions of the contract shall not be construed as a waiver of any such provisions. Such failure to enforce shall not affect the validity of the contract or any part thereof or the right of the CRA to enforce any provision at any time in accordance with its terms.

4.10. Florida Civil Rights Act (FCRA)

The Contractor shall comply with provisions of Florida Statutes Chapter 760 the Florida Civil

Rights Act (FCRA), that protects individuals from discrimination in employment, housing, and public accommodations based on characteristics such as race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status.

4.11. Force Majeure

Neither party shall be held liable for any damages or delays in performance caused by events beyond their reasonable control. Such events include, but are not limited to, acts of God, strikes, lockouts, wars, acts of terrorism, riots, actions or orders of governmental authorities, extraordinary weather conditions, natural disasters, pandemics, or other unforeseen events that could not have been reasonably anticipated or prevented by either party. Each party agrees to notify the other promptly of any such event that may cause a delay in performance.

https://www.flsenate.gov/Laws/Statutes/2021/Chapter760/PART_I

4.12. Foreign Corporation

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

4.13. Holidays, City Recognized

CRA recognized holidays include New Years Day, Martin Luther King Day, Presidents Day, Memorial Day, Juneteenth, July 4th, Labor Day, Veterans Day, Thanksgiving Day, the day after

Thanksgiving, and Christmas Day.

4.14. Human Trafficking

Effective July 1, 2024, pursuant to §787.06(13)(a), Florida Statutes, when a contract is executed, renewed, or extended between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services. Prior to contract execution, extension or renewal, the nongovernmental entity shall complete and submit the form under the attachment section.

4.15. Immigration Laws

The CRA will not intentionally award CRA Contracts to any Contractor who knowingly employs unauthorized alien workers, constituting a violation of the Employment Provisions contained in 8

U.S.C. Section 1324 a(e) Section 274a(e) of the Immigration and Nationality Act (“INA”).

The CRA may not consider employment by any Contractor of unauthorized aliens a violation of

Section 274a(e) of INA. Such violation by the recipient of the employment provisions contained in

Section 274a(e) of the INA shall be grounds for unilateral cancellation of the contract by the CRA.

Contractor attests that they are fully compliant with all applicable Immigration Laws (specifically to the 1986 Immigration Act and Subsequent Amendments).

4.16. Independent Proposal Affirmation

By submitting a Response, a Contractor 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.

4.17. Inspections and Testing

If the Contract Documents or any codes, laws, ordinances, rules or regulations are of any public authority having jurisdiction over the Project requests any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the CRA the requested certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the CRA.

4.18. Laws - Federal, State, and Local

Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, administrative rules, regulations and requirements applicable to the

Project, including but not limited to those dealing with taxation, workers’ compensation, equal employment and safety.

If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the CRA in writing.

4.19. Liability for Errors

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

4.20. Non-Collusion

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

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

4.21. Non-Discrimination

Contractor certifies that they will:

1. Implement an employment nondiscrimination policy prohibiting discrimination in the performance of the contract in the hiring, discharging, promoting or demoting, matters of compensation, or any other employment-related decision or benefit on account of actual or perceived race, ethnicity, color, religion, national origin, gender, disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status;

2. Not discriminate in the performance of the contract on account of actual or perceived race, ethnicity, color, religion, national origin, gender, disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status;

3. Provide a harassment-free workplace, with any allegation of harassment given priority attention and action by management;

4. Incorporate the foregoing requirements in all subcontracts related to its contract with the

CRA.

4.22. Patents, Royalties and Copyrights

The Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work, and if to the actual knowledge of the CRA, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by the CRA in the Contract Documents.

4.23. Price Be Held Firm

All prices must include delivery. Pricing must be firm for the delivery schedule quoted herein unless specified under "Price Adjustment".

4.24. Pricing

1. Additional charges All additional charges such as installation, shipping, insurance, normal service consumables, shop supplies, environmental fees, administration fees, etc. must be included in your proposal. CRA will not be responsible for any type of miscellaneous surcharges or fees. The Contractor may not add any additional fees to the order including, but not limited to, special handling charges, hazardous materials fees, fuel surcharges, etc. after award without written CRA approval.

2. Goods Orders The Contractor will adhere to the following:

• Delivery costs will be included in your unit price, unless otherwise indicated;

• Minimum order quantities are not allowed for this solicitation;

• Unit pricing…