RSQ 26-039

Downtown Stormwater Drainage Improvements - First Street Flood Risk

Reduction Professional 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

Downtown Stormwater Drainage Improvements - First Street Flood Risk Reduction Professional Services, RSQ 26-039

TABLE OF CONTENTS

1. INTRODUCTION

2. SCOPE OF WORK (SPECIFICATIONS)

3. INSTRUCTIONS TO PROPOSERS

4. INSURANCE

5. GENERAL TERMS & CONDITIONS

6. SELECTION COMMITTEE AND EVALUATION PROCESS

7. EVALUATION CRITERIA

8. DEFINITIONS

9. SUBMISSION QUESTIONNAIRE

Downtown Stormwater Drainage Improvements - First Street Flood Risk Reduction Professional Services, RSQ 26-039

1. INTRODUCTION

1.1. Summary

The City of Fort Myers seeks qualified professional firms to provide comprehensive engineering, environmental, permitting, and construction phase services for stormwater drainage improvements along First Street in downtown Fort Myers. The project is funded through the

Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP), administered by the Florida Division of Emergency Management (FDEM) and CDBG-DR.

The project is intended to reduce repetitive stormwater flooding impacting approximately 1 mile

(5280 linear feet) of First Street from Edison Bridge west toward Virgina Avenue. The proposed improvements will increase stormwater system capacity to mitigate flooding associated with intense rainfall events and coastal influences, protecting roadway infrastructure, maintaining emergency access, and reducing loss of function within the downtown corridor.

The selected firm shall provide all professional services necessary to evaluate, design, permit, and support construction of stormwater infrastructure improvements, including upsized piping, culverts, drainage structures, and associated roadway restoration.

1.2. Background

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

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

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

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

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

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

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

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

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

1.3. Contact Information

Direct inquiries to the following:

Procurement Representative Name

Kirk Zimmerman, Senior Procurement Specialist

2200 Second Street

Fort Myers, FL 33901

Downtown Stormwater Drainage Improvements - First Street Flood Risk Reduction Professional Services, RSQ 26-039

Email: kzimmerman@fortmyers.gov

Phone: (239) 321-7241

Requesting Department:

Engineering (Public Works)

1.4. Advertisement

RSQ 26-039 Downtown Stormwater Drainage Improvements - First Street Flood Risk

Reduction Professional Services

The City of Fort Myers is seeking submittals for RSQ 26-039 Downtown Stormwater Drainage

Improvements - First Street Flood Risk Reduction Professional Services. Submittals must be received electronically on or before Friday, October 30, 2026 at 2:00 pm EST. Interested participants are encouraged to download the solicitation documents. For more details visit:

https://procurement.opengov.com/portal/cityftmyers.

CITY OF FORT MYERS

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

Lillianna Baker, CMC, City Clerk RUN DATES: Monday, September 28,

1.5. Cone of Silence

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

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

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

1.6. OpenGov Portal

The City of Fort Myers uses OpenGov (https://procurement.opengov.com/portal/cityftmyers) to administer the competitive solicitation process, including but not limited to soliciting responses, issuing addenda, posting results and issuing notification of an intended decision. There is no charge to register and download the solicitation from OpenGov. Respondents are strongly encouraged to read the various Guides and Tutorials available in OpenGov well in advance of their intention of submitting a response to ensure familiarity with the use of OpenGov. The City

Downtown Stormwater Drainage Improvements - First Street Flood Risk Reduction Professional Services, RSQ 26-039 will not be responsible for submittal failures caused by the Respondent’s equipment or internet connectivity. In the event of a documented system-wide OpenGov outage, the City reserves the right to extend the deadline by addendum.

1.7. Timeline

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

Release Project Date: September 28, 2026

Pre-Proposal Meeting (Non-Mandatory): October 8, 2026, 9:30am

Non-Mandatory

Fort Myers City Hall - Finance East

Conference Room

2200 Second Street, Fort Myers, FL 33901 or Virtually

Join:

https://teams.microsoft.com/meet/2734697

46705033?p=6DaGGtDgq67BfOLjF1

Meeting ID: 273 469 746 705 033

Passcode: Gr2xj63k

Dial in by phone

+1 239-205-3327,254087190# United

States, Cape Coral

Find a local number

Phone conference ID: 254 087 190#

Question Submission Deadline: October 13, 2026, 4:00pm

Submission Deadline: October 30, 2026, 2:00pm

Microsoft Teams meeting

Join:

https://teams.microsoft.com/meet/2970680

44865771?p=fbLJeHcn4wrMPBg9ST

Meeting ID: 297 068 044 865 771

Passcode: 4kb6wt3X

+1 239-205-3327,,481023022# United

States, Cape Coral

Find a local number

Phone conference ID: 481 023 022# https://teams.microsoft.com/meet/273469746705033?p=6DaGGtDgq67BfOLjF1 https://teams.microsoft.com/meet/273469746705033?p=6DaGGtDgq67BfOLjF1 https://teams.microsoft.com/meet/297068044865771?p=fbLJeHcn4wrMPBg9ST https://teams.microsoft.com/meet/297068044865771?p=fbLJeHcn4wrMPBg9ST

Downtown Stormwater Drainage Improvements - First Street Flood Risk Reduction Professional Services, RSQ 26-039

Selection Committee (Non-Mandatory): November 12, 2026, 3:00pm

City of Fort Myers City Hall, Finance East

Conference Room

2200 East Second Street, Fort Myers, FL

33901 or virtually at:

Join:

https://teams.microsoft.com/meet/2709732

41535614?p=ifwVXZNvdXcMywdtqF

Meeting ID: 270 973 241 535 614

Passcode: zP2Pj7of

+1 239-205-3327,,367886281# United

States, Cape Coral

Find a local number

Phone conference ID: 367 886 281#

Presentations (if desired by committee)

(Non-Mandatory):

November 19, 2026, 8:00am

City of Fort Myers Council Chambers

2200 Second Street, Fort Myers, FL 33901

1.8. Pre-Submittal Meeting

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

https://teams.microsoft.com/meet/270973241535614?p=ifwVXZNvdXcMywdtqF https://teams.microsoft.com/meet/270973241535614?p=ifwVXZNvdXcMywdtqF

Downtown Stormwater Drainage Improvements - First Street Flood Risk Reduction Professional Services, RSQ 26-039

2. SCOPE OF WORK (SPECIFICATIONS)

2.1. Mandatory Minimum Qualifications

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

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

The Respondent acknowledges that experience obtained under a different legal entity, through merger, acquisition, or predecessor organization may be considered only if adequately documented and accepted by the City.

2.1.3. 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.

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

2.1.4.1. Judgments: Any court decisions against them.

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

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

(actions that are morally reprehensible).

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

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

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

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

Contract and any contract renewals.

2.2. Downtown Stormwater Drainage Improvements

The City of Fort Myers seeks qualified professional firms to provide comprehensive engineering, environmental, consulting and permitting services for stormwater drainage improvements along

First Street in downtown Fort Myers.

The project is funded through the Federal Emergency Management Agency (FEMA) Hazard

Mitigation Grant Program (HMGP), administered by the Florida Division of Emergency

Management (FDEM).

Downtown Stormwater Drainage Improvements - First Street Flood Risk Reduction Professional Services, RSQ 26-039

The project is intended to reduce repetitive stormwater flooding impacting approximately 1 mile

(5280 linear feet) of First Street from Edison Bridge west toward Virginia Avenue. The proposed improvements will increase stormwater system capacity to mitigate flooding associated with a minimum 50-year storm event, other intense rainfall events and coastal influences, protecting roadway infrastructure, maintaining emergency access, and reducing loss of function within the downtown corridor.

Location Description Location coordinates

First Street & Heitman Street 26.6430, -81.8725

First Street & Vivas Court 26.6457, -81.8677

West First Street & Henley Place 26.6417, -81.8745

West First Street & Virginia Avenue 26.6370, -81.8797

2047 West First Street 26.6410, -81.8753

The selected firm shall provide all professional services necessary to evaluate, design, consulting and permitting stormwater infrastructure improvements, including upsized piping, culverts, drainage structures, and associated roadway restoration.

This project is anticipated to be implemented in two phases, beginning with 1) engineering design and technical studies, followed by 2) construction and closeout. All work shall be performed in accordance with applicable federal, state, and local laws, codes, standards, and

HMGP program requirements.

Project management and coordination with the City, FEMA, FDEM, and regulatory agencies.

Services shall include, but are not limited to:

• Assistance with grant compliance, documentation, reporting, and financial reconciliation in accordance with 2 CFR Part 200.

Phase I - Engineering, Design, and Technical Studies

• Conduct field investigations, surveying, geotechnical evaluations, and hydrologic and hydraulic analysis.

• Prepare engineering design documents, plans, specifications, and construction cost estimates, and other require technical documents.

• Perform environmental review and coordination to ensure compliance with NEPA, NHPA, ESA, Executive Orders 11988 and 11990, and other applicable federal and state regulations.

• Identify and prepare required permits and coordinate applicable agency approvals.

• Prepare construction documents and provide bid phase support.

Downtown Stormwater Drainage Improvements - First Street Flood Risk Reduction Professional Services, RSQ 26-039

Phase II - Construction Phase Consulting Services and Project Closeout

Construction, if funded after approval of Phase I design, will be procured by the City through a separate competitive solicitation and awarded under a separate construction contract. The firm selected under this contract is not permitted to bid on or perform the construction work under a separate solicitation, but it will provide professional consulting and coordination service between the City and the future awarded construction contractor. Such service may include, but not be limited to:

• Reviewing contractor submittals, shop drawings, requests for information and proposal substitutions.

• Conducting site visits and providing construction observation or inspection support as requested.

• Participating in progress meetings and coordinating technical matters among the City, construction contractor, regulatory agencies, and other project participants.

• Review constructor payment applications, change orders requests, schedules, and project documentation.

• Assisting with substantial and final completion inspections, preparation of punch lists, record drawings, and project close out.

The overall objective of the project is to enhance the capacity and resilience of the City’s stormwater infrastructure, reduce flood risk, protect critical transportation routes, maintain emergency access, and strengthen the long-term economic stability of the downtown area.

Respondents shall separately identify and price the professional consulting services proposed for Phase I and Phase II. The construction work itself shall not be included in the Respondent's proposal and may be competitively solicited by the City at a future date.

Award of Phase I does not constitute authorization or a guarantee that Phase II service will be assigned. Phase II professional services shall not commence, be performed, or be invoiced unless and until all required FEMA approvals have been obtained, and the City issues a separate written authorization to begin Phase II professional services.

Downtown Stormwater Drainage Improvements - First Street Flood Risk Reduction Professional Services, RSQ 26-039

3. INSTRUCTIONS TO PROPOSERS

All procurement transactions shall be conducted in a manner providing full and open competition consistent with 2 C.F.R. § 200.319.

The City will conduct this procurement without the use of statutorily or administratively imposed geographic preferences, except where expressly permitted by federal law.

3.1. Procurement Information

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

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

3.2. Introduction

To be considered, electronic submissions must be completed in accordance with the instructions outlined in this solicitation and submitted within the specified timeframe. The portal will automatically lock at the submission deadline. The City reserves the right to accept or reject any or all submissions and to waive irregularities or technicalities, as deemed in the best interest of the City. All decisions made by the City regarding these matters shall be final and binding.

3.3. Americans With Disabilities Act

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

Contact Information:

Procurement Services

2200 Second Street, Fort Myers, FL 33901

Email: ProcurementServices@fortmyers.gov

Phone: (239) 321-7240

3.4. Incorporation of Procurement Policy and Ordinance

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

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

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

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

Downtown Stormwater Drainage Improvements - First Street Flood Risk Reduction Professional Services, RSQ 26-039

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

Code of Ordinances and Procurement Policy.

3.5. Solicitation Documents

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

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

3.6. Responsibilities of the Respondent

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

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

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

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

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

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

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

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

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

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

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

3.6.8. The draft contract intended for award is part of the solicitation as an attachment. This draft contains standard legal language and may be modified. Any exceptions to the standard contract should be submitted as a question in the Q&A module before the question deadline. If https://www.cityftmyers.com/1171/Procurement-Services

Downtown Stormwater Drainage Improvements - First Street Flood Risk Reduction Professional Services, RSQ 26-039 the question deadline has passed, exceptions should be clearly noted in the Submission

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

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

3.7. Cone of Silence

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

3.8. Submission Guidelines

3.8.1. Official Submission Portal

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

3.8.2. Judgment on Disclosure

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

Federal or Florida public records laws.

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

3.8.3. Instructions for Uploading Submissions

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

The Respondent 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 Respondent’s questionnaire. If no variances are identified in the submittal, the City will assume that: a) the materials, equipment, or services offered fully comply with the Solicitation specifications, b) The Respondent agrees to all terms and conditions outlined in the attached Draft Contract. Failure to disclose variances may result in the

Respondent being held to full compliance of the Solicitation requirements.

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

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

Downtown Stormwater Drainage Improvements - First Street Flood Risk Reduction Professional Services, RSQ 26-039

Portal. The authorized representative who binds the Respondent to the submittal must sign the qualification statement. A submittal is considered timely only if received through the OpenGov portal by the precise date and time specified in the solicitation timeline. The official time will be determined by the OpenGov portal's time clock. The portal will not accept submittals after the deadline. Respondent shall prepare their responses in a clear and concise manner, ensuring that all required content is complete. Special attention should be given to the specific information, instructions, and requirements outlined in the solicitation document to ensure responsiveness. Incomplete responses or those lacking key information may be rejected. To facilitate the review process, each section or tab of the response should be properly labeled to correspond with the solicitation requirements.

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

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

3.8.4. Submission Requirements

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

Questionnaire".

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

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

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

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

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

Required Documents

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

Vice-President (or other authorized officer with evidence of signing authority). The corporate seal must be affixed and attested by the Secretary or Assistant Secretary.

Include the corporate address and state of incorporation.

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

Downtown Stormwater Drainage Improvements - First Street Flood Risk Reduction Professional Services, RSQ 26-039

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

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

3.8.6. Required Documents

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

Corporate Submissions Must be signed in the corporate name by the President or Vice-

President (or other authorized officer). Include the corporate address and state of incorporation.

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

3.8.7. Litigation History

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

3.8.8. Binding Submissions

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

3.8.9. Late Submissions

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

3.9. Questions and Addenda

3.9.1. 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.

3.9.2. Authority of Addenda, Responses, and Revisions

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

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

Downtown Stormwater Drainage Improvements - First Street Flood Risk Reduction Professional Services, RSQ 26-039

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

3.9.3. Modification of Solicitation Documents

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

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

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

3.10. Modification and Withdrawal of Submissions

3.10.1. Modifying or Withdrawing Submissions

A Request for Statement of Qualifications may be modified or withdrawn by the Respondent through the OpenGov portal at any time before the opening of the Solicitations.

3.10.2. Withdrawal Due to Material Mistake

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

Submission, the Respondent may withdraw its Submission. In such cases:

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

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

3.11. 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.

3.12. Reserved Rights

3.12.1. Request for Additional Information

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

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

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

Respondent, which may include background checks performed by the Fort Myers Police

Department.

3.12.2. Flexible Award Options

The City reserves the right to:

• Make awards based on the professional services procured pursuant to F.S. § 287.055.”

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

Downtown Stormwater Drainage Improvements - First Street Flood Risk Reduction Professional Services, RSQ 26-039

3.12.3. Rejection of Submittals

The City reserves the right to:

• Reject any and all Submissions.

• Waive any and all informalities.

• The City will negotiate contract terms and compensation with the top-ranked firm in accordance with F.S. 287.055. If negotiations fail, the City will formally terminate negotiations and proceed to the next-ranked firm.

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

• Reject any submittal if it is determined that awarding to the Respondent is not in the City’s best interest, including cases where a) The Solicitation is not responsive; b) The Respondent is unqualified or has questionable financial ability; c) The Respondent fails to meet any other relevant standards or criteria established by the City.

3.13. Irrevocable Offer

By submitting a Statement of Qualifications, Respondent agrees that its Submittal shall remain valid for a period of one hundred eighty (180) calendar days following the submission deadline. Compensation and terms shall be negotiated with the highest-ranked Respondent following completion of the ranking process pursuant to F.S. § 287.055.

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

3.14. Award of Contract

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

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

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

3.15. Form of Contract

The City’s intention is to use the attached Draft Contract. Any requested revisions to the

Agreement must be submitted using the question tab in OpenGov, and resolved prior to the solicitation closing. Any revisions to the contract will be shared via an addendum. The final executed Contract may differ in pagination or numbering from the draft provided. The City reserves the right to revise or alter the language of the Draft Agreement after responses are received and prior to execution to address the specific requirements or circumstances of the solicitation project.

Downtown Stormwater Drainage Improvements - First Street Flood Risk Reduction Professional Services, RSQ 26-039

3.16. Execution of Contract

Following successful negotiations, the Respondent shall execute the Professional Services

Agreement. Upon approval by the City Council, the Respondent must submit all required insurance documentation and any other required materials within fifteen (15) calendar days of receiving the fully executed Agreement.

Failure to timely execute the Agreement and submit required documentation may result in termination of negotiations and commencement of negotiations with the next-ranked

Respondent.

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

668.50).

3.17. Protest Procedure

The City’s protest procedures are consistent with 2 C.F.R. § 200.318(k) and provide for full and open competition and administrative review of procurement decisions. All protests shall be resolved in accordance with the City’s Procurement Policy and applicable federal requirements.

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

Policy, which can be accessed at the following link: City of Fort Myers Procurement Policy

(PDF)

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

3.18. Post-Award Debriefing Process

A Respondent may submit a written request for a debriefing to the designated procurement representative no later than thirty (30) calendar days following City Council approval of the contract award. Upon receipt of the request, the procurement representative will schedule the debriefing with the Respondent, which may be conducted in person, virtually, or by telephone.

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

• An overview of the solicitation requirements.

• The final overall ranking of all proposals.

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

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

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

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

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

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

Downtown Stormwater Drainage Improvements - First Street Flood Risk Reduction Professional Services, RSQ 26-039

4. INSURANCE

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

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

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

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

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

Requirements Table is also attached to the solicitation.

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

4.1. Required Standard Insurance Coverages

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

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

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

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

4.2. Professional Liability

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

4.3. Environmental/Pollution Liability Insurance

When the project includes any environmental or pollution control factors.

4.4. Marine Coverage

For Service Providers will be working or transporting materials in lakes, rivers, or other waterways.

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

Downtown Stormwater Drainage Improvements - First Street Flood Risk Reduction Professional Services, RSQ 26-039

5. GENERAL TERMS & CONDITIONS

5.1. Independent Proposal Affirmation

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

5.2. Legal Requirements

5.2.1. Compliance with Laws and Regulations

The Respondent shall, at its sole cost and expense, comply with all applicable federal, state, and local laws, statutes, codes, ordinances, rules, regulations, orders, and requirements relating to the performance of the Work and this Agreement, including, but not limited to, those governing taxation, licensing, labor, employment, workers’ compensation, nondiscrimination, public safety, records retention, cybersecurity, and procurement. Without limiting the foregoing, the Respondent acknowledges and agrees to comply with the following provisions, as applicable:

5.2.2. Background Screening

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

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

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

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

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

5.2.4. Cybersecurity

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

5.2.5. Foreign Corporations

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

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

https://www.flsenate.gov/Laws/Statutes/2021/Chapter435 https://www.flsenate.gov/Laws/Statutes/2025/0337.168 https://m.flsenate.gov/Statutes/119.07 https://m.flsenate.gov/Statutes/119.07 https://www.flsenate.gov/Laws/Statutes/2021/112.313 https://www.flsenate.gov/Laws/Statutes/2021/0607.1501

Downtown Stormwater Drainage Improvements - First Street Flood Risk Reduction Professional Services, RSQ 26-039

5.2.6. Non-Collusion

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

5.2.7. Public Entity Crimes

Pursuant to section 287.133, Florida Statutes, Contractor understands a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of $35,000 for a period of 36 months following the date of being placed on the convicted vendor list.

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

Pursuant to section 287.05701, Florida Statutes, the City shall not request documentation of or consider a Respondent’s social, political, or ideological interests when determining whether the Consultant is a responsible vendor, nor shall the City provide preference based upon such interests.

5.2.9. Duty to Notify of Conflicts or Inconsistencies

If the Respondent becomes aware of any conflict, discrepancy, error, or inconsistency in the

Contract Documents or applicable legal requirements, the Respondent shall promptly notify the

City in writing.

5.3. Background Screening

Background screening under F.S. 435 shall apply only where Contractor personnel will have unsupervised access to secure City facilities or vulnerable populations.

As part of the application process for Respondent, candidates are required to undergo background screening in compliance with Florida Statute 435. This statute mandates Level 1 or

Level 2 background checks, depending on the nature of the position, to ensure the safety and well-being of vulnerable populations, including children, the elderly, and individuals with disabilities.

Requirements:

• Level 1 background screening includes employment history checks and a statewide criminal background check through the Florida Department of Law Enforcement (FDLE).

https://www.flsenate.gov/Laws/Statutes/2018/287.133 https://www.flsenate.gov/Laws/Statutes/2023/0287.05701

Downtown Stormwater Drainage Improvements - First Street Flood Risk Reduction Professional Services, RSQ 26-039

• Level 2 background screening involves a national fingerprint-based criminal history check through the Federal Bureau of Investigation (FBI), along with checks of sexual offender and predator databases.

Disqualifying Offenses: Certain criminal convictions may disqualify you from employment in this position. These include, but are not limited to:

• Violent crimes.

• Sexual offenses.

• Drug-related felonies.

Exemption Process: If you have a prior conviction that would normally disqualify you from this position, you may be eligible to apply for an exemption from disqualification under certain conditions, demonstrating rehabilitation and good conduct.

Re-screening: Periodic re-screening may be required during your employment to ensure ongoing compliance with the requirements of Florida Statute 435.

5.4. Business Relationship and Disclosure

The Respondent must comply with Florida Statute 112.313.

5.5. Employment Eligibility Verification System (E-VERIFY)

Statutes and executive orders require employers to a Solicitation by the immigration laws of the

United States and to employ, in the United States, only individuals who are eligible to work in the United States.

The E-Verify program provides an internet-based means of verifying employment eligibility of workers employed in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for:

• Commercial or noncommercial services or construction

• Work performed in the United States.

• Any Respondent working for the government must verify eligibility and supply a

Memorandum of Understanding. Respondent(s) who are not enrolled in the program at the time City project is advertised, must enroll, and produce a copy of the Memorandum of Understanding (MOU) with Respondent(s) submission to City. Upon signing up for the program, Respondent(s) must follow the federal guidelines for verifying all their employees, whether assigned to the contract or not, are in accordance with the

Verification of Employment Eligibility.

• Respondent(s) that are already enrolled in the program must produce a copy of their

MOU with Respondent(s) submission to City. Respondent(s) must follow the federal guidelines for verifying all their employees, whether assigned to the contract or not, are in accordance with the Verification of Employment Eligibility.

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

Downtown Stormwater Drainage Improvements - First Street Flood Risk Reduction Professional Services, RSQ 26-039

• Subconsultant requirement: Respondent(s) shall require all subcontracted

Respondent(s) to flow down the requirement to use E-Verify to subconsultants. It shall be Respondent(s) responsibility to familiarize themselves with all rules and regulations governing this program. By providing a submission to City, Respondent(s) and any subconsultant(s) are obligated to comply with the provisions of Section 448.095, Fla.

Stat., "Employment Eligibility," as amended from time to time. This includes but is not limited to utilization of the E-Verify System to verify the work authorization status of all newly hired employees and requiring all subconsultants to provide an affidavit attesting that the subconsultant does not employ, contract with, or subcontract with, an unauthorized alien. Respondent(s) shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of any resulting

Contract (including any Purchase Order), or if a subconsultant…