Electrical_Vehicle_Charging_Station.pdf

25-072-RFP

Electrical Vehicle Charging Station

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

Electrical Vehicle Charging Station, 25-072-RFP

TABLE OF CONTENTS

1. INTRODUCTION

2. ADVERTISEMENT & TIMELINE

3. PROJECT DETAILS / SCOPE OF WORK

4. EVALUATION PHASES

5. INSTRUCTIONS

6. SOLICITATION TERMS AND CONDITIONS

7. CONTRACT TERMS AND CONDITIONS

8. INSURANCE

9. DEFINITIONS

10. SUBMISSION QUESTIONNAIRE

11. DRAFT CONTRACT

1. INTRODUCTION

1.1. Summary

The City of Fort Myers (City) requests submittals from interested and qualified Firms that are able to fully fund, design, install, operate, maintain, market, and potentially remove EVCS, on publicly owned property for public use. This work will also include determining and assisting the

City of Fort Myers in identifying ideal city-owned site locations for the EVCS installations.

The City of Fort Myers (City) requests submittals from interested and qualified Contractors to provide proposals from Firms to fully fund, design, install, operate, maintain, market, and potentially remove EVCS, on publicly owned property for public use. This work will also include determining and assisting the City of Fort Myers in identifying ideal city-owned site locations for the EVCS installations.

The City of Fort Myers is seeking to hire an experienced and qualified Firm that can provide a turnkey solution of all equipment, corresponding software and networking, accessories, warranties, and deliveries required to install EVCS at City of Fort Myers facilities, as well as identifying additional city-owned prime locations.

Preferably, units must be able to service more than (1) car simultaneously. Firm must also provide proper EVCS parking signage and assist with reconfiguration of any parking stalls for

EVCS parking. In addition, Firm will comply with all permitting, ADA and parking requirements.

Detailed information about the business model, including but not limited to the ability to set pricing for end users, billing practices, service fees, revenue distribution, and cost recovery for electricity responses should be outlined in the proposal.

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 1,000 employees serving a population of approximately 96,755 full time permanent residents with a population growth of

12% between 2020 and 2022. According to the Lee County Visitor & Convention Bureau, nearly 4.5 million people visit Fort Myers each year and spend over $4 billion dollars while in the area. Fort Myers has experienced unprecedented growth in its tax base, as the past (3), year over year percentage increases, were double digit. The City added a total of $5.0 billion to its tax base over the past five years, or 75.6%.

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 top ranking for best places to live, to retire, and to start a new business, safest cities in America, #4 college town in

Florida, and most recently the fastest growing place by U.S News and World Report (2024).

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. OpenGov Portal

The City 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. Contractor's 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 shall not be responsible for a Contractor’s inability to submit a response by the end date and time for any reason, including issues arising from the use of OpenGov.

1.4. 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:

Public Works

2. ADVERTISEMENT & TIMELINE

1. Advertisement

Request For Proposal

25-072-RFP Electrical Vehicle Charging Station

The City of Fort Myers is seeking submittals for 25-072-RFP Electrical Vehicle Charging Station which will be uploaded electronically on or before August 5, 2025 at 2:00p.m. 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: July 2, 20255

2. Timeline

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

Solicitation Advertise & Release Date: July 2, 2025

Pre-Submittal Meeting (Non-Mandatory): July 11, 2025, 10:00am

Finance West Conference Room - City Hall

2200 2nd Street

Fort Myers, FL 33901

Question Submission Deadline: July 24, 2025, 2:00pm

Submission Deadline: August 5, 2025, 2:00pm

Selection Committee Meeting: August 20, 2025, 11:00am

Finance West Conference Room - City Hall

2200 2nd Street

Fort Myers, FL 33901

Proposed City Council Approval Date: September 2, 2025

3. 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 can be found above.

3. PROJECT DETAILS / SCOPE OF WORK

3.1. Mandatory Minimum Qualifications

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

State of Florida.

2. Contractor(s) 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 City, (as a party to a contract, or otherwise); nor have failed to perform faithfully on any previous contract with the City.

4. Contractor is required to inform the City 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 City’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 Respondent’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, as presented during selection, if selected and awarded the contract, during the term of the

Contract and any contract renewals.

3.2. Scope of Services

Contractor, hereby agrees to provide and perform the Scope of Services required and necessary to complete the work as set forth below:

This comprehensive project requires a firm with a proven record in EVCS implementation and management, with a strong understanding of public infrastructure, compliance, and financial models. The city is looking for a partner who can help drive its sustainability initiatives while ensuring operational efficiency and financial viability.

This project involves the City of Fort Myers seeking proposals from qualified firms to install and maintain electric vehicle charging stations (EVCS) on publicly owned properties. The key objectives and scope of the project include:

Key Project Objectives:

1. Turnkey Solution: The firm must design, fund, install, operate, maintain, and market

EVCS for public use. This includes all required equipment, software, networking, warranties, and support. The solution should be fully comprehensive, ensuring that all aspects of installation and management are handled by the selected firm.

2. Site Identification: The firm will assist the city in identifying ideal city-owned locations for EVCS installations. Locations will be chosen based on factors like electricity availability, security, and economic considerations. The final decisions on locations will be made jointly by the firm and city staff.

3. Service Multiple Vehicles: Preferably, the EVCS should be capable of servicing more than one vehicle at a time.

4. Parking and ADA Compliance: The firm will provide proper parking signage, reconfigure parking stalls to accommodate EVCS, and ensure compliance with ADA regulations and other parking requirements.

5. Financial Model: Proposals must include detailed information on pricing structures, billing practices, revenue distribution, and cost recovery related to electricity usage. The firm may establish a service charge for EVCS use to recoup costs and generate operating profit.

6. Experience Requirement: The City requires the firm to have at least five years of experience with turnkey EVCS installations in the U.S. market.

7. Contract Terms: The city intends to award a contract for a period of 10 years, with a base period of seven years and three one-year options. The contract may be extended by mutual consent for additional one-year periods.

Scope of Work:

• Installation and Maintenance: The selected firm will be responsible for installing the

EVCS, covering all associated costs (including maintenance and electricity), and ensuring the units are well-maintained and attractive.

• Cost Recovery and Profit: The firm can establish service fees and methods of payment collection to cover the costs and potentially generate operating profit from

EVCS users.

• Marketing and Advertising: The firm will be responsible for marketing the EVCS project and can provide product advertisements through the EVCS.

• Post-Agreement Options: Upon contract expiration, the firm will provide options such as removal of the EVCS, transfer of ownership to the city, or contract renewal.

• Fire Safety: If installed in parking garages, the firm will provide wall-mounted fire blankets to handle initial EV fires, which will become city property after installation.

• Florida Renewable Energy and Electric Vehicle Policies: The selected firm must ensure that the project complies the Florida Statute 366.94.

• City Use: The city may have dedicated EVCS installed at city-owned facilities for exclusive use by city vehicles, with the equipment purchased and maintained through the vendor as a contract option.

4. EVALUATION PHASES

1. Qualifications of the Contractor

To demonstrate qualifications to perform the Work, each Contractor must be prepared to submit information pertaining to each criterion. Each Submittal 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.

2. Responsiveness

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

3. Responsibility

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

Factors that the City may evaluate to determine “responsibility” include, but are not limited to: past performance, references (including those found outside the submittals), compliance with applicable laws, Contractor (s) record of performance and integrity – e.g. has the

Contractor been delinquent or unfaithful to any contract with the City, whether the Contractor is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. Contractor must always have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. The City reserves the right to inspect and review the Contractor (s) facilities, equipment, and personnel and those of any identified Subcontractor/Subconsultants. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection.

4. Technical/Qualification Submittal

The City will determine how well submissions meet the requirements in terms of the response to the specifications and how well the offer addresses the needs of the project.

5. Selection Committee and Evaluation Process

5.1. Procurement Services

Procurement Services will perform the initial review of all submittals for preliminary qualification and documentation compliance. This review process may include, but is not limited to, forms verification, professional licensing, references, past performance, and other relevant criteria and review of the MBE and Local preference if applicable. This will prove the Contractor (s) submissions are responsive to the solicitation request.

Procurement staff will review of all responsive submissions and forward it with the responsive submissions to the Selection Committee for further analysis. This analysis may include evaluation of scope requirements and price, if applicable as stated in this solicitation.

5.2. Selection Committee

A Selection Committee (hereinafter referred to as “the Committee”) consisting of at least three (3) members will be established to review, discuss, and evaluate all responsive submissions. The Committee may utilize additional City staff, consultants and experts as either voting or non-voting members to advise and assist the Committee in review of the submissions.

A Selection Committee, appointed in accordance with the City’s policies and procedures, will individually review and evaluate all eligible submissions based on the factors set forth in the Evaluation Criteria of the Solicitation and assign a score for each criterion ranging from zero (0) points to the maximum points allowed for each rating criteria. This will be completed before the selection committee meeting. The Committee will rank the short-listed Contractor (s) based on the Evaluation Criteria outlined in the section titled

Evaluation Criteria for Short-Listing.

5.3. Selection Committee Meeting

The Procurement representative will schedule a public meeting for the Committee to discuss their initial evaluation and rank the responsive Contractor (s) deemed acceptable to be selected; committee members may change or update their scores any time before the scores are read aloud. The evaluation scores will be submitted via OpenGov to the

Procurement representative. The Committee will then determine if they would like

Presentations/Interviews with any of the Contractor (s) and how many they would like to invite.

5.4. Presentations/Interviews

The Committee reserves the right to request Presentations/Interviews with any or all responsive and responsible Contractor (s) whose submissions are deemed to be acceptable for award. Presentations/Interviews may be limited at the discretion of the

Committee to short listed Contractor (s). Presentations may be conducted for the purpose of clarification and to assure full understanding of, and responsiveness to, the solicitation requirements. The City will not be liable for any costs incurred by the Contractor (s) in connection with such Presentations (i.e., travel, accommodations, etc.).

Presentations will be conducted in a public meeting. Each Contractor will be asked to excuse themselves during other presentations. During the presentation, Contractor (s) must demonstrate their understanding of the project scope, discuss their approach to successfully completing the project, and respond to questions from the Committee.

Upon completion of the presentations/interviews, the Committee shall an open discussion, and the public will have an opportunity to speak (3 minute maximum) before the

Committee submits presentation scoring through OpenGov. The Procurement Manager or designee will read the ranking of the Contractor (s) from the Committee scoring.

5.5. Final Ranking

After the presentation/interviews, the Committee will rank the short-listed Contractor (s) using the criteria outlined in the Evaluation Criteria for Final Ranking section. The rankings will then be submitted to the City Council for approval.

5.5.1. Upon City Council approval, the Department Director or designee, in conjunction with the Procurement representative, will initiate negotiations with the top-ranked Contractor (s) with the intention of entering into a contract.

5.5.2. If negotiations with the top-ranked Contractor (s) fail, they will be terminated, and negotiations will begin with the next-ranked Contractor (s).

5.5.3. This process will continue until a successful contract is negotiated or the solicitation is terminated.

5.5.4. Once a contract is finalized, it will be executed by the Mayor and City

Manager.

5.6. Flexable Award Options

The Committee may evaluate and award a Contract based on responses to this

Solicitation without presentations. Therefore, each submission should contain the

Contractor (s) best terms and conditions for consideration.

The City may also make awards based on individual items, groups of items, all-or-non, or a combination thereof, potentially involving one or more (s).

5.7. Tiebreaker

In the event of a tie, two or more Contractor (s) that have the same ranking, the following steps will be taken to determine the highest ranked Contractor. This method shall be used for all RFP’s and RSQ’s ties.

5.7.1. Step 1: Contractor (s) with an established drug-free workplace program, as defined by Florida Statute Section 287.087, shall be ranked higher. Documentation verifying the drug-free workplace program must be provided to receive this preference.

5.7.2. Step 2: Contractor (s) qualifying as local, in accordance with the definition set forth in City of Fort Myers Ordinances Section 38-71 or its most recent revision, shall be ranked higher than non-local Contractor (s). Proof of local status must be submitted with the proposal to receive this preference.

5.7.3. Step 3: The Contractor with the highest number of 1st place rankings among evaluators shall be deemed the top-ranked Contractor. If a tie persists, the

Contractor with the highest number of 2nd place rankings will be ranked higher.

This method will continue progressively through 3rd, 4th, and subsequent rankings until the tie is resolved. If a tie remains after all rankings are considered, additional tie-breaking criteria will apply.

5.7.4. Step 4: In the event a tie persists after Steps 1 through 3, preference shall be given to the Contractor demonstrating the highest commitment to sustainability and environmental stewardship. Evaluation factors may include green certifications, use of eco-friendly materials, waste reduction strategies, carbon footprint minimization efforts, and participation in local sustainability initiatives. The

Contractor with the most significant and verifiable sustainability contributions shall be deemed the first-ranked Contractor.

5.7.5. Step 5: For FDOT Solicitations, steps 1 - 4 are replaced with; the

Procurement Director/Manager or designee may appoint an additional Selection

Committee member(s) to evaluate the proposals based upon the factors in the solicitation and scoring for each criterion. This may continue until the highest ranked Contractor is deemed the first ranked Contractor.

For Federally funded solicitations remove local preference.

For non-City funded procurements, the steps not permitted by law or process are hereby removed.

The highest ranked Contractor (s) upon completion of the steps needed shall receive the first opportunity to negotiate.

5.8. Reserved Right to Reject Solicitations

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

The City reserves the right to evaluate the financial capability, reputation, integrity, skill, business experience, and quality of performance under similar operations for each

Contractor (s) prior to making an award.

The City reserves the right to request that the Contractor (s) provide additional information as it deems necessary to evaluate, clarify, or substantiate any area contained in each submitted submittals and to best meet the needs of the City. This includes information which indicates financial resources as well as the ability to provide and maintain the system and/or services. Failure to promptly supply requested information, such as records of past performance, financial stability, or the ability to meet project schedules, may result in a determination of non-responsiveness.

5.9. Authority to Award

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

Ordinance and Policy upon approval of City Council.

6. Contract Negotiations and Acceptance

Upon City Council approval, the Department Director or designee will initiate negotiations with the top-ranked Contractor (s) with the intention of entering a contract. Contractor (s) must be prepared for the City to accept the Submittal as presented. If Contractor (s) fails to sign all documents necessary to successfully execute the final contract within a reasonable time, or negotiations do not result in an acceptable agreement, the City may reject the Submittal or revoke the award and may begin negotiations with the next highest Contractor (s). Final contract terms must be approved or signed by the appropriately authorized City Official(s). No binding contract will exist between the Contractors and the City until the City executes a written contract and purchase order.

No. Evaluation Criteria Scoring Method Weight (Points)

1. Experience of the Firm and

Qualifications of Assigned Personnel

• Experience and capabilities to perform the scope of work.

• Academic, training, and licensed credentials of employees assigned to the project.

• Existing workload and ability to meet timeline(s) outlined in the project.

• Provide 2 examples of completed projects with similar scope and budget within the last 5 years. Preference will be given the government agency work.

• Provide 2 examples of projects completed by the project manager with similar scope and budget in the last 5 years.

Points Based 50 (50% of Total)

2. Approach to the Project/Design

• The approach the scope of services, including a comprehensive representation, demonstrating an understanding and a commitment of how you intend to implement and fulfill the requirements of the scope of services.

• How your firm will balance staffing needs for this project.

• How your firm will facilitate timely completion of the project.

• Describe unique abilities, innovative approaches, and/or special considerations.

Points Based 40 (40% of Total)

3. Pricing

Proposals will be evaluated based on the clarity, transparency, and fairness of the proposed financial model. This includes:

• Revenue distribution model, including the City's share of gross or net proceeds

• Any proposed service charges to end users, and justification for such fees

Points Based 10 (10% of Total)

5. INSTRUCTIONS

Procurement Information

Procurement Services is the official source for obtaining information regarding City of Fort Myers 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 City reserves the right to issue an award or a recommendation of award at any time following the scheduled solicitation opening date.

Applicable Laws and Appeals

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. These provisions can be accessed online at:

City of Fort Myers Code of Ordinances - Procurement

Alternatively, contact Procurement Services for further assistance.

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

Code of Ordinances and procurement policies.

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

Solicitation Submission Guidelines

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.

2. Official Time.

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

3. Contractor Responsibilities.

3.1. Contractor (s) are solely responsible for ensuring timely electronic submissions.

3,2. The City is not responsible for the distribution of addenda or other solicitation-related information to Contractor (s) who fail to register in OpenGov.

https://library.municode.com/fl/fort_myers/codes/code_of_ordinances?nodeId=SPAADCO_CH38FI_ARTIIIPU

4. Addenda Distribution.

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

5.1. 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 keep all files locked until the solicitation officially closes.

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.

5.2. 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 City is not 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 by the City. The City assumes no responsibility for errors or misinterpretations resulting from the use of incomplete or unofficial solicitation documents.

2. Purpose of Solicitation Documents.

Solicitation documents are provided solely to facilitate the preparation and submission of responses.

3. Right to Cancel.

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

5.3. Responsibilities of the Contractor

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. 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.

4. Correlate Observations with Documents. Study and carefully align observations with the solicitation documents to ensure consistency.

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

5. Report Conflicts or Discrepancies. Notify the Procurement Services Department of any conflicts, errors, or discrepancies in the solicitation documents by sending an email to procurementservices@fortmyers.gov and submitting a question through the OpenGov Q&A tab.

5.1. 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.

6. Review the Draft Contract.

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

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

o 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 Consultant/Contractor's questionnaire.

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

7. City's Right to Modify Contract. The City reserves the right to make modifications to the draft contract for specific solicitations before execution.

5.4. Questions and Addenda Guidelines

1. Submission of Questions.

All questions regarding the meaning or intent of the solicitation documents must be submitted through the OpenGov Portal. Only questions received before the deadline specified in the solicitation timeline will be considered. Responses to questions will only be binding if provided in writing via addenda or the "Questions & Answers" feature in OpenGov. Oral or other informal interpretations or clarifications will 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. Response Timeframes.

Answers to questions of substance will be publicly published in the OpenGov Portal. Responses to document format or process-related questions will be issued within two (2) business days of receipt, or the solicitation will be placed on hold. The two-day response window does not apply to project-specific questions that require input from project managers or Contractor.

3. 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 from their obligations under the solicitation or resulting contract. No oral interpretations will be provided. All official interpretations will be issued as written addenda and made available via OpenGov.

4. Modification of Solicitation Documents.

The City 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.

5.5. 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.

5.6. Incorporation of Procurement Policy and Ordinance

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 contract.

5.7. Submittal Preparation

1. Preparation of Response.

Contractor must 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 City of Fort Myers 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.

3.1. Public Records Law. In accordance with Chapter 119, Florida Statutes (Public

Records Law), and unless otherwise provided by applicable State or Federal Law, all solicitation documents and responses are considered public records, see F.S.

119.071(1)(b)2. Contractor must specifically identify any information in their proposals considered confidential or proprietary and provide the applicable legal exemption for nondisclosure. Generic designations such as “confidential” are insufficient.

https://fortmyers.gov/DocumentCenter/View/14396/City-of-Fort-Myers-Procurement-Policy-PDF https://fortmyers.gov/DocumentCenter/View/14396/City-of-Fort-Myers-Procurement-Policy-PDF https://www.flsenate.gov/Laws/Statutes/2021/119.071 https://www.flsenate.gov/Laws/Statutes/2021/119.071

Failure to provide Procurement Services with a detailed explanation, including statutory citations and references to specific sections of the response, may result in the entire response being disclosed in accordance with Chapter 119 of the Florida Statutes.

3.2. Redacted Copy Requirement. If a Contractor asserts exemptions from public disclosure for any portion of its response, it must provide: 1) A redacted copy of its proposal in an electronic format suitable for public disclosure. 2) Only the portions exempt under applicable law should be redacted, with the exemption clearly identified.

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

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

5.8. Submission Guidelines

Contractor (s) are responsible for uploading their submittals directly into the OpenGov portal:

OpenGov Submission Portal. The authorized representative who binds 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 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.

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.

1. Instructions for Uploading Submissions

1.1. 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.

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

2. Submission Requirements

2.1. Document Format. A single PDF document, signed by an authorized representative, must be submitted via the OpenGov portal.

2.2. 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.

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

2.4. Letter of Transmittal. Two (2) page limit. Content: Briefly state the Contractor (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.

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

2.6. Required Documents.

2.6.1. 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.

2.6.2. 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.

2.7. Litigation History. Provide details of any current litigation or outstanding judgments involving the Contractor.

2.8. Electronic Pricing Form Instructions. The City uses OpenGov to streamline the solicitation process. Submittals must be made electronically; paper responses will be deemed non-responsive.

2.8.1. Submission via OpenGov. Log into your OpenGov account, navigate to the relevant solicitation, click “Draft Response,” complete the requested information, upload all required attachments, and submit.

2.8.2. Unit and Extended Prices. Enter unit prices for each item (if applicable). In case of discrepancies between unit and extended prices, unit prices will prevail.

2.8.3. Award Basis. The City generally awards bids based on a "lump sum" to the responsive and responsible Bidder submitting the lowest total bid. However, the

City reserves the right to award based on a "per group" or "per item" basis. Clearly indicate items bid and items not bid on the provided pricing forms.

2.8.4. Additional Charges. Prices quoted must include all costs related to verification/coordination of the order, shipping, delivery, unpacking, setup, installation, operation, testing, cleanup, training, and travel. No additional charges will be accepted beyond those listed on the price sheets.

3. Binding Submissions

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

4. Late Submissions

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

5.9. Conformance to Solicitation

1. Compliance with Mandatory Requirements

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

Solicitation. However, the City 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 City to waive, alter, or omit a material or mandatory requirement, the Contractor must first submit a written request to the

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

“Interpretations and Addenda” section of this Solicitation.

If the City agrees, at its sole discretion, to amend, alter, or waive the requirement, the City 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.

5.10. 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 City and promptly demonstrates to the City’s reasonable satisfaction that a material and substantial mistake occurred in the preparation of its Submission, the Consultant may withdraw its Submission. In such cases:

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

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

5.11. Submission Responsibility

Except as provided under the Americans with Disabilities Act for individuals requiring special accommodations, it is the sole responsibility of the Contractor to ensure that submissions are electronically uploaded through the designated portal before the specified date and time.

Submissions by telephone, email, or hard copy will not be accepted under any circumstances.

5.12. Opening Submissions (Non-Construction)

Non-Construction-Related Submittals.

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.

5.13. Irrevocable Offer

By submitting a response to this Solicitation, the Contractor agrees that their submission constitutes an irrevocable offer to the City of Fort Myers 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 City, at its sole discretion, reserves the right to release any submission from this commitment during the validity period.

5.14. Reserved Rights

1. Request for Additional Information

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

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

1.2. 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 Contractor, which may include background checks performed by the

Fort Myers Police Department.

2. Flexible Award Options

The City reserves the right to

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

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

3. Rejection of Submittals

The City reserves the right to

3.1. Reject any and all Submissions;

3.2. Waive any and all informalities;

3.3. Negotiate contract terms with the Successful Contractor;

3.4. Disregard nonconforming, non-responsive, unbalanced, or conditional submittals;

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

City’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 City.

5.15. Protest Procedure

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

Policy, which can be accessed at the following link:

City of Fort Myers Procurement Policy (PDF)

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

5.16. Award of Contract

1. Purchase Order.

The Purchase Order (PO) issued by the City to the selected Contractor within the time specified for acceptance, in conjunction with the contract, establishes 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.

Contracts will be awarded in accordance with the City’s Procurement Code, Chapter 38, Article 3 of the City of Fort Myers Code of Ordinances. The contract will be awarded to the highest-ranked Contractor based on evaluation criteria and presentation results. The award is contingent upon successful contract negotiation and final approval by the City Council.

3. Multiple Awards.

The City reserves the right, at its sole discretion, to award the work described herein to more than one responsive and responsible Contractor. In cases of multiple awards, the City 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.

4. Term.

The City intends to negotiate a contract with an initial term and options for renewal upon mutual consent of both parties. The length of the contract will depend on the Contractor (s) submittal, financial investment, and negotiations with the City.

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

5. E-Verify.

This Contract is subject to the provisions of Section 448.095, Florida Statutes, which is incorporated herein by reference.

5.1. The Contractor represents and warrants that it has registered with and uses the E-

Verify System to verify the work authorization status of all newly hired employees.

5.2. The Contractor must ensure any Subcontractor/Subconsultant(s) provide an affidavit stating that they also use the E-Verify System and do not employ unauthorized aliens.

5.3. The Contractor and all Subcontractor/Subconsultant(s) shall remain compliant with this requirement throughout the term of the Contract.

5.17. Form of Contract

The City’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. City’s Right to Modify Contract Language

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

5.18. Execution of Contract

The successful Contractor shall, within fifteen (15) calendar days after the issuance of a Notice of

Award and receipt of the Contract from the City of Fort Myers Procurement Services, sign and enter into a Contract with the City. Simultaneously, the Contractor must provide: 1) Any required bonds,

2) Indemnities, and 3) Updated insurance certificates as specified in the Solicitation.

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

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

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

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

2. 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 City.

5.20. 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

City will assume that:

1. The materials, equipment, or services offered fully comply with the…