Emergency_Bypass_Pumps_Rental_&_Delivery_(Disaster_Contract)_(Addendum_#1_Revision).pdf

ITB 25-075

Emergency Bypass Pumps Rental & Delivery (Disaster Contract)

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

Emergency Bypass Pumps Rental & Delivery (Disaster Contract), ITB 25-075

TABLE OF CONTENTS

1. INTRODUCTION

2. ADVERTISEMENT & TIMELINE

3. PROJECT DETAILS / SCOPE OF WORK

4. INSTRUCTIONS

5. FEDERAL SUPPLEMENTAL CONDITIONS

6. SOLICITATION TERMS AND CONDITIONS

7. CONTRACT TERMS AND CONDITIONS

8. INSURANCE

9. DEFINITIONS

10. SUBMISSION QUESTIONNAIRE

11. SCHEDULE OF VALUES

12. DRAFT CONTRACT

1. INTRODUCTION

1.1. Summary

The City of Fort Myers requests proposals for the delivery and rental of bypass pumps in the size of 4" with cam lock connections with 40' of suction hose with a basket and 40' of discharge hose all being non lay flat hose. Please include floats for each unit. Silent units are preferred.

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 three year-over-year percentage increases were in double digits. 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.

This contract has never been solicited before. There is no historical data for this contract.

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. The Contractor is 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

Kirk Zimmerman, NIGP-CPP, CPPB, Senior Procurement Specialist

2200 Second Street

Fort Myers, FL 33901

Email: kzimmerman@fortmyers.gov

Phone: (239) 321-7241

Requesting Department:

Public Utilities

2. ADVERTISEMENT & TIMELINE

1. Advertisement

Invitation to Bid (lowest price is awarded)

ITB 25-075 Emergency Bypass Pumps Rental & Delivery (Disaster Contract)

The City of Fort Myers is seeking submittals for ITB 25-075 Emergency Bypass Pumps Rental &

Delivery (Disaster Contract) which will be uploaded electronically on or before Wednesday, September 10, 2025 at 2:00 pm. Interested participants are encouraged to download the solicitation documents. For more details visit https://procurement.opengov.com/portal/cityftmyers

CITY OF FORT MYERS

Marty K. Lawing, City Manager Legal Ad: OpenGov

Mary Hagemann, City Clerk RUN DATES: Thursday, August 14, 2025

2. Timeline

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

Solicitation Advertise & Release Date: August 14, 2025

Question Submission Deadline: September 4, 2025, 4:00pm

Submission Deadline: September 10, 2025, 2:00pm

Proposed City Council Approval Date: October 6, 2025

3. PROJECT DETAILS / SCOPE OF WORK

3.1. Mandatory Minimum Qualifications

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

State of Florida.

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

3. Neither Contractor nor any principal, officer, or stockholder shall be in arrears or in default of any debt or contract involving the 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. 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

The City of Fort Myers requests proposals for the delivery and rental of bypass pumps in the size of 4" with cam lock connections with 40' of suction hose with a basket and 40' of discharge hose all being non lay flat hose. Please include floats for each unit. Silent units are preferred.

4. 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. Responsibilities

3.1. Contractor is 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 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. Contractoris advised to regularly check the portal for any updates related to this solicitation.

4.1. 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.

4.2. 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.

4.3. 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 the Solicitation Documents https://www.cityftmyers.com/1171/Procurement-Services

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

5. Report Conflicts or Discrepancies

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

Q&A module.

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.

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

6.2. 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.

• 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.

4.4. 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 mailto:procurementservices@fortmyers.gov

Revisions to the solicitation and responses provided via the "Questions & Answers" feature are authoritative and shall be considered addenda to the solicitation. All information provided in this solicitation, including addenda and answers to questions, will be incorporated into the solicitation and any resulting contract. It is the responsibility of the Contractor to review all addenda, revisions, and published answers to questions. Requests for interpretations must be submitted through the OpenGov Portal. Failure to review and comply with the latest addenda or interpretations will not relieve the Contractor of their obligations under the solicitation or the resulting contract. No oral interpretations will be provided. All official interpretations will be issued as written addenda and made available via OpenGov.

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.

4.5. 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.

4.6. 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.

4.7. 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 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 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 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.

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. 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.

3.3. 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 Contractor.

4.8. Submission Requirements for Invitation to Bids

1. Submission Requirements and Instructions

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

OpenGov Submission Portal . The representative authorized to bind the Contractor to the submittal must sign the qualification statement. A submittal is considered timely only if received through the OpenGov portal by the precise date and time stated in the solicitation timeline. The OpenGov portal time clock serves as the official time for determining timeliness.

Submittals will not be accepted after the deadline.

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

2. Instructions for Uploading Submissions

2.1. 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.

2.2. 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.

3. Mandatory Minimum Qualification Documentation

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

4. Required Documents https://www.flsenate.gov/Laws/Statutes/2021/119.071 https://www.flsenate.gov/Laws/Statutes/2021/119.071

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

5. Corporate Submittals

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

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

Secretary.

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

6. 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.

7. Litigation History

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

8. Proprietary Information

8.1. Public Records and Confidentiality

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

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

8.1.2. Contractor must clearly identify any information in their responses they consider confidential or proprietary, citing the specific legal exemption. Generic notations such as "confidential" are not sufficient.

8.1.3. Failure to provide a detailed explanation with statutory citations may result in the entire response being subject to disclosure under Chapter 119.

8.2. Redacted Copy Requirement

Provide a redacted copy of your submittal, suitable for public disclosure, in electronic format. Redact only information exempt under applicable law and include the exemption citation.

8.3. City’s Judgment on Disclosure

The City reserves the right to exercise its judgment regarding the disclosure of records and may take any necessary actions to comply with federal or state public records laws.

8.4. Ownership of Submittals

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

Fort Myers and will not be returned.

9. Electronic Pricing Form Instructions

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

9.1. Pricing Instructions

9.1.1. Submission Process

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

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

9.1.2. Unit and Extended Prices

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

9.1.3. Inclusive Pricing

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

10. Binding Submissions

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

11. Late Submissions

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

4.9. 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 of Solicitation 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.

4.10. 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 Contractor 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.

4.11. 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.

4.12. 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.

4.13. Irrevocable Offer

By submitting a response to this Solicitation, the Contractor agrees that their submission constitutes an irrevocable offer to the City 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.

4.14. Evaluation and Award Process for Invitation to Bids

1. Initial Review of Submissions

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

1.1. Verification of answers to required questions.

1.2. Confirmation of professional licensing.

1.3. Evaluation of references.

1.4. Review of bonding documents, if required.

1.5. Assessment of other relevant criteria.

2. Departmental Analysis

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

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

3. Optional Discussions

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

Contractor to clarify their submissions.

4. Recommendation and Notice of Intent to Award

The Department Representative will email their recommendation to the Procurement

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

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

5. Evaluation of Contractor's Capabilities

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

5.1. Financial capability,

5.2. Reputation and integrity,

5.3. Skill and business experience,

5.4. Quality of performance on similar projects.

6. Additional Research

The City may conduct any necessary research to assist in evaluating submissions and determining the responsibility, qualifications, and financial capability of 1) Contractor, 2)

Proposed Subcontractor and Supplier. 3) Other relevant persons or organizations.

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

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

4.15. 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.

4.16. 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.

4.17. Award of Contract for Invitation to Bids

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

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

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

Procurement Code, Chapter 23, Article 3 of the City of Fort Myers Code of Ordinances.

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

4.18. Term of Contract

The City intends to negotiate a contract for 5 years with no renewals.

4.19. 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 Draft Contract after responses are received and prior to execution. Revisions may be made to address the specific requirements or circumstances of the solicitation.

4.20. 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.

4.21. Debriefing of Proposers

Not later than thirty (30) days after Board approval of a selection or shortlist, a proposer may submit a written request to the applicable contracting agent for a debriefing on the evaluation of their proposal. The contracting agent will schedule a meeting with the Proposer for the debriefing. However, at the Proposer’s request, the debriefing may be conducted via telephone conference. The debriefing shall include the following minimum information:

1. Key requirements of the solicitation.

2. The overall ranking of all proposals.

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

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

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

6. Responses to any relevant questions of the Proposer.

Untimely debriefing requests will also be considered.

4.22. 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.

4.23. Identification of Variances

The Contractor must clearly identify any variances from the Solicitation requirements, no matter how minor. Any exceptions to the scope of work must be specifically noted and thoroughly explained in the Contractor’s questionnaire. If no variances are identified in the submittal, the

City will assume that:

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

2. The Contractor agrees to all terms and conditions outlined in the attached Draft Contract.

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

Solicitation requirements.

4.24. Cone of Silence

A Contractor submitting a response to this Solicitation, or individuals acting on their behalf, are prohibited from contacting any employee, elected or appointed official or officer of the City concerning any aspect of this Solicitation from the time of its release until the end of the 72-hour period (excluding Saturdays, Sundays, and City recognized holidays) following the City’s posting of the notice of intended award.

Exceptions

1. Written communications directed to the Procurement Officer.

2. As explicitly provided in the Solicitation documents.

Violation

Failure to adhere to this provision may result in the rejection of the Contractor’s response in accordance with Section 287.057(25), Florida Statutes.

5. FEDERAL SUPPLEMENTAL CONDITIONS

Priority of Federal Provisions

To ensure acceptance of the Solicitation, Contractor must adhere to the following instructions.

In the event of a conflict between the Instructions, General Conditions, Special Conditions, or the Special Conditions for Federal Contracts, the Special Conditions for Federal Contracts shall take precedence.

Purpose of Federal Contract Provisions

As a recipient of funding from the Federal Emergency Management Agency (FEMA), the City of

Fort Myers (“City”) is required to include specific provisions in contracts funded in whole or in part with federal financial assistance, as applicable under relevant federal regulations and guidance.

These provisions apply to all contracts, purchase orders, work orders, and similar agreements

(collectively referred to as “Contracts”) that may be utilized in response to a federally declared disaster. Such contracts may be funded in whole or in part by FEMA Federal Public Assistance funding.

Note: Funding provided under other federal programs may require additional or different provisions.

Acceptance of Federal Provisions

By submitting an offer/response, the Contractor agrees to: Incorporate the following provisions into any resulting Contract or Subcontract and Include these provisions in any additional

Contract or Agreement to which this section is physically attached or incorporated by reference when executed.

5.1. Access to Records 2 C.F.R. § 200.337

Right of Access

The following access to records requirements apply to this Contract:

1. The Contractor agrees to provide The City of Fort Myers, Lee County, the FEMA

Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this Contract for the purposes of making audits, examinations, excerpts, and transcriptions.

2. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

3. The Contractor agrees to provide the FEMA Administrator or his or her authorized representatives access to construction or other work sites pertaining to the work being completed under the Contract.

4. In compliance with the Disaster Recovery Act of 2018, the City and the Contractor acknowledge and agree that no provision in this contract is intended to limit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.

5.2. Buy Clean

City encourages the use of environmentally friendly construction practices in the performance of this Contract. In particular, City encourages that the performance of this Contract includes considering the use of low-carbon materials which have substantially lower levels of embodied greenhouse-gas emissions associated with all relevant stages of production, use, and disposal, as compared to estimated industry averages of similar materials or products as demonstrated by their environmental product declaration.

5.3. Byrd Anti-Lobbying Amendment Provisions, 31 U.S.C. 1352 (as amended)

Contractors who apply or bid for an award of $100,000 or more shall file the required certification found at APPENDIX A, 44 C.F.R. PART 18. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of

Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C.

§ 1352. Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the federal agency.

5.4. Changes

Any changes to the scope of work, price, or schedule shall be made in writing and signed by an authorized representative of each party.

5.5. Clean Air & Clean Water Act Compliance

Required for all contracts and subcontracts in excess of $150,000.

1. Clean Air Act

A. The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

B. The Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the

Federal Emergency Management Agency and the appropriate Environmental Protection

Agency Regional Office.

C. The Contractor agrees to include these requirements in each subcontract exceeding

$150,000 financed in whole or in part with federal assistance provided by FEMA.

2. Federal Water Pollution Control Act

A. The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. §

1251 et seq.

B. The Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the

Federal Emergency Management Agency and the appropriate Environmental Protection

Agency Regional Office.

C. The Contractor agrees to include these requirements in each subcontract exceeding

$150,000 financed in whole or in part with federal assistance provided by FEMA.

5.6. Contract Work Hours and Safety Standards Act

Required for all contracts in excess of $100,000 that involve the employment of mechanics, laborers, and construction work. The following language, found at 29 C.F.R. § 5.5(b)(1)-(5), is required:

Compliance with the Contract Work Hours and Safety Standards Act.

1. Overtime requirements. No contractors or subcontractors contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the Contractor and any subcontractors responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of

Columbia or a territory, to such District or to such territory), for liquidated damages.

Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchpersons and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $32 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1).

3. Withholding for unpaid wages and liquidated damages.

1. Withholding Process. The federal awarding agency or City may, upon its own action, or must, upon written request of an authorized representative of the Department of

Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages; monetary relief, including interest; and liquidated damages required by the clause set forth in 29

C.F.R. § 5.5(b), any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety

Standards Act that is held by the same prime contractor (as defined in 29 C.F.R. §

5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards

Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld.

2. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with the above provisions over claims to those funds by:

1. A contractor’s surety(ies), including without limitation performance bond sureties and payment bond sureties;

2. A contracting agency for its re-procurement costs;

3. A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor’s bankruptcy estate;

4. A contractor’s assignee(s);

5. A contractor’s successor(s); or

6. A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907.

4. Subcontracts. Contractor or subcontractors shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime

Contractor shall be responsible for compliance by any subcontractors or lower tier subcontractors with the clauses set forth in paragraphs (1) through (4) of this section.

In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate.

5. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:

1. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act

(CWHSSA) or its implementing regulations in this part;

2. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this part;

3. Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or

4. Informing any other person about their rights under CWHSSA or this part.

Where the Contract is subject to the Contract Work Hours and Safety Standards Act, but not to subject to the other statutes in 29 C.F.R. § 5.1 where an additional contract provision is required, the following language applies:

6. Further Compliance with Contract Work Hours and Safety Standards Act:

1. The Contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the Contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid.

2. Records to be maintained under this provision shall be made available by the

Contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency

Management Agency, and the Department of Labor, and the Contractor or subcontractor will permit such representatives to interview employees during working hours on the job.

5.7. Copyright

The Contractor grants to the City, a paid-up, royalty-free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the

City or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works.

Upon or before the completion of this contract, the Contractor will deliver to the City data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the City.

5.8. DHS Seal, Logo and Flags

Contractor must obtain written permission from the City and the U.S. Department of Homeland

Security (DHS) prior to using the DHS seals, logos, crests, or reproductions of flags, or likenesses of DHS agency officials. This includes use of DHS component (e.g., FEMA, CISA, etc.) seals, logos, crests, or reproductions of flags, or likenesses of component officials.

5.9. Domestic Preference for Procurement (2 C.F.R. § 200.322)

All FEMA recipients and subrecipients are required to include in all contracts and purchase orders for work or products.

1. The recipient or subrecipient should, to the greatest extent practicable and consistent with law, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products).