Portable_Sanitation_(Disaster).pdf

0023-24-ITB

Portable Sanitation (Disaster)

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

Portable Sanitation (Disaster), 0023-24-ITB

TABLE OF CONTENTS

I. Project Details II. Instructions to Respondents

III. General Conditions IV. Special Conditions

V. Insurance Requirements VI. Minority Business Enterprise

VII. Definitions

VIII. Vendor Submissions IX. Pricing Table

1. Project Details

1.1. Important Instructions for Electronic Submittal

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

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

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

1.2. Minimum Qualifications of Respondents

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

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

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

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

To demonstrate qualifications to perform the Work, each Respondent 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.

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

1.3. Scope of Work

This contract will be used primarily in the event of a natural disaster such as a hurricane, flood, or earthquake but may also be used during the normal course of business should the need arise.

Vendor’s Responsibilities:

1. All rented units shall be freshly serviced. During the rental period, units placed for a week or longer shall be serviced at least twice weekly. During special events, units shall https://procurement.opengov.com/signup be serviced more frequently as requested by the City’s Project Manager at the service charge/additional pump out rate.

2. If required by City’s Project Manager, and noted at the time of delivery, Vendor’s personnel shall sign in and sign out each time they visit a site.

3. The Vendor shall maintain e-mail and/or telephone capability and shall have a responsible person(s) in charge during normal business hours, 8:00 a.m. to 5:00 p.m., Monday through

Friday, excluding City recognized holidays. The Vendor shall provide either a telephone answering service or mechanical device to receive customer inquiries after normal business hours.

4. Deliverables. Delivery is called for between the hours of 8:00 a.m. and 3:00 p.m. Monday through Friday, excluding holidays, unless otherwise specified. Respondent will deliver commodity, upon written notice of Bid acceptance, within twenty-four (24) hours from receipt of purchase order/work order, unless pre-approved by the Contract Manager.

• Unit pricing will be inclusive of inside delivery.

• Products/equipment offered herein are based upon being delivered and operational.

• Special instructions as specified on the purchase order/work order

5. The Vendor shall provide the City’s Contract Administrator with an emergency phone number that shall be answered 24 hours per day, seven (7) days per week.

6. The Vendor’s vehicles and equipment shall be maintained in a safe working condition and shall display the name and working phone number of the Vendor.

7. Intentionally left blank.

8. Vendor vehicles or equipment shall not interfere unduly with vehicular or pedestrian traffic and shall not be left unattended while in operation.

9. The Vendor will supply consumables of soap, paper towels, and toilet tissue. Items will be fully stocked when unit is delivered and be restocked each time a unit is serviced. The unit prices in the fee schedule will include the cost of consumables. The unit price for restocking consumables will be included in the service charge / additional pump out.

10. The City will work with the awarded Vendor for placement of units in a timely fashion. The awarded Vendor shall maintain a company logo and a working phone number, not to exceed

16” wide x 16” high, on each portable restroom unit. No other advertising shall be allowed. All metallic parts such as rivets, hinges, bolts, screws, etc., shall be kept to a minimum. Required fasteners shall be aluminum or stainless steel.

11. Unit prices quoted on the bid schedule are inclusive of all of the Vendor’s direct and indirect costs of performing the Work, including any surcharges, fuel charges, delivery charges, disposal charges, or other unspecified additional fees. The compensation described on the price schedule will be Vendor’s sole compensation for the products or services to be provided. Pricing will exclude any Federal or State of Florida sales tax, as the City of Fort Myers is exempt from the payment of such taxes.

12. The Vendor will submit individual invoices to the department requesting the service.

Invoices shall describe the drop off locations of the units.

Measurement and Payment

Standard Restroom, Daily - shall be constructed of fiberglass or polyethylene. The holding tank shall be capable of holding 60 gallons at a minimum. Four (4) inches of refuse shall be covered with a five (5) gallon charge. The tank shall have a smooth interior surface with no ledges or shelves. Air vents shall be angled to provide maximum privacy. Door latch shall be constructed with one (1) moving part and indicate when the unit is occupied. The door size shall be a minimum width of 26 inches and minimum height of 75 inches. The floor shall be made of a non-slip construction. Restroom seat shall be a maximum of 18 inches above the floor. The urinal shall be constructed of one (1) piece that includes the non-clogging drain tube. Unit is dropped off for an event lasting 24 hours and can be picked up the next business day. Unit price includes 1 clean out upon removal.

Standard Restroom, Weekly - shall be constructed of fiberglass or polyethylene. The holding tank shall be capable of holding 60 gallons at a minimum. Four (4) inches of refuse shall be covered with a five (5) gallon charge. The tank shall have a smooth interior surface with no ledges or shelves. Air vents shall be angled to provide maximum privacy. Door latch shall be constructed with one (1) moving part and indicate when the unit is occupied. The door size shall be a minimum width of 26 inches and minimum height of 75 inches. The floor shall be made of a non-slip construction. Restroom seat shall be a maximum of 18 inches above the floor. The urinal shall be constructed of one (1) piece that includes the non-clogging drain tube.

Units are dropped off and picked up in 7-8 days. The Contractor will return to the location 2 times during the week to pump out waste and restock consumables. City reserves the right to contact Contractor for additional pump outs which will be charged at the charge/pump out rate on the fee schedule.

Standard Restroom, Monthly - shall be constructed of fiberglass or polyethylene. The holding tank shall be capable of holding 60 gallons at a minimum. Four (4) inches of refuse shall be covered with a five (5) gallon charge. The tank shall have a smooth interior surface with no ledges or shelves. Air vents shall be angled to provide maximum privacy. Door latch shall be constructed with one (1) moving part and indicate when the unit is occupied. The door size shall be a minimum width of 26 inches and minimum height of 75 inches. The floor shall be made of a non-slip construction. Restroom seat shall be a maximum of 18 inches above the floor. The urinal shall be constructed of one (1) piece that includes the non-clogging drain tube.

These units are dropped off and remain in place for 28-31 days. Contractor will return to the location 2 times per week to pump out waste and restock consumables. City reserves the right to contact Contractor for additional pump outs which will be charged at the service charge/pump out rate on the fee schedule.

ADA Restroom, Daily - shall conform to Federal and State American with Disabilities Act

Regulations for portable restroom facilities. These units that are dropped off for an event lasting

24 hours and can be picked up the next business day. Unit price includes 1 clean out upon removal.

ADA Restroom, Weekly - shall conform to Federal and State American with Disabilities Act

Regulations for portable restroom facilities. These units are dropped off and picked up in 7-8 days. The Contractor will return to the location 2 times during the week to pump out waste and restock consumables. City reserves the right to contact Contractor for additional pump outs which will be charged at the service charge/pump out rate on the fee schedule. Unit of Measure

Each.

ADA Restroom, Monthly - shall conform to Federal and State American with Disabilities Act

Regulations for portable restroom facilities. These units are dropped off and remain in place for

28-31 days. Contractor will return to the location 2 times per week to pump out waste and restock consumables. City reserves the right to contact Contractor for additional pump outs which will be charged at the service charge/pump out rate on the fee schedule.

Restroom Trailer, 6 station, daily - This trailer typically has 6 restroom stations with laminate flooring and light. These trailers include a large water tank and battery for lights, flushing toilets and running sinks. The trailer is towable and set up is easy.

Restroom Trailer, 6 station, weekly - This trailer typically has 6 restroom stations with laminate flooring and light. These trailers include a large water tank and battery for lights, flushing toilets and running sinks. The trailer is towable and set up is easy. These units are dropped off and picked up in 7-8 days. The Contractor will return to the location 2 times during the week to pump out waste and restock consumables. City reserves the right to contact Contractor for additional pump outs which will be charged at the service charge/pump out rate on the fee schedule. Unit of Measure Each.

Restroom Trailer, 6 station, monthly - This trailer typically has 6 restroom stations with laminate flooring and light. These trailers include a large water tank and battery for lights, flushing toilets and running sinks. The trailer is towable and set up is easy. These units are dropped off and remain in place for 28-31 days. Contractor will return to the location 2 times per week to pump out waste and restock consumables. City reserves the right to contact Contractor for additional pump outs which will be charged at the service charge/pump out rate on the fee schedule.

Restroom Trailer, ADA plus 2 station, daily – ADA compliant, luxury portable restroom trailer.

This trailer has two restroom stations with decorative laminate flooring and bright light. Plus, one trailer can accommodate up to 150 people including guests with accessibility needs. These trailers include a large water tank and battery for lights, flushing toilets and running sinks. The trailer is towable and set up is easy. These units are dropped off for an event lasting 24 hours and can be picked up the next business day. Unit price includes 1 clean out upon removal.

Restroom Trailer, ADA plus 2 station, weekly – ADA compliant, luxury portable restroom trailer.

This trailer has two restroom stations with decorative laminate flooring and bright light. Plus, one trailer can accommodate up to 150 people including guests with accessibility needs. These trailers include a large water tank and battery for lights, flushing toilets and running sinks. The trailer is towable and set up is easy. These units are dropped off and picked up in 7-8 days.

The Contractor will return to the location 2 times during the week to pump out waste and restock consumables. City reserves the right to contact Contractor for additional pump outs which will be charged at the service charge/pump out rate on the fee schedule. Unit if Measure

Each.

Restroom Trailer, ADA plus 2 station, monthly – ADA compliant, luxury portable restroom trailer. This trailer has two restroom stations with decorative laminate flooring and bright light.

Plus, one trailer can accommodate up to 150 people including guests with accessibility needs.

These trailers include a large water tank and battery for lights, flushing toilets and running sinks. The trailer is towable and set up is easy. These units are dropped off and remain in place for 28-31 days. Contractor will return to the location 2 times per week to pump out waste and restock consumables. City reserves the right to contact Contractor for additional pump outs which will be charged at the service charge/pump out rate on the fee schedule.

Wash Station, Daily - Hand Wash Stations featuring either foot pump or sink top operation and include soap and paper towel dispensers. Both fresh and gray water are completely contained within the system. Water supply is non-potable (not drinkable). These units that are dropped off for an event lasting 24 hours and can be picked up the next business day. Unit price includes 1 clean out upon removal.

Wash Station, Weekly - shall conform to Federal and State American with Disabilities Act

Regulations for portable restroom facilities. These units are dropped off and picked up in 7-8 days. The Contractor will return to the location 2 times during the week to pump out waste and restock consumables. City reserves the right to contact Contractor for additional pump outs which will be charged at the service charge/pump out rate on the fee schedule.

Wash Station, Monthly - Hand Wash Stations featuring either foot pump or sink top operation and include soap and paper towel dispensers. Both fresh and gray water are completely contained within the system. Water supply is non-potable (not drinkable). These units are dropped off and remain in place for 28-31 days. Contractor will return to the location 2 times per week to pump out waste and restock consumables. City reserves the right to contact

Contractor for additional pump outs which will be charged at the service charge/pump out rate on the fee schedule.

Shower Trailer-6 station, daily - Six shower stations with easy-to-clean flooring and light. The stations can be divided into men’s and women’s sides. The unit contains a battery for lights, mounted to trailer. Unit is dropped off for an event lasting 24 hours and can be picked up the next business day. Unit price includes 1 clean out upon removal.

Shower Trailer-6 station, weekly - Six shower stations with easy-to-clean flooring and light. The stations can be divided into men’s and women’s sides. Battery for lights, mounted to trailer. These units are dropped off and picked up in 7-8 days. The Contractor will return to the location 2 times during the week to pump out waste and restock consumables. City reserves the right to contact Contractor for additional pump outs which will be charged at the service charge/pump out rate on the fee schedule. Unit if Measure Each.

Shower Trailer-6 station, monthly - Six shower stations with easy-to-clean flooring and light.

The stations can be divided into men’s and women’s sides. Battery for lights, mounted to trailer. These units are dropped off and remain in place for 28-31 days. Contractor will return to the location 2 times per week to pump out waste and restock consumables. City reserves the right to contact Contractor for additional pump outs which will be charged at the service charge/pump out rate on the fee schedule.

Laundry Trailer, daily - Laundry trailer can accommodate up to 250 lbs. of laundry an hour. The trailer can be operated without water or electric hookups, in locations without plumbing or electricity; used for disaster relief, large crews and more. The trailer must have bright lights inside; ideally, 5 washers and 6 dryers, folding table included, and towable trailer. Unit is dropped off for an event lasting 24 hours and can be picked up the next business day. Unit price includes 1 clean out upon removal.

Laundry Trailer, weekly - Laundry trailer can accommodate up to 250 lbs. of laundry an hour.

The trailer can be operated without water or electric hookups, in locations without plumbing or electricity, used for disaster relief, large crews and more. The trailer must have bright lights inside, ideally, 5 washers and 6 dryers, folding table included, and towable trailer. These units are dropped off and picked up in 7-8 days. The Contractor will return to the location 2 times during the week to pump out waste and restock consumables. City reserves the right to contact

Contractor for additional pump outs which will be charged at the service charge/pump out rate on the fee schedule. Unit of Measure Each.

Laundry Trailer, monthly - - Laundry trailer can accommodate up to 250 lbs. of laundry an hour.

The trailer can be operated without water or electric hookups, in locations without plumbing or electricity, used for disaster relief, large crews and more. The trailer must have bright lights inside, ideally, 5 washers and 6 dryers, folding table included, and towable trailer. These units are dropped off and remain in place for 28-31 days. Contractor will return to the location 2 times per week to pump out waste and restock consumables. City reserves the right to contact

Contractor for additional pump outs which will be charged at the service charge/pump out rate on the fee schedule.

Clean Out / Service charge / additional pump out – City reserves the right to contact the

Contractor to remove waste from units. This rate will be charged to the City each time additional requests are made that exceed the allowable twice a week as described under the weekly and monthly rates. Unit price includes restocking consumables. Unit of Measure Each.

Emergency Service Surcharge - This rate is charged when the Contractor picks up the unit and takes it to a Contractor designated area before its intended use is over due to an anticipated weather event such as a hurricane, tropical storm, or such. This rate includes returning the unit to its original location as soon as the weather event is over. City will be credited the daily rate for each day these units are not returned beginning the second day after the weather event ends.

2. Instructions to Respondents

REQUEST FOR INFORMATION

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

APPLICABLE LAW AND APPEALS

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

Ordinances which may be accessed online at:

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

FI_ARTIIIPU

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

AMERICANS WITH DISABILITIES ACT

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

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

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

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

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

2.1. Introduction

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

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

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

2.2. Solicitation Documents

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

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

Documents.

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

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

2.3. Examination of Solicitation Documents

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

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

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

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

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

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

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

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

2.4. Interpretations and Addenda

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

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

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

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

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

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

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

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

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

2.5. Omission from the Solicitation

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

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

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

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

2.6. Procurement Ordinance and Policy

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

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

2.7. Submittal Preparation

1. Preparation

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

2. Incurred Expenses

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

Respondents.

3. Proprietary Information

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

Statutes.

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

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

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

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

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

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

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

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

2.8. Submission Requirements

Respondents are responsible for uploading submittals directly into OpenGov.

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

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

Respondent to the submittal shall sign the qualification statement.

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

1. A single PDF formatted doc ument signed by an authorized representative must be submitted via the OpenGov portal:

2. Title Page – Introduction

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

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

5. Letter of Transmittal

A. Limit to two (2) pages.

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

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

6. Mandatory Minimum Qualification Documentation

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

Documentation must be clear and specific.

7. Required Documents – (see Vendor Questionnaire)

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

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

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

10. Litigation History

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

11. Bankruptcy

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

12. Proprietary Information

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

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

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

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

Questionnaire”, included with this solicitation.

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

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

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

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

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

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

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

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

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

13. Electronic Pricing Form Instructions

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

All responsive Respondents to this solicitation must submit electronic responses through

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

Paper responses will be deemed non-responsive.

13.1 Pricing Instructions (if applicable)

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

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

C. Although the City generally awards bids based on a "lump sum" basis to the responsive and responsible Bidder submitting the lowest total bid, the City may choose to award on a "per group" or "per item" basis. Therefore, Bidders must submit with their bids, all pricing pages on the forms provided clearly indicating which items are bid and which are not. Failure to submit these pages may render such bids non-responsive.

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

2.9. Delivery of Submittal

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

1. Instructions for submitting a response

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

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

2. Proposal Binding

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

3. Late Submissions

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

2.10. Conformance to Solicitation

All submittals shall meet and conform to all material, mandatory requirements set forth in this

Solicitation, provided that nothing shall be deemed to limit the City’s ability to waive minor irregularities without notice or the need to issue a written addendum.

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

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

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

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

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

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

2.11. Modification and Withdrawal of Solicitations

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

OpenGov any time prior to the opening of Solicitations.

2. If, within twenty-four hours after Solicitations are opened, any Respondent files a duly signed written notice with City and promptly thereafter demonstrates to the reasonable satisfaction of

City that there was a material and substantial mistake in the preparation of its Solicitation, that

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

2.12. Closing Date & Time

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

2.13. Opening Solicitations

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

1. Instructions to join the solicitation opening virtual meeting:

a. Select a method to join

b. Join the virtual meeting.

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

Opening.

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

2. Provide live public comment

An opportunity to speak will be provided to all in attendance during the meeting. You will be called by the name, email or phone number listed. When called, unmute your device and state your name and address for the record.

3. In accordance with Florida Statues, Section 119(1)(b)2: Sealed Solicitations, submittals, or replies received by an agency pursuant to a competitive solicitation are exempt from s.

119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of an intended decision or until 30 days after opening the Solicitations, submittals, or final replies, whichever is earlier.

2.14. Irrevocable Offer

The submission of a response shall constitute an irrevocable offer to the City by the Respondent for a period of one hundred twenty (120) days from the date of opening to provide the goods and services set forth in this solicitation upon the terms, conditions, and provisions of this solicitation, at the pricing set forth in the submittal, but City may in its sole discretion, release any Solicitation.

2.15. Evaluation of Submittals

1. Initial Review of Responses: Procurement Services will perform an initial review of all submittals for preliminary qualification and documentation compliance. This review process may include, but is not limited to, forms verification, professional licensing, references, and other relevant criteria. If included MBE and local preference will also be reviewed by the Procurement

Representative.

2. Procurement staff will send an overview to the Department Representative for further analysis of scope requirements and price analysis, if price is a factor.

3. Optional Discussion: At the discretion and in the best interest of the City, the City or

Committee may conduct discussions with Respondents (or the short-listed Respondents, as applicable) or seek revision of Submittals from Respondents (or the short-listed Respondents, as applicable) deemed to be responsible and reasonably acceptable to be selected. Such

Respondents (or short-listed Respondents) will be accorded fair and equal treatment with respect to discussion and revision of the Submittals. Revisions may be permitted after submission and prior to award of a Contract for the purpose of obtaining best and final offers.

4. The Department Representative emails the Procurement Representative with their recommendation, in which a Notice of Intent to Award is based. This is not a guarantee of contract. City Council authorizes final approval.

5. The City reserves the right to analyze the financial capability, reputation, integrity, skill, business experience and quality of performance under similar operations of each Respondent prior to making an award.

6. City may conduct such research as City deems necessary to assist in the evaluation of any

Solicitation and to establish the responsibility, qualifications and financial ability of Respondents, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to City’s satisfaction within the prescribed time.

2.16. Reserved Rights

1. The City has the right to request additional information, after the closing date, from the

Respondents including but not limited to, information it deems necessary to evaluate, clarify, or substantiate any area contained in each submittal and to best meet the needs of the City. This includes information which indicates financial resources as well as ability to provide and maintain the system and/or services. Moreover, the City reserves the right to make investigations of the qualifications of the Respondent as it deems appropriate, including but not limited to, a background investigation.

2. The City reserves the right to make award(s) by individual items, group of items, all or none, or a combination thereof, with one or more suppliers; to reject any or all submittals or waive any informality or technicality in submittals received.

3. The City reserves the right to reject any and all Solicitations, to waive any and all informalities and to negotiate contract terms with the Successful Respondent, and the right to disregard all nonconforming, non-responsive, unbalanced or conditional responses. The City also reserves the right to reject the submission of any Respondent if it is in the best interest of the City, whether the Solicitation is not responsive, or the Respondent is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by

City.

2.17. Protest Procedure

Any Respondent that has submitted a formal Offer to the City, and who is adversely affected by an intended decision with respect to the award of the formal Solicitation, shall file with the

City’s Procurement Manager a written notice of intent to file a protest no later than seventy-two

(72) hours (excluding Saturdays, Sundays, and City recognized Holidays) after posting of the

Solicitation tabulation, or if the Solicitation tabulation is not posted, not later than seventy-two

(72) hours (excluding Saturdays, Sundays and City recognized Holidays) after receipt of written notice from the City of the Intent to Award. The initial notice of intent to file a protest shall state the basis of the protest and clearly indicate its purpose is to serve as the initial notice of intent to file a Solicitation protest. Failure to clearly indicate its intent shall constitute a waiver of the right to seek any remedy provided under the Solicitation protest procedures.

For the purposes of computation, the initial notice of intent to file a protest shall be received by the Procurement Manager not later than four O’clock (4:00) P.M. on the third working day following the day of receipt of Notice of Intended Decision or the date of posting of Solicitation tabulation.

Any Respondent that has submitted a Solicitation to the City who is affected adversely by the intended decision with respect to Solicitation award, shall file a formal, written protest within five (5) calendar days after the date of filing of the initial notice of intent to file a protest. Upon filing of the Formal Written Protest, the Respondent shall post a bond, payable to the City in an amount equal to five percent (5%) of the total Solicitation or Ten Thousand Dollars ($10,000.00), whichever is less. Said bond shall be designated and held for the payment of any costs that may be levied against the protesting party by the City, as the result of a frivolous Protest. Said security shall be in the form of a cashier’s check on a national or state bank, money order, or a protest bond executed by the Respondent and a qualified Surety authorized to do business in the State of Florida, and acceptable to the City.

Failure to submit a cashier’s check on a national or state bank, money order or bond simultaneously with the Formal Written Protest shall invalidate the protest, at which time the

City may continue its procurement process as if the original “Notice of Intent to File a Protest” had never been filed.

The formal written protest shall contain the following:

1. City Solicitation number and title.

2. The name and address of the affected party, and the title or position of the person submitting the Solicitation protest.

3. A concise statement of the facts alleged and of the rules, regulations, statutes and constitutional provisions entitling the affected party of relief.

4. A statement indicating the relief to which the affected party deems themselves entitled.

5. Such other information as the affected party deems to be material to the issue.

6. A statement of disputed issues of material fact; and

7. Bond as required by this document.

Upon receipt of Notice of Protest, timely filed, the Procurement Manager shall hold the

Solicitation process or award of contract until the protest is resolved pursuant to fundamental principles of due process, except and unless the Dispute Committee…