Purchase_and_Installation_of_Mechanically_Driven_Influent_Slide_Gates.pdf

25-056-Quote

Purchase and Installation of Mechanically Driven Influent Slide Gates

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

Purchase and Installation of Mechanically Driven Influent Slide Gates, 25-056-Quote

TABLE OF CONTENTS

I. Project Details II. Instructions to Consultant/Contractor

III. General Conditions IV. Insurance Requirements

V. Definitions VI. Vendor Submissions

VII. Pricing Table

VIII. CONTRACT SIGNATURE PAGE

1. Project Details

1.1. Solicitation Timeline

Below is the proposed solicitation schedule. Dates are subject to change.

Advertise & Release Date: March 21, 2025

Question Submission Deadline: March 28, 2025, 4:00pm

Submission Deadline: April 4, 2025, 2:00pm

1.2. Important Instructions for Electronic Submittal

The City of Fort Myers is accepting electronic quote 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.

1.3. 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 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 Council.

C. To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five (5) days of Owner’s request written evidence, such as financial data, previous experience, present commitments and other such data as may be called for below (or in the Supplementary Instructions)

D. Respondents are required to inform the City of any relevant legal or ethical issues.

Specifically, they need to disclose:

• Judgments: Any current or pending court decisions against them.

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

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

(actions that are morally reprehensible).

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

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

https://procurement.opengov.com/signup

1.4. Scope of work

Scope of Work for Purchase and Installation of Mechanically Driven Influent Slide Gates

1. Summary

The City of Fort Myers, FL, is seeking proposals for the purchase and installation of mechanically driven influent slide gates for the wastewater treatment facilities located at 1501

Raleigh Street, Fort Myers, FL 33916 & 1618 Mathew Drive, Fort Myers, FL 33907. The purpose of this project is to enhance the control of influent flows into the treatment process while ensuring compliance with state and federal regulations. The selected vendor will provide quality products and professional installation services to ensure seamless operation and integration with existing systems.

2. Detailed Specifications

The influent slide gates must meet the following specifications:

A. Type: Mechanically driven slide gates, designed specifically for controlling wastewater flow.

B. Size: four influent manually placed slide gates (2 at each plant) at a size of 5'2"w x

5'8"h, to be manufactured and installed.

C. Material: Gates must be constructed from corrosion-resistant materials such as stainless steel or reinforced composites capable of handling the harsh conditions of a wastewater environment.

D. Design Standards:

1. American Society for Testing and Materials (ASTM) Standards

2. American National Standards Institute (ANSI) Standards

3. National Association of Sewer Service Companies (NASSCO) Standards

E. Operating Mechanism: The gates must be equipped with a mechanical drive system that allows for easy operation, preferably with options for both manual and motorized controls.

F. Seal Design: Gates should include reliable sealing mechanisms to prevent leaks and ensure a positive shut-off under varying fluid levels.

G. Flow Capacity: Each gate should be capable of handling flows discussed during the pre-bid meeting, providing detailed calculations of hydraulic performance.

H. Testing: Each gate must be tested and certified to meet operational performance criteria prior to installation.

3. Service Requirements

The selected vendor must provide the following service requirements:

A. Pre-Installation Consultation: A pre-installation meeting with City representatives to discuss specific site requirements and project timelines.

B. Product Delivery: All products shall be delivered to the City’s wastewater treatment facilities, scheduled and coordinated with City staff to ensure minimal disruption to existing operations.

C. Installation: Comprehensive installation service shall be provided, which includes:

1. Conducting site assessments to determine installation requirements

2. Proper alignment and secure mounting of gates

3. Integration with existing mechanical systems, including required electrical and hydraulic connections

4. Testing of mechanisms for functionality and operational readiness

5. Commissioning of gates and training for City staff on operation and maintenance

6. Providing all documentation, including installation instructions, operation manuals, and maintenance guidelines.

D. Post-Installation Support: A minimum of one year of warranty for parts and labor post-installation, with options for extended warranty and service contracts.

E. Compliance with Regulations: Ensuring all installation practices comply with Federal and State regulations, including OSHA safety standards, and providing copies of all relevant inspection records.

4. Delivery Requirements

Delivery of the influent slide gates and related components must adhere to the following requirements:

A. Delivery Timeline: Proposals must include a detailed timeline for delivery, showing the lead time from the date of order to the on-site delivery date (no more than 90 days).

B. Packaging: All products must be securely packaged to prevent damage during transport.

C. Installation Timing: Installation shall be scheduled at a mutually agreed time to minimize disruption to the City’s operations, with proposed dates outlined in the project timeline.

D. Notification: Vendor must notify the City’s representative at least five business days before delivery to coordinate receipt of products.

5. Evaluation Criteria

Proposals will be evaluated based on the following criteria:

A. Cost of Products and Services

The City of Fort Myers appreciates your interest in this procurement opportunity and looks forward to your proposal.

2. Instructions to Consultant/Contractor

REQUEST FOR INFORMATION

The requesting department is the official source to obtain information relating to this Quote. It is incumbent on the Consultant/Contractor 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 due date.

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 Consultant/Contractor.

The City will not be responsible for the distribution of addenda and/or other information regarding this request if the Consultant/Contractor 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 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.

mailto:cfmpurchasing@cityftmyers.com https://www.cityftmyers.com/1171/Procurement-Services

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.

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

2.3. Examination of Solicitation Documents

It is the responsibility of each Consultant/Contractor, 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 Consultant/Contractors 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 Consultant/Contractor’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 any award will be in the form of a purchase order.

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 or answers to published questions 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 Consultant/Contractors 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 Consultant/Contractor 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 Consultant/Contractor shall be made in the form of addenda to the submittal documents and posted to OpenGov. Consultant/Contractor 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.

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 Consultant/Contractor 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 response in a clear and concise manner. Ensure that the content of your 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 Consultant/Contractors may incur in preparing and submitting Proposals including presentations or any other expenses incurred by the Consultant/Contractors.

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 Consultant/Contractors should be aware this quote and the responses are in the public domain after the intent to award notification or thirty (30) days after solicitation closing. Consultant/Contractors 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 Consultant/Contractors 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 Quote submitted, a Consultant/Contractor asserting any exemptions from public disclosure regarding any portions of its Quote shall also provide a redacted copy of its

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

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

Consultant/Contractor's designation of material as confidential or exempt from public disclosure.

A Consultant/Contractor 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

Consultant/Contractor’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 Consultant/Contractors in response to this Quote will become the property of the City of Fort Myers and will not be returned.

2.8. Submission Requirements

Consultant/Contractors 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

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

Consultant/Contractor 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. Required Documents – (see Vendor Questionnaire)

2. Consultant/Contractors 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.

3. Consultant/Contractors 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.

4. Litigation History

The Consultant/Contractor shall describe whether Consultant/Contractor is involved in any current litigation or have any outstanding judgments pending against Consultant/Contractor.

5. Electronic Pricing Form Instructions

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

All responsive Consultant/Contractors 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.

5.1 Pricing Instructions (if applicable)

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

Consultant/Contractors 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 twenty (120) calendar days following opening.

3. Late Submissions

Late Submissions will not be accepted. Consultant/Contractors 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 Consultant/Contractor 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 Consultant/Contractors 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 Consultant/Contractors 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 Consultant/Contractor's account on OpenGov any time prior to the opening of Solicitations.

2. If, within twenty-four hours after Solicitations are opened, any Consultant/Contractor 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 Consultant/Contractormay withdraw its Solicitation and the Solicitation security will be returned. Thereafter, that Consultant/Contractor will be disqualified from further submitting on the Work to be provided under the Contract Documents.

2.12. Closing Date & Time

It is the Consultant/Contractor's responsibility to ensure that submittals are electronically uploaded before the date and time described herein. Consultant/Contractors are encouraged to give themselves adequate time in case of system upload issues. The City is not responsible for computer related issues within the software and will not extend the time due to such matters.

2.13. Evaluation of Submittals

1. Initial Review of Responses: The department initiating the request 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. The Department Representative reviews responses, in which a Notice of Intent to Award is based. This is not a guarantee of contract.

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

Consultant/Contractor prior to making an award.

2.14. Reserved Rights

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

Consultant/Contractors 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 Consultant/Contractor 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 Consultant/Contractor, 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 Consultant/Contractor if it is in the best interest of the City, whether the Solicitation is not responsive, or the Consultant/Contractor is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by City.

2.15. Award of Contract

1. Purchase Order

The purchase order provided by the City, to the selected Consultant/Contractor within the time for acceptance specified, results in a binding contract without further action by either party. The contract shall consist of this Solicitation and any addenda thereto, the

Consultant/Contractor's submittal, and established purchase order. If a contract is established, this will also become an official part of the contract. The contract shall be governed in all respects according to the laws of the State of Florida in Lee County, Florida.

2. Multiple Awards.

The City reserves the right, in its sole discretion, after evaluation of all responsive submittals, to award the work described herein to more than one responsive and responsible

Consultant/Contractor. In such cases where an award is made to more than one responsive and responsible Consultant/Contractor, the City shall apportion the work among the various providers in such manner and at such time as it deems appropriate under the circumstances in its sole discretion and no minimum amount or proportion of work is guaranteed to any single provider or class of providers.

3. Indemnification

The Consultant/Contractor shall indemnify, hold harmless, and defend the City, and their respective City Council, Mayor, City Manager, their agents and employees, and anyone directly or indirectly employed by either of them, from and against any and all liabilities, losses, claims, damages, demands, expenses, or actions, either at law or in equity, including court costs and attorney's fees, that may hereafter at any time by made or brought by anyone on account of personal injury, property damage, loss of monies, or other loss, allegedly caused or incurred, in whole or in part, as a result of any negligent, wrongful, or intentional act or omission, or based on any action of fraud or defalcation by the Consultant/Contractor, or anyone performing any act required of the Consultant/Contractor in connection with performance of any contract awarded pursuant to this Solicitation.

The Consultant/Contractor shall indemnify and hold harmless, and defend the City, and their respective City Council, Mayor, City Manager, their agents and employees, and anyone directly or indirectly employed by either of them, from and against all liabilities, damages, claims, demands, or actions at law or in equity, including court costs and attorneys' fees that may hereafter at any time be made or be brought by anyone arising out of any infringement of patent rights or copyrights held by others or for the disclosure or improper utilization of any trade secrets by the Consultant/Contractor during or after completion of the Work. These obligations shall survive acceptance of any goods, services, and/or performance and payment therefore by the City.

4. Hold Harmless Contract

The Consultant/Contractor shall Hold Harmless the City, its directors, employees and assigns, from any and all claims, suits, actions, damages, liability and expenses in connection with loss of life, bodily or personal injury or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of, or occurring in connection with the performance of this contract. The Consultant/Contractor’s obligation shall not be limited by, or in any way to, any insurance coverage or by any provision in or exclusion of omission from any policy of insurance.

5. Employment Eligibility: E-Verify System:

This Contract is subject to the terms, conditions, provisions and requirements of Section

448.095 of the Florida Statutes which is incorporated herein by this reference. Pursuant to

Section 448.095 of the Florida Statutes, Contractor represents and warrants that it has registered with and uses the E-Verify System to verify the work authorization status of all newly hired employees and shall continue to do so at all times during the term of the Contract. If

Contractor enters into a contract with a subcontractor, the subcontractor must provide the

Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. A copy of the Contractor’s E-Verify MOU must be on file with the City before any work commences.

2.16. Exceptions

The Consultant/Contractor must IDENTIFY any variances from the Solicitation NO MATTER

HOW SLIGHT. Any exceptions to the scope must be noted and explained in detail as part of the Consultant/Contractor’s submission. If variations are not stated in the submittal, it will be assumed that the specified material, equipment, or service fully complies with our solicitation.

3. General Conditions

3.1. Acceptance of Materials/Services

The City will deem to have accepted the Work after approval by the Department stating that the Work is completed, in accordance with solicitation specifications. The Work under this

Agreement shall remain the property of the Contractor until the City accepts such work. In the event the Work furnished under this Agreement is found to be defective or does not conform to the specifications, the City reserves the right to cancel the Agreement upon written notice to the Contractor.

3.2. Assignment

By the submission of this submittal, the Consultant/Contractor agrees not to sell, assign, or transfer any of its rights, duties, or obligations under the contract or under any purchase order issued pursuant to the contract, without the prior written consent of the City. The Contractor shall give full attention to the contract, to the faithful execution of the contract, and shall keep the same under its control.

3.3. Right to Audit Records

The City shall be entitled to audit the books and records of a Consultant/Contractor or any subcontractor to the extent that such books and records relate to the performance of the contract or any subcontract. The Consultant/Contractor and its subcontractors shall retain and maintain financial records and other records relating to the contract for a period of five (5) years from the date of final payment under the contract and by the subcontractor for a period of five (5) years from the date of final payment under the subcontract unless a shorter period is otherwise authorized in writing by the City. If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the 5-year period, the records must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular 5-year period, whichever is later.

3.4. Changes in Work

The City, without invalidating the contract, may order changes in the Work within the general scope of the contract consisting of additions, deletions, or other revisions, the Agreement price and time being adjusted accordingly. All such changes in the Work shall be authorized by a written change order and shall be executed under the applicable conditions of the contract. If the Contractor plans to make a claim for an increase in the contract price or an extension in the contract schedule term, it shall first give the City written notice within ten (10) calendar days.

No claim for extra work will be considered valid by the City unless first submitted in writing.

3.5. Correction of Work

The Contractor shall promptly correct all Work rejected by the City as faulty, defective, or failing to conform to the contract whether observed before or after substantial completion of the

Work, and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work.

Due to the nature of the services to be provided and the potential impact to the City for loss, the Contractor cannot disclaim consequential or special damages related to the performance of this Agreement. The Contractor shall be responsible and accountable for any and all damages, directly or indirectly, caused by the actions or inaction of its employees, staff, or

Subcontractors. There are no limitations to this liability.

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

The Consultant/Contractors shall perform all of its obligations and functions under the Contract by means of its own employees, or by a duly qualified sub-contractor, which is approved in advance by the City. In the event a subcontractor is employed, the Consultant/Contractors shall continuously monitor the subcontractor’s performance, shall remain fully responsible to ensure that the subcontractor performs as required and itself perform or remedy any obligations or functions, which the subcontractor fails to perform properly.

3.7. Eligible Users

All departments of the City are eligible to use this contract.

3.8. Employee Eligibility Verification System (E-Verify)

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

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

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

• Commercial or noncommercial services or construction

• Work performed in the United States.

• Any Consultant/Contractor working for the government must verify eligibility and supply a Memorandum of Understanding

Consultant/Contractors who are not enrolled in the program at the time the City project is advertised, must enroll, and produce a copy of the Memorandum of Understanding (MOU) with the Consultant/Contractor’s submission to the City. Upon signing up for the program, the

Consultant/Contractor must follow the federal guidelines for verifying all their employees, whether assigned to the contract or not, are in accordance with the Verification of Employment

Eligibility.

Consultant/Contractors that are already enrolled in the program must produce a copy of their

MOU with the Consultant/Contractor’s submission to the City. Consultant/Contractors must follow the federal guidelines for verifying all their employees, whether assigned to the contract or not, are in accordance with the Verification of Employment Eligibility.

Subcontractor requirement: Consultant/Contractors shall require all subcontracted

Consultant/Contractors to flow down the requirement to use E-Verify to subcontractors. It shall be the Consultant/Contractor’s responsibility to familiarize themselves with all rules and regulations governing this program. By providing a submission to the City, the Contractor and any subcontractor(s) are obligated to comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes but is not limited to utilization of the E-Verify System to verify the work authorization status of all newly hired employees and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of any resulting Contract (including any Purchase Order), or if a subcontractor knowingly violates the statute, the resulting subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If any contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of 1 year after the date of termination.

For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the E-Verify Website. Consultant/Contractors shall be required to provide the City

Procurement Services an executed affidavit vowing they shall comply with the E-Verify Program for each service/project.

3.9. Failure to Complete

Failure to complete the project that is the subject of the request within the time constraints set forth in the Solicitation requirements or as specified shall create a right in the City to the following cumulative remedies:

1. Termination of award,

2. Reimbursement of all costs associated with awarding the project to the second ranked

Consultant/Contractor.

3. Payment of any damages to the city caused by the delay, including any increase in costs.

4. All costs associated with re-soliciting the project, if required.

5. Any other legal remedies available under Florida law for breach of a contractual agreement.

3.10. Failure to Enforce

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

3.11. Failure to Perform

The parties understand and agree that time is of the essence in the performance of the contract. The Contractor or City, respectively, shall not be liable for any loss or damage, resulting from any delay or failure to perform its contractual obligations within the time specified, due to acts of God, actions or regulations by any governmental entity or representative, strikes or other labor trouble, fire, embargoes, or other transportation delays, damage to or destruction in whole or in part, of equipment or manufacturing plant, lack of or ability to obtain raw materials, labor, fuel or supplies for any reason including default of

Consultant/Contractors, or any other causes, contingencies or circumstances not subject to the

Contractor's or City's control, respectively, whether of a similar or dissimilar nature, which prevent or hinder the performance of the Contractor's or City's contractual obligations, respectively. Any such causes of delay, even though existing on the date of the Agreement or on the date of the start of Work, shall extend the time of the Contractor's or City's performance respectively, by the length of the delays occasioned thereby, including delays reasonably incident to the resumption of normal Work schedules. However, under such circumstances as described herein, the City’s Procurement and Contracts Manager may cancel the contract for the convenience of the City. The Contractor agrees that all Work shall be executed regularly, diligently, and uninterrupted at such a rate of progress as will ensure full completion thereof within the time specified.

3.12. Florida Records Law / Venue

Any contract entered into as a result of this solicitation shall be deemed to be under and shall be governed by, and construed according to, the laws of the State of Florida. Any litigation arising out of this contract shall be commenced in the State and Federal Courts of Lee County, Florida. The Contractor shall comply with all applicable federal, state, and local laws in the performance of work under the contract. To the extent applicable, Contractor shall comply with

Florida public records laws, including Sections 119.0701(2) (b) 1 through 4 of the Florida

Statutes. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF

CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE

PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF

THE PUBLIC RECORDS AT C/O CITY CLERK, (239) 321-7042,

jgravitt@fortmyers.gov, 2200 Second Street., Fort Myers, FL 33901.

3.13. Force Majure

Neither party shall be liable for any delay in performance or failure to perform any obligation hereunder if, and to the extent that, such failure or delay is caused by an event of Force

Majeure. Force Majeure shall mean any act, event or condition that is beyond the party's reasonable control, that materially and adversely affects the party's ability to perform its obligations hereunder, and that is not the result of the party's willful neglect, error, omission or failure to exercise reasonable due diligence.

3.14. Foreign Corporation

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

3.15. Consultant/Contractor's Guarantee

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

3.16. City Recognized Holidays

City recognized holidays include New Years Day, Martin Luther King Day, Presidents Day, Memorial Day, Juneteenth, July 4th, Labor Day, Thanksgiving Day, the day after Thanksgiving, and Christmas Day.

3.17. Immigration Laws

THE CITY WILL NOT INTENTIONALLY AWARD CITY CONTRACTS TO ANY

Consultant/Contractors WHO KNOWINGLY EMPLOYS UNAUTHORIZED ALIEN WORKERS, CONSTITUTING A VIOLATION OF THE EMPLOYMENT PROVISIONS CONTAINED IN 8 U.S.C.

SECTION 1324 a(e) {SECTION 274A(e) OF THE IMMIGRATION AND NATIONALITY ACT

(“INA”).

THE CITY MAY CONSIDER THE EMPLOYMENT BY ANY Consultant/Contractors OF

UNAUTHORIZED ALIENS A VIOLATION OF SECTION 274A(e) OF THE INA. SUCH VIOLATION

BY THE RECIPIENT OF THE EMPLOYMENT PROVISIONS CONTAINED IN SECTION 274A(e) OF

THE INA SHALL BE GROUNDS FOR UNILATERAL CANCELLATION OF THE CONTRACT BY THE

CITY.

mailto:jgravitt@cityftmyers.com

Consultant/Contractors ATTESTS THAT THEY ARE FULLY COMPLIANT WITH ALL APPLICABLE

IMMIGRATION LAWS (SPECIFICALLY TO THE 1986 IMMIGRATION ACT AND SUBSEQUENT

AMENDMENTS)

3.18. Inspection, Acceptance, and Title

Inspection and acceptance will be at destination unless otherwise stipulated. Title and risk of loss or damage to all items shall be the responsibility of the Consultant/Contractor.

3.19. Liability for Errors

The City has used considerable efforts to ensure accurate representation of the information in this Solicitation, the information contained is supplied solely as a guideline for

Consultant/Contractors. The information is not guaranteed or warranted to be accurate by the

City nor is it necessarily comprehensive. Nothing in the Solicitation is intended to relieve the

Consultant/Contractors from forming their own opinions and conclusions with respect to this request.

3.20. Mistakes

Consultant/Contractors are expected to examine the specifications, delivery schedule, and all instructions pertaining to materials, equipment, services. Failure to do so will be at the risk of the Consultant/Contractor. Consultant/Contractor shall report any mistakes to the Procurement

Manager.

3.21. Payment

1. Discount

Consultant/Contractor(s) may offer a discount for prompt payment; however, such discounts shall not be considered in determining the lowest net price for evaluation purposes. Discounts will be computed from the date of satisfactory delivery at place of acceptance or from receipt of correct invoice at the office specified, whichever is later.

Consultant/Contractor(s) is requested to offer price discount for prompt invoice payment. It is the policy of the City to make payments of invoices in time to earn any offered discounts.

Discount time will be computed from the date of satisfactory delivery at place of acceptance or from receipt of correct invoice at the Accounts Payable Office, whichever is later.

2. Invoicing

All invoices, in order to be classified as a proper invoice, shall be delivered via e-mail to

APInvoices@fortmyers.gov and addressed to Accounts Payable, Finance Department, City of

Fort Myers, 2200 Second Street, Fort Myers, Florida, 33901.

For purposes of billing submission and payment procedures, a "proper invoice" by a

Consultant/Contractor(s) or other invoicing party shall conform to the following process:

1. A description (including quantity) of the goods and/or services provided to the City (or a party on behalf of the City) reasonably sufficient to identify it (or them);

2. The amount due, applicable discount(s), and the terms thereof;

mailto:APInvoices@cityftmyers.comfortmyers.gov

3. The full name of the Consultant/Contractor(s) or other party who is supplying the goods and/or services including a mailing address in case of a dispute and a mailing address for payment purposes (if they are different) and a telephone number;

4. The Purchase Order or Contract number as supplied by the City;

5. An identification by Division, Office or Department of the party(ies) to whom the goods were delivered or services provided; and

6. In order to be considered as a proper invoice, it must be based on (a) a proper delivery,

(b) installation, or (c) provision of the goods and/or services acceptance by the City; and the Consultant/Contractor(s) or other party who is supplying the goods and/or services has otherwise complied with all of the Contract's terms and conditions and is not in default of any of them.

3. Payment Dispute Resolution

In the event a dispute occurs between a Consultant/Contractor ("invoicing party") and the City concerning payment of an invoice, the City Department, Office or Division which has the dispute along with a representative of the City's Procurement Services and the invoicing party shall meet to consider the disputed issues.

The invoicing party shall provide the City such material and information as the City may reasonably require. Any such procedure shall be initiated by either party notifying the other in writing of a dispute and stating with specificity its nature. This procedure shall commence not later than forty-five (45) days and be resolved not later than sixty (60) days, after the date on which the proper invoice was received by the City. Any decision by the Director of Finance shall constitute the final decision of the City regarding these matters and shall be communicated in writing to the invoicing party within three business days after such decision.

If no decision is rendered within the time period as set out above, then a decision against the invoicing party shall be deemed to have been issued.

3.22. Pricing Sheet

1. Must complete this section in its entirety.

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

3. Goods Orders. The Consultant/Contractor will adhere to the following:

3.1 Delivered costs will be included in your unit price, unless otherwise indicated.

3.2 Minimum order quantities are not allowed for this solicitation.

3.3 Unit pricing will be inclusive of inside delivery.

4. F.O.B. Destination. Offered prices for all items will be F.O.B. Destination and include all shipping charges to all City locations. Title to/or risk of loss or damage to all items will be the responsibility of the Consultant/Contractor until acceptance by City. If the goods supplied to

City are defective or do not conform to specifications, City reserves the right to cancel the order upon written notice to the Consultant/Contractor. Returns will be at the Consultant/Contractor's expense.

5. Price Reductions. If, from the date of award, the Consultant/Contractor either proposes the same products and/or services at a lower price than offered to City or reduces the price of the proposed goods and services,…