Riprap,_Aggregate,_Base_Material_and_Sand.pdf

ITB 26-023

Riprap, Aggregate, Base Material and Sand

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

Riprap, Aggregate, Base Material and Sand, ITB 26-023

TABLE OF CONTENTS

1. INTRODUCTION

2. PROJECT DETAILS / SCOPE OF WORK

3. INSTRUCTIONS

4. SOLICITATION TERMS AND CONDITIONS

5. CONTRACT TERMS AND CONDITIONS

6. INSURANCE

7. DEFINITIONS

8. SUBMISSION QUESTIONNAIRE

9. SCHEDULE OF VALUES

10. Draft Contract 25

1. INTRODUCTION

1.1. Summary

Summary

The City of Fort Myers (City) requests submittals from interested and qualified Contractors to provide riprap, aggregate base material, and sand.

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

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

Chief Quartermaster of Florida. The City has 1,027 employees serving a population of 102,060 estimate full time permanent residents per the 2025 population. Fort Myers is ranked as the fastest-growing cities in the US for 2025 as well as one of the most diverse places to live, and one of the best places to retire by Reolink and Niche.

According to the Lee County Visitor & Convention Bureau, nearly 4.5 million people visit Fort

Myers each year and spend over $4 billion dollars while in the area. Fort Myers has experienced unprecedented growth in its tax base. The City added a total of $6.0 billion (76.9%) to its tax base over the past five years, .

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

Tamiami Trail. Recent accolades for the City of Fort Myers include top ranking for best places to live, to retire, and to start a new business, safest cities in America, #4 college town in

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

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

1.2. Contact Information

Direct inquiries to the following:

Procurement Representative Name

Cathy Scott, Senior Procurement Specialist

2200 Second Street

Fort Myers, FL 33901

Email: cscott@fortmyers.gov

Phone: (239) 321-7235

Requesting Department:

Public Works

1.3. OpenGov Portal

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

1.4. Timeline

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

Solicitation Release Date: January 14, 2026

Question Submission Deadline: January 30, 2026, 2:00pm

Submission Deadline: February 12, 2026, 2:00pm

Proposed City Council Approval Date: March 2, 2026

1.5. Pre-Submittal Meeting

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

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

2. PROJECT DETAILS / SCOPE OF WORK

2.1. Mandatory Minimum Qualifications

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

State of Florida.

2.2. Contractor shall have been in business under the current company/firm name for a minimum of five (5) consecutive years prior to the date of submission.

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

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

2.4.1. Judgments: Any court decisions against them.

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

2.4.3. Contractor shall disclose any pending litigation, outstanding judgments, or regulatory enforcement actions materially related to its ability to perform the requirements of this contract. Disclosure shall not automatically disqualify the Contractor but will be reviewed as part of the responsibility determination required under Florida law.

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

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

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

Contract and any contract renewals.

2.2. Scope of Services

The Contractor shall furnish and deliver riprap, aggregate base, and construction sand for roadwork. All materials shall comply with the Florida Department of Transportation (FDOT)

Standard Specifications for Road and Bridge Construction (latest edition), including but not limited to:

FDOT MATERIAL SPECIFICATIONS (Required):

Riprap / Rubble:

https://www.fdot.gov/specifications/standard-specification-library?utm_source=chatgpt.com https://www.fdot.gov/specifications/standard-specification-library?utm_source=chatgpt.com

• FDOT Section 530 (Riprap)

• FDOT Section 917 (Rubblized Materials)

Aggregate Base Materials:

• FDOT Section 911 (Base Materials)

• FDOT Section 913 (Limerock and Aggregate Base)

• FDOT Section 901 (Coarse Aggregate – as applicable)

Sand:

• FDOT Section 902 (Fine Aggregate for Portland Cement Concrete)

• FDOT Section 902-3 (Sand for Asphalt)

• FDOT Section 110 (General Requirements for Materials)

General Material Requirements:

• Materials must meet required gradations and quality standards established by FDOT.

• Materials must be free from contaminants including organics, clay lumps, debris, metals, or other deleterious substances.

• At delivery, Contractor must provide certified weight tickets for each load.

• All testing must be performed by a FDOT-approved laboratory, and test certifications must be made available to the City upon request.

• Contractor is responsible for loading, hauling, delivery, and offloading at designated project locations.

Inspection and Rejection:

• Materials are subject to inspection by the City at any time.

• Materials failing to meet FDOT specifications shall be rejected at no cost to the City.

Pricing Requirements:

• All costs associated with materials, quality control, transportation, testing, and compliance with applicable laws and regulations must be included in the unit prices.

3. INSTRUCTIONS

3.1. Procurement Information

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

Contractors are responsible for monitoring the solicitation portal for updates, addenda, and notices pursuant to City Code Chapter 38. It is the responsibility of Contractor to monitor and obtain solicitation updates and current award information both prior to and after the scheduled opening date. Information is updated as it becomes available. The City reserves the right to issue an award or a recommendation of award at any time following the scheduled solicitation opening date.

3.2. Americans With Disabilities Act

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

Contact Information:

Procurement Services

2200 Second Street, Fort Myers, FL 33901

Email: ProcurementServices@fortmyers.gov

Phone: (239) 321-7240

3.3. Introduction

To be considered, electronic submissions must be completed in accordance with the instructions outlined in this solicitation and submitted within the specified timeframe. The portal will automatically lock at the submission deadline.

The City may reject any submission that fails to comply with the material requirements of this solicitation. The City may waive minor informalities when such waiver does not prejudice fair competition. All decisions made by the City regarding these matters shall be final and binding.

3.4. Solicitation Documents

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

Solicitations to access solicitation information. It is the responsibility of the Contractor to ensure correct registration information is provided. The City will not be held liable for any issues arising from incorrect or incomplete contact information.

Official documents are those issued by the City through OpenGov. The City is not responsible for third-party posting errors.

1. Use of Official Solicitation Documents

All submittals must be prepared using the solicitation documents provided in this solicitation.

The City assumes no responsibility for errors or misinterpretations resulting from the use of incomplete or unofficial solicitation documents.

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

2. Purpose of Solicitation Documents

Solicitation documents, including all attachments, specifications, and exhibits are provided solely to facilitate the preparation and submission of responses.

3. Right to Cancel

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

3.5. Responsibilities of the Contractor

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

1. Download Official Solicitation Documents

Obtain solicitation documents exclusively from OpenGov. Documents sourced from other platforms or sources are not guaranteed to be accurate.

2. Thoroughly Review Documents

Examine all solicitation documents to fully understand the requirements. If additional clarification is needed, submit questions through the OpenGov Q&A module.

3. Following the Project/Solicitation

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

4. Review Addenda & Notices

It is the responsibility of the Contractor to review, understand, and factor into their bid/proposal all addenda and answers to questions that are submitted via the OpenGov portal. See

"Questions and Addenda Guidelines".

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

5. Consider Applicable Laws and Regulations

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

6. Correlate Observations with the Solicitation Documents

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

7. Report Conflicts or Discrepancies

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

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

8. Review the Draft Contract

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

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

• Any exceptions to the standard contract should be submitted as a question in the Q&A module before the question deadline. If the question deadline has passed, exceptions should be clearly noted in the Submission Questionnaire.

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

9. Right to Modify Contract

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

3.6. Questions and Addenda Guidelines

1. Submission of Questions

All questions regarding the meaning or intent of the solicitation documents shall be submitted through the OpenGov Portal. Only questions received before the deadline specified in the solicitation timeline shall be considered. Written responses to questions will be binding via addenda or the "Questions & Answers" feature in OpenGov. Oral or other informal interpretations or clarifications have no legal effect. Any addenda issued electronically during the solicitation period shall become part of the solicitation and will be incorporated into the resulting contract.

2. Authority of Addenda and Revisions

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

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

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

3. Modification of Solicitation Documents

The City reserves the right to issue addenda to modify the solicitation documents as necessary. Contractor(s) are strongly encouraged to attend any pre-submittal meetings to gain clarity on the solicitation requirements.

3.7. Interpretation of Solicitation and Addenda

The absence of details or the omission of specific descriptions within the Solicitation or any addenda shall be interpreted as requiring adherence to the highest standards of best commercial practices. All interpretations and clarifications of this Solicitation shall be governed by the terms and conditions set forth. In the event of conflict between solicitation text and an addendum, the addendum shall govern.

3.8. Incorporation of Procurement Policy and Ordinance

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

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

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

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

Code of Ordinances and Procurement Policy.

3.9. Submittal Preparation

1. Preparation of Response

Contractor shall prepare their responses in a clear and concise manner, ensuring that all required content is complete. Special attention should be given to the specific information, instructions, and requirements outlined in the solicitation document to ensure responsiveness.

Incomplete responses or those lacking key information may be rejected. To facilitate the review process, each section or tab of the response should be properly labeled to correspond with the solicitation requirements. Failure to provide all required documents may result in non-responsiveness.

2. Incurred Expenses

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

3. Proprietary Information

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

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

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

3.10. Submission Requirements for Invitation to Bids

1. Official Submission Portal

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

2. Submission Requirements and Instructions

Contractor is responsible for uploading their submittals directly into the OpenGov portal. The representative authorized to bind the Contractor to the submittal must sign the qualification statement. A submittal is considered timely only if received through the OpenGov portal by the precise date and time stated in the solicitation timeline. The OpenGov portal time clock serves as the official time for determining timeliness. Submittals will not be accepted after the deadline.

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

3. Instructions for Uploading Submissions

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

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

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

4. Mandatory Minimum Qualification Documentation

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

5. Required Documents

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

6. Corporate Submittals

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

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

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

7. Partnership Submittals

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

8. Litigation History

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

9. Proprietary Information

Public Records and Confidentiality

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

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

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

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

Redacted Copy Requirement

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

City’s Judgment on Disclosure

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

Ownership of Submittals

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

Fort Myers and will not be returned.

10. Electronic Pricing Form Instructions

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

Pricing Instructions

Submission Process

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

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

Unit and Extended Prices

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

Inclusive Pricing

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

11. Binding Submissions

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

12. Late Submissions

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

3.11. Conformance to Solicitation

1. Compliance with Mandatory Requirements

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

Solicitation. However, the City reserves the right to waive irregularities at its discretion without prior notice or the issuance of a written addendum.

If a Contractor wishes to submit an Offer that would require the City to waive, alter, or omit a material or mandatory requirement, the Contractor must first submit a written request to the

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

“Interpretations of Solicitation and Addenda” section of this Solicitation. Requests for deviation must be made before the question deadline.

If the City agrees, at its sole discretion, to amend, alter, or waive the requirement, the City will issue a written addendum to notify all prospective participants of the change.

2. Submitting Requests for Waivers or Amendments

Requests to waive, alter, or amend a mandatory requirement must be submitted as a written question that can be addressed in an addendum issued to all participants.

Important Note:

This process does not require participants to submit their complete Proposal prior to the due date. Instead, it is a mechanism for requesting a waiver or amendment to a mandatory requirement that is necessary to enable submission of the intended Proposal.

3.12. Modification and Withdrawal of Submissions

1. Modifying or Withdrawing Submissions

Submissions may be modified or withdrawn by the Contractor through the OpenGov portal at any time before the opening of the Solicitations.

2. Withdrawal Due to Material Mistake

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

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

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

3.13. Opening Submissions for Non-Construction

Non-construction-related submittals will be opened privately. Results will be posted in accordance with Florida Statute 119.07(1) and Article I, Section 24(a) of the Florida State

Constitution. The City will comply with F.S. 255.0518 when applicable.

3.14. Irrevocable Offer

By submitting a response to this Solicitation, the Contractor agrees that their submission constitutes an irrevocable offer to the City after the opening date. This offer shall remain valid for a period of one hundred eighty (180) calendar days from the date of the opening. The

Contractor agrees to provide the goods and services described in this Solicitation under the terms, conditions, and pricing outlined in their submission.

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

3.15. Evaluation and Award Process for Invitation to Bids

1. Initial Review of Submissions

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

• Verification of answers to required questions.

• Confirmation of professional licensing.

• Evaluation of references.

• Review of bonding documents, if required.

• Assessment of other relevant criteria.

2. Departmental Analysis

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

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

3. Optional Discussions

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

Contractor to clarify their submissions.

4. Recommendation and Notice of Intent to Award

The Department Representative will email their recommendation to the Procurement

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

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

5. Evaluation of Contractor's Capabilities

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

• Financial stability,

• Reputation and integrity,

• Skill and business experience,

• Quality of performance on similar projects.

6. Additional Research

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

• Contractor,

• Proposed Subcontractor and Supplier.

• Other relevant persons or organizations.

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

Documents to the City’s satisfaction within the prescribed timeline. Award shall be made to the lowest responsive and responsible bidder pursuant to City Code §38-68.

3.16. Reserved Rights

1. Request for Additional Information

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

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

• Evidence of financial resources and the ability to provide and maintain the required system and/or services. Additionally, the City may conduct investigations into the qualifications of any Contractor, which may include background checks performed by the

Fort Myers Police Department.

2. Flexible Award Options

The City reserves the right to

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

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

3. Rejection of Submittals

The City reserves the right to:

• Reject any and all Submissions;

• Waive any and all informalities;

• Negotiate contract terms with the Successful Contractor;

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

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

City’s best interest, including cases where a) The Solicitation is not responsive; b)

The Contractor is unqualified or has questionable financial ability; c) The Contractor fails to meet any other relevant standards or criteria established by the City.

3.17. Protest Procedure

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

Policy, which can be accessed at the following link:

City of Fort Myers Procurement Policy (PDF)

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

3.18. Award of Contract for Invitation to Bids

1. Purchase Order

The Purchase Order (PO) will be issued by the City to the selected Contractor within the time specified for acceptance, in conjunction with the contract, establishing a binding contract without further action by either party. The contract will include this Solicitation, any addenda, the Contractor’s submittal, and the established Purchase Order. This Contract shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any https://www.cityftmyers.com/DocumentCenter/View/14396/City-of-Fort-Myers-Procurement-Policy-PDF legal action arising out of or relating to this contract shall be in a court of competent jurisdiction located in Lee County, Florida.

2. Formal Award

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

Code, Section 38-61 of the City of Fort Myers Code of Ordinances.

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

3. Multiple Awards

The City reserves the right, at its sole discretion, to award the work described herein to more than one responsive and responsible Contractor. In cases of multiple awards, the City will apportion work among the selected Contractor as it deems appropriate. No minimum amount or proportion of work is guaranteed to any single Contractor or class of Contractor.

4. Notice of Intent

A Notice of Intent to Award is not a binding contract.

3.19. Form of Contract

The City’s intended format for the awarded Contract is incorporated into this solicitation. However, any exceptions to the terms of this standard Contract must be clearly indicated in the Contractor’s submittal. The Contractor acknowledges that exceptions may affect the evaluation of their submittal.

1. Formatting Adjustments

The final executed Contract may differ in pagination or numbering from the draft provided.

2. City’s Right to Modify Contract Language

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

3. In the event of conflict, the executed contract shall govern.

3.20. Execution of Contract from a Formal Award

The successful Contractor shall, within fifteen (15) calendar days after the issuance of a Notice of Award and receipt of the Contract from Procurement Services, sign and enter into a Contract with the City. Simultaneously, the Contractor shall provide:

• Any required bonds;

• Indemnities; and

• Updated insurance certificates as specified in the Solicitation.

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

668.50)

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

3.21. Debriefing of Proposers

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

• Key requirements of the solicitation.

• The overall ranking of all proposals.

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

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

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

• Responses to any relevant questions of the Proposer.

Untimely debriefing requests will also be considered.

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

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

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

• Giving preference to a Contractor based on their social, political, or ideological interests.

This ensures that all evaluations and awards are conducted solely on the basis of objective criteria and the best interests of the City.

3.23. Identification of Variances

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

City will assume that:

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

• The Contractor agrees to all terms and conditions outlined in the attached Draft

Contract.

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

Solicitation requirements.

3.24. Cone of Silence

Respondents may not contact City staff, elected officials, evaluation committee members, or representatives except as specified herein. Violation of this provision may be grounds for rejecting a response.

4. SOLICITATION TERMS AND CONDITIONS

4.1. Assignment, Transfer and Subcontracts

The Contractor shall not assign or transfer any of its rights, benefits, or obligations, except for transfers that result from:

1. the merger or consolidation of the Contractor with a third party; or

2. the disestablishment of the Contractor's professional practice and the establishment of the successor Contractor. Nor shall the Contractor subcontract any of its service obligations hereunder to third parties without prior written approval of the City. The Contractor shall have the right, subject to the City’s prior written approval, to employ other persons and/or firms to serve as Subcontractor/Subconsultants to Contractor in connection with the Contractor performing services and work pursuant to the requirements of this Agreement. The Contractor must notify the Procurement Services Department of any change, complete a new vendor registration form, provide an updated W-9, provide an updated certificate of insurance, provide a new E-Verify Memorandum of Understanding, and provide written notification of such change on official company letterhead.

4.2. Business Relationship and Disclosure

The Contractor must comply with Florida Statute 112.313.

4.3. Cybersecurity

Contractor must be aware of Florida Statute 119.0725 regarding cybersecurity and protection of confidential information.

4.4. Delivery

Delivery hours shall comply with City operational requirements.

Material, equipment, and services shall be provided only by authorized Purchase Orders issued by Procurement Services. Failure of the Contractor to provide commodities/services as specified or to promptly replace damaged or defective products shall render Contractor liable for all costs in excess of the contract price when alternate procurement is necessary.

Delivery shall be F.O.B. Final Destination, to a location within the City as designated on the

Purchase Order.

4.5. Drug-Free Workplace

Whenever two or more bids, proposals, or replies are equal with respect to price, quality, and service, the City will give preference in the award process to the business that certifies it has implemented a drug-free workplace program consistent with the provisions of Florida Statute

Section 287.087, unless otherwise stated in the solicitation.

4.6. Eligible Users / Piggyback Option

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

https://www.flsenate.gov/Laws/Statutes/2021/112.313 https://www.flsenate.gov/Laws/Statutes/2022/0119.0725

2. Other Government Agencies At the option of the awarded Contractor, any submission in response to this Solicitation constitutes a Proposal made under the same terms and conditions, for the same Contract price, to other governmental agencies. Each governmental agency desiring to accept these submissions, and make an award thereof, shall do so independently of any other governmental agency. Each agency shall be responsible for its own purchases and each shall be liable only for materials and/or services ordered and received by it, and no agency assumes any liability by virtue of this Proposal.

4.7. Failure to Enforce

Failure by the City at any time to enforce the provisions of the contract 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.

4.8. Florida Civil Rights Act (FCRA)

The Contractor shall comply with provisions of Florida Statutes Chapter 760 the Florida Civil

Rights Act (FCRA), that protects individuals from discrimination in employment, housing, and public accommodations based on characteristics such as race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status.

4.9. Force Majeure

Neither party shall be held liable for any damages or delays in performance caused by events beyond their reasonable control. Such events include, but are not limited to, acts of God, strikes, lockouts, wars, acts of terrorism, riots, actions or orders of governmental authorities, extraordinary weather conditions, natural disasters, pandemics, or other unforeseen events that could not have been reasonably anticipated or prevented by either party. Each party agrees to notify the other promptly of any such event that may cause a delay in performance.

4.10. 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.

4.11. Holidays, City Recognized

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

Thanksgiving, and Christmas Day.

4.12. Human Trafficking

Effective July 1, 2024, pursuant to §787.06(13)(a), Florida Statutes, when a contract is executed, renewed, or extended between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that https://www.flsenate.gov/Laws/Statutes/2021/Chapter760/PART_I the nongovernmental entity does not use coercion for labor or services. Prior to contract execution, extension or renewal, the nongovernmental entity shall complete and submit the form under the attachment section.

4.13. Immigration Laws

The City will not intentionally award City Contracts to any Contractor 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 not consider employment by any Contractor of unauthorized aliens a violation of

Section 274a(e) of 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.

Contractor attests that they are fully compliant with all applicable Immigration Laws (specifically to the 1986 Immigration Act and Subsequent Amendments).

4.14. Independent Proposal Affirmation

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

4.15. Labeling/Marking of Container

Each individual container shall be marked with the brand name of the product, quantity, and the name and address of the manufacturer. Each shipping container shall include the name of the Contractor and must also clearly indicate the City's Purchase Order Number and/or City

Contract Number.

4.16. Laws - Federal, State, and Local

Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, administrative rules, regulations and requirements applicable to the

Project, including but not limited to those dealing with taxation, workers’ compensation, equal employment and safety.

If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the City in writing.

4.17. Liability for Errors

The City has made considerable efforts to ensure accurate representation of the information in this Solicitation, the information contained is supplied solely as a guideline for 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 Contractor from forming their own opinions and conclusions with respect to this request.

4.18. Non-Collusion

The Contractor certifies, swears, and attests that it is fully informed regarding the preparation and contents of the attached Solicitation and all relevant circumstances concerning the provision of goods or services to the City. The Contractor further certifies that the offer or submittal is genuine, not collusive, and not submitted in bad faith; that all information contained therein is true, accurate, and complete to the best of its knowledge and belief; and that the individual executing the submittal is duly authorized to do so on behalf of the company.

The Contractor affirms that it is ready, willing, and able to perform all contractual obligations if awarded a contract. The Contractor further certifies that this submittal is made without any prior understanding, agreement, connection, discussion, or collusion with any other person, company, or entity submitting a response for the same goods or services and that no officer, employee, or agent of the City or any competing company has any undisclosed financial interest in the submittal. The Contractor acknowledges that the execution of this certification is made with full knowledge and understanding of its contents and that any false statement or misrepresentation may result in disqualification, contract termination, and potential legal consequences.

4.19. Non-Discrimination

Contractor certifies that they will:

1. Implement an employment nondiscrimination policy prohibiting discrimination in the performance of the contract in the hiring, discharging, promoting or demoting, matters of compensation, or any other employment-related decision or benefit on account of actual or perceived race, ethnicity, color, religion, national origin, gender, disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status;

2. Not discriminate in the performance of the contract on account of actual or perceived race, ethnicity, color, religion, national origin, gender, disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status;

3. Provide a harassment-free workplace, with any allegation of harassment given priority attention and action by management;

4. Incorporate the foregoing requirements in all subcontracts related to its contract with the

City.

4.20. Ordering

1. The awarded Contractor shall stock sufficient quantities of supplies to meet the requirements of the City on an "as-needed" basis within seventy-two (72) hours after being notified of such requirements by the City.

2. No guarantee is expressed or implied as to the total quantity of commodities/services to be purchased under any open-end contract. Estimated quantities will be used for comparison purposes only. The City reserves the right to issue purchase orders as and when required, or a blanket purchase order and release partial quantities as and when required or any combination of the preceding.

3. The City reserves the right to purchase commodities/services specified herein through

Contracts established by other governmental agencies or through separate procurement actions due to unique or special needs. If an urgent delivery is required within a period shorter than the delivery time specified in the contract, and if the seller is unable to comply, the City reserves the right to obtain such delivery from others without penalty or prejudice to the City or to the

Proposer.

4.21. Price Be Held Firm

All prices must include delivery. Pricing must be firm for the delivery schedule quoted herein unless specified under "Price Adjustment".

4.22. Pricing

1. 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 proposal. City will not be responsible for any type of miscellaneous surcharges or fees. The 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.

2. Goods Orders The Contractor will adhere to the following:

• Delivery costs will be included in your unit price, unless otherwise indicated;

• Minimum order quantities are not allowed for this solicitation;

• Unit pricing will be inclusive of inside delivery.

3. F.O.B. Destination Offered prices for all items will be F.O.B. Destination and include all shipping charges to all locations. Title to/or risk of loss or damage to all items will be the responsibility of the 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 Contractor. Returns will be at the Contractor's expense.

4. Price Reductions If, from the date of award, the 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, the lowest of these reduced prices will be extended to City.

5. Additions New products and related services may be added to a Contract resulting from this solicitation at any time during that Contract term to the extent that those products and related services are within the scope of this Solicitation. Allowable new products and related services generally include updated models of products and enhanced services that reflect new technology and improved functionality.

6. Deletions New products and related services may be deleted from a contract if an item is no longer available.

4.23. Public Entity Crimes

The City will comply with Section 287.133 of the Florida State Statute including not conducting business in excess of the threshold amount provided in s. 287.017 for Category Two:

"A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit https://www.flsenate.gov/Laws/Statutes/2018/287.133 bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, or Subcontractor/Subconsultants under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for Category Two for a period of 36 months from the date of being placed on the convicted vendor list."

4.24. Purchase Orders

All Purchase Orders issued pursuant to the Contract will be deemed to incorporate all terms and conditions of this solicitation regardless of whether these Documents are expressly referenced therein.

Before commencing work, the Contractor must receive a City PO/work…