Roof_Replacement,_City_of_Fort_Myers_Fire_Station_#15,_9700_Treeline_Ave.,_Ft._Myers,_FL_33913.pdf

25-027-Quote

Roof Replacement, City of Fort Myers Fire Station #15, 9700 Treeline Ave., Ft. Myers, FL 33913

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

Roof Replacement, City of Fort Myers Fire Station #15, 9700 Treeline Ave., Ft. Myers, FL 33913, 25-027-Quote

TABLE OF CONTENTS

I. Project Details II. Instructions to Consultant/Contractor

III. General Conditions

IV. PAYMENT

V. Insurance Requirements VI. Definitions

VII. Vendor Submissions

VIII. Pricing Table

IX. CONTRACT SIGNATURE PAGE

Roof Replacement, City of Fort Myers Fire Station #15, 9700 Treeline Ave., Ft. Myers, FL 33913, 25-027-Quote

1. Project Details

1.1. Solicitation Timeline

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

Advertise & Release Date: January 17, 2025

Question Submission Deadline: February 3, 2025, 2:00pm

Submission Deadline: February 10, 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 Consultant/Contractors

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

B. To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit 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)

C. Consultant/Contractors 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).

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

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

1.4. Scope of Work

The City is requesting submittals to provide:

https://procurement.opengov.com/signup

Roof Replacement, City of Fort Myers Fire Station #15, 9700 Treeline Ave., Ft. Myers, FL 33913, 25-027-Quote

Remove and dispose of all existing roofing material to the original decking, including applicable flashing, re-nail decking as needed per code. The replacement for barrel clay tile shall be a 1” standing seam metal roof. Also, remove existing 6” K-Style gutters, re-use 3” X 4” downspouts where able to and install new 7” K-Style Gutter around the entire building.

Current roof is leaking; would like to replace with a metal roof and update the gutters, as well.

When do you need it by? A.S.A.P. upon acceptance of bid.

Location: City of Fort Myers Fire Sta. #15, 9700 Treeline Ave., Ft. Myers, FL 33913

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/Contractordid 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.

mailto:cfmpurchasing@cityftmyers.com

Roof Replacement, City of Fort Myers Fire Station #15, 9700 Treeline Ave., Ft. Myers, FL 33913, 25-027-Quote

2.2. Solicitation Documents

Visit the City of Fort Myers Procurement Services Website https://www.cityftmyers.com/1171/Procurement-Services, follow the link to

Active Solicitations to obtain solicitation information. Correct registration information is the responsibility of the supplier. The City will not be responsible for incorrect contact information.

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

Documents.

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/Contractor's 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.

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

Roof Replacement, City of Fort Myers Fire Station #15, 9700 Treeline Ave., Ft. Myers, FL 33913, 25-027-Quote

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/Contractors 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

Roof Replacement, City of Fort Myers Fire Station #15, 9700 Treeline Ave., Ft. Myers, FL 33913, 25-027-Quote 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 response 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

Roof Replacement, City of Fort Myers Fire Station #15, 9700 Treeline Ave., Ft. Myers, FL 33913, 25-027-Quote 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 litigation, currently or within the last seven (7) years. Consultant/Contractor shall also describe whether they 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.

Roof Replacement, City of Fort Myers Fire Station #15, 9700 Treeline Ave., Ft. Myers, FL 33913, 25-027-Quote

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/Contractor 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

Roof Replacement, City of Fort Myers Fire Station #15, 9700 Treeline Ave., Ft. Myers, FL 33913, 25-027-Quote 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/Contractor may 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. Opening Solicitations

Submittals will be opened on the due date and time as specified herein.

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

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

2.14. 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.

2.15. 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

Roof Replacement, City of Fort Myers Fire Station #15, 9700 Treeline Ave., Ft. Myers, FL 33913, 25-027-Quote

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.

2.16. 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

Roof Replacement, City of Fort Myers Fire Station #15, 9700 Treeline Ave., Ft. Myers, FL 33913, 25-027-Quote 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 provisions of Section 448.095, Florida Statutes, which is incorporated herein by reference.

• The Consultant/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.

• The Consultant/Contractor must ensure any subcontractors provide an affidavit stating that they also use the E-Verify System and do not employ unauthorized aliens.

• The Consultant/Contractor and all subcontractors shall remain compliant with this requirement throughout the term of the Contract.

2.17. 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

Roof Replacement, City of Fort Myers Fire Station #15, 9700 Treeline Ave., Ft. Myers, FL 33913, 25-027-Quote

3.1. Tax Exempt

The City is a governmental agency and a political subdivision under Florida law. Purchases by the City under this Contract are exempt from Florida sales tax: The City’s tax-exempt number is

85-8012621569C-3. No purchase made by any entity is qualified to be exempt other than those made directly by the City.

The City’s sales tax exemption does not apply to goods and services purchased separately by a

Contractor in connection with its fulfillment of its Contract obligations. The Contractor shall be responsible for paying any taxes, fees or similar payments which are required to be paid in connection with the Contract work.

3.2. 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 Consultant/Contractor must receive a CITY PO/work order/or

PCard authorization. Shipments or work performed will be made as specified on the purchase order, conforming to the pricing form, specifications, and general conditions. No work may proceed unless authorized by the Contract Manager and the supplier is in receipt of a Work

Order and the associated PO.

3.3. Relationship Between Parties

This Contract does not create an employee/employer relationship between the City and

Consultant/Contractor. Consultant/Contractor is an independent Supplier of the City and will be in control of the means and the method in which the requested work is performed. As an independent Supplier,Consultant/Contractor will be solely responsible for payment of all federal, state, and local income tax, and self-employment taxes, arising from this Contract; and Supplier agrees to indemnify and hold harmless the City from any obligations relating to such taxes. The

City will not make deductions from payments due, for such taxes, or for social security, unemployment insurance, worker’s compensation, or other employment or payroll taxes.

Supplier will also be responsible for the performance of Supplier’s subcontractors.

3.4. Severability

In the event any provision of this Contract is determined to be void or unenforceable, such determination shall not affect the remainder of this Contract, which shall continue to be in force.

3.5. 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.

Roof Replacement, City of Fort Myers Fire Station #15, 9700 Treeline Ave., Ft. Myers, FL 33913, 25-027-Quote

3.6. Substitute or “Or Equal” Items

The materials and equipment described in the Solicitation Documents establish a standard of required function, dimension, appearance, and quality to be met by a proposed substitution. No substitution will be considered unless a written request for approval has been submitted by the Consultant/Contractor and has been received by the City at least fifteen days prior to the date for receipt of the submittal. Each such request shall include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitute including drawings, cuts, performance and test data and any other information necessary for an evaluation. A statement setting forth any changes to other materials, equipment or work that use of the substitute would require, shall be included. The burden of proof of the merit of the proposed substitution. Such approval will be issued by

Addendum to all prospective Consultant/Contractors. Consultant/Contractors shall not rely upon approvals made in any other manner.

3.7. 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.

3.8. 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.

3.9. 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 Vendor 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 Vendor 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.

Roof Replacement, City of Fort Myers Fire Station #15, 9700 Treeline Ave., Ft. Myers, FL 33913, 25-027-Quote

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 Vendor 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 Vendor. Returns will be at the Vendor’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, the lowest of these reduced prices will be extended to CITY.

6. 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.

7. Deletions. Products and related services may be deleted from a contract if an item is no longer available.

3.10. City Recognized Holidays

City recognized holidays include New Years Day, Martin Luther King Day, Presidents Day, Memorial Day, Juneteenth, Fourth of July, Labor Day, Thanksgiving Day and the day afterwards, and Christmas Day.

3.11. 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.

3.12. Return of Products/Equipment

All items delivered must meet the Specifications herein. Items delivered not as specified will be returned at no expense by the City. The City may return, for full credit, any unused items received which fail to meet the City’s performance standards. Replacement items meeting

Specifications must be submitted within a reasonable time after rejection of the non-conforming items. Unless a different time period is specified, the Supplier is to accept for full credit, any merchandise returned by the City within ninety (90) days from the delivery or pick up date. All merchandise to be acceptable for full credit is to be returned in a condition to allow for resale by the supplier and include reference to an applicable Supplier Invoice or Packing List. Full credit is to include all costs paid by the City related to the subject merchandise as determined by the appropriate Supplier Invoice or Packing List.

Roof Replacement, City of Fort Myers Fire Station #15, 9700 Treeline Ave., Ft. Myers, FL 33913, 25-027-Quote

3.13. Purchasing Card Program

The City uses the VISA Purchasing Card Program to streamline our procurement process and expedite payments to suppliers. The solution has been implemented to control our procurement activities more effectively and to achieve significant cost savings over the traditional paper, purchasing, and payment system.

As one of the City valued suppliers, your business can also achieve cost savings results by accepting the Purchasing Card solution.

Identified supplier benefits of this Program are:

• Get paid faster – Virtual card payments will be made after invoice approval, ACH will be net 30, and check net 45

• Improve Days Sales Outstanding (DSO)

• Electronic payment that eliminates the cost of processing checks

• Payment within 48 hours

• Improve cash flow

• Increased working capital

• Reduced collection efforts and administrative expenses

• Enhanced corporate relationships

• Enhanced reporting

• Increased sales as a “Preferred Supplier”

• Streamlined reconciliation with remittance details included with electronic payment in email notification

• Lower carrying costs

• Less paper/manual work

• Dedicated supplier portal to view status of receivables

3.14. Payment Dispute Resolution

In the event a dispute occurs between a Supplier ("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 to 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

Roof Replacement, City of Fort Myers Fire Station #15, 9700 Treeline Ave., Ft. Myers, FL 33913, 25-027-Quote 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.

3.15. Consultant/Contractor's Guarantee

By submitting a Response, a Consultant/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.

3.16. Permits, Taxes, Licenses, Ordinances and Agreements

The Consultant/Contractor shall, at their own expense, obtain all necessary permits, give all notices, pay all license fees and taxes, comply with all applicable local, State and Federal laws, ordinances, rules and regulations. The Consultant/Contractor shall maintain the correct and valid licenses throughout the course of the contract. Lack of knowledge by the

Consultant/Contractor will in no way be a cause for relief from responsibility.

3.17. Progress Report

When requested by the City, the Consultant/Contractor shall furnish such reports as required.

3.18. Record Retention

Awarded supplier will keep and maintain adequate records and documents applicable to the project at the contracted Supplier’s expense for a minimum of five (5) years from date of final payment, or as otherwise required by law, unless the Consultant/Contractor is notified in writing by the City of the need to extend the retention period. Books and accounts shall be open to investigation upon request.

3.19. Right to Audit Records

The City shall be entitled to audit the books and records of a Contractor or any subcontractor to the extent that such books and records relate to the performance of the contract or any subcontract. The 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.

3.20. 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:

Roof Replacement, City of Fort Myers Fire Station #15, 9700 Treeline Ave., Ft. Myers, FL 33913, 25-027-Quote

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.

3.21. 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.

3.22. 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.

3.23. Governing 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@cityftmyers.com 2200 Second Street., Fort Myers, FL 33901.

3.24. Recovered Materials

If the specifications contained herein require the use of recovered materials, by submitting a response to this solicitation, a Consultant/Contractoragrees and certifies that it will meet such requirement. Upon the conclusion of any contract resulting from this solicitation requiring the use of recovered materials, the Contractor shall submit to the City’s project manager for the work a statement regarding the actual percentage of recovered materials utilized in the completion of the contract.

mailto:jgravitt@cityftmyers.com

Roof Replacement, City of Fort Myers Fire Station #15, 9700 Treeline Ave., Ft. Myers, FL 33913, 25-027-Quote

3.25. 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 Supplier.

3.26. Silence of Specifications

The apparent silence of these specifications or any supplemental specifications as to details or the omission from same of any detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size, and design are to be used. All workmanship shall be first quality.

All interpretations of specifications shall be made upon the basis of this statement.

3.27. Safety Standards

Unless otherwise stipulated in the Solicitation, all manufactured items and fabricated assemblies shall comply with applicable requirements of Occupational Safety and Health Act and any standards thereunder.

3.28. Florida Statutes on Public Entity Crimes

The Consultant/Contractor understands that a public entity as defined in Section 287.133 of the

Florida Statues includes a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any Solicitation or contract for goods or services to be provided to any public entity or such an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering conspiracy, or material misrepresentation.

The Consultant/Contractorunderstands that “convicted” or “conviction” is defined by the statue to mean a finding or a conviction of a public entity crime with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July, 1989, as a result of a jury verdict, non-jury trial, or entry plea of guilty or nolo contender.

The Consultant/Contractor understands that “affiliate” is defined by the statue to mean (1) a predecessor or successor of a person or a corporation convicted of a public entity crime, or (2) an entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime, or (3) those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate, or (4) a person or corporation who knowingly entered into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months.

3.29. 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.

Roof Replacement, City of Fort Myers Fire Station #15, 9700 Treeline Ave., Ft. Myers, FL 33913, 25-027-Quote

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 supplier 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.