Tarpon_Street_and_Riverside_Pier_Construction_(Addendum_#4_Revision).pdf

25-042-ITB

Tarpon Street and Riverside Pier Construction

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

Tarpon Street and Riverside Pier Construction, 25-042-ITB

TABLE OF CONTENTS

1. INTRODUCTION

2. ADVERTISEMENT & TIMELINE

3. PROJECT DETAILS / SCOPE OF WORK

4. INSTRUCTIONS TO BIDDERS

5. FEDERAL TERMS AND CONDITIONS

6. SPECIAL CONDITIONS FOR CONSTRUCTION

7. GENERAL CONDITIONS

8. GENERAL CONDITIONS-PAYMENT

9. INSURANCE

10. MINORITY BUSINESS ENTERPRISE PROGRAM

11. DEFINITIONS

12. CONSULTANT/CONTRACTOR SUBMISSION QUESTIONNAIRE

13. SCHEDULE OF VALUES

14. DRAFT CONTRACT (CONSTRUCTION)

1. INTRODUCTION

1.1. Summary

The City of Fort Myers (City) requests submittals from interested and qualified Respondents to provide a complete rebuild of the Tarpon Street Pier and the repair and restoration of the

Riverside Pier and paddle craft launch.

1.2. Background

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

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

Chief Quartermaster of Florida. The City has approximately 1,000 employees serving a population of approximately 96,755 full time permanent residents with a population growth of

12% between 2020 and 2022. According to the Lee County Visitor & Convention Bureau, nearly 4.5 million people visit Fort Myers each year and spend over $4 billion dollars while in the area. Fort Myers has experienced unprecedented growth in its tax base, as the past (3), year over year percentage increases, were double digit. The City added a total of $5.0 billion to its tax base over the past five years, or 75.6%.

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

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

Florida, and most recently the 3rd fastest growing place by U.S News and World Report.

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.

Piers were damaged in Hurricane Ian. Tarpon Street Pier was completely demolished as a result of the hurricane. The Riverside Pier and adjacent paddle craft launch were damaged.

Subsequent storms have further damaged the Riverside Pier.

1.3. OpenGov Portal

The City uses OPENGOV (https://procurement.opengov.com/portal/cityftmyers) to administer the competitive solicitation process, including but not limited to soliciting responses, issuing addenda, posting results and issuing notification of an intended decision. There is no charge to register and download the solicitation from OPENGOV. Consultant/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 shall not be responsible for a Consultant/Contractor’s inability to submit a response by the end date and time for any reason, including issues arising from the use of OPENGOV.

1.4. Contact Information

Direct inquiries to the following:

Procurement Representative Name

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

2200 Second Street

Fort Myers, FL 33901

Email: kzimmerman@fortmyers.gov

Phone: (239) 321-7241

Requesting Department:

Engineering, Public Works

1.5. Pre-Solicitation Conference

The purpose of a Pre-Solicitation Conference is to review and discuss the solicitation (and any addenda) as published. A representative from Procurement Services and a representative from the using department will be present to discuss the solicitation. The date, time, and location can be found in the timeline.

2. ADVERTISEMENT & TIMELINE

INVITATION TO BID

25-042-ITB Tarpon Street and Riverside Pier Construction

The City of Fort Myers is seeking submittals for 25-042-ITB Tarpon Street and Riverside Pier

Construction which will be uploaded electronically on or before Monday, April 21, 2025 at 2:00

pm. Interested participants are encouraged to download the solicitation documents. For more details visit https://procurement.opengov.com/portal/cityftmyers

CITY OF FORT MYERS

Marty K. Lawing, City Manager Legal Ad: News-Press/OpenGov

Mary Hagemann, City Clerk RUN DATES: Tuesday, March 18, 2025

TIMELINE

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

Solicitation Advertise & Release Date: March 18, 2025 mailto:kzimmerman@fortmyers.gov

Pre-Submittal Meeting (Non-Mandatory): March 25, 2025, 2:00pm

Agenda https://teams.microsoft.com/l/meetup-join/19%3ameeting_MmRlYjQ2YWUtNDUw

Mi00MzEzLTg5NGMtNGM2NGFmZjVlZTUy%

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Meeting ID: 219 074 618 575

Passcode: NS9Yy9dQ

Dial in by phone

+1 239-205-3327, 245395446# United

States, Cape Coral

Find a local number

Phone conference ID: 245 395 446#

Question Submission Deadline: April 1, 2025, 4:00pm

Submission Deadline: April 21, 2025, 2:00pm https://teams.microsoft.com/l/meetup-join/19%3ameeting_NDZmNTI1NTQtOGJiN

S00OWZjLTlkYWEtMjQwNDY3NjA4MjVj%40 thread.v2/0?context=%7b%22Tid%22%3a

%2235ab3971-4a9a-45d4-8ad1-ac170528b885%22%2c%22Oid%22%3a%

2283ef1c43-5533-4d59-a153-a3a170fcb6e1%22%7d

Meeting ID: 238 332 642 092

Passcode: BU92gf2W

Dial in by phone

+1 239-205-3327,,834998428# United

States, Cape Coral

Find a local number

Phone conference ID: 834 998 428# https://government-project.s3.amazonaws.com/145861/160eff19-fe7b-41fc-bc10-817a18b7efb4_Pre-Submittal_Meeting_Agenda,_25-042.docx https://teams.microsoft.com/l/meetup-join/19%3ameeting_MmRlYjQ2YWUtNDUwMi00MzEzLTg5NGMtNGM2NGFmZjVlZTUy%40thread.v2/0?context=%7b%22Tid%22%3a%2235ab3971-4a9a-45d4-8ad1-ac170528b885%22%2c%22Oid%22%3a%2283ef1c43-5533-4d59-a153-a3a170fcb6e1%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MmRlYjQ2YWUtNDUwMi00MzEzLTg5NGMtNGM2NGFmZjVlZTUy%40thread.v2/0?context=%7b%22Tid%22%3a%2235ab3971-4a9a-45d4-8ad1-ac170528b885%22%2c%22Oid%22%3a%2283ef1c43-5533-4d59-a153-a3a170fcb6e1%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MmRlYjQ2YWUtNDUwMi00MzEzLTg5NGMtNGM2NGFmZjVlZTUy%40thread.v2/0?context=%7b%22Tid%22%3a%2235ab3971-4a9a-45d4-8ad1-ac170528b885%22%2c%22Oid%22%3a%2283ef1c43-5533-4d59-a153-a3a170fcb6e1%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MmRlYjQ2YWUtNDUwMi00MzEzLTg5NGMtNGM2NGFmZjVlZTUy%40thread.v2/0?context=%7b%22Tid%22%3a%2235ab3971-4a9a-45d4-8ad1-ac170528b885%22%2c%22Oid%22%3a%2283ef1c43-5533-4d59-a153-a3a170fcb6e1%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MmRlYjQ2YWUtNDUwMi00MzEzLTg5NGMtNGM2NGFmZjVlZTUy%40thread.v2/0?context=%7b%22Tid%22%3a%2235ab3971-4a9a-45d4-8ad1-ac170528b885%22%2c%22Oid%22%3a%2283ef1c43-5533-4d59-a153-a3a170fcb6e1%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MmRlYjQ2YWUtNDUwMi00MzEzLTg5NGMtNGM2NGFmZjVlZTUy%40thread.v2/0?context=%7b%22Tid%22%3a%2235ab3971-4a9a-45d4-8ad1-ac170528b885%22%2c%22Oid%22%3a%2283ef1c43-5533-4d59-a153-a3a170fcb6e1%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MmRlYjQ2YWUtNDUwMi00MzEzLTg5NGMtNGM2NGFmZjVlZTUy%40thread.v2/0?context=%7b%22Tid%22%3a%2235ab3971-4a9a-45d4-8ad1-ac170528b885%22%2c%22Oid%22%3a%2283ef1c43-5533-4d59-a153-a3a170fcb6e1%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MmRlYjQ2YWUtNDUwMi00MzEzLTg5NGMtNGM2NGFmZjVlZTUy%40thread.v2/0?context=%7b%22Tid%22%3a%2235ab3971-4a9a-45d4-8ad1-ac170528b885%22%2c%22Oid%22%3a%2283ef1c43-5533-4d59-a153-a3a170fcb6e1%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NDZmNTI1NTQtOGJiNS00OWZjLTlkYWEtMjQwNDY3NjA4MjVj%40thread.v2/0?context=%7b%22Tid%22%3a%2235ab3971-4a9a-45d4-8ad1-ac170528b885%22%2c%22Oid%22%3a%2283ef1c43-5533-4d59-a153-a3a170fcb6e1%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NDZmNTI1NTQtOGJiNS00OWZjLTlkYWEtMjQwNDY3NjA4MjVj%40thread.v2/0?context=%7b%22Tid%22%3a%2235ab3971-4a9a-45d4-8ad1-ac170528b885%22%2c%22Oid%22%3a%2283ef1c43-5533-4d59-a153-a3a170fcb6e1%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NDZmNTI1NTQtOGJiNS00OWZjLTlkYWEtMjQwNDY3NjA4MjVj%40thread.v2/0?context=%7b%22Tid%22%3a%2235ab3971-4a9a-45d4-8ad1-ac170528b885%22%2c%22Oid%22%3a%2283ef1c43-5533-4d59-a153-a3a170fcb6e1%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NDZmNTI1NTQtOGJiNS00OWZjLTlkYWEtMjQwNDY3NjA4MjVj%40thread.v2/0?context=%7b%22Tid%22%3a%2235ab3971-4a9a-45d4-8ad1-ac170528b885%22%2c%22Oid%22%3a%2283ef1c43-5533-4d59-a153-a3a170fcb6e1%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NDZmNTI1NTQtOGJiNS00OWZjLTlkYWEtMjQwNDY3NjA4MjVj%40thread.v2/0?context=%7b%22Tid%22%3a%2235ab3971-4a9a-45d4-8ad1-ac170528b885%22%2c%22Oid%22%3a%2283ef1c43-5533-4d59-a153-a3a170fcb6e1%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NDZmNTI1NTQtOGJiNS00OWZjLTlkYWEtMjQwNDY3NjA4MjVj%40thread.v2/0?context=%7b%22Tid%22%3a%2235ab3971-4a9a-45d4-8ad1-ac170528b885%22%2c%22Oid%22%3a%2283ef1c43-5533-4d59-a153-a3a170fcb6e1%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NDZmNTI1NTQtOGJiNS00OWZjLTlkYWEtMjQwNDY3NjA4MjVj%40thread.v2/0?context=%7b%22Tid%22%3a%2235ab3971-4a9a-45d4-8ad1-ac170528b885%22%2c%22Oid%22%3a%2283ef1c43-5533-4d59-a153-a3a170fcb6e1%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NDZmNTI1NTQtOGJiNS00OWZjLTlkYWEtMjQwNDY3NjA4MjVj%40thread.v2/0?context=%7b%22Tid%22%3a%2235ab3971-4a9a-45d4-8ad1-ac170528b885%22%2c%22Oid%22%3a%2283ef1c43-5533-4d59-a153-a3a170fcb6e1%22%7d

Proposed City Council Approval Date: May 19, 2025

3. PROJECT DETAILS / SCOPE OF WORK

3.1. Mandatory Minimum Qualifications

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

State of Florida.

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

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

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

Specifically, they need to disclose:

• Judgments: Any court decisions against them.

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

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

(actions that are morally reprehensible).

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

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

The awardee will be required to maintain the Minimum Qualifications Requirements, as presented during selection, if selected and awarded the contract, during the term of the

Contract and any contract renewals.

3.2. Riverside Park Plans

Perform all Work shown on the plans

3.3. Tarpon Street Plans

Perform all Work shown on the plans

4. INSTRUCTIONS TO BIDDERS

PROCUREMENT INFORMATION

Procurement Services is the official source for obtaining information regarding City of Fort Myers solicitations. It is the responsibility of Consultants/Contractors to monitor and obtain solicitation updates and current award information both prior to and after the scheduled opening date.

Information is updated as it becomes available. The City reserves the right to issue an award or a recommendation of award at any time following the scheduled solicitation opening date.

APPLICABLE LAW AND APPEALS

This solicitation is issued in accordance with, and governed by, the provisions and procedures outlined in Chapter 38, Articles III and IV of the City of Fort Myers Code of Ordinances. These provisions can be accessed online at:

City of Fort Myers Code of Ordinances - Procurement

Alternatively, contact Procurement Services for further assistance.

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

Code of Ordinances and procurement policies.

AMERICANS WITH DISABILITIES ACT

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

Contact Information:

Procurement Services

2200 Second Street, Fort Myers, FL 33901

Email: ProcurementServices@fortmyers.gov

Phone: (239) 321-7240

SOLICITATION SUBMISSION GUIDELINES

1. Official Submission Portal:

All submissions must be made electronically through the City’s Bid Portal in OpenGov.

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

2. Official Time:

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

3. Consultant/Contractor Responsibilities:

o Consultants/Contractors are solely responsible for ensuring timely electronic submissions.

o The City is not responsible for the distribution of addenda or other solicitation-related information to Consultants/Contractors who fail to register in OpenGov.

https://library.municode.com/fl/fort_myers/codes/code_of_ordinances?nodeId=SPAADCO_CH38FI_ARTIIIPU

4. Addenda Distribution:

All addenda and updates will be made available exclusively via OpenGov.

Consultants/Contractors are advised to regularly check the portal for any updates related to this solicitation.

4.1. Introduction

To be considered, electronic submissions must be completed in accordance with the instructions outlined in this solicitation and submitted within the specified timeframe. The portal will keep all files locked until the solicitation officially closes.

The City reserves the right to accept or reject any or all submissions and to waive minor irregularities or technicalities, as deemed in the best interest of the City. All decisions made by the City regarding these matters shall be final and binding.

4.2. Solicitation Documents

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

Solicitations to access solicitation information. It is the responsibility of the

Consultant/Contractor to ensure correct registration information is provided. The City is not liable for any issues arising from incorrect or incomplete contact information.

1. Use of Official Solicitation Documents:

All submittals must be prepared using the solicitation documents provided by the City.

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

2. Purpose of Solicitation Documents:

Solicitation documents are provided solely to facilitate the preparation and submission of responses.

3. Right to Cancel:

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

4.3. Responsibilities of the Consultant/Contractor

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

1. Download Official Solicitation Documents:

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

2. Thoroughly Review Documents:

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

3. Consider Applicable Laws and Regulations:

https://www.cityftmyers.com/1171/Procurement-Services o Evaluate all Federal, State, and Local laws, ordinances, codes, and regulations that could impact the cost, progress, performance, or execution of the work.

4. Correlate Observations with Documents:

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

5. Report Conflicts or Discrepancies:

o Notify the City of any conflicts, errors, or discrepancies in the solicitation documents by submitting a question through the E-Procurement Q&A module.

▪ Response Timeline: Questions related to document format or processes will be addressed within two (2) business days or the solicitation may be placed on hold.

▪ This timeline does not apply to project-specific questions that require input from project managers or subject matter experts.

6. Review the Draft Contract:

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

▪ This draft contains standard legal language and is not typically modified, except for formatting and enumeration.

▪ Any exceptions to the standard contract should be submitted as a question in the

Q&A module before the question deadline. If the question deadline has passed, exceptions should be clearly noted in the Consultant/Contractor's questionnaire.

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

4.4. Questions and Addenda Guidelines

1. Submission of Questions:

o All questions regarding the meaning or intent of the solicitation documents must be submitted through the OpenGov Portal.

o Only questions received before the deadline specified in the solicitation timeline will be considered.

o Responses to questions will only be binding if provided in writing via addenda or the

"Questions & Answers" feature in OpenGov. Oral or other informal interpretations or clarifications will have no legal effect.

o Any addenda issued electronically during the solicitation period shall become part of the solicitation and will be incorporated into the resulting contract.

2. Response Timeframes:

o Answers to questions of substance will be publicly published in the OpenGov Portal.

o Responses to document format or process-related questions will be issued within two (2) business days of receipt, or the solicitation will be placed on hold.

o The two-day response window does not apply to project-specific questions that require input from project managers or Consultant/Contractors.

3. Authority of Addenda and Revisions:

o Revisions to the solicitation and responses provided via the "Questions & Answers" feature are authoritative and shall be considered addenda to the solicitation.

o All information provided in this solicitation, including addenda and answers to questions, will be incorporated into the solicitation and any resulting contract.

o It is the responsibility of the Consultant/Contractor to review all addenda, revisions, and published answers to questions.

o 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

Consultant/Contractor from their obligations under the solicitation or resulting contract.

o No oral interpretations will be provided. All official interpretations will be issued as written addenda and made available via OpenGov.

4. Modification of Solicitation Documents:

o The City reserves the right to issue addenda to modify the solicitation documents as necessary.

o Consultant/Contractors are strongly encouraged to attend any pre-submittal meetings to gain clarity on the solicitation requirements.

4.5. Interpretation of Solicitation and Addenda

The absence of details or the omission of specific descriptions within the Solicitation or any addenda shall be interpreted as requiring adherence to the highest standards of best commercial practices. All interpretations and clarifications of this Solicitation shall be governed by the terms and conditions set forth in this Contract.

4.6. Incorporation of Procurement Ordinance and Policy

The City’s Procurement Ordinance and Policy are hereby incorporated by reference into this solicitation and any contract awarded as a result of this solicitation. By participating in this solicitation, Consultants/Contractors agree to be bound by the City’s Procurement Ordinance and Policy in all matters related to this solicitation and any subsequent contract.

4.7. Submittal Preparation

1. Preparation of Response

Consultants/Contractors must prepare their responses in a clear and concise manner, ensuring that all required content is complete. Special attention should be given to the specific information, instructions, and requirements outlined in the solicitation document to ensure responsiveness. Incomplete responses or those lacking key information may be rejected. To facilitate the review process, each section or tab of the response should be properly labeled to correspond with the solicitation requirements.

2. Incurred Expenses

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

3. Proprietary Information

1 Public Records Law

In accordance with Chapter 119, Florida Statutes (Public Records Law), and unless otherwise provided by applicable State or Federal Law, all solicitation documents and responses are considered public records, see F.S. 119.071(1)(b)2.

Consultants/Contractors must specifically identify any information in their proposals considered confidential or proprietary and provide the applicable legal exemption for nondisclosure. Generic designations such as “confidential” are insufficient.

Failure to provide Procurement Services with a detailed explanation, including statutory citations and references to specific sections of the response, may result in the entire response being disclosed in accordance with Chapter 119 of the Florida Statutes.

2 Redacted Copy Requirement

If a Consultant/Contractor asserts exemptions from public disclosure for any portion of its response, it must provide:

o A redacted copy of its proposal in an electronic format suitable for public disclosure.

o Only the portions exempt under applicable law should be redacted, with the exemption clearly identified.

3 City’s Judgment on Disclosure

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

4 Ownership of Submittals

All submittals received in response to this solicitation will become the property of the City of Fort Myers and will not be returned to the Consultant/Contractor.

4.8. Submission Requirements (ITB)

Submission Requirements and Instructions

Consultants/Contractors are responsible for uploading their submittals directly into the OpenGov portal:

OpenGov Submission Portal

• The representative authorized to bind the Consultant/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.

1. Mandatory Minimum Qualification Documentation

Consultants/Contractors 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.

2. Required Documents

See the "Consultant/Contractor Submission" section for a detailed list of required documents.

3. 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.

4. 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.

5. Litigation History

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

6. Proprietary Information

1 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.

▪ Consultants/Contractors 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.

2 Redacted Copy Requirement

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

3 City’s Judgment on Disclosure

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

4 Ownership of Submittals

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

City of Fort Myers and will not be returned.

7. Electronic Pricing Form Instructions

All submittals must be completed through the OpenGov e-procurement platform. Paper responses will be deemed non-responsive, except as provided under the Americans with

Disabilities Act.

1 Pricing Instructions:

1 Submission Process:

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

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

2 Unit and Extended Prices:

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

3 Inclusive Pricing:

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

4.9. Submittal Requirements

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.

1. Instructions for Uploading Submissions

1 Submission Process:

o Log into your OpenGov account and navigate to the solicitation for which you wish to submit a response.

o Click on “Draft Response”, complete the required information, upload your submission along with all required attachments, and submit your response.

2 Responsibility for Timely Submission:

o Consultants/Contractors are solely responsible for ensuring their submittals are complete, uploaded, and submitted via the e-Procurement Portal before the specified due date and time.

o The City is not responsible for any delays or failures in submission caused by any occurrence.

2. Binding Submissions

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

3. Late Submissions

Late submissions will not be accepted under any circumstances. Consultants/Contractors assume full responsibility for the timely upload of their responses.

4.10. 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 minor irregularities at its discretion without prior notice or the issuance of a written addendum.

If a Consultant/Contractor wishes to submit an Offer that would require the City to waive, alter, or omit a material or mandatory requirement, the Consultant/Contractor must first submit a written request to the City to amend the Solicitation. Such requests must follow the process outlined in the “Interpretations and Addenda” section of this Solicitation.

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

2. Submitting Requests for Waivers or Amendments

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

Important Note:

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

4.11. Modification and Withdrawal of Submissions

1. Modifying or Withdrawing Submissions

Submissions may be modified or withdrawn by Consultants/Contractors through their account on OpenGov 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 Consultant/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 Consultant/Contractor may withdraw its Submission.

In such cases:

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

• The Consultant/Contractor will thereafter be disqualified from further participation in the

Work to be provided under the Contract.

4.12. Submission Responsibility

It is the sole responsibility of the Consultant/Contractor to ensure that submissions are electronically uploaded through the designated portal before the specified date and time.

Submissions by telephone, email, or hard copy will not be accepted under any circumstances.

4.13. Opening Submissions

Construction-Related Submittals:

Construction-related submittals will be publicly opened and announced by Procurement Services on the due date and time specified in the Solicitation. During the opening, the

Consultant/Contractor’s name and verification of bond submittal, if applicable, will be announced aloud.

1. Instructions to Join the Solicitation Opening Virtual Meeting:

1 Select a Method to Join:

o Choose the preferred method provided in the Solicitation document.

2 Join the Virtual Meeting:

o Use the link or access details provided in the Introduction Section to join the virtual Proposal Opening session.

Note:

• Sessions will be recorded.

• To ensure a smooth process, participants are asked to turn off their cameras and mute their microphones before joining the meeting.

2. Opportunity to Speak:

• Attendees will be given an opportunity to speak during the meeting.

• When called by the name, email, or phone number listed in the attendance log, unmute your device and state your name and address for the record.

Non-Construction-Related Submittals:

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

State Constitution.

4.14. Irrevocable Offer

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

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

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

4.15. Evaluation and Award Process (ITB)

Initial Review of Submissions:

1. 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:

o Verification of answers to required questions.

o Confirmation of professional licensing.

o Evaluation of references.

o Review of bonding documents, if required.

o Assessment of other relevant criteria.

1. 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.

2. Optional Discussions:

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

Consultants/Contractors to clarify their submissions.

3. 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.

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

4. Evaluation of Consultant/Contractor Capabilities:

The City reserves the right to evaluate the following aspects of each

Consultant/Contractor prior to making an award:

o Financial capability.

o Reputation and integrity.

o Skill and business experience.

o Quality of performance on similar projects.

5. Additional Research:

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

o Consultants/Contractors.

o Proposed Subcontractors and Suppliers.

o Other relevant persons or organizations.

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

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

4.16. Reserved Rights

1. Request for Additional Information:

The City reserves the right to request additional information from

Consultants/Contractors after the closing date. This may include, but is not limited to:

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

o 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

Consultant/Contractor, which may include background checks performed by the Fort

Myers Police Department.

2. Flexible Award Options:

The City reserves the right to:

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

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

3. Rejection of Submittals:

The City reserves the right to:

o Reject any and all Solicitations.

o Waive any and all informalities.

o Negotiate contract terms with the Successful Consultant/Contractor.

o Disregard nonconforming, non-responsive, unbalanced, or conditional submittals.

o Reject any submittal if it is determined that awarding to the Consultant/Contractor is not in the City’s best interest, including cases where:

▪ The Solicitation is not responsive.

▪ The Consultant/Contractor is unqualified or has questionable financial ability.

▪ The Consultant/Contractor fails to meet any other relevant standards or criteria established by the City.

4.17. 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.

4.18. Award of Contract

1. Purchase Order:

The Purchase Order (PO) issued by the City to the selected Consultant/Contractor within https://www.cityftmyers.com/DocumentCenter/View/14396/City-of-Fort-Myers-Procurement-Policy-PDF the time specified for acceptance, in conjunction with the contract, establishes a binding contract without further action by either party.

o The contract will include this Solicitation, any addenda, the Consultant/Contractor’s submittal, and the established Purchase Order.

o If a separate contract is negotiated, it will also become an official part of the agreement.

o This Contract shall be governed by and construed in accordance with the laws of the

State of Florida.

o Venue for any legal action arising out of or relating to this contract shall be in a court of competent jurisdiction located in Lee County, Florida.

2. Formal Award:1 General Provisions:

Contracts will be awarded in accordance with the City’s Procurement Code, Chapter 23, Article 3 of the City of Fort Myers Code of Ordinances.2 Invitations to Bid (ITB):

o The contract will be awarded to the responsive and responsible

Consultant/Contractor with the lowest overall cost, including any alternates, if applicable, following final approval by the City Council.

• 3 Request for Proposals (RFP) or Request for Statements of Qualification

(RSQ):

o The contract will be awarded to the highest-ranked Consultant/Contractor based on evaluation criteria and presentation/interview results.

o The award is contingent upon successful contract negotiation and final approval by the City Council.

3. Multiple Awards:

o The City reserves the right, at its sole discretion, to award the work described herein to more than one responsive and responsible Consultant/Contractor.

o In cases of multiple awards, the City will apportion work among the selected

Consultant/Contractors as it deems appropriate. No minimum amount or proportion of work is guaranteed to any single Consultant/Contractor or class of

Consultant/Contractors.

4. Term:

o The City intends to negotiate a contract with an initial term and options for renewal upon mutual consent of both parties.

o The length of the contract will depend on the Consultant/Contractor’s submittal, financial investment, and negotiations with the City.

5. E-Verify:

This Contract is subject to the provisions of Section 448.095, Florida Statutes, which is incorporated herein by reference.

o 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.

o 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.

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

4.19. Form of Contract

The City’s intended format for the awarded Contract is included as an attachment for reference.

This draft Contract contains standard legal language and is not routinely modified. However:

• Any exceptions to the terms of this standard Contract must be clearly indicated in the

Consultant/Contractor’s submittal.

• The Consultant/Contractor acknowledges that exceptions may affect the evaluation of their submittal.

1. Formatting Adjustments:

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

2. City’s Right to Modify Contract Language:

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

4.20. Execution of Contract

The successful Consultant/Contractor shall, within fifteen (15) calendar days after the issuance of a Notice of Award and reciept of the Contract from the City of Fort Myers

Procurement Services, sign and enter into a Contract with the City. Simultaneously, the

Consultant/Contractor must provide:

• Any required bonds,

• Indemnities, and

• Updated insurance certificates as specified in the Solicitation.

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

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

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

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

2. Giving preference to a Consultant/Contractor based on their social, political, or ideological interests.

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

4.22. Identification of Variances

The Consultant/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 Consultant/Contractor’s questionnaire.

• If no variances are identified in the submittal, the City will assume that:

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

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

Failure to disclose variances may result in the Consultant/Contractor being held to the full compliance of the Solicitation requirements.

4.23. Cone of Silence

Consultants/Contractors submitting a response to this Solicitation, or individuals acting on their behalf, are prohibited from contacting any employee, elected or appointed official or officer of the City concerning any aspect of this Solicitation from the time of its release until the end of the 72-hour period following the City’s posting of the notice of intended award.

Exceptions:

• Written communications directed to the Procurement Officer.

• As explicitly provided in the Solicitation documents.

This prohibition excludes Saturdays, Sundays, and state holidays.

Violation:

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

5. FEDERAL TERMS AND CONDITIONS

Priority of Federal Provisions

To ensure acceptance of the Solicitation, Consultants/Contractors must adhere to the following instructions. In the event of a conflict between the Instructions to

Consultants/Contractors, General Conditions, Special Conditions, or the Special

Conditions for Federal Contracts, the Special Conditions for Federal Contracts shall take precedence.

Purpose of Federal Contract Provisions

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

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

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

(collectively referred to as “Contract(s)”) that may be utilized in response to a federally declared disaster. Such contracts may be funded in whole or in part by FEMA Federal Public Assistance funding. Note: Funding provided under other federal programs may require additional or different provisions.

Acceptance of Federal Provisions

By submitting an offer/response, the Consultant/Contractor agrees to:

1. Incorporate the following provisions into any resulting Contract or Agreement.

2. Include these provisions in any additional Contract or Agreement to which this section is physically attached or incorporated by reference when executed.

5.1. FEMA Financial Assistance Acknowledgment

This contract is funded, in whole or in part, with financial assistance from the Federal

Emergency Management Agency (FEMA).

The Consultant/Contractor acknowledges and agrees to comply with:

• All applicable federal laws,

• Regulations,

• Executive orders,

• FEMA policies, procedures, and directives, as may be amended or updated during the term of the contract.

Adherence to these requirements is a condition of contract performance.

5.2. Minimum Qualifications

All Consultants/Contractors and their Subcontractors must be registered on SAM.gov to ensure eligibility and compliance. Registration on SAM.gov will be verified as part of the evaluation process.

https://sam.gov/

5.3. Remedies

If any work performed by the Consultant/Contractor fails to meet the requirements of the

Contract, applicable standards, codes, laws, or otherwise breaches the terms of the Contract, the City reserves the right to exercise any remedies specified in the original Contract or, if none are specified, may, at its sole discretion:

1. Require the Consultant/Contractor to re-perform or cause the re-performance of the work at their sole expense to meet the Contract’s requirements.

2. Engage another Consultant/Contractor to perform the work and deduct any additional costs incurred by the City as a result of this substitution from any amounts due to the original Consultant/Contractor.

3. Pursue any and all other available legal or equitable remedies.

This Section shall not be construed to limit the City’s right to pursue any additional legal or equitable remedies available under the law or the Contract against the Consultant/Contractor.

5.4. Termination

For Convenience:

This Contract may be terminated, in whole or in part, without cause:

• In accordance with the terms specified in the original Contract, or

• If no specific terms are outlined, the City may terminate the Contract at its sole discretion by providing written notice to the Consultant/Contractor.

In the event of termination for convenience:

1. The Consultant/Contractor will be compensated for work performed and accepted by the

City and for goods delivered and accepted as of the termination date.

2. The Consultant/Contractor will also be compensated for:

o Work performed by subcontractors.

o Goods or supplies ordered that could not reasonably be canceled or stopped at the time of termination.

o Any demobilization costs to which the Consultant/Contractor is entitled under the

Contract.

For Cause:

The City reserves the right to terminate this Contract, in whole or in part, for cause:

• In accordance with the terms specified in the original Contract, or

• If no specific terms are outlined, by providing ten (10) days’ written notice to the

Consultant/Contractor.

Termination for cause may occur if the City determines that the Consultant/Contractor has breached or defaulted on the Contract.

In the event of termination for cause:

1. The Consultant/Contractor will be compensated for work performed and accepted by the

City and for goods delivered and accepted as of the termination date.

5.5. Equal Employment Opportunity

(Applicable to contracts for “federally assisted construction contracts” as defined in 41 C.F.R. §

60-1.3 - Executive Order 11246)

During the performance of this Contract, the Consultant/Contractor agrees to the following:

1. Nondiscrimination:

The Consultant/Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant/Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to these characteristics. This action includes, but is not limited to:

o Employment, upgrading, demotion, or transfer;

o Recruitment or recruitment advertising;

o Layoff or termination;

o Rates of pay or other forms of compensation;

o Selection for training, including apprenticeship.

2. Notices outlining this nondiscrimination policy will be posted in conspicuous places accessible to employees and applicants for employment.

3. Equal Opportunity Advertising:

In all solicitations or advertisements for employees placed by or on behalf of the

Consultant/Contractor, it will be stated that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

4. Protection of Compensation Discussions:

The Consultant/Contractor will not discharge or discriminate against employees or applicants for discussing, inquiring about, or disclosing compensation, except where such disclosure violates confidentiality obligations unrelated to legally protected activities.

5. Notice to Labor Representatives:

The Consultant/Contractor will send notices to each labor union or representative of workers with which it has a collective bargaining agreement, advising them of its commitments under this section. Copies of such notices will be posted in conspicuous places accessible to employees and applicants for employment.

6. Compliance with Executive Order 11246:

The Consultant/Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and the associated rules, regulations, and relevant orders issued by the Secretary of Labor.

7. Furnishing Information and Reports:

The Consultant/Contractor will furnish all required information and reports and allow access to books, records, and accounts by the administering agency and the Secretary of Labor to verify compliance with applicable rules, regulations, and orders.

8. Noncompliance Consequences:

In the event of noncompliance with the nondiscrimination clauses or applicable rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part. The Consultant/Contractor may also be declared ineligible for future government contracts or federally assisted construction contracts, as authorized by

Exec…