ITB 25-104

City of Fort Myers 2025 Speed Hump Traffic Calming 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

City of Fort Myers 2025 Speed Hump Traffic Calming Construction, ITB 25-104

TABLE OF CONTENTS

1. INTRODUCTION

2. PROJECT DETAILS / SCOPE OF WORK

3. INSTRUCTIONS

4. CONSTRUCTION SUPPLEMENTAL CONDITIONS

5. SPECIAL CONDITIONS

6. SOLICITATION TERMS AND CONDITIONS

7. CONTRACT TERMS AND CONDITIONS

8. INSURANCE

9. DEFINITIONS

10. SUBMISSION QUESTIONNAIRE

11. SCHEDULE OF VALUES

12. DRAFT CONTRACT

1. INTRODUCTION

1.1. Summary

The City of Fort Myers, Florida, is soliciting bids from qualified contractors for the installation of thirteen (13) concrete speed humps at various locations within the city limits. This project aims to enhance traffic calming measures and improve safety on residential streets. The work shall be performed in accordance with this Scope of Work, the attached Construction Plans

(referencing the specific locations), and the City of Fort Myers Standard Details for Speed Hump

Construction. The speed hump locations are generally on the following streets:

1. McCormick Street (#6) - 1 Speed Hump: Between Palm Avenue and Prospect Avenue

2. Van Buren Avenue (#51) - 1 Speed Hump: North of Seminole Avenue

3. Edgewood Avenue (#55) - 2 Speed Humps: Between Fairview Avenue and Van Buren

Avenue

4. Silver Birch Way (#56) - 1 Speed Hump: South of Gamsborough Way

5. Fairview Avenue (#63) - 2 Speed Humps: East of Marsh Avenue

6. Madison Avenue (#58) - 1 Speed Hump: Between Van Buren Street and Oleander

Avenue

7. Jefferson Avenue (#67) - 4 Speed Humps: Between Kelly Street and Marvaez Street

8. Sandra Drive (#77) - 1 Speed Hump: Northwest of McGregor Boulevard

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 fastest growing place by U.S News and World Report (2024).

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

1.3. Advertisement

ITB 25-104 City of Fort Myers 2025 Speed Hump Traffic Calming Construction

The City of Fort Myers is seeking submittals for ITB 25-104 City of Fort Myers 2025 Speed Hump

Traffic Calming Construction which will be uploaded electronically on or before Tuesday, October

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: Thursday, September 18,

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. 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. Contractor is 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 Contractor’s inability to submit a response by the end date and time for any reason, including issues arising from the use of OpenGov.

1.6. Pre-Submittal Meeting

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

1.7. Timeline

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

Solicitation Release Date: September 18, 2025

Pre-Submittal Meeting (Non-Mandatory): September 25, 2025, 10:00am

Agenda

Fort Myers City Hall - Finance West

Conference Room

2200 Second Street, Fort Myers, FL 33901 or Virtually at:

https://teams.microsoft.com/l/meetup-join/19%3ameeting_Y2ViMGQ0NGUtY2MyM

S00Mjc4LTk2NTUtM2QzMzY2MWFmMWVl%

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Meeting ID: 238 195 659 540 8

Passcode: Dm2JX2uC

Dial in by phone

+1 239-205-3327, 974474184# United

States, Cape Coral

Find a local number

Phone conference ID: 974 474 184#

Question Submission Deadline: October 2, 2025, 4:00pm https://government-project.s3.amazonaws.com/190400/21dcdc45-453d-4fa7-b34d-26e2f1cdf66c_Pre-Submittal_Meeting_Agenda,_25-104.pdf https://teams.microsoft.com/l/meetup-join/19%3ameeting_Y2ViMGQ0NGUtY2MyMS00Mjc4LTk2NTUtM2QzMzY2MWFmMWVl%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_Y2ViMGQ0NGUtY2MyMS00Mjc4LTk2NTUtM2QzMzY2MWFmMWVl%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_Y2ViMGQ0NGUtY2MyMS00Mjc4LTk2NTUtM2QzMzY2MWFmMWVl%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_Y2ViMGQ0NGUtY2MyMS00Mjc4LTk2NTUtM2QzMzY2MWFmMWVl%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_Y2ViMGQ0NGUtY2MyMS00Mjc4LTk2NTUtM2QzMzY2MWFmMWVl%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_Y2ViMGQ0NGUtY2MyMS00Mjc4LTk2NTUtM2QzMzY2MWFmMWVl%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_Y2ViMGQ0NGUtY2MyMS00Mjc4LTk2NTUtM2QzMzY2MWFmMWVl%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_Y2ViMGQ0NGUtY2MyMS00Mjc4LTk2NTUtM2QzMzY2MWFmMWVl%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

Submission Deadline: October 21, 2025, 2:00pm

Virtually:

https://teams.microsoft.com/l/meetup-join/19%3ameeting_M2ZiMzczNGItNDZiOC0

0ZDJlLWJmNGItMjhkNThmODYxN2U4%40t hread.v2/0?context=%7b%22Tid%22%3a

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

Meeting ID: 232 470 084 930 5

Passcode: Th2C38xD

Dial in by phone

+1 239-205-3327,,983457130# United

States, Cape Coral

Find a local number

Phone conference ID: 983 457 130#

Proposed City Council Approval Date: November 17, 2025 https://teams.microsoft.com/l/meetup-join/19%3ameeting_M2ZiMzczNGItNDZiOC00ZDJlLWJmNGItMjhkNThmODYxN2U4%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_M2ZiMzczNGItNDZiOC00ZDJlLWJmNGItMjhkNThmODYxN2U4%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_M2ZiMzczNGItNDZiOC00ZDJlLWJmNGItMjhkNThmODYxN2U4%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_M2ZiMzczNGItNDZiOC00ZDJlLWJmNGItMjhkNThmODYxN2U4%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_M2ZiMzczNGItNDZiOC00ZDJlLWJmNGItMjhkNThmODYxN2U4%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_M2ZiMzczNGItNDZiOC00ZDJlLWJmNGItMjhkNThmODYxN2U4%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_M2ZiMzczNGItNDZiOC00ZDJlLWJmNGItMjhkNThmODYxN2U4%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_M2ZiMzczNGItNDZiOC00ZDJlLWJmNGItMjhkNThmODYxN2U4%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

2. PROJECT DETAILS / SCOPE OF WORK

2.1. Mandatory Minimum Qualifications

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

State of Florida.

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

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

4. Contractor is required to inform the City of any relevant legal or ethical issues. Specifically, they need to disclose:

4.1. Judgments: Any court decisions against them.

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

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

(actions that are morally reprehensible).

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.

To demonstrate qualifications to perform the Work, each Contractor 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 Contractor 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.

2.2. Speed Humps Project 2025 City-Wide at Various Locations

I. Purpose

The Contractor shall furnish all necessary labor, materials, equipment, tools, transportation, and incidentals work associated with the installation of thirteen (13) concrete speed humps, as detailed in the attached Contract Plans and City Standard Details, which shall also include, but not limited to, the following:

1. General Requirements

1.1. Contractor Qualifications: The Contractor shall be knowledgeable and experienced with the materials and applications best suited for concrete construction, including proper techniques for mixing, placing, and curing the concrete.

1.2. Project Management and Coordination: The Contractor shall provide comprehensive project management, including scheduling, coordination with the City, and communication with affected residents as directed by the City Project Manager or Designee.

1.3. Standards: All work shall adhere to the City of Fort Myers Construction Plans and

Standard Details for concrete speed hump construction.

1.4. Permitting: The Contractor shall obtain all necessary permits and approvals from relevant local, state, and federal agencies as required for the project, including but not limited to Maintenance of Traffic (MOT) and/or Project Detour plans as may be required.

1.5. Utilities, Drainage, and Infrastructure: The Contractor shall protect existing utilities, drainage facilities, and infrastructure from damage during construction, and any damage incurred shall be repaired at no additional cost to the City

1.6. Safety: The Contractor shall adhere to all applicable safety regulations and standards, ensuring the safety of workers, motorists, and pedestrians throughout the project duration.

1.7. Traffic Control: The Contractor shall implement and maintain appropriate traffic control devices (e.g., signs, barricades, flagging) to manage traffic flow around construction areas and ensure public safety, in accordance with the Florida Department of Transportation (FDOT)

Manual on Uniform Minimum Standards and City standards.

1.8. Site Restoration: Upon completion of construction, the Contractor shall restore all disturbed areas to their original or better condition, including landscaping and other affected elements.

2. Speed Hump Construction (Lump Sum Bid Item for Each Speed Hump):

For each of the thirteen (13) speed hump locations defined in the Construction Plans, the Contractor shall:

2.1. Layout and Staking: Accurately lay out and stake the precise location and dimensions of each speed hump as indicated on the plans and in accordance with Contract Plans and City

Standard Details.

2.2. Concrete Speed Hump (Each) Roadway Preparation: This item includes, but is not limited to:

o Prepare the existing roadway surface for speed hump construction, in accordance with

City Standard Details and FDOT specifications.

https://www.fdot.gov/docs/default-source/roadway/floridagreenbook/greenbook2005.pdf https://www.fdot.gov/docs/default-source/roadway/floridagreenbook/greenbook2005.pdf o Placement and finishing of 3000 psi concrete (or as specified by City Standard Details) to the lines, grades, and dimensions indicated on the plans, including necessary forming, screeding, troweling, and curing.

o Creation of contraction joints, as may be required, or directed by the City Engineer or approved representative.

o Saw cutting existing pavement where required for proper integration of the speed hump.

o Ensuring proper drainage and transitions at the ends of the hump.

o Smooth and uniform surface finish.

o Traffic control, including necessary signage and barricades, to ensure public safety during construction and until all permanent markings and signs are installed and the hump is opened to traffic.

o Pavement markings associated with the speed hump installation (e.g., warning signs, chevrons, edge lines) in accordance with City Standard Details and the Manual on

Uniform Traffic Control Devices (MUTCD).

o Final site cleanup and restoration of any disturbed areas to original conditions or as directed by the City Project Manager, or Designee.

2.3. Pavement Markings: Install all required pavement markings (e.g., reflective pavement markers, thermoplastic markings, etc.) on the speed hump and approaches in accordance with Contract Plans and City Standard Details.

2.4. Signage: Furnish and install all required speed hump warning signs and advance warning signs in accordance with Contract Plans and City Standard Details, in accordance with

MUTCD guidelines.

II. City Standard Details

The Contractor shall adhere strictly to the City of Fort Myers Standard Details for Speed Hump

Construction, which are incorporated by reference into this Scope of Work. These details outline the design specifications, materials, and installation requirements for the speed hump construction, including speed hump dimensions, markings, and signage. The Contractor is responsible for obtaining and familiarizing themselves with these details prior to submitting a bid.

III. Construction Plans

The locations of the thirteen (13) speed humps are defined on the Construction Plans, which are an integral part of this ITB. The Contractor shall utilize these plans to determine the approximate placement and orientation of each speed hump. However, the exact installation location will be determined in the field, in coordination with the City Project Manager, or Designee, such that a best fit location is established for each speed hump installation in consideration of site-specific infrastructure constraints. The plans also contain site-specific details that must be followed.

IV. Special Conditions

1. Existing Conditions: The Contractor shall verify existing site conditions prior to commencing work and report any discrepancies to the City Project Manager, or Designee.

2. Hours of Operation: Construction operations shall adhere to City ordinances regarding noise and working hours. Work hours shall be established at the time the construction schedule is established and approved by the City Project Manager, or Designee.

3. INSTRUCTIONS

Procurement Information

Procurement Services is the official source for obtaining information regarding City of Fort Myers solicitations. It is the responsibility of Contractor to monitor and obtain solicitation updates and current award information both prior to and after the scheduled opening date. Information is updated as it becomes available. The City reserves the right to issue an award or a recommendation of award at any time following the scheduled solicitation opening date.

Applicable Laws 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. Responsibilities

3.1. Contractor is solely responsible for ensuring timely electronic submissions.

3.2. The City is not responsible for the distribution of addenda or other solicitation-related information to Contractor 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. Contractor is advised to regularly check the portal for any updates related to this solicitation.

3.1. 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 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.

3.2. 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 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.

3.3. Responsibilities of the Contractor

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

1. Download Official Solicitation Documents

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

2. Thoroughly Review Documents

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

3. Consider Applicable Laws and Regulations

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

4. Correlate Observations with the Solicitation Documents https://www.cityftmyers.com/1171/Procurement-Services

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

5. Report Conflicts or Discrepancies

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

Q&A module.

5.1. 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

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

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

6.2. 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.

7. City's Right to Modify Contract

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

3.4. Questions and Addenda Guidelines

1. Submission of Questions

All questions regarding the meaning or intent of the solicitation documents must be submitted through the OpenGov Portal. Only questions received before the deadline specified in the solicitation timeline will be considered. 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. 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

Answers to questions of substance will be publicly published in the OpenGov Portal. 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. The two-day response window does not apply to project-specific questions that require input from project managers or Contractor.

3. Authority of Addenda and Revisions mailto:procurementservices@fortmyers.gov

Revisions to the solicitation and responses provided via the "Questions & Answers" feature are authoritative and shall be considered addenda to the solicitation. All information provided in this solicitation, including addenda and answers to questions, will be incorporated into the solicitation and any resulting contract. It is the responsibility of the Contractor to review all addenda, revisions, and published answers to questions. Requests for interpretations must be submitted through the OpenGov Portal. Failure to review and comply with the latest addenda or interpretations will not relieve the Contractor of their obligations under the solicitation or the resulting contract. No oral interpretations will be provided. All official interpretations will be issued as written addenda and made available via OpenGov.

4. Modification of Solicitation Documents

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

3.5. 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.

3.6. Incorporation of Procurement Policy and Ordinance

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

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

3.7. Submittal Preparation

1. Preparation of Response

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

3. Proprietary Information

3.1. 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 https://fortmyers.gov/DocumentCenter/View/14396/City-of-Fort-Myers-Procurement-Policy-PDF https://fortmyers.gov/DocumentCenter/View/14396/City-of-Fort-Myers-Procurement-Policy-PDF necessary, including filing a declaratory action, to comply with Federal or Florida public records laws.

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

3.8. Submission Requirements for Invitation to Bids

1. Submission Requirements and Instructions

The Contractor is responsible for uploading their submittals directly into the OpenGov portal:

OpenGov Submission Portal . The representative authorized to bind the Contractor to the submittal must sign the qualification statement. A submittal is considered timely only if received through the OpenGov portal by the precise date and time stated in the solicitation timeline. The OpenGov portal time clock serves as the official time for determining timeliness.

Submittals will not be accepted after the deadline.

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

2. Instructions for Uploading Submissions

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

2.2. Responsibility for Timely Submission The Contractor is solely responsible for ensuring their submittals are complete, uploaded, and submitted via the e-Procurement

Portal before the specified due date and time. The City is not responsible for any delays or failures in submission caused by any occurrence.

3. Mandatory Minimum Qualification Documentation

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

4. Required Documents

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

5. Corporate Submittals

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

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

Secretary.

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

6. 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.

7. Litigation History

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

8. Proprietary Information

8.1. Public Records and Confidentiality

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

8.1.1. 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.

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

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

8.2. 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.

8.3. 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.

8.4. 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.

9. Electronic Pricing Form Instructions

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

9.1. Pricing Instructions

9.1.1. Submission Process

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

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

9.1.2. 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.

9.1.3. 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.

10. Binding Submissions

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

11. Late Submissions

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

3.9. Conformance to Solicitation

1. Compliance with Mandatory Requirements

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

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

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

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

“Interpretations of Solicitation and Addenda” section of this Solicitation.

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

2. Submitting Requests for Waivers or Amendments

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

Important Note:

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

3.10. Modification and Withdrawal of Submissions

1. Modifying or Withdrawing Submissions

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

2. Withdrawal Due to Material Mistake

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

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

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

3.11. Submission Responsibility

Except as provided under the Americans with Disabilities Act for individuals requiring special accommodations, it is the sole responsibility of the 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.

3.12. Opening Submissions for Construction

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

1. Instructions to Join the Solicitation Opening Virtual Meeting

1.1. Select a Method to Join Choose the preferred method provided in the Solicitation document.

1.2. Join the Virtual Meeting Use the link or access details provided in the "Introduction" section to join the virtual Proposal Opening session.

1.3. 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.

3.13. Irrevocable Offer

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

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

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

3.14. Evaluation and Award Process for Invitation to Bids

1. Initial Review of Submissions

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

1.1. Verification of answers to required questions.

1.2. Confirmation of professional licensing.

1.3. Evaluation of references.

1.4. Review of bonding documents, if required.

1.5. Assessment of other relevant criteria.

2. Departmental Analysis

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

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

3. Optional Discussions

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

Contractor to clarify their submissions.

4. Recommendation and Notice of Intent to Award

The Department Representative will email their recommendation to the Procurement

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

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

5. Evaluation of Contractor's Capabilities

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

5.1. Financial capability,

5.2. Reputation and integrity,

5.3. Skill and business experience,

5.4. Quality of performance on similar projects.

6. Additional Research

The City may conduct any necessary research to assist in evaluating submissions and determining the responsibility, qualifications, and financial capability of 1) Contractor, 2)

Proposed Subcontractor and Supplier. 3) 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.

3.15. Reserved Rights

1. Request for Additional Information

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

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

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

Fort Myers Police Department.

2. Flexible Award Options

The City reserves the right to

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

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

3. Rejection of Submittals

The City reserves the right to

3.1. Reject any and all Submissions;

3.2. Waive any and all informalities;

3.3. Negotiate contract terms with the Successful Contractor;

3.4. Disregard nonconforming, non-responsive, unbalanced, or conditional submittals;

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

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

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

3.16. Protest Procedure

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

Policy, which can be accessed at the following link:

City of Fort Myers Procurement Policy (PDF)

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

3.17. Award of Contract for Invitation to Bids

1. Purchase Order

The Purchase Order (PO) issued by the City to the selected Contractor within the time specified for acceptance, in conjunction with the contract, establishes a binding contract without further action by either party. The contract will include this Solicitation, any addenda, the Contractor’s submittal, and the established Purchase Order. This Contract shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any 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

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

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

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

3. Multiple Awards

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

3.18. Form of Contract

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

1. Formatting Adjustments

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

2. City’s Right to Modify Contract Language

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

3.19. Execution of Contract

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

https://www.cityftmyers.com/DocumentCenter/View/14396/City-of-Fort-Myers-Procurement-Policy-PDF

1) Any required bonds;

2) Indemnities; and

3) 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.

3.20. 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 Contractor’s social, political, or ideological interests when determining whether the Contractor is responsible.

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

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

3.21. Identification of Variances

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

City will assume that:

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

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

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

Solicitation requirements.

3.22. Cone of Silence

A Contractor 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 (excluding Saturdays, Sundays, and City recognized holidays) following the City’s posting of the notice of intended award.

Exceptions

1. Written communications directed to the Procurement Officer.

2. As explicitly provided in the Solicitation documents.

Violation

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

4. CONSTRUCTION SUPPLEMENTAL CONDITIONS

4.1. Availability of lands; physical conditions, reference points

1. Availability of lands

1.1. The City shall provide, as indicated in the Contract Documents and not later than the date when needed by the Contractor, the lands upon which the Work is to be done, rights of way and easements for access, and such other lands which are designated for the use of the

Contractor. Easements for permanent structures, or permanent changes in existing facilities, will be secured and paid for by the City, unless specified otherwise in the Contract Documents.

If the Contractor believes that any delay in the City’s furnishing these lands or providing such easements entitles them to any extension of the Contract Time, they may make a claim as provided in the section entitled “Changes”. The Contractor shall provide all additional lands, and access, that may be required for temporary construction facilities or storage of materials and equipment.

1.2. The Contractor shall not (except after written consent from the property owner) enter or occupy with workers, tools, or equipment any land outside the rights of way or property of the landowner. A copy of the written consent shall be given to the City.

2. Surveys; Soil Borings

2.1. The City will, upon request, furnish to the Contractor copies of available boundary surveys and will establish or indicate such general reference points as in their judgment will enable the

Contractor to proceed with the Work.

2.2. The Contractor shall provide all surveys necessary for construction of the work, and to ensure proper record keeping, and as required for the performance of the Work. All Work shall be done to the lines, grade, and elevations shown on the Plans. Any Work done without being properly located may be ordered removed and replaced at the Contractor’s expense.

2.3. The Architect/Engineer (AE) or City may, in its sole discretion, check from time to time the reference marks, lines, grades, and measurements established by the Contractor, but their exercise or failure to exercise such right, shall not relieve the Contractor of their obligations under the preceding paragraph.

2.4. The Contractor shall carefully preserve benchmarks, reference points, and stakes. In the case of willful or careless destruction, they shall be charged with the resulting expense and shall be responsible for any mistake that may be caused by their unnecessary loss or disturbance.

2.5. The City may have, for its own use, made borings at or near the site of the Work. Any boring data shown in these Contract Documents is presented only as information which indicates certain conditions found and limited to the exact locations and on the dates indicated. Any interpretations or conclusions drawn by the Contractor from such data shall be their own, and the City makes no representation or guarantee concerning the accuracy or completeness of such data. The Contractor shall be responsible for making their own determination of water table variations prior to submitting and shall not assume that any water levels shown by the aforesaid boring data will necessarily be maintained at the level indicated.

3. Physical Conditions

3.1. Contractor Research - The Contractor acknowledges that they have researched prior to submitting and satisfied themselves as to the conditions affecting the Work including, but not restricted to, those bearing upon transportation, disposal, handling, and storage of materials, availability of labor, water, electric power, roads, and uncertainties of weather, river stages, tides, water tables, or similar physical conditions at the site, the conformation and…