RFP 26-067

Derelict Vessel Removal Service Continuing Contract (Disaster)

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

Derelict Vessel Removal Service Continuing Contract (Disaster), RFP 26-067

TABLE OF CONTENTS

1. INTRODUCTION

2. SCOPE OF WORK (SPECIFICATIONS)

3. INSTRUCTIONS TO PROPOSERS

4. INSURANCE

5. GENERAL TERMS & CONDITIONS

6. SELECTION COMMITTEE AND EVALUATION PROCESS

7. EVALUATION CRITERIA

8. DEFINITIONS

9. PRICING PROPOSAL

10. SUBMITTAL QUESTIONNAIRE

1. INTRODUCTION

1.1. Advertisement

RFP 26-067 Derelict Vessel Removal Service Continuing Contract (Disaster)

The City of Fort Myers is seeking submittals for RFP 26-067 Derelict Vessel Removal Service

Continuing Contract (Disaster). Submittals must be received electronically on or before Tuesday, August 18, 2026 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 Advertisement: News-Press and/or

OpenGov

Mary Hagemann, City Clerk RUN DATES: Thursday, July 16, 2026

1.2. Contact Information

Direct inquiries to the following:

Procurement Representative Name

Kirk Zimmerman, Senior Procurement Specialist

2200 Second Street

Fort Myers, FL 33901

Email: kzimmerman@fortmyers.gov

Phone: (239) 321-7241

Requesting Department:

Emergency Management (Fire)

1.3. OpenGov Portal

The City of Fort Myers uses OpenGov (https://procurement.opengov.com/portal/cityftmyers) to administer the competitive solicitation process, including but not limited to soliciting responses, issuing addenda, posting results and issuing notification of an intended decision. There is no charge to register and download the solicitation from OpenGov. Contractors are strongly encouraged to read the various Guides and Tutorials available in OpenGov well in advance of their intention of submitting a response to ensure familiarity with the use of OpenGov. The City will not be responsible for submittal failures caused by the Contractor’s equipment or internet connectivity. In the event of a documented system-wide OpenGov outage, the City reserves the right to extend the deadline by addendum.

1.4. Timeline

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

Release Project Date: July 16, 2026

Pre-Proposal Meeting (Non-Mandatory): July 23, 2026, 10:00am

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Question Submission Deadline: August 3, 2026, 4:00pm

Submission Deadline: August 18, 2026, 2:00pm

Selection Committee (Non-Mandatory): September 1, 2026, 9:00am

Fort Myers City Hall - East Conference Room

2200 Second Street, Fort Myers, FL 33901

Presentations (if desired by the committee): September 11, 2026, 1:00pm

1.5. Pre-Submittal Meeting

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

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2. SCOPE OF WORK (SPECIFICATIONS)

2.1. Mandatory Minimum Qualifications

2.1.1. Each Submittal must contain evidence of the Contractor's qualifications to do business in the State of Florida.

2.1.2. Contractor either the individual responding to this solicitation or project manager assigned to the project, must have successfully completed at least two (2) projects of a similar nature. This requirement is reasonably related to ensuring Contractor stability and capacity.

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

2.1.4. Contractor must provide three (3) letters of reference. At least one (1) of the letters of reference must arise out of the similar projects listed in response to paragraph 2.1.2. above.

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

• 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).

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

2.1.6. Irrespective of the minimum qualifications stated above, the City may make such investigations as it deems necessary to determine the ability of the Contractor to perform the

Work. The City reserves the right to reject any Proposal if the evidence submitted by such

Contractor and/or the City’s independent investigation of such Contractor fails to satisfy the City that such Contractor is properly qualified to carry out the obligations of the Agreement and complete the Work in a manner acceptable to the City within the time period specified.

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

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

Contract and any contract renewals.

The City will evaluate such disclosures solely for purposes of determining responsibility and capacity to perform, in accordance with applicable law.

2.2. Scope

The intent of this Scope of Services is to describe the minimum requirements for Derelict Vessel

Removal Services. This applies to all vessels, which local law enforcement agencies have designated as derelict or abandoned and includes, but not limited to, personal watercraft, airboats, barges, boats, and floating docks. This project may be funded in part by the

FEMA/FDEP. As such, the project will adhere with federal funding guidelines.

1. Services shall include but not limited to; all labor, equipment, materials, vehicles, vessels, incidental expenses and personal protective equipment to satisfactorily removal derelict vessels.

2. Removal: may include vessels that have become submerged, are shallow/near shore, or have been deposited on the shoreline or uplands. Removal includes any vessel add-ons, affixed to, or detached and associated displaced debris within 300 feet radius from the main body of the vessel. Contractor shall contain any pollutants and legally dispose in accordance with regulatory requirements.

3. Detailed Records: The Contractor shall maintain a detailed record of all recovered vessels and submit to the City following each removal or group of removals utilizing the Derelict Vessel Data

Sheet. The record shall include the date and time of recovery, vessel type, length, name of vessel (if available), Florida (FL) registration or other registration number (if available), hull identification number (if available), and condition of the vessel.

4. Photograph Documentation: Contractor shall take detailed photographs documenting the pre-removal condition of the vessel, every stage of removal, and the post-removal environmental conditions for each removal. Photographs of the destruction of the vessel or of the intact vessel at the landfill are required. All photos shall include a date and time stamp.

5. Erosion Control & Environmental Impact: Work shall be conducted using appropriate Best

Management Practices (BMP’s) to prevent turbidity/siltation/water quality violations and prevent damage to wetland areas, mangroves, seagrasses or other submerged aquatic resources. BMP’s shall be based on the Florida Department of Environmental Protection (FDEP) erosion control and turbidity prevention measures.

Vessels shall be removed with no impact to the coastal environment. Contractor is responsible for any damage to the environment which occurs as a result of work related to the removal.

Any environmental impacts which have occurred prior to the start of removal work shall be documented with pre-removal photographs. Contractor shall place and maintain all necessary barriers and/or turbidity controls and restore boat ramps and/or work areas to pre-work condition. Vessels situated in near-shore, shallow water areas shall be approached in a manner to avoid impacts and disturbance of wetland or upland areas. The Contractor shall avoid the dragging of vessels when possible.

Dredging shall not be allowed unless specifically pre-approved by the City with appropriate permitting.

6. Pollutants: Contractor shall determine if vessel contains pollutants that could be harmful to the environment if discharged during removal operations; remove pollutants prior to moving vessel and provide proper legal disposal; furnish the City Representative with receipts documenting pollutant disposal. If any pollutant discharge occurs, Contractor shall immediately report this to the appropriate authorities, in addition to employing proper containment measures.

Pollutants include, but are not limited to motor/vessel fuels, oils and lead acid batteries.

Containment booms and recoverable absorbent materials shall be available for spill response to contain and recover fuel or oil discharges that could occur during vessel recovery.

7. Permitting: The Contractor will be required to follow all permit requirements associated with applicable vessel removal permits outside of Florida Administrative Code 62-330.051 (FDEP

Permit Exempt Activities). The removal of derelict vessels, as defined in Section 823.11(1), F.S., by federal, state, and local agencies, provided:

7.1. All work is done in a manner that, to the greatest extent practicable, avoids additional dredging or filling, grounding or dragging of vessels, and damage to submerged resources such as seagrass beds, oyster beds, coral communities, mangroves, other wetlands, and live bottom;

and

7.2. An absorbent blanket or boom shall be immediately deployed on the surface of the water around the derelict vessel if fuel, oil, or other free-floating pollutants are observed during the work.

8. Additional Information: The following items of information shall be provided to the City if requested:

8.1. Vessel type

8.2. Length

8.3. Identifying information such as state tag or registration number

8.4. Condition of vessel

8.5. GPS coordinates

9. Communication: Contractor shall keep the City Representative informed of all operations.

Provide a minimum 48-hour notice of removals so the City may choose to be present during operations. No removal activities shall commence before authorization of removal by the City.

The Contractor shall provide 24-hour notice to the City Representative or their designee before to commencing any removal activities.

10. Safety: Contractor shall utilize safety signs, warning lights, temporary barriers, dive flags or other types of markers around work areas as needed to protect the public and worker health and safety and comply with OSHA requirements.

11. Public Interaction: All work shall be completed in such a manner as to minimize disruption to boat ramps, boaters, and roadway traffic. Contractor is advised that coordination with law enforcement agencies and/or news reporting organizations in the course of vessel removal may be necessary.

12. Works Orders: The work of this contract will be administered via City issued Work Orders for individual jobs or multiple assignments. The Work Order will include all information necessary to locate and remove the vessels, any permits necessary for the work, and other pertinent details, along with a purchase order. The Work Order shall be considered authorization to proceed with the work.

Work shall be completed within the time specified in the approved Work Order and shall not exceed thirty (30) calendar days from authorization, unless the City agrees to other arrangements.

Requests for additional compensation due to significant unforeseen conditions shall be addressed to the City in a written/electronic format for consideration and approval prior to work being performed. Failure to obtain pre-approval for the additional compensation may result in the invoice being returned or adjusted downward to initial work order value.

13. Workdays and Response Times: Requests for non-emergency services will be during normal

City work days and between the hours of 7:00 AM – 4:00 PM, Monday through Friday. Work shall be complete within thirty (30) calendar days of issue of authorization to proceed.

14. Emergency Removals: will require the Contractor to mobilize forces and equipment to begin removal activities within forty-eight (48) hours of notice and authorization, which could include work during nighttime, weekends or holidays. In this case, a supplemental lump sum emergency mobilization fee per project will be provided. The City, in conjunction with law enforcement, shall identify all emergency vessels to be removed.

15. Disposal: Vessels must be disposed of at a Class III landfill, or any Class III landfill pre-approved by the City Representative. Contractor must remove all contaminants from the vessel and remove any items not accepted at the landfill and dispose of properly and in accordance with all appropriate regulatory requirements. Contractor is responsible to prepare the vessel for disposal, transportation of the vessel to the landfill, and all disposal fees.

The City encourages recycling of materials when feasible. The Contractor shall have the option of recycling any materials of the vessel. Receipts of recycling must be provided to the City.

Contractor shall provide the City Representative with a copy of landfill disposal receipts for each vessel, and any receipts for pollutant disposal or recycled materials, along with the photographs documenting destruction of the vessel This documentation as well as all photos taken of the entire removal process shall be included in the post-removal reports submitted to the City.

16. Invoicing: Upon completion of vessel disposal, Contractor must supply the following items in a post-removal report with each invoice:

16.1. Disposal, landfill, or recycling receipts.

16.2. Photo documentation (including date and time stamp).

16.3. Provide available additional information.

16.4. Invoice shall include dates of removal, disposal, the Purchase Order Number and Vessel

ID if available.

17. Measurement & Payment:

17.1. Removal & Disposal of Derelict Vessels:

Measured by the total length in linear feet as determined from a single line from the center point of the bow and extending to the center point of the stern, of each vessel removed and disposed, inclusive of all labor, fuel, equipment and materials, vehicles, vessels, tools, mobilization, incidental expenses, transport, vessel destruction for disposal, disposal fees, photographs and any pollutant removal and disposal costs. Work to be complete within 30 calendar days. Length does not include bowsprits or motors.

Payable at the contract unit price bid per linear foot within the appropriate size category with supporting post- removal reports as described previously. If there is a discrepancy between the reported length of the vessel and the actual length measured in the field, the City

Representative must be contacted immediately.

17.2. Emergency Mobilization Fee

Measured per each emergency removal work request for the Contractor to mobilize forces and equipment to begin removal operations within 24-hour notice and authorization, which could include work during nighttime, weekends or holidays. This supplemental fee will be a one-time

(per project) lump sum amount allowed to the Contractor and is supplemental to the linear foot rate pricing bid.

Payable per lump sum bid.

18. Required FEMA Documentation

18.1. Contractor shall maintain and provide daily equipment usage logs, labor records, subcontractor invoices, disposal tickets, GPS logs, and other records required for reimbursement eligibility.

18.2. Contractor shall cooperate with FEMA, State, City, Inspector General, and auditing agencies during project performance and closeout.

18.3. Contractor shall provide good faith outreach documentation as required under 2 CFR 200.

19. Equipment

19.1. Contractor shall be required to submit a list of all equipment they will have access to during the term of the contract (Attachment A) including but not limited to: cranes, barges, work boats and spill containment equipment.

20. Personnel

Contractor shall be required to submit a list of personnel including the name, title, equipment they operate, licenses held. Should personnel change during the Agreement period the City shall have the right to approve/reject new staff members.

20.1. Contractor's personnel shall be PADI, NAUI, or SDI certified to be diver and a heavy marine equipment operator.

20.2. Contractor shall provide credentials and contact information for Project Manager, Emergency Contact, Vessel Recovery Supervisor, Dive Team Lead.

21. Fee Schedule: The Contractor shall complete all unit prices in the Pricing Proposal Section in order to be responsive.

Unit prices include all labor, equipment, materials, vehicles, vessels, incidental expenses, personal protective equipment and other services required to remove derelict or abandoned vessels from the inland waterways.

The City may issue a Purchase Order requiring the use of additional or specialized equipment and/or environmental mitigation, including but not limited to, fuel and or oil removal, (if needed) not identified in the unit costs of the Agreement. The cost of such equipment may be identified separately and included in the specific Purchase Order to which it applies, or the

Agreement may be amended through a Change Order with an amended cost schedule that includes such equipment.

If due to an emergency, the City determines that material, equipment and/or subcontracted services that were not included in the original Purchase Order are required, the City may authorize procurement thereof in a manner that most efficiently and effectively minimizes public risk and economic loss.

3. INSTRUCTIONS TO PROPOSERS

3.1. Procurement Information

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

3.2. Introduction

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

3.3. Americans With Disabilities Act

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

Contact Information:

Procurement Services

2200 Second Street, Fort Myers, FL 33901

Email: ProcurementServices@fortmyers.gov

Phone: (239) 321-7240

3.4. Incorporation of Procurement Policy and Ordinance

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

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

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

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

Code of Ordinances and Procurement Policy.

3.5. Solicitation Documents

Solicitations may be accessed in the City's Portal of OpenGov and follow the link to Active

Solicitations to access solicitation information. It is the responsibility of the Contractor to ensure correct registration information is provided. The City will not be held liable for any issues arising from incorrect or incomplete contact information. All submittals must be prepared using the solicitation documents provided in this solicitation. The City assumes no responsibility for errors or misinterpretations resulting from the use of incomplete or unofficial solicitation documents.

Solicitation documents, including all attachments, specifications, and exhibits are provided solely https://fortmyers.gov/DocumentCenter/View/14396/City-of-Fort-Myers-Procurement-Policy-PDF https://www.fortmyers.gov/1515/Procurement-Ordinances https://www.cityftmyers.com/1171/Procurement-Services to facilitate the preparation and submittal of responses. The City reserves the right to cancel any solicitation at any time without obligation.

3.6. Responsibilities of the Contractor

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

3.6.1. Contractor shall obtain solicitation documents exclusively from OpenGov. Documents sourced from other platforms or sources are not guaranteed to be accurate.

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

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

3.6.4. Contractor will review, understand, and factor into their bid/proposal all addenda and answers to questions that are submitted via the OpenGov portal. See "Questions and Addenda

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

Contractor is advised to regularly check the portal for any updates related to this solicitation.

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

3.6.6. Contractor will study and carefully align observations with the solicitation documents to ensure consistency.

3.6.7. Contractor will notify the Procurement Services Department by email to procurementservices@fortmyers.gov and submit a question through the OpenGov Q&A tab of any conflicts, errors, or discrepancies in the solicitation documents.

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

3.6.8. The Agreement intended for award is part of the solicitation as an attachment. This draft contains standard legal language and may be modified. Any exceptions to the standard

Agreement 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 Submittal

Questionnaire. Exceptions to the Agreement may impact the evaluation of the submittal.

3.6.9. The City reserves the right to make modifications to the Agreement for specific projects before execution.

3.7. Cone of Silence

Contractors responding to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the City posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee of the city concerning any aspect of this solicitation, except in writing to the

Procurement Officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response.

3.8. Submittal Guidelines

3.8.1. Official Submittal Portal

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

3.8.2. Judgment on Disclosure

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

Federal or Florida public records laws.

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

3.8.3. Instructions for Uploading Submittals

3.8.3.1. Submittal 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 submittal along with all required attachments, and submit your response.

Contractor shall ensure that all electronic deliverables provided under this Agreement, including but not limited to reports, PDFs, presentations, forms, data visualizations, dashboards, online tools, and other digital or web-based content, comply with the Web

Content Accessibility Guidelines (WCAG) 2.1 Level AA. Deliverables must be provided in accessible formats compatible with commonly used assistive technologies. Contractor shall promptly remediate any accessibility deficiencies identified by the City at no additional cost and shall provide corrected deliverables within a mutually agreed-upon timeframe.

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: a) the materials, equipment, or services offered fully comply with the Solicitation specifications, b) TheContractor agrees to all terms and conditions outlined in the attached Agreement. Failure to disclose variances may result in the Contractor being held to full compliance of the Solicitation requirements.

3.8.3.2. Responsibility for Timely Submittal

The Contractor is solely responsible for ensuring their submittals are complete, uploaded, and submitted via the OpenGov Portal before the specified due date and time. The City is not responsible for any delays or failures in submittal caused by any occurrence.

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

The authorized representative who binds 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 specified in the solicitation timeline. The official time will be determined by the OpenGov portal's time clock. The portal will not accept submittals after the deadline.

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

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

3.8.3.3. Proprietary Information

Contractor must clearly identify any information in their responses they consider confidential or proprietary, citing the specific legal exemption. Generic notations such as

"confidential" are not sufficient. Failure to provide a detailed explanation with statutory citations may result in the entire response being subject to disclosure under Chapter 119.

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. 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.

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

Myers and will not be returned.

3.8.4. Submittal Requirements

Document Format A single PDF document, signed by an authorized representative, must be submitted via the OpenGov portal under the Proposal question of the "Submittal

Questionnaire".

Title Page – Introduction Include the following: Name of the individual or firm, Address, Email address, Telephone number, Name of contact person, Date, Solicitation number and title.

Table of Contents Include page numbers and bookmark each section for easy navigation.

Letter of Transmittal Two (2) page limit. Content: Briefly state the Contractor's understanding of the services to be provided. Make a positive commitment to perform the work. Provide the names, titles, addresses, and telephone numbers of authorized representatives.

Mandatory Minimum Qualification Documentation Provide documentation to verify compliance with the "Minimum Qualifications" section. Ensure all documentation is clear and specific.

Evaluation Criteria Place responses to the evaluation criteria in the order it is stated under the "Evaluation Criteria" section.

Contractors shall not submit compensation information, fee schedules, hourly rates, or pricing information as part of the Statement of Qualifications unless specifically requested by the City after completion of the ranking process pursuant to F.S. § 287.055.

Required Documents

Corporate Submittals Must be signed in the corporate name by the President or

Vice-President (or other authorized officer with evidence of signing authority).

Include the corporate address and state of incorporation.

Partnership Submittals Must be signed in the partnership name by a partner, with the title notedContractor under the signature. Include the partnership's official address.

Litigation History Provide details of any current litigation or outstanding judgments involving the Contractor in the respective question under the Submittal Questionnaire.

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

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

3.9. Questions and Addenda

3.9.1. Submittal of Questions

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

3.9.2. Authority of Addenda, Responses, and Revisions

Revisions to the solicitation and responses provided via the "Questions & Answers" feature are binding and shall be considered addenda to the solicitation. All information provided in this solicitation, including addenda and responses to questions, will be incorporated into the solicitation and any resulting Agreement. It is the responsibility of the Contractor to review all addenda, revisions, and published responses 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 Agreement. No oral interpretations will be provided. All official interpretations will be issued as written addenda and made available via

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

3.9.3. Modification of Solicitation Documents

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

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

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 Agreement.

3.10. Modification and Withdrawal of Submittals

3.10.1. Modifying or Withdrawing Submittals

A Request for Proposal may be modified or withdrawn by the Contractor through the OpenGov portal at any time before the closing time noted in the Solicitation.

3.10.2. Withdrawal Due to Material Mistake

If, within twenty-four (24) hours after Submittals are opened, a Contractor files a duly signed written notice to the Procurement Representative and demonstrating to the Procurement

Director's reasonable satisfaction that a material and substantial mistake occurred in the preparation of its Submittal, the Contractor may withdraw its Submittal. In such cases:

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

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

3.11. Opening Submittals for Non-Construction

Non-construction-related submittals will be opened privately. In accordance with section

119.071(1)(b)2., Florida Statutes, sealed bids, proposals, or replies received by the City pursuant to this solicitation are exempt from public disclosure until such time as the City provides notice of an intended decision or until thirty (30) days after opening, whichever occurs earlier. Thereafter, records will be made available in accordance with Chapter 119, Florida

Statutes, and Article I, Section 24 of the Florida Constitution, unless otherwise exempt or confidential by law.

3.12. Reserved Rights

3.12.1. Request for Additional Information

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

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

• Evidence of financial resources and the ability to provide and maintain the required system and/or services. Additionally, the City may conduct investigations into the qualifications of any

Contractor, which may include background checks.

3.12.2. Flexible Award Options

The City reserves the right to:

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

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

3.12.3. Rejection of Submittals

The City reserves the right to:

• Reject any and all Submittals.

• Waive any and all informalities.

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

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

• The Solicitation is not responsive.

• The Contractor is unqualified or has questionable financial ability.

• TheContractor fails to meet any other relevant standards or criteria established by the

City.

3.13. Irrevocable Offer

By submitting a response to this Solicitation, the Contractor agrees that their submittal constitutes an irrevocable offer to the City. 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 submittal.

3.14. Award of Contract

3.14.1. Formal Award

The City intends to negotiate a Service Agreement with the highest-ranked responsive and responsible Contractor. If negotiations are unsuccessful, the City shall formally terminate negotiations and proceed sequentially with the next-ranked Contractor in accordance with F.S.

§ 287.055.

The Agreement shall include the established Service Agreement and incorporate by reference this Solicitation, any addenda, and the (removed extra space) Contractor’s submittal. 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.

3.14.2. Multiple Awards

The City reserves the right to award one or multiple agreements if determined to be in the best interest of the City.

3.14.3. Purchase Order

A Purchase Order (PO) will be issued by the City to the selected Contractor within the time specified for acceptance.

3.15. Form of Agreement

The City’s intention is to use the attached Draft Agreement. Any requested revisions to the

Agreement must be submitted using the question and answer tab in OpenGov and resolved prior to solicitation closing. Any revisions to the Agreement will be shared via and addendum.

The City reserves the right to revise or alter the language of the Draft Agreement after responses are received and prior to execution to address the specific requirements or circumstances of the project.

3.16. Execution of Agreement

Following successful negotiations, the Contractor shall execute the Services Agreement. Upon approval by the City Council, the Contractor must submit all required insurance documentation and any other required materials within fifteen (15) calendar days of receiving the fully executed Agreement. Failure to timely execute the Agreement and submit required documentation may result in termination of negotiations and commencement of negotiations with the next-ranked Contractor. Electronic signatures are accepted under the Florida Uniform

Electronic Transaction Act (F.S. 668.50).

3.17. Protest Procedure

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

Policy, which can be accessed at the following link:

City of Fort Myers Procurement Policy (PDF)

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

3.18. Post Award Debriefing Process

A Contractor may submit a written request for a debriefing to the designated procurement representative no later than thirty (30) calendar days following Council approval of the contract award. Upon receipt of the request, the procurement representative will schedule the debriefing with the Contractor, which may be conducted in person, virtually, or by telephone.

The debriefing will include, at a minimum, the following:

• An overview of the solicitation requirements.

• The final overall ranking of all proposals.

• A discussion of the significant strengths, weaknesses, or deficiencies identified in the

Contractor’s submittal in relation to the solicitation requirements. The Contractor’s submittal will not be compared to any other proposal.

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

• Upon request, an explanation of the scores assigned for each evaluation criterion, including cost, if applicable.

• If applicable, a summary of the basis for the award recommendation or selection decision.

• Responses to relevant questions from the proposer concerning the evaluation process and results.

4. INSURANCE

Insurance Coverages Required.

Insurance will be provided by the Contractor. If required, the awarded Contractor (and its

Subcontractors to the same extent and on the same terms as set forth below for Contractor) shall maintain the following coverages and furnish the certificate of insurance on the policies and renewals thereof which indicate that insurance coverage has been obtained meeting the requirements of the contract.

4.1. Insurance Terms and Conditions

4.1.1. The Contractor shall obtain and maintain such insurance as will protect the City from: (1) claims under workers' compensation laws, disability benefit laws, or other similar employee benefit laws; (2) claims for damages because of bodily injury, occupational sickness or disease or death of his or her employees including claims insured by usual personal injury liability coverage; (3) claims for damages because of bodily injury, sickness or disease, or death of any person other than his employees including claims insured by usual personal injury liability coverage; and (4) from claims for injury to or destruction of tangible property including loss or use resulting there from; any or all of which claims may arise out of, or result from, the services, work and operations carried out pursuant to and under the requirements of this

Agreement, whether such services, work and operations be by the Contractor, its employees, or by any Subcontractor, or anyone employed by or under the supervision of any of them, or for whose acts any of them may be legally liable.

4.1.2. Subcontractor. Unless expressly specified otherwise in this solicitation, a Contractor and its Subcontractors of any tier will be required at their own expense to maintain in effect at all times during the performance of the work insurance coverages with limits not less than those set forth below with insurers and under forms of policies satisfactory to the City. It shall be the responsibility of the Contractor to maintain the required insurance coverages and to assure that

Subcontractors maintain required insurance coverages at all times. Failure of a Contractor to maintain adequate coverage shall not relieve it of any contractual responsibility or obligation.

The requirements specified herein as to types, limits, and City’s approval of insurance coverage to be maintained by a Contractor and its Subcontractors are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Contractor and its

Subcontractors under a contract. Any insurance carried by the City that may be applicable shall be deemed to be excess insurance and the Contractor's insurance primary for all purposes despite any conflicting provision in the Contractor's policies to the contrary.

4.1.3. The Contractor shall obtain, have, and maintain during the entire period of this

Agreement, all such insurance policies as are set forth and required herein.

4.1.4.The insurance coverage to be obtained by the Contractor, as set forth in Agreement for:

(1) Worker's Compensation; (2) Commercial General Liability; (3) Commercial Automobile

Liability; and (4) Professional Liability (5) Marine (6) Pollution Control is understood and agreed to cover any and all of the services or work set forth in Exhibit “A” of this Agreement, or in any and all subsequently executed Change Orders, or Supplemental Agreements. If the total amount of insurance coverage established in, and required by, a Change Order or Supplemental

Agreement exceeds the amount of insurance coverage carried by the Contractor, then the

Contractor shall be required and expected to acquire such additional insurance, and the compensation established for the Change Order, or Supplemental Agreement, shall include consideration of any additional premium cost incurred by the Contractor to obtain such additional insurance coverage.

4.1.5. The purchasing of any insurance on the behalf of the City shall not waive any defense under Sovereign Immunity.

4.1.6. Additional Insureds. All insurance coverages furnished under a contract except Workers’

Compensation, Employers’ Liability and any Professional Liability Policy shall include the City and its officers, elected officials, and employees as additional insureds with respect to the activities of the Contractor and its Subcontractors. The City shall not by reason of their inclusion under these policies incur liability to the insurance carrier for payment of premium for these policies.

If this solicitation is funded in whole or in part by the Florida Department of Transportation, they will be included as an additional insured on all insurance certificates.

4.1.7. Waiver of Subrogation. The Contractor and its Subcontractors shall require their insurance carriers, with respect to all insurance policies, to waive all rights of subrogation against the City, its officers, elected officials, agents, and employees and against other Contractor and Subcontractors.

4.2. Insurance Certificate Required

4.2.1. Certificates of Insurance. Prior to commencing work at the jobsite, and as a condition precedent to the Contractor and their Subcontractors initiation of performance, the Contractor and its Subcontractors shall furnish the City with certificates of insurance as evidence that policies providing the required coverage and limits of insurance are in full force and effect. The certificates shall provide that any company issuing an insurance policy for the work under a contract shall provide not less than 30 days advance notice in writing to the City prior to cancellation, termination, or material change of any policy of insurance (except for notice of non-payment of premium for which not less than 10 days advance notice in writing shall be required). In addition, the Contractor shall immediately provide written notice to the City upon receipt of notice of cancellation of an insurance policy or a decision to terminate an insurance policy. All certificates of insurance shall clearly state that all applicable requirements have been satisfied, including certification that the policies are of the “occurrence” type. Certificates of insurance for a Contractor and Subcontractors-furnished insurance and notices of any cancellations, terminations, or alterations of such policies shall be mailed to the Procurement

Services at the address set forth for delivery of the Solicitation.

4.2.2. All such insurance certificates shall be in a form and underwritten by insurance companies acceptable to the City and licensed in the State of Florida.

4.2.3. Each Certificate of Insurance submitted to the City shall be an original and shall be executed by an authorized representative of the insurance company affording coverage.

4.2.4. Each Certificate of Insurance shall specifically include all of the following:

• The name and type of policy and coverages provided; and

• The amount or limit applicable to each coverage provided and the deductible amount, if any, applicable to each type of insurance coverage being provided; and

• The date of expiration of coverage; and

• The designation of the City, both as an additional insured to the GL & AL on a primary and non-contributory basis, and as a certificate holder. (This requirement is exempted for Professional Liability Insurance and for Workers' Compensation Insurance); and

• A specific reference to this Agreement and the Project to which it pertains. (This requirement may be exempted for Professional Liability Insurance); or In the event the

Contractor has, or expects to enter into an agreement for Services other than those provided for in this Agreement; the Contractor may elect to submit a Certificate of

Insurance containing the following statement:

"This policy covers the services or work provided or performed by the Named Insured for any and all projects undertaken for the City pursuant to one or more written Services

Agreement, or written Supplemental Agreements or Change Orders thereto, and the limit of liability shown shall not be intended or construed as applying to only one project."

Upon receipt and approval of such a Certificate of Insurance, a separate Certificate of

Insurance will not be required for each separate agreement.

• An identifying statement indicating the identification of any services or work that is included in, or required under, the scope of services set forth in Exhibit “A” that is specifically excluded or exempted from coverage under the provisions, terms, conditions or endorsements of the Contractor's insurance policies. A statement which indicates any and all deductible amounts applicable to each type of insurance coverage required. In the absence of any such statements of deductible amount, or coverage statement of exclusions or exemptions, the City will proceed with the understanding, stipulation, and condition that there are no deductible amounts, or exclusions or exemptions to the insurance coverage provided.

• Name of the Project and/or Project Number should be clearly indicated.

• Each Certificate of Insurance shall be issued by an insurance agent and/or agency duly authorized to do so by, and on behalf of, the insurance company affording the insurance coverage indicated on each Certificate of Insurance.

• If the initial or any subsequently issued Certificate of Insurance expires prior to completion of the work or termination of this Agreement, it is the Contractor's responsibility to furnish the City a renewal or replacement Certificate of Insurance, including all endorsements, not later than thirty (30) calendar days prior to the date of their expiration.