Drug_Testing_Services.pdf

RFP 26-035

Drug Testing Services

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

Drug Testing Services, RFP 26-035

TABLE OF CONTENTS

1. INTRODUCTION

2. PROJECT DETAILS / SCOPE OF WORK

3. INSTRUCTIONS

4. INSURANCE

5. SOLICITATION TERMS AND CONDITIONS

6. CONTRACT TERMS AND CONDITIONS

7. SELECTION COMMITTEE AND EVALUATION PROCESS

8. EVALUATION CRITERIA

9. DEFINITIONS

10. SUBMISSION QUESTIONNAIRE

11. Draft Contract 25

1. INTRODUCTION

1.1. Advertisement

RFP 26-035 Drug Testing Services

The City of Fort Myers is seeking submittals for RFP 26-035 Drug Testing Services. Submissions must be received electronically on or before Tuesday, June 16, 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 Ad: News-Press/OpenGov

Mary Hagemann, City Clerk RUN DATES: Thursday, May 14, 2026

1.2. Contact Information

Direct inquiries to the following:

Procurement Representative Name

Cathy Scott, Senior Procurement Specialist

2200 Second Street

Fort Myers, FL 33901

Email: cscott@fortmyers.gov

Phone: (239) 321-7235

Requesting Department:

Risk Management (Human Resources)

1.3. OpenGov Portal

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

1.4. Timeline

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

Solicitation Release Date: May 14, 2026

Question Submission Deadline: June 1, 2026, 2:00pm

Submission Deadline: June 16, 2026, 2:00pm

Selection Committee: July 7, 2026, 10:00am

Proposed City Council Approval Date: July 20, 2026

1.5. Pre-Submittal Meeting

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

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 five (5) consecutive years prior to the date of submission.

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

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

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

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

Contract and any contract renewals.

2.2. Scope of Services

Contractor, hereby agrees to provide and perform the Scope of Services required and necessary to complete the detailed scope of work

Program Administration

• Administer the City’s Drug-Free Workplace Program in compliance with Section 440.102, Florida Statutes.

• Ensure all testing procedures meet Florida statutory chain-of-custody requirements.

• Provide program guidance and consultation to ensure ongoing compliance with state and federal regulations.

• Assist the City in maintaining eligibility for workers’ compensation premium discounts.

• Provide policy review and recommendations as laws and regulations change.

Types of Testing Required

The Contractor shall provide testing services including, but not limited to:

1. Pre-Employment Testing o Conduct drug testing of all applicants receiving conditional offers of employment.

o Ensure proper notification and consent procedures consistent with Florida law.

o Provide the city access to drug testing online ordering system with nationwide vendor capabilities.

2. Random Testing o Administer random drug and alcohol testing for employees in safety-sensitive, DOT, and other designated positions per union contracts.

o Utilize a scientifically valid random selection methodology.

o Maintain documentation of selection and notification procedures.

3. Reasonable Suspicion Testing o Provide testing when the City determines reasonable suspicion exists based on documented observations consistent with Section 440.102.

o Ensure rapid response capability for time-sensitive situations.

4. Post-Accident Testing o Conduct testing following workplace accidents in accordance with Florida statutory definitions and City policy.

o Provide clear documentation protocols for compliance.

5. Routine Fitness-for-Duty Testing o Provide testing when required by the City’s established policy.

6. Return-to-Duty and Follow-Up Testing o Conduct return-to-duty and follow-up testing consistent with statutory requirements and, when applicable, DOT regulations.

7. Alcohol Testing o Provide breath alcohol testing using evidential breath testing devices (EBTs) administered by certified Breath Alcohol Technicians (BATs).

o Ensure compliance with 49 CFR Part 40 for DOT-covered employees.

Laboratory Services

• Utilize laboratories certified by the U.S. Department of Health and Human Services

(HHS) or otherwise approved under applicable law.

• Perform testing for the drug panels required under Florida’s Drug-Free Workplace Act, including:

o Amphetamines o Cannabinoids o Cocaine o Opiates o Phencyclidine (PCP) o Any additional substances required by law or City policy

• Provide confirmatory testing via gas chromatography/mass spectrometry (GC/MS) or equivalent scientifically accepted method.

• Ensure strict chain-of-custody procedures.

Medical Review Officer (MRO) Services

• Provide services of a licensed Medical Review Officer knowledgeable in substance abuse testing and Florida statutory requirements.

• Conduct confidential review of laboratory results.

• Provide employees an opportunity to present legitimate medical explanations for positive test results.

• Report verified results to the city in a timely and secure manner.

Collection Services

• Provide accessible collection sites within reasonable proximity to City facilities.

• Offer mobile/on-site collection services when requested.

• Ensure collectors are properly trained and certified.

• Maintain procedures to protect donor privacy and specimen integrity.

Reporting and Recordkeeping

• Provide secure, web-based reporting portal for authorized City personnel.

• Ensure confidentiality of employee records in accordance with Florida law.

• Maintain records in compliance with statutory retention requirements.

• Provide management reports, statistical summaries, and annual program reports as requested.

• Ensure rapid notification of positive, refused, or invalid test results.

Compliance and Legal Support

• Assist the City in maintaining compliance with:

o Section 440.102, Florida Statutes o Applicable Florida Administrative Code provisions o 49 CFR Part 40 (for DOT-covered employees) o Americans with Disabilities Act (ADA) o HIPAA and confidentiality requirements o Union contract language regarding drug testing

• Provide documentation and expert support in the event of legal or administrative challenges related to testing procedures.

Training Services

• Provide supervisor training or train-the-trainer training on:

o Reasonable suspicion recognition o Documentation requirements o Florida statutory compliance

• Provide employee education materials as required by Florida’s Drug-Free Workplace Act.

2.3. MINIMUM QUALIFICATIONS

Proposers must:

• Demonstrate experience providing drug testing services to Florida public sector entities.

• Be knowledgeable in Section 440.102, Florida Statutes.

• Utilize HHS-certified laboratories.

• Provide MRO services meeting federal standards.

• Demonstrate the ability to provide timely test scheduling and result reporting.

• Maintain appropriate insurance coverage.

2.4. EVALUATION CRITERIA

Proposals will be evaluated based on, but not limited to:

• Experience and qualifications

• Understanding of Florida statutory requirements

• Technical approach and methodology

• Accessibility of collection sites

• Reporting capabilities

• Cost proposal

• References and past performance

• Response time for onsite testing and availability of testing locations for preemployment and random drug testing

2.5. RESERVATION OF RIGHTS

The City reserves the right to reject any or all proposals, waive minor irregularities, request clarifications, and award a contract in the best interest of the City in accordance with applicable procurement regulations.

3. INSTRUCTIONS

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 opening date.

3.2. Introduction

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

The City 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.

3.3. 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

Visit the OpenGov E-Procurement Portal 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.

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

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 to facilitate the preparation and submission 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. Obtain solicitation documents exclusively from OpenGov. Documents sourced from other platforms or sources are not guaranteed to be accurate.

3.6.2. The 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 bid/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. The 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. 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. The Contractor will study and carefully align observations with the solicitation documents to ensure consistency.

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

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

3.6.8. The draft contract 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 contract should be submitted as a question in the Q&A module before the question deadline. If the question deadline has passed, exceptions should be clearly noted in the Submission

Questionnaire. Exceptions to the draft contract may impact the evaluation of the submittal.

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

mailto:procurementservices@fortmyers.gov

3.7. Cone of Silence

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

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

requesting documentation of or considering a Contractor’s social, political, or ideological interests when determining whether the Contractor is responsible; giving preference to a

Contractor based on their social, political, or ideological interests.

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

3.9. Submission Guidelines for RFP/RSQ's

3.9.1. 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.

3.9.2. 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.

3.9.3. Instructions for Uploading Submissions

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

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 Submission 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) 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.

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.

Contractor is responsible for uploading their submittals directly into the OpenGov Submission

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 OpenGov portal will not accept late submissions.

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 submission of their proposals, including costs associated with presentations or other activities related to the solicitation process.

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.

3.9.4. Submission 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 "Submission

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 Phase" section.

Required Documents

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

Vice-President (or other authorized officer with evidence of signing authority). The corporate seal must be affixed and attested by the Secretary or Assistant

Secretary. Include the corporate address and state of incorporation.

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

Electronic Pricing Form Instructions, if applicable. The City uses OpenGov to streamline the solicitation process. Submittals must be made electronically; paper responses will be deemed non-responsive. This will not apply to Request for Statement of

Qualifications.

Submission via OpenGov Log into your OpenGov account, navigate to the relevant solicitation, click “Draft Response,” complete the requested information, upload all required attachments, and submit.

Unit and Extended Prices Enter unit prices for each item (if applicable). In case of discrepancies between unit and extended prices, unit prices will prevail.

Award Basis The City generally awards bids based on a "lump sum" to the responsive and responsible Bidder submitting the lowest total bid. However, the

City reserves the right to award based on a "per group" or "per item" basis. Clearly indicate items bid and items not bid on the provided pricing forms.

Additional Charges Prices quoted must include all costs related to verification/coordination of the order, shipping, delivery, unpacking, setup, installation, operation, testing, cleanup, training, and travel. No additional charges will be accepted beyond those listed on the price sheets.

3.9.5. Instructions for Uploading Submissions

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

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

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

Official Time The time clock in OpenGov will serve as the “Official Time” for determining the actual closing time of the solicitation. The OpenGov portal will not accept late submissions.

3.9.6. 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.

3.9.7. Required Documents

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

3.9.8. Corporate Submittals

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

3.9.9. 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.

3.9.10. 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.

3.9.11. Binding Submissions

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

3.10. Questions and Addenda

3.10.1. Submission of Questions

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

3.10.2. Authority of Addenda and Revisions

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

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

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

3.10.3. Modification of Solicitation Documents

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

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.

3.11. Modification and Withdrawal of Submissions

3.11.1. 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.

3.11.2. Withdrawal Due to Material Mistake

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

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

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

3.12. Opening Submissions for Non-Construction

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

Constitution.

3.13. Reserved Rights

3.13.1. Request for Additional Information

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

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

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

Fort Myers Police Department.

3.13.2. 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 contractors.

3.13.3. Rejection of Submittals

The City reserves the right to:

• Reject any and all Submissions;

• Waive any and all informalities;

• Negotiate contract terms with the Successful Contractor;

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

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

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

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

3.14. Irrevocable Offer

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

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

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

3.15. Award of Contract for RFP/RSQ's

3.15.1. Formal Award

Contracts will be awarded in accordance with the City’s Procurement Code, Chapter 38, Article 3 of the City of Fort Myers Code of Ordinances. The contract will be awarded to the highest-ranked Contractor based on evaluation criteria and presentation results. The award is contingent upon successful contract negotiation and final approval by the City Council.

3.15.2. 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.

3.15.3. 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.

3.16. Form of Contract

The City’s intended format for the awarded Contract is incorporated into this solicitation.

Any exceptions to the terms of this standard Contract must be brought up as a question in

OpenGov and resolved prior to the solicitation closing so everyone responds to the same terms and conditions.

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.

3.17. Execution of Contract from a Formal Award

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

and Updated insurance certificates as specified in the Solicitation.

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

668.50)

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

3.18. Debriefing of Proposers

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

• Key requirements of the solicitation.

• The overall ranking of all proposals.

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

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

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

• Responses to any relevant questions of the Proposer.

Untimely debriefing requests will also be considered.

3.19. 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.

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

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/Subconsultants, 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/Subconsultants. Unless expressly specified otherwise in this solicitation, a

Contractor and its Subcontractor/Subconsultants 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 Subcontractor/Subconsultants 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 Subcontractor/Subconsultants are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Contractor and its

Subcontractor/Subconsultants 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 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 Subcontractor/Subconsultants. 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 Subcontractor/Subconsultants 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 Subcontractor/Subconsultants.

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 Subcontractor/Subconsultants initiation of performance, the Contractor and its Subcontractor/Subconsultants 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 Subcontractor/Subconsultants-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 Professional 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 Professional

Services AGREEMENTS, 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 Professional 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. Failure of the Contractor to provide the City with such renewal certificates shall be considered justification for the City to terminate this Agreement.

4.2.5. It is vitally important that all insurance coverages required under this Agreement be in effect throughout the entire period of this Agreement. If any of the insurance coverages required by this Agreement should reach the date of expiration indicated on the Certificate of

Insurance on record with the City, without the City having received satisfactory evidence in the form of a Certified Binder or a Certificate of Insurance, that the required insurance coverage has either been renewed or replaced, then the Contractor, unless notified in writing by the City to continue, shall therefore automatically and without further notice from the City, stop performing all previously authorized services and work until such date as the City shall receive and approve satisfactory documentation that the expired insurance coverage has been renewed or replaced. During any time period that the Contractor shall fail to comply with the insurance requirements set forth in the Agreement, the City shall not be required to make, nor shall it make payment on any invoices submitted by the Contractor. Payment for any such invoices shall be made promptly by the City after the City receives and approves the renewal or replacement Certificates of Insurance. During any time period that the Contractor's services or work is suspended, as provided above, for failure to comply with the insurance requirements set forth in the Agreement, the Contractor shall not be entitled, as a result of such suspension, to any additional compensation or time to provide and perform the required services or work.

4.3. Comprehensive Automobile Liability

This insurance shall be written in comprehensive form and shall protect the Contractor and the additional insureds against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicle and shall cover operation on or off the site of all motor vehicles licensed for highway use, whether they are owned, non-owned, or hired. The liability limits shall not be less than:

4.3.1. Minimum limits of $1,000,000 combined single limit liability.

4.3.2. Coverage shall include owned vehicles, hired, leased, non-owned vehicles, employee non-ownership.

4.3.3. Employer's Liability with a minimum limit per accident in accordance with statutory requirements, or a minimum limit of $1,000,000 for each accident which limit is greater.

4.3.4. Notice of Cancellation and/or Restriction - The policy must be endorsed to provide the

City with thirty (30) days prior written notice of cancellation and/or restriction.

4.4. Commercial General Liability

This insurance shall be an “occurrence” type policy written in comprehensive form and shall protect the Contractor and the additional insureds against all claims arising from bodily injury, sickness, disease, or death of any person or damage to property of the City or others arising out of any act or omission of the Contractor or its agents, employees, or subcontractors. This policy shall also include protection against claims insured by usual bodily injury liability coverage, a “contractual liability” endorsement to insure the contractual liability assumed by the

Contractor under its contract with the City, and “Completed Operations and Products Liability” coverage (to remain in force for 2 years after final payment and subsequent to project completion). If the Contractor’s work, or work under its direction, requires blasting, explosive conditions, or underground operations, the comprehensive general liability coverage shall contain no exclusion relative to blasting, explosion, collapse of structures, or damage to underground property. The liability limits shall not be less than:

4.4.1. Minimum limits of $1,000,000 per occurrence combined single limit; $1,000,000 aggregate. This shall include premises and/or Operations, Independent Contractors, and

Subcontractors and/or Completed Operations, Broad Form Property Damage, and a Contractual

Liability Endorsement.

4.4.2. Contractual coverage applicable to this specific Agreement including any hold harmless and/or such indemnification agreement excluding professional acts.

4.4.3. Employer's Liability with a minimum limit per accident in accordance with statutory requirements, or a minimum limit of $1,000,000 for each accident which limit is greater.

4.4.4. Notice of Cancellation and/or Restriction - The policy must be endorsed to provide the

City with thirty (30) days prior written notice of cancellation and/or restriction.

4.5. Workers Compensation and Employer’s Liability

This insurance shall protect the Contractor against all claims under applicable state worker’s compensation laws. The Contractor shall also be protected against claims for injury, disease, or death of employees that, for any reason, may not fall within the provisions of a worker’s compensation law. This policy shall include an “all states” or “other states” endorsement.

Exemption certificates shall be accepted if valid during the term of the contract, but only for those eligible corporate officers pursuant to Chapter 440 of the Florida Statutes. Proof of workers’ compensation coverage must still be provided for all employees, subcontractors not eligible for exemption. The liability limits shall not be less than:

4.5.1. Employer's Liability with a minimum limit per accident in accordance with statutory requirements, or a minimum limit of $1,000,000 for each accident which limit is greater.

4.5.2. Notice of Cancellation and/or Restriction - The policy must be endorsed to provide the

City with thirty (30) days prior written notice of cancellation and/or restriction.

4.6. Professional Liability

The Supplier shall also purchase, maintain, and keep in full force, effect, and good standing, a professional liability/errors and omissions insurance policy having minimum limits of $1,000,000, with a maximum deductible of $100,000 per claim and in the annual aggregate, or the Supplier shall provide the City with policy coverage wherein the insurer agrees to pay claims (up to the limits of coverage), and will thereafter recover the deductible from the insured Supplier. The errors and omissions policy shall be in effect and shall insure the Supplier(s) performance on City projects.

4.6.1. A minimum limit of $1,000,000 per claim and in the aggregate.

4.6.2. Should the Professional Liability…