Exterior_Painting_of_both_the_Central_and_South_Wastewater_Facilities.pdf

ITB 26-045

Exterior Painting of both the Central and South Wastewater Facilities

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

Exterior Painting of both the Central and South Wastewater Facilities, ITB 26-045

TABLE OF CONTENTS

1. INTRODUCTION

2. SCOPE OF WORK (SPECIFICATIONS)

3. INSTRUCTIONS

4. INSURANCE

5. GENERAL TERMS & CONDITIONS

6. DEFINITIONS

7. SUBMISSION QUESTIONNAIRE

8. BID SCHEDULE / SCHEDULE OF VALUES

1. INTRODUCTION

1.1. Advertisement

ITB 26-045 Exterior Painting of both the Central and South Wastewater Facilities

The City of Fort Myers is seeking submittals for ITB 26-045 Exterior Painting of both the Central and South Wastewater Facilities. Submissions must be received electronically on or before

Tuesday, June 9, 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:

Public Utilities

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 submission failures caused by the Consultant’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: May 14, 2026

Pre-Proposal Meeting (Mandatory): May 20, 2026, 1:00pm

First Location: Central Wastewater

Treatment Plant, 1501 Raleigh St., Fort

Myers FL and

Second Location: South Wastewater

Treatment Plant, 1618 Matthew Drive, Fort

Myers, FL

Question Submission Deadline: June 5, 2026, 2:00pm

Response Submission Deadline: June 9, 2026, 2:00pm

Proposed City Council Approval: June 22, 2026, 4:30pm

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. 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 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. 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 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.

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 of Work

Exterior Painting Services

Summary

The City of Fort Myers, FL is seeking qualified contractors to provide exterior painting services for various municipal buildings and structures. The selected contractor will be responsible for all aspects of the painting project, including surface preparation, priming, painting, and clean-up.

The goal is to enhance the aesthetic appeal and protect the exterior surfaces of the buildings from environmental elements.

Detailed Specifications

The contractor shall adhere to the following specifications and standards for the exterior painting services:

1. Surface Preparation:

o All surfaces to be painted must be thoroughly cleaned to remove dirt, mildew, loose paint, and other contaminants. Pressure washing is required where applicable.

o All loose or peeling paint must be scraped and sanded to a smooth, sound surface.

o Cracks, holes, and other imperfections must be filled with appropriate fillers and sanded smooth.

o Glossy surfaces must be sanded to ensure proper adhesion of new paint.

2. Priming:

o All bare wood, metal, and other porous surfaces must be primed with a high-quality primer suitable for the substrate.

o Primers must be compatible with the finish coat and meet or exceed industry standards such as ASTM D5590 for mildew resistance and ASTM D3359 for adhesion.

3. Painting:

o All paint materials must be of high quality, exterior-grade, and suitable for the specific surfaces being painted. Paints must meet or exceed industry standards such as ASTM D2805 for hiding power and ASTM D2370 for elongation.

o Paint must be applied in accordance with the manufacturer's recommendations, including the number of coats, drying times, and environmental conditions.

o All edges, corners, and intricate details must be carefully painted to ensure complete coverage and a uniform finish.

o Colors will be specified by the City of Fort Myers and must be matched exactly.

4. Clean-Up:

o All work areas must be kept clean and free of debris at all times.

o Upon completion of the painting project, the contractor must remove all equipment, materials, and waste from the site.

o All paint spills, drips, and splatters must be cleaned from surfaces not intended to be painted.

Service Requirements

The contractor must meet the following service requirements:

1. Licensing and Insurance:

o The contractor must hold all necessary licenses and permits required to perform exterior painting services in the City of Fort Myers, FL.

o The contractor must carry comprehensive general liability insurance, workers' compensation insurance, and any other insurance required by local, state, or federal regulations.

2. Experience and References:

o The contractor must have a minimum of five (5) years of experience in exterior painting services.

o The contractor must provide at least three (3) references from previous clients for similar projects completed within the last three (3) years.

3. Project Management:

o The contractor must designate a project manager who will be the primary point of contact for the City of Fort Myers throughout the duration of the project.

o The project manager must be available for regular progress meetings and site inspections as requested by the City.

4. Safety:

o The contractor must adhere to all applicable safety regulations and standards, including OSHA requirements.

o All workers must be provided with and use appropriate personal protective equipment (PPE) at all times.

Delivery Requirements

The contractor must comply with the following delivery requirements:

1. Project Timeline:

o The contractor must submit a detailed project timeline, including start and completion dates, for approval by the City of Fort Myers.

o All work must be completed within the agreed-upon timeline, barring any unforeseen circumstances or delays beyond the contractor's control.

2. Work Hours:

o All work must be performed during the City’s standard working hours, defined as

7:00 a.m. to 4:00 p.m., unless otherwise approved by the City of Fort Myers.

o Any work outside of standard hours must be pre-approved and coordinated with the

City to minimize disruption to municipal operations and the public.

3. Inspections and Approvals:

o The contractor must coordinate with the City of Fort Myers for periodic inspections and approvals at key stages of the project.

o Final inspection and approval by the City are required before the project is considered complete and final payment is issued.

By submitting a proposal, the contractor acknowledges that they have read and understood the scope of work and agree to comply with all specifications, service requirements, and delivery requirements outlined in this document.

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 solicitation 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 City of Fort Myers Procurement Portal in 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.

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:

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

• 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.

• 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.

• 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.

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

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

• 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.

• 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.

mailto:procurementservices@fortmyers.gov

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

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

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. Submission Requirements and Instructions

The Contractor is responsible for uploading their submittals directly into the OpenGov portal. The representative authorized to bind the Contractor to the submittal must sign the qualification statement. A submittal is considered timely only if received through the

OpenGov portal by the precise date and time stated in the solicitation timeline. The

OpenGov portal time clock serves as the official time for determining timeliness.

Submittals will not be accepted after the deadline.

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) 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.

The 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.

3.9.3. Instructions for Uploading Submissions

3.9.3.1. Submission Process

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

3.9.3.2. Responsibility for Timely Submission

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

3.9.3.3 Official Time

The time clock in OpenGov will serve as the “Official Time” for determining the actual closing time of the solicitation. The portal automatically rejects submittals after the specified date/time.

3.9.4. 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.

3.9.5. Required Documents

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

3.9.6. Corporate Submittals

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

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

3.9.7. 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.

3.9.8. 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.

3.9.9. Binding Submissions

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

3.9.10. Late Submissions

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

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.

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. 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 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 a) Information necessary to evaluate, clarify, or substantiate any aspect of the submittal b) Evidence of financial resources and the ability to provide and maintain the required system and/or services. c)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 a make awards based on individual items, groups of items, all-or-none, or a combination thereof, potentially involving one or more suppliers.

3.13.3. Rejection of Submittals

The City reserves the right to: a) reject any and all Submissions; b) waive any and all informalities; c) negotiate contract terms with the Successful Contractor; d) disregard nonconforming, non-responsive, unbalanced, or conditional submittals; e) reject any submittal if it is determined that awarding to the Contractor is not in the City’s best interest, including cases where 1) The Solicitation is not responsive; 2) The Contractor is unqualified or has questionable financial ability; 3) 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 and time. 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.

3.15. Evaluation and Award Process

3.15.1. Initial Review of Submissions

Procurement Services will conduct an initial review of all submittals to ensure preliminary qualification and compliance with documentation requirements. This review may include but is not limited to: a) Verification of answers to required questions; b) Confirmation of professional licensing; c) Review of bonding documents, if required; and d) Assessment of other relevant criteria.

3.15.2. Departmental Analysis

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

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

3.15.3. Optional Discussions

At the City’s discretion and in its best interest, the City may engage in discussions with the Contractor to clarify their submissions.

3.15.4. Recommendation and Notice of Intent to Award

Procurement will email recommendation to the The Department Representative, upon agreement by the department Procurement will issue a Notice of Intent to Award. A

Notice of Intent to Award does not constitute a contract. Final approval rest with the City

Council.

3.15.5. Evaluation of Contractor's Capabilities

The City reserves the right to evaluate the following aspects of each Contractor prior to making an award: a) Financial Capability; b) Reputation and Integrity; c) Skill and

Business experience; d) Quality of Performance on similar projects.

3.15.6. Additional Research

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

Proposed Subcontractor; c) Other relevant persons or organizations. This evaluation will ensure all parties are able to perform the work outlined in the Contract Documents to the

City’s satisfaction within the prescribed timeline.

3.16. Award of Contract

3.16.1. Purchase Order

The Purchase Order (PO) will be issued by the City to the selected Contractor after the contract is fully executed.

3.16.2. Formal Award

General Provisions.

Contracts will be awarded in accordance with the City’s Procurement Code, Section

38-61 of the City of Fort Myers Code of Ordinances. 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.

Invitations to Bid

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

3.17. Form of Contract

The City’s intended format for the awarded Contract is attached to 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.

3.18. Execution of Contract

The successful Contractor shall, within fifteen (15) calendar days after the issuance of a Notice of Award and receipt of the Contract from 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.

3.19. Debriefing of Respondents

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 or virtual conference. The debriefing shall include the following minimum information: a) Key requirements of the solicitation; b) the overall ranking of all proposals; c) the significant weaknesses or deficiencies in the proposal in response to the requirements of the solicitation; d) If requested, an explanation of the score received for each evaluation criteria will be provided, including costs, if applicable; e) If applicable, a summary of the rationale for award; f) responses to any relevant questions of the Respondent.

3.20. 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.

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, to include both premises/ongoing operations and products/completed operations hazards, 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. 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. 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. Environmental/Pollution Liability Insurance

Such insurance shall cover the City for liability resulting from pollution or other environmental impairment arising out of, or in connection with, work performed under this Agreement, or which arises out of, or in connection with this Agreement, including coverage for clean-up of pollution conditions and third-party bodily injury and property damage claims arising from pollution conditions. Such insurance shall also include transportation coverage and non-owned disposal site coverage. Coverage must either be on an occurrence basis; or, if on a claims-made basis, the coverage must respond to all claims reported within three years following the period for which coverage is required, and which would have been covered had the coverage been on an occurrence basis. Coverage shall not exclude the assessment, removal, remediation, transport and/or handling of hazardous materials, including but not limited to mold, asbestos, and lead. Said pollution liability policy shall list the City as "Additional Insured" the City and the City's Council members, officials, officers, agents and employees; the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby (including as applicable those arising from both ongoing and completed operations) on a non-contributory basis. Contractor shall obtain all necessary endorsements to support these requirements. The minimum limits (inclusive of any amounts provided by an umbrella or excess policy) shall be Minimum limits of $1,000,000 per occurrence and in the aggregate.

5. GENERAL TERMS & CONDITIONS

5.1. Eligible Users / Piggyback Option

All departments of the City are eligible to use this contract. At the option of the awarded

Contractor, any submission in response to this Solicitation constitutes a Proposal made under the same terms and conditions, for the same Contract price, to other governmental agencies.

Each governmental agency desiring to accept these submissions, and make an award thereof, shall do so independently of any other governmental agency. Each agency shall be responsible for its own purchases and each shall be liable only for materials and/or services ordered and received by it, and no agency assumes any liability by virtue of this Proposal.

5.2. EQUAL OPPORTUNITY CLAUSE (F.S. 287.134)

The Contractor shall adhere to Florida Statute 287.134 Discrimination; denial or revocation of the right to transact business with public entities.

5.3. Equivalent or Substitute Items

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

Contractors. Contractors shall not rely upon approvals made in any other manner.

5.4. Independent Proposal Affirmation

By submitting a Response, a Contractor warrants that no one was paid a fee, commission, gift, or other consideration contingent upon receipt of an award for the…