Fencing_Repair_&_Replacement_-_Secondary_Contractors_(Disaster_Contract).pdf

ITB 26-043

Fencing Repair & Replacement - Secondary Contractors (Disaster Contract)

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

Fencing Repair & Replacement - Secondary Contractors (Disaster Contract), ITB 26-043

TABLE OF CONTENTS

1. INTRODUCTION

2. SCOPE OF WORK (SPECIFICATIONS)

3. INSTRUCTIONS

4. INSURANCE

5. SPECIAL CONDITIONS

6. GENERAL TERMS & CONDITIONS

7. DEFINITIONS

8. SUBMISSION QUESTIONNAIRE

9. BID SCHEDULE / SCHEDULE OF VALUES

1. INTRODUCTION

1.1. Advertisement

ITB 26-043 Fencing Repair & Replacement - Secondary Contractors (Disaster Contract)

The City of Fort Myers is seeking submittals for ITB 26-043 Fencing Repair & Replacement -

Secondary Contractors (Disaster Contract). Submissions must be received electronically on or before Monday, June 15, 2026 at 2:00 pm (Eastern Time). 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: Friday, May 15, 2026

1.2. Contact Information

Direct inquiries to the following:

Procurement Representative Name

Kirk Zimmerman, Senior Procurement Specialist

2200 Second Street

Fort Myers, FL 33901

Email: kzimmerman@fortmyers.gov

Phone: (239) 321-7241

Requesting Department:

Procurement

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 shall 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 15, 2026

Question Submission Deadline: June 5, 2026, 4:00pm

Response Submission Deadline: June 15, 2026, 2:00pm

Fort Myers City Hall-Procurement

Conference Room

2200 Second Street, Fort Myers, FL 33901 or Virtually

Join:

https://teams.microsoft.com/meet/2134340

83462513?p=tdX8ybCvo4W8PafvQ1

Meeting ID: 213 434 083 462 513

Passcode: AT6ww7LE

Dial in by phone

+1 239-205-3327,,936805599# United

States, Cape Coral

Find a local number

Phone conference ID: 936 805 599#

Proposed City Council Approval: July 20, 2026, 4:30pm

1.5. Pre-Proposal 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 shall be present to discuss the solicitation. The date, time, and location as stated in the 'timeline'.

https://teams.microsoft.com/meet/213434083462513?p=tdX8ybCvo4W8PafvQ1 https://teams.microsoft.com/meet/213434083462513?p=tdX8ybCvo4W8PafvQ1

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

2.2. Scope of Work

Secondary Contractors shall be utilized at the City’s discretion when the primary Contractor is unavailable, non-responsive, or unable to meet required timelines. Work assignments may be issued based on availability, response time, geographic proximity, and past performance, as determined by the City. No guarantee of work is made to any Contractor.

2.2.1. General Requirements:

2.2.1.1. A City Project Manager shall be assigned who shall oversee all assigned work for adherence to projected schedules, as well as quality of work from the start date through project completion. All work is subject to inspection throughout the life of the project and prior to submittal of final payment.

2.2.1.2. All services shall be approved by a Project Manager, no exceptions. Any and all changes or alterations shall require written approval by the same.

2.2.1.3. Provide a firm cost estimate for requested work, prior to issuance of a purchase order for the work.

2.2.1.4. Billed labor charges shall be based on an hourly rate and shall include compensation for labor, tool/equipment use, and any other incurred costs or fees to the supplier. The rate is straight time for all labor except as approved by the Project

Manager.

2.2.1.5. Work completion: Work shall not be considered complete until a copy of the work authorization is signed by the City's Project Manager.

2.2.1.6. Contractor shall supervise and direct all work, using their best skill and attention.

Contractor shall be solely responsible for all means, methods, techniques, sequences, and procedures and for coordinating all portions of the work under this contract and assume liability for each project assigned.

2.2.1.7. Contractor shall have a sufficient number of personnel, materials, transportation, and an adequate inventory of tools and equipment to perform work. Contractor shall be held responsible for all on-site supervision, scheduling, receiving, storage, and placement of all materials.

2.2.1.8. Contractor shall provide a responsible, knowledgeable, English speaking work site

Supervisor/Representative, at all times, who has decision-making authority.

2.2.1.9. Contractor shall be responsible to the City for the acts and omissions of their employees, Subcontractors and their agents and employees, and other persons performing any of the work under this contract with the Contractor.

2.2.2. Specific Requirements:

2.2.2.1. All materials, products utilized, and work performed in the installation, maintenance, extension and alteration of any and all work within or adjacent to any structure must conform to all applicable codes and shall fully conform to the current

Florida Building Code, in addition to any applicable local, state, and Federal regulations and codes and any City requirements. Contractor must abide by all State of Florida

Statutes or approved City specifications and/or drawings.

2.2.2.2. Contractor shall assist City in identifying the best repair considerations for each project. The Contractor shall determine the quantities of material required for each project.

2.2.3. Service Requirements.

2.2.3.1. City required delivery and performance times, for materials and services to be provided under this contract, are described herein. Contractor shall contact the City

Project Manager within twenty-four (24) hours of receipt of a work order or phone call and provide a written estimate within five (5) business days. Failure to meet these timelines may result in reassignment of the work. Repeated failure to respond to a purchase/work order within the prescribed times shall constitute default and shall be grounds for termination of any contract based on this bid. The City reserves the right to contact an alternate for service.

2.2.3.2. Contractor must be fully insured. Insurance requirements are outlined in this solicitation.

2.2.3.3. Post disaster, as needed, the Contractor shall repair/replace fencing materials that have been broken during a natural disaster event. Contractor shall measure, order, pick-up, deliver, and install said materials.

2.2.4. Requirements for Inventory Parts.

2.2.4.1. Contractor is to have the ability to research parts and supplies for specialty equipment or special circumstances from both OEM and aftermarket sources.

2.2.4.2. Contractor is required to keep abreast of new merchandise of interest to City as well as any items identified as discontinued.

2.2.4.3. Part Numbers: Contractor shall assist City in determining industry nomenclature or description, units of measure, and manufacturer’s part numbers on items purchased for inventory.

2.2.4.4. Possess sufficient inventory parts to meet the refurbishing needs of the City.

2.2.4.5. Provide efficient and rapid customer response at all times via phone or email 12 hours per day, 5 days per week.

2.2.4.6. Notify City Project Manager within 4 hours of receipt of a Purchase Order if unable to fill the order or meet the bid delivery requirements as noted herein.

2.2.4.7. City reserves the right to add any item(s) to this bid as permanent items at a set price if City has a need to stock the items at the various warehouses.

2.2.4.8. City may quote items on this bid when purchasing large quantities, as defined by the City.

2.2.5. Deliverables

2.2.5.1. Delivery is called for between the hours of 8:00 a.m. and 3:00 p.m. Monday through Friday, excluding holidays, unless otherwise specified. Contractor(s) shall deliver the service, upon written notice of Bid acceptance, within 5 Business Days from receipt of purchase order/work order, unless pre-approved by the Project Manager.

2.2.5.2. Unit pricing shall be inclusive of inside delivery.

2.2.5.3. Products/equipment offered herein are based upon being delivered and operational.

2.2.5.4. Special instructions as specified on the purchase order/work order.

2.2.6. Product Substitutions

Substitutions of the product shall only be considered when the manufacturer has discontinued the product or is frequently on backorder due to manufacturing shortages.

The Contractor must provide an approved substitute, priced to not exceed the originally awarded price or same discount rate. The City Project Manager must issue written acceptance before the Contractor may ship the substitute item.

2.2.7. Discontinuance of Goods

During the term of the Agreement, as items are discontinued, and a replacement is offered, the Contractor must notify Procurement Services at (239) 321-7232 with the replacement specifications and price. If Procurement Services and the end-user department approve the proposed substitute, City shall purchase the model for the remainder of the Agreement term, as needed.

2.2.8. Defective Goods

The Contractor shall agree to accept, for full credit and return shipping charges, the return of any defective item received (whether defective in workmanship, inferior quality, or in defective packaging) which is unusable for its intended purpose.

2.2.9. Work Orders

2.2.9.1. The Contractor shall agree that:

• all services shall be approved by the City Project Manager; and

• all work modifications require written approval by the City Project Manager or City

Council; and

• No work shall proceed until authorized by the City Project Manager and the

Contractor has received a purchase order (PO) from City’s Procurement Services;

and

• an estimator shall meet with the City Project Manager to evaluate conditions and provide a no-cost estimate for services based upon the bid schedule rates; and

• at times, meet the City Project Manager at the worksite, at no cost, to verify information, requirements, make recommendations, or verify specifications; and

• all services shall be provided utilizing the best repair considerations for each project. The Contractor shall be responsible for the determination of the appropriate means, methods, and materials quantities for each project; and

Billed labor charges shall be based on an hourly rate and shall include compensation for labor, tool/equipment use, travel, and any other incurred costs or fees to the Contractor.

The rate is straight time for all labor except as otherwise noted herein.

No overtime shall be permitted without written permission from the City Project Manager.

Labor hours are paid in quarter (1/4) hour increments and limited to the hours on the site.

2.2.9.2. Service Hours. This is a disaster contract and as such Contractor shall have an on-call phone number 24/7 for emergency calls. Contractor is considered on stand-by prior to a hurricane or other natural disaster and immediately following an event.

2.2.9.3. Travel Time/Call Out Fees. City shall not pay for call-out fees or travel time to and from the worksite or any travel made during lunch breaks.

2.2.9.4. Emergency Service. Contractor may be required to perform emergency service at times other than normal working hours. Contractor shall respond within twenty-four (24) hours to all requests for emergency service, meet the City Project Manager at the job site, proceed with work without delay and be responsive to the emergency.

In emergency or disaster situations, the City may authorize work verbally or via email prior to issuance of a formal Purchase Order. Such authorization shall be documented and followed by a formal Purchase Order as soon as practicable. Payment shall be contingent upon documented authorization.

2.2.9.5. Work Delays. The Contractor must complete the project within the established timeframes. City may grant an extension to the service timelines for delays that are not caused by the Contractor. If services cannot be timely completed, due to a school function, the Contractor shall reschedule a time with the City Project Manager and school officials. Any service scheduled delay must be reported to the City Project Manager within

24-hours.

2.2.9.6. Rental Equipment. City shall not authorize payment of invoices for rental equipment, owned equipment or "tools of trade." City shall not pay additional fees or charges for use of Contractors owned equipment. This is a “turnkey service”, UOM pricing shall incorporate all labor, equipment (owned or rented), materials and incidentals in price bid.

City may use the next responsive, responsible awarded Proposer should that Contractor already possess the required specialized equipment.

2.2.9.7. Quote Fees. City shall not pay for quotes, estimates, or estimator fees.

2.2.9.8. Minor Consumables. The submitted rates shall be inclusive of minor consumables. City shall not provide separate payments for these items. Minor consumables or items listed under the hourly rate are NOT eligible for reimbursement.

The cost for these items shall be inclusive of the submitted hourly rates. Any discounts offered with the bid shall remain firm for the entire contract and any renewal options.

2.2.9.9. Damages. Any property damaged by the Contractor or a representative during the Agreement shall be repaired or replaced to the satisfaction of the City Project

Manager and at no cost to City.

While performing services for City, the Contractor shall be responsible for any damages caused by the Contractor’s employees to City or adjacent property. The Contractor must not drive heavy equipment onto sidewalks, patios, decorative stones, athletic tracks or fields, etc. If concerns are raised about excessively wet conditions on grassy areas, the

Contractor must contact the City Project Manager for recommendations or workarounds before commencing the work. The Contractor must show reasonable attempts to avoid damage to City property under all conditions. Any damages, including damage to finished surfaces and spilled paint, resulting from the performance of the Agreement shall be repaired and/or cleaned to City Project Manager’s satisfaction at the Contractor’s expense. City shall incur no costs for Contractor-caused repairs or remediation services.

The Contractor understands that all services described in this solicitation shall be coordinated with the City Project Manager and performed with minimal disruption to the functions of City operations. The Contractor must ensure that the performance of services shall not interfere with normal course of business.

Adequate barricades shall be erected and maintained all around areas where equipment and materials are stored and used.

2.2.9.10. Protection of Worksite/Worksite Integrity. The Contractor must protect all existing and newly installed work, materials, equipment, improvements, utilities, structures, and vegetation during the provision of goods and services under the

Agreement. Adequate barricades shall be erected and maintained around areas where equipment and materials are stored and used. Any Contractor-damaged property must be repaired or replaced to City’s satisfaction. The Contractor must:

• report to the City Project Manager any damage found before any work at job sites; and

• be responsible for any loss or damage to its materials, supplies, equipment, and to the property of its employees while they are maintained on the worksites; and

• agree that work is not complete until incurred damages if any, have been repaired and the work site is clean and restored to the satisfaction of the City Project Manager.

2.2.9.11. Disposal of Debris. The Contractor shall be solely responsible for the disposal, and associated fees, of all construction debris at an authorized landfill. Materials cleared from the worksite and disposed of in a City dumpster or on an adjacent or nearby property shall be a violation of the terms of this Agreement. City may charge a fee to the

Contractor if found to have utilized its dumpster. The Contractor shall maintain the premises free of debris and unusable materials resulting from their services. As work progresses, or upon request by the City Project Manager, the Contractor shall remove debris and materials from the property to avoid any unsafe conditions.

2.2.9.12. Oversight/Quality Of Services. If the requirements herein are not satisfactorily maintained, City shall require the Contractor to correct any discrepancies, inconsistencies, or faults immediately at no additional cost.

A second discrepancy notice shall serve, as notification that any future discrepancies, inconsistencies, or items not meeting specifications contained herein shall result in termination of the Contractor’s right to proceed with the Agreement. The Contractor and its sureties may be liable to City for any additional costs incurred by City to complete the

Agreement. Henceforth, the Contractor shall be in default and the Agreement subject to termination and further sanctions.

Re-inspections or post-in's are to be completed within three (3) business days of contact by the Public Works Department. If repairs have not corrected deficiencies as instructed by the inspection report, the Contractor shall have 24 hours to return to the facility to repair or correct any such deficiencies as per the inspection report.

Repairs that were initially not done properly and must be readdressed shall be done so at

NO CHARGE to City or the facility. However, if the re-inspection or post-inspection uncovers or determines additional work must be completed to bring the facility up to code, the repair Contractor shall be paid accordingly based on time and materials as reported to the Public Works Department and supported by the hourly verification report and proper documentation for the materials used.

2.2.9.13. Photos. The Contractor, before the beginning of any work, must generate, maintain, and email a date-stamped picture(s) to the Project Manager showing the found condition of structure (facility, building, grounds, utilities, parking lot, athletic fields, playgrounds, grass/sod areas, sidewalks, etc.) noting any concerns, preexisting conditions, or damages to work areas (including adjacent property that may be affected by the work) as noted on the Purchase/Work Order. All date-stamped photos must be detailed enough as to provide proof of the integrity of the structure (facility, building, grounds, floors, carpet, gym floor, etc.), before, during, and after completion showing the stages of the work/repairs indicating any pre-existing or post-completion damage on or within the facility.

Damages include, but are not limited to, the exterior of any adjacent buildings, sidewalks, concrete or other, walkways, concrete or other, concrete foundations, parking lots or paved areas, lawns, fields, or playground areas.

All photos must be date-stamped and submitted to the City Project Manager at the time of invoicing, along with sign-in/out sheets and invoice backup for all provided goods and services.

2.2.10. Conformance to Applicable Codes

All provided goods and services must conform to all applicable codes and the current

Florida Building Code, in addition to any applicable local, state, and federal regulations and codes and any additional City requirements.

Florida Building Codes – Permit Requirements. Per §553.79, F.S, (https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&url=0500-

0599/0553/Sections/0553.79.html ) it shall be unlawful for any person, firm, corporation, or governmental entity to construct, erect, alter, modify, repair, or demolish any building within this state without first obtaining a permit therefor from the appropriate enforcing agency or from such persons as may, by appropriate resolution or regulation of the https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&url=0500-0599/0553/Sections/0553.79.html https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&url=0500-0599/0553/Sections/0553.79.html authorized state or local enforcing agency. §489.105, F.S., Definitions describes what is required and what is exempt from permits https://www.flsenate.gov/laws/statutes/2012/489.105 .

Warranty. The Contractor warrants that the goods and services supplied hereunder shall be of good workmanship and proper materials, free from defects and by specifications. If the Contractor knows of the City’s intended use, the Contractor shall warrant that the goods and services are suitable for that intended use.

The Contractor shall warrant and guarantee all goods and services for no less than one

(1) year from the date of acceptance and shall repair or replace all defects in material or workmanship during the warranty period. The Contractor shall bear all labor, product replacement, and transportation costs for warranted goods and services. Labor shall be warranted for no less than 1-year from the completion date and all rework shall be at no cost to City. A “No Charge” invoice shall be submitted on all warranty repairs detailing the replaced goods including dimensions and quantity. The Contractor must respond to all warranty requests within 24-hours of notification. Repeated failure to meet established inspection and repair timeframes shall be considered unsatisfactory under the terms of this agreement. Excessive instances of unsatisfactory service shall be cause for default.

Warranty repairs must be accomplished within the service response requirements identified in this section.

2.2.11. Price Sheets

Bid Schedule must complete this section in its entirety.

https://www.flsenate.gov/laws/statutes/2012/489.105

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 shall 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, subject to applicable protest procedures under City Code.

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 Services Website and follow the link to Active

Solicitations to access solicitation information. It is the responsibility of the Contractor to ensure https://fortmyers.gov/DocumentCenter/View/14396/City-of-Fort-Myers-Procurement-Policy-PDF https://www.fortmyers.gov/1515/Procurement-Ordinances https://www.cityftmyers.com/1171/Procurement-Services correct registration information is provided. The City shall not be held liable for any issues arising from incorrect or incomplete contact information.

All submittals must be prepared using the solicitation documents provided in this solicitation.

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

Solicitation documents, including all attachments, specifications, and exhibits are provided solely to facilitate the preparation and submission of responses.

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

es arising from incorrect or incomplete contact information.

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 shall examine all solicitation documents to fully understand the requirements. If additional clarification is needed, submit questions through the

OpenGov Q&A module.

• Contractor who intend to submit a bid/proposal are encouraged to "follow" the project. By doing so, you shall be notified by email of communications relating to the project.

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

• The Contractor shall 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 mailto:procurementservices@fortmyers.gov noted in the Submission Questionnaire. Exceptions to the draft contract may impact the evaluation of the submittal.

• 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 shall 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 shall 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 shall 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 shall serve as the “Official Time” for determining the actual closing time of the solicitation. Submissions received after the specified date and time shall not be accepted.

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

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

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. 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.

3.9.9. 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 shall not be returned.

3.9.10. Binding Submissions

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

3.9.11. Late Submissions

Late submissions shall 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 shall 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 shall 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, shall 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 shall not relieve the

Contractor of their obligations under the solicitation or the resulting contract. No oral interpretations shall be provided. All official interpretations shall 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, shall 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 Construction

Construction-related submittals shall be publicly opened and announced by Procurement

Services on the due date and time specified in the Solicitation. During the opening, the

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

Attendees shall be given an opportunity to speak during the meeting. When called by the name, email, or phone number listed in the attendance log, unmute your device and state your name and address for the record.

3.13. 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 b) reject any or all submittals or waive informalities or technicalities in the submittals received.

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. 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. Evaluation and Award Process

3.15.1. Initial Review of Submissions

Procurement Services shall 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) Evaluation of references; d) Review of bonding documents, if required; e) Assessment of other relevant criteria.

3.15.2. Departmental Analysis

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

Representative for further analysis. This analysis shall 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

The Department Representative shall email their recommendation to the Procurement

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

Notice of Intent to Award does not constitute a contract. Final approval and authorization 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 and Supplier; c) Other relevant persons or organizations. This evaluation shall 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) shall be issued by the City to the selected Contractor within the time specified for acceptance, in conjunction with the contract, establishing a binding contract without further action by either party. The contract shall 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.

3.16.2. Formal Award

General Provisions.

Contracts shall be awarded in accordance with the City’s Procurement Code, Section 38-61 of the City of Fort Myers Code of Ordinances.

Invitations to Bid

The contract shall 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.

3.16.3. 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 shall 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

City.

This solicitation is seeking secondary Contractors in the event that the primary Contractor is either overbooked or located in a manner they cannot get to the worksite in a timely fashion due to damage or debris caused by natural disasters.

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