John_Yarbrough_Linear_Park_(JYLP)_Trail_Construction_from_Colonial_Blvd._to_Hanson_St._Rebid_(Sun_Trail_447515-1-54-01).pdf

ITB 26-061

John Yarbrough Linear Park (JYLP) Trail Construction from Colonial Blvd. to

Hanson St. Rebid (Sun Trail 447515-1-54-01)

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

John Yarbrough Linear Park (JYLP) Trail Construction from Colonial Blvd. to Hanson St. Rebid (Sun Trail 447515-1-

54-01), ITB 26-061

TABLE OF CONTENTS

1. INTRODUCTION

2. SCOPE OF WORK (SPECIFICATIONS)

3. INSTRUCTIONS

4. INSURANCE

5. FDOT SUPPLEMENTAL CONDITIONS

6. GENERAL TERMS & CONDITIONS

7. DEFINITIONS

8. SUBMISSION QUESTIONNAIRE

9. BID SCHEDULE / SCHEDULE OF VALUES

John Yarbrough Linear Park (JYLP) Trail Construction from Colonial Blvd. to Hanson St. Rebid (Sun Trail 447515-1-

1. INTRODUCTION

1.1. Summary

The City of Fort Myers (City) requests submittals from interested and qualified Respondents to provide:

Construction services associated with the John Yarbrough Linear Park – Phase IV Extension

Shared Use Path and Bridge Improvements from South of SR 884/Colonial Boulevard to Hanson

Street, approximately 1.83 miles. This includes a 912' multi-span prestressed concrete bridge over SR 886/Colonial Blvd. and a 139’ prefabricated steel bridge structure over 10-mile canal.

This project is being funded through the Florida Shared-Use Nonmotorized Trail Network under the Department’s FY-24/25 work program.

1.2. Background

The City of Fort Myers (the “City”), established in 1886, is located on the southern west coast of

Florida. It is the cultural and trade center for Lee County and the surrounding area. The City was built on the site of Fort Harvie and was named for Colonel Abraham Charles Myers, then

Chief Quartermaster of Florida. The City has approximately 1,100 employees serving a population of just over 101,000 full-time permanent residents. According to the Lee County

Visitor & Convention Bureau, nearly 3.3 million people visit Fort Myers each year and spend over 3.3 billion dollars while in the area.

The City is situated between Tampa and Miami along scenic U.S. Highway 41, also known as

Tamiami Trail. Recent accolades for the City of Fort Myers include recognition as one of

Florida’s most desirable coastal communities and one of the nation’s fastest-growing areas.

Most recently, WalletHub ranked Fort Myers the No. 2 best small city in America to start a business, reflecting the community’s strong entrepreneurial environment, access to investment capital, and continued business growth.

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

SPECIAL CONTRACTOR CONSTRUCTION REQUIREMENTS – BRIDGE TRUSS AND

BRIDGE AESTHETICS

This project is unique due to the required prefabricated bridge trusses and the associated bridge aesthetics required by the City. Only Contech Engineered Solutions, LLC can provide the bridge trusses for this project since they were the only firm to respond to the Invitation to

Participate. And the City’s aesthetic bridge design cannot be finalized prior to the bidding process (connection details and fabrication dimensions) since the design of the truss must be finalized in construction.

Accordingly, below is a summary of the suggested construction process (post-bid):

John Yarbrough Linear Park (JYLP) Trail Construction from Colonial Blvd. to Hanson St. Rebid (Sun Trail 447515-1-

1. The selected contractor will contact Contech Engineered Solutions, LLC to begin design and fabrication of the truss structure.

2. The bridge aesthetic designer will finalize their design once Contech Engineered

Solutions, LLC has developed their design, and they will need to coordinate with each other to ensure compatibility between the truss and the bridge aesthetics.

3. Vendors will be contacted to furnish the aesthetic features for installation on the truss over Colonial Boulevard.

4. The selected contractor will then receive and install the truss and bridge aesthetics.

Since there is a sole source for the truss, and finalization of the bridge aesthetics details will be established during construction, the bidding contractors will need to have a clear understanding of how their bids will be evaluated. Our goal is consistency and clear definitions of project costs.

Accordingly, the cost of the bridge truss and bridge aesthetic materials will be the same regardless of which contractor is the awarded this project (City does not want the contractors to provide different bid pricing for these items). Therefore, contractors will be required to provide the cost of installation for each of these items, thereby necessitating contractors to include the

City’s set price (established by the City) in their bids for both the bridge truss and the bridge aesthetics.

A NON-MANDATORY PRE-BID conference will be held at the City of Fort Myers, Purchasing &

Contracts Administration Division, 2200 2nd Street, Fort Myers, Florida on (Date) at (Time) (If applicable) It is in the contractor’s best interest to review the bid documents prior to the prebid meeting. This gives the contractor time to prepare questions prior to the meeting. Copies of the solicitation packet may be obtained by visiting the City of Fort Myers website and logging into the electronic bid portal https://procurement.opengov.com/governments/2653/projects.

1.3. 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

1.4. Advertisement

https://procurement.opengov.com/governments/2653/projects

John Yarbrough Linear Park (JYLP) Trail Construction from Colonial Blvd. to Hanson St. Rebid (Sun Trail 447515-1-

ITB 26-061 John Yarbrough Linear Park (JYLP) Trail Construction from Colonial Blvd. to

Hanson St. Rebid (Sun Trail 447515-1-54-01)

The City of Fort Myers is seeking submittals for ITB 26-061 John Yarbrough Linear Park (JYLP)

Trail Construction from Colonial Blvd. to Hanson St. Rebid (Sun Trail 447515-1-54-

01). Submittals must be received electronically on or before Monday, November 9, 2026 at 2:00 pm EST. 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

Lilliana Baker, CMC, City Clerk RUN DATES: Wednesday, October 7, 2026

1.5. Cone of Silence

From the date a competitive solicitation is advertised or otherwise publicly issued until the resulting contract is finally awarded and approved by the City, or the solicitation is canceled or all responses are rejected, respondents, including any person or entity acting on their behalf, shall not communicate with any City employee, elected official, or representative regarding the solicitation.

During this period, all solicitation-related communications must be submitted in writing to the designated Procurement Representative or conducted only as specifically authorized in the solicitation documents.

Violation of these requirements may result in immediate disqualification, nullification of any award or contract, and suspension or permanent debarment from future City contracts. All alleged violations are subject to investigation by the City.

1.6. 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. Respondents are strongly encouraged to read the various Guides and Tutorials available in OpenGov well in advance of their intention of submitting a response to ensure familiarity with the use of OpenGov. The City will not be responsible for submittal failures caused by the Respondent’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.

1.7. Timeline

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

Release Project Date: October 7, 2026

John Yarbrough Linear Park (JYLP) Trail Construction from Colonial Blvd. to Hanson St. Rebid (Sun Trail 447515-1-

Pre-Proposal Meeting (Non-Mandatory): October 14, 2026, 9:00am

Agenda

Microsoft Teams meeting

Join:

https://teams.microsoft.com/meet/2317288

18371238?p=cOJDeqY4EaPuXMaUzC

Meeting ID: 231 728 818 371 238

Passcode: 6FC3up73

Dial in by phone

+1 239-205-3327,,802711997# United

States, Cape Coral

Find a local number

Phone conference ID: 802 711 997#

Question Submission Deadline: October 21, 2026, 4:00pm

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

Microsoft Teams meeting

Join:

https://teams.microsoft.com/meet/2511265

06786567?p=h8Cvh5QFMLtUEw2Y1G

Meeting ID: 251 126 506 786 567

Passcode: yv7jr6Nf

Dial in by phone

+1 239-205-3327,,614574792# United

States, Cape Coral

Find a local number

Phone conference ID: 614 574 792#

Proposed City Council Approval: December 7, 2026, 4:30pm

1.8. 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'.

https://government-project.s3.amazonaws.com/270877/7dd4ed74-14bc-419f-95d0-28f076273af6_Pre-Submittal_Meeting_Agenda,_26-061.docx https://teams.microsoft.com/meet/231728818371238?p=cOJDeqY4EaPuXMaUzC https://teams.microsoft.com/meet/231728818371238?p=cOJDeqY4EaPuXMaUzC https://teams.microsoft.com/meet/251126506786567?p=h8Cvh5QFMLtUEw2Y1G https://teams.microsoft.com/meet/251126506786567?p=h8Cvh5QFMLtUEw2Y1G

John Yarbrough Linear Park (JYLP) Trail Construction from Colonial Blvd. to Hanson St. Rebid (Sun Trail 447515-1-

2. SCOPE OF WORK (SPECIFICATIONS)

2.1. Mandatory Minimum Qualifications

2.1.1. Each Submission 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 three (3) 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 Submission 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

The project consists of the construction of a 12-foot-wide asphalt multi-use trail extension from the existing John Yarbrough Linear Trail (JYLP) termination point south of SR 884 (Colonial

Boulevard), extending north 1.83 miles to Hanson Street. Project work items include:

• Roadway and Trail Infrastructure: Civil works generally include grading, drainage infrastructure, flexible asphalt paving, concrete sidewalks, signage, and thermoplastic pavement markings.

John Yarbrough Linear Park (JYLP) Trail Construction from Colonial Blvd. to Hanson St. Rebid (Sun Trail 447515-1-

• Architectural Bridge Aesthetics: The contractor shall be responsible for the seamless coordination and installation of architectural bridge aesthetics on the truss over SR 884

(Colonial Boulevard) as detailed in the project plans and Technical Special Provisions

(TSP). Bidders must account for a mandatory FDOT aesthetic review and approval period within their baseline construction schedule, as this requirement will directly impact the critical path for the final delivery and installation of structural components.

• Structural Infrastructure: Structural components of this project include:

o Construction of a 912-foot multi-span heavy structural bridge, utilizing prestressed concrete beams and a 215-foot prefabricated steel truss span crossing over SR 884

(Colonial Boulevard).

o Construction of a 139-foot prefabricated steel truss bridge spanning the Ten Mile

Canal.

o Substructure construction consisting of bridge piers and end bents founded on driven prestressed concrete piles.

o Installation of Mechanically Stabilized Earth (MSE) retaining walls, permanent handrails, architectural bridge aesthetics, and rubble rip-rap bank stabilization.

Mandatory Contractor Prequalification Requirements

The Prime Contractor shall hold current, active FDOT Prequalification certificate in the following

Major Work Classes at the time of the public bid opening:

• Intermediate Bridges (Class 17)

Self-Performance Requirement: The Prime Contractor shall perform not less than 40% of the total contract amount utilizing its own organizational resources, in compliance with project specifications.

2.3. Construction Considerations

• Construction installation activities associated with erecting the west MSE wall adjacent to the private property located at 2777 Colonial Blvd., Parcel ID No. 36-44-21-P3-

00020.0030 (STA 310+30 +/- to 305+01.50, approximately 530’), shall be installed such that construction activities DO NOT encroach on said private property. The available space between the west face of the MSE wall coping and the adjacent property line varies between 2.6’ and 3.5’ (along the property line). As such, all work shall be performed within city-maintained right-of-way (east side).

• The need for armoring the Ten Mile Canal’s eastern embankment slopes within the construction limits of the east side MSE walls (STA 302+86.04 to STA 305+01.50 and

STA 314+.50 to STA 315+40.00) will be installed as work performed under an anticipated future change order, which explicit work will be established upon completion

John Yarbrough Linear Park (JYLP) Trail Construction from Colonial Blvd. to Hanson St. Rebid (Sun Trail 447515-1-of the armoring’s final design and USACE permitting requirements, and which work must be factored into the construction planning and overall project schedule of work activities

• CADD files will be provided to the awarded Contractor after award is made by City

Council.

• All aspects of the work will be the responsibility of the General Contractor. Any subcontractors interested in components of the project should go through a prime contractor.

• Currently a start date has not been set, likely October-November; however, this is contingent upon FDOT and City Council approvals.

• An easement was obtained at the property west of the proposed trail, south of the SR

884 crossing. The provided document shows the easement limits. Access beyond the obtained easement limits is the responsibility of the Contractor.

John Yarbrough Linear Park (JYLP) Trail Construction from Colonial Blvd. to Hanson St. Rebid (Sun Trail 447515-1-

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

Solicitations may be accessed in the City's Portal of OpenGov. It is the responsibility of the

Contractor to ensure correct contact 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 https://www.cityftmyers.com/1171/Procurement-Services

John Yarbrough Linear Park (JYLP) Trail Construction from Colonial Blvd. to Hanson St. Rebid (Sun Trail 447515-1-

All submissions 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:

• Contractor shall 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.

• Contractor 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 Contractors 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 agreement intended for award is part of the solicitation as an attachment. This draft contains standard legal language and may be modified. Any exceptions to the standard agreement shall 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 agreement may impact the evaluation of the submission.

mailto:procurementservices@fortmyers.gov

John Yarbrough Linear Park (JYLP) Trail Construction from Colonial Blvd. to Hanson St. Rebid (Sun Trail 447515-1-

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

• The Contractor shall submit to the City, for review, through Procore an electronic PDF’s of each Shop Drawing, including fabrication, erection, layout, and setting Drawings, and such other Drawings as are required under the various sections of the Specifications.

Similarly, the Contractor shall submit electronic PDF’s of manufacturer’s descriptive data for materials, equipment, and fixtures including catalog sheets showing dimensions, performance characteristics, and capacities; wiring diagrams and controls; schedules;

and other pertinent information as required. Those Drawings not acceptable will be returned to the Contractor for correction and resubmission.

3.7. Cone of Silence

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

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

3.8. Submission Guidelines

3.8.1. Official Submission Portal

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

3.8.2. Submission Requirements and Instructions

The Contractor is responsible for uploading their submissions directly into the OpenGov portal. The representative authorized to bind the Contractor to the submission must sign the qualification statement. A submission 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. The portal will not accept submissions 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 submission, 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.

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

Content Accessibility Guidelines (WCAG) 2.1 Level AA. Deliverables must be provided in

John Yarbrough Linear Park (JYLP) Trail Construction from Colonial Blvd. to Hanson St. Rebid (Sun Trail 447515-1-accessible formats compatible with commonly used assistive technologies. Contractor shall promptly remediate any accessibility deficiencies identified by the City at no additional cost and shall provide corrected deliverables within a mutually agreed-upon timeframe.

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.

3.8.3. Instructions for Uploading Submissions

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.

3.8.4. 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.

3.8.5. Required Documents

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

3.8.6. Corporate Submissions

Must be signed 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.

3.8.7. Partnership Submissions

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.

3.8.8. 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 submission, suitable for public disclosure, in electronic format. Redact only information exempt under applicable law and include the exemption citation.

John Yarbrough Linear Park (JYLP) Trail Construction from Colonial Blvd. to Hanson St. Rebid (Sun Trail 447515-1-

• 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 submissions received in response to this solicitation become the property of the City of Fort Myers and will not be returned.

3.9. Questions and Addenda

3.9.1. 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.

3.9.2. Authority of Addenda, Responses, and Revisions

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

Contractor to review all addenda, revisions, and published responses to questions.

Requests for interpretations must be submitted through the OpenGov Portal. Failure to review and comply with the latest addenda or interpretations will not relieve the

Contractor of their obligations under the solicitation or the resulting 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.

3.9.3. Modification of Solicitation Documents

The City reserves the right to issue addenda to modify the solicitation documents as necessary. Contractors are strongly encouraged to attend any pre-submission meetings to gain clarity on the solicitation requirements. The absence of details or the omission of specific descriptions within the Solicitation or any addenda shall be interpreted as requiring adherence to the highest standards of best commercial practices. All interpretations and clarifications of this Solicitation shall be governed by the terms and conditions set forth in this agreement.

3.10. Modification and Withdrawal of Submissions

3.10.1. Modifying or Withdrawing Submissions

The Submission may be modified or withdrawn by the Contractor through the OpenGov portal at any time before the closing time noted in the Solicitation.

3.10.2. Withdrawal Due to Material Mistake

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

John Yarbrough Linear Park (JYLP) Trail Construction from Colonial Blvd. to Hanson St. Rebid (Sun Trail 447515-1-

Procurement Director'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:

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

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

3.11. Opening Submissions for Construction

Construction-related submissions will be publicly opened and announced by Procurement

Services on the due date and time specified in the Solicitation. During the opening, the Contractor’s name and verification of bond submission, if applicable, will be announced aloud. Attendees will be given an opportunity to speak during the meeting. When called by the name, email, or phone number listed in the attendance log, unmute your device and state your name and address for the record.

3.12. Reserved Rights

3.12.1. Request for Additional Information

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

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

• Evidence of financial resources and the ability to provide and maintain the required system and/or services.

• The City may conduct investigations into the qualifications of any Contractor, which may include background checks.

3.12.2. Reserved

3.12.3. Rejection of Submissions

The City reserves the right to:

• Reject any and all Submissions.

• Waive any and all informalities.

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

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

City’s best interest, including cases where:

o The Solicitation is not responsive.

o The Contractor is unqualified or has questionable financial ability.

John Yarbrough Linear Park (JYLP) Trail Construction from Colonial Blvd. to Hanson St. Rebid (Sun Trail 447515-1-o The Contractor fails to meet any other relevant standards or criteria established by the City.

3.13. Irrevocable Offer

By submitting a response to this Solicitation, the Contractor agrees that their submission constitutes an irrevocable offer to the City. This offer shall remain valid for a period of one hundred eighty (180) calendar days from the date of the opening. The Contractor agrees to provide the goods and services described in this Solicitation under the terms, conditions, and pricing outlined in their submission.

3.14. Evaluation and Award Process

3.14.1. Initial Review of Submissions

Procurement Services will conduct an initial review of all submissions 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;

d) Assessment of other relevant criteria.

3.14.2. Recommendation and Notice of Intent to Award

The Procurement Representative will email their recommendation to award to the lowest responsive and responsible Contractor to the requesting department. The Department

Representative will analyze the scope requirements and pricing; agreement to the recommendation by the Department Representative will serve as the basis for issuing a

Notice of Intent to Award.

A Notice of Intent to Award does not constitute an Agreement. Final approval and authorization rest with the City Council.

3.14.3. 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 prior to issuing a Notice of Intent to Award.

3.14.5. 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.

John Yarbrough Linear Park (JYLP) Trail Construction from Colonial Blvd. to Hanson St. Rebid (Sun Trail 447515-1-

d) Quality of performance on similar projects for either the City or another agency.

e) Evaluation of references.

This evaluation will ensure all parties are able to perform the work outlined in the Agreement to the City’s satisfaction within the prescribed timeline.

3.14.4. 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 will ensure all parties are able to perform the work outlined in the Contract Documents to the City’s satisfaction within the prescribed timeline.

3.15. Award of Agreement

3.15.1. Formal Award

a) General Provisions

Agreements will be awarded in accordance with the City’s Procurement Ordinance, Section 38 Article 3 of the City of Fort Myers Code of Ordinances.

b) Invitations to Bid

The Agreement will be awarded to the responsive and responsible Contractor with the lowest overall cost, including any alternates, if applicable, except as otherwise authorized by law, following final approval by the City Council.

3.15.2. Purchase Order

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

3.16. Form of Agreement

The City’s intended format for the awarded Agreement is attached to this solicitation. Any exceptions to the terms of this standard Agreement 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

Agreement after responses are received and prior to execution. Revisions may be made to address the specific requirements or circumstances of the solicitation.

3.17. Execution of Agreement

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

Contractor shall provide: any required bonds; Indemnities; and Updated insurance certificates

John Yarbrough Linear Park (JYLP) Trail Construction from Colonial Blvd. to Hanson St. Rebid (Sun Trail 447515-1-as specified in the Solicitation. Electronic signatures are accepted under the Florida Uniform

Electronic Transaction Act (F.S. 668.50). Failure to meet the established deadline for submitting the required documents may result in cancellation of the award at the City’s discretion.

3.18. 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

John Yarbrough Linear Park (JYLP) Trail Construction from Colonial Blvd. to Hanson St. Rebid (Sun Trail 447515-1-

4. INSURANCE

Insurance requirements applicable to this Solicitation are set forth in the herein and

Agreement/Contract attached to this Solicitation. Respondents are responsible for reviewing the insurance requirements in their entirety and shall be capable of providing the required insurance coverage upon award.

Certificates of Insurance (COIs) and any required endorsements must be provided prior to

Agreement/Contract execution, unless otherwise specified, and shall remain in effect for the full term of the Agreement, including any renewals, extensions, or amendments.

Information regarding the City's minimum insurance requirements, including required coverage descriptions and limits, is available click here. For convenience, the City's Insurance

Requirements Table is also attached to the solicitation.

The insurance coverages applicable and required for this Solicitation are identified below.

4.1. Required Standard Insurance Coverages

These coverages are required for all goods and services provided to the City:

Commercial General Liability. Occurrence-based policy covering bodily injury, property damage, personal & advertising injury, premises/operations, completed operations, independent contractors and subcontractors.

Comprehensive Auto Liability. Occurrence-based coverage protecting against all claims for bodily injury and property damage arising from motor vehicle use.

Worker's Compensation an Employer's Liability. Statutory workers’ compensation for all employees, including an “all states”/“other states” endorsement.

4.2. Professional Liability

The Service Provider shall keep in full force, effect, and good standing, a professional liability/errors and omissions insurance policy.

4.3. Fire and Extended Coverage Insurance (Builder's Risk)

For Service Provider's encompassing buildings and structures while in the course of construction.

4.4. Commercial Crime

For Service Provider’s employees engaged in work having access to City funds.

4.5. Cyber Liability Coverage

Service Providers who supply software, hardware, software or system development, consulting services Internet/Application Service provided services, or any other technology service.

https://docaccess.com/docviewer.html?url=https%3A%2F%2Ffortmyers.gov%2FDocumentCenter%2FView%2F26275%2FINSURANCE-REQUIREMENTS&url_hash=ed94e4e27436e2a1979ddcbb7a5bb82d&domain=fortmyers.gov&found_on=https%3A%2F%2Ffortmyers.gov%2F1882%2FGeneral-Terms-Conditions

John Yarbrough Linear Park (JYLP) Trail Construction from Colonial Blvd. to Hanson St. Rebid (Sun Trail 447515-1-

4.6. Environmental/Pollution Liability Insurance

When the project includes any environmental or pollution control factors.

4.7. Garage Keepers Liability

When City vehicles/equipment is on or stored at the Service Provider’s facility.

4.8. Leasing / Renting

For lease holders during the term of the lease, coverage to include: 1) fire legal liability 2) liquor liability.

4.9. Marine Coverage

For Service Providers will be working or transporting materials in lakes, rivers, or other waterways.

John Yarbrough Linear Park (JYLP) Trail Construction from Colonial Blvd. to Hanson St. Rebid (Sun Trail 447515-1-

5. FDOT SUPPLEMENTAL CONDITIONS

5.1. Bonding and Prequalification

Upon award, furnish to the City, and maintain in effect throughout the life of the Contract, an acceptable surety bond in a sum at least equal to the amount of the Contract. Execute such bond on the form furnished by the City. Ensure that the surety's resident City's, address and telephone number is clearly stated on the face of the Contract Bond.

A Contractor desiring to bid for the performance of any construction contract located on the

National Highway System (NHS) or the State highway System (SHS) in excess of $250,000 must be certified by the Department of Transportation as qualified in accordance with Section

337.14(1), Florida Statutes and Rule 14-22, Florida Administrative Code under Classification

FL141. Any bid for the performance of any construction contract in excess of $250,000 submitted by a Contractor not certified by the Department of Transportation as qualified shall be declared "IRREGULAR" and will be REJECTED.

5.2. Change Orders

5.3.1. Changes in Price

The Contract Price may only be changed by a Change Order or by a Written Amendment. The

City may, at any time, without notice to the Sureties, by written order designated or indicated to be a Change Order, make any change in the Work within the general scope of the Contract including, but not limited to, changes: • in the Specifications (including Drawings and designs) • in the method or manner of performance of the work • in the City-furnished facilities, equipment, materials, services, or site; or • directing acceleration in the performance of the

Work, other than to achieve the existing Contract Time schedule.

Any other written order from the City, which causes any such change, shall be treated as a

Change Order under this clause, provided that the Contractor gives the City written notice stating the date, circumstances, and source of the order and that the Contractor regards the order as a Change Order.

Except as provided herein, no order, statement, or conduct of the City shall be treated as a

Change Order under this clause or entitle the Contractor to an equitable adjustment hereunder.

5.3.2. Changes in Contract Time

The Contract Time may only be changed by a Change Order or a Written Amendment. Any claim for an extension, or shortening of the Contract Time, shall be based on written notice delivered by the party making the claim to the other party promptly (but in no event later than five (5) days) after the occurrence of the event giving rise to the claim, and stating the general nature of the claim. Notice of the extent of the claim, with supporting data, shall be delivered within thirty (30) days after such occurrence (unless the City allows an additional period of time to ascertain more accurate data in support of the claim), and shall be accompanied by the claimant’s written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Time shall be determined by the City if the City and Contractor

John Yarbrough Linear Park (JYLP) Trail Construction from Colonial Blvd. to Hanson St. Rebid (Sun Trail 447515-1-cannot otherwise agree. No claim for an adjustment in the Contract Time will be valid if not submitted in accordance with the requirements of this Paragraph.

The Contract Time will be extended in an amount equal to time lost, due to delays beyond the control of the Contractor, if a claim is made therefore as provided in paragraph 1. Such delays shall include, but not be limited to, acts of God, strikes, lockouts, wars, acts of terrorism, riots, actions or orders of governmental authorities, extraordinary weather conditions, natural disasters, pandemics, or other unforeseen events that could not have been reasonably anticipated or prevented by either party.

All time limits stated in the Contract Documents are of the essence of the Contract. The provisions of this Article shall not exclude recovery for damages (including, but not limited to, fees and charges of engineers, architects, attorneys, and other professionals and court and arbitration costs) for delay by either party.

This article does not exclude the recovery of damages for delay by either party under other provisions in the Contract Documents.

Any Contractor claim for a time extension must verify or demonstrate that completion of the entire Contract was delayed for the period of time requested in the time extension claim

When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period, unless noted otherwise. If the last day of any such period falls on a Saturday or Sunday, or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation.

A calendar day of twenty-four (24) hours measured from midnight to the next midnight shall constitute a day.

5.3. Claims

5.4.1. General.

When the Contractor deems that extra compensation or a time extension is due beyond that agreed to by the Engineer, whether due to delay, additional work, altered work, differing site conditions, breach of Contract, or for any other cause, the Contractor shall follow the procedures set forth herein for preservation, presentation and resolution of the claim. Submission of timely notice of intent to file a claim, preliminary time extension request, time extension request, and the certified written claim, together with full and complete claim documentation, are each a condition precedent to the Contractor bringing any circuit court, arbitration, or other formal claims resolution proceeding against the Department for the items and for the sums or time set forth in the Contractor’s certified written claim. The failure to provide such notice of intent, preliminary time extension request, time extension request, certified written claim and full and complete claim documentation within the time required shall constitute a full, complete, absolute and irrevocable waiver by the Contractor of any right to additional compensation or a time extension for such claim.

5.4.2. Notice of Claim.

John Yarbrough Linear Park (JYLP) Trail Construction from Colonial Blvd. to Hanson St. Rebid (Sun Trail 447515-1-

Notice of Extra Work. Where the Contractor deems that additional compensation or a time extension is due for work or materials not expressly provided for in the Contract or which is by written directive expressly ordered by the Engineer, the Contractor shall submit written notification to the Engineer of the intention to make a claim for additional compensation before beginning the work on which the claim is based, and if seeking a time extension, the Contractor shall also submit a preliminary request for time extension within ten calendar days after commencement of a delay and a request for Contract Time extension within thirty calendar days after the elimination of the delay. If such written notification is not submitted and the

Engineer is not afforded the opportunity for keeping strict account of actual labor, material, equipment, and time, the Contractor waives the claim for additional compensation or a time extension. Such notice by the Contractor, and the fact that the Engineer has kept account of the labor, materials and equipment, and time, shall not in any way be construed as establishing the validity of the claim or method for computing any compensation or time extension for such claim. On projects with an original Contract amount of $3,000,000 or less within 90-calendar days after final acceptance of the project and on projects with an original Contract amount greater than $3,000,000 within 180 calendar days after final acceptance of the project, the

Contractor shall submit full and complete claim documentation and duly certified. However, for any claim or part of a claim that pertains solely to final estimate quantities disputes the

Contractor shall submit full and complete claim documentation and duly certified, as to such final estimate claim dispute issues, within 90 or 180 calendar days, respectively, of the

Contractor’s receipt of the Department’s final estimate.

If the Contractor fails to submit a certificate of claim, the Department will so notify the

Contractor in writing. The Contractor shall have ten calendar days from receipt of the notice to resubmit the claim documentation, without change, with a certificate of, without regard to whether the resubmission is within the applicable 90 or 180 calendar day deadline for submission of full and complete claim documentation. Failure by the Contractor to comply with the ten-calendar day notice shall constitute a waiver of the claim.

5.4.3. Claims for Delay.

Where the Contractor deems that additional compensation or a time extension is due on account of delay, differing site conditions, breach of Contract, or any other cause other than for work or materials not expressly provided for in the Contract (Extra Work) or which is by written directive of the Engineer expressly ordered by the Engineer, the Contractor shall submit a written notice of intent to the Engineer within ten days after commencement of a delay to a controlling work item expressly notifying the Engineer that the Contractor intends to seek additional compensation, and if seeking a time extension, the

Contractor shall also submit a preliminary request for time extension within ten calendar days after commencement of a delay to a controlling work item, as to such delay and providing a reasonably complete description as to the cause and nature of the delay and the possible impacts to the Contractor’s work by such delay, and a request for Contract Time extension within thirty calendar days after the elimination of the delay.