Lake_Management_Services_(Addendum_#4_Revision).pdf

ITB 25-090

Lake Management Services

The City of Fort Myers Procurement Services utilizes an electronic bidding system to streamline the solicitation process.

City of Fort Myers Procurement Services Website https://procurement.opengov.com/portal/cityftmyers

Lake Management Services, ITB 25-090

TABLE OF CONTENTS

1. INTRODUCTION

2. PROJECT DETAILS / SCOPE OF WORK

3. INSTRUCTIONS

4. SOLICITATION TERMS AND CONDITIONS

5. CONTRACT TERMS AND CONDITIONS

6. INSURANCE

7. DEFINITIONS

8. SUBMISSION QUESTIONNAIRE

9. SCHEDULE OF VALUES

10. DRAFT CONTRACT

1. INTRODUCTION

1.1. Summary

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

1. Ford Street Preserve, Annual Maintenance Service for 4.58 Acres of Preserve

2. Billy Creek Filter Marsh Preserve, Annual Maintenance Service for Three (3) Lakes (15.70

Acres)

3. Monthly aquatic weed control service at City ponds for the following locations:

1. Broadway & Solomon Streets

2. Cook Lake

3. Edison Avenue & Broadway Lake

4. Sam Fleishman Park Lake

5. Frank Lake

6. La-Z Boy Plaza Lake

7. Manor Lake

8. Park & Second Streets

9. Thompson & Fowler Streets

10. Riverfront Detention Basin

4. Quarterly service for ten (10) aeration cabinets and compressors; locations same as line c.

5. Quarterly service for three (3) fountain locations as shown below:

a. Edison Avenue & Broadway Lake (1 fountain)

b. Manor Lake (1 fountain)

c. Riverfront Detention Basin (6 fountains)

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 1,000 employees serving a population of approximately 96,755 full time permanent residents with a population growth of

12% between 2020 and 2022. According to the Lee County Visitor & Convention Bureau, nearly 4.5 million people visit Fort Myers each year and spend over $4 billion dollars while in the area. Fort Myers has experienced unprecedented growth in its tax base, as the past (3), year-over-year percentage increases, were double digit. The City added a total of $5.0 billion to its tax base over the past five years, or 75.6%.

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 top ranking for best places to live, to retire, and to start a new business, safest cities in America, #4 college town in

Florida, and most recently the fastest growing place by U.S News and World Report (2024).

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.

1.3. Advertisement

ITB 25-090 Lake Management Services

The City of Fort Myers is seeking submittals for ITB 25-090 Lake Management Services which will be uploaded electronically on or before Friday, October 10, 2025 at 2:00 pm. Interested participants are encouraged to download the solicitation documents. For more details visit https://procurement.opengov.com/portal/cityftmyers

CITY OF FORT MYERS

Marty K. Lawing, City Manager Legal Ad: News-Press/OpenGov

Mary Hagemann, City Clerk RUN DATES: Tuesday, September 9, 2025

1.4. Contact Information

Direct inquiries to the following:

Procurement Representative Name

Kirk Zimmerman, NIGP-CPP, CPPB, Senior Procurement Specialist

2200 Second Street

Fort Myers, FL 33901

Email: kzimmerman@fortmyers.gov

Phone: (239) 321-7241

Requesting Department:

Engineering, Public Works

1.5. OpenGov Portal

The City 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. Contractor is 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 a Contractor’s inability to submit a response by the end date and time for any reason, including issues arising from the use of OpenGov.

1.6. 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 can be found above.

1.7. Timeline

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

Solicitation Release Date: September 9, 2025

Pre-Submittal Meeting (non-mandatory)

(Non-Mandatory):

September 16, 2025, 10:00am

Fort Myers City Hall-Procurement

Conference Room (West)

2200 Second Street, Fort Myers, FL 33901 or Virtually https://teams.microsoft.com/l/meetup-join/19%3ameeting_M2ViMDNmMGEtZGU0

OS00OWUyLTg3NTktNWFlYWIyZGE3MTFl%

40thread.v2/0?context=%7b%22Tid%22%

3a%2235ab3971-4a9a-45d4-8ad1-ac170528b885%22%2c%22Oid%22%3a%

2283ef1c43-5533-4d59-a153-a3a170fcb6e1%22%7d

Meeting ID: 265 152 480 077 8

Passcode: Lg74bH7H

Dial in by phone

+1 239-205-3327,,324114249# United

States, Cape Coral

Find a local number

Phone conference ID: 324 114 249#

Question Submission Deadline: October 1, 2025, 4:00pm

Submission Deadline: October 10, 2025, 2:00pm

Proposed City Council Approval Date: November 3, 2025 https://teams.microsoft.com/l/meetup-join/19%3ameeting_M2ViMDNmMGEtZGU0OS00OWUyLTg3NTktNWFlYWIyZGE3MTFl%40thread.v2/0?context=%7b%22Tid%22%3a%2235ab3971-4a9a-45d4-8ad1-ac170528b885%22%2c%22Oid%22%3a%2283ef1c43-5533-4d59-a153-a3a170fcb6e1%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_M2ViMDNmMGEtZGU0OS00OWUyLTg3NTktNWFlYWIyZGE3MTFl%40thread.v2/0?context=%7b%22Tid%22%3a%2235ab3971-4a9a-45d4-8ad1-ac170528b885%22%2c%22Oid%22%3a%2283ef1c43-5533-4d59-a153-a3a170fcb6e1%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_M2ViMDNmMGEtZGU0OS00OWUyLTg3NTktNWFlYWIyZGE3MTFl%40thread.v2/0?context=%7b%22Tid%22%3a%2235ab3971-4a9a-45d4-8ad1-ac170528b885%22%2c%22Oid%22%3a%2283ef1c43-5533-4d59-a153-a3a170fcb6e1%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_M2ViMDNmMGEtZGU0OS00OWUyLTg3NTktNWFlYWIyZGE3MTFl%40thread.v2/0?context=%7b%22Tid%22%3a%2235ab3971-4a9a-45d4-8ad1-ac170528b885%22%2c%22Oid%22%3a%2283ef1c43-5533-4d59-a153-a3a170fcb6e1%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_M2ViMDNmMGEtZGU0OS00OWUyLTg3NTktNWFlYWIyZGE3MTFl%40thread.v2/0?context=%7b%22Tid%22%3a%2235ab3971-4a9a-45d4-8ad1-ac170528b885%22%2c%22Oid%22%3a%2283ef1c43-5533-4d59-a153-a3a170fcb6e1%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_M2ViMDNmMGEtZGU0OS00OWUyLTg3NTktNWFlYWIyZGE3MTFl%40thread.v2/0?context=%7b%22Tid%22%3a%2235ab3971-4a9a-45d4-8ad1-ac170528b885%22%2c%22Oid%22%3a%2283ef1c43-5533-4d59-a153-a3a170fcb6e1%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_M2ViMDNmMGEtZGU0OS00OWUyLTg3NTktNWFlYWIyZGE3MTFl%40thread.v2/0?context=%7b%22Tid%22%3a%2235ab3971-4a9a-45d4-8ad1-ac170528b885%22%2c%22Oid%22%3a%2283ef1c43-5533-4d59-a153-a3a170fcb6e1%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_M2ViMDNmMGEtZGU0OS00OWUyLTg3NTktNWFlYWIyZGE3MTFl%40thread.v2/0?context=%7b%22Tid%22%3a%2235ab3971-4a9a-45d4-8ad1-ac170528b885%22%2c%22Oid%22%3a%2283ef1c43-5533-4d59-a153-a3a170fcb6e1%22%7d

2. PROJECT DETAILS / SCOPE OF WORK

2.1. Mandatory Minimum Qualifications

2.1.1. The Contractor(s) shall hold any necessary license(s) authorizing them to do business in the State of Florida.

2.1.2. Contractor(s) shall have been in business under the current company/firm name for a minimum of three (3) consecutive years.

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 is required to inform the City of any relevant legal or ethical issues.

Specifically, they need to disclose:

2.1.4.1. Judgments: Any court decisions against them.

2.1.4.2. Pending Lawsuits: Any legal actions that are currently underway.

2.1.4.3. Criminal Activities: Any criminal conduct, especially if it involves moral turpitude

(actions that are morally reprehensible).

Contractor will 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 must 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 called for. Each Solicitation must contain evidence of the Respondent’s qualifications to do business in the State of Florida, or covenant to obtain such qualification, prior to award of the contract.

The Contractor will be required to maintain the Minimum Qualifications Requirements, as presented during selection, if selected and awarded the contract, during the term of the

Contract and any contract renewals.

2.2. SCOPE (reworked as addendum 1, 9/19/2025)

2.2.1. General Qualifications:

• Contractor is a licensed pesticide applicator in the state in which service is to be provided.

• Individual Applicators are Certified Pesticide Applicators in Aquatics, Public Health, Forestry, Right of Way, and Turf/Ornamental as required in the state in which service is to be provided.

• Contractor is a SePRO Preferred Applicator and dedicated Steward of Water. Each individual applicator has been trained and educated in the water quality testing and analysis required for prescriptive site-specific water quality management and utilizes an integrated approach that encompasses all aspects of ecologically balanced management.

Each applicator has received extensive training in the proper selection, use, and application of all aquatic herbicides, algaecides, adjuvants, and water quality enhancement products necessary to properly treat our City lakes and ponds as part of an overall integrated pest management program.

• Contractor guarantees that all products used for treatment are EPA registered and labeled as appropriate and safe for use in lakes, ponds, and other aquatic sites, and are being applied in a manner consistent with their labeling.

• All pesticide applications made directly to the water or along the shoreline for the control of algae, aquatic weeds, or other aquatic pests as specified in this contract will meet or exceed all of the Contractor’s legal regulatory requirements as set forth by the EPA and related state agencies for NPDES and FIFRA. Contractor will perform treatments that are consistent with NPDES compliance standards as applicable in and determined by the specific state in which treatments are made. All staff will be fully trained to perform all applications in compliance with all federal, state, and local law.

• Contractor will furnish the personnel, vehicles, boats, equipment, materials, and other items required to provide the foregoing at its expense.

2.2.2. Aquatic Weed Control:

• Pond(s) will be inspected on a monthly basis.

• Any growth of undesirable aquatic weeds and vegetation found in the pond(s) with each inspection shall be treated and controlled through the application of aquatic herbicides and aquatic surfactants as required to control the specific varieties of aquatic weeds and vegetation found in the pond(s) at the time of application.

• Invasive and unwanted submersed and floating vegetation will be treated and controlled preventatively and curatively each spring and early summer through the use of systemic herbicides at the rate appropriate for control of the target species. Application rates will be designed to allow for selective control of unwanted species while allowing for desirable species of submersed and emergent wetland plants to prosper.

2.2.3. Buffer Management:

• Buffer vegetation will be selectively treated as required to limit any growth of unwanted vegetation and to maintain the beneficial aquatic and upland vegetation found within the buffer areas along the edge of the pond. This service is provided in order to maintain the pond buffers in a natural, yet desirable appearance. Buffer vegetation height and density will be encouraged to help prevent nuisance goose and other wildlife from utilizing the pond, as well as providing the necessary erosion control and reduction of nutrients necessary for the overall health and sustainability of the pond.

2.2.4. City Responsibilities (when applicable):

• Providing information required for the permit application process upon request.

• Providing Certified Abutters List for abutter notification where required.

• Perform any public filings or recordings with any agency or commission associated with the permitting process, if required.

• Compliance with any other special requirements or conditions required by the local municipality.

• Compliance and enforcement of temporary water-use restrictions where applicable.

2.2.5. Floating Fountain System Maintenance:

Service City fountains four (4) times per year as follows:

• Clean suction screens to remove all trash and algae.

• Clean lights, floats, spray rings, and nozzles.

• Check all electrical equipment and reset time clocks if needed.

• Replace expired light bulbs (bulbs at additional cost).

• Repairs as needed; must be pre-approved by City staff.

• Replacement light bulbs as needed.

2.2.6. Pond Algae Control:

• Pond(s) will be inspected on a monthly basis.

• Any algae found in the pond(s) with each inspection shall be treated and controlled through the application of algaecides, aquatic herbicides, and aquatic surfactants as needed for control of the algae present at the time of service.

2.2.7. Preserve Maintenance:

• Contractor will conduct monthly events on the designated detention/wetland areas.

• The treatment will include all FLEPPC Category 1 & 2 species and nuisance vines.

• All identified species will be treated in place with an approved herbicide,

• This proposal does not include debris removal or disposal.

2.2.8. Rebuilding Kits

If a rebuild kit is needed that will be invoiced at cost (no markup).

2.2.9. Reporting:

• City will be provided with a written service report detailing all of the work performed as part of this contract after each visit. Report to include: chemicals used, amount, date, location, and photographs.

2.2.10. Shoreline Weed Control:

• Shoreline areas will be inspected on a monthly basis.

• Any growth of cattails, phragmites, or other unwanted shoreline vegetation found within the pond areas shall be treated and controlled through the application of aquatic herbicides and aquatic surfactants as required for control of the plants present at time of application.

• Any growth of unwanted plants or weeds growing in areas where stone has been installed for bank stabilization and erosion control shall be treated and controlled through the application of aquatic herbicides and aquatic surfactants as required to control the unwanted growth present at the time of application.

2.2.11. Submersed Air Diffuser Aeration system Maintenance:

Contractor will service all of the Diffused Aeration Systems four (4) times per year as follows:

• Compressor will be tested to ensure proper operation.

• Cabinet Cooling Exhaust Fan will be checked to ensure proper operation.

• Compressor Carbon Vanes and Seals will be changed annually or as needed.

• Compressor Air Filter / Muffler Assembly will be checked, cleaned, and replaced as needed.

• Diffuser air stones and/or membranes will be cleaned and replaced as needed.

• All necessary repairs (parts & labor) covered by warranty will be performed at no additional charge to the City.

• All replacement parts required for proper maintenance of the aeration systems will be billed as an additional charge with no markup.

• Any significant problems / malfunctions that are discovered during the maintenance service which are no longer under warranty, which are not part of routine maintenance, and that will require additional labor and/or parts, will be written up and submitted to the City for his / her approval prior to proceeding with the work.

• All aerator work will be performed by factory certified service and repair technicians.

2.2.12. Trash Removal:

Trash will be removed from the pond(s) with each service and disposed off site. Any large item or debris that is not easily and reasonably removable by one person during the routine visit will be removed with the City’s approval for an additional fee. Routine trash and debris removal services are for the pond areas only, and do not include any trash or debris removal from the surrounding terrestrial (dry land) areas.

2.2.13. Visual Inspections:

A visual inspection of the pond(s) will be performed during each visit to the site. The inspections shall include the following:

● Water levels

● Water clarity or quality

● Turbidity

● Beneficial Aquatic Vegetation

● Nuisance, Invasive, or Exotic Aquatic Vegetation

● Algae

● Physical components such as above ground pipes, inlet and outlet structures, trash racks, emergency spillways, and dams

● Erosion

● Issues with shoreline and bank stabilization measures such as rip rap stone, bulkheads, retaining walls, etc.

● Forebays and inflowing or outflowing swales, ditches, and stream channels

● Vegetated buffers

● Sedimentation

● Nuisance animal activity

● Fish habitat

● Mosquito breeding conditions and habitat

● Trash and debris o Written report shall follow each inspection

Any issues or deficiencies that are observed during this visual monitoring will be documented by your staff in the field notes of the service order completed at the time the issue was first observed and reported to the City in writing as part of that month’s service report.

City will be notified immediately if there are any deficiencies observed that appear in the judgment of our staff to be posing an immediate risk or otherwise jeopardizing the integrity of the pond(s) structures including debris larger than one person can remove, firearms, pollutants, suppression, any other out of the ordinary item(s).

Illegal substances, firearms, and cadavers should be reported to Fort Myers Police Department and City Staff.

The scope of these services is limited to what can be reasonably observed at the surface of the water and above the ground around the water that makes up the physical structure of the pond(s). These routine inspection services are not intended to replace any requirement or need for a more comprehensive engineered inspection, or any other type of inspection that would require expertise or equipment to survey the condition of the physical components of the pond(s) underground, underwater, or inside any of the associated structures.

2.2.14. SCOPE BY LOCATION:

Contractor, hereby agrees to provide and perform the Scope of Services required and necessary to complete maintenance work as set forth below:

Billy Creek Filter Marsh Preserve

Maintenance Service (invoiced monthly) for Three (3) Lakes (15.70 Acres) including but not limited to:

• Aquatic Weed Control

• Buffer Management

• Pond Algae Control

• Preserve Maintenance

• Shoreline Weed Control

• Trash Removal

• Visual Inspections

• Reporting

Broadway & Solomon

Maintenance Service (invoiced monthly) including but not limited to:

• Monthly Aquatic Weed Control

• Pond Algae Control

• Shoreline Weed Control

• Visual Inspections

• Reporting

Invoiced Quarterly:

• Quarterly Service of aeration cabinets and compressors

Cook Lake

Maintenance Service (invoiced monthly) including but not limited to:

• Monthly Aquatic Weed Control

• Pond Algae Control

• Shoreline Weed Control

• Visual Inspections

• Reporting

Invoiced Quarterly:

• Quarterly Service of aeration cabinets and compressors

Colonial Water Way (North side only)

Maintenance Service (invoiced monthly) including but not limited to:

• Monthly Aquatic Weed Control

• Shoreline Weed Control

• Visual Inspections

• Reporting

Eastwood Golf Course

Maintenance Service (invoiced monthly) including but not limited to:

• Aquatic weed control will include three (3) visits per month. See map items 1-10 and

• Pond Algae Control

• Shoreline Weed Control

• Visual Inspections

• Reporting

Invoiced Quarterly:

• Quarterly service for one (1) aeration cabinet and compressor.

Additive Alternate: the bid schedule lists a price for the canal around the perimeter of Eastwood

Golf Course for semi-annual weed control. Staff will decide if they will do this in-house.

• Semiannual weed control for canals item 11-13 on map provided

Edison & Broadway Lake

Maintenance Service including but not limited to:

• Monthly Aquatic Weed Control

• Pond Algae Control

• Shoreline Weed Control

• Visual Inspections

• Reporting

Invoiced Quarterly:

• Fountain Maintenance

• Quarterly Service of aeration cabinets and compressors

Ford Street Preserve

Maintenance Service for 4.58 Acres of Preserve including but not limited to:

• Aquatic Weed Control

• Buffer Management

• Pond Algae Control

• Preserve Maintenance

• Shoreline Weed Control

• Trash Removal

• Visual Inspections

• Reporting

Fort Myers Country Club

Maintenance Service (invoiced monthly) including but not limited to:

• Aquatic weed control will include one visits per month for lakes and carrel canal.

• Pond Algae Control

• Quarterly service for filter marsh/retention areas indicated on map. To include ornamental grasses along banks. See map

• Shoreline Weed Control

• Visual Inspections

• Reporting

• Quarterly service for two (2) aeration cabinets and compressors

Frank Lake

Maintenance Service (invoiced monthly) including but not limited to:

• Monthly Aquatic Weed Control

• Pond Algae Control

• Shoreline Weed Control

• Quarterly Service of aeration cabinets and compressors

• Visual Inspections

• Reporting

La-Z Boy Plaza Lake

Maintenance Service (invoiced monthly) including but not limited to:

• Monthly Aquatic Weed Control

• Pond Algae Control

• Shoreline Weed Control

• Visual Inspections

• Reporting

Invoiced Quarterly:

• Quarterly Service of aeration cabinets and compressors

Manor Lake

Maintenance Service (invoiced monthly) including but not limited to:

• Monthly Aquatic Weed Control

• Pond Algae Control

• Shoreline Weed Control

• Visual Inspections

• Reporting

Invoiced Quarterly:

• Fountain Maintenance

Park & Second

Maintenance Service (invoiced monthly) including but not limited to:

• Monthly Aquatic Weed Control

• Pond Algae Control

• Shoreline Weed Control

• Visual Inspections

• Reporting

Invoiced Quarterly:

• Quarterly Service of aeration cabinets and compressors

Riverfront Detention Basin

Maintenance Service (invoiced monthly) including but not limited to:

• Monthly Aquatic Weed Control

• Pond Algae Control

• Shoreline Weed Control

• Visual Inspections

• Reporting

Invoiced Quarterly:

• Quarterly Service of aeration cabinets and compressors

Sam Fleishman Park Lake

Maintenance Service (invoiced monthly) including but not limited to:

• Monthly Aquatic Weed Control

• Pond Algae Control

• Shoreline Weed Control

• Visual Inspections

• Reporting

Invoiced Quarterly:

Ten-Mile Filter Marsh

Maintenance Service (invoiced monthly) including but not limited to:

• Monthly Aquatic Weed Control

• Shoreline Weed Control

• Visual Inspections

• Reporting

Thompson & Fowler

Maintenance Service (invoiced monthly) including but not limited to:

• Monthly Aquatic Weed Control

• Pond Algae Control

• Shoreline Weed Control

• Visual Inspections

• Reporting

3. INSTRUCTIONS

Procurement Information

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

Applicable Laws and Appeals

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. These provisions can be accessed online at:

City of Fort Myers Code of Ordinances - Procurement

Alternatively, contact Procurement Services for further assistance.

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

Code of Ordinances and procurement policies.

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

Solicitation Submission Guidelines

1. Official Submission Portal

All submissions must be made electronically through the City’s Bid Portal in OpenGov. The portal will keep all files locked until the solicitation officially closes.

2. Official Time

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

3. Responsibilities

3.1. Contractor is solely responsible for ensuring timely electronic submissions.

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

https://library.municode.com/fl/fort_myers/codes/code_of_ordinances?nodeId=SPAADCO_CH38FI_ARTIIIPU

4. Addenda Distribution

All addenda and updates will be made available exclusively via OpenGov. Contractor is advised to regularly check the portal for any updates related to this solicitation.

3.1. 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 keep all files locked until the solicitation officially closes.

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.

3.2. 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 correct registration information is provided. The City is not liable for any issues arising from incorrect or incomplete contact information.

1. Use of Official Solicitation Documents

All submittals must be prepared using the solicitation documents provided by the City. The City assumes no responsibility for errors or misinterpretations resulting from the use of incomplete or unofficial solicitation documents.

2. Purpose of Solicitation Documents

Solicitation documents are provided solely to facilitate the preparation and submission of responses.

3. Right to Cancel

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

3.3. Responsibilities of the Contractor

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

1. Download Official Solicitation Documents

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

2. Thoroughly Review Documents

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

3. Consider Applicable Laws and Regulations

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

4. Correlate Observations with the Solicitation Documents https://www.cityftmyers.com/1171/Procurement-Services

Study and carefully align observations with the solicitation documents to ensure consistency.

5. Report Conflicts or Discrepancies

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 by submitting a question through the E-Procurement

Q&A module.

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

6. Review the Draft Contract

The draft contract intended for award is included with this solicitation for reference.

6.1. This draft contains standard legal language and may be modified.

6.2. Any exceptions to the standard contract should be submitted as a question in the

Q&A module before the question deadline. If the question deadline has passed, exceptions should be clearly noted in the Consultant/Contractor's questionnaire.

• Note: Exceptions to the draft contract may impact the evaluation of the submittal.

7. City's Right to Modify Contract

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

3.4. Questions and Addenda Guidelines

1. Submission of Questions

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

2. Response Timeframes

Answers to questions of substance will be publicly published in the OpenGov Portal. Responses to document format or process-related questions will be issued within two (2) business days of receipt, or the solicitation will be placed on hold. The two-day response window does not apply to project-specific questions that require input from project managers or Contractor.

3. Authority of Addenda and Revisions mailto:procurementservices@fortmyers.gov

Revisions to the solicitation and responses provided via the "Questions & Answers" feature are authoritative and shall be considered addenda to the solicitation. All information provided in this solicitation, including addenda and answers to questions, will be incorporated into the solicitation and any resulting contract. It is the responsibility of the Contractor to review all addenda, revisions, and published answers to questions. Requests for interpretations must be submitted through the OpenGov Portal. Failure to review and comply with the latest addenda or interpretations will not relieve the Contractor of their obligations under the solicitation or the resulting contract. No oral interpretations will be provided. All official interpretations will be issued as written addenda and made available via OpenGov.

4. Modification of Solicitation Documents

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

3.5. Interpretation of Solicitation and Addenda

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.

3.6. Incorporation of Procurement Policy and Ordinance

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 contract.

3.7. Local Preference

The City of Fort Myers has a local vendor preference policy (Ordinance 38-71 thru 76). Please click on the ordinance number to review the policy.

3.8. Minority Business Enterprise Program

All forms MUST accompany each set of Solicitation forms. Minority Business Enterprise (MBE)

(Ordinance No 38-122 thru 128): The City has established an MBE Ordinance for expenditures of construction, services, goods, and other services. Minority Business Enterprise’s (MBE’s) are businesses who are certified by the State of Florida Office of Supplier Diversity and whose principal place of business is located within the boundaries of Lee County.

The City's Minority Business Enterprise Policy can be found at:

https://www.fortmyers.gov/1511/Minority-Business-Enterprise-Program

3.9. Submittal Preparation

1. Preparation of Response https://fortmyers.gov/DocumentCenter/View/14396/City-of-Fort-Myers-Procurement-Policy-PDF https://fortmyers.gov/DocumentCenter/View/14396/City-of-Fort-Myers-Procurement-Policy-PDF https://library.municode.com/fl/fort_myers/codes/code_of_ordinances?nodeId=SPAADCO_CH38FI_ARTIIIPU_DIV2LOVEPR https://library.municode.com/fl/fort_myers/codes/code_of_ordinances?nodeId=SPAADCO_CH38FI_ARTVMIBUENPR https://www.cityftmyers.com/1511/Minority-Business-Enterprise-Program

Contractor must 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.

2. Incurred Expenses

The 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. Proprietary Information

3.1. City’s Judgment on Disclosure The City reserves the right to exercise its own judgment regarding the disclosure of records. The City may take any actions it deems necessary, including filing a declaratory action, to comply with Federal or Florida public records laws.

3.2. Ownership of Submittals All submittals received in response to this solicitation will become the property of the City and will not be returned to the Contractor.

3.10. Submission Requirements

1. Submission Requirements and Instructions

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

OpenGov Submission Portal . The representative authorized to bind the Contractor to the submittal must sign the qualification statement. A submittal is considered timely only if received through the OpenGov portal by the precise date and time stated in the solicitation timeline. The OpenGov portal time clock serves as the official time for determining timeliness.

Submittals will not be accepted after the deadline.

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

2. Instructions for Uploading Submissions

2.1. 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.

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

3. 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.

4. Required Documents

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

5. Corporate Submittals

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

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

Secretary.

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

6. 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.

7. 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.

8. Proprietary Information

8.1. Public Records and Confidentiality

In accordance with Chapter 119 of the Florida Statutes (Public Records Law) and unless otherwise exempt by applicable law:

8.1.1. Solicitation documents and responses are public records and will be made available upon notice of award or 30 days after the solicitation closing date, whichever occurs first.

8.1.2. 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.

8.1.3. Failure to provide a detailed explanation with statutory citations may result in the entire response being subject to disclosure under Chapter 119.

8.2. Redacted Copy Requirement

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.

8.3. City’s Judgment on Disclosure

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.

8.4. Ownership of Submittals

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

Fort Myers and will not be returned.

9. Electronic Pricing Form Instructions

All submittals must be completed through the OpenGov portal. Paper responses will be deemed non-responsive, except as provided under the Americans with Disabilities Act.

9.1. Pricing Instructions

9.1.1. Submission Process

Log into your OpenGov account, navigate to the relevant solicitation, click

“Draft Response,” complete the requested information, upload required attachments, and submit.

9.1.2. Unit and Extended Prices

Enter unit prices for each item, if applicable. In case of discrepancies between unit prices and extended prices, the unit prices will prevail.

9.1.3. Inclusive Pricing

Prices quoted must include all associated costs such as shipping, delivery, unpacking, setup, installation, testing, cleanup, training, and travel. No additional charges beyond those listed on the price sheets will be accepted.

10. Binding Submissions

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

11. Late Submissions

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

3.11. Conformance to Solicitation

1. Compliance with Mandatory Requirements

All submissions must conform to the material and mandatory requirements outlined in this

Solicitation. However, the City reserves the right to waive irregularities at its discretion without prior notice or the issuance of a written addendum.

If a Contractor wishes to submit an Offer that would require the City to waive, alter, or omit a material or mandatory requirement, the Contractor must first submit a written request to the

City to amend the Solicitation. Such requests must follow the process outlined in the

“Interpretations of Solicitation and Addenda” section of this Solicitation.

If the City agrees, at its sole discretion, to amend, alter, or waive the requirement, the City will issue a written addendum to notify all prospective participants of the change.

2. Submitting Requests for Waivers or Amendments

Requests to waive, alter, or amend a mandatory requirement must be submitted as a written question that can be addressed in an addendum issued to all participants.

Important Note:

This process does not require participants to submit their complete Proposal prior to the due date. Instead, it is a mechanism for requesting a waiver or amendment to a mandatory requirement that is necessary to enable submission of the intended Proposal.

3.12. Modification and Withdrawal of Submissions

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.

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:

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

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

3.13. Submission Responsibility

Except as provided under the Americans with Disabilities Act for individuals requiring special accommodations, it is the sole responsibility of the Contractor to ensure that submissions are electronically uploaded through the designated portal before the specified date and time.

Submissions by telephone, email, or hard copy will not be accepted under any circumstances.

3.14. Opening Submissions for Non-Construction

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

Constitution.

3.15. 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.

3.16. Evaluation and Award Process

1. Initial Review of Submissions

Procurement Services will conduct an initial review of all submittals to ensure preliminary qualification and compliance with documentation requirements. This review may include but is not limited to

1.1. Verification of answers to required questions.

1.2. Confirmation of professional licensing.

1.3. Evaluation of references.

1.4. Review of bonding documents, if required.

1.5. Assessment of other relevant criteria.

2. Departmental Analysis

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

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

3. 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.

4. Recommendation and Notice of Intent to Award

The Department Representative will email their recommendation to the Procurement

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

Note: A Notice of Intent to Award does not constitute a contract. Final approval and authorization rest with the City Council.

5. Evaluation of Contractor's Capabilities

The City reserves the right to evaluate the following aspects of each Contractor prior to making an award:

5.1. Financial capability,

5.2. Reputation and integrity,

5.3. Skill and business experience,

5.4. Quality of performance on similar projects.

6. Additional Research

The City may conduct any necessary research to assist in evaluating submissions and determining the responsibility, qualifications, and financial capability of 1) Contractor, 2)

Proposed Subcontractor and Supplier. 3) 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.

3.17. Reserved Rights

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

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

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

Fort Myers Police Department.

2. Flexible Award Options

The City reserves the right to

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

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

3. Rejection of Submittals

The City reserves the right to

3.1. Reject any and all Submissions;

3.2. Waive any and all informalities;

3.3. Negotiate contract terms with the Successful Contractor;

3.4. Disregard nonconforming, non-responsive, unbalanced, or conditional submittals;

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

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

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

3.18. 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

3.19. Award of Contract for Invitation to Bids

1. Purchase Order

The Purchase Order (PO) issued by the City to the selected Contractor within the time specified for acceptance, in conjunction with the contract, establishes a binding contract without further action by either party. The contract will include this Solicitation, any addenda, the Contractor’s submittal, and the established Purchase Order. This Contract shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any legal action arising out of or relating to this contract shall be in a court of competent jurisdiction located in Lee

County, Florida.

2. Formal Award

2.1. General Provisions. Contracts will be awarded in accordance with the City’s

Procurement Code, Section 38-61 of the City of Fort Myers Code of Ordinances.

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

3. Multiple Awards

The City reserves the right, at its sole discretion, to award the work described herein to more than one responsive and responsible Contractor. In cases of multiple awards, the City will apportion work among the selected Contractor as it deems appropriate. No minimum amount or proportion of work is guaranteed to any single Contractor or class of Contractor.

3.20. Form of Contract

The City’s intended format for the awarded Contract is incorporated into this solicitation. However, any exceptions to the terms of this standard Contract must be clearly indicated in the Contractor’s submittal. The Contractor acknowledges that exceptions may affect the evaluation of their submittal.

1. Formatting Adjustments

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

2. City’s Right to Modify Contract Language

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.

3.21. 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 the City of Fort Myers Procurement Services, sign and enter into a Contract with the City. Simultaneously, the Contractor must provide:

1) Any required bonds;

2) Indemnities; and

3) Updated insurance certificates as specified in the Solicitation.

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

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

In accordance with Florida Statute Chapter 287.05701, an awarding…