ITB 26-029

Legacy Island Phase II

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

Legacy Island Phase II, ITB 26-029

TABLE OF CONTENTS

1. INTRODUCTION

2. PROJECT DETAILS / SCOPE OF WORK

3. INSTRUCTIONS

4. CONSTRUCTION SUPPLEMENTAL CONDITIONS

5. SPECIAL CONDITIONS

6. SOLICITATION TERMS AND CONDITIONS

7. CONTRACT TERMS AND CONDITIONS

8. INSURANCE

9. DEFINITIONS

10. SUBMISSION QUESTIONNAIRE

11. SCHEDULE OF VALUES

12. Draft Contract 25

1. INTRODUCTION

1.1. Summary

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

Construction of Phase II of Legacy Island Park, a City park facility located on an island, upstream of the Business 41 bridge in the Caloosahatchee River. Construction includes a five-slip docking facility, an overwater observation pier, two 16' x 16' gazebos, and signage.

Legacy Island Park is being created by the City of Ft. Myers as a testament to the Dean Family and their contribution of park land to the city. The island is proposed as a recreational destination for boaters seeking a better mooring situation than anchoring out or beaching. This opens up the island for a greater variety of boaters stopping off for a picnic, to explore, or simply rest before pushing on by creating more convenient (and safer) access to the island.

The project was broken down into two phases, the first clearing and improving the upland, installing shoreline stabilization, and planting mangroves which was completed in the summer of 2024. The park survived the onslaught of Hurricane Milton and the restoration continues to thrive. The second phase is the in-water work that includes the observation deck and boat dock. The island is considered part of the blue way in Ft. Myers with access from the downtown

Yacht basin and upstream recreational facilities in Shady Oaks Park on Billy’s Creek.

Improvements to Legacy Island Park will provide a unique recreational boating opportunity to the public. The day use docks at the park will provide safe mooring for boaters to explore the island, relax along its shores and shallows, while increasing accessibility for lower mobility citizens who may otherwise not be able to enjoy the river waters off the stern of a boat.

1.2. Advertisement

ITB 26-029 Legacy Island Phase II

The City of Fort Myers is seeking submittals for ITB 26-029 Legacy Island Phase II. Submissions must be received electronically on or before Tuesday, April 7, 2026 at 2:00 pm. Interested participants are encouraged to download the solicitation documents. For more details visit https://procurement.opengov.com/portal/cityftmyers

CITY OF FORT MYERS

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

Mary Hagemann, City Clerk RUN DATES: Friday, February 20, 2026

1.3. Contact Information

Direct inquiries to the following:

Procurement Representative Name

Cathy Scott, Senior Procurement Specialist

2200 Second Street

Fort Myers, FL 33901

Email: cscott@fortmyers.gov

Phone: (239) 321-7235

Requesting Department:

Engineering (Public Works)

1.4. OpenGov Portal

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

1.5. Timeline

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

Solicitation Release Date: February 20, 2026

Pre-Submittal Meeting (Non-Mandatory): March 2, 2026, 10:00am

City Hall

Question Submission Deadline: March 19, 2026, 2:00pm

Submission Deadline: April 7, 2026, 2:00pm

Proposed City Council Approval Date: April 6, 2026

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 as stated in the 'timeline'.

2. PROJECT DETAILS / SCOPE OF WORK

2.1. Mandatory Minimum Qualifications

2.1. The Contractor shall hold any necessary license(s) authorizing them to do business in the

State of Florida.

2.2. Contractor shall have been in business under the current company/firm name for a minimum of five (5) consecutive years prior to the date of submission.

2.3. 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.

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

2.4.1. Judgments: Any court decisions against them.

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

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

(actions that are morally reprehensible).

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

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

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

Contract and any contract renewals.

2.2. Scope of Work

Legacy Island Phase II

Summary

The City of Fort Myers, FL is seeking qualified contractors to undertake the construction of

Legacy Island Phase II. This project involves the construction of a five-slip boat dock, an over-water observation pier, two gazebos, and associated signage. The goal is to enhance the recreational facilities available to residents and visitors, providing safe and aesthetically pleasing structures that meet all relevant standards and regulations.

Deliverables:

Construct a fixed timber mooring dock from the southwest shoreline of Legacy Island with the following minimum specifications:

• A terminal mooring platform sixty-five (65 ) feet long and five (5) feet wide with a composite decking surface.

• Twelve (12) twelve (12) inch diameter mooring piles, protected with pile wrapping, to accommodate five (5) recreational vessels.

• A one hundred and eighty (180) foot long and five (5) foot wide access dock.

Construct a fixed timber observation pier from the southeast shoreline of Legacy Island with the following minimum specifications:

• A observation platform twenty (20) feet long and to feet wide with a composite decking surface.

• A eighty (80) foot long and four (4) foot wide access dock.

• Forty-two (42) inch high handrail around the perimeter of the pier.

Construct two (2) 16' x 16' gazebos with the following minimum specifications:

• Four (4) twelve (12) inch pilings.

• Pressure treated roof construction with galvanized ribbed metal sheathing and drip edge.

• Alternatively a SRP SQUARE 16 gazebo by Superior Recreational Products, as approved by the City.

Install thirteen (13) signs as described below:

• Two (2) interpretive signs approved by FWC educating the public on protecting local marine wildlife.

• No Fishing signs, one (1) on each side mid-dock on mooring dock, one (1) T-dock of mooring dock, one (1) on each side of access pier on observation pier, one (1) on observation platform of observation pier, six (6) total.

• No Mooring signs, one (1) each side of access pier, facing out, two (2) total.

• Emergency Use Only sign, terminal platform of mooring dock, facing out, one (1) total

• Paddle Craft Only, No Motor Vessels sign, one (1) each at the waterside entrance to the protected sandy beach areas, two (2) total.

• The contractor shall provide photographs documenting installed signage upon completion of the project.

By submitting a bid, the contractor acknowledges that they have read and understood the scope of work and agree to comply with all requirements and specifications outlined in this document. In the event of conflict, plans and specifications shall govern over narrative scope.

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. 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

3.3. 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.

3.4. 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 will not be held liable for any issues arising from incorrect or incomplete contact information.

3.4.1. Use of Official Solicitation Documents

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

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

3.4.2. Purpose of Solicitation Documents

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

3.4.3. Right to Cancel

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

https://www.cityftmyers.com/1171/Procurement-Services

3.5. Responsibilities of the Contractor

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

3.5.1. Download Official Solicitation Documents

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

3.5.2. 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.

3.5.3. Following the Project/Solicitation

Contractors who intend to submit a bid are encouraged to "follow" the project. By doing so, you will be notified by email of communications relating to the project.

3.5.4. Review Addenda & Notices

It is the responsibility of the Contractor to review, understand, and factor into their bid all addenda and answers to questions that are submitted via the OpenGov portal. See "Questions and Addenda Guidelines".

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

3.5.5. 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.

3.5.6. Correlate Observations with the Solicitation Documents

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

3.5.7. 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.

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

3.5.8. Review the Draft Contract

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

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

mailto:procurementservices@fortmyers.gov

• Any exceptions to the standard contract should be submitted as a question in the Q&A module before the question deadline. If the question deadline has passed, exceptions should be clearly noted in the Submission Questionnaire.

3.5.9. Right to Modify Contract

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

3.6. Questions and Addenda Guidelines

3.6.1. Submission of Questions

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

3.6.2. Authority of Addenda and Revisions

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

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

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

3.6.3. Modification of Solicitation Documents

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

3.7. 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.

3.8. 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.

3.9. Submittal Preparation

3.9.1. Preparation of Response

Contractor shall prepare their responses in a clear and concise manner, ensuring that all required content is complete. Special attention should be given to the specific information, instructions, and requirements outlined in the solicitation document to ensure responsiveness.

Incomplete responses or those lacking key information may be rejected. To facilitate the review process, each section or tab of the response should be properly labeled to correspond with the solicitation requirements.

3.9.2. Incurred Expenses

The City is not responsible for any expenses incurred by Contractor in the preparation and submission of their bids, including costs associated with presentations or other activities related to the solicitation process.

3.9.3. Proprietary Information

• 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.

• 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 for Invitation to Bids

3.10.1. Official Submission Portal

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

3.10.2. Submission Requirements and Instructions

Contractor is responsible for uploading their submittals directly into the OpenGov portal. The representative authorized to bind the Contractor to the submittal must sign the qualification statement. A submittal is considered timely only if received through the OpenGov portal by the https://fortmyers.gov/DocumentCenter/View/14396/City-of-Fort-Myers-Procurement-Policy-PDF https://www.fortmyers.gov/1515/Procurement-Ordinances 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 as described in section 3.2, all bids must be submitted electronically.

3.10.3. Instructions for Uploading Submissions

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

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

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

3.10.4. 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.

3.10.5. Required Documents

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

3.12.6. Corporate Submittals

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

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

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

3.10.7. Partnership Submittals

Must be executed in the partnership name and signed by a partner. The title of the signing partner must appear under the signature, and the official address of the partnership must be included below the signature.

3.10.8. Litigation History

The Contractor must disclose whether they are involved in any current litigation or have any outstanding judgments. Include relevant details in the submittal.

3.10.9. Proprietary Information

Public Records and Confidentiality

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

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.

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.

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.

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.

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.

3.10.10. Electronic Pricing Form Instructions

All submittals must be completed through the OpenGov portal.

Pricing Instructions

Submission Process

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

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

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.

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.

3.10.11. Binding Submissions

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

3.10.12. 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

3.11.1. 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.

3.11.2. 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.

3.12. Modification and Withdrawal of Submissions

3.12.1. Modifying or Withdrawing Submissions

Submissions may be modified or withdrawn by the Contractor through the OpenGov portal at any time before the opening of the Solicitations.

3.12.2. Withdrawal Due to Material Mistake

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

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

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

3.13. Opening Submissions for Construction

Construction-related submittals 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 submittal, if applicable, will be announced aloud.

3.13.1. Instructions to Join the Solicitation Opening Virtual Meeting

• Select a Method to Join Choose the preferred method provided in the Solicitation document.

• Join the Virtual Meeting Use the link or access details provided in the "Introduction" section to join the virtual Bid Opening session.

• Note Sessions will be recorded. To ensure a smooth process, participants are asked to turn off their cameras and mute their microphones before joining the meeting.

3.13.2. Opportunity to Speak

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.

3.14. Irrevocable Offer

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

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

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

3.15. Award Process for Invitation to Bids

3.15.1. Initial Review of Submissions

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

• Verification of answers to required questions.

• Confirmation of professional licensing.

• Evaluation of references.

• Review of bonding documents, if required.

• Assessment of other relevant criteria.

3.15.2. Departmental Analysis

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

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

3.15.3. Optional Discussions

At the City’s discretion and in its best interest, the City may engage in discussions with the

Contractor to clarify their submissions.

3.15.4. Recommendation and Notice of Intent to Award

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.

3.15.5. Evaluation of Contractor's Capabilities

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

• Financial capability,

• Reputation and integrity,

• Skill and business experience,

• Quality of performance on similar projects.

3.15.6. Additional Research

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

• Contractor,

• Proposed Subcontractor and Supplier.

• Other relevant persons or organizations.

This evaluation will ensure all parties are able to perform the work outlined in the Contract

Documents to the City’s satisfaction within the prescribed timeline.

3.16. Reserved Rights

3.16.1. Request for Additional Information

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

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

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

Fort Myers Police Department.

3.16.2. Flexible Award Options

The City reserves the right to

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

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

3.16.3. Rejection of Submittals

The City reserves the right to:

• Reject any and all Submissions;

• Waive any and all informalities;

• Negotiate contract terms with the Successful Contractor;

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

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

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

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

3.17. 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.

3.18. Award of Contract for Invitation to Bids

3.18.1. Purchase Order

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

3.18.2. Formal Award

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

• 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.

• 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.

3.18.3. 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.

3.19. 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.

3.19.1. Formatting Adjustments

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

3.19.2. 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.

3.20. Execution of Contract from a Formal Award

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

• Any required bonds;

• Indemnities; and

• Updated insurance certificates as specified in the Solicitation.

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

668.50)

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

3.21. Debriefing of Bidders

Not later than thirty (30) days after City Council approval of a selection, a proposer may submit a written request to the applicable contracting agent for a debriefing on the procurement process. The contracting agent will schedule a meeting with the Proposer for the debriefing.

However, at the Proposer’s request, the debriefing may be conducted via telephone conference.

The debriefing shall include the following minimum information:

Untimely debriefing requests will also be considered.

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

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

• Requesting documentation of or considering a Contractor’s social, political, or ideological interests when determining whether the Contractor is responsible.

• Giving preference to a Contractor based on their social, political, or ideological interests.

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

3.23. Identification of Variances

The Contractor must clearly identify any variances from the Solicitation requirements, no matter how minor. Any exceptions to the scope of work must be specifically noted and thoroughly explained in the Contractor’s questionnaire. If no variances are identified in the submittal, the

City will assume that:

• The materials, equipment, or services offered fully comply with the Solicitation specifications.

• 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.

3.24. Cone of Silence

Contractor to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the City posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee of the city concerning any aspect of this solicitation, except in writing to the Procurement Officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response.

4. CONSTRUCTION SUPPLEMENTAL CONDITIONS

4.1. Availability of lands; physical conditions, reference points

4.1.1. Availability of lands

The City shall provide, as indicated in the Contract Documents and not later than the date when needed by the Contractor, the lands upon which the Work is to be done, rights of way and easements for access, and such other lands which are designated for the use of the

Contractor. Easements for permanent structures, or permanent changes in existing facilities, will be secured and paid for by the City, unless specified otherwise in the Contract Documents.

If the Contractor believes that any delay in the City’s furnishing of these lands entitles them to an extension of time, they may submit a claim under the ‘Changes’ provision. The Contractor shall provide all additional lands, and access, that may be required for temporary construction facilities or storage of materials and equipment.

The Contractor shall not (except after written consent from the property owner) enter or occupy with workers, tools, or equipment any land outside the rights of way or property of the landowner. A copy of the written consent shall be given to the City.

4.1.2. Surveys; Soil Borings

The City will, upon request, furnish to the Contractor copies of available boundary surveys and will establish or indicate such general reference points as in their judgment will enable the

Contractor to proceed with the Work.

The Contractor shall provide all surveys necessary for construction of the work, and to ensure proper record keeping, and as required for the performance of the Work. All Work shall be done to the lines, grade, and elevations shown on the Plans. Any Work done without being properly located may be ordered removed and replaced at the Contractor’s expense.

The City may, in its sole discretion, check from time to time the reference marks, lines, grades, and measurements established by the Contractor, but their exercise or failure to exercise such right, shall not relieve the Contractor of their obligations under the preceding paragraph.

The Contractor shall carefully preserve benchmarks, reference points, and stakes. In the case of willful or careless destruction, they shall be charged with the resulting expense and shall be responsible for any mistake that may be caused by their unnecessary loss or disturbance.

The City may have, for its own use, made borings at or near the site of the Work. Any boring data shown in these Contract Documents is presented only as information which indicates certain conditions found and limited to the exact locations and on the dates indicated. Any interpretations or conclusions drawn by the Contractor from such data shall be their own, and the City makes no representation or guarantee concerning the accuracy or completeness of such data. The Contractor shall be responsible for making their own determination of water table variations prior to submitting and shall not assume that any water levels shown by the aforesaid boring data will necessarily be maintained at the level indicated.

4.1.3. Physical Conditions

Contractor Research, The Contractor acknowledges that they have researched prior to submitting and satisfied themselves as to the conditions affecting the Work including, but not restricted to, those bearing upon transportation, disposal, handling, and storage of materials, availability of labor, water, electric power, roads, and uncertainties of weather, river stages, tides, water tables, or similar physical conditions at the site, the conformation and conditions of the ground, the character of equipment and facilities needed preliminary to and during execution of the Work. The Contractor further acknowledges that they have satisfied themselves as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered as this information is reasonably ascertainable from an inspection of the site, including the making of borings, and from examination of all exploratory work done by the City, if any, on the site or any contiguous site, as well as from information presented by the Drawings and Specifications made a part of this Contract, or any other information made available to them prior to receipt of Solicitations. Any failure by the Contractor to acquaint themselves with the available information will not relieve their from responsibility for estimating properly the difficulty or cost of successfully performing the Work. The City assumes no responsibility for any conclusions or interpretations made by the Contractor on the basis of the information made available by the City. No oral representations by any persons respecting such conditions shall in any manner be binding upon the City.

Removal of Debris - Unless otherwise stated, the Contractor shall be fully responsible for the removal of any materials, debris, garbage, vehicles or other such items, which would interfere with the undertaking and completion of the project. By submission of a Solicitation, the

Contractor assumes full responsibility for the expenses associated with such removal. There shall not be an increase in time or price associated with such removal.

Encroachments - The Contractor shall be responsible for any encroachments on rights-of-way or property of the public, or adjoining property, and shall hold the City harmless because of any encroachments, which may be a result of their lack of proper layout. They shall, without extra cost to the City, remove any Work or that portion of any Work that encroaches on the property of others, or that is built beyond legal building or setback limits, and they shall rebuild the affected Work or portion of Work at the proper location and in full compliance with the Contract

Documents.

4.1.4. Differing Site Conditions

The Contractor shall immediately, upon discovery, notify the City in writing of: (1) subsurface or latent physical conditions or unknown physical conditions at the site differing materially from those indicated in this Contract. The City shall promptly investigate the conditions, and if they find that such conditions do materially so differ and cause an increase or decrease in the

Contractor’s cost of, or the time required for, performance of any part of the Work under this

Contract an equitable adjustment shall be made, and the Contract modified accordingly, in writing.

No claim of the Contractor under this clause shall be allowed unless the Contractor has given the notice required in the preceding paragraph; provided, however, the time prescribed therefore may be extended by the City.

No claim by the Contractor for an equitable adjustment hereunder shall be allowed if asserted after Final Payment under this Contract.

4.1.5. Utilities and Other Obstructions

It shall be the sole responsibility of the Contractor in the performance of the Contract to locate and avoid all utilities, other structures, and obstructions whether located below or above the surface of the ground. For that purpose, they shall employ all necessary precautions and methods to prevent damage to utilities, other structures, and obstructions. In the event such damage does occur, the Contractor shall be solely liable, and they shall notify the affected utility or structure owner immediately, make or have made all necessary repairs, and bear the expenses and all damage caused. They shall reimburse the Utility Company for all their costs incurred in the repair of damage.

Shown or Indicated - Certain information relating to piping and underground utilities and structures, such as gas mains, water mains, and electric duct lines, has been gathered by the City for its purposes, and has been shown on the Plans for the convenience of the

Contractor that may use at their own risk. Any interpretations or conclusions drawn by the

Contractor from the Plans shall be their own. The City is not responsible for, nor make any representations or guaranty, concerning the accuracy or completeness of such data.

Not Shown or Indicated - If an underground facility is uncovered or revealed at the site, which was not shown or indicated in the Contract Documents and which the Contractor could not reasonably have been expected to be aware of, the Contractor shall, promptly after becoming aware and before performing any Work (except in an emergency), identify the type of such underground facility and give written notice to that City of the utility and to the City. City will promptly review the underground facility to determine the extent to which the Contract

Documents should be modified to reflect and document the consequences of the existence of the underground facility. The Contract Documents will be amended or supplemented to the extent necessary. During such time, the Contractor may be responsible for the safety and protection of such underground facility. The Contractor shall be allowed an increase in the

Contract Price, or an extension of the Contract Time, or both, to the extent that they are attributable to the existence of any underground facility that was not shown or indicated in the

Contract Documents, and which the Contractor could not reasonably have been expected to be aware of. If the parties are unable to agree as to the amount or length, the Contractor may make a claim as provided in Articles "Change in Amount" and "Change in Time".

Archaeological Findings: If an Archaeological Artifact is unearthed during excavation operations, the Contractor shall immediately suspend excavation and notify the City. City will take action as described below:

If findings are material artifacts such as fire rings, pottery, arrow points, etc., City will notify

State Archaeological Office for a determination. Contractor’s operations within ten feet of the find will be suspended until the site is cleared by the State Archaeological Office.

If findings are human, the City will notify local law enforcement authorities for a determination of a possible crime scene and notify the State Archaeological Office. Local law enforcement authorities will determine the limits of the Contractor(s) continued operations until their investigation is completed. Once cleared by Local Law Enforcement authorities, a 20’ non-working zone will be established around the find until the site is investigated and cleared by the

State Archaeological Office.

At all times, the Contractor shall cooperate with the City, local law enforcement authorities, the

State Archaeological Office and others, to assist their investigation and preserve historical

Floridian artifacts.

Other than identification of the find as a crime scene, the Contractor’s operations may continue outside of the zones described above, unless specifically directed otherwise by the City. In the event of a crime scene determination, the limit of Contractor’s operations shall be determined by the local law enforcement authorities.

The Contractor may not make a claim for extra work or delays caused by Archaeological or crime scene research, which delay or suspend operations for 24 hours or less. The hourly or daily rate for additional costs, claims for extra work, or delays beyond the first 24 hours, shall be negotiated with the City prior to occurrence of the claim.

4.1.6. Reference Points

The City shall provide engineering surveys to establish base reference points for construction, which in the City’s judgment, are necessary to enable the Contractor to proceed with the Work.

The Contractor shall be responsible for all other surveying required and for laying out the Work

(unless otherwise specified in the Contract Documents), shall protect and preserve the established reference points, and shall make no changes or relocations without the prior written approval of the City. The Contractor shall report to the City whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel.

4.2. Bonds and Insurance

4.2.1. Bid Bonds

Submittals must be accompanied by a Solicitation surety of not less than five percent (5%) of the Solicitation amount, made payable to the City. Said surety shall be in the form of a

Solicitation bond or cashier’s check on a national or state bank, executed by the Contractor, and a qualified surety authorized to do business in the State of Florida, and acceptable to the City, as guarantee, that the Contractor will enter into a contract with the City within fifteen (15) calendar days after written notice of award. Bid bonds can be on any form for that purpose

(i.e. AIA)

4.2.2. Performance, Payment and Other Bonds (F.S. 255.05)

The Contractor shall, within ten (10) calendar days after award of Solicitation by City Council, furnish the City with a Performance Bond, a Payment Bond and applicable Certificates of

Insurance acceptable to the City. Each Bond shall be equal to the amount of the Contract Price conditioned upon the performance by the Contractor of all undertakings, covenants, terms, conditions, and Contracts of the Contract Documents, and upon the prompt payment by the https://www.flsenate.gov/Laws/Statutes/2021/255.05

Contractor of all persons supplying labor and materials in the execution of the Work provided by the Contract Documents. These Bonds shall remain in effect at least until one (1) year after the date when Final Payment becomes due, except as otherwise provided by law or regulation or by the Contract Documents. The Contractor shall also furnish such other Bonds as may be required by the Special Conditions.

All Bonds shall be in the forms prescribed by law or regulation or by the Contract Documents and shall be executed by the Contractor and a corporate bonding company acceptable to the

City and licensed to transact such business in the State of Florida and named on the current list of “Surety Companies Acceptable on Federal Bonds” as published in the Treasury Department’s

Circular No. 570 as amended. The expense of these Bonds shall be borne by the Contractor. If at any time a Surety on any such Bond is declared bankrupt or loses its right to do business in the state in which the Work is to be performed, or is removed from the list of surety companies accepted on federal bonds, the…