Michigan_Avenue_Utility_Improvement_Project_(Addendum_#2_Revision).pdf

ITB 26-104

Michigan Avenue Utility Improvement Project

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

Michigan Avenue Utility Improvement Project, ITB 26-104

TABLE OF CONTENTS

1. INTRODUCTION

2. SCOPE OF WORK (SPECIFICATIONS)

3. SUBMITTAL GUIDELINES

4. INSURANCE

5. SPECIAL CONDITIONS

6. GENERAL TERMS & CONDITIONS

7. DEFINITIONS

8. BID SCHEDULE / SCHEDULE OF VALUES

9. SUBMITTAL QUESTIONNAIRE

1. INTRODUCTION

1.1. Advertisement

ITB 26-104 Michigan Avenue Utility Improvement Project

The City of Fort Myers is seeking submittals for ITB 26-104 Michigan Avenue Utility Improvement

Project. Submittals must be received electronically on or before Monday, October 26, 2026 at

2:00 pm EST. Interested participants are encouraged to download the solicitation documents. For more details visit: https://procurement.opengov.com/portal/cityftmyers.

CITY OF FORT MYERS

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

Lily Baker, City Clerk RUN DATES: Thursday, September 24, 2026

1.2. 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:

Public Utilities

1.3. Cone of Silence

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

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

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

https://procurement.opengov.com/portal/cityftmyers

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. Respondents are strongly encouraged to read the various Guides and Tutorials available in OpenGov well in advance of their intention of submitting a response to ensure familiarity with the use of OpenGov. The City will not be responsible for submittal failures caused by the Respondent’s equipment or internet connectivity. In the event of a documented system-wide OpenGov outage, the City reserves the right to extend the deadline by addendum.

1.5. Timeline

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

Release Project Date: September 24, 2026

Pre-Proposal Meeting (Non-Mandatory): October 6, 2026, 9:00am

Fort Myers City Hall Engineering Conference

Room B

2200 Second Street, Fort Myers, FL 33901 or virtually

Join:

https://teams.microsoft.com/meet/2456704

00655419?p=5kLZIZ23YdO5yJlu38

Meeting ID: 245 670 400 655 419

Passcode: R5oJ7WP9

Dial in by phone

+1 239-205-3327,984165862# United

States, Cape Coral

Find a local number

Phone conference ID: 984 165 862#

Question Submission Deadline: October 13, 2026, 4:00pm https://procurement.opengov.com/portal/cityftmyers https://teams.microsoft.com/meet/245670400655419?p=5kLZIZ23YdO5yJlu38 https://teams.microsoft.com/meet/245670400655419?p=5kLZIZ23YdO5yJlu38

Response Submission Deadline: October 26, 2026, 2:00pm

Join:

https://teams.microsoft.com/meet/2802332

00170410?p=5cfFvaepQwr94hoe0H

Meeting ID: 280 233 200 170 410

Passcode: Eo6oz3uB

Dial in by phone

+1 239-205-3327,,447514577# United

States, Cape Coral

Find a local number

Phone conference ID: 447 514 577#

Proposed City Council Approval: November 16, 2026, 4:30pm

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'.

1.7. Summary

The City of Fort Myers (City) requests submittals from interested and qualified Contractors to provide Construction Services for the replacement of sanitary sewer, water mains, storm drainage, conveyance systems, the drainage bridge culvert, streets, sidewalks, and all associated work shown or required by the Contract Documents.

1.8. Background

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

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

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

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

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

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

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

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

https://teams.microsoft.com/meet/280233200170410?p=5cfFvaepQwr94hoe0H https://teams.microsoft.com/meet/280233200170410?p=5cfFvaepQwr94hoe0H

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.

The City of Fort Myers owns and maintains public roadway and utility infrastructure along

Michigan Avenue, located between Seaboard Street and Veronica S Shoemaker Boulevard.

In 2024, the City hired an engineering firm to provide engineering services including, but not limited to: Site survey, Roadway plans, Drainage and Storm Water plans, Signing and Marking plans, and Utility Replacement plans.

2. SCOPE OF WORK (SPECIFICATIONS)

2.1. Mandatory Minimum Qualification Documentation

The Respondent shall provide clear, complete, and specific documentation demonstrating compliance with all mandatory minimum qualification requirements identified in this solicitation.

Documentation shall be submitted in accordance with the requirements specified in the

Submittal Questionnaire.

Required Documentation. The Submittal Questionnaire identifies the documents and information required to demonstrate compliance with the mandatory minimum qualification requirements.

Failure to provide any required documentation by the submittal deadline, or failure to demonstrate compliance with a mandatory requirement, may result in the Respondent's submittal being deemed non-responsive and rejected from further consideration.

2.2. Scope of Work

Replacement of the aging infrastructure includes, but is not limited to, the sanitary sewer, water mains, storm drainage conveyance system, drainage bridge culvert, streets and sidewalks. See attachments for Technical Specifications and plans.

In the event of a conflict among the Contract Documents, the order of precedence stated in the

Contract shall govern. Respondents shall submit any apparent discrepancy through the

OpenGov Q&A process before the question deadline.

3. SUBMITTAL GUIDELINES

3.1. Application of Submittal Guidelines

The guidelines set forth in this Section establish the procedures and requirements applicable to the submission of a response. Unless expressly identified elsewhere in the solicitation as a basis for determining responsiveness, responsibility, or evaluation, the requirements in this section are not independent evaluation criteria.

Mandatory submission requirements and other requirements identified in the solicitation as affecting responsiveness or responsibility shall be applied in accordance with the terms of the solicitation. Any applicable evaluation criteria and their relative weighting or method of application will be identified in the solicitation separately.

3.2. Procurement Information and Official Solicitation Portal

Procurement is the official source for information regarding City solicitations. Solicitation documents, addenda, responses to questions, notices, and other official communications will be made available through the City’s OpenGov Procurement Portal.

Respondents are responsible for obtaining the solicitation documents from OpenGov, providing accurate and current contact information, monitoring the portal for updates, and reviewing all solicitation documents, addenda, and published responses to questions. Respondents are encouraged to “Follow” the solicitation in OpenGov to receive available notifications.

The City is not responsible for errors, omissions, or misinterpretations resulting from the use of incomplete, outdated, unofficial, or unauthorized solicitation documents or inaccurate or incomplete Respondent contact information.

The City reserves the right to issue an award or recommendation of award at any time following the scheduled opening date, in accordance with the requirements of the solicitation.

3.3. Respondent Responsibilities

Before submitting a response, each Respondent shall carefully examine all solicitation documents, specifications, attachments, exhibits, and other applicable information and shall satisfy itself as to the requirements of the solicitation.

Respondents are responsible for determining the effect of all applicable federal, state, and local laws, ordinances, codes, regulations, and other requirements on the cost, schedule, performance, and execution of the work or services.

Any conflict, error, omission, ambiguity, or discrepancy identified in the solicitation documents shall be submitted through the OpenGov Q&A module before the deadline for questions.

Respondents shall not rely on oral statements, interpretations, or information obtained from sources other than official written communications issued by the City.

By submitting a response, the Respondent acknowledges that it has reviewed the solicitation documents and all applicable addenda, revisions, and official responses to questions and has considered them in preparing its response.

3.4. Questions and Addenda

All questions regarding the meaning, interpretation, or intent of the solicitation shall be submitted through the OpenGov Q&A module by the deadline specified in the solicitation timeline.

All official interpretations, clarifications, revisions, and modifications to the solicitation shall be issued in writing through OpenGov, including through addenda and published responses to questions. Such addenda, revisions, and responses shall become part of the solicitation and, as applicable, any resulting contract.

No oral interpretation or clarification shall be binding on the City. Respondents are responsible for reviewing all addenda, revisions, and official responses issued through OpenGov. Failure to review or comply with such information shall not relieve the Respondent of its obligations under the solicitation or any resulting contract.

The City reserves the right to issue addenda or otherwise modify the solicitation as necessary.

Respondents are encouraged to attend any scheduled pre-submittal meeting.

3.5. Submission Instructions

All responses shall be submitted electronically through the City’s OpenGov Procurement Portal in accordance with this solicitation.

The Response shall be executed by an officer or other individual authorized to legally bind the

Respondent. The Respondent shall provide the authorized signer’s name, title or position, and any other information required by the Submittal Questionnaire to establish or demonstrate such authority.

The individual who electronically uploads or submits the Response through the City’s OpenGov procurement system is not required to be an officer or authorized signatory of the Respondent and may act solely in an administrative capacity on behalf of the Respondent.

The Response shall identify the Respondent’s full legal name and, if applicable, any trade name, fictitious name, or doing-business-as (DBA) name under which the Respondent conducts business. A Response may be submitted under a trade, fictitious, or DBA name; however, the underlying legal entity or individual shall be clearly identified and shall be the party legally responsible for the Response and any resulting Contract.

Respondents shall provide their official business address and, as applicable, state of incorporation, formation, registration, or organization, Florida registration information, W9/W8 and any other business identification information required by the solicitation.

A response shall be considered timely only if it is fully received through the OpenGov portal on or before the exact date and time specified in the solicitation timeline. The date and time recorded by OpenGov shall constitute the official time for determining whether a response was timely received. The portal will not accept responses after the submission deadline.

Respondents are solely responsible for allowing sufficient time to complete the electronic submission process and for verifying that all required information and documents have been uploaded and the response has been successfully submitted.

Respondents shall clearly identify any exception, deviation, qualification, or variance from the requirements of the solicitation, regardless of whether the Respondent considers it material or minor. Any exception to the Scope of Services, specifications, terms and conditions, or other solicitation requirements shall be specifically identified and explained in the Submittal

Questionnaire.

If no exceptions, deviations, qualifications, or variances are identified, the City will understand the Respondent’s response to represent that the proposed materials, equipment, products, and services fully comply with the solicitation requirements and that the Respondent agrees to the terms and conditions of the solicitation and Draft Contract, subject to any modifications expressly authorized by the solicitation or subsequently agreed to by the City.

Failure to disclose an exception, deviation, qualification, or variance may result in the

Respondent being required to comply fully with the solicitation requirements and may result in the response being deemed non-responsive, rescission of award or intent to award, as applicable.

The City is not responsible for any costs or expenses incurred by a Respondent in preparing or submitting a response, including costs associated with presentations, interviews, demonstrations, negotiations, site visits, or other activities related to the solicitation process.

3.6. Modification and Withdrawal of Responses

A Respondent may modify or withdraw its response through the OpenGov portal before the submission deadline, subject to the requirements of the solicitation.

For Invitations to Bid, a Respondent may request withdrawal of a response based on a material and substantial mistake by submitting a duly executed written request to Procurement within twenty-four (24) hours after the bid opening. The request shall demonstrate, to the reasonable satisfaction of Procurement, that the mistake occurred in the preparation of the response.

If withdrawal is approved, applicable bid or submittal security shall be returned, and the

Respondent shall not participate in the award or performance of the work associated with the withdrawn response.

3.7. Accessibility

Persons with disabilities requiring reasonable accommodations to participate in the solicitation process should contact Procurement at least seven (7) days before the accommodation is needed.

Procurement Services

2200 Second Street

Fort Myers, FL 33901

Email: ProcurementServices@fortmyers.gov

Phone: (239) 321-7240 mailto:ProcurementServices@fortmyers.gov

Accessibility requirements applicable to contract deliverables or performance shall be addressed in the applicable Scope of Services, specifications, or Contract.

3.8. Public Records and Proprietary Information

All responses and other records received by the City in connection with this solicitation are subject to Florida’s Public Records Law, Chapter 119, Florida Statutes, and other applicable law.

A Respondent claiming that information contained in its response is exempt from public disclosure shall clearly identify the specific information claimed to be exempt and cite the applicable statutory exemption or other legal authority. A general designation such as

“confidential” or “proprietary” shall not be sufficient.

The Respondent shall identify the specific page, section, or portion of the response containing the information claimed to be exempt and provide a sufficient explanation supporting the claim.

Additionally, Respondent shall also provide second redacted copy of its response when an exemption is claimed.

The City will handle records in accordance with applicable law and reserves the right to take any action necessary to comply with its public records obligations.

Responses become City records upon receipt and will be retained and disposed of in accordance with applicable law and records retention requirements. Except as otherwise provided by law, responses will not be returned.

3.9. Incorporation of Procurement Ordinance and Policy

This solicitation is issued in accordance with and governed by the applicable provisions of

Chapter 38, Articles III and IV, of the City of Fort Myers Code of Ordinances and the City’s applicable Procurement Policy, as amended from time to time.

The applicable provisions of the City’s Procurement Ordinance and Procurement Policy are incorporated by reference into this solicitation and any resulting contract. Respondents shall comply with all applicable procurement requirements, including procedures governing protests, appeals, or challenges to the solicitation or award.

3.10. Opening of Responses — Construction Solicitations

For construction solicitations requiring a public opening, responses will be publicly opened and announced by Procurement at the date and time specified in the solicitation.

At the public opening, Procurement shall announce the name of each bidder and the price submitted, together with such other information as the City elects to announce, including verification of required bid security.

3.11. Reservation of Rights

The City reserves the right, in accordance with the terms of the solicitation, to:

a. Accept or reject any or all responses, in whole or in part;

b. Waive or address minor irregularities, informalities, or technicalities that do not materially affect the solicitation process or provide an unfair advantage to a Respondent(s);

c. Request clarification, additional information, documentation, or evidence necessary to evaluate or substantiate a response or determine a Respondent’s qualifications, responsibility, financial capacity, or ability to perform;

d. Conduct investigations regarding a Respondent’s qualifications, responsibility, financial capacity, or ability to perform, including background investigations when permitted by law;

e. Make awards by individual item, group of items, all-or-none, or any combination thereof, and make awards to one or more Respondents;

f. Cancel, postpone, modify, or re-advertise the solicitation at any time;

g. Take such other action as the City determines to be in the best interest of the City.

The City does not guarantee that an award or contract will be made as a result of the solicitation.

3.12. Specific Technical Submittals (Procore)

Where applicable, Respondents shall provide additional technical or contract-related submittals through the platform or system designated in the solicitation or resulting Contract.

For construction solicitations requiring Procore submittals, the Respondent shall submit through

Procore the electronic documents required by the Specifications, including shop drawings, fabrication and erection drawings, layouts, setting drawings, manufacturer’s descriptive data, catalog sheets, wiring diagrams, schedules, and other required technical information. Submittals that are not acceptable may be returned for correction and resubmittal in accordance with the

Contract Documents.

3.13. Response Validity

Unless otherwise specified in the solicitation, each response shall remain valid and binding for one hundred eighty (180) calendar days following the submission deadline. Submission of a response does not create a contract or obligate the City to accept any response, proposed term, or condition.

3.14. Evaluation and Award Process

The City will review responses for compliance with the solicitation and, as applicable, evaluate responsiveness, responsibility, qualifications, experience, pricing, references, technical requirements, and other criteria identified in the solicitation.

The City may verify information provided by a Respondent, including professional licenses, references, bonding or insurance requirements, financial capability, qualifications, experience, and other information relevant to determining responsiveness, responsibility, or evaluation. The

City may also conduct reasonable investigations of Respondents, proposed subcontractors, suppliers, or other persons or entities whose qualifications or performance may affect the

Respondent’s ability to perform the Contract.

The City may request clarification or additional information when permitted by the solicitation.

Any such request shall not be construed as an opportunity to materially modify a response unless expressly permitted by the solicitation.

Award is intended to be made to the responsive and responsible bidder submitting the lowest evaluated bid after application of any preference authorized by the City Code and expressly applicable to this solicitation, subject to City Council approval.

When applicable, the City may issue a recommendation for award or Notice of Intent to Award.

A recommendation or Notice of Intent to Award does not constitute a contract, authorization to proceed, or final award. Final award and contract execution shall be subject to the approvals required by the City, Procurement, applicable ordinance or policy, the solicitation.

3.15. Award of Contract or Agreement

The City will make an award in accordance with the procurement method, evaluation criteria, and award provisions stated in the solicitation and applicable City procurement requirements.

The City may make a single award or multiple awards when permitted by the solicitation and determined to be in the best interest of the City. For multiple-award solicitations, the City may allocate work among awarded Respondents based on the methodology and factors identified in the solicitation, which may include pricing, ranking, availability, capacity, scheduling, location, service requirements, performance, or other applicable considerations.

The resulting Contract shall incorporate the applicable solicitation documents, addenda, and the successful response, as provided in the Contract.

When applicable, the City may issue a purchase order after final approval and execution of the

Contract or other authorization required by the City. A purchase order does not modify or supersede the Contract unless expressly authorized by the Contract.

3.16. Execution of Contract or Agreement

The successful Respondent shall execute the Contract within fifteen (15) calendar days after receiving the final Contract from the City, unless a different period is specified in the solicitation or authorized by the City.

Before or at the time of execution, the successful Respondent shall provide all documents required by the solicitation or Contract, including applicable bonds, insurance certificates, indemnification documents, licenses, and other required certifications.

Electronic signatures may be accepted in accordance with applicable law. Florida law generally recognizes electronic records and signatures and provides that an electronic signature may not be denied legal effect solely because it is electronic.

Failure to execute the Contract or provide required documents within the specified period may result in cancellation of the award and any other action authorized by the solicitation, Procurement Ordinance or policy, or other action as deemed in the best interest of the City.

3.17. Protest Procedure

Protests concerning a solicitation, evaluation, or award shall be filed and processed in accordance with the City’s Procurement Ordinance or Procurement policy.

Respondents are responsible for complying with all applicable notice, filing, timing, and other protest requirements. The applicable protest procedures shall control in the event of a conflict with any general statement in this solicitation.

3.18. Post Award Debriefing

Where permitted by the procurement method and applicable City policy, a Respondent may request a post-award debriefing in writing within the time period specified in the solicitation or applicable Procurement Policy.

A debriefing may address the solicitation requirements, the Respondent’s evaluation results, significant strengths, weaknesses, deficiencies, or other factors relevant to the Respondent’s response, and, when applicable, the basis for the award.

A debriefing is intended to explain the procurement process and the Respondent’s results and is not a forum to reconsider the award or compare confidential or protected information concerning other Respondents. Nothing in this section extends or replaces any applicable protest or appeal deadline.

4. INSURANCE

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

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

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

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

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

Requirements Table is also attached to the solicitation.

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

4.1. Required Standard Insurance Coverages

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

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

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

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

4.2. Environmental / Contractor Pollution Liability

Coverage shall cover the Contractor for liability resulting from pollution or other environmental impairment arising out of, or in connection with, work performed under this Agreement, or which arises out of, or in connection with this Agreement, including coverage for clean-up of pollution conditions and third-party bodily injury and property damage claims arising from pollution conditions. Such insurance shall also include transportation coverage and non-owned disposal site coverage.

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

5. SPECIAL CONDITIONS

5.1. Construction Project Management Platform Software

For project archival purposes, the City will utilize 3rd-party Construction Project Management

Platform software. The Platform is used to manage design document packages, construction documents (change orders, ASls, RFls, RFPs, field orders, field reports/observations, Respondent reports/observations, etc.), project financials, invoice management, quality/safety reports, close-out documents, and other project-related documents for records retention purposes.

The Respondent shall use the Platform and shall be provided access and training to accomplish document posting, distribution, and archiving for the purposes of review, comments, approval, periodic billings, and other project processes involving multiple parties (e.g. A/E teams, City stakeholders and departments, 3rd party suppliers, etc.).

5.2. Liquidated Damages

City will count default days in calendar days. If the successful Respondent or, in case of his default, the Surety, fails to complete the work within the time stipulated in the Contract, or within such extra time that the City may have granted the Respondent or, in case of his default, the Surety shall pay to the City, not as a penalty, but as liquidated damages. Applicable liquidated damages are the amounts established in the following schedule:

Original Contract Amount Daily Charge Per Calendar Day

$299,999 and under........................................................$904

$300,000 but less than $2,000,000..............................$1,685

$2,000,000 but less than $5,000,000...........................$2,667

$5,000,000 but less than $10,000,000.........................$3,813

$10,000,000 but less than $20,000,000.......................$5,021

$20,000,000 but less than $40,000,000.......................$7,442

$40,000,000 and over...............$10,224 plus 0.00005 of any amount over $40 million (Round to nearest whole dollar)

5.3. Local Preference

The City of Fort Myers has a local vendor preference policy (City Code § 38-71 thru 38-

76). Please click on the ordinance number to review the policy.

5.4. Minority Business Enterprise Program for Construction

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

(City Code § 38-122 thru 128):

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_ARTIIIPU_DIV2LOVEPR https://library.municode.com/fl/fort_myers/codes/code_of_ordinances?nodeId=SPAADCO_CH38FI_ARTVMIBUENPR

In the event a minority business enterprise has been selected, but is not utilized on the awarded job, the general contractor is obligated to offer this trade area to another certified and licensed minority business enterprise before seeking a nonminority business enterprise subcontractor to perform the contracted work. If no other minority business enterprise is available or does not enter a contract, the general contractor may use a nonminority business enterprise. A nonminority business enterprise contract shall not be executed between the general contractor and the nonminority business enterprise subcontractor without full knowledge and approval of the contracts administration division and the purchasing division.

The contracts administrator shall be responsible for monitoring the execution of the contract between the general contractor and all minority business enterprise subcontractors.

Presentation of an approved, executed minority business enterprise contract is a prerequisite to execution of a contract between the City and the general contractor, within ten days after award of the contract.

The general contractor shall provide the minority business enterprise subcontractor with ten percent of the minority business enterprise contract amount as funds for mobilization in advance of the commencement of construction. The total minority business enterprise mobilization funds will be indicated as a separate line item on the schedule of values.

Contractors are required to pay minority business enterprise contractors within 30 days of receipt of payment from the City.

All bid utilization forms must include a break down between labor and material.

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

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

6. GENERAL TERMS & CONDITIONS

6.1. Public Records and Confidentiality

Documents, records, bids, proposals, replies, responses and other materials submitted to or maintained by the City in connection with this Solicitation are subject to the Florida Public

Records Law, Chapter 119, Florida Statutes, except to the extent such records are confidential or exempt from disclosure under applicable law. Sealed bids, proposals, or replies received pursuant to a competitive solicitation shall remain exempt from public disclosure only for the period authorized by section 119.071(1)(b), Florida Statutes.

The City may maintain internal estimates, evaluations, analyses, working documents, and other procurement related records in connection with a Solicitation. Such records shall be treated as public records unless a specific statutory exemption or other applicable provision of law authorizes or requires the City to withhold them from disclosure. Nothing in this Solicitation shall be construed to create a public records exemption or confidentiality requirement that is not otherwise provided by law.

6.2. Drug-Free Workplace / Tie Bids

Pursuant to section 287.087, Florida Statutes, whenever two or more bids, proposals, or responses that are equal with respect to price, quality, and service are received by the City for the procurement of commodities or contractual services, preference in the award process shall be given to a business that certifies that it has implemented a drug-free workplace program in accordance with section 287.087, Florida Statutes.

6.3. Equivalent or Substitute Items

The materials and equipment described in the Solicitation Documents establish a standard of required function, dimension, appearance, and quality to be met by a proposed substitution. No substitution will be considered unless written request for approval has been submitted by the Respondent and has been received by the City at least fifteen days prior to the date for receipt of the submittal and entered as a question through the City's E-

Procurement portal. Each such request shall include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitute including drawings, cuts, performance and test data and any other information necessary for an evaluation. A statement setting forth any changes to other materials, equipment or work that use of the substitute would require, shall be included. The Respondent shall bear the burden of proof regarding the merit of the proposed substitution. Such approval will be issued by

Addendum to all prospective Respondents. Respondents shall not rely upon approvals made in any other manner.

6.4. Independent Proposal

By submitting a response to this Solicitation, the Respondent represents and warrants that it has not paid, offered, or agreed to pay any fee, commission, gift, gratuity, or other consideration contingent upon or resulting from the award of a Contract under this Solicitation.

6.5. Accuracy of Solicitation Information

The City has made reasonable efforts to ensure that the information contained in this

Solicitation is accurate and complete. However, such information is provided for informational purposes and is not guaranteed or warranted by the City to be accurate, complete, or exhaustive.

Each Respondent is responsible for reviewing the Solicitation, conducting any investigations or due diligence reasonably necessary to prepare its Response, and forming its own conclusions regarding the requirements of the Solicitation. Respondents shall promptly notify the City, through the method specified in the Solicitation, of any apparent error, omission, discrepancy, ambiguity, or inconsistency and shall request clarification prior to the applicable deadline.

Nothing contained in this Solicitation shall relieve a Respondent of its responsibility to obtain the information necessary to prepare and submit a complete and responsive Response.

6.6. Modifications

Prior to bid opening, the City may modify the solicitation only by written addendum. Following contract award, changes to the Work, Contract Price, or Contract Time maybe made only in accordance with the executed Contract and the City's authorized change-order procedures.

6.7. Patents, Royalties and Copyrights

The Respondent shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract

Documents for use in the performance of the Work, and if to the actual knowledge of the City, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by the City in the Contract

Documents.

6.8. Prohibition Against Consideration of Social, Political, or Ideological Interests

Pursuant to section 287.05701, Florida Statutes, the City shall not request documentation of or consider a Respondent’s social, political, or ideological interests when determining whether the

Respondent is responsible, nor shall the City provide preference based upon such interests.

6.9. Relationship Between Parties

This Contract does not create an employer/employee relationship between the City and

Respondent. Respondent is independent of the City and will be in control of the means and the method in which the requested work is performed. Respondent will be solely responsible for payment of all federal, state, and local income tax, and self-employment taxes, arising from this

Contract. The City will not make deductions from payments due, for such taxes, or for social security, unemployment insurance, worker’s compensation, or other employment or payroll taxes. Respondent will also be responsible for the performance of their Subcontractors.

https://www.flsenate.gov/Laws/Statutes/2023/0287.05701

6.10. Silence or Omission of Specifications

The absence of a detailed specification or description regarding any incidental component, material, workmanship, or requirement necessary to provide a complete and functional product or service shall not relieve the Respondent of its obligation to perform in accordance with generally accepted industry standards and good commercial practices.

Unless otherwise specified, all materials, equipment, and products furnished shall be new, of suitable quality, and appropriate for their intended purpose. All work shall be performed in a professional and workmanlike manner consistent with applicable industry standards.

If a Respondent identifies an omission, ambiguity, inconsistency, or uncertainty in the

Solicitation that may materially affect its Response, pricing, or performance, the Respondent shall request clarification from the City prior to the applicable Q&A deadline. Respondents shall not rely upon assumptions regarding material requirements that are not expressly stated or clarified by the City.

6.11. Taxes

The City is a governmental agency and a municipal corporation under Florida law. Purchases by the City under this Contract are exempt from Florida sales tax: The City’s tax exempt number is

85-8012621569C-3. No purchase made by any entity is qualified to be exempt other than those made directly by the City. The City’s sales tax exemption does not apply to goods and services purchased separately by a Respondent in connection with its fulfillment of its Contract obligations. The Respondent shall be responsible for paying any taxes, fees or similar payments which are required to be paid in connection with the Contract work.

6.12. Cancellation of Solicitation

The City reserves the right to cancel this Solicitation, in whole or in part, or to reject any or all

Responses when determined to be in the best interest of the City. The City shall have no liability or obligation to any Respondent or prospective Respondent for any costs, expenses, or losses incurred in connection with the preparation or submission of a Response or participation in the

Solicitation process.

6.13. Additional Terms

Additional terms and conditions are found in the draft agreement attached to this solicitation.

By submitting a response to this solicitation, the Respondent will agree to the terms and conditions in both documents.

7. DEFINITIONS

For purposes of this Solicitation and any resulting Contract, the following terms shall have the meanings set forth below, unless the context clearly indicates otherwise.

7.1. Acceptance

The City’s written acknowledgment that the Work, services, goods, deliverables, or other contractual requirements, as applicable, have been completed or provided in accordance with the Contract Documents and accepted by the City.

7.2. Addenda

A written modification issued by the City prior to the Solicitation due date that adds to, deletes from, clarifies, corrects, revises, or otherwise modifies the Solicitation Documents. An

Addendum becomes part of the Solicitation Documents upon issuance by the City.

7.3. Additional Services

Services not included in the original Scope of Services that the City determines are necessary or desirable and authorizes in writing in accordance with the Contract. Additional Services shall not be performed without prior written authorization from the City.

7.4. Amendment / Supplemental Agreement

A written modification to an executed Contract that adds to, deletes from, or otherwise modifies the Contract, including, as applicable, its terms and conditions, Scope of Work or Services, compensation, pricing, quantities, deliverables, or period of performance. An Amendment or

Supplemental Agreement shall be effective only when executed or otherwise approved by the

City and awarded Respondent. Oral agreements, discussions, or other informal communications shall not constitute a binding modification to the Contract.

7.5. Applicable Law

All applicable federal, State of Florida, and local laws, statutes, ordinances, codes, rules, regulations, orders, and other legally binding requirements governing the Solicitation, Contract, or performance of the Work.

7.6. Application for Payment

A formal written request submitted by the Respondent to the City for progress or final payment under the contract. It shall include the value of work completed to date, materials stored on-site (if applicable), and any other documentation required by the Contract Documents. Each

Application for Payment must be verified and approved by the City or its designated representative prior to payment. Submission does not guarantee payment unless all contractual requirements have been met.

7.7. Approval / Approved

“Approval” or “Approved” means authorization by the City that is documented in writing and issued or executed by a duly authorized representative of the City in accordance with the

Contract and applicable City requirements. Approval shall be subject to any additional procedures, conditions, or formalities required by the Contract, applicable law, or City policy.

Where Council approval is required, no Contract or Contract Amendment shall be binding upon the City unless and until approved by Council. Contracts and Contract Amendments requiring execution on behalf of the City shall be signed only by the Mayor and/or City Manager, as authorized and in accordance with applicable City requirements. No other City employee, representative, or agent has authority to bind the City unless expressly authorized by formal

City action.

7.8. Bonds

Solicitation, Performance, and Payment Bonds and other instruments of security furnished by the Respondent and their Surety in accordance with the Contract Documents and in accordance with Florida Law.

7.9. Change Order

A written modification issued after Contract execution that authorizes a change to the Work or other Contract requirements, including, as applicable, additions, deletions, or revisions to the scope of work or services, quantities, specifications, deliverables, pricing, Contract Price, delivery schedule, Contract Time, period of performance, or other authorized requirements of the Contract.

A Change Order shall be authorized, approved, and executed in accordance with the Contract, applicable law, and City policies and procedures. When required, a Change Order shall be approved by Council and executed by the authorized representatives of the City and Contractor.

Unless otherwise authorized in writing by the City, the Contractor shall not proceed with any changed or additional Work that may result in an increase in cost or extension of time until the applicable Change Order has been fully approved and executed. The City shall not be responsible for costs incurred or Work performed without the required prior authorization.

For purposes of the Contract Documents, the term “Change Order” or “Amendment” may include a modification to a Purchase Order when used to revise quantities, pricing, delivery requirements, or other terms of an issued Purchase Order.

7.10. City

The City, a municipal corporation within the State of Florida, its officers, officials, agents, and representatives. Also known as Owner.

7.11. Contract / Agreement

The legally binding written agreement between the City and the awarded Respondent resulting from this Solicitation, including all documents incorporated therein by reference. The Contract establishes the rights, obligations, terms, conditions, scope, pricing, and other requirements governing the parties’ performance. The Contract may include, as applicable, the Solicitation

Documents, the Respondent’s Response, Notice of Award, purchase order, executed agreement, amendments, supplemental agreements, change orders, and other documents expressly incorporated into the Contract.

For purposes of the Solicitation Documents and any resulting Contract, the terms “Contract” and “Agreement” may be used interchangeably and shall have the same meaning unless expressly stated otherwise.

7.12. Contract Administrator

The City employee designated in the Contract Documents who is responsible for the day-to-day administration and oversight of the contract on behalf of the City. The Contract Administrator serves as the primary point of contact for the Respondent, monitors Respondent performance, ensures compliance with contract terms, reviews invoices or applications for payment, and coordinates with other departments as necessary. The Contract Administrator does not have authority to amend the contract, approve Change Orders, or bind the City unless expressly authorized in writing.

7.13. Contract Price

The total amount payable by the City to the awarded Respondent for the satisfactory performance and completion of all obligations required under the Contract, including any authorized adjustments, modifications, or Change Orders, as applicable.

7.14. Contract Time

The number of calendar days in the Construction Phase stated in the Contract Documents for the completion of the Work, including Saturdays, Sundays and Holidays, commencing with the date of Notice to Proceed, and ending with scheduled date of Final Acceptance.

7.15. Date of Final Acceptance

The date established in writing by the City indicating that all work, including any corrections or punch list items, has been completed in full compliance with the contract requirements, and all deliverables, closeout documentation, and approvals have been received and accepted by the

City. This date signifies the start of warranty periods and the end of the Respondent’s active obligations, except for any latent defects or warranty work.

7.16. Day

One (1) calendar day when used in the Contract, measured from midnight to the next midnight.

7.17. Defective

Work, material, product, or service that does not meet the requirements of the Contract

Documents, applicable codes or standards, manufacturer specifications, or accepted industry practices. Work may be deemed defective if it is incomplete, improperly installed, damaged, fails inspection, or does not function as intended. Defective work shall be corrected or replaced by the Respondent at no additional cost to the City.

7.18. Drawings/Plans

means the drawings and plans showing the character, location, dimensions, and scope of the

Work, prepared or approved by the Engineer of Record and incorporated into the Contract

Documents.

7.19. Effective Date of the Contract

The date indicated in the Contract on which it becomes effective, but if no such date is indicated, it is the date on which the Contract is executed by the final party.

7.20. Equal/Equivalent

A product, service, component or system which is demonstrated, to the satisfaction of the City, to be equal or equivalent to the product, service, component or system specified. The City shall be the sole judge of acceptability of an Equal or Equivalent.

7.21. Final Completion

The point at which all work required under the contract, including punch list items,…