Mill_&_Replace_Asphalt_Resurfacing.pdf

ITB 26-070

Mill & Replace Asphalt Resurfacing

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

Mill & Replace Asphalt Resurfacing, ITB 26-070

TABLE OF CONTENTS

1. INTRODUCTION

2. SCOPE OF WORK (SPECIFICATIONS)

3. INSTRUCTIONS

4. INSURANCE

5. SPECIAL CONDITIONS

6. GENERAL TERMS & CONDITIONS

7. DEFINITIONS

8. SUBMITTAL QUESTIONNAIRE

9. BID SCHEDULE / SCHEDULE OF VALUES

1. INTRODUCTION

1.1. Advertisement

ITB 26-070 Mill & Replace Asphalt Resurfacing

The City of Fort Myers is seeking submittals for ITB 26-070 Mill & Replace Asphalt

Resurfacing. Submittals must be received electronically on or before Monday, August 17, 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: Thursday, July 16, 2026

1.2. 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:

Public Works

1.3. OpenGov Portal

The City of Fort Myers uses OpenGov (https://procurement.opengov.com/portal/cityftmyers) to administer the competitive solicitation process, including but not limited to soliciting responses, issuing addenda, posting results and issuing notification of an intended decision. There is no charge to register and download the solicitation from OpenGov. Contractors are strongly encouraged to read the various Guides and Tutorials available in OpenGov well in advance of their intention of submitting a response to ensure familiarity with the use of OpenGov. The City will not be responsible for submittal failures caused by the Contractor’s equipment or internet connectivity. In the event of a documented system-wide OpenGov outage, the City reserves the right to extend the deadline by addendum.

1.4. Timeline

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

Release Project Date: July 16, 2026

Question Submission Deadline: August 6, 2026, 2:00pm

Response Submission Deadline: August 17, 2026, 2:00pm

Proposed City Council Approval: September 8, 2026, 4:30pm

2. SCOPE OF WORK (SPECIFICATIONS)

2.1. Mandatory Minimum Qualifications

2.1.1. Each Submittal must contain evidence of the Contractor's qualifications to do business in the State of Florida.

2.1.2. Contractor shall have been in business under the current company/firm name for a minimum of three (3) consecutive years prior to the date of submittal. This requirement is reasonably related to ensuring Contractor stability and capacity.

2.1.3. Neither Contractor nor any principal, officer, or stockholder shall be in arrears or in default of any debt or contract involving the City, (as a party to a contract, or otherwise); nor have failed to perform faithfully on any previous contract with the City.

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

2.1.4.1. Judgments: Any court decisions against them.

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

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

(actions that are morally reprehensible).

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

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

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

Contract and any contract renewals.

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

2.2. Scope of Work

City of Fort Myers - Mill & Replace Asphalt Resurfacing

1. Purpose

The City of Fort Myers requires asphalt roadway resurfacing improvements at various street locations within the City.

The work is divided into the following sections:

o Package 1 – Mill and Replace Asphalt Resurfacing o Package 2 – Mill and Replace Asphalt Paving o Alternate Bid – Full Depth Reclamation Method

The City anticipates that work will begin soon after City Council approval and issuance of the Purchase Order. All authorized work shall be completed within four

(4) months after the date of the Purchase Order.

All work shall be performed in accordance with applicable City of Fort Myers standards, Florida Department of Transportation requirements, local regulations, and applicable project specifications.

Local Funding / Non-Applicability of Federal Funding Requirements

This Project is funded entirely with City local funds. The Project is not federally funded, federally assisted, or funded through FDOT federal-aid participation. Any references in the Solicitation Documents, Contract Documents, Supplemental Conditions, attachments, exhibits, forms, or specifications to federal funding requirements, federal grant requirements, federally assisted construction contract provisions, FEMA requirements, FHWA/FDOT federal-aid requirements, Davis-Bacon prevailing wage requirements, Build America/Buy America requirements, 2 C.F.R. Part 200 requirements, federal lobbying certifications, SAM.gov registration, or other requirements that apply solely because of federal funding are not applicable to this

Project unless expressly added by written addendum.

References to FDOT standards, FDOT specifications, FDOT standard plans, or federal/state regulations remain applicable only to the extent they are incorporated as technical construction, maintenance of traffic, safety, permitting, or regulatory compliance requirements independent of federal funding. This note does not waive any federal, state, or local law, code, regulation, permit condition, safety requirement, environmental requirement, or other legal obligation that applies to the Work regardless of funding source.

2. Package 1 – Mill and Replace Asphalt Resurfacing

2.1. Description of Work

Package 1 consists of conventional mill and replace asphalt resurfacing operations at the street locations listed below. The streets identified under Package 1 shall be completed as one package.

2.2. Street Locations

Package 1 shall include work on the following streets:

o Shadow Ln o Llewellyn Dr o Virginia Ave o Canal St o Sommerset Dr o Van Buren St o Madison Ave o Rio Vista o Burtwood Dr o Challenger Blvd

2.3. Scope of Work – Package 1

The Contractor shall furnish all labor, materials, equipment, supervision, transportation, maintenance of traffic, coordination, cleanup, and incidentals necessary to complete the Package 1 asphalt roadway resurfacing improvements.

The work for Package 1 shall include, but is not limited to:

o Asphalt milling of existing pavement surfaces o Preparation of milled and existing roadway surfaces o Roadway surface preparation o Application of tack coat o Placement and compaction of asphalt pavement o Grading and compaction, as needed o Adjustment of utility structures as needed o Restoration of pavement markings disturbed or removed by the work o Traffic control and maintenance of traffic o Permitting as may be required o Cleanup and removal of debris associated with the work o Restoration of areas disturbed by the Contractor’s operations o All associated work necessary to provide complete and functional roadway resurfacing improvements

All quantities shall be as represented in the Schedule of Bid Items.

3. Package 2 – Mill and Replace Asphalt Paving

3.1. Description of Work

Package 2 consists of conventional mill and replace asphalt paving operations at the street locations listed below. The streets identified under Package 2 shall be completed as one package.

3.2. Street Locations

Package 2 shall include work on the following streets:

o Jaylen Watkins St o Towles St o Barden St o Quality of Life Center Way o Carver Ave o French St

3.3. Scope of Work – Package 2

The Contractor shall furnish all labor, materials, equipment, supervision, transportation, maintenance of traffic, coordination, cleanup, and incidentals necessary to complete the Package 2 asphalt roadway resurfacing improvements.

The work for Package 2 shall include, but is not limited to:

o Asphalt milling of existing pavement surfaces o Preparation of milled and existing roadway surfaces o Roadway surface preparation o Application of tack coat o Placement and compaction of asphalt pavement o Grading and compaction, as needed o Adjustment of utility structures as needed o Restoration of pavement markings disturbed or removed by the work o Traffic control and maintenance of traffic o Permitting as may be required o Cleanup and removal of debris associated with the work o Restoration of areas disturbed by the Contractor’s operations o All associated work necessary to provide complete and functional roadway

4. Alternate Bid – Full Depth Reclamation Method 4.1 Description of Work

The Alternate Bid consists of completing the same Package 2 street locations using the Full Depth Reclamation method.

The Full Depth Reclamation method shall utilize only the existing asphalt pavement and base material. No additives shall be included or used as part of the Alternate Bid.

Additives shall include, but are not limited to:

• Cement

• Lime

• Emulsion

• Foamed asphalt

• Chemical stabilizers

• Other stabilizing agents or additives

4.2. Street Locations

The Alternate Bid shall apply to the following streets:

o Jaylen Watkins St o Towles St o Barden St o Quality of Life Center Way o Carver Ave o French St

4.3. Scope of Work – Alternate Bid

The Contractor shall furnish all labor, materials, equipment, supervision, transportation, maintenance of traffic, coordination, cleanup, and incidentals necessary to complete the Full Depth Reclamation and asphalt paving work under the Alternate Bid.

The work for the Alternate Bid shall include, but is not limited to:

o Full Depth Reclamation of existing asphalt pavement and base material o Reclamation using existing asphalt and base material only o No use of cement, lime, emulsion, foamed asphalt, chemical stabilizers, or other additives o Grading, shaping, and preparation of reclaimed material o Compaction of reclaimed material o Surface preparation prior to asphalt placement o Application of tack coat, where required o Placement and compaction of asphalt pavement o Adjustment of utility structures as needed o Restoration of pavement markings disturbed or removed by the work o Traffic control and maintenance of traffic o Permitting as may be required o Cleanup and removal of debris associated with the work o Restoration of areas disturbed by the Contractor’s operations o All associated work necessary to provide complete and functional roadway

5. Standards and Specifications

All work shall comply with applicable requirements, including:

o City of Fort Myers standards and specifications o Florida Department of Transportation standards and specifications, where applicable o Applicable local and state requirements, and generally applicable federal laws or regulations that apply to the Work independent of federal funding.

o Maintenance of traffic requirements o Permitting requirements, as applicable

Where conflicts exist between standards or specifications, the more stringent requirement shall apply unless otherwise directed by the City.

6. Traffic Control and Maintenance of Traffic

The Contractor shall provide traffic control and maintenance of traffic throughout the duration of the work.

Traffic control shall be performed in accordance with applicable City, FDOT, and local requirements. The Contractor shall maintain safe travel conditions for motorists, pedestrians, residents, businesses, emergency services, and the general public.

The Contractor shall maintain access to residences, businesses, driveways, intersections, sidewalks, and public facilities to the greatest extent practical. Any temporary closures, detours, lane restrictions, or access limitations shall be coordinated with the City in advance.

7. Utility Adjustments and Coordination

The Contractor shall adjust utility structures as needed to match finished pavement grades. Utility structures may include, but are not limited to:

o Valve boxes o Manholes o Drainage inlets o Cleanouts o Meter boxes o Other roadway appurtenances located within the project limits

The Contractor shall coordinate with the City and applicable utility owners as necessary to complete the work.

8. Pavement Markings

The Contractor shall restore pavement markings disturbed or removed as part of the work. Pavement markings shall be restored to match existing conditions unless otherwise directed by the City.

Temporary pavement markings shall be provided where required to maintain safe traffic operations until final pavement markings are installed.

Final pavement markings shall be installed in accordance with applicable City and FDOT standards.

9. Permitting and Regulatory Compliance

The Contractor shall obtain or assist with obtaining permits, approvals, notifications, and inspections as may be required to complete the work.

The Contractor shall comply with all applicable permit conditions, safety requirements, environmental requirements, and regulatory obligations.

10. Cleanup and Restoration

The Contractor shall keep the work areas clean and orderly throughout construction.

Upon completion of the work, the Contractor shall remove debris, excess materials, equipment, temporary traffic control devices, and other construction-related items from the project areas.

Any areas disturbed by the Contractor’s operations shall be restored to a condition acceptable to the City.

11. Schedule and Completion

Work is anticipated to begin soon after City Council approval and issuance of the

Purchase Order.

All authorized work shall be completed within four (4) months after the date of the Purchase Order. The completion period shall include mobilization, construction, pavement markings, cleanup, restoration, and all other work necessary to fully complete the scope.

No work shall commence until authorized in writing by the City.

3. INSTRUCTIONS

3.1. Procurement Information

Procurement Services is the official source for obtaining information regarding City solicitations.

It is the responsibility of Contractor to monitor and obtain solicitation updates and current award information both prior to and after the scheduled opening date. Information is updated as it becomes available. The City reserves the right to issue an award or a recommendation of award at any time following the scheduled solicitation opening date.

3.2. Introduction

To be considered, electronic submittals 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 submittal deadline. The City reserves the right to accept or reject any or all submittals and to waive irregularities or technicalities, as deemed in the best interest of the City. All decisions made by the City regarding these matters shall be final and binding.

3.3. Americans With Disabilities Act

Persons with disabilities requiring special accommodations to participate in this solicitation process should contact Procurement Services at least seven (7) days before the required accommodation.

Contact Information:

Procurement Services

2200 Second Street, Fort Myers, FL 33901

Email: ProcurementServices@fortmyers.gov

Phone: (239) 321-7240

3.4. Incorporation of Procurement Policy and Ordinance

This solicitation is issued in accordance with, and governed by, the provisions and procedures outlined in Chapter 38, Articles III and IV of the City of Fort Myers Code of Ordinances.

The City’s Procurement Policy and Ordinance (38-61 thru 68) are hereby incorporated by reference into this solicitation and any contract awarded as a result of this solicitation. By participating in this solicitation, Contractor agrees to be bound by the City’s Procurement

Ordinance and Policy in all matters related to this solicitation and any subsequent contracts.

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

Code of Ordinances and Procurement Policy.

3.5. Solicitation Documents

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

Contractor to ensure correct contact information is provided. The City will not be held liable for any issues arising from incorrect or incomplete contact information. All submittals must be prepared using the solicitation documents provided in this solicitation. The City assumes no responsibility for errors or misinterpretations resulting from the use of incomplete or unofficial solicitation documents. Solicitation documents, including all attachments, specifications, and mailto:ProcurementServices@fortmyers.gov https://fortmyers.gov/DocumentCenter/View/14396/City-of-Fort-Myers-Procurement-Policy-PDF https://www.fortmyers.gov/1515/Procurement-Ordinances https://www.cityftmyers.com/1171/Procurement-Services exhibits are provided solely to facilitate the preparation and submittal of responses. The City reserves the right to cancel any solicitation at any time without obligation.

3.6. Responsibilities of the Contractor

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

3.6.1. The Contractor will obtain solicitation documents exclusively from OpenGov. Documents sourced from other platforms or sources are not guaranteed to be accurate.

3.6.2. The Contractor will examine all solicitation documents to fully understand the requirements. If additional clarification is needed, submit questions through the OpenGov Q&A module.

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

3.6.4. The Contractors will review, understand, and factor into their bid/proposal all addenda and answers to questions that are submitted via the OpenGov portal. See "Questions and

Addenda Guidelines". All addenda and updates will be made available exclusively via OpenGov.

Contractor is advised to regularly check the portal for any updates related to this solicitation.

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

3.6.6. The Contractor will study and carefully align observations with the solicitation documents to ensure consistency.

3.6.7. The Contractor will notify the Procurement Services Department by email to procurementservices@fortmyers.gov and submit a question through the E-Procurement Q&A tab of any conflicts, errors, or discrepancies in the solicitation documents.

3.6.8. The draft agreement intended for award is part of the solicitation as an attachment. This draft contains standard legal language and may be modified. Any exceptions to the standard agreement shall be submitted as a question in the Q&A module before the question deadline. If the question deadline has passed, exceptions should be clearly noted in the Submittal

Questionnaire. Exceptions to the draft agreement may impact the evaluation of the submittal.

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

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

Contractor shall submit electronic PDF’s of manufacturer’s descriptive data for materials, equipment, and fixtures including catalog sheets showing dimensions, performance characteristics, and capacities; wiring diagrams and controls; schedules; and other pertinent information as required. Those Drawings not acceptable will be returned to the Contractor for correction and resubmittal.

mailto:procurementservices@fortmyers.gov

3.7. Cone of Silence

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

Violation of this provision may be grounds for rejecting a response.

3.8. Submittal Guidelines

3.8.1. Official Submittal Portal

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

3.8.2. Submittal Requirements and Instructions

The representative authorized to bind the Contractor to the submittal must sign the qualification statement. A submittal is considered timely only if received through the

OpenGov portal by the precise date and time stated in the solicitation timeline. The

OpenGov portal time clock serves as the official time for determining timeliness. The portal will not accept submittals after the deadline.

The Contractor must clearly identify any variances from the Solicitation requirements, no matter how minor. Any exceptions to the scope of work must be specifically noted and thoroughly explained in the Contractor’s questionnaire. If no variances are identified in the submittal, the City will assume that: a) the materials, equipment, or services offered fully comply with the Solicitation specifications, b) The Contractor agrees to all terms and conditions outlined in the attached Draft Contract. Failure to disclose variances may result in the Contractor being held to full compliance of the Solicitation requirements.

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

Content Accessibility Guidelines (WCAG) 2.1 Level AA. Deliverables must be provided in accessible formats compatible with commonly used assistive technologies. Contractor shall promptly remediate any accessibility deficiencies identified by the City at no additional cost and shall provide corrected deliverables within a mutually agreed-upon timeframe.

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

3.8.3. Instructions for Uploading Submittals

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 submittal along with all required attachments, and submit your response.

3.8.4. Mandatory Minimum Qualification Documentation

Contractor must provide clear and specific documentation to verify that all mandatory minimum qualifications, as outlined in the section titled "Mandatory Minimum

Qualifications," have been met.

3.8.5. Required Documents

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

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

3.8.7. 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.

3.8.8. Proprietary Information

• Contractor must clearly identify any information in their responses they consider confidential or proprietary, citing the specific legal exemption. Generic notations such as

"confidential" are not sufficient.

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

• Provide a redacted copy of your submittal, suitable for public disclosure, in electronic format. Redact only information exempt under applicable law and include the exemption citation.

• The City reserves the right to exercise its judgment regarding the disclosure of records and may take any necessary actions to comply with federal or state public records laws.

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

Fort Myers and will not be returned.

3.9. Questions and Addenda

3.9.1. Submittal of Questions

All questions regarding the meaning or intent of the solicitation documents shall be submitted through the OpenGov Portal. Only questions received before the deadline specified in the solicitation timeline shall be considered.

3.9.2. Authority of Addenda, Responses, and Revisions

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

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

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

Contractor of their obligations under the solicitation or the resulting contract. No oral interpretations will be provided. All official interpretations will be issued as written addenda or response to a question and made available via OpenGov. The City is not responsible for the distribution of addenda or other solicitation-related information to

Contractor who fails to register in OpenGov.

3.9.3. Modification of Solicitation Documents

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

3.10. Modification and Withdrawal of Submittals

3.10.1. Modifying or Withdrawing Submittals

Invitations to Bid may be modified or withdrawn by the Contractor through the OpenGov portal at any time before the closing time noted in the Solicitations.

3.10.2. Withdrawal Due to Material Mistake

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

Procurement Director's reasonable satisfaction that a material and substantial mistake occurred in the preparation of its Submittal, the Contractor may withdraw its

Submittal. In such cases:

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

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

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

3.12. Reserved Rights

3.12.1. Request for Additional Information

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

o Information necessary to evaluate, clarify, or substantiate any aspect of the submittal o Evidence of financial resources and the ability to provide and maintain the required system and/or services. c)the City may conduct investigations into the qualifications of any Contractor, which may include background checks.

3.12.2. 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.

3.12.3. Rejection of Submittals

The City, at its sole and absolute discretion, reserves the right to reject any and all, or parts of any and all submittals, to re-advertise this solicitation, to postpone or cancel this solicitation process at any time, or to waive irregularities and informalities in this solicitation or in the submittals received as a result of this solicitation. The City does not guarantee the award of any Agreement as a result of this solicitation process.

3.12.4. Non-Exclusive Contract and City’s Right to Perform Work

The City reserves the right to perform any aspect of proposed work using qualified City employees and departments. Nothing in this contract shall deemed to be an exclusive contract for any of the work described herein between the City and Contractor.

3.13. Irrevocable Offer

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

3.14. Evaluation and Award Process

3.14.1. Initial Review of Submittals

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.

3.14.2. Recommendation and Notice of Intent to Award for an ITB

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

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

Notice of Intent to Award.

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

3.14.3. Optional Discussions

At the City’s discretion and in its best interest, the City may engage in discussions with the Contractor to clarify their submittals prior to issuing a Notice of Intent to Award.

3.14.4. 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 for either the City or another agency.

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

3.14.5. Additional Research

The City may conduct any necessary research to assist in evaluating submittals 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.

3.15. Award of Agreement

3.15.1. Formal Award

Agreement(s) will be awarded in accordance with the City’s Procurement Code, Chapter

38, Article 3 of the City of Fort Myers Code of Ordinances. The Agreement will be awarded to the lowest responsive and responsible bidder Contractor based on pricing.

The award is contingent upon final approval by the City Council.

The Agreement shall include the established Construction Agreement and incorporate by reference this Solicitation, any addenda, and the Contractor's submittal. This Agreement 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 Agreement shall be in a court of competent jurisdiction located in Lee County, Florida.

3.15.2. 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

City.

3.15.3. Purchase Order

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

3.16. Form of Agreement

The City’s intention is to use the attached Agreement (Draft). Any requested revisions to the

Agreement must be submitted using the question and answer tab in OpenGov and resolved prior to solicitation closing. Any revisions to the Agreement will be shared via an addendum.

The City reserves the right to revise or alter the language of the Draft Agreement after responses are received and prior to execution to address the specific requirements or circumstances of the project.

3.17. Execution of Agreement

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

Services. Simultaneously, the Contractor shall provide: any required bonds; Indemnities; and

Updated insurance certificates as specified in the Solicitation. Electronic signatures are accepted under the Florida Uniform Electronic Transaction Act (F.S. 668.50). Failure to meet the established deadline for submitting the required documents may result in cancellation of the award at the City’s discretion.

3.18. Protest Procedure

The City’s protest policy and procedure are outlined in the City of Fort Myers Procurement

Policy, which can be accessed at the following link: City of Fort Myers Procurement Policy (PDF)

For details, refer to Page 20, Item F of the policy document.

3.19. Post Award Debriefing Process

A Contractor may submit a written request for a debriefing to the designated procurement representative no later than thirty (30) calendar days following Council approval of the contract award. Upon receipt of the request, the procurement representative will schedule the debriefing with the Contractor, which may be conducted in person, virtually, or by telephone.

The debriefing will include, at a minimum, the following:

• An overview of the solicitation requirements.

• The final overall ranking of all proposals.

• A discussion of the significant strengths, weaknesses, or deficiencies identified in the

Contractor’s submittal in relation to the solicitation requirements. The Contractor’s submittal will not be compared to any other proposal.

• Upon request, an explanation of the scores assigned for each evaluation criterion, including cost, if applicable.

• If applicable, a summary of the basis for the award recommendation or selection decision.

• Responses to relevant questions from the proposer concerning the evaluation process and results.

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

4. INSURANCE

Insurance Coverages Required.

Insurance will be provided by the Contractor. If required, the awarded Contractor (and its

Subcontractors to the same extent and on the same terms as set forth below for Contractor) shall maintain the following coverages and furnish the certificate of insurance on the policies and renewals thereof which indicate that insurance coverage has been obtained meeting the requirements of the contract.

4.1. Insurance Terms and Conditions

4.1.1. The Contractor shall obtain and maintain such insurance as will protect the City from: (1) claims under workers' compensation laws, disability benefit laws, or other similar employee benefit laws; (2) claims for damages because of bodily injury, occupational sickness or disease or death of his or her employees including claims insured by usual personal injury liability coverage; (3) claims for damages because of bodily injury, sickness or disease, or death of any person other than his employees including claims insured by usual personal injury liability coverage; and (4) from claims for injury to or destruction of tangible property including loss or use resulting there from; any or all of which claims may arise out of, or result from, the services, work and operations carried out pursuant to and under the requirements of this

Agreement, whether such services, work and operations be by the Contractor, its employees, or by any Subcontractor, or anyone employed by or under the supervision of any of them, or for whose acts any of them may be legally liable.

4.1.2. Subcontractor. Unless expressly specified otherwise in this solicitation, a Contractor and its Subcontractors of any tier will be required at their own expense to maintain in effect at all times during the performance of the work insurance coverages with limits not less than those set forth below with insurers and under forms of policies satisfactory to the City. It shall be the responsibility of the Contractor to maintain the required insurance coverages and to assure that

Subcontractors maintain required insurance coverages at all times. Failure of a Contractor to maintain adequate coverage shall not relieve it of any contractual responsibility or obligation.

The requirements specified herein as to types, limits, and City’s approval of insurance coverage to be maintained by a Contractor and its Subcontractors are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Contractor and its

Subcontractors under a contract. Any insurance carried by the City that may be applicable shall be deemed to be excess insurance and the Contractor's insurance primary for all purposes despite any conflicting provision in the Contractor's policies to the contrary.

4.1.3. The Contractor shall obtain, have, and maintain during the entire period of this

Agreement, all such insurance policies as are set forth and required herein.

4.1.4.The insurance coverage to be obtained by the Contractor, as set forth in Agreement for:

(1) Worker's Compensation; (2) Commercial General Liability; (3) Commercial Automobile

Liability; and (4) Professional Liability is understood and agreed to cover any and all of the services or work set forth in Exhibit “A” of this Agreement, or in any and all subsequently executed Change Orders, or Supplemental Agreements. If the total amount of insurance coverage established in, and required by, a Change Order or Supplemental Agreement exceeds the amount of insurance coverage carried by the Contractor, then the Contractor shall be required and expected to acquire such additional insurance, and the compensation established for the Change Order, or Supplemental Agreement, shall include consideration of any additional premium cost incurred by the Contractor to obtain such additional insurance coverage.

4.1.5. The purchasing of any insurance on the behalf of the City shall not waive any defense under Sovereign Immunity.

4.1.6. Additional Insureds. All insurance coverages furnished under a contract except Workers’

Compensation, Employers’ Liability and any Professional Liability Policy shall include the City and its officers, elected officials, and employees as additional insureds with respect to the activities of the Contractor and its Subcontractors. The City shall not by reason of their inclusion under these policies incur liability to the insurance carrier for payment of premium for these policies.

If this solicitation is funded in whole or in part by the Florida Department of Transportation, they will be included as an additional insured on all insurance certificates.

4.1.7. Waiver of Subrogation. The Contractor and its Subcontractors shall require their insurance carriers, with respect to all insurance policies, to waive all rights of subrogation against the City, its officers, elected officials, agents, and employees and against other Contractor and Subcontractors.

4.2. Insurance Certificate Required

4.2.1. Certificates of Insurance. Prior to commencing work at the jobsite, and as a condition precedent to the Contractor and their Subcontractors initiation of performance, the Contractor and its Subcontractors shall furnish the City with certificates of insurance as evidence that policies providing the required coverage and limits of insurance are in full force and effect. The certificates shall provide that any company issuing an insurance policy for the work under a contract shall provide not less than 30 days advance notice in writing to the City prior to cancellation, termination, or material change of any policy of insurance (except for notice of non-payment of premium for which not less than 10 days advance notice in writing shall be required). In addition, the Contractor shall immediately provide written notice to the City upon receipt of notice of cancellation of an insurance policy or a decision to terminate an insurance policy. All certificates of insurance shall clearly state that all applicable requirements have been satisfied, including certification that the policies are of the “occurrence” type. Certificates of insurance for a Contractor and Subcontractors-furnished insurance and notices of any cancellations, terminations, or alterations of such policies shall be mailed to the Procurement

Services at the address set forth for delivery of the Solicitation.

4.2.2. All such insurance certificates shall be in a form and underwritten by insurance companies acceptable to the City and licensed in the State of Florida.

4.2.3. Each Certificate of Insurance submitted to the City shall be an original and shall be executed by an authorized representative of the insurance company affording coverage.

4.2.4. Each Certificate of Insurance shall specifically include all of the following:

• The name and type of policy and coverages provided; and

• The amount or limit applicable to each coverage provided and the deductible amount, if any, applicable to each type of insurance coverage being provided; and

• The date of expiration of coverage; and

• The designation of the City, both as an additional insured to the GL & AL on a primary and non-contributory basis, to include both premises/ongoing operations and products/completed operations hazards, and as a certificate holder. (This requirement is exempted for Professional Liability Insurance and for Workers' Compensation

Insurance); and

• A specific reference to this Agreement and the Project to which it pertains. (This requirement may be exempted for Professional Liability Insurance); or In the event the

Contractor has, or expects to enter into an agreement for Professional Services other than those provided for in this Agreement; the Contractor may elect to submit a

Certificate of Insurance containing the following statement:

"This policy covers the services or work provided or performed by the Named Insured for any and all projects undertaken for the City pursuant to one or more written Professional

Services Agreements, or written Supplemental Agreements or Change Orders thereto, and the limit of liability shown shall not be intended or construed as applying to only one project."

Upon receipt and approval of such a Certificate of Insurance, a separate Certificate of

Insurance will not be required for each separate agreement.

• An identifying statement indicating the identification of any services or work that is included in, or required under, the Scope Of Professional Services set forth in Exhibit “A” that is specifically excluded or exempted from coverage under the provisions, terms, conditions or endorsements of the Contractor's insurance policies. A statement which indicates any and all deductible amounts applicable to each type of insurance coverage required. In the absence of any such statements of deductible amount, or coverage statement of exclusions or exemptions, the City will proceed with the understanding, stipulation, and condition that there are no deductible amounts, or exclusions or exemptions to the insurance coverage provided.

• Name of the Project and/or Project Number should be clearly indicated.

• Each Certificate of Insurance shall be issued by an insurance agent and/or agency duly authorized to do so by, and on behalf of, the insurance company affording the insurance coverage indicated on each Certificate of Insurance.

• If the initial or any subsequently issued Certificate of Insurance expires prior to completion of the work or termination of this Agreement, it is the Contractor's responsibility to furnish the City a renewal or replacement Certificate of Insurance, including all endorsements, not later than thirty (30) calendar days prior to the date of their expiration. Failure of the Contractor to provide the City with such renewal certificates shall be considered justification for the City to terminate this Agreement.

4.2.5. It is vitally important that all insurance coverages required under this Agreement be in effect throughout the entire period of this Agreement. If any of the insurance coverages required by this Agreement should reach the date of expiration indicated on the Certificate of

Insurance on record with the City, without the City having received satisfactory evidence in the form of a Certified Binder or a Certificate of Insurance, that the required insurance coverage has either been renewed or replaced, then the Contractor, unless notified in writing by the City to continue, shall therefore automatically and without further notice from the City, stop performing all previously authorized services and work until such date as the City shall receive and approve satisfactory documentation that the expired insurance coverage has been renewed or replaced. During any time period that the Contractor shall fail to comply with the insurance requirements set forth in the Agreement, the City shall not be required to make, nor shall it make payment on any invoices submitted by the Contractor. Payment for any such invoices shall be made promptly by the City after the City receives and approves the renewal or replacement Certificates of Insurance. During any time period that the Contractor's services or work is suspended, as provided above, for failure to comply with the insurance requirements set forth in the Agreement, the Contractor shall not be entitled, as a result of such suspension, to any additional compensation or time to provide and perform the required services or work.

4.3. Comprehensive Automobile Liability

This insurance shall be written in comprehensive form and shall protect the Contractor and the additional insureds against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicle and shall cover operation on or off the site of all motor vehicles licensed for highway use, whether they are owned, non-owned, or hired. The liability limits shall not be less than:

4.3.1. Minimum limits of $1,000,000 combined single limit liability.

4.3.2. Coverage shall include owned vehicles, hired, leased, non-owned vehicles, employee non-ownership.

4.3.3. Notice of Cancellation and/or Restriction - The policy must be endorsed to provide the

City with thirty (30) days prior written notice of cancellation and/or restriction.

4.4. Commercial General Liability

This insurance shall be an “occurrence” type policy written in comprehensive form and shall protect the Contractor and the additional insureds against all claims arising from bodily injury, sickness, disease, or death of any person or damage to property of the City or others arising out of any act or omission of the Contractor or its agents, employees, or Subcontractors. This policy shall also include protection against claims insured by usual bodily injury liability coverage, a “contractual liability” endorsement to insure the contractual liability assumed by the Contractor under its contract with the City, and “Completed Operations and Products

Liability” coverage (to remain in force for 2 years after final payment and subsequent to project completion). If the Contractor’s work, or work under its direction, requires blasting, explosive conditions, or underground operations, the comprehensive general liability coverage shall contain no exclusion relative to blasting, explosion, collapse of structures, or damage to underground property. The liability limits shall not be less than:

4.4.1. Minimum limits of $1,000,000 per occurrence combined single limit; $1,000,000 aggregate. This shall include premises and/or Operations, Independent Contractors, and

Subcontractors and/or Completed…