South_Street_Sidewalk_Construction_from_US_41_Cleveland_Avenue_to_SR_739_Fowler_Street_Rebid_(FDOT_438101-2-58-01).pdf

ITB 26-001

South Street Sidewalk Construction from US 41/Cleveland Avenue to SR

739/Fowler Street Rebid (FDOT 438101-2-58-01)

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

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

South Street Sidewalk Construction from US 41/Cleveland Avenue to SR 739/Fowler Street Rebid (FDOT 438101-2-

58-01), ITB 26-001

TABLE OF CONTENTS

1. INTRODUCTION

2. PROJECT DETAILS / SCOPE OF WORK

3. INSTRUCTIONS

4. SUPPLEMENTAL CONDITIONS

5. GENERAL TERMS AND CONDITIONS

6. INSURANCE

7. DEFINITIONS

8. SUBMISSION QUESTIONNAIRE

9. SCHEDULE OF VALUES

South Street Sidewalk Construction from US 41/Cleveland Avenue to SR 739/Fowler Street Rebid (FDOT 438101-2-

1. INTRODUCTION

1.1. Summary

Summary

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

Construction of a 6" thick, 5' wide, 3,000' long sidewalk on the north side of South Street from

US 41 (Cleveland Ave) to SR 739 (Fowler Street).

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 1,027 employees serving a population of 102,060 per the 2025 population estimate full time permanent residents with a population growth of

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

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

Tamiami Trail. Recent accolades for the City of Fort Myers include top ranking for best places to live, to retire, and to start a new business, safest cities in America, #4 college town in

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

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

Project Specific Background

This sidewalk installation is part of a larger initiative called SRTS. SRTS (Safe Routes to School) is a program funded by the Florida Department of Transportation (FDOT) aimed at making it safer for children to walk and bicycle to school. The program focuses on removing barriers to walking and biking, such as unsafe infrastructure and lack of educational programs. It encourages communities to improve pedestrian and bicycle safety, promote physical activity among children, and reduce traffic congestion around schools. The program also seeks to address the safety needs of children already walking or biking in less-than-ideal conditions, integrating safety, traffic relief, health, and environmental awareness.

1.2. Advertisement

South Street Sidewalk Construction from US 41/Cleveland Avenue to SR 739/Fowler Street Rebid (FDOT 438101-2-

ITB 26-001 South Street Sidewalk Construction from US 41/Cleveland Avenue to SR

739/Fowler Street Rebid (FDOT 438101-2-58-01)

The City is seeking submittals for ITB 26-001 South Street Sidewalk Construction from US

41/Cleveland Avenue to SR 739/Fowler Street Rebid (FDOT 438101-2-58-01). Submissions must be received electronically on or before Monday, March 16, 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: Wednesday, February 11,

1.3. Contact Information

Direct inquiries to the following:

Procurement Representative Name

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

2200 Second Street

Fort Myers, FL 33901

Email: kzimmerman@fortmyers.gov

Phone: (239) 321-7241

Requesting Department:

Engineering (Public Works)

1.4. OpenGov Portal

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

1.5. Timeline

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

Solicitation Release Date: February 11, 2026

South Street Sidewalk Construction from US 41/Cleveland Avenue to SR 739/Fowler Street Rebid (FDOT 438101-2-

Pre-Submittal Meeting (non-mandatory)

(Non-Mandatory):

February 18, 2026, 10:00am

Fort Myers City Hall-Procurement

Conference Room (Finance West)

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

00NmViLWJiZjgtNzQxZjViM2QxMjZk%40thr ead.v2/0?context=%7b%22Tid%22%3a%2

235ab3971-4a9a-45d4-8ad1-ac170528b885%22%2c%22Oid%22%3a%

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

Dial in by phone

+1 239-205-3327,,463281931# United

States, Cape Coral

Find a local number

Phone conference ID: 463 281 931#

Question Submission Deadline: February 25, 2026, 4:00pm

Submission Deadline: March 16, 2026, 2:00pm

Microsoft Teams meeting

Join:

https://teams.microsoft.com/meet/2735618

013224?p=mmmWiitoswwv6nngJf

Meeting ID: 273 561 801 322 4

Passcode: qw23GK93

Need help? | System reference

Dial in by phone

+1 239-205-3327,,91775084# United

States, Cape Coral

Find a local number

Phone conference ID: 917 750 84#

Proposed City Council Approval Date: April 6, 2026 https://teams.microsoft.com/l/meetup-join/19%3ameeting_MjViMmZlYzQtMmEyZS00NmViLWJiZjgtNzQxZjViM2QxMjZk%40thread.v2/0?context=%7b%22Tid%22%3a%2235ab3971-4a9a-45d4-8ad1-ac170528b885%22%2c%22Oid%22%3a%2283ef1c43-5533-4d59-a153-a3a170fcb6e1%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MjViMmZlYzQtMmEyZS00NmViLWJiZjgtNzQxZjViM2QxMjZk%40thread.v2/0?context=%7b%22Tid%22%3a%2235ab3971-4a9a-45d4-8ad1-ac170528b885%22%2c%22Oid%22%3a%2283ef1c43-5533-4d59-a153-a3a170fcb6e1%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MjViMmZlYzQtMmEyZS00NmViLWJiZjgtNzQxZjViM2QxMjZk%40thread.v2/0?context=%7b%22Tid%22%3a%2235ab3971-4a9a-45d4-8ad1-ac170528b885%22%2c%22Oid%22%3a%2283ef1c43-5533-4d59-a153-a3a170fcb6e1%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MjViMmZlYzQtMmEyZS00NmViLWJiZjgtNzQxZjViM2QxMjZk%40thread.v2/0?context=%7b%22Tid%22%3a%2235ab3971-4a9a-45d4-8ad1-ac170528b885%22%2c%22Oid%22%3a%2283ef1c43-5533-4d59-a153-a3a170fcb6e1%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MjViMmZlYzQtMmEyZS00NmViLWJiZjgtNzQxZjViM2QxMjZk%40thread.v2/0?context=%7b%22Tid%22%3a%2235ab3971-4a9a-45d4-8ad1-ac170528b885%22%2c%22Oid%22%3a%2283ef1c43-5533-4d59-a153-a3a170fcb6e1%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MjViMmZlYzQtMmEyZS00NmViLWJiZjgtNzQxZjViM2QxMjZk%40thread.v2/0?context=%7b%22Tid%22%3a%2235ab3971-4a9a-45d4-8ad1-ac170528b885%22%2c%22Oid%22%3a%2283ef1c43-5533-4d59-a153-a3a170fcb6e1%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MjViMmZlYzQtMmEyZS00NmViLWJiZjgtNzQxZjViM2QxMjZk%40thread.v2/0?context=%7b%22Tid%22%3a%2235ab3971-4a9a-45d4-8ad1-ac170528b885%22%2c%22Oid%22%3a%2283ef1c43-5533-4d59-a153-a3a170fcb6e1%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MjViMmZlYzQtMmEyZS00NmViLWJiZjgtNzQxZjViM2QxMjZk%40thread.v2/0?context=%7b%22Tid%22%3a%2235ab3971-4a9a-45d4-8ad1-ac170528b885%22%2c%22Oid%22%3a%2283ef1c43-5533-4d59-a153-a3a170fcb6e1%22%7d https://teams.microsoft.com/meet/2735618013224?p=mmmWiitoswwv6nngJf https://teams.microsoft.com/meet/2735618013224?p=mmmWiitoswwv6nngJf

South Street Sidewalk Construction from US 41/Cleveland Avenue to SR 739/Fowler Street Rebid (FDOT 438101-2-

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'.

South Street Sidewalk Construction from US 41/Cleveland Avenue to SR 739/Fowler Street Rebid (FDOT 438101-2-

2. PROJECT DETAILS / SCOPE OF WORK

2.1. Mandatory Minimum Qualifications

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

State of Florida.

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

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.

4. Contractor is required to inform the City of any relevant legal or ethical issues. Specifically, they need to disclose:

4.1. Judgments: Any court decisions against them.

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

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

(actions that are morally reprehensible).

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

To demonstrate qualifications to perform the Work, each Contractor must be prepared to submit within five (5) days of City’s request written evidence, such as financial data, previous experience, present commitments, and other such data as may be called for. Each Solicitation must contain evidence of the 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 will be required to maintain the Minimum Qualifications Requirements, as presented during selection, if selected and awarded the contract, during the term of the

Contract and any contract renewals.

2.2. Construction of 3,000' of 5' wide sidewalk on the north side of South Street from US 41/Cleveland Avenue to SR 739/Fowler Street.

Maintenance of Traffic

Clear and Grubbing

Removal of Existing Concrete

Concrete Sidewalk and Driveways, 6" Thick

MAILBOX, F&I SINGLE

REGULAR EXCAVATION

EMBANKMENT

VALVE BOX, ADJUST

South Street Sidewalk Construction from US 41/Cleveland Avenue to SR 739/Fowler Street Rebid (FDOT 438101-2-

DETECTABLE WARNINGS

Pipe Handrail - Guiderail, Steel

Performance Turf, Sod

Sediment Barrier

INLET PROTECTION SYSTEM

Inlets, DEEP SUMP & MANHOLE LID

Inlets, Ditch Bottom, Type C

Pipe Culvert

SINGLE COLUMN GROUND SIGN ASSEMBLY

Painted Pavement Markings

Thermoplastic, Preformed, White

Thermoplastic, Standard, White

See plans, specifications, and other documents under the attachment section.

* Once a Notice to Proceed is issued, Contractor will conduct and submit communications, RFI's, submittals, and invoicing through Procure, the City's project management software.

South Street Sidewalk Construction from US 41/Cleveland Avenue to SR 739/Fowler Street Rebid (FDOT 438101-2-

3. INSTRUCTIONS

3.1. Procurement Information

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

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

3.2. Americans With Disabilities Act

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

Contact Information:

Procurement Services

2200 Second Street, Fort Myers, FL 33901

Email: ProcurementServices@fortmyers.gov

Phone: (239) 321-7240

3.3. Introduction

To be considered, electronic submissions must be completed in accordance with the instructions outlined in this solicitation and submitted within the specified timeframe. The portal will automatically lock at the submission deadline.

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

3.4. Solicitation Documents

Visit the City of Fort Myers Procurement Services Website and follow the link to Active

Solicitations to access solicitation information. It is the responsibility of the Contractor to ensure correct registration information is provided. The City will not be held liable for any issues arising from incorrect or incomplete contact information.

3.4.1. Use of Official Solicitation Documents

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

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

3.4.2. Purpose of Solicitation Documents

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

3.4.3. Right to Cancel

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

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

South Street Sidewalk Construction from US 41/Cleveland Avenue to SR 739/Fowler Street Rebid (FDOT 438101-2-

3.5. Responsibilities of the Contractor

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

3.5.1. Download Official Solicitation Documents

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

3.5.2. Thoroughly Review Documents

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

3.5.3. Following the Project/Solicitation

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

3.5.4. Review Addenda & Notices

It is the responsibility of the Contractor to review, understand, and factor into their bid/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.

3.5.5. Consider Applicable Laws and Regulations

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

3.5.6. Correlate Observations with the Solicitation Documents

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

3.5.7. Report Conflicts or Discrepancies

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

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

3.5.8. Review the Draft Contract

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

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

mailto:procurementservices@fortmyers.gov

South Street Sidewalk Construction from US 41/Cleveland Avenue to SR 739/Fowler Street Rebid (FDOT 438101-2-

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

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

3.5.9. Right to Modify Contract

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

3.6. Questions and Addenda Guidelines

3.6.1. Submission of Questions

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

3.6.2. Authority of Addenda and Revisions

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

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

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

3.6.3. Modification of Solicitation Documents

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

3.7. Interpretation of Solicitation and Addenda

The absence of details or the omission of specific descriptions within the Solicitation or any addenda shall be interpreted as requiring adherence to the highest standards of best commercial practices. All interpretations and clarifications of this Solicitation shall be governed by the terms and conditions set forth in this Contract.

South Street Sidewalk Construction from US 41/Cleveland Avenue to SR 739/Fowler Street Rebid (FDOT 438101-2-

3.8. Incorporation of Procurement Policy and Ordinance

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

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

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

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

Code of Ordinances and Procurement Policy.

3.9. Submittal Preparation

3.9.1. Preparation of Response

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

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

3.9.2. Incurred Expenses

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

3.9.3. Proprietary Information

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

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

3.10. Submission Requirements for Invitation to Bids

3.10.1. Official Submission Portal

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

3.10.2. Submission Requirements and Instructions

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

South Street Sidewalk Construction from US 41/Cleveland Avenue to SR 739/Fowler Street Rebid (FDOT 438101-2-precise date and time stated in the solicitation timeline. The OpenGov portal time clock serves as the official time for determining timeliness. Submittals will not be accepted after the deadline.

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

3.10.3. Instructions for Uploading Submissions

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

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

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

3.10.4. Mandatory Minimum Qualification Documentation

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

3.10.5. Required Documents

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

3.10.6. Corporate Submittals

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

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

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

3.10.7. Partnership Submittals

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

3.10.8. Litigation History

South Street Sidewalk Construction from US 41/Cleveland Avenue to SR 739/Fowler Street Rebid (FDOT 438101-2-

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

3.10.9. Proprietary Information

Public Records and Confidentiality

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

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

Contractor must clearly identify any information in their responses they consider confidential or proprietary, citing the specific legal exemption. Generic notations such as "confidential" are not sufficient.

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

Redacted Copy Requirement

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

City’s Judgment on Disclosure

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

Ownership of Submittals

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

Fort Myers and will not be returned.

3.10.10. Electronic Pricing Form Instructions

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

Pricing Instructions

Submission Process

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

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

Unit and Extended Prices

South Street Sidewalk Construction from US 41/Cleveland Avenue to SR 739/Fowler Street Rebid (FDOT 438101-2-

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

Inclusive Pricing

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

3.10.11. Binding Submissions

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

3.10.12. Late Submissions

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

3.11. Conformance to Solicitation

3.11.1. Compliance with Mandatory Requirements

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

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

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

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

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

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

3.11.2. Submitting Requests for Waivers or Amendments

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

Important Note:

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

3.12. Modification and Withdrawal of Submissions

3.12.1. Modifying or Withdrawing Submissions

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

3.12.2. Withdrawal Due to Material Mistake

South Street Sidewalk Construction from US 41/Cleveland Avenue to SR 739/Fowler Street Rebid (FDOT 438101-2-

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

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

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

3.13. Opening Submissions for Construction

Construction-related submittals will be publicly opened and announced by Procurement Services on the due date and time specified in the Solicitation. During the opening, the Contractor’s name and verification of bond submittal, if applicable, will be announced aloud.

3.13.1. Instructions to Join the Solicitation Opening Virtual Meeting

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

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

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

3.13.2. Opportunity to Speak

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

3.14. Irrevocable Offer

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

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

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

3.15. Evaluation and Award Process for Invitation to Bids

3.15.1. Initial Review of Submissions

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

• Verification of answers to required questions.

South Street Sidewalk Construction from US 41/Cleveland Avenue to SR 739/Fowler Street Rebid (FDOT 438101-2-

• Confirmation of professional licensing.

• Evaluation of references.

• Review of bonding documents, if required.

• Assessment of other relevant criteria.

3.15.2. Departmental Analysis

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

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

3.15.3. Optional Discussions

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

Contractor to clarify their submissions.

3.15.4. Recommendation and Notice of Intent to Award

The Department Representative will email their recommendation to the Procurement

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

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

3.15.5. Evaluation of Contractor's Capabilities

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

• Financial capability,

• Reputation and integrity,

• Skill and business experience,

• Quality of performance on similar projects.

3.15.6. Additional Research

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

• Contractor,

• Proposed Subcontractor and Supplier.

• Other relevant persons or organizations.

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

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

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3.16. Reserved Rights

3.16.1. Request for Additional Information

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

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

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

Fort Myers Police Department.

3.16.2. Flexible Award Options

The City reserves the right to

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

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

3.16.3. Rejection of Submittals

The City reserves the right to:

• Reject any and all Submissions;

• Waive any and all informalities;

• Negotiate contract terms with the Successful Contractor;

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

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

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

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

3.17. Protest Procedure

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

Policy, which can be accessed at the following link:

City of Fort Myers Procurement Policy (PDF)

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

3.18. Award of Contract for Invitation to Bids

3.18.1. Purchase Order

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

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

3.18.2. Formal Award

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

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

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

3.18.3. Multiple Awards

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

3.19. Form of Contract

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

3.19.1. Formatting Adjustments

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

3.19.2. City’s Right to Modify Contract Language

The City reserves the right to revise or alter the language of the Draft Contract after responses are received and prior to execution. Revisions may be made to address the specific requirements or circumstances of the solicitation.

3.20. Execution of Contract from a Formal Award

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

• Any required bonds;

• Indemnities; and

• Updated insurance certificates as specified in the Solicitation.

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

668.50)

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

3.21. Debriefing of Proposers

Not later than thirty (30) days after City Council approval of a selection or shortlist, a proposer may submit a written request to the applicable contracting agent for a debriefing on the evaluation of their proposal. The contracting agent will schedule a meeting with the Proposer for the debriefing. However, at the Proposer’s request, the debriefing may be conducted via telephone conference. The debriefing shall include the following minimum information:

• Key requirements of the solicitation.

• The overall ranking of all proposals.

• The significant weaknesses or deficiencies in the proposal in response to the requirements of the solicitation.

• If requested, an explanation of the score received for each evaluation criteria will be provided, including costs, if applicable.

• If applicable, a summary of the rationale for award.

• Responses to any relevant questions of the Proposer.

Untimely debriefing requests will also be considered.

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

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

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

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

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

3.23. Identification of Variances

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

City will assume that:

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

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• The Contractor agrees to all terms and conditions outlined in the attached Draft

Contract.

Failure to disclose variances may result in the Contractor being held to full compliance of the

Solicitation requirements.

3.24. Cone of Silence

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

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4. SUPPLEMENTAL CONDITIONS

Priority of Federal Provisions

To ensure acceptance of the Solicitation, Contractor must adhere to the following instructions.

In the event of a conflict between the Instructions, General Conditions, Special Conditions, or the Special Conditions for Federal Contracts, the Special Conditions for Federal Contracts shall take precedence.

Purpose of Federal Contract Provisions

As a recipient of funding from the Federal Emergency Management Agency (FEMA), the City of

Fort Myers (“City”) is required to include specific provisions in contracts funded in whole or in part with federal financial assistance, as applicable under relevant federal regulations and guidance.

These provisions apply to all contracts, purchase orders, work orders, and similar agreements

(collectively referred to as “Contracts”) that may be utilized in response to a federally declared disaster. Such contracts may be funded in whole or in part by FEMA Federal Public Assistance funding.

Note: Funding provided under other federal programs may require additional or different provisions.

Acceptance of Federal Provisions

By submitting an offer/response, the Contractor agrees to: Incorporate the following provisions into any resulting Contract or Agreement and Include these provisions in any additional

Contract or Agreement to which this section is physically attached or incorporated by reference when executed.

4.1. Access to Records 2 C.F.R. § 200.337

Right of Access

The following access to records requirements apply to this Contract:

4.1.1. The Contractor agrees to provide The City of Fort Myers, Lee County, the FEMA

Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this Contract for the purposes of making audits, examinations, excerpts, and transcriptions.

4.1.2. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

4.1.3. The Contractor agrees to provide the FEMA Administrator or his or her authorized representatives access to construction or other work sites pertaining to the work being completed under the Contract.

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4.1.4. In compliance with the Disaster Recovery Act of 2018, the City and the Contractor acknowledge and agree that no provision in this contract is intended to limit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.

4.2. Buy America, Build America (BABA)

Contractors and their subcontractors who apply or bid for an award for an infrastructure project subject to the domestic preference requirement in the Build America, Buy America Act shall file the required certification to the City with each bid or offer for an infrastructure project, unless a domestic preference requirement is waived by FHWA. Contractors and subcontractors certify that no federal financial assistance funding for infrastructure projects will be provided unless all the iron, steel, manufactured projects, and construction materials used in the project are produced in the United States. BABA, Pub. L. No. 117-58, §§ 70901-52. Contractors and subcontractors shall also disclose any use of federal financial assistance for infrastructure projects that does not ensure compliance with BABA domestic preference requirements. Such disclosures shall be forwarded to the recipient who, in turn, will forward the disclosures to

FHWA, the federal agency; subrecipients will forward disclosures to the passthrough entity, who will, in turn, forward the disclosures to FHWA.

BABA certification form is required and included in the questionnaire section of the solicitation.

4.3. Buy Clean

City encourages the use of environmentally friendly construction practices in the performance of this Contract. In particular, City encourages that the performance of this Contract includes considering the use of low-carbon materials which have substantially lower levels of embodied greenhouse-gas emissions associated with all relevant stages of production, use, and disposal, as compared to estimated industry averages of similar materials or products as demonstrated by their environmental product declaration.

4.4. Byrd Anti-Lobbying Amendment Provisions, 31 U.S.C. 1352 (as amended)

Contractors who apply or bid for an award of $100,000 or more shall file the required certification found at APPENDIX A, 44 C.F.R. PART 18. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of

Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C.

§ 1352. Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the federal agency.

4.5. Changes

Any changes to the scope of work, price, or schedule shall be made in writing and signed by an authorized representative of each party.

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4.6. Copyright

The Contractor grants to the City, a paid-up, royalty-free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the

City or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works.

Upon or before the completion of this contract, the Contractor will deliver to the City data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the City.

4.7. DHS Seal, Logo and Flags

Contractor must obtain written permission from the City and the U.S. Department of Homeland

Security (DHS) prior to using the DHS seals, logos, crests, or reproductions of flags, or likenesses of DHS agency officials. This includes use of DHS component (e.g., FEMA, CISA, etc.) seals, logos, crests, or reproductions of flags, or likenesses of component officials.

4.8. Equal Employment Opportunity

Federally assisted construction contract means any agreement or modification thereof between any applicant and a person for construction work which is paid for in whole or in part with funds obtained from the Government or borrowed on the credit of the Government pursuant to any

Federal program involving a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, or any application or modification thereof approved by the Government for a grant, contract, loan, insurance, or guarantee under which the applicant itself participates in the construction work.

The regulation also defines “construction work” as follows:

Construction work means the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction.

The regulation requires the language provided in 41 C.F.R. § 60-1.4(b) to be included in federally funded contracts. However, the regulation is largely based on Executive Order 11246, which has been revoked by Executive Order 14173, Ending Illegal Discrimination and Restoring

Merit-Based Opportunity (Jan. 21, 2025). Accordingly, the language below has been modified from the version at 41 C.F.R. § 60-1.4(b) to remove the requirements of Executive Order

11246.

During the performance of this Contract, the Contractor agrees to the following:

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