ITB 26-103

Traffic Signal Painting

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

Traffic Signal Painting, ITB 26-103

TABLE OF CONTENTS

1. INTRODUCTION

2. SCOPE OF WORK (SPECIFICATIONS)

3. INSTRUCTIONS TO RESPONDENTS

4. INSURANCE

5. GENERAL TERMS & CONDITIONS

6. DEFINITIONS

7. SUBMITTAL QUESTIONNAIRE

8. BID SCHEDULE / SCHEDULE OF VALUES

1. INTRODUCTION

1.1. Summary

The Intent of this Contract is to provide for the field pretreatment surface preparation and field maintenance painting of existing Steel Strain Poles, Mast Arm, and Monotube Assemblies under the jurisdiction of City of Fort Myers, Public Works Department all per Lee County DOT standard specifications and procedures.

The traffic signal poles are faded, peeling and in need of restoration. The City of Fort Myers is required to maintain the finish on these per the Lee County DOT Traffic - Maintenance

Agreement.

1.2. Background

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

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

1.3. 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

1.4. Advertisement

ITB 26-103 Traffic Signal Painting

The City of Fort Myers is seeking submittals for ITB 26-103 Traffic Signal Painting. Submittals must be received electronically on or before Friday, November 6, 2026 at 2:00 pm EST. Interested participants are encouraged to download the solicitation documents. For more details visit:

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

CITY OF FORT MYERS

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

Lilliana Baker, CMC, City Clerk RUN DATES: Wednesday, October 7,

1.5. Cone of Silence

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

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

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

1.6. OpenGov Portal

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

1.7. Timeline

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

Release Project Date: October 7, 2026

Question Submission Deadline: October 28, 2026, 2:00pm

Response Submission Deadline: November 6, 2026, 2:00pm

Proposed City Council Approval: November 16, 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. The Contractor acknowledges that experience obtained under a different legal entity, through merger, acquisition, or predecessor organization may be considered only if adequately documented and accepted by the City.

2.1.2.1. Contractor shall provide documentation demonstrating the required experience.

Acceptable documentation may include, but is not limited to, previous contracts, purchase orders, project lists, client references, certificates of completion, invoices, or other documentation sufficient for the City to verify the nature and duration of the Contractor's experience.

2.1.2.2. Experience obtained under a different legal entity, through merger, acquisition, or predecessor organization may be considered only when the relationship between the entities and the applicable experience are adequately documented and accepted by the

City.

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 disclose, for the preceding five years, any material litigation, administrative proceeding, professional disciplinary action, criminal conviction, or final judgment involving the Contractor or proposed project principal that relates to fraud, professional negligence, public contracting, licensure, safety, or performance of comparable services.

Pending matters must be clearly identified as allegations and not final determinations.

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. Additional Mandatory Minimum Qualifications Specific to this Solicitation

In addition to the Mandatory Minimum Qualifications stated above, the Contractor shall meet the following requirements specific to this solicitation:

2.2.1. Experience

Contractor shall have a minimum of three (3) years of experience painting traffic signal strain poles and mast arms.

2.2.1.1. Contractor shall provide a list of relevant projects demonstrating the required experience. At a minimum, the list shall include the project name, client/agency, description of work performed, dates of performance, and client contact information. The City may request contracts, purchase orders, certificates of completion, invoices, or other documentation to verify the experience provided.

2.2.2. Licenses and Authorizations

Contractor shall possess all licenses, certifications, and authorizations required to legally perform the work.

2.2.2.1. Contractor shall provide copies of all applicable licenses, certifications, and authorizations required to perform the Work.

2.2.3. MOT Certification

Contractor shall have the ability to provide at least one (1) individual on site during

Maintenance of Traffic (MOT) operations who is trained and certified in International

Municipal Signal Association (IMSA) Safety in the Work Zone or FDOT Work Zone Safety

Certification.

2.2.3.1.The Contractor shall provide a copy of a current IMSA Safety in the Work

Zone Certification or FDOT Work Zone Safety Certification for at least one (1) individual who will be assigned to the Work and shall be present onsite at all times while work zone or Maintenance of Traffic (MOT) activities are being performed.

2.2.4. Equipment

Contractor shall own, rent, or otherwise have access to all equipment necessary to perform the Work, including aerial equipment with a minimum working height of thirty-seven (37) feet.

2.2.4.1. Contractor shall provide an equipment list identifying the equipment proposed for use, including make, model, year, and working height of the aerial equipment. For equipment that will be rented or leased, Contractor shall identify the anticipated rental or leasing source.

2.2.5. Safety Requirements

Contractor and all subcontractors shall comply with all applicable federal, state, and local occupational safety requirements.

Contractor shall be responsible for the safety of its employees, subcontractors, and all persons within or around the work area and shall take all necessary precautions to prevent injury, property damage, accidents, and unsafe conditions. Contractor shall provide and require the use of all necessary personal protective equipment (PPE), safety devices, barricades, warning signs, and other protective measures required for the work.

For work requiring traffic control or Maintenance of Traffic (MOT) within or adjacent to roadways, rights-of-way, or areas affecting vehicular or pedestrian traffic, Contractor shall comply with all applicable Florida Department of Transportation (FDOT) requirements, standards, and specifications.

2.2.5.1. Safety Compliance

Contractor shall be responsible for ensuring that all employees and subcontractors performing the Work are properly trained and equipped to safely perform their assigned duties and comply with all applicable safety requirements. Contractor shall promptly identify and correct unsafe acts or conditions and shall maintain required safety measures throughout the performance of the Work.

Compliance with these requirements shall not relieve Contractor of responsibility for the safety of its operations or for protecting persons and property within and around the work site.

2.3. Scope of Work

The Intent of this Contract is to provide for the field pretreatment surface preparation and field maintenance painting of existing Steel Strain Poles, Mast Arm, and Monotube Assemblies under the jurisdiction of City of Fort Myers, Public Works Department all per Lee County DOT standard specifications and procedures. The Contractor shall furnish all labor, supervision, materials, surface preparation, pretreatment, coatings, equipment, Maintenance of Traffic (MOT), protection, cleanup, and incidental work necessary to complete the Work in accordance with the Contract Documents and coating manufacturer's requirements. All work shall be coordinated with Lee County DOT.

Definitions

Maintenance Painting: The painting of in-service structures that have previously been completely painted and require repainting under normal operating conditions.

Solvent Clean: A method for removing all visible oil, grease, soil, drawing and cutting compounds, and other soluble contaminants from surfaces to be coated. It is intended that solvent cleaning be used prior to the application of paint and in conjunction with surface preparation methods specified for the removal of rust, mill scale, or paint.

2.4. Pretreatment Specifications for Galvanized Surfaces

General Description: A concentrated, nonflammable phosphoric acid based chemical treatment that is designed to produce a zinc phosphate coating on galvanized (zinc coated) metal and cadmium plated surfaces. The coating formed becomes a part of the metal surface and provides an ideal substrate for the adhesion of overcoats.

1. Pressure Clean and/or mechanically remove all existing coatings to bare metal or if sound portions of the original coating are to be left in place, remove all loose, cracked, brittle, and non-adherent coating, and feather back the edges of all existing paint to sound material.

2. Treat all surfaces according to the manufacturer’s directions. Rinse thoroughly and use an abrasive type stiff brush to flush off excess solution per manufacturers instructions.

3. Ensure all surfaces to be coated are clean, dry, and free from oil, grease, dirt, dust, soluble salts, corrosion, peeling coating, caulking, and any other surface contaminants. Sequence the surface preparations and coating operations so that freshly applied coatings will not be contaminated by dust or foreign matter.

2.5. Pretreatment Specifications for Painted Surfaces

Pressure wash and solvent clean to meet the SSPC-SP-1 Cleanliness Standard to remove any contamination that may be present.

1. First pressure-wash the entire surfaces to be coated with a minimum 3,000 PSI pressure wash at the tip to remove all visible contaminants. After washing, if a visible contaminant is still present, solvent wipe using xylene to remove the visible contaminant.

2. Abrade the previously applied coating to remove any remaining gloss and to obtain a minimum surface profile of 1.0-mil for adhesion of the engineered siloxane, Amerlock 400 primer. This can be accomplished by hand or power tool sanding with 80 - 120 grit sandpaper or equal.

Care should be taken not to abrade the surface too aggressively as surface defects may be visible when coated depending on coating thickness application.

3. Once the abrading has been completed, remove all abrasion dust.

4. Just prior to coating each section of the surfaces to be coated, solvent wipe using xylene to remove all exhaust from gasoline and diesel vehicles.

2.6. Paint Specifications

General Description: A high performance epoxy and acrylic polyurethane (polysiloxane) designed for one-coat use in exterior industrial maintenance environments for a previously painted galvanized steel surface per the following:

Ameron Coatings PSX700T2/01

Color:

• State Roads - #FED-STD-595B-17038 (Black)

• Downtown City Roads - #917103000003081 RAL 7035

• Finish: High Gloss

• Volume Solids: 90% ± 3% mixed

• Theoretical Wet Film Thickness: 7.0 Mils

• Theoretical Dry Film Thickness: 5.1 Mils

2.7. Environmental Conditions

Surface temperatures must be at least 5ºF (3ºC) above dew point to prevent condensation during application and initial dry through. Relative humidity lower than 40% will extend dry times.

2.8. Application of Paint

The Contractor shall comply with the following requirements for the preparation and application of coatings:

1. Personnel Training: Ensure all personnel involved in mixing or applying coatings are properly trained in coating preparation and application procedures, specification requirements, material application characteristics, and inspection criteria. Only trained personnel shall be permitted to mix or apply coatings.

2. Thinners and Cleaners: Use all thinners, cleaners, and related materials in accordance with the coating manufacturer's technical data and recommendations.

3. Test Patch: When sound portions of the existing coating are to remain in place, apply a test patch of the proposed coating system prior to commencing full cleaning and coating operations. The test patch shall:

o Be a minimum of 100 square feet;

o Be applied in accordance with the coating manufacturer’s specifications; and o Be evaluated and approved by the manufacturer’s representative before full application proceeds.

4. Coating Application: Apply the complete coating system to all required surfaces in accordance with the coating manufacturer's specifications and recommendations.

5. Quality of Application: Each coat shall be uniform and free of runs, sags, blisters, bubbles, mud cracking, holidays, excessive film buildup, foreign contaminants, dry overspray, and unacceptable variations in color, gloss, or texture.

6. Inspection: Inspect coated surfaces for missed areas, pinholes, and other coating defects in accordance with the manufacturer’s recommendations.

7. Rough or Pitted Surfaces: Where necessary to obtain complete and acceptable coverage on rough or pitted surfaces, apply additional coating thickness in accordance with the coating manufacturer’s requirements and recommendations.

8. Defective Coating: Any coating that lifts, curls, peels, or otherwise fails after application shall be removed. The affected area shall be properly cleaned, prepared, and recoated at no additional cost to the City.

2.9. Weather and Temperature Limitations for Field and Maintenance Coating

• Ensure the ambient air temperature, relative humidity, and dew point and surface temperature of the steel to be coated are within limits recommended by the coating manufacturer.

• Do not apply coatings when contamination from rainfall is imminent or when the temperature or humidity is outside limits recommended by the coating manufacturer.

2.10. Methods of Application

Apply paint by the following methods and per the manufacturer’s directions, except where another particular method is specified in the Contract Documents:

1. Brushing.

2. Air spraying.

3. Airless spraying.

4. Any combination of methods (1), (2), and (3) above.

5. Use daubers or sheepskins where none of the above methods is practical for proper application to surfaces difficult to access.

6. Use roller coat application on flat or slightly curved surfaces, blast-cleaned or pickled surfaces, or primed or striped portions of surfaces. Unless specifically authorized by the Department, or unless the paint over such areas is subsequently brushed out, do not use roller coat applications to apply primer over hand tool cleaned, or power tool cleaned irregular surfaces such as rivets, bolts, crevices, welds, corners, and edges.

7. Use dipping or flow coating methods only when specifically authorized by the Department.

Paint that lifts or curls after application must be removed and the area cleaned and recoated at no additional cost to the Department.

Do not allow any portion of the coating films to be less than the specified minimum film thickness. Ensure that the total minimum film thickness for any combination of coats equals the sum total of the averages for the specified thickness range of the individual coats.

2.11. Storage of Paint

Follow Manufacture's recommendations. Do not open containers of paint until required for use. Use any open containers first. In general, open and use the oldest paint of each kind first. Store all paint and thinner in an area that is well ventilated and is protected from sparks, flame, direct rays of the sun, and excessive heat.

Do not use paint that has livered, gelled, or otherwise deteriorated during storage. The Engineer will accept thixotropic materials that the Contractor can bring to normal consistency by stirring. In closed or recirculating paint systems where gas under pressure is used over the liquid, use only an inert gas

(such as nitrogen) for such purpose.

2.12. Protection of Adjacent Surfaces

Consider wind direction, velocity and geographic location as having a major impact on all cleaning and painting operations. If conditions are such that material is dispersed to areas where vehicles or other property may be damaged, suspend operations until conditions improve enough to permit work without damage.

Protect all surfaces not intended to be painted, which are adjacent to, or in close proximity to the surfaces to be painted, during the application of paint. Clean surfaces other than those intended to be painted until all traces of paint have been removed and the surface has an acceptable appearance.

Use all necessary precautions to prevent material from cleaning and painting operations from being dispersed outside the work site.

2.13. Requirements for Individual Coats

To the maximum extent practical, apply each coat of paint as a continuous film, of uniform thickness, free of pores. Repaint all thin spots or areas missed in the application and allow them to dry before applying the next coat of paint.

2.14. Thickness of Coats

After application of the paint on structural steel, the Project Manager or designated representative will thoroughly inspect the surfaces. Obtain the approval of the Project Manager or designated representative before applying the final coat. The Project Manager or designated representative will take film thickness measurements at the approximate rate of one for each 25 ft2 [2.25 m2] of area unless deficient thickness is found, in which case the Project Manager or designated representative will increase the rate of sub measurements as required to determine the extent of the deficient areas.

Provide the necessary ladders, scaffolds, or lift equipment for making the inspection.

2.15. Tinting (For Color Differential)

When successive coats of paint of the same color have been specified, sufficiently tint alternate coats of paint (when approved by the coatings manufacturer) to produce enough contrast to indicate complete coverage of the surface. Use a tinting material that is compatible with the paint and not detrimental to its service life.

2.16. Recoating

When recoating is required, allow each coat of paint to dry for at least 48 hours before applying the succeeding coat.

2.17. Timing Requirements

Immediately following the cleaning of the surface, apply the first coat and apply succeeding coats before allowing any contamination of the previous coats to occur.

In the event that such timing of the application is not possible or is impractical, make any required modifications as approved by the Project Manager.

2.18. Specific Requirements for Brush Application

1. Brushes: Use brushes of a style and quality that will enable proper application of paint per the paint manufacture's recommendations. Provide round or oval brushes for rivets, bolts, irregular surfaces, and rough or pitted steel. Use flat brushes, 5 inches (125 mm) wide or less, for large flat areas.

2. Painting: Brush to obtain a smooth coat as nearly uniform in thickness as possible. Paint surfaces not accessible to brushes by spray or by daubers or sheepskins.

2.19. Other Types of Application

Roller application may be used only at locations and under the conditions permitted in Methods of Application, Item 6.

When roller application is used, the Contractor shall:

• Apply the coating in accordance with the coating manufacturer's recommendations and application requirements.

• Use rollers of the type, size, material, and quality recommended for the coating being applied and the surface conditions.

• Apply the coating uniformly to achieve the manufacturer's required coverage and dry film thickness.

• Ensure the finished coating is continuous and free of runs, sags, roller marks, holidays, or other application defects.

• Apply additional coats or perform corrective work as necessary to achieve the specified coating system and required film thickness.

Roller application shall not be used where prohibited by the coating manufacturer or where it would prevent achievement of the specified coating quality or thickness.

2.20. Unforeseeable Work

When the Department requires work that is not covered by a price in the Contract and such work does not constitute a “Significant Change” and the Department finds that such work is essential to the satisfactory completion of the Contract within its intended scope, the

Department will make an adjustment to the Contract. The Project Manager will determine the basis of payment for such an adjustment in a fair and equitable amount.

Additional items and/or services may be added to this contract upon satisfactory negotiation of price by the Project Manager and Contractor.

2.21. Final Cleaning Up of Right-of-Way

Upon completion of the Work, and prior to final acceptance and payment by the City, the

Contractor shall clean and restore all areas affected by the Work.

The Contractor shall:

• Remove all paint drips, overspray, spots, and other coating residue from surrounding surfaces and areas.

• Remove all temporary structures, falsework, equipment, surplus materials, discarded materials, debris, and rubbish from the right-of-way and adjacent areas.

• Restore, to the City's satisfaction, all public and private property damaged or disturbed as a result of the Work.

• Leave all waterways, drainage facilities, and other conveyances free and unobstructed.

• Leave the roadway, right-of-way, and surrounding work areas in a clean, neat, safe, and presentable condition.

• Not dispose of or abandon materials, rubbish, debris, or equipment on adjoining or abutting property, regardless of whether permission has been obtained from the property owner.

• Shape, grade, dress, and restore areas adjacent to the project right-of-way that were used for staging, material storage, equipment storage, or other project-related activities when such areas are no longer required.

2.22. City Yard Storage

The City may permit the Contractor to temporarily store equipment and materials at a designated City yard, subject to prior approval and any conditions established by the City. Use of the City yard shall be limited to equipment and materials necessary for performance of the

Work.

Discarded equipment, waste materials, debris, rubbish, or other materials intended for disposal shall not be stored or abandoned at the City yard. The Contractor shall maintain any City-provided storage area in a clean and orderly condition and shall remove all Contractor-owned equipment and materials upon completion of the Work.

2.23. Prices

Labor quoted shall include all labor cost, insurance, overhead, profit, travel time, mileage and be exclusive of taxes. Prices quoted must be firm for the term of the Contract.

2.24. Contractors Requirements/Responsibilities

1. The contractor shall be responsible for safe Maintenance of Traffic (MOT) practices in accordance with the current FDOT administrative procedure during all phases of project work. Contractor will provide a minimum of one person on site at all times who speaks, reads, and understands English and is trained and certified to a minimum of IMSA Safety in the Work Zone or FDOT Work Zone Safety Certification to oversee set-up and maintenance of the MOT. Contractor will assure the use of safety vests, traffic cones, and arrow boards at all work locations. Observation of unsafe MOT practices by Public

Works or Risk Management personnel will be grounds for an order to cease work.

Continued unsafe MOT practices will be grounds for voiding this contract.

2. All MOT Shall Be Considered as Incidental Work and payment therefore is Included in the respective Contract Bid amounts. No material, labor or equipment, shall be added to invoiced costs for design, set-up,take-down, or maintenance of proper MOT.

3. The contractor shall be capable of providing field engineering and technical assistance as needed within the contract period.

4. All project meetings, scheduled or unscheduled, field meetings, office work, and permit application preparation work shall be considered administrative overhead and incidental to contract work, and is to be performed without billing.

5. All project meetings, scheduled or unscheduled, field meetings, office work, and permit application preparation work shall be considered administrative overhead and incidental to contract work, and is to be performed without billing.

6. All work performed by the contractor shall be in accordance with the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2016

Edition), Florida Department of Transportation Design Standards (2016 Edition) and the

Public Works Department Design Standards, Latest Edition.

7. The City reserves the right to undertake any work outlined in these specifications by City forces or by other contracts if such action is in the best interest of the City.

8. Contractor may be required to perform work at night and/or on weekends due to lane closure prohibitions during the hours of 6 a.m. to 9 a.m. and 3 p.m. to 6 p.m. weekdays on major collectors or arterials, except for emergency repairs.

2.25. Protection of Property

• The Contractor shall make necessary repairs in such a manner that does not damage property. In the event damage occurs to property by reason of any repairs or installations performed under this Contract, the contractor shall replace or repair the same at no cost to the City.

• If damage caused by the Contractor has to be repaired or replaced by the City, the cost of such work shall be deducted from the monies due to the Contractor.

2.26. Coating Warranty and Performance Requirements

The Contractor shall warrant the coating work against defects in workmanship and application for a period of five (5) years from the date of final acceptance by the City of Fort Myers. If a coating failure is determined to be the result of improper workmanship or application, the

Contractor shall be responsible for correcting the defective work.

The following requirements shall apply:

• Coating Failure: The coating shall remain free from blistering, peeling, softening, loss of bond, or other adhesion failures resulting from defective workmanship or application throughout the five-year warranty period.

• Galvanized Steel: Coating systems applied to galvanized steel strain poles, mast arms, and monotube assemblies shall be specifically intended and compatible for use over galvanized steel.

• Color Requirements: The finished coating shall meet the color requirements specified in the Contract Documents.

• Adhesion: A steel signal mast arm assembly or monotube assembly exhibiting a cumulative delaminated surface area greater than 100 square inches shall constitute an adhesion failure.

• Delamination: Delamination is defined as any area of exposed metal remaining after hand-tool cleaning in accordance with SSPC-SP2.

• Color Retention: A change in coating color greater than 8 ΔE*, measured in accordance with the CIE L*a*b* 1976 color system, shall constitute a color-retention failure during the five-year warranty period.

• Initial Color Measurement: The initial color shall be established using the topcoat color of the two sample coupons. The CIE 1976 L*a*b* chromaticity coordinates shall be measured using a BYK-Gardner Handicolor colorimeter with a D65 illuminant and 2-degree geometry settings. These measurements shall serve as the baseline for determining color retention and resolving color-retention disputes.

• Material Compatibility: All coating systems shall possess the physical properties and handling characteristics necessary to meet the applicable application requirements and shall be compatible with the galvanized steel substrate.

2.27. Contract Quantities

The locations identified in the Bid Schedule are provided for bid evaluation purposes only and do not represent guaranteed quantities or a minimum amount of Work to be performed under the Contract.

The actual locations and quantity of Work will be determined by the City based on available funding, operational needs, and requirements that arise during the Contract term.

The Contractor acknowledges and agrees that:

• The City makes no guarantee as to the minimum or maximum quantity of Work that will be ordered.

• The locations and quantities identified in the Bid Schedule shall not be construed as a commitment or obligation by the City to purchase any specific amount of Work.

• The City may increase, decrease, or eliminate Work at individual locations based on available funding and City needs.

• The Contractor shall perform Work authorized by the City at the applicable Contract pricing, unless otherwise specified in the Contract.

• Payment shall be based only on Work actually authorized, performed, and accepted by the City.

3. INSTRUCTIONS TO RESPONDENTS

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 OpenGov Portal. 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 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 Respondent

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 will submit a bid/proposal should "follow" the project to 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 conflict, discrepancy, error, or inconsistency in the Solicitation Documents

3.7. Submittal Guidelines

3.7.1. Official Submittal Portal

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

3.7.2. 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, failure to disclose variances may result in the Contractor being held to full compliance of the Solicitation requirements.

mailto:procurementservices@fortmyers.gov

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.

3.7.3. 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.

3.7.4. 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.

3.7.5. Required Documents

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

3.7.6. 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.

3.7.7. 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.

3.7.8. 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.

3.8. Questions and Addenda

3.8.1. 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.

3.8.2. 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.

3.8.3. 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.

3.9. Modification and Withdrawal of Submittals

3.9.1. 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.

3.9.2. 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.

3.10. Opening Submittals for Non-Construction

ITB's will be opened in accordance with applicable City procedures. Submittals are exempt from public disclosure to the extent and for the period provided in section 119.071(1)(b), Florida

Statutes.

3.11. Reserved Rights

3.11.1. 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.

3.11.2. 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.

3.11.3. 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. 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.

3.13. Evaluation and Award Process

3.13.1. 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.

3.13.2. 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.

3.13.3. 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.

3.13.4. 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.

3.13.5. 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.

3.14. Award of Agreement

3.14.1. 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 Contractor based on pricing. The award is contingent upon final approval by the City Council.

The Agreement shall include the established Service 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.

3.14.2. Multiple Awards

N/A

3.14.3. Purchase Order

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

3.15. 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.

3.16. Execution of Agreement

The successful Contractor shall, shall execute the Agreement/Contract within seven (7) 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.

3.17. 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.

https://www.cityftmyers.com/DocumentCenter/View/14396…