Waterway_Debris_Collection_and_Removal_NRCS_Emergency_Watershed_Protection_Grant_(Addendum_#3_Revision).pdf

RFP 26-060

Waterway Debris Collection and Removal / NRCS Emergency Watershed

Protection Grant

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

Waterway Debris Collection and Removal / NRCS Emergency Watershed Protection Grant, RFP 26-060

TABLE OF CONTENTS

1. INTRODUCTION

2. SCOPE OF WORK (SPECIFICATIONS)

3. INSTRUCTIONS TO PROPOSERS

4. INSURANCE

5. SPECIAL CONDITIONS

6. GENERAL TERMS & CONDITIONS

7. SELECTION COMMITTEE AND EVALUATION PROCESS

8. EVALUATION CRITERIA

9. DEFINITIONS

10. PRICING PROPOSAL

11. SUBMISSION QUESTIONNAIRE

1. INTRODUCTION

1.1. Advertisement

RFP 26-060 Waterway Debris Collection and Removal / NRCS Emergency Watershed

Protection Grant

The City of Fort Myers is seeking submittals for RFP 26-060 Waterway Debris Collection and

Removal / NRCS Emergency Watershed Protection Grant. Submittals must be received electronically on or before Monday, August 17, 2026 at 2:00 pm. Interested participants are encouraged to download the solicitation documents. For more details visit:

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

CITY OF FORT MYERS

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

Mary Hagemann, City Clerk RUN DATES: Wednesday, July 15, 2026

1.2. Contact Information

Direct inquiries to the following:

Procurement Representative Name

Cathy Scott, Senior Procurement Specialist

2200 Second Street

Fort Myers, FL 33901

Email: cscott@fortmyers.gov

Phone: (239) 321-7235

Requesting Department:

Engineering (Public Works)

1.3. OpenGov Portal

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

1.4. Timeline

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

Release Project Date: July 15, 2026

Pre-Proposal Meeting (Non-Mandatory): July 22, 2026, 10:00am

City Hall

2200 Second Street

Fort Myers, Fl 33901

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

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

Selection Committee: September 1, 2026, 10:00am

Presentations (if desired by the committee): September 21, 2026, 4:30pm

1.5. Pre-Submittal Meeting

The purpose of a Pre-Submittal Meeting is to review and discuss the solicitation and any addenda as published. A representative from Procurement Services and a representative from the requesting department will be present to discuss the solicitation. The date, time, and location as stated in the 'timeline'.

2. 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 submission. This requirement is reasonably related to ensuring Contractor stability and capacity.

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

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

• Judgments: Any court decisions against them.

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

• Criminal Activities: Any criminal conduct, especially if it involves moral turpitude (actions that are morally reprehensible).

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

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

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

Contract and any contract renewals.

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

2.2. Scope of Work

The City of Fort Myers seeks qualified contractors to provide all labor, supervision, equipment, materials, transportation, processing, storage, disposal, recycling, site management, and related services necessary for the collection and management of debris associated with the NRCS

Emergency Watershed Protection (EWP) Program in accordance with all applicable federal, state, and local requirements.

Work shall be performed in accordance with the plans, specifications, scope requirements, and all other contract documents issued by the City.

1. SERVICES TO BE PROVIDED

The Contractor shall provide comprehensive debris management and site operations services, including but not limited to:

• Collection and removal of eligible debris

• Loading, hauling, staging, and transportation of debris

• Establishment and management of temporary debris storage and reduction sites

(TDSRS), if required

• Debris segregation, processing, recycling, reduction, and final disposal

• Site monitoring and environmental compliance

• Traffic control and safety measures

• Documentation and reporting necessary to support NRCS reimbursement eligibility

• Coordination with the City and regulatory agencies throughout project performance

The Contractor shall furnish all labor, materials, equipment, tools, fuel, supervision, incidentals, and resources necessary to complete the work.

2. DOCUMENTATION REQUIREMENTS

The Contractor shall maintain and provide complete, accurate, and auditable records sufficient to support the City of Fort Myers’ reimbursement requests under the NRCS Emergency

Watershed Protection Program.

Required documentation shall include, at a minimum:

a. Material Invoices

Invoices covering actual costs of materials used in constructing eligible EWP project measures.

b. Material Records

Records documenting the type, quality, and quantities of materials actually used in eligible EWP project measures.

c. Labor Records

Daily time records for each employee showing:

• Employee name

• Job classification

• Wage rate

• Hours worked

• Dates worked

• Work performed associated with eligible EWP project measures

d. Equipment Operating Records

Equipment records documenting:

• Type and size of equipment

• Hourly rate

• Actual hours of operation

• Dates utilized on the project

Equipment idle time is not eligible for reimbursement and shall not be included in submitted operating records.

e. Weekly Progress Reports

Weekly progress reports shall be submitted to the City and shall include:

• Work completed during the reporting period

• Work planned for the upcoming period

• Site inspection summaries

• Quantities processed or removed

• Problems encountered

• Corrective actions implemented

3. FEDERAL COMPLIANCE REQUIREMENTS

All work performed under this solicitation and resulting contract shall comply with all applicable federal laws, regulations, executive orders, and grant requirements, including but not limited to the following:

Procurement Standards

• 2 CFR §§ 200.317 through 200.327

Labor and Safety Compliance

Contractors and subcontractors shall perform all work in accordance with:

• Occupational Safety and Health Administration (OSHA) regulations

• Contract Work Hours and Safety Standards Act (40 USC §§ 3701–3708)

• Department of Labor Regulations (29 CFR Part 5)

Federal Grant and Administrative Requirements

The Contractor shall comply with all applicable provisions of:

• 2 CFR Part 25 – Universal Identifier and System for Award Management (SAM)

• 2 CFR Part 170 – Reporting Subaward and Executive Compensation Information

• 2 CFR Part 175 – Award Term for Trafficking in Persons

• 2 CFR Part 180 – OMB Guidelines to Agencies on Governmentwide Debarment and

Suspension

• 2 CFR Part 182 – Governmentwide Requirements for Drug-Free Workplace

• 2 CFR Part 183 – Never Contract with the Enemy

• 2 CFR Part 184 – Buy America Preferences for Infrastructure Projects

• 2 CFR Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit

Requirements for Federal Awards

• 2 CFR Part 400 – Uniform Administrative Requirements, Cost Principles, and Audit

Requirements for Federal Awards

• 2 CFR Part 417 – Nonprocurement Debarment and Suspension

• 2 CFR Part 418 – New Restrictions on Lobbying

• 2 CFR Part 421 – Requirements for Drug-Free Workplace

• 2 CFR Part 422 – Research Institutions Conducting USDA-Funded Extramural Research;

Research Misconduct

4. CONTRACTOR RESPONSIBILITIES

The Contractor shall:

• Ensure all subcontractors comply with applicable federal requirements

• Maintain all required licenses, permits, and certifications

• Cooperate with City, State, Federal, and NRCS representatives

• Maintain records in accordance with federal retention requirements

• Provide documentation upon request for monitoring, audit, or reimbursement review purposes

• Perform all work in a safe, timely, and professional manner consistent with industry standards

5. RECORD RETENTION AND AUDIT

The Contractor shall maintain all project-related records for the period required under federal grant regulations and shall provide access to such records upon request by the City, NRCS, USDA, FEMA, State agencies, or authorized auditors.

3. INSTRUCTIONS TO PROPOSERS

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 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.

3.3. 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

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. All submittals must be prepared using the https://fortmyers.gov/DocumentCenter/View/14396/City-of-Fort-Myers-Procurement-Policy-PDF https://www.fortmyers.gov/1515/Procurement-Ordinances https://www.cityftmyers.com/1171/Procurement-Services 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 exhibits are provided solely to facilitate the preparation and submission of responses. The City reserves the right to cancel any solicitation at any time without obligation.

3.6. Responsibilities of the Contractor

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

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

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

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

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

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

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

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

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

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

3.6.8. The draft contract intended for award is part of the solicitation as an attachment. This draft contains standard legal language and may be modified. Any exceptions to the standard 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. Exceptions to the draft contract may impact the evaluation of the submittal.

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

3.7. Cone of Silence

Contractors responding to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the City posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee of the city concerning any aspect of this solicitation, except in writing to the mailto:procurementservices@fortmyers.gov

Procurement Officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response.

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

In accordance with Florida Statutes 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.

3.9. Submission Guidelines

3.9.1. 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.

3.9.2. Judgment on Disclosure

City reserves the right to exercise its own judgment regarding the disclosure of records. City may take any actions it deems necessary, including filing a declaratory action, to comply with

Federal or Florida public records laws.

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.

3.9.3. Instructions for Uploading Submissions

3.9.3.1. 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.

Public-facing electronic deliverables and narrative reports shall comply with WCAG 2.1

Level AA standards to the extent reasonably applicable. Contractor shall reasonably cooperate with the City in addressing identified accessibility deficiencies in final deliverables.

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 and equipment, proposed fully comply with the Solicitation specifications, b) The Contractor agrees to all terms and conditions outlined in the attached Draft Contract. Failure to disclose variances may result in the Contractor being held to full compliance of the Solicitation requirements.

3.9.3.2. 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 specified due date and time. The City is not responsible for any delays or failures in submission caused by any occurrence.

Contractor is responsible for uploading their submittals directly into OpenGov Submission

Portal.

The authorized representative who binds 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 specified in the solicitation timeline. The official time will be determined by the OpenGov portal's time clock. The portal will not accept submittals after the deadline.

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.

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.

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.

3.9.4. Submission Requirements

Document Format A single PDF document, signed by an authorized representative, must be submitted via the OpenGov portal under the State of Qualifications question of the "Submission

Questionnaire".

Title Page – Introduction Include the following: Name of the individual or firm, Address, Email address, Telephone number, Name of contact person, Date, Solicitation number and title.

Table of Contents Include page numbers and bookmark each section for easy navigation.

Letter of Transmittal Two (2) page limit. Content: Briefly state the Contractor's understanding of the services to be provided. Make a positive commitment to perform the work. Provide the names, titles, addresses, and telephone numbers of authorized representatives.

Mandatory Minimum Qualification Documentation Provide documentation to verify compliance with the "Minimum Qualifications" section. Ensure all documentation is clear and specific.

Evaluation Criteria Place responses to the evaluation criteria in the order it is stated under the

"Evaluation Phase" section.

Required Documents

Corporate Submissions Must be signed in the corporate name by the President or Vice-

President (or other authorized officer with evidence of signing authority). Include the corporate address and state of incorporation.

Partnership Submissions Must be signed in the partnership name by a partner, with the title noted under the signature. Include the partnership's official address.

Litigation History Provide details of any current litigation or outstanding judgments involving the

Contractor in the respective question under the Submission Questionnaire.

3.10. Questions and Addenda

3.10.1. 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.

3.10.2. Authority of Addenda, Responses, and Revisions

Revisions to the solicitation and responses provided via the "Questions & Answers" feature are binding and shall be considered addenda to 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 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.

3.10.3. 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 Contract.

3.11. Modification and Withdrawal of Submissions

3.11.1. Modifying or Withdrawing Submissions

A Request for Proposal may be modified or withdrawn by the Contractor through the OpenGov portal at any time before the opening of the Solicitations.

3.11.2. Withdrawal Due to Material Mistake

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

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

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

3.12. Opening Submissions for Non-Construction

Non-construction-related submittals will be opened privately. In accordance with section

119.071(1)(b)2., Florida Statutes, sealed bids, proposals, or replies received by the City pursuant to this solicitation are exempt from public disclosure until such time as the City provides notice of an intended decision or until thirty (30) days after opening, whichever occurs earlier. Thereafter, records will be made available in accordance with Chapter 119, Florida

Statutes, and Article I, Section 24 of the Florida Constitution, unless otherwise exempt or confidential by law.

3.13. Reserved Rights

3.13.1. 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.

3.13.2. 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.

3.13.3. 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.

3.14. Irrevocable Offer

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

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

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

3.15. Award of Contract

3.15.1. Formal Award

Agreements 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 contract will be awarded to the highest-ranked Contractor based on evaluation criteria and presentation results. The award is contingent upon successful contract negotiation and final approval by the City Council.

3.15.2. Purchase Order

The Purchase Order (PO) issued by the City to the selected Contractor within the time specified for acceptance, in conjunction with the contract, establishes a binding contract without further action by either party.

The contract will include this Solicitation by reference, 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.

3.15.3. 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.

3.16. Form of Contract

• The City’s intended format for the awarded Agreement is attached to this solicitation.

• Any requested revisions to the Agreement must be submitted using the question tab in

OpenGov and resolved prior to the solicitation closing.

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

• 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 project.

3.17. Execution of Contract

• Following successful negotiations, the Contractor shall execute the Services Agreement.

Upon approval by the City Council, the Contractor must submit all required insurance documentation and any other required materials within fifteen (15) calendar days of receiving the fully executed Agreement.

• Failure to timely execute the Agreement and submit required documentation may result in termination of negotiations and commencement of negotiations with the next-ranked

Contractor.

• Electronic signatures are accepted under the Florida Uniform Electronic Transaction Act

(F.S. 668.50)

3.18. Protest Procedure

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

Policy, which can be accessed at the following link:

City of Fort Myers Procurement Policy (PDF)

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

3.19. Post Award Debriefing Process

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

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

• An overview of the solicitation requirements.

• The final overall ranking of all proposals.

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

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

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

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

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

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

4. INSURANCE

Insurance Coverages Required.

Insurance will be provided by the Contractor. If required, the awarded Contractor (and its subcontractors to the same extent and on the same terms as set forth below for Contractor) shall maintain the following coverages and furnish the certificate of insurance on the policies and renewals thereof which indicate that insurance coverage has been obtained meeting the requirements of the contract.

4.1. Insurance Terms and Conditions

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

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

4.1.2. Subcontractor/Subconsultants. Unless expressly specified otherwise in this solicitation, a

Contractor and its Subcontractor/Subconsultants of any tier will be required at their own expense to maintain in effect at all times during the performance of the work insurance coverages with limits not less than those set forth below with insurers and under forms of policies satisfactory to the City. It shall be the responsibility of the Contractor to maintain the required insurance coverages and to assure that Subcontractor/Subconsultants maintain required insurance coverages at all times. Failure of a Contractor to maintain adequate coverage shall not relieve it of any contractual responsibility or obligation. The requirements specified herein as to types, limits, and City’s approval of insurance coverage to be maintained by a Contractor and its Subcontractor/Subconsultants are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Contractor and its

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

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

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

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

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

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

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

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

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

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

4.2. Insurance Certificate Required

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

“occurrence” type. Certificates of insurance for a Contractor and Subcontractor/Subconsultants-furnished insurance and notices of any cancellations, terminations, or alterations of such policies shall be mailed to the Procurement Services at the address set forth for delivery of the

Solicitation.

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

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

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

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

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

• The date of expiration of coverage; and

• The designation of the City, both as an additional insured to the GL & AL on a primary and non-contributory basis, and as a certificate holder. (This requirement is exempted for Professional Liability Insurance and for Workers' Compensation Insurance); and

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

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

Certificate of Insurance containing the following statement:

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

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

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

Insurance will not be required for each separate agreement.

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

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

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

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

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

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

4.3. Comprehensive Automobile Liability

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

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

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

4.3.3. Employer's Liability with a minimum limit per accident in accordance with statutory requirements, or a minimum limit of $1,000,000 for each accident which limit is greater.

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

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

4.4. Commercial General Liability

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

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

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

Subcontractors and/or Completed Operations, Broad Form Property Damage, and a Contractual

Liability Endorsement.

4.4.2. Contractual coverage applicable to this specific Agreement including any hold harmless and/or such indemnification agreement excluding professional acts.

4.4.3. Employer's Liability with a minimum limit per accident in accordance with statutory requirements, or a minimum limit of $1,000,000 for each accident which limit is greater.

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

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

4.5. Workers Compensation and Employer’s Liability

This insurance shall protect the Contractor against all claims under applicable state worker’s compensation laws. The Contractor shall also be protected against claims for injury, disease, or death of employees that, for any reason, may not fall within the provisions of a worker’s compensation law. This policy shall include an “all states” or “other states” endorsement.

Exemption certificates shall be accepted if valid during the term of the contract, but only for those eligible corporate officers pursuant to Chapter 440 of the Florida Statutes. Proof of workers’ compensation coverage must still be provided for all employees, subcontractors not eligible for exemption. The liability limits shall not be less than:

4.5.1. Employer's Liability with a minimum limit per accident in accordance with statutory requirements, or a minimum limit of $1,000,000 for each accident which limit is greater.

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

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

4.6. Marine Coverage

Marine Coverage shall be maintained throughout the term of the contract and shall include, at a minimum, Protection and Indemnity (P&I) Liability coverage with limits of not less than One

Million Dollars ($1,000,000) per claim. Coverage shall also include Jones Act and Crew coverage, where applicable, for all personnel engaged in maritime operations under this contract. All marine insurance policies shall be issued by insurers authorized to do business in the State of Florida and acceptable to the City.

4.7. Environmental / Contractor Pollution Liability

4.7.1 Environmental: Such insurance shall cover the Contractor for liability resulting from pollution or other environmental impairment arising out of, or in connection with, work performed under this Agreement, or which arises out of, or in connection with this Agreement, including coverage for clean-up of pollution conditions and third-party bodily injury and property damage claims arising from pollution conditions. Such insurance shall also include transportation coverage and non-owned disposal site coverage. Coverage must either be on an occurrence basis; or, if on a claims-made basis, the coverage must respond to all claims reported within three years following the period for which coverage is required, and which would have been covered had the coverage been on an occurrence basis. Coverage shall not exclude the assessment, removal, remediation, transport and/or handling of hazardous materials, including but not limited to mold, asbestos, and lead. Said pollution liability policy shall include and list as "Additional Insured" the CITY and the CITY's council members, officials, officers, agents and employees; the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby (including as applicable those arising from both ongoing and completed operations) on a non-contributory basis. Contractor shall obtain all necessary endorsements to support these requirements. The minimum limits (inclusive of any amounts provided by an umbrella or excess policy) shall be:

4.7.2 Minimum limits of $1,000,000 per occurrence and in the aggregate.

5. SPECIAL CONDITIONS

To the extent applicable, the provisions of 2 C.F.R. Part 200, Appendix II are incorporated by reference and shall control in the event of conflict with local provisions.

5.1. Remedies (2 CFR 200 appendix II (A))

(Required for all contracts in excess of $250,000).

If any work performed by the Contractor fails to meet the requirements of the Contract, any other applicable standards, codes or laws, or otherwise breaches the Contract, the City may in its sole discretion:

• elect to have the Contractor re-perform or cause to be re-performed at Contractor’s sole expense, any of the work which failed to meet the requirements of the Contract;

• hire another Contractor to perform the work and deduct any additional costs incurred by

City as a result of substituting Contractors from…