Mill & Replace Asphalt Resurfacing

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

The work is divided into the following sections:

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

The City anticipates that work will begin soon after City Council approval and issuance of the Purchase Order. All authorized work shall be completed within four (4) months after the date of the Purchase Order.

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

Project Details

• Reference ID: ITB 26-070
• Department: Public Works
• Department Head: Peter Bieniek (Public Works Director)

Important Dates

• Questions Due: 2026-08-06T18:00:00.000Z

Evaluation Criteria

• 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.

• Mandatory Minimum Qualifications —

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

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

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

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

  2.1.4.1. Judgments: Any court decisions against them.

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

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

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

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

  The Contractor shall maintain the Minimum Qualifications Requirements during the term of the Contract and any contract renewals.

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

• Acceptance —

  By the City of the Work as being fully complete in accordance with the Contract Documents.

• Local Preference —

  The City of Fort Myers has a local vendor preference policy (Ordinance 38-71 thru 76).  Please click on the ordinance number to review the policy.

• Insurance Terms and Conditions —

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

  4.1.2. Subcontractor. Unless expressly specified otherwise in this solicitation, a Contractor and its Subcontractors of any tier will be required at their own expense to maintain in effect at all times during the performance of the work insurance coverages with limits not less than those set forth below with insurers and under forms of policies satisfactory to the City. It shall be the responsibility of the Contractor to maintain the required insurance coverages and to assure that Subcontractors maintain required insurance coverages at all times. Failure of a Contractor to maintain adequate coverage shall not relieve it of any contractual responsibility or obligation. The requirements specified herein as to types, limits, and City’s approval of insurance coverage to be maintained by a Contractor and its Subcontractors are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Contractor and its Subcontractors under a contract. Any insurance carried by the City that may be applicable shall be deemed to be excess insurance and the Contractor's insurance primary for all purposes despite any conflicting provision in the Contractor's policies to the contrary.

  4.1.3. The Contractor shall obtain, have, and maintain during the entire period of this Agreement, all such insurance policies as are set forth and required herein.

  4.1.4.The insurance coverage to be obtained by the Contractor, as set forth in Agreement for: (1) Worker's Compensation; (2) Commercial General Liability; (3) Commercial Automobile Liability; and (4) Professional Liability is understood and agreed to cover any and all of the services or work set forth in Exhibit “A” of this Agreement, or in any and all subsequently executed Change Orders, or Supplemental Agreements.  If the total amount of insurance coverage established in, and required by, a Change Order or Supplemental Agreement exceeds the amount of insurance coverage carried by the Contractor, then the Contractor shall be required and expected to acquire such additional insurance, and the compensation established for the Change Order, or Supplemental Agreement, shall include consideration of any additional premium cost incurred by the Contractor to obtain such additional insurance coverage. 

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

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

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

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

• Minority Business Enterprise Program —

  All forms MUST accompany each set of Solicitation forms. Minority Business Enterprise (MBE) (Ordinance No 38-122 thru 128): The City has established an MBE Ordinance for expenditures of construction, services, goods, and other services.  Minority Business Enterprise’s (MBE’s) are businesses who are certified by the State of Florida Office of Supplier Diversity and whose principal place of business is located within the boundaries of Lee County.

  The City's Minority Business Enterprise Policy can be found at: https://www.fortmyers.gov/1511/Minority-Business-Enterprise-Program

• Scope of Work —
  City of Fort Myers - Mill & Replace Asphalt Resurfacing

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  1.   Purpose

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

  The work is divided into the following sections:

  • • Package 1 – Mill and Replace Asphalt Resurfacing

    • Package 2 – Mill and Replace Asphalt Paving

    • Alternate Bid – Full Depth Reclamation Method

  The City anticipates that work will begin soon after City Council approval and issuance of the Purchase Order. All authorized work shall be completed within four (4) months after the date of the Purchase Order.

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

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

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

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  2. Package 1 – Mill and Replace Asphalt Resurfacing
  2.1. Description of Work

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

  2.2. Street Locations

  Package 1 shall include work on the following streets:

  • • Shadow Ln

    • Llewellyn Dr

    • Virginia Ave

    • Canal St

    • Sommerset Dr

    • Van Buren St

    • Madison Ave

    • Rio Vista

    • Burtwood Dr

    • Challenger Blvd

  2.3.  Scope of Work – Package 1

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

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

  • • Asphalt milling of existing pavement surfaces

    • Preparation of milled and existing roadway surfaces

    • Roadway surface preparation

    • Application of tack coat

    • Placement and compaction of asphalt pavement

    • Grading and compaction, as needed

    • Adjustment of utility structures as needed

    • Restoration of pavement markings disturbed or removed by the work

    • Traffic control and maintenance of traffic

    • Permitting as may be required

    • Cleanup and removal of debris associated with the work

    • Restoration of areas disturbed by the Contractor’s operations

    • All associated work necessary to provide complete and functional roadway resurfacing improvements

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

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  3.  Package 2 – Mill and Replace Asphalt Paving
  3.1. Description of Work

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

  3.2.  Street Locations

  Package 2 shall include work on the following streets:

  • • Jaylen Watkins St

    • Towles St

    • Barden St

    • Quality of Life Center Way

    • Carver Ave

    • French St

  3.3.  Scope of Work – Package 2

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

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

  • • Asphalt milling of existing pavement surfaces

    • Preparation of milled and existing roadway surfaces

    • Roadway surface preparation

    • Application of tack coat

    • Placement and compaction of asphalt pavement

    • Grading and compaction, as needed

    • Adjustment of utility structures as needed

    • Restoration of pavement markings disturbed or removed by the work

    • Traffic control and maintenance of traffic

    • Permitting as may be required

    • Cleanup and removal of debris associated with the work

    • Restoration of areas disturbed by the Contractor’s operations

    • All associated work necessary to provide complete and functional roadway resurfacing improvements

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

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

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

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

  Additives shall include, but are not limited to:

  • Cement

  • Lime

  • Emulsion

  • Foamed asphalt

  • Chemical stabilizers

  • Other stabilizing agents or additives

  4.2.   Street Locations

  The Alternate Bid shall apply to the following streets:

  • • Jaylen Watkins St

    • Towles St

    • Barden St

    • Quality of Life Center Way

    • Carver Ave

    • French St

  4.3.  Scope of Work – Alternate Bid

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

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

  • • Full Depth Reclamation of existing asphalt pavement and base material

    • Reclamation using existing asphalt and base material only

    • No use of cement, lime, emulsion, foamed asphalt, chemical stabilizers, or other additives

    • Grading, shaping, and preparation of reclaimed material

    • Compaction of reclaimed material

    • Surface preparation prior to asphalt placement

    • Application of tack coat, where required

    • Placement and compaction of asphalt pavement

    • Adjustment of utility structures as needed

    • Restoration of pavement markings disturbed or removed by the work

    • Traffic control and maintenance of traffic

    • Permitting as may be required

    • Cleanup and removal of debris associated with the work

    • Restoration of areas disturbed by the Contractor’s operations

    • All associated work necessary to provide complete and functional roadway resurfacing improvements

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

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  5.  Standards and Specifications

  All work shall comply with applicable requirements, including:

  • • City of Fort Myers standards and specifications

    • Florida Department of Transportation standards and specifications, where applicable

    • Applicable local and state requirements, and generally applicable federal laws or regulations that apply to the Work independent of federal funding.

    • Maintenance of traffic requirements

    • Permitting requirements, as applicable

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

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  6.  Traffic Control and Maintenance of Traffic

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

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

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

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  7.   Utility Adjustments and Coordination

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

  • • Valve boxes

    • Manholes

    • Drainage inlets

    • Cleanouts

    • Meter boxes

    • Other roadway appurtenances located within the project limits

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

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  8.   Pavement Markings

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

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

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

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  9.  Permitting and Regulatory Compliance

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

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

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  10.  Cleanup and Restoration

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

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

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

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  11. Schedule and Completion

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

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

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

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• Addenda —

  A written change, addition, alteration, correction, or revision to a solicitation. 

• Insurance Certificate Required —

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

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

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

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

  • The name and type of policy and coverages provided; and
  • The amount or limit applicable to each coverage provided and the deductible amount, if any, applicable to each type of insurance coverage being provided; and
  • The date of expiration of coverage; and
  • The designation of the City, both as an additional insured to the GL & AL on a primary and non-contributory basis,  to include both premises/ongoing operations and products/completed operations hazards, and as a certificate holder.  (This requirement is exempted for Professional Liability Insurance and for Workers' Compensation Insurance); and
  • A specific reference to this Agreement and the Project to which it pertains.  (This requirement may be exempted for Professional Liability Insurance); or In the event the Contractor has, or expects to enter into an agreement for Professional Services other than those provided for in this Agreement; the Contractor may elect to submit a Certificate of Insurance containing the following statement:

  "This policy covers the services or work provided or performed by the Named Insured for any and all projects undertaken for the City pursuant to one or more written Professional Services Agreements, or written Supplemental Agreements or Change Orders thereto, and the limit of liability shown shall not be intended or construed as applying to only one project."

  Upon receipt and approval of such a Certificate of Insurance, a separate Certificate of Insurance will not be required for each separate agreement.

  •  An identifying statement indicating the identification of any services or work that is included in, or required under, the Scope Of Professional Services set forth in Exhibit “A” that is specifically excluded or exempted from coverage under the provisions, terms, conditions or endorsements of the Contractor's insurance policies.  A statement which indicates any and all deductible amounts applicable to each type of insurance coverage required.  In the absence of any such statements of deductible amount, or coverage statement of exclusions or exemptions, the City will proceed with the understanding, stipulation, and condition that there are no deductible amounts, or exclusions or exemptions to the insurance coverage provided.
  • Name of the Project and/or Project Number should be clearly indicated.
  • Each Certificate of Insurance shall be issued by an insurance agent and/or agency duly authorized to do so by, and on behalf of, the insurance company affording the insurance coverage indicated on each Certificate of Insurance.
  • If the initial or any subsequently issued Certificate of Insurance expires prior to completion of the work or termination of this Agreement, it is the Contractor's responsibility to furnish the City a renewal or replacement Certificate of Insurance, including all endorsements, not later than thirty (30) calendar days prior to the date of their expiration. Failure of the Contractor to provide the City with such renewal certificates shall be considered justification for the City to terminate this Agreement.

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

• 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.

• Additional Services —

  Any additional services that the City may request and authorize, in writing, which are not included in the initial Scope of Services.

• Eligible Users / Piggyback Option —

  All departments of the City are eligible to use this contract.   At the option of the awarded Contractor, any submittal in response to this Solicitation constitutes a Proposal made under the same terms and conditions, for the same Contract price, to other governmental agencies. Each governmental agency desiring to accept these submittals, and make an award thereof, shall do so independently of any other governmental agency. Each agency shall be responsible for its own purchases and each shall be liable only for materials and/or services ordered and received by it, and no agency assumes any liability by virtue of this Proposal.

• Comprehensive Automobile Liability —

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

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

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

  4.3.3.    Notice of Cancellation and/or Restriction - The policy must be endorsed to provide the City with thirty (30) days prior written notice of cancellation and/or restriction.

• City’s Construction Project Management Platform Software —

  For project archival purposes, the City will utilize 3rd-party Construction Project Management Platform software. The Platform is used to manage design document packages, construction documents (change orders, ASls, RFls, RFPs, field orders, field reports/observations, Contractor reports/observations, etc.), project financials, invoice management, quality/safety reports, close-out documents, and other project-related documents for records retention purposes.

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

• 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

• Amendment / Supplemental Agreement —

  A formal, written change to an executed contract that modifies, adds to, or deletes terms, conditions, scope of work, period of performance, pricing, or other provisions. All Contract Amendments must be executed by authorized representatives of both the Contractor and the City to be valid and enforceable. Verbal agreements or informal communications shall not be considered binding amendments.

  Used for administrative changes to professional services or general service contracts. Not typically used for construction scope or PO quantity changes.

• 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. 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.

• Advertisement —

  

  ITB 26-070 Mill & Replace Asphalt Resurfacing
  

  The City of Fort Myers is seeking submittals for ITB 26-070 Mill & Replace Asphalt Resurfacing.  Submittals must be received electronically on or before Monday, August 17, 2026 at 2:00 pm. Interested participants are encouraged to download the solicitation documents. For more details visit: https://procurement.opengov.com/portal/cityftmyers.

  CITY OF FORT MYERS

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

  Mary Hagemann, City Clerk                                         RUN DATES: Thursday, July 16, 2026

• 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.

• Solicitation Documents —

  Solicitations may be accessed the City's Portal of OpenGov. It is the responsibility of the Contractor to ensure correct contact information is provided. The City will not be held liable for any issues arising from incorrect or incomplete contact information. All submittals must be prepared using the solicitation documents provided in this solicitation. The City assumes no responsibility for errors or misinterpretations resulting from the use of incomplete or unofficial solicitation documents. Solicitation documents, including all attachments, specifications, and 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.

• Applicable Law —

  This Agreement shall be governed by and construed in accordance with the applicable laws, rules, regulations, and ordinances of the United States, the State of Florida, and the City of Fort Myers.

• 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.

• 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

• Equivalent or Substitute Items —

  The materials and equipment described in the Solicitation Documents establish a standard of required function, dimension, appearance, and quality to be met by a proposed substitution.  No substitution will be considered unless written request for approval has been submitted by the Contractor and has been received by the City at least fifteen days prior to the date for receipt of the submittal and entered as a question through the City's E-Procurement portal.  Each such request shall include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitute including drawings, cuts, performance and test data and any other information necessary for an evaluation.  A statement setting forth any changes to other materials, equipment or work that use of the substitute would require, shall be included.  The Contractor shall bear the burden of proof regarding the merit of the proposed substitution. Such approval will be issued by Addendum to all prospective Contractors.  Contractors shall not rely upon approvals made in any other manner.

• 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.

• Professional Liability —

  The Contractor shall also purchase, maintain, and keep in full force, effect, and good standing, a professional liability/errors and omissions insurance policy having minimum limits of $1,000,000, with a maximum deductible of $100,000 per claim and in the annual aggregate, or the Contractor shall provide the City with policy coverage wherein the insurer agrees to pay claims (up to the limits of coverage), and will thereafter recover the deductible from the insured Contractor. The errors and omissions policy shall be in effect and shall insure the Contractor's performance on City projects.

  Coverage must include the following:

  4.6.1. A minimum combined single limit of $1,000,000 aggregate

  4.6.2. Should the Professional Liability Insurance Policy issued pursuant to the above requirements and limits be written, so as to provide an applicable deductible amount, or other exclusion or limitation as to the amount of coverage to be provided within the minimum coverage limits set forth above, the City shall hold the Contractor responsible and liable for any such difference in the amount of coverage provided by the insurance policy.  In the event of any such deductible amount, exclusion or limitation, the Contractor shall be required to provide written documentation that is acceptable to the City establishing that the Contractor has the financial resources readily available to cover damages, injuries and/or losses which are not covered by the policy's deductible amounts, exclusions and/or limitations as stated above.

  4.6.3. 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.

  4.6.4. 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.

• Independent Proposal Affirmation —

  By submitting a Response, a Contractor warrants that no one was paid a fee, commission, gift, or other consideration contingent upon receipt of an award for the services and/or supplies specified herein.

• Responsibilities of the Contractor —

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

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

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

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

  3.6.4. The Contractors will review, understand, and factor into their bid/proposal all addenda and answers to questions that are submitted via the OpenGov portal.  See "Questions and Addenda Guidelines".  All addenda and updates will be made available exclusively via OpenGov. Contractor is advised to regularly check the portal for any updates related to this solicitation.

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

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

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

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

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

  3.6.10. The Contractor shall submit to the City, for review, through Procore an electronic PDF’s of each Shop Drawing, including fabrication, erection, layout, and setting Drawings, and such other Drawings as are required under the various sections of the Specifications. Similarly, the Contractor shall submit electronic PDF’s of manufacturer’s descriptive data for materials, equipment, and fixtures including catalog sheets showing dimensions, performance characteristics, and capacities; wiring diagrams and controls; schedules; and other pertinent information as required. Those Drawings not acceptable will be returned to the Contractor for correction and resubmittal.

• Application for Payment —

  A formal written request submitted by the Contractor to the City for progress or final payment under the contract. It shall include the value of work completed to date, materials stored on-site (if applicable), and any other documentation required by the Contract Documents. Each Application for Payment must be verified and approved by the City or its designated representative prior to payment. Submission does not guarantee payment unless all contractual requirements have been met.

• Approval —

  Approval from the City shall mean Approval evidenced by a written document authored or initialed by an authorized representative of the City and subject to the formalities imposed by specific provisions in this Contract.  City Council must approve all contracts and contract amendments.  The Mayor and City Manager are the only persons authorized to sign contracts on behalf of the City. 

• Timeline —

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

  Release Project Date:	July 16, 2026
  Question Submission Deadline:	August 6, 2026, 2:00pm
  Response Submission Deadline:	August 17, 2026, 2:00pm
  Proposed City Council Approval:	September 8, 2026, 4:30pm

• Legal Requirements —

  1. Compliance with Laws and Regulations

  The Contractor shall, at its sole cost and expense, comply with all applicable federal, state, and local laws, statutes, codes, ordinances, rules, regulations, orders, and requirements relating to the performance of the Work and this Agreement, including, but not limited to, those governing taxation, licensing, labor, employment, workers’ compensation, nondiscrimination, public safety, records retention, cybersecurity, and procurement.

  2. Background Screening

  The Contractor shall comply with all applicable requirements of Chapter 435, Florida Statutes, relating to background screening. The Contractorshall ensure that all employees, agents, Subcontractors, or representatives assigned to perform services under this Agreement complete the required Level 1 or Level 2 background screening, as applicable to the nature of the services provided.

  3. Confidentiality of Estimates, Bid Analysis, and Monitoring Systems

  Pursuant to section 337.168, Florida Statutes, any document or electronic file revealing the official cost estimate for a project is confidential and exempt from section 119.07(1), Florida Statutes, until the contract for the project has been executed or the project is no longer under active consideration.

  The City’s analysis and monitoring systems, including all related documentation, inputs, processes, programs, electronic data files, and outputs, are confidential and exempt from section 119.07(1), Florida Statutes, except for source documents otherwise subject to disclosure unless exempt by law.

  4. Conflict of Interest

  The award of this solicitation and any resulting Agreement is subject to section 112.313, Florida Statutes. The Contractor shall disclose in writing the name of any officer, director, employee, or agent of the Supplier who is also an employee of the City. The Contractor shall also disclose the name of any City employee or elected official who owns, directly or indirectly, any interest in the Contractor or any affiliated entity participating in this Agreement.

  5. Cybersecurity

  The Contractor shall comply with section 119.0725, Florida Statutes, and shall implement reasonable administrative, technical, and physical safeguards to protect confidential, exempt, and sensitive information from unauthorized access, disclosure, or use.

  6. Employment Eligibility Verification (E-Verify)

  Pursuant to section 448.095, Florida Statutes, the Contractor and all Subcontractors shall register with and use the E-Verify system to verify the employment eligibility of all newly hired employees. The Contractor shall require each Subcontractor to provide an affidavit stating that the Subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall maintain copies of such affidavits for the duration of the Agreement. Failure to comply with section 448.095, Florida Statutes, may result in termination of this Agreement and any other remedies available by law.

  7. Equal Employment Opportunity

  The Contractor shall comply with all applicable equal employment opportunity laws and shall not discriminate in violation of section 287.134, Florida Statutes, or any other applicable federal, state, or local law.

  8. Florida Public Records Law

  The parties acknowledge that all records made or received in connection with this Agreement may be subject to Chapter 119, Florida Statutes, and other applicable public records laws.

  To the extent the Contractor is deemed a “Contractor” under section 119.0701, Florida Statutes, the Supplier shall:

  1. Keep and maintain public records required by the City to perform the services provided under this Agreement.
  2. Upon request from the City’s custodian of public records, provide the City with a copy of requested public records or allow such records to be inspected or copied within a reasonable time and at a cost that does not exceed the cost provided by law.
  3. Ensure that public records that are exempt or confidential and exempt from disclosure requirements are not disclosed except as authorized by law during the term of this Agreement and following completion of the Agreement if the records are not transferred to the City.
  4. Upon completion of the Agreement, transfer, at no cost, all public records in possession of the Contractor to the City or, if authorized by the City to retain records, maintain such records in accordance with all applicable records retention requirements. All electronically stored records shall be provided in a format compatible with the City’s information technology systems.

  IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CITY’S CUSTODIAN OF PUBLIC RECORDS AT:

  City Clerk
  2200 Second Street
  Fort Myers, Florida 33901
  Phone: (239) 321-7042

  Email: jgravitt@fortmyers.govI

  9. Foreign Corporations

  Pursuant to section 607.1501, Florida Statutes, a foreign corporation transacting business in Florida shall obtain a certificate of authority from the Florida Department of State prior to entering into this Agreement unless otherwise exempt by law.

  10. Human Trafficking

  Pursuant to section 787.06(13), Florida Statutes, the Contractor shall provide an affidavit, signed under penalty of perjury by an authorized representative, certifying that the Contractor does not use coercion for labor or services.  This document must be submitted as requested in the Submission Questionnaire Section.

  11. Non-Collusion

  The Contractorcertifies that its response or submittal is genuine, submitted in good faith, and not the result of collusion or fraud. The Contractor further certifies that no undisclosed agreement or understanding exists with any other entity or person regarding pricing, terms, or conditions related to this solicitation or Agreement.

  12. Public Bid Disclosure Act (Construction Contracts Only)

  For construction-related procurements, the City shall comply with section 218.80, Florida Statutes, by disclosing all known permit, inspection, licensing, impact, and similar fees required to be paid by the Contractor in connection with the project.

  13. Public Entity Crimes

  Pursuant to section 287.133, Florida Statutes, Contractor understands a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a Contractor, supplier, Subcontractor, under a contract with any public entity; and may not transact business with any public entity in excess of $35,000 for a period of 36 months following the date of being placed on the convicted vendor list.

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

  Pursuant to section 287.05701, Florida Statutes, the City shall not request documentation of or consider a Contractor’s social, political, or ideological interests when determining whether the Contractor is a responsible vendor, nor shall the City provide preference based upon such interests.

  15. Records Retention and Audit Rights

  The Contractor shall maintain all books, records, documents, and other evidence relating to the performance of this Agreement for a minimum period of five (5) years following final payment, or for such longer period as required by law. The City, or its authorized representatives, shall have the right to audit and inspect such records upon reasonable notice.

  If any litigation, claim, audit, negotiation, or other action involving the records is initiated before expiration of the retention period, the records shall be retained until completion and resolution of all issues arising therefrom.

  16. Scrutinized Companies

  Pursuant to section 287.135, Florida Statutes, Contractor certifies at the time it submits a bid or proposal for a contract or before the Contractor enters into or renews a contract with the City for goods or services of any amount, the Contractor must certify that it is not participating in a boycott of Israel. Any contract for goods or services, regardless of amount, entered into or renewed on or after July 1, 2025, may be terminated at the option of the City if the Contractor is found to have been placed on the Scrutinized Companies or Other Entities that Boycott Israel List or is engaged in a boycott of Israel.

  >Applicable if Agreement is over $1 million:

  Pursuant to Florida Statute Section 287.135, Contractor certifies at the time it submits a bid or proposal for a contract or before the Contractor enters into or renews a contract with the City for goods or services of $1 million dollars or more, that the Contractor is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in Iran Terrorism Sectors List and that it does not have business operations in Cuba or Syria. Any contract for goods or services of $1 million dollars or more entered into or renewed on or after July 1, 2018, may be terminated at the option of the City if the Contractor is found to have submitted a false certification as provided under Florida Statute 287.135(5), been placed on the Scrutinized Companies with Activities in Sudan List, been engaged in business operations in Cuba or Syria, or has been placed on a list pursuant to Florida Statute 215.473, relating to scrutinized active business operations in Iran.

  17. Duty to Notify of Conflicts or Inconsistencies

  If the Contractor becomes aware of any conflict, discrepancy, error, or inconsistency in the Contract Documents or applicable legal requirements, the Contractor shall promptly notify the City in writing.

• Cone of Silence —

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

• Bonds —

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

• Bus / Transportation —

  Passenger Liability Coverage is required with a minimum single combined limit of $1,000,000 aggregate
  
  

• Commercial Crime —

  Prior to performance as a result of award of this solicitation, the Contractor shall secure and maintain Commercial Crime Insurance or the equivalent covering all of Contractor's employees engaged in work as specified herein or having access to buildings.

  The Commercial Crime Policy, with endorsement CR04010300 covering client’s property shall provide a minimum coverage of $300,000 per employee per occurrence and shall remain in effect for the entire contract period and any subsequent renewals. Evidence of required Commercial Crime Insurance shall be submitted to the Procurement and Contracts Division prior to commencing work.

  It is highly recommended that the Contractor confers with their respective insurance carriers or brokers to determine, in advance of their submittal, the availability and cost of this required insurance and related endorsement.

• Submittal Guidelines —

  3.8.1. Official Submittal Portal

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

  3.8.2. Submittal Requirements and Instructions

  The representative authorized to bind the Contractor to the submittal must sign the qualification statement.  A submittal is considered timely only if received through the OpenGov portal by the precise date and time stated in the solicitation timeline. The OpenGov portal time clock serves as the official time for determining timeliness. The portal will not accept submittals after the deadline.

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

  Contractor shall ensure that all electronic deliverables provided under this Contract, including but not limited to reports, PDFs, presentations, forms, data visualizations, dashboards, online tools, and other digital or web-based content, comply with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. Deliverables must be provided in accessible formats compatible with commonly used assistive technologies.  Contractor shall promptly remediate any accessibility deficiencies identified by the City at no additional cost and shall provide corrected deliverables within a mutually agreed-upon timeframe.

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

  3.8.3. Instructions for Uploading Submittals

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

  3.8.4. Mandatory Minimum Qualification Documentation

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

  3.8.5. Required Documents

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

  3.8.6. Corporate Submittals

  Must be executed in the corporate name by the President, Vice-President, or another corporate officer with evidence of signing authority. The corporate address and state of incorporation must be included below the signature.

  3.8.7. Partnership Submittals

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

  3.8.8. Proprietary Information

  • Contractor must clearly identify any information in their responses they consider confidential or proprietary, citing the specific legal exemption. Generic notations such as "confidential" are not sufficient. 
  • Failure to provide a detailed explanation with statutory citations may result in the entire response being subject to disclosure under Chapter 119.
  • Provide a redacted copy of your submittal, suitable for public disclosure, in electronic format. Redact only information exempt under applicable law and include the exemption citation.
  • The City reserves the right to exercise its judgment regarding the disclosure of records and may take any necessary actions to comply with federal or state public records laws.
  • All submittals received in response to this solicitation become the property of the City of Fort Myers and will not be returned.
• Change Order —

  A written directive issued after contract execution that modifies the scope of work, contract price, contract time, or other terms and conditions of the construction contract. A Change Order must be authorized in writing by the City, approved by City Council, and executed by the Contractor before the additional or revised work is performed.

• Questions and Addenda —

  3.9.1. Submittal of Questions  

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

  3.9.2. Authority of Addenda, Responses, and Revisions

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

  Requests for interpretations must be submitted through the OpenGov Portal. Failure to review and comply with the latest addenda or interpretations will not relieve the Contractor of their obligations under the solicitation or the resulting contract.  No oral interpretations will be provided. All official interpretations will be issued as written addenda or response to a question and made available via OpenGov.  The City is not responsible for the distribution of addenda or other solicitation-related information to Contractor who fails to register in OpenGov.

  3.9.3. Modification of Solicitation Documents

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

• Cyber Liability Coverage —

  To the extent that the Contractor provides software, hardware, software or system development, consulting services, Internet/Application Service Provided services (e.g., outsourced functions such as web-hosting), or any other technology service, Technology Errors & Omissions (or technology professional liability coverage) insurance, including coverage for loss or disclosure of electronic data, media and content rights infringement and liability, network security failure and software copyright infringement liability due to the failure of the Contractor's products or services with limits of not less than $10,000,000 per occurrence.

  If the Contractor has access to Confidential Information, Privacy and Network Security (sometimes otherwise known as Cyber Liability) coverage which includes providing protection against liability do (a) system attacks, (b) denial or loss of service attacks, (c) spread of malicious software code, (d) unauthorized access and use of computer systems, (e) crisis management and customer notification expenses, (f) privacy regulatory defense and penalties and (g) liability arising from the loss or disclosure of confidential data with coverage limits of not less than $10,000,000.00 per occurrence.
  
  

• Change Order —

  Purchase Order (PO) Change Order: A written change to a previously issued Purchase Order (goods/services) that adjusts quantities, delivery schedules, or pricing. Must be authorized under City procurement procedures. Becomes an official amendment to the original PO once approved.

• Modification and Withdrawal of Submittals —

  3.10.1. Modifying or Withdrawing Submittals

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

  3.10.2. Withdrawal Due to Material Mistake

  If, within twenty-four (24) hours after Submittals are opened, a Contractor files a duly signed written notice to the Procurement representative and demonstrating to the
  Procurement Director's reasonable satisfaction that a material and substantial mistake occurred in the preparation of its Submittal, the Contractor may withdraw its Submittal.  In such cases:

  • • The Submittal security, if applicable, will be returned.
    • The Contractor shall thereafter be disqualified from further participation in the Work to be provided under the Agreement.
• Environmental/Pollution Liability Insurance —

  Such insurance shall cover the City 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 list the City 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 Minimum limits of $1,000,000 per occurrence and in the aggregate.

• Drug-Free Workplace —

  Whenever two or more bids, proposals, or replies are equal with respect to price, quality, and service, the City will give preference in the award process to the business that certifies it has implemented a drug-free workplace program consistent with the provisions of Florida Statute Section 287.087, unless otherwise stated in the solicitation.

• Opening Submittals for Construction —

  Construction-related submittals will be publicly opened and announced by Procurement Services on the due date and time specified in the Solicitation. During the opening, the Contractor’s name and verification of bond submittal, if applicable, will be announced aloud. Attendees will be given an opportunity to speak during the meeting.  When called by the name, email, or phone number listed in the attendance log, unmute your device and state your name and address for the record.

• Garage Keepers Liability —

  The Contractor shall maintain Garage Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) combined single limit per occurrence for bodily injury and property damage. Such coverage shall be endorsed to include Automobile Service Operations and Garage Keepers Legal Liability coverage for damage to vehicles in the care, custody, or control of the Contractor. Coverage shall remain in full force and effect for the duration of the contract and shall be provided by an insurer authorized to do business in the State of Florida.

• City —

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

• Opening Submittals for Non-Construction —

  Non-construction-related submittals will be opened privately. Results will be posted in accordance with Florida Statute 119.07(1) and Article I, Section 24(a) of the Florida State Statutes.

• Contract / Agreement —

  A written order to the Contractor signed by the City authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after execution of the Contract.

• Leasing / Renting —

  The Lessee/Tenant shall, at its sole expense, shall maintain throughout the term of the lease or rental agreement a policy of insurance providing coverage for Fire Legal Liability with limits of not less than Five Hundred Thousand Dollars ($500,000) per occurrence. In addition, if alcoholic beverages are sold, served, distributed, or consumed in connection with the leased premises or event, the Lessee/Tenant shall maintain Liquor Liability insurance with limits of not less than One Million Dollars ($1,000,000) per claim. All insurance policies shall be issued by insurers authorized to do business in the State of Florida and shall remain in full force and effect for the duration of the lease or rental period.

   

• 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.

   

• Reserved Rights —

  3.12.1. Request for Additional Information

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

  • • 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. c)the City may conduct investigations into the qualifications of any Contractor, which may include background checks.

  3.12.2. Flexible Award Options

  The City reserves the right to make awards based on individual items, groups of items, all-or-none, or a combination thereof, potentially involving one or more suppliers.

  3.12.3. Rejection of Submittals

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

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

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

• Contract Administrator —

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

• 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.

• Contract Price —

  The total monies payable by City to the Contractor under the terms and conditions of the Contract Documents.

• Contract Time —

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

• Evaluation and Award Process —

  3.14.1. Initial Review of Submittals

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

  • Verification of answers to required questions;
  • Confirmation of professional licensing;
  • Evaluation of references;
  • Review of bonding documents, if required;
  • Assessment of other relevant criteria.

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

  The Procurement Representative will email their recommendation to award to the lowest responsive and responsible Contractor to the requesting department.  The Department Representative will analyze the scope requirements and pricing; agreement to the recommendation by the Department Representative will serve as the basis for issuing a Notice of Intent to Award.

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

  3.14.3. Optional Discussions

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

  3.14.4. Evaluation of Contractor's Capabilities

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

  • Financial capability.
  • Reputation and integrity.
  • Skill and business experience.
  • Quality of performance on similar projects for either the City or another agency.

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

  3.14.5. Additional Research

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

  • Contractor.
  • Proposed Subcontractor and Supplier.
  • Other relevant persons or organizations. This evaluation will ensure all parties are able to perform the work outlined in the Contract Documents to the City’s satisfaction within the prescribed timeline.
• Award of Agreement —

  3.15.1. Formal Award

  Agreement(s) will be awarded in accordance with the City’s Procurement Code, Chapter 38, Article 3 of the City of Fort Myers Code of Ordinances. The Agreement will be awarded to the lowest responsive and responsible bidder Contractor based on pricing. The award is contingent upon final approval by the City Council.

  The Agreement shall include the established Construction Agreement and incorporate by reference this Solicitation, any addenda, and the Contractor's submittal. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any legal action arising out of or relating to this Agreement shall be in a court of competent jurisdiction located in Lee County, Florida.

  3.15.2. Multiple Awards

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

  3.15.3. Purchase Order

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

• Contractor —

  An individual, firm, or company that enters into a contract with the City to perform construction, repair, maintenance, installation, or other non-professional services as specified in the contract documents. The Contractor is responsible for furnishing all labor, materials, equipment, and services necessary to complete the work in accordance with the terms and conditions of the contract. Contractors operate as independent entities and are not employees or agents of the City.

• 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.

• Date of Final Acceptance —

  The date established in writing by the City indicating that all work, including any corrections or punch list items, has been completed in full compliance with the contract requirements, and all deliverables, closeout documentation, and approvals have been received and accepted by the City. This date signifies the start of warranty periods and the end of the Contractor’s active obligations, except for any latent defects or warranty work.

• Day —

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

• Execution of Agreement —

  The successful Contractor shall, shall execute the Agreement within fifteen (15) calendar days after the issuance of a Notice of Award and receipt of the Agreement from Procurement Services. Simultaneously, the Contractor shall provide: any required bonds; Indemnities; and Updated insurance certificates as specified in the Solicitation. Electronic signatures are accepted under the Florida Uniform Electronic Transaction Act (F.S. 668.50). Failure to meet the established deadline for submitting the required documents may result in cancellation of the award at the City’s discretion.

• Defective —

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

• Liability for Errors —

  The City has made considerable efforts to ensure accurate representation of the information in this Solicitation, the information contained is supplied solely as a guideline for Contractors. The information is not guaranteed or warranted to be accurate by the Contractor nor is it necessarily comprehensive. Nothing in the Solicitation is intended to relieve the Contractor from forming their own opinions and conclusions with respect to this request.

• 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.

• Post Award Debriefing Process —

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

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

  • An overview of the solicitation requirements.
  • The final overall ranking of all proposals.
  • A discussion of the significant strengths, weaknesses, or deficiencies identified in the Contractor’s submittal in relation to the solicitation requirements. The Contractor’s submittal will not be compared to any other proposal.
  • Upon request, an explanation of the scores assigned for each evaluation criterion, including cost, if applicable.
  • If applicable, a summary of the basis for the award recommendation or selection decision.
  • Responses to relevant questions from the proposer concerning the evaluation process and results.
• Drawings/Plans —

  Drawings and plans showing the character and scope of the Work to be performed, and which have been prepared or approved by a Contractor and are referred to in the Contract Documents. “Plans” generally refer to an overall subject, while “Drawings” refer to specifics.

• Liquidated Damages —

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

  Original Contract Amount Daily Charge Per Calendar Day

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

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

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

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

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

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

  $40,000,000 and over...............$10,224 plus 0.00005 of any

  amount over $40 million (Round to nearest whole dollar)

• Modifications —

  The City reserves the right to add, modify, change and/or refine the scope with the selected Contractor and negotiate any applicable fees during negotiations.

• Effective Date of the Contract —

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

• Patents, Royalties and Copyrights —

  The Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others.  If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work, and if to the actual knowledge of the City, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by the City in the Contract Documents.

• Emergency —

  A threat to life, public health or safety, improved property, or some other form of dangerous situation that requires immediate action to alleviate the threat. Emergency conditions are generally shorter-lived than exigency circumstances. 

• Equal/Equivalent —

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

• Pricing —
  • Additional charges  All additional charges such as installation, shipping, insurance, normal service consumables, shop supplies, environmental fees, administration fees, etc. must be included in your proposal. City will not be responsible for any type of miscellaneous surcharges or fees. The Contractor may not add any additional fees to the order including, but not limited to, special handling charges, hazardous materials fees, fuel surcharges, etc. after award without written Agency Name approval.
  • Price Reductions  If, from the date of award, the Contractor either proposes the same products and/or services at a lower price than offered to City or reduces the price of the proposed goods and services, the lowest of these reduced prices will be extended to City.
  • Additions   New products and related services may be added to a Contract resulting from this solicitation at any time during that Contract term to the extent that those products and related services are within the scope of this Solicitation. Allowable new products and related services generally include updated models of products and enhanced services that reflect new technology and improved functionality.
  • Deletions   New products and related services may be deleted from a contract if an item is no longer available.
• Final Completion —

  The point at which all work required under the contract, including punch list items, cleanup, testing, inspections, and submission of all closeout documentation (such as warranties, as-builts, O&M manuals, and lien releases), has been fully and satisfactorily completed by the Contractor. Final Completion must be verified and accepted in writing by the City and is a prerequisite for Final Acceptance and final payment.

• General Terms and Conditions —

  Standard provisions (i.e., clauses) in a solicitation that deal primarily with the contractual obligations of the parties.

• Relationship Between Parties —

  This Contract does not create an employer/employee relationship between the City and Contractor.  Contractor is independent of the City and will be in control of the means and the method in which the requested work is performed. Contractor will be solely responsible for payment of all federal, state, and local income tax, and self-employment taxes, arising from this Contract.  The City will not make deductions from payments due, for such taxes, or for social security, unemployment insurance, worker’s compensation, or other employment or payroll taxes. Contractor will also be responsible for the performance of their Subcontractors.

• Laws and Regulations —

  Federal and State of Florida laws, and City rules, regulations, ordinances, codes, and policies.

• Lump Sum Fee —

  1. An aggregate or lot price that may represent the total price for a group of items in place of or in addition to unit prices for each individual item. 2.The total price of a group of items that is priced as a whole for bidding purposes. 3. Includes all costs related to the work or services provided, such as direct and indirect labor, personnel, overhead, administration, Subcontractors, out-of-pocket expenses, and professional service fees.

• Indemnification —

  To the fullest extent permitted by law, the Supplier shall indemnify, defend, and hold harmless the City of Fort Myers, Florida (“City”), and its officers, agents, and employees, from and against any and all claims, actions, liabilities, losses, damages, judgments, costs, and expenses, including reasonable attorneys’ fees and costs, arising out of, relating to, or resulting from the negligent, reckless, or wrongful acts, errors, omissions, or misconduct of the Supplier, or anyone employed or utilized by the Supplier in the performance of this Agreement, provided that such claims, damages, losses, or expenses are attributable to bodily injury, sickness, disease, death, or injury to or destruction of tangible property, including loss of use resulting therefrom.

  The obligations of the Supplier under this section shall not extend to liability caused by the negligence, recklessness, or intentional wrongful misconduct of the City, its officers, agents, or employees, or third parties not under the direction or control of the Supplier.

  Nothing contained herein shall be construed as a waiver of the City’s sovereign immunity or the limitations of liability set forth in Section 768.28, Florida Statutes, or other applicable law. This section shall not be construed to increase the limits of liability of the City beyond any statutory waiver of sovereign immunity.

  The Supplier’s obligations under this section shall survive the expiration, completion, or termination of this Agreement.

• Samples —

  Samples of items must be furnished free of charge, and if not destroyed, may be returned, upon request, at the Contractor's expense. Each sample must be labeled with Contractor's name, manufacturer’s brand name and number, Solicitation number and item reference. Request for return of samples shall be accompanied by return packaging with your submittal.

• Not-To-Exceed Fee —

  The Contractor’s compensation for services under Exhibit “A” and any authorized Supplemental Agreements or Change Orders shall be on a Not-To-Exceed (N.T.E.) basis as follows:

  ·         Personnel Costs – Payment for actual hours worked by the Contractor’s staff, billed at the hourly rates listed in Attachment No. 1 to Exhibit “B.”

  ·         Reimbursable Expenses – Payment for actual, necessary non-personnel expenses directly related to the work.

  ·         Invoicing – The Contractor shall submit detailed, itemized invoices with supporting documentation (including payroll records and Subcontractor invoices) for City review and approval.

  ·         City Review – All invoices and payments are subject to City acceptance, approval, and audit.

  ·         N.T.E. Limits – Compensation for each Task or Sub-Task shall not exceed the agreed N.T.E. amount, which covers all personnel, expenses, and Subcontractor costs.

  o   If actual costs are less than the N.T.E. amount, the unused balance cannot be applied to other Tasks or Sub-Tasks without written authorization by the City’s Project Manager through a Change Order.

• Silence of Specifications —

  The apparent silence of these specifications or any supplemental specifications as to details or the omission from same of any detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size, and design are to be used. All workmanship shall be first quality. All interpretations of specifications shall be made upon the basis of this statement.

• Notice of Award —

  The written notice by the City to the apparent successful Contractor, stating that upon compliance with the conditions precedent to be fulfilled by them within the time specified, City will execute and deliver the Contract to them.

• Notice of Intent to Award —

  The written notice by the City to the apparent successful Contractor notifying them that they were the top choice for the project and should expect to be contacted by the Department to begin negotiations.

• State Purchase Contracts —

  Under Florida Law, prices contained in State Contracts shall be available to any government agency, who might wish to purchase under a State Purchase Contract. The Contractor therefore reserves the right to purchase any commodities from a State Purchase Contract if in the best interest of the City.

• Taxes —

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

• Notice to Proceed —

  A written notice given by City to the Contractor (with a copy to Contractor, if applicable) fixing the date on which the Contract Time will commence to run and on which the Contractor shall start to perform his obligations under the Contract Documents.

• Termination of Solicitation —

  The City reserves the right to cancel this Solicitation and/or reject all Contractors.  In such case, there shall be no liability on the part of the City for any costs incurred by the Contractor or potential Contractors in relation to the Solicitation.

• Partial Utilization —

  Placing a portion of the Work in service for the purpose for which it is intended (or a related purpose) before reaching Substantial Completion for all the Work.

• Project —

  The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents.

• Commodity Agreement —

  A City issued purchase order will serve as an official agreement between the City and Supplier. There will not be any other formal two-party agreement.

• Additional Terms —

  Additional terms and conditions are found in the draft agreement attached to this solicitation. By submitting a response to this solicitation, the Contractor will agree to the terms and conditions in both documents.

• Project Manager —

  The Contractor’s Project Manager shall be the individual designated by the Contractor, in writing, who shall serve as the primary point of contact and representative of the Contractor for all matters relating to the performance of services under this Agreement. The Contractor’s Project Manager shall be responsible for the day-to-day management, coordination, oversight, and execution of the Contractor’s obligations, including those performed by any Subcontractors.

  The Contractor’s Project Manager shall:

  1.    Possess the authority to make decisions on behalf of the Contractor

  2.    Ensure timely communication and coordination with the City’s Project Manager

  3.    Promptly address any issues affecting performance, schedule, or quality

  4.    Be accessible and responsive during the term of the Agreement.

  The City shall not replace the Contractors Project Manager without prior written notice to and approval by the City, which shall not be unreasonably withheld.

• Project Schedule —

  A detailed, time-phased plan submitted by the Contractor that outlines the sequence, duration, and deadlines for completing all tasks, milestones, and deliverables required for the Project. The Project Schedule must reflect all contractual time constraints, including start date, substantial completion, final completion, and any interim deadlines. It shall be regularly updated and submitted for review and approval by the City and used as a baseline for tracking progress, managing delays, and evaluating requests for time extensions.

• Punch List —

  The approved list of incomplete and/or deficient Work that shall be completed by the Contractor after Substantial Completion or beneficial occupancy but before Final Completion can be achieved.

• Shop Drawings —

  All Drawings, diagrams, illustrations, schedules, and other data which are specifically prepared by or for the Contractor, to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by the Contractor and submitted by the Contractor to illustrate material or equipment for some portion of the Work.

• Site —

  Site shall mean the area on which the Contractor's construction Work is to be performed and such other areas that may be designated as such by the Final Construction Documents, and upon which the Project and associated improvements are to be constructed by the Contractor.

• Solicitation —

  An Invitation to Bid, Request for Proposals, Request for Statement of Qualifications, or any document used to obtain submissions for the purpose of entering into a contract.

• Solicitation Documents —

  Documents which include the Advertisement, Project Details, Instructions, Solicitation Terms & Conditions, Contract Terms & Conditions, Insurance, Definitions, Questionnaire, Draft Contract and Contract Documents (including all Addenda and questions and answers issued prior to receipt of Solicitations).

• Special Conditions —

  Conditions that are used for specific Work under this Solicitation.

• Specifications / Scope —

  Written technical descriptions of materials, equipment, services, construction, standards, and workmanship as requested to explain the needs of the City.  

• Subcontractor —

  Any individual, firm, or entity engaged by the Contractor to perform a portion of the work or provide services, labor, or materials under the terms of the Contract. Subcontractors are not in direct contractual privity with the City and shall operate under the supervision and responsibility of the Contractor. The Contractor remains fully liable for the performance of all Subcontractors and must obtain prior written approval from the City before engaging any Subcontractor, as required by the Contract Documents.

• Subcontracts —

  A written agreement between the Contractor and a Subcontractor to perform a portion of the work or services required under the City's prime contract. The Subcontract defines the scope, schedule, terms, and compensation for the Subcontractor’s work. All Subcontracts must be consistent with the terms of the prime contract, and the Contractor remains fully responsible to the City for the performance of all Subcontractors. Subcontracts may not be assigned or modified without prior written approval from the City, if required by the Contract Documents.

• Submittal —

  A Submittal includes all documents, drawings, diagrams, schedules, samples, test results, and related data prepared by the Contractor or its team. This includes work by Subcontractors, manufacturers, suppliers, or distributors. Submittals show details of the Work and may include brochures, product sheets, charts, and instructions. They describe materials, equipment, or systems proposed for use.

• Substantial Completion —

  The stage in the progress of the Work when the Project, or a designated portion thereof, is sufficiently complete in accordance with the Contract Documents so that the City can occupy or utilize the Work for its intended purpose. Substantial Completion shall be established by a written certificate issued by the City or its designated representative and may be subject to the completion of minor punch list items. Substantial Completion triggers the start of certain obligations, such as the warranty period, and may allow for partial release of retainage, as permitted by the contract.

• Substitution —

  A product, service, component or system which Contractor proposes and believed to be an acceptable alternative in lieu of that specified. The acceptability of a substitute shall be based on the data submitted and the benefit to the City. The City shall be the sole judge of acceptability.

• Successful Contractor —

  The responsible and responsive Contractor that best meets the needs of the City based upon the Contractor’s evaluation.

• Supplemental Conditions —

  The part of the Contract Documents which amends or supplements General Conditions.

• Surety —

  A pledge or guarantee by an insurance company, bank, individual, or corporation on behalf of the Contractor that protects against default or failure of the contracted Contractor to satisfy the contractual obligations.

• Underground Facilities —

  All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials, electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water.

• Work —

  The entire completed construction, or the various separately identified parts thereof, required to be furnished under the Contract Documents. Work is the result of performing services, furnishing labor and furnishing and incorporating materials and equipment into the construction, all as required by the Contract Documents.

• Work Directive Change —

  A written directive to the Contractor issued on or after the Effective Date of the Contract and signed by the City, ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed.  A Work Directive Change may not change the Contract Price or the Contract Time but is evidence that the parties expect that the change directed or documented by a Work Directive Change will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Time.

Submission Requirements

• Acknowledgment and Affirmation (required) —

  This response is submitted by an authorized representative of  Contractor who hereby declares and affirms the following: 

  • The Contractor acknowledges and accepts the terms and conditions outlined in the Advertisement, Invitation to Solicit, and Instructions to Respondents. This Solicitation response shall remain valid for one hundred eighty (180) calendar days from the date of the Solicitation opening. The Contractor agrees to execute and submit the Contract, including required insurance certificates and endorsements, and all other documents as outlined in the Solicitation Requirements within fifteen (15) calendar days of receiving the City’s Notice of Award or the Contract itself. 

  By submitting the Contractor affirms that:

  • It has reviewed and is familiar with the Solicitation requirements, attachments, site conditions, local regulations, and all other factors that may influence cost, performance, or delivery.
  • It has notified the City in writing of any identified conflicts, errors, or discrepancies within the Contract Documents, and confirms that the City's written resolution of such issues is acceptable.
  • This submission is made in good faith and is not on behalf of or in collusion with any undisclosed individual or entity.
  • It has not directly or indirectly induced or encouraged any party to submit a false or sham response, nor to refrain from submitting a response; and it has not engaged in collusion or other practices to gain an unfair advantage over other respondents or the City.
  • The Contractor agrees to indemnify and hold harmless the City and its officers, directors, and employees from any claims, damages, or losses arising from the Contractor's failure to comply with applicable anti-discrimination laws. 

  Submission of a response does not guarantee that the Contractor will receive an award.

  Select “YES” to acknowledge and affirm the previous statements.  Select "NO" to request changes to previous statements.  Details can be provided.

  By checking Yes/No this will serve as an electronic Signature 

   

• Agreement/Contract Changes —

  If the response to the previous question was "No" describe the requested changes.

• Designated Representative (required) —

  Please provide the name, address, cell phone and email address of person who will serve as the designated representative of the Contractor if this solicitation is awarded to the Contractor. 

• Documents: Proposal / Supporting (required) —

  If Contractor has any supporting documents requested from the scope of work, including your fee proposal, upload them here.

  If this is an RFP or RSQ, your proposal must be organized with section tabs in the order in which they appear in the evaluation criteria section. 

• Entity Type (required) —

  The Contractor submitting this proposal is: (Select One)

• Specify State (if Foreign Corporation, LLC, or Foreign Limited Partnership) —

  If "A Foreign Corporation/Limited Liability Company authorized to do business in Florida" or "A Foreign Limited Partnership authorized to do business in Florida" was selected, please specify state.

• Full legal names of all persons/firms comprising the joint venture —

  If "A Joint Venture" was selected, provide on separate signed sheet(s) of paper the full legal names of all persons/firms comprising the joint venture. 

  Enter N/A if not applicable

• BABA-Build America, Buy America (required) —

  The City requires Contractors to use iron, steel, manufactured products, and construction materials that are produced in the United States in a manner that complies with the Build America, Buy America (BABA) requirement for federally funded projects that involve construction, alteration, maintenance, or repairs (Per the Infrastructure Investment and Jobs Act passed November 15, 2021). For more information about BABA requirements and authorization, visit the White House website:

  https://www.whitehouse.gov/omb/management/made-in-america/build-america-buy-america-act-federal-financial-assistance/

   As a Contractor on the project listed above, I certify that I have read, understand, and will comply with the “Build America, Buy America” provisions as required by federal law. Furthermore, I understand that BABA provisions apply to any and all portions of this project, including subcontracted portions, and I certify to the best of my knowledge and belief that I will identify domestic sources of BABA-covered products, provide verification documentation for BABA compliance, and when needed provide waiver documentation per current federal guidelines.

  I understand that a false statement on this certification may be grounds for rejection or termination of any award and/or contract.

  In order to be responsive, this form must be submitted with your proposal. Please download the attached document, complete, and upload within this question.

• Bid Bond —

  Each bid shall be accompanied by a certified cashier’s check, or bid bond, in the amount of 5% of the total bid price, payable to the City, as a guarantee that the bidder, if its bid is accepted, will promptly execute the Agreement. The bidder shall guarantee the total bid price for a period of 180 days from the date of the bid opening.

  Please scan and upload a copy of your bid bond/cashier's check. 

• Byrd Anti-Lobbying Certification (required) —

   The Contractor hereby certified, to the best of their knowledge, that:

  1. No Federal appropriated funds have paid or will be paid, by or on behalf of undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative Contract, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative Contract.
  2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative Contract, the undersigned shall complete and submit Standard Form - LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
  3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Contracts) and that all subrecipients shall certify and disclose accordingly. 

  This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

  The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any.

  By checking the box below, the Contractor acknowledges and agrees to the above statement.

  By checking “Please Confirm” this will serve as an electronic Signature 

  In order to be responsive, this form must be submitted with your proposal. Please download the attached document, complete, and upload within this question.

• CDBG-DR Supplemental Conditions Affidavit (required) —

  This solicitation is partially or wholly funded by CDBG-DR.  The  Contractor has read, understands, and certifies they will comply with all clauses as stated in CDBG-DR Supplemental Conditions section of the solicitation.

  By checking the box below, the Contractor acknowledges and agrees to the above statement.

   

• Confidential / Proprietary Information (required) —

  Does the  Contractor have any confidential or proprietary information in this response?

  Please list any information in the response that the Contractor feels is confidential or proprietary in accordance with Chapter 119 of the Florida Statutes.  Do NOT mark your complete submittal as confidential.  Any information that can be found in a public domain cannot be marked as confidential.  The final determination of confidentiality will be decided by the City.    

  By checking Yes/No this will serve as an electronic Signature 

• Confidential/Proprietary Specific Information —

  Please list any information in the response that the  Contractor feels is confidential or proprietary in accordance with Chapter 119 of the Florida Statutes.

• Conflict of Interest (required) —

  The award of this solicitation is subject to Chapter 112, Florida Statutes.

  All Contractor's must disclose within their response the name of any officer, director, partner or agent who is also an employee or elected official of the City. Further, all Contractor's must disclose the name of any City employee or elected official who owns, directly or indirectly, an interest of the Contractor's firm or any of its subsidiaries associated with this project.

  The Contractor shall also require and provide the same disclosures for all proposed subcontractors, subcontractors, subrecipients, or other entities that will perform work or provide services under this project. Such disclosures shall include the name of any officer, director, partner, principal, employee, or agent of the subcontractor who is also an employee or elected official of the City, as well as the name of any City employee or elected official who owns, directly or indirectly, an interest in the subcontractor's firm or any of its subsidiaries associated with this project.

  The undersigned certifies that this proposal is made without prior understanding, agreement or connection with any corporation, firm or person submitting a proposal for the same services and is in all respects fair and without collusion or fraud.

  Please select "No" if no conflict of interest, as defined above, exists for either the Contractor or any proposed subcontractor associated with this project.

  Please select "Yes" if a conflict of interest, as defined above, exists for the Contractor or any proposed subcontractor associated with this project and provide a detailed explanation below.

   

• Contract Execution, Payment Bond, Performance Bond, and Certificate(s) (required) —

  The contract shall be executed by the successful bidder and shall be returned, together with the Payment Bond, Performance Bond and Certificate(s) of Insurance to the City so that it is received within 15 calendar days after the bidder has received the contract for execution. Failure to do so shall be just cause for forfeiture of the proposal guaranty.

  By checking “Please Confirm” this will serve as an electronic Signature 

• Copeland "Anti-Kickback" Act Certification (required) —

  Salaries of personnel performing work under this contract shall be paid unconditionally and not less often than once a month without payroll deduction or rebate on any account except only such payroll deductions as are mandatory by law or permitted by the applicable regulations issued by the Secretary of Labor pursuant to the Copeland “Anti-Kickback Act” of June 13, 1934 (48 Stat. 948; 62 Stat. 740; 63 Stat. 108; 18 U.S.C. § 874; and 40 U.S.C. § 276c). The Consultant shall comply with all applicable “Anti-Kickback” regulations and shall insert appropriate provisions in all subcontracts covering work under this contract to ensure compliance by subcontractors with such regulations and shall be responsible for the submission of affidavits required of subcontractors thereunder except as the Secretary of Labor may specifically provide for variations of or exemptions from the requirements thereof.

  By checking "please confirm" the Contractor certifies under penalty of perjury that they will comply with the Copeland "Anti-Kickback" Act requirements.

• Current Capacity Certification (required) —

  The Contractor must certify that they have the financial capacity to complete the project by submitting the City's "Current Capacity Certification Form" (attached below).

  In order to be responsive, this form must be submitted with your proposal.  Please download the below documents, complete, and upload.

• Davis-Bacon Compliance Certification (required) —

  The Contractor shall comply with the Davis Bacon Act (40 USC §§ 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR Part 5), and all other applicable Federal, State, and local laws and regulations pertaining to labor standards insofar as they apply to the performance of this agreement. In addition, Contractor shall comply with the Federal Labor Standards Provisions set forth in Form HUD-4010.

  By checking “Please Confirm” the Contractor certifies under penalty of perjury that they will comply with Davis-Bacon requirements. 

• Debarment and Suspension Certification (required) —

  Pursuant to Section 287.1351 of the Florida Statutes and FAR 9.4 of the Federal Acquisition Regulations

  The Respondent certifies to the best of its knowledge and belief that it and its principals:

  1. Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;
  2. Have not within a three-year period preceding this application been convicted of had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
  3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses per Florida Statute 287.1351; and
  4. Have not within a three-year period preceding this application had one or more public transactions (Federal, State or local) terminated for cause or default.

  By checking “Yes", the respondent acknowledges, agrees and certifies under penalty of perjury the above statement.

• Drug-Free Workplace (required) —

  In accordance with Florida Statutes 287.087 the Contractor certifies that they:

  1. Publishes a written statement notifying that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace named above, and specifying actions that will be taken against violations of such prohibition.
  2. Informs employees about the dangers of drug abuse in the workplace, the Contractor’s policy of maintaining a drug-free working environment, and available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug use violations.
  3. Gives each employee engaged in providing commodities or contractual services that are under Solicitation or submittal, a copy of the statement specified above.
  4. Notifies the employees that as a condition of working on the commodities or contractual and will notify the employer of any conviction of, plea of guilty or nolo contendere to, any violation of Chapter 893, or of any controlled substance law of the State of Florida or the United States, for a violation occurring in the work place, no later than five (5) days after such conviction, and requires employees to sign copies of such written (*) statement to acknowledge their receipt.
  5. Imposes a sanction on, or requires the satisfactory participation in, a drug abuse assistance or rehabilitation program, if such is available in the employee’s community, by any employee who is so convicted.
  6. Makes a good faith effort to continue to maintain a drug free workplace through the Implementation of the drug free workplace program.

  By checking the box below, the Contractor acknowledges and agrees, under penalty of perjury, to the above statement.

   

• Employee Eligibility Verification System (E-Verify) Affidavit (required) —

  The City will not intentionally award City Contracts to any Contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act (“INA”).

  The City may consider the employment by any Contractor of unauthorized aliens a violation of Sections 274A(e) of the INA. Such violation by the recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of the Contract by the City.

  A public agency must require in any contract that the Contractor, and any subcontractor thereof, register with and use the E-Verify system to verify the work authorization status of all new employees of the contractor or subcontractor. A public agency or a contractor or subcontractor thereof may not enter into a contract unless each party to the contract registers with and uses the E-Verify system per F.S. Chapter 448.095.

  If a Contractor enters into a contract with a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The contractor shall maintain a copy of such affidavit for the duration of the contract per F.S. Chapter 448.095.

  The Contractor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent amendments).

  By submitting a response to a solicitation, or entering into a contract, you are obligated to comply with the provisions of section 448.095, Fla. Stat., "Employment Eligibility." further, by your registration as a vendor, response to a solicitation, entering into a contract, you affirm and represent that you are registered with the E-Verify system and are using same, and will continue to use same as required by section 448.095, F.S. compliance with section 448.095 includes, but is not limited to, utilization of the E-Verify system to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor uses and shall continue to use the E-Verify System to verify the work authorization status of all newly hired employees and does not employ, contract with, or subcontract with, an unauthorized alien. Failure to comply will lead to termination as a vendor, disqualifying you for award of a solicitation, denial of entering into a contract and/or, cancellation of an active contract, or if your subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed no later than 20 calendar days after the date of termination.

  In order to be responsive, this form must be submitted with your proposal. Please download the attached document, complete, and upload within this question.

• FDOT Construction Forms (required) —

  This Construction solicitation is funded in whole or in part by the Florida Department of Transportation (FDOT).  All forms found under this question are required to be submitted at the time that you submit your proposal.

  All forms must be completed and submitted with your proposal in order to responsive. Please download, complete, and upload. Submit within this question.

• FDOT Professional Services Forms (required) —

  This Professional Service solicitation is funded in whole or in part by the Florida Department of Transportation (FDOT).  The forms found under this question are required to be submitted at the time that you submit your proposal.

  These forms must be completed and submitted with your proposal in order to responsive. Please download, complete, and upload. Submit within this question.

• Federal Contract Provisions Affidavit (required) —

  This solicitation is partially or wholly funded by the federal government. 

  The  Contractor has read, understands, and certifies they will comply with all clauses as stated in the Federal Contract Provision section of the solicitation.

  By checking the box below, the  Contractor acknowledges and agrees to the above statement.

• Florida Public Entity Crime Acknowledgement (required) —

  Public Entity Crimes - Pursuant to Section 287.133(2)(a) of the Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a response on a contract to provide any goods or services to a public entity, may not submit a bond on a contract with a public entity for the construction or repair of a public building or public work, may not submit a response on leases of real property to a public entity may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 for Category Two ($35,000) for a period of 36 months from the date of being placed on the convicted vendor list. Respondent should read carefully all provisions of 287.133 and 287.134, Florida Statutes, as amended.

  By checking the box below, the Contractor represents and certifies under penalty of perjury that the submission of its response does not violate Section 287.133, Florida Statutes, as amended, nor Section 287.134, Florida Statutes, as amended or their successor. In addition to the foregoing, the Contractor represents and warrants that Contractor, Contractor’s subcontractors, and Contractor’s implementer, if any, is not under investigation for violation of such statutes.

  In order to be responsive, Contractor must confirm the above statement.

   

• Foreign Entities Affidavit (required) —

  Vendor, pursuant to Section 287.138, Florida Statutes, certifies that (1) Vendor is not owned by a government of a foreign country of concern; (2) a government of a foreign country of concern does not have a “controlling interest” in Vendor, as defined by Section 287.138(1)(a), Florida Statutes; and (3) Vendor is not organized under the law of nor has its principal place of business in a foreign country of concern. For the purposes of this affidavit, foreign country of concern means the People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolás Maduro, or the Syrian Arab Republic, including any agency of or any other entity of significant control of such foreign country of concern, as defined in Section 287.138(1)(c), Florida Statutes. This Affidavit is executed by the Vendor accordance with Section 287.138, Florida Statutes, for the purposes of preventing the County from entering contracts with foreign entities of concern which would provide Vendor access to an individual’s personal identifying information.

  In order to be responsive, this form must be submitted with your proposal. Please download the attached document, complete, and upload within this question.

• Human Trafficking (F.S. 787.06(13)) (required) —

  Effective July 1, 2024, pursuant to §787.06(13), Florida Statutes, when a contract is executed, renewed, or extended between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services. Prior to contract execution, extension or renewal, the nongovernmental entity shall complete and submit the form under the attachment section.

  In order to be responsive, this form must be submitted with your proposal. Please download the attached document, complete, and upload within this question.

• Licenses/Permits —

  Contractor please attach any and all licenses/permits issued by the state/county/local authorities that are relevant to completing the scope of work/specification.

• Litigation Statement (required) —

  All Contractors must disclose if they have had litigation and/or judgments entered against it by any local, state or federal entity during the past seven (7) years.  If respondent has had litigation, attach here.  If there are none, enter N/A.

  Enter Response:

• Local and Minority Preference Affidavit (required) —

  The  Contractor affirms that the information provided regarding the business's location and certification status is true and meets the definitions and criteria established by the City, as detailed in Ordinance §38-71 (Local Vendor Preference) and  §38-122 (MBE Preference). 

  1. Local Preference – Ordinance § 38-71
  Definition of a Local Office:
  A Local Office is a business that holds a valid Business Tax License issued by Lee County, obtained at least six (6) months prior to the proposal submission deadline. The business must operate from a physical commercial address located within Lee County.

  Note: Post Office Boxes are not acceptable as proof of a physical location.

  To qualify for local preference, a business must:

  Demonstrate that its local office houses personnel and resources capable of performing the services relevant to the contract.

  Provide supporting documentation verifying local presence and operational capability.

  Application of Local Preference:

  RFP and RFQ: Eligible vendors may receive evaluation points for local status.

  ITB: Eligible vendors may receive a percentage-based pricing preference.

  2. Minority Business Enterprise (MBE) Preference – Ordinance § 38-122
  Definition of MBE:
  Minority business enterprise means a business certified by the state office of supplier diversity and a registered City vendor, where the primary place of business is within the county, as demonstrated by an active county occupational license and/or City occupational license, as required.

  Certified MBEs may be awarded preference points in RFPs and RFQs.

  Certified MBEs may receive pricing preference in ITBs, where applicable.

  Note: The City reserves the right to request additional documentation to verify eligibility for local or MBE preference. Failure to provide such documentation may result in the submission being deemed non-responsive.

  Important: Any misrepresentation regarding local or MBE status may result in disqualification from preference for a period of one (1) year and may impact current or future contract eligibility.

• Non-Collusion Certification and Acknowledgement (required) —

  By submitting a response to this Solicitation, the Contractor certifies that:

  1. The Contractor has reviewed and understands the Solicitation and all requirements applicable to the requested goods and/or services.

  2. The response is genuine, has been prepared independently, and is not the result of collusion, conspiracy, fraud, or any other improper arrangement with any other person or entity.

  3. All information, statements, representations, and certifications contained in the response are true, accurate, and complete to the best of the Contractor's knowledge.

  4. The individual submitting the response is authorized to act on behalf of the Contractor and has the authority to bind the Contractor to the representations, commitments, and obligations contained in the response.

  5. The Contractor is ready, willing, and able to provide the goods and/or services described in the Solicitation and to perform any resulting contract in accordance with its terms and conditions.

  6. No employee, officer, elected official, or agent of theCity has solicited or received any gratuity, favor, or thing of value from the Contractor in connection with this Solicitation, except as otherwise permitted by law.

  The Contractor understands that any material misrepresentation or omission may result in rejection of its response, termination of any resulting contract, suspension or debarment proceedings, and any other remedies available to the City under applicable law or contract.

  By checking the box below, the Contractor acknowledges and certifies the foregoing statements.

   

• Revisions / Addenda / Questions and Answers (required) —

  All answers to questions of substance will be publicly published.
   Contractor is required to review all revisions and answers to questions published.

  Revisions within the Solicitation as well as answers to questions posed through the 'Question & Answer' feature are authoritative and shall be considered an addendum to the Solicitation.

  All information in this Solicitation, including that provided through the 'Question and Answer' feature are incorporated into the Solicitation or any Contract resulting from this Solicitation.

  By checking the box below,  Contractor is confirming that they have reviewed revisions, all answers to questions published and any Addenda up until the bid closing date and have given consideration to all information in preparing your response to this solicitation. Selecting “please confirm” will serve as your electronic signature of acknowledgement.

• SAM.gov Registration (required) —

  Contractor certifies under penalty of perjury that at the time of submittal they are actively registered with www.SAM.gov.  That they are not suspended, debarred, or ineligible from entering into contracts with any department or agency of the Federal Government or of the State of Florida, or in receipt of notice of proposed debarment or suspension.

  In order to be responsive, the Contractor must attach a copy of their SAM.gov active registration AND the SAM.gov active registration of any subcontractor(s)/subconsultant(s) they will be using during the course of the project. 

  Registrations must be the same as the attached PDF sample shown in this question. 

   

   

• Certification Regarding Scrutinized Companies and Boycott of Isreal Compliance (required) —

  By submitting a response to this Solicitation, the Contractor certifies that, as of the date of its response and throughout the term of any resulting contract:

  1. The Contractor is not listed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created pursuant to Section 215.473, Florida Statutes.
  2. The Contractor is not engaged in business operations in Cuba or Syria, as defined in Section 287.135, Florida Statutes.
  3. The Contractor has not engaged in a boycott of Israel and is not listed on the Scrutinized Companies that Boycott Israel List maintained pursuant to Section 215.4725, Florida Statutes.
  4. The Contractor shall immediately notify the Agency in writing if any information contained in this certification changes during the solicitation process or during the term of any resulting contract.
  5. The individual submitting this certification is duly authorized to act on behalf of the Contractor and to bind the Contractor to the representations contained herein.

  The Contractor acknowledges that this certification is a material representation of fact upon which the Agency will rely in evaluating responses and awarding any resulting contract. The Contractor further acknowledges that, pursuant to Section 287.135, Florida Statutes, a false certification or subsequent violation of the statute may result in rejection of its response, termination of any resulting contract, ineligibility to contract with public entities for the period prescribed by law, civil penalties, assessment of attorney's fees and costs, and any other remedies available under applicable law.

  By checking the box below, the Contractor acknowledges and certifies the foregoing statements.

• Subconsultants / Subcontractors —

  List all contractors the  Contractor plans to use on this project.  City has the right to accept/reject any subcontractors.

• Sunbiz Webpage (required) —

  Contractor must upload a copy of the Contractor's "detail by entity name" pages from Sunbiz.org showing the business name and at least 3 consecutive years that your company has filed an annual report.

  Your attachment must be the same format as the attached sample.

  Your submittal will NOT be accepted without this information.

   

• Trench Safety Affidavit —

  The  Contractor acknowledges that included in the appropriate Solicitation items of the Solicitation and in the total Solicitation price are costs for complying with the Florida Trench Safety Act, Florida Statute 553.60 et seq..

  If applicable, the  Contractor certifies that all trench excavation done within its control in excess of five feet (5') in depth shall be in accordance with the Florida Department of Transportation's Special Provisions Article 125-1.1 and Sub-article 125-4.1 (TRENCH EXCAVATION SAFETY SYSTEM AND SHORING, SPECIAL-TRENCH EXCAVATION).

  Will trenches be used in completing the scope?

• W-9 —

  Contractor must upload a current W-9 form in order to be responsive.

• Was artificial intelligence (AI), including generative AI tools (ChatGPT, Copilot, Gemini used in the preparation of this response). (required) —

  If yes, briefly describe:

  1. The portions of the response where AI was used (e.g., drafting, editing, data analysis).
  2. The type of AI tools used (commercial, proprietary, or open-source).
  3. The level of human review and validation applied to AI-generated content.

   

  Disclosure of AI use will not, in and of itself, be used as a basis to determine responsiveness or responsibility. However, the Contractor remains fully responsible for the accuracy, completeness, and compliance of all submitted information. Any deficiencies, misrepresentations, or failure to comply with solicitation requirements, whether or not resulting from the use of AI, may result in rejection of the proposal or other remedies as permitted.

• If AI Details —

  If the AI question above was "Yes", please describe below.

• Agency Full Name (required) —

  Select the full name of the agency this solicitation id for:

• Agency Name (required) —

  This solicitation is submitted on behalf of the...

• Supplier title (required) —

  The Supplier a/k/a...

• Trench Safety (required) —

  Is there an expectation that any trenches of 5' deep of greater be dug during this project? 

• Bonds (required) —

  Will bonds be required?  (Bid, payment, performance)

• Subcontractor/Subconsultant (required) —

  Subcontractor/Subconsultant

• Procore Software (required) —

  Will using Procore software be required? 

• Clauses for: —

  Include clauses for the following type of solicitation:

• FUNDING SOURCE (2026) (required) —

  Identify the funding source for this project

• Does Build America, Buy America apply to this solicitation? (required) —

  Contractors to use iron, steel, manufactured products, and construction materials that are produced in the United States in a manner that  complies with the Build America, Buy America (BABA) requirement
  for federally funded projects that involve construction, alteration, maintenance, or repairs. 

• Davis-Bacon Act (required) —

  Is this solicitation federally funded AND under the requirements of Davis-Bacon?

  • Davis-Bacon applies to federally funded construction projects over $2000.
  • FEMA-Public Assistance grants ARE exempt from Davis-Bacon
• Governing Body (required) —

  Choose proper term:

  If City choose "Council"

  If CRA choose "Advisory Board"

• Insurance (2025) (required) —

  Does this solicitation involve: (check all that apply)