Yearly Backflow Testing

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

Citywide testing of all backflows, of various sizes. Must include address, homeowners name, whether backflow passed/failed, reason for failure. The city will provide

Background

Per FDEP and city ordinance, all backflows must be tested on a yearly basis. Unfortunately, we don't have software to account for backflows. We anticipate going with Oracle for Utility Billing purposes. excel spreadsheet or work order with notes, must be turned into Utility Billing on a weekly basis.

Project Details

• Reference ID: ITB 26-047
• Department: Public Utilities
• Department Head: Richard Moulton (Public Utilities Director)

Important Dates

• Questions Due: 2026-06-09T19:00:00.000Z

Evaluation Criteria

• Insurance Terms and Conditions —

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

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

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

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

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

• 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 five (5) consecutive years prior to the date of submission.  This requirement is reasonably related to ensuring Contractor stability and capacity.

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

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

  • Judgments: Any court decisions against them.
  • Pending Lawsuits: Any legal actions that are currently underway.
  • Criminal Activities: Any criminal conduct, especially if it involves moral turpitude (actions that are morally reprehensible).

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

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

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

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

• 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.

• Addenda —

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

• Remedies (2 CFR 200 appendix II (A)) —

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

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

  • elect to have the Contractor re-perform or cause to be re-performed at Contractor’s sole expense, any of the work which failed to meet the requirements of the Contract;
  • hire another Contractor to perform the work and deduct any additional costs incurred by City as a result of substituting Contractors from any amounts due to Contractor; or
  • pursue and obtain any and all other available legal or equitable remedies.

  This Section shall in no way be interpreted to limit City’s right to pursue and obtain any and all other available legal or equitable remedies against Contractor.

• Insurance Certificate Required —

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

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

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

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

  • The name and type of policy and coverages provided; and
  • The amount or limit applicable to each coverage provided and the deductible amount, if any, applicable to each type of insurance coverage being provided; and
  • The date of expiration of coverage; and
  • The designation of the City, both as an additional insured to the GL & AL on a primary and non-contributory basis, 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.

• Current Capacity —

  The Contractor must certify that they have the financial capacity to complete the project by including the Contractor's "Current Capacity Certification" form found in the Submission Questionnaire.

• Introduction —

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

  All decisions are subject to applicable protest procedures under the City’s Procurement Ordinance.

• Termination (2 CFR 200, appendix II (B)) —

  Required for all contracts and purchase orders.

  For Convenience

  This Contract may be terminated for convenience, in whole or in part, without cause, by either party upon 30 calendar days’ prior written notice to the other party.  Upon such termination, the Contractor waives any claims for damages from the termination without cause including, without limitation, any and all consequential claims, and as the sole right and remedy of the Contractor, the City shall compensate the Contractor for all authorized work satisfactorily and responsibly completed through the termination date.  In the event of termination by the Contractor without cause, the following shall apply:  (1) all bonds shall remain fully in force to ensure the City’s ability to construct the project for the Contract amount; (2) the City shall have the right to, at its option, solicit bids for the completion of the unfinished portion of the work, or to negotiate with the number two bidder under the original solicitation; and (3) the Contractor and his surety shall be jointly and severally responsible for all costs over the original Contract amount incurred by the City in completion of the project, in addition to liquidated damages and construction costs, such costs may include engineering, advertising, and administrative expenses incurred with the solicitations of bids for the completion of the unfinished portion of the work.  In the event of termination without cause by either party, the obligations of the Contractor and his surety with respect to the warranty and maintenance shall remain in full force and effect for the portion of the work completed by the Contractor and shall not expire until the expiration of the prescribed time period measured from the final acceptance of the project in its entirety.  These clauses shall survive the termination of this Contract.

  For Cause

  City reserves the right to terminate this Contract immediately, in whole or in part, at its sole discretion, for the following reasons:

  • Lack of funding.  Lack of, or reduction in, funding or resources in which instance, the City shall provide the Contractor ten (10) calendar days’ written notice of such termination or lack of funds;
  • Non-Performance.  The Contractor’s non-performance of the specifications of this Contract or non-compliance with the terms of this Contract shall be a basis for termination of the Contract by the City.  Termination, in whole or in part, by the City under this Section may be made at the City’s option and without prejudice to any other remedy to which the City may be entitled to at law or in equity, or elsewhere under this Contract, by giving 30 calendar days’ written notice, with the understanding that all services being performed under this Contract shall cease upon the date specified in such notice.  the City shall not pay for work, equipment, services or supplies that are unsatisfactory or unauthorized provided that “unsatisfactory” materials are in noncompliance with the terms herein.  At the City’s sole discretion and with written notice by the City, the Contractor may be given a reasonable opportunity prior to termination to correct any deficiency in the work or services performed under this Contract.  The City will consider a reasonable time to be 30 calendar days to cure any problems and/or deficiencies with the Contractor’s performance, such problems and/or deficiencies being determined by the City.  Nothing herein, however, shall be construed as negating the basis for termination for nonperformance or shall in no way limit or waive the City’s right to terminate this Contract under any other provisions herein.
  • The Contractor’s improper, misuse, or inept performance of services under this Contract;
  • The Contractor’s failure to comply with the terms and provisions of this Contract;
  • The Contractor’s submission of invoices, data, statements, or reports that are incorrect, incomplete, or false in any way;
  • In the City‘s sole discretion, if termination is necessary to protect the health and safety of clients;
  • If the Contractor becomes or is declared insolvent or bankrupt, or is the subject of any proceedings relating to its liquidation or insolvency or for the appointment of a receiver or similar officer for it, has a receiver of its assets or property appointed or makes an assignment for the benefit of all or substantially all of its creditors, institutes or causes to be instituted any proceeding in bankruptcy or reorganization or rearrangement of its affairs, enters into an agreement for the composition, extension, or adjustment of all or substantially all of its obligations, or has a material change in its key employees; or
  • TheContractor’s inability to perform under this Contract due to judicial order, injunction, or any other court proceeding.

  In the event of termination, the City may take possession of the premises and all materials, tools, and appliances thereon and finish the work by whatever method it may deem expedient.  In such cases, the Contractor shall only be entitled to receive payment for work satisfactorily completed prior to the termination date, subject to any setoffs due to the City in completing the Project and for reimbursement of damages incurred.  The City may take possession of and use any materials, plant, tools, equipment, and property of any kind furnished by Contractor to complete the work.  If the expense incurred by the City to finish the work exceeds the unpaid balance on this Contract, the Contractor shall pay the difference to the City.  The expenses incurred by the City as herein provided, and the damage incurred through the Contractor’s default, shall be certified by the Project Manager.  The Contractor shall be responsible for both liquidated damages attributable to delay and for excess completion costs.  The liability of the Contractor and its surety or sureties for such damages and costs is joint and several.  The obligations of the Contractor and his surety with respect to the warranty and maintenance shall remain in full force and effect for the portion of the Work completed by the Contractor and shall not expire until the expiration of the prescribed time period measured from the final acceptance of the project in its entirety.  These clauses shall survive the termination of this Contract.  If the City makes a determination pursuant to this Contract to hold the Contractor in default and terminate the Contract for cause and it is subsequently determined that any such determination was improper, unwarranted, or wrongful, then any such termination shall be deemed for all purposes as a termination for convenience, without cause, as described in subsection 1.  The Contractor agrees that it shall be entitled to no damages, allowances, or expenses of any kind other than as provided in this Contract in connection with such termination, and does expressly waive, in the event of termination, any and all claims for consequential damages, loss of bonding capacity, destruction of business, unabsorbed home office overhead, lost profit, and the like.

• Additional Services —

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

• Equal Employment Opportunity (2 CFR 200, appendix II (C)) —

  Federally assisted construction contract means any agreement or modification thereof between any applicant and a person for construction work which is paid for in whole or in part with funds obtained from the Government or borrowed on the credit of the Government pursuant to any Federal program involving a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, or any application or modification thereof approved by the Government for a grant, contract, loan, insurance, or guarantee under which the applicant itself participates in the construction work.

  The regulation also defines “construction work” as follows:

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

  The regulation requires the language provided in 41 C.F.R. § 60-1.4(b) to be included in federally funded contracts.  However, the regulation is largely based on Executive Order 11246, which has been revoked by Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity (Jan. 21, 2025).  Accordingly, the language below has been modified from the version at 41 C.F.R. § 60-1.4(b) to remove the requirements of Executive Order 11246.

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

  • The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin.  The Contractor will ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin.
  • The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices of its nondiscrimination policy.
  • The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor to perform work under the Contract, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
  • The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant.  This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor’s legal duty to furnish information.
• Eligible Users / Piggyback Option —

  All departments of the City are eligible to use this contract.   At the option of the awarded Contractor, any submission 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 submissions, 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.

• Citywide Yearly Backflow Testing —

  Annual Backflow Prevention Device Testing Services

  1. Purpose

  The City of Fort Myers, Florida (“City”) is seeking qualified and licensed vendors to provide annual testing, inspection, and reporting services for backflow prevention devices. The selected vendor(s) will be responsible for performing approximately 7,000 to 8,000 backflow device tests citywide prior to December 31, 2026.

  The purpose of this solicitation is to ensure that all backflow prevention devices within the City’s water distribution system are properly maintained and remain in compliance with all applicable federal, state, and local regulations. These services are critical to safeguarding the integrity of the City’s potable water supply.

  2. Scope of Services
  The Contractor shall provide all labor, supervision, equipment, and materials necessary to perform annual testing and inspection of backflow prevention assemblies. Services shall include, but are not limited to, the following:

  • Perform annual testing of all backflow prevention devices in accordance with applicable standards and regulations.
  • Inspect devices to ensure proper operation and compliance with regulatory requirements.
  • Test, inspect, and report on the following device types:
    • Double Check Valve Assemblies (DCVA)
    • Reduced Pressure Principle Assemblies (RPZA)
  • Utilize properly calibrated and certified testing equipment. Calibration documentation shall be provided upon request.
  • Provide immediate notification to the City of any failed device, including recommended corrective action.
  • Retest devices following repair or replacement to confirm compliance, if requested by the City.

  3. Regulatory Compliance
  All services shall be performed in accordance with the most current versions of the following, as applicable:

  • American Water Works Association (AWWA) Standards C510 and C511
  • Florida Administrative Code (FAC) Rule 62-555.360 (Cross-Connection Control)
  • U.S. Environmental Protection Agency (EPA) Cross-Connection Control Manual
  • All applicable City of Fort Myers codes, standards, and procedures

  4. Personnel Qualifications
  All testing shall be performed by certified backflow prevention assembly testers holding current certifications from recognized organizations such as the American Backflow Prevention Association (ABPA) or the American Society of Sanitary Engineering (ASSE). Personnel shall carry proper identification at all times.

  5. Scheduling and Coordination
  The Contractor shall coordinate all testing activities with the City to minimize disruption to residents and businesses. A testing schedule shall be submitted to the City at least two (2) weeks prior to commencement of work.

  6. Documentation and Reporting

  The Contractor shall coordinate with the City’s Utility Billing Division regarding service orders and reporting requirements. Utility Billing will provide printed service orders identifying backflow devices to be tested. The Contractor shall:

  • Perform testing as indicated on the service orders provided by the City
  • Return all completed service orders to Utility Billing, including photographic documentation of each backflow device tested
  • Ensure all service orders are fully accounted for prior to receiving additional assignments
  • Provide an electronic spreadsheet (Excel format) summarizing all tested devices and corresponding results

  The spreadsheet shall include, at a minimum, the following information for each device tested:

  • Device location
  • Device type, manufacturer, and model
  • Meter serial number (if applicable)
  • Test results (pass/fail)
  • Tester’s name and certification number
  • Date of test
  • Endpoint number (if applicable)

  No additional service orders will be issued until all previously assigned service orders have been completed and returned in accordance with City requirements.

  7. Recordkeeping
  The Contractor shall maintain accurate records of all testing and inspections for a minimum of five (5) years and shall provide access to such records upon request by the City.

  8. Service Requirements
  The Contractor shall:

  • Perform all work in a safe, professional manner in accordance with applicable safety standards
  • Provide all necessary tools, equipment, and materials
  • Respond to City inquiries and issues in a timely manner
  • Maintain a clean and orderly work environment

  9. Term and Performance
  All testing shall be completed within the annual timeframe established by the City. The Contractor shall ensure timely completion of services and submission of all required reports.

  10. Licensing 
  The Contractor shall maintain all required licenses, certifications, and permits necessary to perform the work in the State of Florida.

  11. Emergency Services
  The Contractor shall be capable of responding to emergency testing requests within twenty-four (24) hours when requested by the City.

  Pricing shall be provided on a per-device basis and shall include all labor, supervision, travel, equipment, reporting, administrative costs, and incidentals necessary to complete the services. No additional fees shall be permitted unless expressly authorized in writing by the City

• 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.

• 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.

• Advertisement —

  

  ITB 26-047 Yearly Backflow Testing
  

  The City of Fort Myers is seeking submittals for ITB 26-047 Yearly Backflow Testing.  Submissions must be received electronically on or before Monday, June 22, 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: Tuesday, May 19, 2026

• EQUAL OPPORTUNITY CLAUSE (F.S. 287.134) —

  The Contractor shall adhere to Florida Statute 287.134 Discrimination; denial or revocation of the right to transact business with public entities.

• 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.

• 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.

• Davis-Bacon Act and Copeland Anti-Kickback Act (2 CFR 200, appendix II (D)) —

  Applicable to construction contracts in excess of $2,000.  Does not apply to FEMA’s Public Assistance program, but does apply to others, including HUD’s CDBG Program.  

  Compliance with the Davis-Bacon Act

  § 5.5 Contract provisions and related matters.

  (1) Minimum wages —

  (i) Wage rates and fringe benefits. All laborers and mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. As provided in paragraphs (d) and (e) of this section, the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(v) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage determination for the classification(s) of work actually performed, without regard to skill, except as provided in paragraph (a)(4) of this section. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph (a)(1)(iii) of this section) and the Davis-Bacon poster (WH-1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.

  (ii) Frequently recurring classifications.

  (A) In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly submitted pursuant to paragraph (a)(1)(iii) of this section, provided that:

  (1) The work performed by the classification is not performed by a classification in the wage determination for which a prevailing wage rate has been determined;

  (2) The classification is used in the area by the construction industry; and

  (3) The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination.

  (B) The Administrator will establish wage rates for such classifications in accordance with paragraph (a)(1)(iii)(A)(3) of this section. Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification.

  (iii) Conformance.

  (A) The contracting officer must require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract be classified in conformance with the wage determination. Conformance of an additional classification and wage rate and fringe benefits is appropriate only when the following criteria have been met:

  (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and

  (2) The classification is used in the area by the construction industry; and

  (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.

  (B) The conformance process may not be used to split, subdivide, or otherwise avoid application of classifications listed in the wage determination.

  (C) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to DBAconformance@dol.gov. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.

  (D) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to DBAconformance@dol.gov, refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.

  (E) The contracting officer must promptly notify the contractor of the action taken by the Wage and Hour Division under paragraphs (a)(1)(iii)(C) and (D) of this section. The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph (a)(1)(iii)(C) or (D) of this section must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.

  (iv) Fringe benefits not expressed as an hourly rate. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof.

  (v) Unfunded plans. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth in § 5.28, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account asset for the meeting of obligations under the plan or program.

  (vi) Interest. In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages.

  (2) Withholding —

  (i) Withholding requirements. The Federal City may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in paragraph (a) of this section for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis-Bacon labor standards, that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. In the event of a contractor's failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work (or otherwise working in construction or development of the project under a development statute) all or part of the wages required by the contract, or upon the contractor's failure to submit the required records as discussed in paragraph (a)(3)(iv) of this section, the City may on its own initiative and after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

  (ii) Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph (a)(2)(i) or (b)(3)(i) of this section, or both, over claims to those funds by:

  (A) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;

  (B) A contracting agency for its reprocurement costs;

  (C) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate;

  (D) A contractor's assignee(s);

  (E) A contractor's successor(s); or

  (F) A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907.

  (3) Records and certified payrolls —

  (i) Basic record requirements —

  (A) Length of record retention. All regular payrolls and other basic records must be maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is completed.

  (B) Information required. Such records must contain the name; Social Security number; last known address, telephone number, and email address of each such worker; each worker's correct classification(s) of work actually performed; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid.

  (C) Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under paragraph (a)(1)(v) of this section that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act, the contractor must maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.

  (D) Additional records relating to apprenticeship. Contractors with apprentices working under approved programs must maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs.

  (ii) Certified payroll requirements —

  (A) Frequency and method of submission. The contractor or subcontractor must submit weekly, for each week in which any DBA- or Related Acts-covered work is performed, certified payrolls to the Federal City if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the certified payrolls to the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records, for transmission to the City. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting agency or prime contractor permits other methods of submission in situations where the contractor is unable or limited in its ability to use or access the electronic system.

  (B) Information required. The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under paragraph (a)(3)(i)(B) of this section, except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker (e.g., the last four digits of the worker's Social Security number). The required weekly certified payroll information may be submitted using Optional Form WH-347 or in any other format desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division website at https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/wh347/.pdf or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the sponsoring government agency (or the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records).

  (C) Statement of Compliance. Each certified payroll submitted must be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor, or the contractor's or subcontractor's agent who pays or supervises the payment of the persons working on the contract, and must certify the following:

  (1) That the certified payroll for the payroll period contains the information required to be provided under paragraph (a)(3)(ii) of this section, the appropriate information and basic records are being maintained under paragraph (a)(3)(i) of this section, and such information and records are correct and complete;

  (2) That each laborer or mechanic (including each helper and apprentice) working on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR part 3; and

  (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually performed, as specified in the applicable wage determination incorporated into the contract.

  (D) Use of Optional Form WH-347. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 will satisfy the requirement for submission of the “Statement of Compliance” required by paragraph (a)(3)(ii)(C) of this section.

  (E) Signature. The signature by the contractor, subcontractor, or the contractor's or subcontractor's agent must be an original handwritten signature or a legally valid electronic signature.

  (F) Falsification. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729.

  (G) Length of certified payroll retention. The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed.

  (iii) Contracts, subcontracts, and related documents. The contractor or subcontractor must maintain this contract or subcontract and related documents including, without limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed.

  (iv) Required disclosures and access —

  (A) Required record disclosures and access to workers. The contractor or subcontractor must make the records required under paragraphs (a)(3)(i) through (iii) of this section, and any other documents that the Federal City or the Department of Labor deems necessary to determine compliance with the labor standards provisions of any of the applicable statutes referenced by § 5.1, available for inspection, copying, or transcription by authorized representatives of the Federal, City, or the Department of Labor, and must permit such representatives to interview workers during working hours on the job.

  (B) Sanctions for non-compliance with records and worker access requirements. If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs such workers, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to § 5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be precluded from introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the contractor or person for an extension of the time for submission of records. WHD will determine the reasonableness of the request and may consider, among other things, the location of the records and the volume of production.

  (C) Required information disclosures. Contractors and subcontractors must maintain the full Social Security number and last known address, telephone number, and email address of each covered worker, and must provide them upon request to the Federal City if the agency is a party to the contract, or to the Wage and Hour Division of the Department of Labor. If the Federal agency is not such a party to the contract, the contractor, subcontractor, or both, must, upon request, provide the full Social Security number and last known address, telephone number, and email address of each covered worker to the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records, for transmission to the City, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action.

  (4) Apprentices and equal employment opportunity —

  (i) Apprentices —

  (A) Rate of pay. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship Agency recognized by the OA withdraws approval of an apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

  (B) Fringe benefits. Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits must be paid in accordance with that determination.

  (C) Apprenticeship ratio. The allowable ratio of apprentices to journey workers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to paragraph (a)(4)(i)(D) of this section. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in paragraph (a)(4)(i)(A) of this section, must be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under this section must be paid not less than the applicable wage rate on the wage determination for the work actually performed.

  (D) Reciprocity of ratios and wage rates. Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the journey worker's hourly rate) applicable within the locality in which the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor's registered program must be observed.

  (ii) Equal employment opportunity. The use of apprentices and journey workers under this part must be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.

  (5) Compliance with Copeland Act requirements.

  The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract.

  (6) Subcontracts.

  The contractor or subcontractor must insert in any subcontracts the clauses contained in paragraphs (a)(1) through (11) of this section, along with the applicable wage determination(s) and such other clauses or contract modifications as the Federal City may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and may be subject to debarment, as appropriate.

  (7) Contract termination: debarment.

  A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.

  (8) Compliance with Davis-Bacon and Related Act requirements.

  All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.

  (9) Disputes concerning labor standards.

  Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.

  (10) Certification of eligibility.

  (i) By entering into this contract, the contractor certifies that neither it nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of 40 U.S.C. 3144(b) or § 5.12(a).

  (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) or § 5.12(a).

  (iii) The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and Criminal Procedure, 18 U.S.C. 1001.

  (11) Anti-retaliation.

  It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:

  (i) Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, this part, or 29 CFR part 1 or 3;

  (ii) Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the DBA, Related Acts, this part, or 29 CFR part 1 or 3;

  (iii) Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; or

  (iv) Informing any other person about their rights under the DBA, Related Acts, this part, or 29 CFR part 1 or 3.

• 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.

• 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.

• 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.

• 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.

• Contract Work Hours and Safety Standards Act (CWHSSA) (2 CFR 200, appendix II (E)) —

  This provision applies to any contract in excess of $100,000 that may require or involve the employment of laborers or mechanics. This includes construction contracts and certain service contracts subject to the Service Contract Labor Standards.

  Under the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 3701 et. seq.), the following shall apply:

  • Overtime Compensation: Contractors and subcontractors shall not require or permit any laborer or mechanic to work more than forty (40) hours in any workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half (1.5) times the basic rate of pay for all hours worked over forty (40).
  • Violation and Liability: In the event of a violation, the Contractor or subcontractor is liable to each affected employee for unpaid wages and to the federal government for liquidated damages. The amount of liquidated damages shall be computed at the rate specified in the applicable regulation (currently $33 per day per employee).

  The contracting officer shall withhold or cause to be withheld from any monies payable on account of work performed by the Contractor or subcontractor, the amount of wages required to be paid and the amount of liquidated damages due.

  The Contractor shall insert the substance of this clause in all subcontracts in excess of $100,000. The Contractor shall be responsible for compliance by any subcontractor or lower-tier subcontractor with the requirements set forth herein.

  Any disputes arising under this provision shall be resolved in accordance with the Disputes clause of this contract.

• 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 Utilities

• 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.

• 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.

• Rights to Inventions Made Under a Contract or Agreement. (2 CFR 200, appendix II (F)) —

  If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

• 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.

• Solicitation Documents —

  Visit the City of Fort Myers Procurement Services Website and follow the link to Active Solicitations to access solicitation information. It is the responsibility of the Contractor to ensure correct registration information is provided. The City will not be held liable for any issues arising from incorrect or incomplete contact information.

  All submittals must be prepared using the solicitation documents provided in this solicitation. The City assumes no responsibility for errors or misinterpretations resulting from the use of incomplete or unofficial solicitation documents.

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

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

• 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 submission 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.

• Fire and Extended Coverage Insurance (Builder's Risk) —

  4.6.1. The Contractor shall take out and maintain, as applicable, at their expense during the life of their Contract, “all risk” type Builder’s Risk Insurance satisfactory to the City, which shall protect the Contractor and the City as their interests may appear, for the following hazards to the Work, encompassing buildings and structures while in the course of construction including foundations, additions, attachments and all permanent fixtures belonging to and constituting a part of said buildings or structures, as well as materials and equipment suitably stored at the site and Contractor's construction equipment, materials, and temporary structures:

  • Fire and lightning, vandalism, and malicious mischief.
  • Extended coverage including windstorm, hail, explosion, riot, riot-attending strike, civil commotion, aircraft, vehicle, and smoke damage.
  • The policy or policies shall also cover machinery if the cost of the machinery is included in the Contract.  The amount of insurance must, at all times, be equal to the total Contract Price shown in the Submittal for the construction of sewage pump station improvements, and other structures, plus the actual cash value of the insured property not shown in the Submittal, such as Contractor's construction equipment.  The policy shall be in the name of the City, AE, and Contractor as their interests may appear, and shall also cover the interests of all Subcontractor/Subconsultants performing work.

  4.6.2. The Contractor shall provide the City with satisfactory evidence certifying that the foregoing insurance is in force; and such evidence shall include provisions that the insurance shall not be cancelled, allowed to expire, or be materially changed without giving the City thirty (30) days advance notice.
  
  

• Timeline —

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

  Release Project Date:	May 19, 2026
  Question Submission Deadline:	June 9, 2026, 3:00pm
  Response Submission Deadline:	June 22, 2026, 2:00pm
  Proposed City Council Approval:	July 20, 2026, 4:30pm

• Change Order —

  Change Order means a written modification to the scope of services.  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.

• Responsibilities of the Contractor —

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

  • Obtain solicitation documents exclusively from OpenGov. Documents sourced from other platforms or sources are not guaranteed to be accurate.
  • 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.
  • 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.
  • The Contractor 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.
  • Evaluate all Federal, State, and Local laws, ordinances, codes, and regulations that could impact the cost, progress, performance, or execution of the work.
  • The Contractor will study and carefully align observations with the solicitation documents to ensure consistency.
  • 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.  
  • The draft contract intended for award is part of the solicitation as an attachment.  This draft contains standard legal language and may be modified.  Any exceptions to the standard contract should be submitted as a question in the Q&A module before the question deadline. If the question deadline has passed, exceptions should be clearly noted in the Submission Questionnaire.  Exceptions to the draft contract may impact the evaluation of the submittal.
  • The City reserves the right to make modifications to the draft contract for specific solicitations before execution. 
• Laws-Federal, State, and Local —

  Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, administrative rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, workers’ compensation, equal employment and safety.

  If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the City in writing.

• Clean Air & Clean Water Act Compliance (2 CFR 200, appendix II (G)) —

  1. Clean Air Act

  • The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
  • The Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency and the appropriate Environmental Protection Agency Regional Office.
  • The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by FEMA.

  2. Federal Water Pollution Control Act 

  • The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251 et seq.
  • The Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency and the appropriate Environmental Protection Agency Regional Office.
  • The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by FEMA.
• Bus / Transportation —

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

• Background Screening —

  As part of the application process for  Supplier title, candidates are required to undergo background screening in compliance with Florida Statute 435. This statute mandates Level 1 or Level 2 background checks, depending on the nature of the position, to ensure the safety and well-being of vulnerable populations, including children, the elderly, and individuals with disabilities.

  Requirements:

  Level 1 background screening includes employment history checks and a statewide criminal background check through the Florida Department of Law Enforcement (FDLE).
  Level 2 background screening involves a national fingerprint-based criminal history check through the Federal Bureau of Investigation (FBI), along with checks of sexual offender and predator databases.

  Disqualifying Offenses: Certain criminal convictions may disqualify you from employment in this position. These include, but are not limited to:

  Violent crimes.
  Sexual offenses.
  Drug-related felonies.

  Exemption Process: If you have a prior conviction that would normally disqualify you from this position, you may be eligible to apply for an exemption from disqualification under certain conditions, demonstrating rehabilitation and good conduct.

  Re-screening: Periodic re-screening may be required during your employment to ensure ongoing compliance with the requirements of Florida Statute 435.

  Background screening under F.S. 435 shall apply only where Contractor personnel will have unsupervised access to secure City facilities or vulnerable populations.

• Debarment and Suspension (2 CFR 200, appendix II (H)) —

  Federal regulations restrict the City from contracting with parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs and activities, where the contract is funded in whole or in part with federal funds.  Accordingly, a contract or subcontract must not be made with any parties listed on the SAM Exclusions list.  SAM Exclusions is the list maintained by the General Services Administration that contains the name of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under certain statutory or regulatory authority.  The Contractor can verify its status and the status of its principals, affiliates, and subcontractors at www.SAM.gov.

  This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000.  As such the Contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

  The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters.

  This certification is a material representation of fact relied upon by the City.  If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

• Change Order —

  Construction Change Order: A written directive issued after contract execution that modifies the scope of work, contract price, or contract time of a construction contract. Must be approved in writing by the City and executed prior to performing revised work.

• Cone of Silence —

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

• 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.

• Prohibition Against Considering Social, Political, or Ideological Interests —

  In accordance with Florida Statute Section 287.05701, an awarding body is prohibited from: requesting documentation of or considering a Contractor’s social, political, or ideological interests when determining whether the Contractor is responsible; giving preference to a Contractor based on their social, political, or ideological interests.

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

• Business Relationship and Disclosure —

  The Contractor must comply with Florida Statute 112.313. 

• 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 submission, the availability and cost of this required insurance and related endorsement.

• Byrd Anti-Lobbying Amendment Provisions, 31 U.S.C. 1352 (as amended) (2 CFR 200, appendix II (I)) —

  Contractors who apply or bid for an award of $100,000 or more shall file the required certification found at APPENDIX A, 44 C.F.R. PART 18.  Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352.  Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the federal agency.

• Submission Guidelines —

  3.9.1. Official Submission Portal

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

  3.9.2. Submission Requirements and Instructions

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

  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) he 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.

  The Contractor is responsible for uploading their submittals directly into the OpenGov Submission Portal.  The authorized representative who binds the Contractor to the submittal must sign the qualification statement. A submittal is considered timely only if received through the OpenGov portal by the precise date and time specified in the solicitation timeline. The official time will be determined by the OpenGov portal's time clock. The portal will not accept submittals after the deadline.

  Contractor shall 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.

  The Contractor shall prepare their responses in a clear and concise manner, ensuring that all required content is complete. Special attention should be given to the specific information, instructions, and requirements outlined in the solicitation document to ensure responsiveness. Incomplete responses or those lacking key information may be rejected. To facilitate the review process, each section or tab of the response should be properly labeled to correspond with the solicitation requirements.

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

  3.9.3. Instructions for Uploading Submissions

  3.9.3.1. Submission Process   

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

  3.9.3.2. Responsibility for Timely Submission   

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

  3.9.3.3 Official Time  

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

  3.9.4. 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.

  3.9.5. Required Documents

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

  3.9.6. 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.

  3.9.7. 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.

  3.9.8. Litigation History

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

  3.9.9. Proprietary Information

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

  3.9.10. Binding Submissions

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

  3.9.11. Late Submissions

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

• 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.
  
  

• City —

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

• Confidentiality of Estimates, Bid Analysis, and Monitoring Systems —

  A document or electronic file revealing the official cost estimate of the department of a project is confidential and exempt from the provisions of s. 119.07(1) until the contract for the project has been executed or until the project is no longer under active consideration. The bid analysis and monitoring system of the department is confidential and exempt from the provisions of s. 119.07(1). This exemption applies to all system documentation, input, computer processes and programs, electronic data files, and output, but does not apply to the actual source documents, unless otherwise exempted under other provisions of law.  (337.168 F.S.)

• Recovered Materials (2 CFR 200, appendix II (J)) —

  In the performance of this Contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired:

  • Competitively within a timeframe providing for compliance with the Contract performance schedule;
  • Meeting Contract performance requirements; or
  • At a reasonable price.

  Information about this requirement, along with the list of EPA designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/
  comprehensiveprocurement-guideline-cpg-program.  The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.

  The Contactor should, to the greatest extent practicable and consistent with the law, purchase, acquire, or use products and services that can be reused, refurbished, or recycled; contain recycled content, are biobased, or are energy and water efficient; and are sustainable.

• 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.

• Cybersecurity —

  Contractor must be aware of Florida Statute 119.0725 regarding cybersecurity and protection of confidential information.

• Telecommunications and Video Surveillance Services or Equipment Prohibition. (2 C.F.R. 200.216) (2 CFR 200, appendix II (K)) —

  Required for all FEMA-funded contracts and subcontracts, including any purchase orders. 

  As used in this paragraph, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy, #405-143-1 Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services as used in this paragraph—

  Prohibitions.

  Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons.

  Unless an exception in this paragraph applies, Contractor and its Subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the federal government to:

  Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;

  Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;

  Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or

  Provide, as part of its performance of this Contract, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

  (iii) Exceptions

  This paragraph does not prohibit Contractor from providing—

  A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

  Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

  By necessary implication and regulation, the prohibitions also do not apply to:

  Covered telecommunications equipment or services that:

  • Are not used as a substantial or essential component of any system; and
  • Are not used as critical technology of any system.

  Other telecommunications equipment or services that are not considered covered telecommunications equipment or services.

  (iv) Reporting requirement

  • In the event Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during performance of the Services set forth in this Contract, or Contractor is notified of such by a Subcontractor at any tier or by any other source, Contractor shall report the information in the manner stated below to the recipient or subrecipient, unless elsewhere in this Contract are established procedures for reporting the information.
  • Contractor shall report the following information pursuant to this paragraph:

  Within one business day from the date of such identification or notification: The Contract number; the order number(s), if applicable; Supplier; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

  Within 10 business days of submitting the information above: Any further available information about mitigation actions undertaken or recommended. In addition, Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

  (v) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (v), in all subcontracts and other contractual instruments.

• Questions and Addenda —

  3.10.1. Submission of Questions  

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

  3.10.2. Authority of Addenda and Revisions

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

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

  3.10.3. Modification of Solicitation Documents

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

• Modification and Withdrawal of Submissions —

  3.11.1. Modifying or Withdrawing Submissions

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

  3.11.2. Withdrawal Due to Material Mistake

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

  • The Submission security, if applicable, will be returned.
  • The Contractor shall thereafter be disqualified from further participation in the Work to be provided under the Contract.
• Domestic Preference for Procurement (2 C.F.R. § 200.322) (2 CFR 200, appendix II (L)) —

  (All FEMA recipients and subrecipients are required to include in all contracts and purchase orders for work or products a contract provision encouraging domestic preference for procurements).

  The recipient or subrecipient should, to the greatest extent practicable and consistent with law, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards, contracts, and purchase orders under Federal awards.

  For purposes of this section:

  • “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
  • “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

  Federal agencies providing Federal financial assistance for infrastructure projects must implement the Buy America preferences set forth in 2 CFR part 184.

• Garage Keepers Liability —

  Garage Liability Insurance in the amount not less than $1,000,000.00 combined single limit per occurrence for bodily injury and property damage endorsed to include:

  1. Automobile Service Operations; and

  2. Garage keepers legal liability.

• 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.

• Contract Price —

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

• Leasing / Renting —

  1. Fire legal liability at $500k.

  2. Liquor liability at $1 million per claim.
  
  

• 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.

• Assistance with Developing Specifications —

  The Contractor acknowledges that federal regulations and procurement best practices prohibit conflicts of interest and unfair competitive advantages in the development of specifications, statements of work, or requests for proposals (RFPs). This clause ensures compliance with such requirements.

  The Contractor certifies that: a) It did not assist in the development of the specifications, scope of work, or solicitation documents for this contract, unless authorized in advance and in writing by the City.  b) If the Contractor provided such assistance, it is disqualified from participating in the competitive process or being awarded the contract, unless a written waiver is granted by the City in accordance with applicable federal and local procurement rules.

  The Contractor agrees to comply with: a) Federal Procurement Standards: As set forth in 2 C.F.R. § 200.319 and 2 C.F.R. § 200.318(c)(1), which prohibit organizational conflicts of interest and unfair competitive practices.  b) Local Procurement Ordinances and Policies: As applicable to the City of Fort Myers.

  In rare circumstances, the City may engage a Contractor to develop specifications or assist in drafting solicitation documents if: a) The Contractor is not allowed to bid or participate in the subsequent competitive process, and b) Such engagement is documented and approved by the City in writing.

  The Contractor must: a) Disclose any prior involvement in developing specifications or solicitation documents for this project.  b) Submit a signed certification of compliance, stating that no conflicts of interest exist.

  Failure to comply with this clause may result in a) Rejection of the Contractors proposal or bid.  b) Termination of the contract for cause. c) Legal or administrative remedies, as applicable under federal or local law.

• Employment Eligibility Verification System (E-VERIFY) —

  Statutes and executive orders require employers to a Solicitation by the immigration laws of the United States and to employ, in the United States, only individuals who are eligible to work in the United States.

  The E-Verify program provides an internet-based means of verifying employment eligibility of workers employed in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for:

  6.11.1. Commercial or noncommercial services or construction

  6.11.2. Work performed in the United States.

  6.11.3. Any Contractor working for the government must verify eligibility and supply a Memorandum of Understanding

  6.11.4. Contractor(s) who are not enrolled in the program at the time City project is advertised, must enroll, and produce a copy of the Memorandum of Understanding (MOU) with Contractor(s) submission to City. Upon signing up for the program, Contractorr(s) must follow the federal guidelines for verifying all their employees, whether assigned to the contract or not, are in accordance with the Verification of Employment Eligibility.

  6.11.5. Contractor(s) that are already enrolled in the program must produce a copy of their MOU with Contractor(s) submission to City. Contractor(s) must follow the federal guidelines for verifying all their employees, whether assigned to the contract or not, are in accordance with the Verification of Employment Eligibility.

  6.11.6. Subconsultant requirement: Contractor(s) shall require all subcontracted Contractor(s) to flow down the requirement to use E-Verify to subconsultants. It shall be Contractor(s) responsibility to familiarize themselves with all rules and regulations governing this program. By providing a submission to City, Contractor(s) and any subconsultant(s) are obligated to comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This 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 subconsultants to provide an affidavit attesting that the subconsultant does not employ, contract with, or subcontract with, an unauthorized alien. Contractor(s) shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of any resulting Contract (including any Purchase Order), or if a subconsultant knowingly violates the statute, the resulting subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If any contract is terminated for a violation of the statute by Contractor, Contractor may not be awarded a public contract for a period of 1 year after the date of termination.

  6.11.7. or additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the E-Verify Website. Contractor(s) shall be required to provide City Procurement Services an executed affidavit vowing they shall comply with the E-Verify Program for each service/project.

• Foreign Corporation —

  In accordance with F.S. 607.1501, and provided an exemption is not available, a foreign corporation may not transact business in Florida until it obtains a certificate of authority from the Florida Department of State. Foreign corporations may submit responses prior to obtaining a certificate of authority from the Florida Department of State. A foreign corporation must be in compliance with F.S. 607.1501, prior to entering into a Contract with the City.

• Buy America, Build America (BABA) for Infrastructure Projects —

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

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

• 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 a) Information necessary to evaluate, clarify, or substantiate any aspect of the submittal b) 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 performed by the Fort Myers Police Department.

  3.12.2. Flexible Award Options

  The City reserves the right to a) Make awards based on individual items, groups of items, all-or-none, or a combination thereof, potentially involving one or more suppliers b) reject any or all submittals or waive informalities or technicalities in the submittals received.

  3.12.3. Rejection of Submittals

  The City reserves the right to: a) reject any and all Submissions;  b) waive any and all informalities; c) negotiate contract terms with the Successful Contractor; d) disregard nonconforming, non-responsive, unbalanced, or conditional submittals; e) reject any submittal if it is determined that awarding to the Contractor is not in the City’s best interest, including cases where 1) The Solicitation is not responsive; 2) The Contractor is unqualified or has questionable financial ability; 3) The Contractor fails to meet any other relevant standards or criteria established by the City.

• 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. 

• Marine Coverage —

  Coverage must include the following:

  1. Protection & Indemnity liability in an amount no less than $1,000,000 per claim

  2. Jones Act/Crew coverage where applicable.
  
  

• Human Trafficking —

  Effective July 1, 2024, pursuant to §787.06(13)(a), 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.

• Irrevocable Offer —

  By submitting a response to this Solicitation, the Contractor agrees that their submission constitutes an irrevocable offer to the City after the opening date. This offer shall remain valid for a period of one hundred eighty (180) calendar days from the date of the opening unless extended by mutual . The Contractor agrees to provide the goods and services described in this Solicitation under the terms, conditions, and pricing outlined in their submission. The City, at its sole discretion, reserves the right to release any submission from this commitment during the validity period.

• 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.

• Buy America, Build America (BABA) for Architectural or Engineering Contracts —

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

• Day —

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

• Evaluation and Award Process —

  3.15.1. Initial Review of Submissions

  Procurement Services will conduct an initial review of all submittals to ensure preliminary qualification and compliance with documentation requirements. This review may include but is not limited to: a) Verification of answers to required questions; b) Confirmation of professional licensing; c) Evaluation of references; d) Review of bonding documents, if required; e) Assessment of other relevant criteria.

  3.15.2. Departmental Analysis

  Procurement staff will provide an overview of the submissions to the Department Representative for further analysis. This analysis will focus on scope requirements and price evaluations.

  3.15.3. Optional Discussions

  At the City’s discretion and in its best interest, the City may engage in discussions with the Contractor to clarify their submissions.

  3.15.4. Recommendation and Notice of Intent to Award

  The Department Representative will email their recommendation to the Procurement Representative, which will serve as the basis for issuing a Notice of Intent to Award. A Notice of Intent to Award does not constitute a contract. Final approval and authorization rest with the City Council.

  3.15.5. Evaluation of Contractor's Capabilities

  The City reserves the right to evaluate the following aspects of each Contractor prior to making an award: a) Financial capability; b) reputation and integrity; c) Skill and business experience; d) Quality of performance on similar projects.

  3.15.6. Additional Research

  The City may conduct any necessary research to assist in evaluating submissions and determining the responsibility, qualifications, and financial capability of: a) Contractor; b) Proposed Subcontractor and Supplier; c) 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.

• Non-Collusion —

  The Contractor certifies, swears, and attests that it is fully informed regarding the preparation and contents of the attached Solicitation and all relevant circumstances concerning the provision of goods or services to the City. The Contractor further certifies that the offer or submittal is genuine, not collusive, and not submitted in bad faith; that all information contained therein is true, accurate, and complete to the best of its knowledge and belief; and that the individual executing the submittal is duly authorized to do so on behalf of the company. The Contractor affirms that it is ready, willing, and able to perform all contractual obligations if awarded a contract. The Contractor further certifies that this submittal is made without any prior understanding, agreement, connection, discussion, or collusion with any other person, company, or entity submitting a response for the same goods or services and that no officer, employee, or agent of the Contractor or any competing company has any undisclosed financial interest in the submittal. The Contractor acknowledges that the execution of this certification is made with full knowledge and understanding of its contents and that any false statement or misrepresentation may result in disqualification, contract termination, and potential legal consequences.

• Contracting with Small and Minority Businesses, Women's Business Enterprises, Veteran Owned Businesses and Labor Surplus Area (200.321) —

  Required under 2 C.F.R. § 200.321 for federally funded contracts.  

  • When possible, the Recipient or subrecipient should ensure that small businesses, minority businesses, women's business enterprises, veteran-owned businesses, and labor surplus area firms (See U.S. Department of Labor's list) are considered as set forth below.
  • Such consideration means:

  (1) These business types are included on solicitation lists;

  (2) These business types are solicited whenever they are deemed eligible as potential sources;

  (3) Dividing procurement transactions into separate procurements to permit maximum participation by these business types;

  (4) Establishing delivery schedules (for example, the percentage of an order to be delivered by a given date of each month) that encourage participation by these business types;

  (5) Utilizing organizations such as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and

  (6) Requiring a Contractor under a Federal award to apply this section to subcontracts.

• Buy Clean (FEMA) —

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

• 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.

• Award of Contract —

  3.16.1. Purchase Order

  The Purchase Order (PO) will be issued by the City to the selected Contractor within the time specified for acceptance. The contract will include, by reference, this Solicitation, any addenda, the Contractor’s submittal, and the established Purchase Order.  This Contract shall be governed by and construed in accordance with the laws of the State of Florida.  Venue for any legal action arising out of or relating to this contract shall be in a court of competent jurisdiction located in Lee County, Florida.

  3.16.2. Formal Award

  General Provisions. 

  Contracts will be awarded in accordance with the City’s Procurement Code, Section 38-61 of the City of Fort Myers Code of Ordinances.

  Invitations to Bid 

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

  3.16.3. Multiple Awards

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

• 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 Consultant and are referred to in the Contract Documents. “Plans” generally refer to an overall subject, while “Drawings” refer to specifics.

• Form of Contract —

  The City’s intended format for the awarded Contract is attached to this solicitation. Any exceptions to the terms of this standard Contract must be brought up as a question in OpenGov and resolved prior to the solicitation closing so everyone responds to the same terms and conditions.  The final executed Contract may differ in pagination or numbering from the draft provided. The City reserves the right to revise or alter the language of the Draft Contract after responses are received and prior to execution. Revisions may be made to address the specific requirements or circumstances of the solicitation.

• Copyright (FEMA) —

  The Contractor grants to the City, a paid-up, royalty-free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the City or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the City data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the City.

• Public Entity Crimes —

  The City will comply with Section 287.133 of the Florida State Statute including not conducting business in excess of the threshold amount provided in s. 287.017 for Category Two:

  "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 on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, or Subcontractor/Subconsultants under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for Category Two for a period of 36 months from the date of being placed on the convicted vendor list."

• Execution of Contract —

  The successful Contractor shall, within fifteen (15) calendar days after the issuance of a Notice of Award and receipt of the Contract from Procurement Services, sign and enter into a Contract with the City. Simultaneously, the Contractor shall provide: any required bonds; Indemnities; and Updated insurance certificates as specified in the Solicitation. 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.

• DHS Seal, Logo and Flags (FEMA) —

  Contractor must obtain written permission from the City and the U.S. Department of Homeland Security (DHS) prior to using the DHS seals, logos, crests, or reproductions of flags, or likenesses of DHS agency officials.  This includes use of DHS component (e.g., FEMA, CISA, etc.) seals, logos, crests, or reproductions of flags, or likenesses of component officials.

• Scrutinized Companies —

  Contractor certifies under penalties of perjury, as of the date of this Solicitation, quote, submittal or request for qualifications to provide goods and services to the City, that it has not been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List as defined in Section 287.135, Fla. Statute, is not engaged in business operations in Cuba and Syria; and has not engaged in a boycott of Israel and has not been placed on the Scrutinized Companies and Entities that Boycott Israel List created after October 1, 2016, and during the term of any contract awarded under this request for quotes.

  Contractor further certifies that I am duly authorized to submit this certification on behalf of the company as its agent and that the company is ready, willing, and able to perform if awarded a contract.

  CONSULTANT/CONTRACTOR UNDERSTANDS THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT FALSIFICATION OF THIS CERTIFICATION MAY RESULT IN TERMINATION OF THE CONTRACT, DEBARMENT OF THE COMPANY FROM SUBMITTING A SOLICITATION/QUOTE/SUBMITTAL OR QUALIFICATION STATEMENT FOR A PERIOD OF THREE (3) YEARS FROM THE DATE THE CERTIFICATION IS DETERMINED TO BE FALSE, CIVIL PENALTIES, AND THE ASSESSMENT OF ATTORNEY’S FEES AND COSTS AGAINST THE COMPANY.  CONSULTANT/CONTRACTOR ALSO UNDERSTANDS THAT THEY ARE REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.

• 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.

• Federal Law, Regulations, and Executive Orders, and Acknowledgement of Federal Funding Compliance (FEMA) —

  This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the Contract.  The Contractor will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directive

• 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. 

• 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 City 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.

• Debriefing of Respondents —

  Not later than thirty (30) days after City Council approval of a selection or shortlist, a proposer may submit a written request to the applicable contracting agent for a debriefing on the evaluation of their proposal. The contracting agent will schedule a meeting with the Proposer for the debriefing. However, at the Proposer’s request, the debriefing may be conducted via telephone conference. The debriefing shall include the following minimum information: a) Key requirements of the solicitation; b) the overall ranking of all proposals; c) the significant weaknesses or deficiencies in the proposal in response to the requirements of the solicitation; d) If requested, an explanation of the score received for each evaluation criteria will be provided, including costs, if applicable; e) If applicable, a summary of the rationale for award; f) responses to any relevant questions of the Respondent.

• 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.

• 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.

• Program Fraud and False or Fraudulent Statements or Related Acts (FEMA) —

  The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions pertaining to this Contract.

• 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.

• 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.

• 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.

• Minimum Qualifications (CDBG-DR) —

  All Contractors and their Subcontractor/Subconsultants must be registered on SAM.gov to ensure eligibility and compliance. Registration on SAM.gov will be verified as part of the evaluation process.

• General Terms and Conditions —

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

• No Obligation by Federal Government (FEMA) —

  The Federal Government is not a party to this Contract and is not subject to any obligations or liabilities to City, the Contractor, or any other party pertaining to any matter resulting from the Contract.

• Pricing —

  5.17.1. Additional charges  All pricing shall be all-inclusive. No additional surcharges, travel costs, administrative fees, or miscellaneous charges shall be permitted unless expressly authorized in writing by the City. 

  5.17.2. 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.

  5.17.3. 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.

  5.17.4. Deletions   New products and related services may be deleted from a contract if an item is no longer available.

• Laws and Regulations —

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

• Providing Good, Safe Jobs to Workers (FEMA) —

  Pursuant to FEMA Information Bulletin No. 520 (https://www.fema.gov/sites/default/
  files/documents/fema_gpd_ib-520.pdf), the Contractor will comply with all applicable federal labor and employment laws. To maximize cost efficiency and quality of work, the Contractor commits to strong labor standards and protections for the project workforce by creating an effective plan for ensuring high-quality jobs and complying with federal labor and employment laws. The Contractor acknowledges applicable minimum wage, overtime, prevailing wage, and health and safety requirements, and will incorporate Good Jobs Principles (https://www.dol.gov/sites/dolgov/files/goodjobs/Good-Jobs-Summit-Principles-Factsheet.pdf) wherever appropriate and to the greatest extent practicable.

• Disaster/Emergency —

  Public Emergency or Exigency
  When referring to procurement activity, "Federal" defines both emergency and exigency as situations that demand immediate aid or action. The differences between the two situations are outlined as:

  • Emergency There is 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.

  • Exigency There is a need to avoid, prevent, or alleviate serious harm or injury, financial or otherwise, to the recipient or subrecipient, and use of competitive procurement proposals would prevent the urgent action required to address the situation. Thus, a noncompetitive procurement may be appropriate.

  State of Emergency
  The emergency clause, earlier in this document, will go in effect after the Florida Governor, Lee County Board of County Commissioners, and the Fort Myers City Council declare a state of emergency. The terms and conditions stated in this section will remain in effect until the state of emergency is lifted by the Fort Myers City Council.
  If awarded a contract, Contractor will be subject to the 2 C.F.R. Part 200, Appendix II Guidelines as stated in this solicitation.

  Emergency Support
  It is hereby made a part of this Solicitation that before, during and after a public emergency, disaster, hurricane, flood, pandemic, or other acts of God, that the City shall be provided goods and services on a first priority basis. It is vital and imperative that the citizens of the City are protected from any emergency situation which threatens public health and safety, as determined by the City agrees to provide, rent, sell, or lease all goods and services required by the City on a first priority basis. Goods/services will be delivered to various locations throughout the City as defined by the purchase order/ work order. The City expects to pay a fair and reasonable price for all goods and services acquired before, during and after a disaster, emergency or hurricane. Contractor shall furnish a twenty-four (24) hour phone number in the event of such an emergency.

  Initiating Services when a Major Disaster is Imminent
  When a major disaster event is anticipated to impact the City, Contractor will reach out to the City at least 48 hours in advance of the anticipated event to confirm that the Contractor is prepared to proceed.

  Materials
  The City will not pay a mark-up for materials.

• Records Retention —

  Records shall be retained in accordance with Florida law and applicable records retention schedules.

• CDBG-DR Supplemental Conditions —

  When these Supplementary Conditions are attached to any lower tier contract (e.g., a contract between Contractor and any subcontractor, or between Contractorr’s direct or indirect subcontractors), references herein to “Subrecipient” (“Subgrantee”, if applicable) shall be deemed to refer to the party seeing products and/or services, and references to the “Agreement” or “Contract” or “contract” shall be deemed to refer to the agreement between such subcontracting parties.

  Order of Precedence

  In the event of a conflict between the terms of these Supplementary Conditions and the terms of the remainder of the contract (including any other attachments thereto and amendments thereof), the terms of these Supplementary Conditions shall control.

  In the event of a conflict among the requirements found in these Supplementary Conditions, which conflict would make it impossible to comply with all of the requirements set forth herein, the provisions shall be applied with the following priority:

  1. Part I:          Required Federal Provisions; then
  2. Part II:         Required State of Florida Provisions;

  and the remaining requirements shall be interpreted in a manner so as to allow for the terms contained therein to remain valid and consistent with such superseding provisions. If any provision of these supplementary Conditions relates to a matter embraced by other provision(s) of these Supplementary Conditions, but is not in conflict therewith, all such provisions shall apply.

  Any question as to which requirements control in a particular instance which cannot be resolved by Contractor and Subrecipient shall be submitted in writing (indicating the issue and the applicable provisions) by Subrecipient (Subgrantee, if applicable), to Lee County which will decide the applicable questions.

  FUNDED IN PART OR IN WHOLE BY: U.S. Department of Housing and Urban Development (HUD)

  Community Development Block Grant - Disaster Recovery (CDBG-DR) Program Consultants are required

  to comply in accordance with Federal Grant Requirements, 2 CFR part 200, terms, conditions, and

  specifications.

  By submitting or entering into this contract, the Contractor certifies understanding of and agreement

  to comply with this statutory obligation.

  Required Federal Provisions

  The following terms and conditions apply to any contract for which any portion of the funding is derived from a grant made by the United States Department of Housing and Urban Development (“HUD”).

• 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.

• PROVISIONS REQUIRED BY LAW DEEMED INSERTED. (CDBG-DR) —

  Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted herein and the contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party the contract shall forthwith be physically amended to make such insertion.

• 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.

• 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.

• STATUTORY AND REGULATORY COMPLIANCE (CDBG-DR) —

  Contractor shall comply with all laws and regulations applicable to the Community Development Block Grant-Disaster Recovery funds appropriated by the U.S. Department of Housing and Urban Development (88 FR 32046), including, but not limited to, applicable Office of Management and Budget Circulars, which may impact the administration of funds and/or set forth certain cost principles, including the allowability of certain expenses.

• 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 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.

• BREACH OF CONTRACT TERMS (CDBG-DR) —

  The Subrecipient (Subgrantee, if applicable) and Lee County reserve the rights to all administrative, contractual, or legal remedies, including, but not limited to, suspension or termination of this contract, in instances where the Contractor or any of its subcontractors violate or breach any contract terms. If the Contractor or any of its subcontractors violate or breach any contract term, they shall be subject to such sanctions and penalties as may be appropriate. The duties and obligations imposed by the contract documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights, and remedies otherwise imposed or available by law.

• Notice to Proceed —

  A written notice given by City to the Contractor (with a copy to Consultant, 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.

• REPORTING REQUIREMENTS (CDBG-DR) —

  The Contractor shall complete and submit all reports, in such form and according to such schedule, as may be required by the Subrecipient (Subgrantee, if applicable) and Lee County. The contractor shall cooperate with all Subrecipient (Subgrantee, if applicable) and Lee County efforts to comply with HUD requirements and regulations pertaining to reporting, including, but not limited to, 2 CFR Part 200 and 24 CFR Part 570.507.Contractor

• 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.

• 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.

• 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.

• RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT (CDBG-DR) —

  Contracts or agreements for the performance of experimental, development, or research work shall provide for the rights of the Federal government, Lee County and the Subrecipient (Subgrantee, if applicable) in any resulting invention in accordance with 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued HUD.  

• DEBARMENT, SUSPENSION, AND INELIGIBILITY (CDBG-DR) —

  The Contractor represents and warrants that it and its subcontractors are not debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs subject to 2 CFR Part 2424. The Contractor shall notify the Subrecipient (Subgrantee, if applicable) and Lee County should it or any of its subcontractors become debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance programs subject to 2 CFR Part 2424. 

• 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.

• 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 Subconsultants or 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.

• CONFLICTS OF INTEREST (CDBG-DR) —

  The Contractor shall notify the Subrecipient as soon as possible if this contract or any aspect related to the anticipated work under this contract raises an actual or potential conflict of interest (as described in 2 CFR Part 200). The Contractor shall explain the actual or potential conflict in writing in sufficient detail so that the Subrecipient (Subgrantee, if applicable) is able to assess such actual or potential conflict. The Contractor shall provide the Subrecipient (Subgrantee, if applicable) with any additional information necessary for the Subrecipient (Subgrantee, if applicable) to fully assess and address such actual or potential conflict of interest. The Contractor shall accept any reasonable conflict mitigation strategy employed by the Subrecipient (Subgrantee, if applicable), including but not limited to the use of an independent subcontractor(s) to perform the portion of work that gives rise to the actual or potential conflict. If requested by Lee County, Contractor shall sign a certification affirming that it has no conflict of interest arising from performance of work on a specific task. 

• 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.

• SUBCONTRACTING (CDBG-DR) —

  The Contractor represents to the Subrecipient (Subgrantee, if applicable) that all work shall be performed by personnel experienced in the appropriate and applicable profession and areas of expertise, taking into account the nature of the work to be performed under this contract.  The Contractor will include these Required Federal Provisions in every subcontract issued by it so that such provisions will be binding upon each of its subcontractors as well as the requirement to flow down such terms to all lower-tiered subcontractors. 

• 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.

• ASSIGNABILITY (CDBG-DR) —

  The Contractor shall not assign any interest in this contract and shall not transfer any interest in the same (whether by assignment or novation) without the prior written approval of the Subrecipient (Subgrantee, if applicable). 

• 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.

• INDEMNIFICATION (CDBG-DR) —

  The Contractor shall indemnify, defend, and hold harmless the Subrecipient (Subgrantee, if applicable), Lee County, and their agents and employees from and against any and all claims, actions, suits, charges, and judgements arising from or related to the negligence or will misconduct of the Contractor in the performance of the services called for in this contract. 

• TERMINIATION FOR CAUSE (CDBG-DR) —

  (Applicable to contracts exceeding $10,000)

  If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this contract, the Subrecipient (Subgrantee, if applicable) shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Contractor under this contract shall, at the option of the Subrecipient (Subgrantee, if applicable), become the Subrecipient’s (Subgrantee’s, if applicable) property and the Contractor shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, the Contractor shall not be relieved of liability to the Subrecipient (Subgrantee, if applicable) for damages sustained by the Subrecipient (Subgrantee, if applicable) by virtue of any breach of the contract by the Contractor, and the Subrecipient (Subgrantee, if applicable) may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the Subrecipient (Subgrantee, if applicable) from the Contractor is determined. 

• 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.

• TERMINATION FOR CONVENIENCE (CDBG-DR) —

  (Applicable to contracts exceeding $10,000)

  The Subrecipient (Subgrantee, if applicable) may terminate this contract at any time by giving at least (10) days’ notice in writing to the Contractor. If the contract is terminated by the Subrecipient (Subgrantee, if applicable) as provided herein, the Contractor will be paid for the time provided and expenses incurred up to the termination date.

• 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.

• LOBBYING (CDBG-DR) —

  (Applicable to contracts exceeding $100,000)

  The Contractor certifies, to the best of his or her knowledge and belief, that:

  No Federal appropriated funds have been paid off will be paid, by or on behalf of the Contractor, 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 agreement, and the extension, continuation, renewal, amendment, or modification or any Federal contract, grant, loan, or cooperative agreement.

  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 agreement, the Contractor shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying” in accordance with its instructions.

  The Contractor 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 agreements) and that all subrecipients (subgrantees, if applicable) 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 USC § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00 and not more than $100,000 for each such failure. 

• 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).

• BONDING REQUIREMENTS (CDBG-DR) —

  (Applicable to construction and facility improvement contracts exceeding $100,000.00)

  The Contractor shall comply with State of Florida Bonding requirements, unless they have not been approved by HUD, in which case the Contractor shall comply with the following minimum bonding requirements:

  A bid guarantee from each bidder equivalent to five (5) percent of the bid price. The “bid guarantee” shall consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of their bid, execute such contractual documents as may be required within the time specified. 

  A performance bond on the part of the Contractor for one hundred (100) percent of the contract price. A “performance bond” is one executed in connection with a contract to secure fulfillment of all the Contractor’s obligations under such contract. 

  A payment bond on the part of the Contractor for one hundred (100) percent of the contract price. A payment bond is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in execution of the work provided for in the contract.

• Specifications / Scope —

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

• ACCESS TO RECORDS (CDBG-DR) —

  The Subrecipient (Subgrantee, if applicable), Lee County, HUD, the Comptroller General of the United States, or any of their duly authorized representatives, shall have, at any time and from time to time during normal business hours, access to any work product, books, documents, papers, and records of the Contractor which are related to this contract, for the purpose of inspection, audits, examinations, and making excerpts, copies and transcriptions.

• 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. 

• MAINTENANCE/RETENTION OF RECORDS (CDBG-DR) —

  Contractor shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement (collectively, the “Records”) (i) for three (3) years from the time of closeout of HUD’s grant to Lee County of for the period provided in the CDBG regulations 24 CFR Part 570.487 (or other applicable laws and program requirements) and 24 CFR Part 570.488, or (ii) for six (6) years after the closeout of a CDBG-DR funded project pursuant 42 USC 12707 (a)(4).

• SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968 (CDBG-DR) —

  The purpose of Section 3 is to ensure that economic opportunities, most importantly employment, generated by certain HUD financial assistance shall be directed to low- and very low-income persons, particularly those who are recipients of government assistance for housing or residents of the community in which the Federal assistance is spent.

  1. Low-Income Person Definition

  A low-income person, as this term is defined in Section 3 (b)(2) of the 1937 Act (42  U.S.C. 1437a(b)(2)). Section 3(b)(2) of the 1937 Act defines this term to mean families (including single persons) whose incomes do not exceed 80 per centum of the median income for the area, as determined by the Secretary, with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher and or lower than 80 per centum of the median for the area on the basis of the Secretary’s findings that such variations are necessary because of prevailing levels of construction costs or unusually high or low—income families; or a very low-income person, as this term is defined in Section 3(b)(2) of the 1937 Act (42 U.S.C. 1437 a(b)(2)). Section 3(b)(2) of the 1937 Act (42 U.S.C. 1437a(b)(2)) defines this term to mean families (including single persons) whose incomes do not exceed 50 per centum of the median family income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 per centum of the median for the area on the basis of the Secretary’s findings that such variations are necessary because of unusually high or low family incomes.

  2. Compliance

  Subrecipient shall comply with the provisions of Section 3 of the Housing Urban Development Act of 1968, as amended, 12 USC 1701u, and implementing its implementing regulations at 24 CFR part 75 (formerly 24 CFR part 135).

  Compliance with Section 3 shall be achieved, to the greatest extent feasible, consistent with existing Federal, State, and local laws and regulations. Accordingly, a subrecipient of Section 3-covered assistance is required to develop strategies for meeting both the regulatory requirements at 24 CFR part 75 and any other applicable statutes or regulations. Subrecipient and any of its contractors and subcontractors shall include the following “Section 3 clause” in every “Section 3-covered contract”:

  2.1. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.

  2.2. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 75, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 75 regulations.

  2.3. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers’ representative of the contractor’s commitments under this Section 3 clause and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.

  2.4. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 75, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 75. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 75.

  2.5. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 75 require employment opportunities to be directed, were not filled to circumvent the contractor’s obligations under 24 CFR part 75.

  2.6. Noncompliance with HUD’s regulations in 24 CFR part 75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.

  2.7. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self-Determination, and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible preference and opportunities for training and employment shall be given to Indians, and preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b). c.

  3. Section 3 Benchmarks and Reporting

  3.1. Benchmarks. Contracts with CDBG awards over $200,000 trigger Section 3 Benchmark requirements. When triggered, best efforts must be made to extend Section 3 opportunities to verified Section 3 workers and business concerns to meet these minimum numeric goals:

  3.1.1. Twenty-five percent (25%) of the total hours on a Section 3 project must be worked by Section 3 workers; and

  3.1.2. Five percent (5%) of the total hours on a Section 3 project must be worked by Targeted Section 3 workers.

  3.1.3. the Section 3 benchmarks described in 24 CFR § 75.23, pursuant to 24 CFR § 75.25(b), the subrecipient must report in a form prescribed by HUD on the qualitative nature of its activities and those its contractors and subcontractors pursued.

  3.2. Recipient will comply with any Section 3 Project Implementation Plan documents provided by HUD or the State of Hawaii which may be amended from time to time for HUD reporting purposes.

• Subcontracts —

  A written agreement between the Contractor and a Subcontractor/Subconsultant 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/Subconsultant’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 Subcontractor/Subconsultants. 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 Subconsultants/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.

• AGE DESCRIMINATION ACT OF 1975 (CDBG-DR) —

  The Contractor shall comply with the Age Discrimination of 1975 (42 USC § 6101 et seq.), as amended, and any applicable regulations. No person in the United States shall, on the basis of age, be excluded from participation in, be denied benefits of, or be subjected to discrimination under, any program or activity receiving Federal Financial Assistance.

• 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.

• Standard Federal Equal Employment Opportunity Construction Contract Specifications for Contracts and Subcontracts in Excess of $10,000.00 (Federal Notice Required by 41 CFR Part 60-4.3) (CDBG-DR) —

  As used in these specifications

  1. “Covered Area” means the geographical area in the solicitation from which this contract resulted;

  2. “Director” means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority;

  3. “Employer Identification Number” means the Federal Social Security number used on the Employer’s Quarterly Federal Tax Return, U.S. Treasury Department Form 941.

  4. “Minority” includes:

  5. Black (all persons having origins in any of the Black African racial groups not of Hispanic origin);

  6. Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South America or other Spanish Culture or origin, regardless of race);

  7. Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, of the Pacific Islands); and

  8. American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification).

  9. Whenever the contractor or any subcontractor at any tier, subcontracts a portion of the work involving any Construction trade, it shall physically include in each subcontract in excess of $10,000.00 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this Agreement resulted.

  10. If the Contractor is participating (pursuant to 41 CFR Part 60-4.5) in a Hometown Plan approved by the US Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved plan does not excuse any covered contractor’s of subcontractor’s failure to take good faith efforts to achieve the Plan goals and timetables.

  11. The contractor shall implement the specific affirmative action standards provided in paragraphs 7a through p of these specifications. The goals set forth in the solicitation from which this Agreement resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonably be able to achieve in each Construction trade in which it has employees in the covered area. Covered Construction Contractors performing Construction Work in geographical areas where they do not have a Federal or Federally assisted Construction contract shall apply the minority and female goals established for the geographical areas where the work in being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The Contractor is expected to may substantially uniform progress in meeting its goals in each craft during the period specified.

  12. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor’s obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto.

  13. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the contractor during the training period, and the contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approve by the US Department of Labor.

  14. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor’s compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document there efforts fully, and shall implement affirmative action steps at least as extensive as the following:

  14.1. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor’s employees are assigned to work. The contractor, where possible, will assign two or more women to each Construction project. The contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the Contractor’s obligation to maintain such a working environment, with specific attention to minority or female individuals working at such facilities.

  14.2. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organization’s responses.

  14.3. Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken.

  14.4. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or women sent by the contractor, or when the Contractor has other information that the union referral process has impeded the Contractor’s efforts to meet its obligations.

  14.5. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources complied under 7b above.

  14.6. Disseminate the Contractor’s EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where Construction Work is performed.

  14.7. Review, at least annually, the company’s EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with on-site supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of Construction Work at any job site. A written record shall be made and maintained identifying the time and place of these meeting, persons attending, subject matter discussed, and disposition of the subject matter.

  14.8. Disseminate the contractor’s EEO policy externally by including it in any advertising in the new media, specifically including minority and female news media, and providing written notification to and discussing the Contractor’s EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business.

  14.9. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor’s recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process.

  14.10. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer or vacation employment to minority and female youth both on the site and in other areas of a Contractor’s work force.

  14.11. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3.

  14.12. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities.

  14.13. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the contractor’s obligations under these specifications are being carried out.

  14.14. Ensure that all facilities and company activities are non-segregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes.

  14.15. Document and maintain a record of all solicitations of offers for subcontracts from minority and female Construction Contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations.

  14.16. Conduct a review, at least annually, of all supervisor’s adherence to and performance under the Contractor’s EEO policies and affirmative action obligations.

  15. Contractors are encouraged to participate in a voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint Contractor-Union, Contractor-Community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of these specifications provided that the contractor actively participates in the group, makes every effort to assure that the group have a positive impact on the employment of minorities and women in the in the industry, ensures that the concrete benefits of the Program are reflected in the Contractor’s minority and female work force participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the Contractor’s and failure of such a group to fulfill an obligation shall not be a defense for the Contractor’s noncompliance.

  16. A single goal for minorities and a separate single goal for women have been established.

  The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally, the contractor may be in violation of the Executive Order if a specific minority group of women is underutilized).

  17. The contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin.

  18. The contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246 or suspended or is otherwise excluded from or ineligible for participation in federal assistance programs.

  19. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended.

  20. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8.

  21. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, Construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records.

  21. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for hiring of local or other areas residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program).

• CERTIFICATION OF NONSEGREGATED FACILITIES (Applicable to construction contracts exceeding $10,000) (CDBG-DR) —

  The Contractor certifies that it does not maintain or provide for its establishments, and that it does not permit employees to perform their services at any location, under its control, where segregated facilities are maintained. It certifies further that it will not maintain or provide for employees any segregated facilities at any of its establishments, and it will not permit employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this certification is a violation of the nondiscrimination clause of this contract.

  As used in this certification, the term “segregated facilities” means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation and housing facilities provided for employees which are segregated by explicit directive or are, in fact, segregated on the basis of race, color, religion, or national origin because of habit, local custom, or any other reason.

  The Contractor further agrees that (except where it has obtained for specific time periods) it will obtain identical certification from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the nondiscrimination clause; that it will retain such certifications in its files; and that it will forward the preceding notice to such proposed subcontractors (except where proposed subcontractors have submitted identical certifications for specific time periods).

• 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.

• SECTION 503 OF THE REHABILITATION ACT OF 1973 (Applicable to contracts exceeding $10,000) (CDBG-DR) —

  The Contractor shall comply with section 503 of the Rehabilitation Act of 1973 (29 U.S.C. § 793), as amended, and any applicable regulations.

  1. The Contractor will not discriminate against any employee or applicant for employment because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified individuals with disabilities without discrimination based on their physical or mental disability in all employment practices, including the following:

  1.1. Recruitment, advertising, and job application procedures;

  1.2. Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff and rehiring;

  1.3. Rates of pay or any other form of compensation and changes in compensation;

  1.4. Job assignments, job classifications, organizational structures, position descriptions, lines of progression, and seniority lists;

  1.5. Leaves of absence, sick leave, or any other leave;

  1.6. Fringe benefits available by virtue of employment, whether or not administered by the Contractor;

  1.7. Selection and financial support for training, including apprenticeship, professional meetings, conferences, and other related activities, and selection for leaves of absence to pursue training;

  1.8. Activities sponsored by the Contractor including social or recreational programs; and

  1.9. Any other term, condition, or privilege of employment.

  2. The Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the act.

  3. In the event of the Contractor’s noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the act.

  4. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in form to be prescribed by the Deputy Assistant Secretary for Federal Contract Compliance Programs, provided by or through the contracting officer. Such notices shall state the rights of applicants and employees as well as the Contractor’s obligation under the las to take affirmative action to employ and advance in employment qualified employees and applicants with disabilities. The Contractor must ensure that applicants and employees with disabilities are informed are informed of the contents of the notice (e.g., the Contractor may have the notice read to a visually disabled individual, or may lower the posted notice so that it might be read by a person in a wheelchair).

  5. The Contractor will notice each labor organization or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Contractor is bound by the terms of section 503 of the Rehabilitation Act of 1983, as amended, and is committed to take affirmative action to employ and advance in employment individuals with physical or mental disabilities.

  6. The Contractor will include the provisions of this clause in every subcontractor or purchase order in excess of $10,000.00, unless exempted by the rules, regulation, or orders of the Secretary issued pursuant to Section 503 of the Act, as amended, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Deputy Assistant Secretary for Federal Contract Compliance Programs may direct to enforce such provisions, including action for noncompliance.

• Successful Contractor —

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

• FAIR HOUSING ACT (CDBG-DR) —

  Contractor shall comply with the provisions of the Fair Housing Act of 1968 as amended. The act prohibits discrimination in the sale or rental of housing, the financing of housing of the provision of brokerage services against any person on the basis of race, color, religion, sex, or national origin handicap or family status. Contractor shall comply with the provisions of the Equal Opportunity in Housing Act, which prohibits discrimination against individuals on the basis of race, color, religion, sex or national origin in the sale, rental, leasing or other disposition of residential property, or in the use or occupancy of housing assisted with Federal funds.

• ENERGY EFFICIANCY (CDBG-DR) —

  The Contractor shall comply with mandatory standards and policies relating to energy efficiency which are contained in the 2023 Florida Statutes (Including Special Session C) Title XI, Chapter 163.

• 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.

• SOLID WASTE DISPOSAL (CDBG-DR) —

  Pursuant to 2 CFR § 200.322, Contractor must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (codified at 42 USC § 6962). The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EP) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 of the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

• 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.

• CERTIFICATION OF COMPLIANCE WITH ENVIRONMENTAL LAWS (CDBG-DR) —

  The Contractor and all subcontractors agree to comply with the following requirements (and their state and/or local counterparts or analogues, if any) insofar as they apply to the performance of the Agreements as any of the following may hereinafter be amended, superseded, replaced, or modified:

  1. Executive Order 11988, Floodplain Management, May 24, 1977 (42 FR 26951, 3 CFR 1977 Comp., p. 117, as interpreted at 24 CFR Part 55), and Executive Order 11990, Protection of Wetlands, May 24, 1977 (42 FR 26961, 3 CFR, 1977 Comp., p. 121);

  2. Coastal Zone Management Act of 1972, as amended (16 USC § 1451 et seq.);

  3. Safe Drinking Water Act of 1974 (42 USC 201, 300 (f) et seq., and 21 USC § 349, as amended), and EPA regulations for Sole Source Aquifers (40 CFR Part 149);

  4. Endangered Species Act of 1973, as amended (16 USC § 1531 et seq.);

  5. Wild and Scenic Rivers Act of 1968, as amended (16 USC § 1271 et seq.);

  6. Clean Air Act, as amended (42 USC § 7401 et seq.);

  7.EPA regulations for Determining Conformity of Federal Actions to State or Federal Implementation Plans (40 CFR Parts 6, 51, and 93):

  8. Farmland Protection Policy Act of 1981 (7 USC § 4201 et seq.), and USDA regulations at CFR Part 658;

  9. HUD criteria and standards at 24 CFR Part 51;

  10. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, Feb. 11, 1994 (59 FR 7629, 3 CFR, 1994 Comp. p. 859);

  11. Flood Disaster Protection Act of 1973, as amended (42 USC § 4001-4128);

  12. National Flood Insurance Reform Act of 1994 (42 USC § 5154a);

  13. Coastal Barrier Resources Act, as amended by the Coastal Barrier Improvement Act of 1990 (16 USC § 3501);

  14. Runway Clear Zone regulations (24 CFR Part 51);

  15. Federal Water Pollution Control Act, as amended (33 USC § 1251, et seq.), commonly known as the Clean Water Act, and all regulations and guidelines issued thereunder;

  16. Environmental Protection Agency (“EPA”) regulations at 40 CFR Part 50, as amended;

  17. HUD regulations at 24 CFR Part 51, Subpart B, Florida State and local laws, regulations, and ordinances related to noise abatement and control, as applicable;

  18. HUD regulations at 24 CFR Part 51 Subpart C regarding siting of projects near hazardous operations handling conventional fuels or chemicals of an explosive or flammable nature;

  19. HUD and EPA regulations related to asbestos-containing material and lead-based paint, including but not limited to Part 56 of Title 12 of the Official Compilation of Codes, the National Emission Standard for Asbestos (40 CFR § 61.145), the National Emission Standard for Asbestos (40 CFR § 61.150), and 24 CFR Part 35 Subparts B, H, and J; and

  20. All other applicable environmental laws that may exist now or in the future. Further, Contractor shall abide by any conditions or requirements set forth in any environmental review performed pursuant to 24 CFR Part 58, which are HUD’s regulations for Responsible Entities implementing the National Environmental Policy Act.  In addition to the foregoing requirements, all nonexempt contractors and subcontractors shall furnish to the Subrecipient, the following:

  20.1. A stipulation by the Contractor or subcontractors, that any facility to be utilized in the performance of any nonexempt contract or subcontract, is not listed on the Excluded Party Listing System pursuant to 40 CFR Part 32 or on the List of Violating Facilities issued by the EPA pursuant to 40 CFR Part 15, as amended.

  20.2. Agreement by the Contractor to comply with all the requirements of Section 114 of the Clean Air Act, as amended, (42 USC § 1857 c-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC § 1318) relating to inspection, monitoring, entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308, an all regulations and guidelines issued thereunder.

  20.3. A stipulation that as a condition for the award of the contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, Environmental Protection Agency, indicating that a facility utilized for the contract, is under consideration to be listed on the Excluded Party Listing System or the EPA List of Violating Facilities.28. Agreement by the Contractor that he will include, or cause to be included, the criteria and requirements in paragraphs A through D of this section in every nonexempt subcontract and requiring that the Contractor will take such action as the government may direct as a means of enforcing such provisions.

• LIQUIDATED DAMAGES (CDBG-DR) —

  For each task completion due date shown on “Compensation and Method of Payment”, agreed to by City and Contractor, a penalty of $1000.00 per day will be assessed for each business day that the deliverable exceeds the agreed upon due date unless both parties agree, in writing, on or before the completion deadline date that a delay in completion of the deliverable is warranted.  Each penalty shall be limited to $10,000.00. The Contractor shall not be assessed as a penalty for delays due to circumstances not subject to their control. (88 FR 32046)

• Work Directive Change —

  A written directive to the Contractor issued on or after the Effective Date of the Contract and signed by the City and/or AE, 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.

• BUSINESS RELATIONSHIP DISCLOSURE REQUIREMENT (CDBG-DR) —

  Sections 112.313(3) and 112.313(7), F.S., prohibit certain business relationships on the part of the public officers and employees, their spouses, and their children. If this disclosure is applicable, the Bidder must request the form entitled “INTEREST IN COMPETITIVE BID FOR PUBLIC BUSINESS” (Required by § 112.313(12)(b), F.S.) to be completed and returned with the Solicitation Response. It is the Bidder’s responsibility to request the form and disclose this relationship; failure to do so may result in being declared non-responsive.

  NOTICE: under the provisions of § 112.317, F.S., A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOUR, AND MAY BE PUNISHED BY, ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000.00.

• INSPECTOR GENERAL (CDBG-DR) —

  The parties agree to comply with Section 20.055 (5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055 (5), Florida Statutes.

• ANTI-LOBBYING CLAUSE (CDBG-DR) —

  Contractor to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch 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. (F.S. 287.057(23))

• CONVICTED VENDOR LIST (CDBG-DR) —

  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, or consultant 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. (F.S. 287.133(2)(a))

• BACKGROUND SCREENING (CDBG-DR) —

  As part of the application process for [Position Title], candidates are required to undergo background screening in compliance with Florida Statute 435. This statute mandates Level 1 or Level 2 background checks, depending on the nature of the position, to ensure the safety and well-being of vulnerable populations, including children, the elderly, and individuals with disabilities.

  Requirements:

  1. Level 1 background screening includes employment history checks and a statewide criminal background check through the Florida Department of Law Enforcement (FDLE).

  2. Level 2 background screening involves a national fingerprint-based criminal history check through the Federal Bureau of Investigation (FBI), along with checks of sexual offender and predator databases.

  Disqualifying Offenses: Certain criminal convictions may disqualify you from employment in this position. These include, but are not limited to:

  3. Violent crimes.

  4. Sexual offenses.

  5. Drug-related felonies.

  Exemption Process: If you have a prior conviction that would normally disqualify you from this position, you may be eligible to apply for an exemption from disqualification under certain conditions, demonstrating rehabilitation and good conduct.

  Re-screening: Periodic re-screening may be required during your employment to ensure ongoing compliance with the requirements of Florida Statute 435.

• EMPLOYMENT ELIGIBILITY VERIFICATION SYSTEM (E-VERIFY) (CDBG-DR) —

  Statutes and executive orders require employers to a Solicitation by the immigration laws of the United States and to employ, in the United States, only individuals who are eligible to work in the United States.

  The E-Verify program provides an internet-based means of verifying employment eligibility of workers employed in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for:

  1. Commercial or noncommercial services or construction

  2. Work performed in the United States.

  3. Any Contractor working for the government must verify eligibility and supply a Memorandum of Understanding

  4. Contractor(s) who are not enrolled in the program at the time City project is advertised, must enroll, and produce a copy of the Memorandum of Understanding (MOU) with Contractor(s) submission to City. Upon signing up for the program, Contractorr(s) must follow the federal guidelines for verifying all their employees, whether assigned to the contract or not, are in accordance with the Verification of Employment Eligibility.

  5. Contractor(s) that are already enrolled in the program must produce a copy of their MOU with Contractor(s) submission to City. Contractor(s) must follow the federal guidelines for verifying all their employees, whether assigned to the contract or not, are in accordance with the Verification of Employment Eligibility.

  6. Subconsultant requirement: Contractor(s) shall require all subcontracted Contractor(s) to flow down the requirement to use E-Verify to subconsultants. It shall be Contractor(s) responsibility to familiarize themselves with all rules and regulations governing this program. By providing a submission to City, Contractor(s) and any subconsultant(s) are obligated to comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This 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 subconsultants to provide an affidavit attesting that the subconsultant does not employ, contract with, or subcontract with, an unauthorized alien. Contractor(s) shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of any resulting Contract (including any Purchase Order), or if a subconsultant knowingly violates the statute, the resulting subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If any contract is terminated for a violation of the statute by Contractor, Contractor may not be awarded a public contract for a period of 1 year after the date of termination.

  7. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the E-Verify Website. Contractor(s) shall be required to provide City Procurement Services an executed affidavit vowing they shall comply with the E-Verify Program for each service/project.

• FOREIGN CORPORATION (CDBG-DR) —

  In accordance with F.S. 607.1501, and provided an exemption is not available, a foreign corporation may not transact business in Florida until it obtains a certificate of authority from the Florida Department of State. Foreign corporations may submit responses prior to obtaining a certificate of authority from the Florida Department of State. A foreign corporation must be in compliance with F.S. 607.1501, prior to entering into a Contract with City of Fort Myers.

• FLORIDA CIVIL RIGHTS ACT (FCRA) (CDBG-DR) —

  The Florida Civil Rights Act (FCRA) protects individuals from discrimination in employment, housing, and public accommodations based on characteristics such as race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status. (F.S. 760 Florida Civil Rights Act Provision)

  The Contractors shall comply with all applicable local, state and federal laws, including American with Disabilities Act of 1990, as amended; the Florida Civil Rights Act, as amended, Chapter 760, Florida Statutes; Title VII of the Civil Rights Act of 1964, as amended; (P.L. 101-336, 42 U.S.C. ₴ 12101 et seq.) and laws which prohibit discrimination by public and private entities on in employment, public accommodations, transportations, state and local government services and telecommunications.

• FOREIGN COUNTRIES OF CONCERN (CDBG-DR) —

  Contractor is not owned by the government of a Foreign Country of Concern, is not organized under the laws of, nor has its Principal Place of Business in a Foreign Country of Concern, and the government of a Foreign Country of Concern does not have a Controlling Interest in the entity.  “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.

• HUMAN TRAFFICKING (CDBG-DR) —

  Effective July 1, 2024, pursuant to §787.06(13)(a), 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.

• FDEP STANDARD TERMS —

  1. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement.

  2. Pursuant to sections 287.133, 287.134, and 287.137 F.S., the following restrictions apply to persons placed on the convicted vendor list, discriminatory vendor list, or the antitrust violator vendor list:

• PUBLIC ENTITY CRIME (FDEP) —

  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 Grantee, 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 section287.017, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list.

• DISCRIMINATORY VENDORS (FDEP) —

   An entity or affiliate who has been placed on the discriminatory vendor list 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, or consultant under a contract with any public entity; and may not transact business with any public entity.

• ANTITRUST VIOLATOR VENDORS (FDEP) —

  A person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any contract to provide any good or services toa public entity; may not submit a bid, proposal, or reply on any contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with a public entity; and may not transact new business with a public entity.

• CONVICTED VENDORS (FDEP) —

  The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list, the discriminatory vendor list, or antitrust violator vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and the antitrust violator vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or antitrust violator vendor list may be directed to the Florida Department of Management Services, Office of Supplier Development, at (850) 487-0915.

• FEDERAL, STATE, & LOCAL REGULATIONS (FDEP) —

  The Contractor and all its agents shall comply with all federal, state and local regulations, including, but not limited to, nondiscrimination, wages, social security, workers’ compensation, licenses, and registration requirements. The Contractor shall include this provision in all subcontracts issued as a result of this Agreement.

  This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.

• NON-DISCRIMINATION (FDEP) —

   No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement.

• DISPUTE (FDEP) —

  Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the Second Judicial Circuit, in and for Lee County.  Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement.

• NUMBER OF RESPONSES (FDOT) —

   A minimum of three responses are needed for any solicitation funded by the Florida Department of Transportation. If three responses are not received in the first letting the solicitation will be extended or reissued for a second time, unless waived by the FDOT. If three responses are not received the second time, the City will ask FDOT for concurrence.

• AGREEMENTS IN CONNECTION WITH THE PROJECT (FDOT-CON) —

   No member, officer or employee of the City or of the locality during his tenure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof.

• ANTI-LOBBYING (FDOT-CON) —

  The City agrees that no federally-appropriated funds have been paid or will be paid by or on behalf of the City to any person for influencing or attempting to influence any officer or employee of any federal 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 agreement and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federally appropriated funds have been paid by the City to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with this Agreement. The undersigned shall complete and submit Standard Form-LLL. “Disclosure Form to Report Lobbying.” In accordance with its instructions. The City shall require that the language of this paragraph be included in the award documents for all subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a state agency.

• BONDING REQUIREMENTS (FDOT-CON) —

  Pursuant to Chapter 255, Section 05, Florida Statutes, all Contractors performing public work for a local agency are required to execute a payment and performance bond with a local surety insurer prior to commencing work.
  A link to the payment and performance bond approved by the City is found in the "Draft Contract."

• WAIVER OF BREACH (FDOT-CON, PS) —

   In no event shall the making by the Department of any payment to the City constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the City and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default.

• CERTIFICATION OF CURRENT CAPACITY (FDOT-CON) —

   The Contractor must certify they have the financial capacity to complete the project by including the "Certification of Current Capacity" Form found in the Submission Questionnaire.

• CONTRACTOR PURCHASED EQUIPMENT (FDOT-CON) —

  Contractor Purchased Equipment for State or Local Ownership is prohibited

• DETERMINATION OF ALLOWABLE COSTS (FDOT) —

  A determination of allowable costs in accordance with the federal cost principals will be performed for services rendered under this Contract.

• DISADVANTAGED BUSINESS ENTERPRISE (DBE) (FDOT) —

  Disadvantaged Business Enterprise (DBE) terms and conditions are found under form 275-030-11, if applicable.

• ENGINEER OF RECORD (FDOT) —

  The City may not permit the Engineer of Record to perform Construction, Engineering and Inspection Services on the Project.

• ENVIRONMENTAL REGULATIONS (FDOT-CON) —

  The City will be solely responsible for compliance with all applicable environmental regulations for any liability arising from non-compliance with these regulations and will reimburse the Department for any loss incurred in connection therewith. The City will be responsible for securing any applicable permits. The recipient shall include in all contracts and subcontracts for amounts in excess of $150,000.00 a provision requiring compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.).

• EQUIPMENT RENTAL RATES (FDOT-CON) —

  For Equipment Rental Rate specifications see Technical Specs 4-3.2.1.3

• FHWA-1273 (FDOT-CON) —

  FHWA-1273 is found under the "additional solicitation documents / attachment" section. These provisions are incorporated into the contract.

• FOREIGN CONTRACTOR AND SUPPLIER RESTICTION (FDOT-CON) —

  This solicitation does not limit proposals to domestic owned contractors. (49 CFR 30)

• INCENTIVE/DISINSENTIVE CLAUSES (FDOT-CON) —

   Incentive/Disincentive Clauses are not applicable to this contract.

• INSPECTOR GENERAL (FDOT) —

  The Contractor agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate this obligation into all subcontracts. This statutory requirement mandates cooperation with the Inspector General during any investigation, audit, inspection, review, or hearing.

  Statement of Compliance. In accordance with Section 20.055(5), Florida Statutes: "It is the duty of every state officer, employee, agency, special district, board, commission, Supplier title, and subcontractors to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing pursuant to this section. Beginning July 1, 2015, each contract, bid, proposal, and application or solicitation for a contract shall contain a statement that the corporation, partnership, or person understands and will comply with this subsection."

  By submitting or entering into this contract, the Contractor certifies understanding of and agreement to comply with this statutory obligation.

• LOCAL/STATE HIRING PREFERENCES (FDOT-CON) —

  Local/State Hiring Preference is strictly prohibited. Should any language remain in this document they would not be applicable to this project.

• AWARD (FDOT-CON) —

   Award will be made to the lowest responsive responsible Bidder.

• NON-COLLUSION (FDOT-CON) —

  Contractor must read and sign the certification “Non-Collusion Declaration and Compliance with 49 CFR § 29” form 575-060-13 found in the submission questionnaire.

• LIABILITY OF THE DEPARTMENT (FDOT-CON) —

  The Department shall not be obligated or liable hereunder to any individual or entity not a party to this Agreement.

• OWNER FORCED ACCOUNTING (FDOT-CON) —

  Owner force account contracting is not allowed for this project.

• PATENTED/PROPRIETARY MATERIALS (FDOT-CON) —

  Patented/Proprietary Materials and Sole Source products are not applicable to this project.

• PREQUALIFICATION OF CONTRACTORS (FDOT-CON) —

  An FDOT prequalified contractor is not required for projects under $250,000, or LAP Class D work. If this project is LAP Class A, B, or C the prequalified work classes will be mentioned in the advertisement.

• PREVAILING MINIMUM WAGE (FDOT-CON) —

  The latest Davis-Bacon minimum wage tables, if applicable, are found as an attachment, or at https://www.fdot.gov/construction/wage.shtm.

• PROGRESS PAYMENTS (FDOT-CON) —

  Progress Payments Terms and Conditions are found in the specification package, Spec 9-5.

• PROHIBITION AGAINST CONVICT PRODUCED MATERIALS (FDOT-CON) —

  Do not use materials that were produced after July 1, 1991, by convict labor for Federal-aid highway construction projects unless the prison facility has been producing convict-made materials for Federal-aid highway construction projects before July 1, 1987.

  Use materials that were produced prior to July 2, 1991, by convicts on Federal-aid highway construction projects free from the restrictions placed on the use of these materials by 23 U.S.C. 114. The Department will limit the use of materials produced by convict labor for use in Federal-aid highway construction projects to:

  1. Materials produced by convicts on parole, supervised release, or probation from a prison or,
  2. Materials produced in a qualified prison facility.

  The amount of such materials produced for Federal-aid highway construction during any 12-month period shall not exceed the amount produced in such facility for use in such construction during the 12-month period ending July 1, 1987.

• PUBLIC AGENCIES IN COMPETITION WITH THE PRIVATE SECTOR (FDOT-CON) —

  Except in the case of a concession agreement, as defined in CFR 23 section 710.703, no public agency shall be permitted to bid in competition or to enter into subcontracts with private contractors.

• PUBLICLY OWNED EQUIPMENT (FDOT-CON) —

  Publicly Owned Equipment (23 CFR 635.106) is not allowed as part of this contract.

• STANDARDIZED CHANGED CONDITION CLAUSE (FDOT-CON) —

  See Technical specifications 4-3 & 5-12. 

• STATE PRODUCED MATERIALS (FDOT-CON) —

  (23 CFR 635.409). No requirement shall be imposed, and no procedure shall be enforced by any State transportation department in connection with a project which may operate:

  To require the use of or provide a price differential in favor of articles or materials produced within the State, or otherwise to prohibit, restrict or discriminate against the use of articles or materials shipped from or prepared, made or produced in any State, territory or possession of the United States; or
  
  To prohibit, restrict or otherwise discriminate against the use of articles or materials of foreign origin to any greater extent than is permissible under policies of the Department of Transportation as evidenced by requirements and procedures prescribed by the FHWA Administrator to carry out such policies.

• STATE/LOCALLY OWNED/FURNISHED/DESIGNATED MATERIALS (FDOT-CON) —

  Agency furnished materials is not allowed for this project.  (23 CFR 635.407)

  Contracts for highway projects shall require the contractor to furnish all materials to be incorporated in the work and shall permit the contractor to select the sources from which the materials are to be obtained. Exception to this requirement may be made when there is a definite finding by the State transportation department and concurred in by the FHWA Division Administrator, that it is in the public interest to require the contractor to use material furnished by the State transportation department or from sources designated by the State transportation department. In cases such as this, the FHWA does not expect mutual sharing of costs unless the State transportation department receives a related credit from another agency or political subdivision of the State. Where such a credit does accrue to the State transportation department, it shall be applied to the Federal-aid project involved. The designation of a mandatory material source may be permitted based on environmental considerations, provided the environment would be substantially enhanced without excessive cost. Otherwise, if a State transportation department proposal to designate a material source for mandatory use would result in higher project costs, Federal-aid funds shall not participate in the increase even if the designation would conserve other public funds.

  The provisions of paragraph (1) of this section will not preclude the designation in the plans and specifications of sources of local natural materials, such as borrow aggregates, that have been investigated by the State transportation department and found to contain materials meeting specification requirements. The use of materials from such designated sources shall not be mandatory unless there is a finding of public interest as stated in paragraph (1) of this section.

  Federal funds may participate in the cost of specifications materials made available by a public agency when they have been actually incorporated in accepted items of work, or in the cost of such materials meeting the criteria and stockpiled at the locations specified in § 635.114 of this chapter.

  To be eligible for Federal participation in its cost, any material, other than local natural materials, to be purchased by the State transportation department and furnished to the contractor for mandatory use in the project, must have been acquired on the basis of FDOT Supplemental Conditions for competitive bidding, except when there is a finding of public interest justifying the use of another method of acquisition. The location and unit price at which such material will be available to the contractor must be stated in the special provisions for the benefit of all prospective bidders. The unit cost eligible for Federation participation will be limited to the unit cost of such material to the State transportation department.

  When the State transportation department or another public agency owns or has control over the source of a local natural material the unit price at which such material will be made available to the contractor must be stated in the plans or special provisions. Federal participation will be limited to:
  • the cost of the material to the State transportation department or other public agency; or
  • the fair and reasonable value of the material, whichever is less. Special cases may arise that will justify Federal participation on a basis other than that set forth above. Such cases should be fully documented and receive advance approval by the FHWA Division Administrator.

  Costs incurred by the State transportation department or other public agency for acquiring a designated source or the right to take materials from it will not be eligible for Federal participation if the source is not used by the contractor.

  The contract provisions for one or a combination of Federal-aid projects shall not specify a mandatory site for the disposal of surplus excavated materials unless there is a finding by the State transportation department with the concurrence of the FHWA Division Administrator that such placement is the most economical except that the designation of a mandatory site may be permitted based on environmental considerations, provided the environment would be substantially enhanced without excessive cost.

• STATE LAWS (FDOT-CON) —

  Nothing in the Agreement shall require the City to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Recipient will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the City to the end that the Recipient may proceed as soon as possible with the Project.

• SUBCONTRACTING (FDOT) —

  Subcontracting with the Engineer’s acceptance of the request, the Contractor may sublet a portion of the work but shall perform with its own organization work amounting to not less than 40% of the total Contract amount.

• SUSPENSION AND DEBARMENT —

   The Contractor shall provide FDOT Form # 375-030-32, found in the submission questionnaire.

• WARRANTY (FDOT-CON) —

   (23 CFR 635.413).

  1. Warranty provisions shall be for a specific construction product or feature. Items of maintenance not eligible for Federal participation shall not be covered.

  2. All warranty requirements and subsequent revisions shall be submitted to the Division Administrator for advance approval.

  3. No warranty requirement shall be approved which, in the judgment of the Division Administrator, may place an undue obligation on the contractor for items over which the contractor has no control.

  4. A State DOT may follow its own procedures regarding the inclusion of warranty provisions in non-NHS Federal-aid contracts.

  5. In the case of a design-build project, the following requirements will apply instead of paragraphs (a) through (d) of this section.

  6. General project warranties may be used on NHS projects, provided:
  • The term of the warranty is short (generally one to two years); however, projects developed under a public-private agreement may include warranties that are appropriate for the term of the contract or agreement.
  • The warranty is not the sole means of acceptance.
  • The warranty must not include items of routine maintenance which are not eligible for Federal participation; and,
  • The warranty may include the quality of workmanship, materials and other specific tasks identified in the contract.

  7. Performance warranties for specific products on NHS projects may be used at the State DOT's discretion. If performance warranties are used, detailed performance criteria must be provided in the Request for Proposal document.

  8. The State DOT may follow its own procedures regarding the inclusion of warranty provisions on non-NHS Federal-aid design-build contracts.

  9. For best value selections, the State DOT may allow proposers to submit alternate warranty proposals that improve upon the warranty terms in the RFP document. Such alternate warranty proposals must be in addition to the base proposal that responds to the RFP requirements

• FDOT PROFESSIONAL SERVICES —

  The following will apply for all projects and is incorporated by reference:

  1.Section 287.055, F.S. “Consultants Competitive Negotiation Act” when acquiring a consultant using federal funds. Chapter 287 Section 055 - 2021 Florida Statutes -The Florida Senate (flsenate.gov)

  2.FDOT “Project Development and Environmental Manual”. PD and E Manual(fdot.gov)

  3.The Local Agency Program Manual. LAP Manual (fdot.gov).

• CONFLICT OF INTEREST (FDOT-PS) —

  No official or employee of a State or any other governmental instrumentality who is authorized in his official capacity to negotiate, make, accept or approve, or to take part in negotiating, making, accepting or approving any contract or subcontract in connection with a project shall have, directly or indirectly, any financial or other personal interest in any such contract or subcontract. No engineer, attorney, appraiser, inspector or other person performing services for a State or a governmental instrumentality in connection with a project shall have, directly or indirectly, a financial or other personal interest, other than his employment or retention by a State or other governmental instrumentality, in any contract or subcontract in connection with such project. No officer or employee of such person retained by a State or other governmental instrumentality, in any contract or subcontract in connection with such project. No officer or employee of such person retained by a State or other governmental instrumentality shall have, directly or indirectly, any financial or other personal interest in any real property acquired for a project unless such interest is openly disclosed upon the public records of the State highway department and of such other governmental instrumentality, and such officer, employee or person has not participated in such acquisition for and in behalf of the State. It shall be the responsibility of the State to enforce the requirements of this section. 23 CFR 1.33.

  The Recipient shall adhere to the Conflict-of-Interest Procedure FDOT Topic No. 375-030-006, State-Funded Grant Agreement, Section 10.f.

  1. A contracting agency shall maintain a written code of standards of conduct governing the performance of their employees engaged in the award and administration of engineering and design related services contracts under this part and governing the conduct and roles of Consultant in the performance of services under such contracts to prevent, identify, and mitigate conflicts of interest in accordance with 2 CFR 200.112, 23 CFR 1.33 and the provisions of this paragraph.

  2. No employee, officer, or agent of the contracting agency shall participate in selection, or in the award or administration of a contract supported by Federal-aid funds if a conflict of interest, real or apparent, would be involved. Such a conflict arises when there is a financial or other interest in the Respondent selected for award by:

  2.1. The employee, officer, or agent;

  2.2. Any member of his or her immediate family;

  2.3. His or her partner; or

  2.4. An organization that employs or is about to employ any of the above.

  3. The contracting agency's officers, employees, or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from Consultant, potential Consultant, or parties to sub agreements. A contracting agency may establish dollar thresholds where the financial interest is not substantial, or the gift is an unsolicited item of nominal value.

  4. A contracting agency may provide additional prohibitions relative to real, apparent, or potential conflicts of interest.

  5. To the extent permitted by State or local law or regulations, the standards of conduct required by this paragraph shall provide for penalties, sanctions, or other disciplinary actions for violations of such standards by the contracting agency's officers, employees, or agents, or by Consultant or their agents.

  6. A contracting agency shall promptly disclose in writing any potential conflict of interest to FHWA. 23 CFR 172.7(b)(4).

  7. No member, officer or employee of the Recipient or of the locality during his tenure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof.

• FEDERAL AID CONTRACT TERMS (FDOT) —

   FDOT Form 375-040-84 LAP Terms for Federal Aid Contracts is found in the submission questionnaire.

• FEDERAL REGULATIONS (FDOT-PS) —

  The City shall comply with all applicable federal guidelines, procedures, and regulations. If at any time a review conducted by Department and or FHWA reveals that the applicable federal guidelines procedures and regulations were not followed by the Recipient and FHWA requires reimbursement of the funds, the Recipient will be responsible for repayment to the Department of all funds awarded under the terms of this Agreement.

• LOBBYING (FDOT-PS) —

  The City agrees that no federally-appropriated funds have been paid or will be paid by or on behalf of the City to any person for influencing or attempting to influence any officer or employee of any federal 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 agreement and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federally appropriated funds have been paid by the City to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with this Agreement. The undersigned shall complete and submit Standard Form-LLL. “Disclosure Form to Report Lobbying.” In accordance with its instructions. The City shall require that the language of this paragraph be included in the award documents for all subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a state agency.

• OBLIGATION (FDOT-PS) —

  The Department shall not be obligated or liable hereunder to any individual or entity not a party to this Agreement.

• PERFORMANCE (FDOT-PS) —

  At the conclusion of this project, an evaluation of the Consultant's performance will be documented and submitted to FDOT. The Consultant will be evaluated in the following areas: Schedule, Management, and Quality. The Attachment 375-030-007 prescribes the process for evaluating and reporting Professional Services Consultant work performance. Attachment "Performance Evaluation of Consultant" assesses schedule and management.

  1. Consultant performance evaluations are required for projects above category two (per Florida Statue 287.017, cat 2 is $35,000).

  2. Form 375-030-007 addresses policy.

  3. Form Performance Evaluation of Consultant addresses management & schedule.

• PERMITS (FDOT-PS) —

  The Consultant will be responsible for acquiring all required and applicable permits for the project for review and approval prior to construction.

• PRE-QUALIFICATON (FDOT-PS) —

  An FDOT prequalified Consultant is not required for projects under $250,000, or LAP Class D work. If this project is LAP Class A, B, or C the prequalified work classes will be mentioned in the advertisement found on page 3 of this document.

• RESTRICTIONS, PROHIBITIONS, CONTROLS, AND LABOR PROVISIONS (FDOT-PS) —

  No member, officer, or employee of the City or of the locality during their tenure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds therefrom.

• STATE LAWS (FDOT-PS) —

  Nothing in the Agreement shall require the City to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Recipient will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the City to the end that the Recipient may proceed as soon as possible with the Project.

• STATE/LOCAL PREFERENCE (FDOT-PS) —

  Local and state preference programs of any kind are not applicable to this project; should any language remain in this document they would not be applicable to this project. 

• TRUTH-IN-NEGOTIATIONS (FDOT-PS) —

  Pursuant to Section 287.055(5)(a), Florida Statutes, for any lump-sum or cost-plus-a-fixed fee professional services contract over the threshold amount provided in Section 287.017, Florida Statutes for Category Four, the Department of Transportation (Department) requires the Respondent to execute FDOT form 375-030-030 and include it with the submittal of the Technical Proposal, or as prescribed in the contract advertisement.

• INSURANCE (FDOT-PS) —

  Per State Funded Grant Agreement Section 14c., the limits of coverage shall not be less than $1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. 

• HAZARD MITIGATION GRANT PROGRAM (HMGP) SUPPLEMENTAL CONDITIONS —

  These terms and conditions apply to the HMGP Grant projects, in addition to the CDBG-DR Supplemental Conditions.

  1. Federal Provisions. All Federal Provisions of 200 CFR Appendix II apply to this solicitation.  By submitting a response, the Contractor certifies that they have reviewed, understand, and are in compliance with 200 CFR Appendix II. 

  2. Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA), as amended; 41 CFR Part 60-300.  This Act requires employers with Federal contracts or subcontracts valued at $150,000 or more, and contracts or subcontracts for indefinite quantities (unless the contracting agency has reason to believe that the cost in any one year will be less than $150,000), to treat applicants and employees without discrimination because they are a disabled veteran, recently separated veteran, active duty wartime or campaign badge veteran, or Armed Forces service medal veteran ("protected veteran"). Covered Contractors must also take steps to employ and advance in employment qualified protected veterans. Contracts covered by VEVRAA are subject to the implementing regulations found at 41 CFR Part 60-300.

  Exceptions:

  • Those for less than $150,000;
  • Those for indefinite quantities where the agency determines that the cost in any one year will not exceed $150,000;
  • Those for work that is performed outside the U.S. and for which employment activity decisions were made outside the U.S.; and
  • Those with state or local governments, except for the specific government entity that participates in work on or under the contract.

  3. Section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act.  In addition to the federal provisions above  Section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act  also applies to this solicitation.

  By submitting a response, the Contractor certifies that they have reviewed, understand, and are in compliance with Section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act.   

• 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.

• 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

• 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, consultant reports/observations, etc.), project financials, invoice management, quality/safety reports, close-out documents, and other project-related documents for records retention purposes.

  The Consultant 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 consultants, etc.).

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.

  By selecting “YES”, the  Contractor acknowledges and affirms the previous statements.  

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

   

• Agreement/Contract Changes —

  If the answer is "No" to the question above, describe the requested updates.

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

  Contractor shall select 'No' if a conflict of interest as defined in this question does NOT exist.

  Please select 'Yes' if a conflict of interest as defined in this question DOES exist and shall be further described in the 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.

• 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 Contractor 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 enumerated in paragraph (b) of this certification; 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 Contractor acknowledges, agrees and certifies under penalty of perjury to 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.

• Federal Minority Business Enterprise Form —

  If the Contractor is using MBE's in the course of this project please download, complete, and upload the attached document.

• Florida Public Crime Entity 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 ($25,000) 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 Statues, 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.

• Iron/Steel Products Comply With F.S. 255.0993 (required) —

  "Pursuant to Florida Statute Section 255.0993, if iron or steel products are used in the course of completing this public works project, as defined by Florida Statute 255.0993(1)(e), then any iron or steel product permanently incorporated in the project must be produced in the United States, unless otherwise provided by law."

  The Contractor hereby certifies that the finished product will be in compliance with Florida Statute 255.0993. 

• 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:

• Non-Collusion Affidavit of the Prime Respondent (required) —

  The Contractor that has submitted this proposal certifies under penalty of perjury that:

  1. It is fully informed respecting the preparation and contents of the attached Solicitation, and of all pertinent circumstances respecting the provision of the goods or services to the City.

  2. The offer or submittal being made is genuine and is not collusive or a sham.

  3. that all information contained in this response is truthful.

  4. that the individual responding to this solicitation is duly authorized to submit this response on behalf of the company as its agent and that the company is ready, willing and able to perform if awarded a contract.

  5. that this submittal is made without prior understanding, agreement, connection, discussion, or collusion with any other person, company or corporation submitting a proposal for the same product or service; no officer, employee, elected official, or agent of the City or of any other Company who is interested in said response; and that this Contractor’s Certification with full knowledge and understanding of the matters therein contained and was duly authorized to do so.

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

   

• 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. 

   

   

• Scrutinized Companies Certification (required) —

  The Contractor hereby certifies under penalty of perjury, as of the date of this response to provide goods and services to the City, that has not been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List as defined in Section 287.135, Fla. Stat., is not engaged in business operations in Cuba and Syria; and has not engaged in a boycott of Israel and has not been placed on the Scrutinized Companies that Boycott Israel List created after October 1, 2016 and during the term of any contract awarded under this Solicitation.

  And further certify that the Contractor is duly authorized to submit this certification on behalf of the company as its agent and that the company is ready, willing and able to perform if awarded a contract.

  It is understood that  the contracting officer for the public entity identified in Paragraph 1 above is for that public entity only and, that falsification of this certification may result in termination of the contract, debarment of the company from submitting an offer for a period of three (3) years from the date the certification is determined to be false, civil penalties, and the assessment of attorney’s fees and costs against the company. I also understand that I am required to inform the public entity prior to entering a contract of any change in the information contained in this form.

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

   

• 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) —

  In order to be found responsive, upload in this question a copy of your "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 should be the same as the attached sample.

   

• 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 —

  Please upload a current W-9 form.

• 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.

• 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)

• 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)