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Council to reconsider sending bid protests to DOAH for review

By MEGHAN BRADBURY 6 min read
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The Cape Coral City Council may reverse its decision to seek a state opinion concerning complaints on its bidding process for solid waste services.

The council’s decision to send the complaints to the Florida Department of Administrative Hearings is back on the table after a council member has requested a motion to reconsider that decision due to timing issues.

If the bid protests go to the DOAH for consideration, it can take four to six months for a response, at which time the city could award a contract, could start over with the bidding process and/or try to negotiate a contract with Waste Pro of Florida Inc., whose contract with the city expires in September 2027, city officials said.

Now, four resolutions are on the council’s Wednesday agenda as the city works to award a contract for solid waste, recyclables, horticulture and bulk franchise collection services in a time frame that would allow for a seamless transition should it not go with Waste Pro, its current provider.

The agenda documents include Resolution 254-26, which would refer the formal protest submitted by Waste Pro to the DOAH; Resolution 246-26, which would refer the formal protest submitted by Coastal Waste & Recycling of Florida Inc. to the DOAH; and Resolution 285-26 and Resolution 284-26, which would continue the contract award process without any further delay.

The city issued its Request for Proposals for solid waste, recyclables, horticulture and bulk franchise collection services on Feb. 20, with the RFP closing on April 30. It received proposals from Coastal Waste & Recycling, FCC Environmental Services Florida LLC and Waste Pro.

FCC Environmental Services received the highest score, according to rankings by city staff.

The letters of protest from Waste Pro and Coastal Waste & Recycling were then received, with the council approving on Oct. 7 to send both letters to the DOAH for its consideration.

Bimini East

The $500 million Bimini East project will come back to the Cape Coral City Council for its final public hearing.

Ordinance 55-26 is the second and final public hearing for the proposed development agreement between the city, Crowne Development Inc. and the Bimini Basin Redevelopment Company for the mixed-use project.

The public hearing includes citizen input, with a limit of three minutes per speaker.

The council held the first of two required public hearings earlier this month for the project, the plans of which call for 900 residential units, 250 hotel rooms, 210,000 square feet of medical office, 55,000 square feet of general office, 130,000 square feet of ground floor retail and a marina with 50 boat slips.

Three linked agreements — the developer’s agreement, purchase and sale agreement, and lease agreement — were moved forward by the council at the first hearing.

Consent agenda

• Fleet Management complex

An amendment to a contract for the construction of the North Cape Government Complex Fleet Maintenance Facility is on Wednesday’s Cape Coral City Council agenda.

Resolution 273-26 is part of the city’s consent agenda, meaning there will be no council discussion unless a member of the elected board “pulls” the item for discussion.

Consent agenda items frequently include contract awards for requests for proposals solicited by the city, purchase orders, work authorizations and the like and are approved as a package.

The resolution is to approve a second amendment to the contract with Charles Perry Partners Inc. to set the guaranteed maximum price for the construction of the North Cape Government Complex Fleet Maintenance Facility- located within the North Cape Government Complex at 1200 Kismet Parkway W. — for $17,151,379, for a total contract of $40,590,249.

The second amendment, if approved, will establish the remaining costs pertaining to the scope of the work required for the completion of the construction for the facility. The project scope includes construction of the new Public Works Department Fleet Facility, which includes the building structure, architectural finishes, mechanical, electrical, plumbing, life safety, communications, specialty equipment, fuel island, overhead bridge crane, and associated site development and infrastructure.

• Cape Coral Yacht Club

Resolution 291-26 is for the approval of the contract amendment between the city and Wright Construction Group Inc. for the Yacht Club Park construction manager-at-risk services to establish the guaranteed maximum price for phase two of the site improvement project for $34,552,924.09, which increases the total guaranteed maximum price in the contract to $58,872,832.35.

In February 2021, the council adopted a resolution between the city and Wright Construction for construction-manager-at-risk preconstruction services for $331,286.88.

The first amendment was approved on Jan. 22, 2025, to include additional preconstruction services for the new facilities at the riverfront park on Driftwood Parkway — a community center, resort-style pool and expanded parking garage — in the amount of $1,202,049.92

The second amendment was approved on Nov. 5, 2025, to include a guaranteed maximum price for the marine development package in the amount of $22,785,571.46.

In March, the council directed staff to bring back a phased-funding approach for the Yacht Club Park, and a development phasing plan based on contractual obligations and necessary infrastructure was given in May.

• VA hospital in Cape

Resolution 300-26 would provide formal support for the expansion of the Lee County Veterans Affairs clinic in Cape Coral into a full VA hospital.

As proposed by local veterans organizations, such an expansion would include full-service medical care, as well as a home campus for independent, assisted, full nursing and memory care.

The city would work with other legislature and outside organizations to support the effort.

The Lee County Veterans Affairs clinic is at 2489 Diplomat Parkway E.

• Healthcare incentive

Resolution 301-26 would approve an economic development incentive agreement between the city and Fawcett Memorial Hospital Inc. for the construction of an acute care hospital at 322 SW Pine Island Road, as well as authorize Job Creation Incentive Funding up to a maximum amount of $5,250,000, Site Development Assistance Incentive funding up to a maximum of $6,000,000, Enhanced Property Value Recapture Grant funding up to a maximum amount of $17,900,000 and Impact Fees assistance up to a maximum of $1,800,000. The total dollar value is $30,950,000.

A memorandum of understanding between the city and Fawcett Memorial was established in August.

The meeting will be held at 4 p.m. Wednesday, Oct. 21, in the City Council’s chambers, at 1015 Cultural Park Blvd., Cape Coral.

The meeting is open to the public.

To reach MEGHAN BRADBURY, please email mbradbury@breezenewspapers.com