Elevation_of_11_Flood-Prone_Homes_(Addendum_#8_Revision).pdf

For more information, please visit our online supplier portal, located at https://procurement.opengov.com/portal/portorangefl

City of Port Orange

RFP 26-06-AM

ELEVATION OF 11 FLOOD-PRONE HOMES

RELEASE DATE: July 22, 2026

RESPONSE DEADLINE: September 11, 2026, 2:30 pm

Please refer to the project timeline in this document for all important deadlines.

#RFP 26-06-AM

Title: Elevation of 11 Flood-Prone Homes

Table Of Contents

1. PURPOSE AND OVERVIEW

2. INSTRUCTIONS TO RESPONDENTS

3. SCOPE OF SERVICES

4. STANDARD PURCHASING DEFINITIONS

5. GENERAL TERMS AND CONDITIONS

6. SPECIAL CONDITIONS

7. PROPOSAL SUBMITTAL & REQUIREMENTS

8. EVALUATION OF PROPOSALS

9. EVALUATION CRITERIA FOR WRITTEN PROPOSALS

10. PRICING PROPOSAL

11. VENDOR QUESTIONNAIRE

12. ATTACHMENTS

Attachments:

A - ATTACHMENT 2- Project Location Maps

B - ATTACHMENT 3- Photographic Documentation

C - ATTACHMENT 4- Property Appraiser Reports

D - ATTACHMENT 5 - Preliminary Structural Engineering

E - ATTACHMENT 6- Structure Footprints

F - ATTACHMENT 7- Existing Elevation Certificates

G - ATTACHMENT 7b- Elevation Certificate (template to use)

H - ATTACHMENT 8- Grant Agreement Excert (FEMA HMGP 4673-144-R)

I - ATTACHMENT 9- 2 CFR Part 200 Subpart D & Appendix II (up to date as of 5-08-2026)

J - RFP 26-06 Elevation of 13 Flood-Prone Homes_Sealed Proposal Label

K - RFP 26-06 Elevation of 11 Flood-Prone Homes_Bid Bond Form

L - RFP 26-06 Attachment 1_Cost and Fee Sheet

M - RFP 26-06 Attachment 6 (REVISED) - Structure Footprints

N - RFP 26-06 Attachment 5 (REVISED) - Preliminary Structural Engineering Assessments

O - RFP 26-06 Attachment 4 (REVISED) - Property Appraiser Reports

P - RFP 26-06 Attachment 3 (REVISED) - Photographic Documentation

Q - RFP 26-06 Attachment 2 (REVISED) - Project Location Maps

R - RFP 26-06 Attachment 7 (REVISED) - Existing Elevation Certificates

S - Addendum 7 - RFP 26-06 Attachment 1 _Cost and Fee Sheet (REVISED)

T - Addendum 7 - RFP 26-06 Elevation - DRAFT Contract_ updated 8.21.2026

U - Addendum 7 - Exhibit 1 Contractor's Proposal

V - Addendum 7 - Exhibit 2 Payment and Performance Bond

W - Addendum 7- Exhibit 3 Federal Regulations and Contract Provisions_RFP26-06 Elevation

X - Addendum 7 - RFP 26-06-AM - Solicitation Packet (FINAL)_8.21.2026

1. PURPOSE AND OVERVIEW

The purpose of this Request for Proposal (RFP) is to solicit competitive sealed proposals for the provision of providing The purpose of this Request for Proposal (RFP) is to solicit competitive sealed proposals for the provision of providing qualified Contractors to submit proposals for the Elevation of (11) Flood-Prone Homes. It is the City’s objective to establish a pool of qualified contractors to provide these services. The bids will be set up per property address. The minimum number of properties to be elevated per firm is not guaranteed by the City for the firms selected. The City will award to at least two (2) vendors. This solicitation relates to an elevation project involving eleven (11) single-family homes, which will receive financial assistance from FEMA via the

Hazard Mitigation Grant Program (HMGP). Compliance with Federal laws, requirements and submission of grant related forms are MANDATORY components of this solicitation..

The purpose of this Request for Proposal (RFP) is to solicit competitive sealed proposals for the provision of providing qualified Contractors to submit proposals for the Elevation of (11) Flood-Prone Homes. It is the City’s objective to establish a pool of qualified contractors to provide these services. The bids will be set up per property address. The minimum number of properties to be elevated per firm is not guaranteed by the City for the firms selected. The City will award to at least two

(2) vendors. This solicitation relates to an elevation project involving eleven (11) single-family homes, which will receive financial assistance from FEMA via the Hazard Mitigation Grant Program (HMGP). Compliance with Federal laws, requirements and submission of grant related forms are MANDATORY components of this solicitation.

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2. INSTRUCTIONS TO RESPONDENTS

RFP 26-06-AM and Elevation of 11 Flood-Prone Homes

Notice is hereby given that the City of Port Orange is soliciting Proposals for RFP 26-06-AM for Elevation of 11 Flood-Prone Homes. Proposals will be accepted in the City Clerk’s Office, Port Orange City Hall, 1000

City Center Circle, Port Orange, Florida 32129 until 2:30 pm Eastern Standard Time (EST) on Friday, September 11, 2026, which may be amended by addendum issued by the City. All untimely proposals will not be considered and will be returned to the Respondent unopened. All Proposals will be evaluated to ensure they contain all the required forms in order to deem the Bidder responsive or non-responsive. Proposal will be opened and Respondents names will be read aloud at 2:30 pm EST in the Council Chambers located on the first floor of City Hall, 1000 City Center Circle, Port Orange, Florida 32129.

There will be a mandatory Pre-Proposal Conference and site visit for the project at 10:00 am EST on Thursday, July 30, 2026 at City Hall, Council Chambers (1st floor), 1000 City Center Circle, Port Orange, FL 32129. In order to be eligible to submit a Proposal, prospective Respondents must attend the mandatory Pre-Proposal

Conference and Site Visit. All attendees to the Pre-Proposal Conference MUST sign in. The representative of each Respondent shall be an authorized employee of the Respondent and shall sign in accordingly. Respondents are urged to obtain bid documents and familiarize themselves with the documents prior to the Pre-Proposal

Conference.

DESCRIPTION: Elevation of 11 Flood-Prone Homes.

Respondents must be a commercial entity licensed to do business in the State of Florida and perform the services identified herein. Respondent(s) shall be a certified General Contractor. Respondents must be properly registered and licensed to provide the services identified in the scope of work, by all applicable state and local agencies.

All Request for Proposals (RFPs) are solicited and will be evaluated on the requirements outlined in the RFP.

Copies of the bid documents, requirements, scope of service and all other pertinent information necessary to submit a complete package may be obtained electronically from the City of Port Orange Purchasing web page at www.port-orange.org/bids.aspx and OpenGov at https://procurement.opengov.com/portal/portorangefl.

All questions must be submitted electronically via https://procurement.opengov.com/portal/portorangefl. Last day for questions will be Tuesday, August 25, 2026 at 4:00 pm EST.

The Cone of Silence begins with the issuance of the solicitation document and continues until City Council meets to make a final decision on an award. During this time respondents, suppliers, contractors and sub-contractors are prohibited from all communications regarding the solicitation with City staff, City consultants, City legal counsel, City agents, or elected officials. Any respondent who initiates any discussions or attempts to influence a member or members of the aforementioned shall be disqualified from continued participation in the procurement process with regard to that particular solicitation. While the Cone of Silence is in effect, all communications from potential respondents, suppliers, contractors and sub-contractors must be directed to the Purchasing Division @ purchdiv@port-orange.org.

SPECIAL NOTE: The City of Port Orange has transition from DemandStar to OpenGov for our solicitations. Since this is a new platform for the City, and for the Respondents submitting, we will be offering two different ways in submitting a Proposal, which http://www.port-orange.org/bids.aspx https://procurement.opengov.com/portal/portorangefl mailto:purchdiv@port-orange.org is considered a Hybrid submittal for soliciting projects for a limited time only. The timeframe for using this method will end on or about October 1, 2026, for which the City will be requesting electronic Proposals only. As of right now, Bidders are required to submit BOTH an electronic submittal and a hand-delivered submittal. In addition to submitting electronic Proposals, Respondents are also required to submit a hard copy to the City desiring to provide services, as described herein shall submit sealed Proposal in addition to submitting one (1) original, three (3) copies and one (1) digital (flash drive) version in PDF format, in conformance with the detailed submittal instructions. If Respondents are not familiar with OpenGov, the platform is FREE in creating an account and signing with OpenGov by signing up at https://procurement.opengov.com/login. For more information, please refer to the solicitation documents on this change.

https://procurement.opengov.com/login

3. SCOPE OF SERVICES

3.1. SCOPE of WORK

The proposed mitigation project involves the elevation of 13 structures on a new open foundation on pilings to the proposed design elevation in lieu of stem walls.. The habitable living areas of the original structures will be elevated and the non-habitable areas (if any) will be converted to storage or parking area. The City of Port Orange also proposes to install ADA-compliant access consisting of lift platforms medically required for homeowners from 4 of the residences to be elevated.

The contractor will tunnel underneath structure, install beams, cribbing and jacks for raising structure, raise the structures to the required height and shore up. Appropriate means of ingress and egress shall be constructed to access the elevated living spaces at each property, all utilities will be disconnected and reconnected once the structures are elevated, and service equipment will be elevated to the required height. Ground disturbance will be limited to the parcels with structures to be elevated and will not encroach into adjacent parcels. The staging area will be located on-site.

The project will be designed and constructed in strict compliance with the Florida Building Code and ASCE 24-14 or latest edition, the Federal Flood Risk Management Standards (FFRMS), and shall meet National Flood Insurance Program (NFIP) standards per 44 CFR Part 60, as well as, local floodplain ordinances or any other applicable local regulations. The project shall provide protection against a 100-year storm event. Activities shall be completed in strict compliance with Federal, State and Local applicable Rules and Regulations.

4. STANDARD PURCHASING DEFINITIONS

The City will use the following definitions in instructions to respondents, term and conditions, special provisions, technical specifications and any other solicitation documents.

1. Addendum is a formal written document, released prior to the public opening that modifies any aspect of a solicitation. Plural: Addenda

2. Alternate Bid means multiple bids with substantive variations from the same Bidder in response to a

Solicitation.

3. Amendment is a formal written agreement, signed by both parties, that modifies and existing contractual agreement.

4. Appropriate, Appropriated or Appropriation means the adoption by the City Council of the City of a budget for a fiscal year that includes payments to be made under the Contract during the respective fiscal year.

5. Best Value means the highest overall value to the City based on factors that include, but are not limited to, price, quality, design and workmanship.

6. Bid is a complete, properly signed response to an Invitation to Bid, which if accepted, would bind the

Bidder to perform the resultant Contract.

7. Bid Guaranty (Bid Bond) guarantees that the Bidder will not withdraw the Bid within the period specified for acceptance and will execute a Contract and furnish required bonds and any necessary insurance within the time specified in the solicitation unless a longer time is allowed by the City. The guarantee will be returned to the Bidder upon execution of a Contract.

8. Bidder or Respondent is a person, firm or entity that submits a Response to a Solicitation. Any

Bidder/Respondent may be represented by an agent after submitting evidence demonstrating the agent’s authority. The agent cannot certify as to his own agency status.

9. City means the City of Port Orange.

10. Competitive (Formal) Solicitation is the process of requesting and receiving two or more sealed bids, proposals, statements of qualifications or replies submitted by responsive Bidders or Respondents in accordance with the terms of a competitive process, regardless of the method of procurement.

11. Competitive Negotiation means a method for acquiring good, services and construction for public use in which discussions or negotiations may be conducted with responsible offerors who submit Responses through a competitive process, regardless of the method or procurement.

12. Competitive Range means the responsive submissions that meet the evaluation criteria and are considered to be reasonably susceptible of award.

13. Construction means the process of building, repairing, improving and alterations, conversion or extension of buildings, parks, utilities, streets or other improvements or alterations to real property.

14. Contract is a written agreement or purchase order issued for the purchase of goods or services.

15. Contractor means the person, firm or entity selling goods or services to the City under a Contract.

16. Deliverables means the goods, products, materials and/or services to be provided the City by a Bidder or

Respondent.

17. Due Date means the date and time specified for the receipt of responses to a solicitation.

18. End User is a person, program, agency or other eligible user who uses a contract to purchase a commodity or contractual service.

19. Evaluation Committee/Team is a temporary group of City personnel who are responsible for the evaluation of proposals as part of a Request for Proposals (RFP), Request for Statements of Qualifications

(RFSQ) or competitive grant process.

20. Evaluator is a member of the evaluation committee/team

21. Goods are supplies, materials, or equipment.

22. Intent to Award is a document that informs the public and respondents of the City’s decision to award a contract pursuant to a previously issued competitive solicitation.

23. Invitation to Bid (ITB) or Bid means a formal request to prospective Bidders requesting pricing for a specified Good or Service which has been advertised for bid in a newspaper.

24. Invitation to Negotiate (ITN) means a formal request to prospective proposers requesting proposed specifications and pricing of a product and/or service which has been advertised for replies in a newspaper.

25. Issues means points, matters or concerns to be addressed during negotiations.

26. Lead Negotiator is the negotiator responsible for leading and facilitating the formal negotiation discussions and selecting other required negotiation team members. Is often the “driver of change” and seeks alternatives/options.

27. Lowest Responsible Bid means the responsive bid meeting all requirements of the specifications, terms, and conditions of the Invitation to Bid resulting in the lowest cost to the City in a total cost concept or based solely on price, taking into consideration the financial and practical ability of the Bidder to perform the Contract, past performance of the Bidder, and compliance with all City ordinances concerning the purchasing process.

28. Lowest Responsible Bidder means the Bidder submitting lowest responsible bid.

29. Negotiation Team is a temporary group of City personnel who are responsible for negotiations as part of an Invitation to Negotiate (ITN).

30. Negotiator is a member of the negotiation team.

31. Non-Professional Services are services performed that are not of a professional nature such as lawn care, security, janitorial, etc.

32. Offer means a complete signed Response submitted to the City in response to a Solicitation including, but not limited to, a bid submitted in response to an Invitation to Bid, a proposal submitted in response to a

Request for Proposal, a quote submitted in response to a Request for Quotation, a Statement of

Qualifications and interest submitted in response to a Request for Statements of Qualifications or a reply submitted in response to an Invitation to Negotiate.

33. OpenGov is the official online repository for all City competitive solicitations.

34. Outlier is a proposal which is determined by the Purchasing Director or Manager to be significantly dissimilar to or inconsistent with competing bids or offers.

35. Pre-Bid/Proposal/Statement/Reply Conference means a meeting conducted by the Purchasing Office, held in order to allow Respondents to ask questions regarding the proposed Contract and particularly the

Contract specifications with the City Department requesting the goods/services.

36. Price Analysis is an evaluation of the total cost of a contract in order to determine if the price is reasonable.

37. Procurement (Process) is a term used in the governmental sector for the combined functions of acquiring

(purchasing) needed goods and/or services, receiving and inspection, inventory management, contract administration and disposal/service.

38. Professional Services means those services within the scope of the practice of architecture, professional engineering, landscape architecture or registered surveying and mapping, as defined by the laws of the

State, or those performed by any architect, professional engineer, landscape architect or registered surveyor and mapper in connection with his or her professional employment or practice.

39. Proposal is a complete, properly signed response to a Request for Proposal, based on performance that is offered rather than on that of price alone, which if accepted, would bind the Respondent to perform the resultant Contract.

40. Protest is a formalized process by which respondents have an opportunity to challenge a procurement practice or contract award.

41. Purchase Order is an order placed by the Purchasing Division for the purchase of goods or services written on the City’s standard Purchase Order form and which, when accepted by the Respondent, becomes a contract. The Purchase Order is the Bidder’s authority to deliver and invoice the City for the goods or services specified and the City’s commitment to accept the goods or services for an agreed upon price.

42. Request for Proposal (RFP) means a formal request to prospective Respondents requesting qualifications of the Respondent and pricing for a specified good or service which has been advertised for

Proposal in a newspaper.

43. Request for Statement of Qualifications (RFSQ) means a formal request to prospective proposers requesting statements of qualifications pursuant to Florida Statute 287.055 “Consultant’s Competitive

Negotiation Act” which has been advertised for Statement in a newspaper.

44. Respondent means an entity that has (or will, i.e. “prospective respondents”) submitted a response to a competitive solicitation conducted to create a contractual relationship for the provision of commodities or services.

45. Response/Submission means all materials submitted to the City by a Respondent as part of a solicitation.

A response may be called a bid, proposal, statement of qualifications or a reply, depending on the type of competitive solicitation being issued.

46. Responsible (Respondent) is a Respondent who has the capability in all respects to fully perform the contract requirements and the integrity and reliability that will assure good faith performance.

47. Responsive (Respondent) is a Respondent that has submitted a bid, proposal, statement of qualifications or reply that conform in all material respects to the solicitation.

48. Scope means the extent of the area or subject matter that something deals with or to which is relevant.

49. Scope of Work means a description of the work activities, deliverable and/or timeline that a Respondent must execute in terms of delivering specific commodities or in performance of contractual services.

50. Services include all work or labor performed for the City on an independent contractor basis other than construction.

51. Solicitation means a formal request, as applicable, for prospective Bidders or Respondents to submit a response to an Invitation to Bid, Request for Proposal or Request for Statement of Qualifications.

52. Solicitation Document means a document or collection of documents, either paper or electronic, that contains all information required to conduct a competitive procurement project according to §287.057, Florida statutes.

53. Stakeholder means an individual, who is not likely to become a Respondent, who has and interest in the commodities/contractual services needed.

54. Subcontractor means a person, firm or entity providing goods or services to a Respondent to be used in the performance of the Respondent’s obligations under the Contract.

55. Subject Matter Expert means a person who has working or expert knowledge about a particular topic or field.

56. Unbalanced Bid means a bid that is based on prices which are significantly less than cost for some bid items and significantly more than cost for others.

5. GENERAL TERMS AND CONDITIONS

These terms and conditions are standard for all contracts for commodities or services issued through the City of

Port Orange Purchasing Division. These General Terms and Conditions apply to all advertised Solicitations;

however, said terms and conditions may be superseded, in whole or in part, by Section 6, Special

Requirements/Instructions.

READ THIS ENTIRE DOCUMENT CAREFULLY. FOLLOW ALL INSTRUCTIONS. YOU ARE

RESPONSIBLE FOR FULFILLING ALL REQUIREMENTS AND SPECIFICATIONS. BE SURE YOU

UNDERSTAND THEM.

5.1. ACCEPTANCE BY CITY

The City shall have a reasonable time (but not less than 30 days) after receipt to inspect the goods and services tendered by the Bidder. The City at its option may reject all or any portion of such goods or services which do not, in City’s sole discretion, comply in every respect with all terms and conditions of the contract. The City may elect to reject the entire goods and services tendered even if only a portion thereof is nonconforming. If the City elects to accept nonconforming goods and services, the City, in addition to its other remedies, shall be entitled to deduct a reasonable amount from the price thereof to compensate the City for the nonconformity. Any acceptance by the City, even if non‐conditional, shall not be deemed a waiver or settlement of any defect in such goods and services. The material delivered as a result of this solicitation shall remain the property of the seller until a physical inspection and actual usage of the item(s) is made and thereafter deemed acceptable to the satisfaction of the City, in compliance with the terms and specifications contained herein. In the event that the item(s) supplied to the City is/are found to be defective, or does/do not conform to specifications, the City reserves the right to cancel the order upon written notice to the seller and return the item(s) to the seller at the seller's expense.

5.2. ADDENDA

When specifications are revised, the City of Port Orange Purchasing Division will issue an addendum addressing the nature of the change. Respondents MUST acknowledge all addenda by completing Form 9.3 contained herein. Failure to acknowledge the correct number of addenda issued may result in rejection of the Response. It is the responsibility of the Respondent to ensure all addenda have been received prior to submitting a proposal.

All Addenda shall be posted by the City on https://procurement.opengov.com/portal/portorangefl and City of Port

Orange Purchasing Web page at www.port-orange.org/bids.aspx. The City shall issue responses to inquiries and any other corrections or amendments it deems necessary in written addenda issued prior to the Solicitation

Response Due Date. Respondents should not rely on any representations, statements or explanations other than those made in this Solicitation or in any addendum to the Solicitation. Where there appears to be a conflict between the Solicitation and any addenda issued, the last addendum issued shall prevail.

5.3. ADDITIONAL GOODS

Products, materials and goods not specifically identified in this bid request may be added to any resultant contract upon mutual consent of the contracting parties. The City reserves the right to add or delete products or materials of similar nature, within the family of products of “ITB Item(s)” and their commodity codes, to those items requested in this bid.

5.4. ANTI-COLLUSION STATEMENT

http://www.port-orange.org/bids.aspx

By submitting this Response to a Formal Solicitation, the Respondent affirms that this Response is without previous understanding, agreement or connection with any person, business or corporation submitting a Response for the same materials, supplies or equipment, and that this Response is in all respects fair and without collusion or fraud. Additionally, Respondent agrees to abide by all conditions of this Solicitation and certifies that they are authorized to sign this Response for the Respondent. In submitting a Response to the City of Port Orange, the

Respondent offers and agrees that if the Response is accepted, the Respondent shall convey, sell, assign or transfer to the City of Port Orange all rights, title and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City of Port Orange. At the City’s discretion, such assignment shall be made and become effective at the time the City tenders final payment to the Respondent.

5.5. APPLICABLE LAWS

In connection with the furnishing of supplies or performance of work under the Contract, the Respondent agrees to comply with the Fair Labor Standards Act, Equal Opportunity Employment Act and all other applicable federal and state laws, regulations and executive orders to the extent that the same may be applicable.

5.6. ASSIGNMENT

The successful Respondent shall not sell, assign, transfer or convey this contract in whole or in part, without the prior written consent of the City of Port Orange. Any such assignment or transfer shall not release Respondent from all contractual obligations.

5.7. AUTHORITY TO CONDUCT BUSINESS IN FLORIDA

A Florida corporation or partnership is required to provide evidence with its response that the Respondent is authorized to transact business in Florida and is in good standing with the Florida Department of State. If not with the response from the successful Respondent, such evidence must be submitted to the City no later than five (5) business days from request of the Purchasing Manager. A foreign (out-of-state) corporation or partnership is required to provide evidence with its response that the Respondent is authorized to transact business in Florida and is in good standing with the Florida Department of State. If not with the response from the successful

Respondent, such evidence must be submitted to the City no later than five (5) business days from request of the

Purchasing Manager. A joint venture is required to provide evidence with its response that the joint venture, or at least one of the joint venture partners, is authorized to transact business in Florida and is in good standing with the Florida Department of State. If not with its response, such evidence must be submitted to the City no later than five (5) business days from request of the Purchasing Manager. However, the joint venture is required to provide evidence prior to contract execution that the joint venture is authorized to transact business in Florida and provide the City with a copy of the joint venture Agreement. A joint venture is also required to provide with its response a Statement of Authority indicating that the individual submitting the joint venture’s proposal has the legal authority to bind the joint venture. If not with its response, such evidence must be submitted to the City no later than five (5) business days from the request of the Purchasing Manager.

5.8. AWARDS

Recommendation for award will be considered by the City of Port Orange City Council at the earliest possible regular meeting subsequent to the evaluation process. This RFP is issued in accordance with and shall be governed by the provisions of the City’s Purchasing Manual. The City of Port Orange City Council reserves the right to make award(s) by individual sections, groups, all or none, or a combination thereof, with one or more Bidders; to reject any and all bids, or to waive any informality or technicality in bids received as deemed to be in the best interest of the City. The City does not award publicly funded contracts to those who knowingly employ unauthorized alien workers in violation of section 274A(e) of the Immigration and Naturalization Act, 8 United

States Code s1324a(e). Such employment deprives legal workers of job opportunities. Violation of section

274A(e) shall be grounds for unilateral cancellation of the contract, bid or quote for purchase of services and goods by the City of Port Orange.

5.9. AWARD AND EXECUTION OF CONTRACT

When a bid received has been determined to be satisfactory, a contract will be awarded, or Purchase Order issued to the lowest responsive and responsible Bidder within the time designated in the contract documents. The

Bidder(s) to whom the award is made shall execute the contract(s) and return it, together with the properly executed bonds and insurance certificates to the City within the time specified.

5.10. BID RETURNS

Bidders shall return all completed responses to the City of Port Orange at the address set forth in Section 2 of this document on the date and at the time specified. Late submissions will not be accepted and shall be returned to

Bidders unopened.

5.11. BID PROTEST

Any person who is adversely affected by the City’s decision or intended decision shall file with the City

Purchasing Manager a notice of protest in writing within 72 hours after the posting of the notice of decision or intended decision. With respect to a protest of the terms, conditions, and specifications contained in a solicitation, including any provisions governing the methods for ranking bids, proposals, statements, or replies, awarding contracts, reserving rights of further negotiation, or modifying or amending any contract, the notice of protest shall be filed in writing within 72 hours after the posting of the solicitation. Saturdays, Sundays, and state holidays shall be excluded in the computation of the 72‐hour time established herein. The formal written protest shall be filed with the Purchasing Manager in writing within ten (10) days after the date the notice of protest is filed. The formal written protest shall state with particularity the facts and law upon which the protest is based. Failure to file a notice of protest or failure to file a formal written protest shall constitute a waiver of proceedings. Upon receipt of the formal written protest that has been timely filed, the City shall stop the solicitation or contract award process until the subject of the protest is resolved by final City action. However, the City may continue the solicitation or award process, provided the City Manager sets forth in writing particular facts and circumstances which require the continuance of the solicitation or contract award process without delay in order to avoid an immediate and serious danger to the public health, safety, or welfare. The City shall provide an opportunity to resolve the protest by mutual agreement between the parties. The policy this City has established is as follows:

1. As soon as possible after receipt, the Purchasing Manager shall provide written bid protest to City

Manager, City Attorney, Department Head involved, and Supervisor directly involved in the acquisition.

2. Purchasing Manager shall schedule within seven (7) business days, excluding weekends and holidays, a meeting with the above‐mentioned individuals or designee and protestor. The intent of the meeting is to provide a review and/or solution prior to going before Council. After reviewing all relevant information, the City Manager shall render a decision.

3. If the protestor disagrees, he/she may appeal to the City Council at a formal council meeting. After reviewing the evidence, the City Council will issue their decision. The City Council's decision is final;

however, the protestor can appeal the decision to the Circuit Court in Volusia County, Florida within thirty

(30) days of the City Council’s final decision. Decisions at all levels shall be in writing to the protester.

5.12. BID TABULATION

Bidders who wish to receive a copy of the bid tabulation may obtain it via OpenGov at https://procurement.opengov.com/portal/portorangefl or on the City Purchasing web page at www.port‐ orange.org/bids.aspx.

5.13. BIDDER’S PRODUCT OR SERVICES

The Bidder’s product (if applicable) delivered to the City shall be free of all liens, claims or encumbrances, and the Bidder warrants that it has a clear title to the product being delivered.

1. If the Bidder is contracted to provide services, such services shall be fully satisfactory to the City as determined by the City.

2. The Bidder shall provide the City with any data, reports or other information as required and requested by the City to enable it to utilize the product or service furnished by the Bidder.

3. In furnishing the service or product to the City, the Bidder shall comply with all federal, state, county laws, and city rules, regulations and codes and their successors or amendments. Violation of such laws, rules, regulations and codes may be grounds for delaying or reducing the amount due, or in rescinding the contract, proposal or quote.

5.14. BONDS

If this solicitation requires submission of bid guarantee and payment and performance bonds, there will be a separate section explaining those requirements. When the Purchasing Manager deems it necessary, bid bonds/deposits shall be prescribed and are advertised in the public notices inviting bids. Responses submitted without the required bid bond or certified check shall be deemed non-responsive. Normally, if a bid bond/deposit is requested, it is in the amount of five percent (5%) of the bid amount.

Depending on the amount and/or nature of the work to be performed, a Payment and Performance Bond may be requested and shall be in an amount equal to one hundred percent (100%) of the total contract amount which will be recorded by the City, at the awarded Bidder’s sole cost and expense, with the Clerk of the Circuit Court, Volusia County, Florida. After recording, the City will furnish to the awarded Bidder the recording information for the bond to evidence that the Bidder has met the requirements of Florida law. The City will bill the cost of recording to the awarded Bidder. Unsuccessful respondents are entitled to the return of their bid bond. A successful respondent shall forfeit any surety required by the Purchasing Manager upon failure of the respondent to enter into a contract within the time specified after the award of bid.

5.15. CERTIFICATE OF INSURANCE

If required upon notice of intent to award contract resulting from this solicitation, the selected Respondent will be required to submit a Certificate of Insurance showing proof of adequate coverage for professional general https://procurement.opengov.com/portal/portorangefl https://www.port‐orange.org/bids.aspx https://www.port‐orange.org/bids.aspx liability, errors and omissions and workers’ compensation as identified under the insurance requirements of this solicitation and listing the City of Port Orange as a Certificate Holder prior to execution of the contract.

5.16. CHANGE ORDERS

No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All change order requests shall be made in writing by the Contractor for review by the Contract Administrator for the City of Port Orange. No work shall be performed as set forth in the change order until the Contractor receives an executed Purchase Order for the requested change.

5.17. CHANGE ORDER REQUEST NOTIFICATION

The awarded Bidder is responsible for giving the City of Port Orange, prior to the contract expiration date, at least forty‐five (45) calendar days of advance notice for any anticipated changes in price greater than $25,000, and any changes in time and/or scope of the awarded contract. The Bidder shall not continue to provide services past the contract expiration date unless approved by a written Change Order Notice from the City.

5.18. CLEAN UP

Upon completion of the delivery of materials, the Contractor shall restore any/all public and private property which was damaged during delivery. Restoration is meant to include removal of any spillage or restoring damage to the edge of pavement, sidewalks, driveways, landscaped areas, etc. Contractor shall make repairs consistent with or better than what existed prior to delivery. This shall be understood to include the use of sod or seed and mulch to replace (if necessary) existing grass that has been damaged. If sod is used it shall match the sod present on the effected property. Contractor shall make all repairs and restorations at his expense.

5.19. CONDUCT OF RESPONDENTS

All Respondents or individuals acting on behalf of a Respondent are hereby prohibited from lobbying or otherwise attempting to persuade or influence any member of the Evaluation Committee, City Council members or City staff at any time during the course of the solicitation process. The solicitation process shall end upon issuance of the written City Manager and staff recommendation for selection of a Respondent. All Respondents or individuals acting on behalf of a Respondent are further prohibited from contacting or otherwise attempting to communicate with any member of the staff, Evaluation Committee or City Council members regarding the pending solicitation or its outcome until after the issuance of the written recommendation of the most qualified Respondent. Until such recommendation is issued in writing, any questions regarding the pending solicitation shall be submitted to the Purchasing Manager. Failure to comply with this procedure shall result in rejection/disqualification of said submittal without exception. Contact with staff, City Council members and the Evaluation Committee during a public meeting shall not be considered a violation of this requirement.

5.20. CONE OF SILENCE

The Cone of Silence is designed to protect the integrity of the procurement process by shielding it from undue influences prior to the execution of the award. The Cone of Silence is defined as the period beginning with the issuance of the solicitation document and continues through the execution of the award document. During this time Respondents, service providers and the like are prohibited from all communications regarding the solicitation with City staff, City consultants, City legal counsel, City Agents, or elected officials. Any Respondent who initiates any discussions or attempts to influence a member or members of the aforementioned shall be disqualified from continued participation in the procurement process with regard to that particular solicitation.

Exceptions to the Cone of Silence:

• Written communication directed to the Procurement Officer.

• All communications occurring at Pre-Proposal Conferences.

• Oral presentations before publicly noticed committee meetings.

• Procurement of goods and services for Emergency situations; and

• Contractors already on contract with the City to perform services for the City are allowed discussions necessary for the completion of an existing contract.

5.21. CONFLICT OF INTEREST

For purposes of determining any possible conflict of interest, all Respondents must disclose if any City of Port

Orange employee is also an owner, corporate officer or employee of Respondents business. No official or employee of the City who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of the Scope of Work covered by the Contract shall voluntarily acquire any personal interest, directly or indirectly, in the contract or proposed Contract.

5.22. CONFLICT OF INSTRUCTIONS

If a conflict exists between the General Terms and Conditions and instructions contained herein, and the Special

Terms and Conditions and instructions contained herein, the Special Terms and Conditions shall govern.

5.23. CONTRACT

Any acquisition above the $100,000.00 level shall be done through one of the formal competitive methods except upon City Council waiver and/or shall have City Council approval. Only the Purchasing Manager and/or City

Manager, have the authority to obligate the City by entering into a written contract to purchase goods and/or services up to $25,000.00. The City of Port Orange, Florida reserves the right to reject any and all Responses or to waive any and all non-substantial irregularity in Responses received, whenever such waiver or rejection is in the best interest of the City.

5.24. CONTRACT OBLIGATION

Except as otherwise stated herein, the City of Port Orange City Council shall approve the contract if greater than

$25,000.00 annually. The Mayor or other person authorized by the Mayor must sign the contract before it becomes binding on the City of Port Orange or the Bidder. Department heads are NOT authorized to sign contracts for the

City of Port Orange. Binding agreements shall remain in effect until all products and/or services covered by this purchase have been satisfactorily delivered and accepted.

5.25. CONTRACT RENEWALS

Renewals may be made ONLY by written agreement between the City of Port Orange and the Respondent. Any price escalations are limited to those stated by the Respondent on the original Response.

5.26. COOPERATIVE PURCHASING

The City Manager may elect to purchase through or join with other governmental units in cooperative purchasing ventures when the best interest of the City would be served thereby, provided the same is in accordance with all applicable laws. In the event the City Manager should elect to purchase through or join with other governmental agencies in cooperative purchasing ventures, all purchases in excess of twenty-five thousand dollars ($25,000.00) shall require council approval before the purchasing contracts are entered into. (Code 1981, § 8-33, Ord. 1997-

22, § 5.6-1997; Ord. No. 2004-15, § 4, 7-20-2004)

5.27. COPYRIGHT AND PATENT RIGHTS

Respondent warrants that there has been no violation of copyrights or patent rights in manufacturing, producing and/or selling the item(s) ordered or shipped as a result of this Response, and successful Respondent agrees to hold the City harmless from any and all liability, loss or expense by any such violation.

5.28. COST INCURRED BY RESPONDENT

All expenses, including costs for required bonds, involved with the preparation and submission of Responses to the City or any work performed in connection therewith shall be borne by the Respondent. No payment shall be made for any response received, nor for any other effort required of or made by the Respondent prior to commencement of work as defined by the contract approved by the City Council.

5.29. DAMAGE

Any damage to driveways, irrigation systems, sidewalks, pavement, or landscaping will be evaluated by the City’s representative and the Bidder. If the Bidder is found to be at fault, all repairs, restitution, or reimbursements to the City must be completed within one week of discovery.

5.30. DEBARMENT HISTORY

The City will consider a Respondent’s debarment history information in its review and determination of responsibility. All Respondents are required to disclose to the City all cases of debarment filed, pending or resolved by the City or other public entity during the last five (5) years prior to the solicitation response due date, whether such actions were brought by or against the Respondent, any parent or subsidiary of the Respondent or any predecessor organization. If the Respondent is a joint venture, the information provided should encompass the joint venture (if it is not newly formed for purposes of responding to the solicitation) and each of the entities forming the joint venture. Although the review of a Respondent’s debarment history is an issue of responsibility, the failure to provide debarment history as required on the Certification Regarding Debarment, Suspension and

Other Responsibility Matters (contained herein) may result in a recommendation of non-responsive by the

Purchasing Manager.

5.31. DEFAULT PROVISIONS

In the event of default by the Respondent the City reserves the right to procure the item(s) solicited from other sources and hold the Respondent responsible for excess costs incurred as a result. If a contractor defaults on a

City contract the City Council may elect to refrain from doing business with the Respondent for a period of 36 months from the date of default.

5.32. DELIVERY OF GOODS/SERVICES

All materials are to be delivered F.O.B.; City of Port Orange designated facility. Delivery dates pertaining to this invitation must be clearly stated in the bid form where required and include weekends and holidays. Failure to comply with this requirement may be a cause for disqualification of bid. Unless otherwise specified, delivery at the earliest date is required. The Bidder shall clearly state in the response the time required for delivery upon receipt of contract or purchase order. Proposed delivery time must be specific and such phrases “as required,” “as soon as possible” or “prompt” may result in disqualification of the bid. Delivery time will be a factor for any orders placed as a result of this response. The City reserves the right to cancel such order(s) or any part thereof, without obligation, if delivery is not made within the time(s) specified herein and hold the Bidder in default. Upon approval of a contract, the Bidder is obligated to deliver the goods to the destination specified in the solicitation or the purchase order and bears the risk of loss until delivery. If this solicitation or purchase order does not contain delivery instructions, Bidder shall request instructions in writing from the Purchasing Manager. If the delivery instructions contained in the solicitation allocate delivery costs and risks in a manner contrary to this section, the provisions of this competitive solicitation shall prevail. When delivery is not met as provided for in the contract, the Purchasing Division reserves the right to make the purchase on the open market, with any cost in excess of the contract price paid by the Bidder, in addition to any other damages, direct or consequential, incurred by the

City as a result thereof. In addition, failure of the Bidder to meet the contract delivery dates will be cause for removal of the Bidder from the City’s list of eligible Bidders/Proposers as determined by the Purchasing Division.

5.33. DETERMINATION OF LOWEST AND BEST RESPONSIBLE BIDDER

In determining the lowest and best responsible Bidder, in addition to price, there will be considered the following:

1. The ability, capacity and skill of the Bidder to perform the contract.

2. Whether the Bidder can perform the contract within the time specified, without delay or interference.

3. The character, integrity, reputation, judgment, experience, and efficiency of the Bidder.

4. The quality of performance of previous contracts.

5. The previous and existing compliance by the Bidder with laws and ordinances relating to the contract.

6. The sufficiency of the financial resources and ability of the Bidder to perform the contract or provide the service.

7. The quality, availability and adaptability of the supplies or contractual services to the particular use required.

8. The ability of the Bidder to provide further maintenance and service for the use of the subject of the contract.

9. The number and scope of conditions attached to the bid.

10. Such other factors as appear to the city council to be pertinent to the bid or the contract under all of the circumstances involved.

5.34. DISCLOSURE OF CONFLICTS

The award is subject to the provisions of Chapter 112.313, Florida Statutes. All Respondents must disclose with their Response the name of any officer, director or agent who is also an employee of the City. Further, all

Respondents must disclose the name of any employee who owns, directly or indirectly, an interest in the

Respondent’s firm or any of its branches. The Respondent shall not compensate, in any manner, directly or indirectly, any officer, agent or employee of the City for any act or service that he/she may do, or perform for, or on behalf of any officer, agent or employee of the Respondent. No officer, agent, or employee of the City shall have any interest, directly or indirectly, in any contract or purchase made, or authorized to be made by anyone for, or on behalf of the City. The Respondent shall have no interest and shall not acquire any interest that shall conflict in any manner or degree with the performance of the services required under the Solicitation.

5.35. DISQUALIFICATION OF BIDDER

The Purchasing Manager shall maintain a current listing of qualified Bidders. The Purchasing Manager may, from time to time, remove any Bidder’s name from the list of qualified Bidders. Normally the removal of a Bidder from the Bidder list is done after non-response from that Bidder for three (3) consecutive solicitations. Such action may also arise out of breach of contract, default, or irregular business practice, based on the Finance Director and

City Attorney's recommendation. Any or all responses may be rejected if the City believes that collusion exists among the Bidders. Responses in which the prices are obviously unbalanced may be rejected.