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City of Port Orange

ITB-26-05-CW

WILLOW RUN PARK RENOVATION & EXPANSION

RELEASE DATE: July 22, 2026

RESPONSE DEADLINE: August 26, 2026, 2:30 pm

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

#ITB-26-05-CW

Title: WILLOW RUN PARK RENOVATION & EXPANSION

Table Of Contents

1. LEGAL NOTICE TO BIDDERS (Mandatory)

2. SECTION 1 - PURPOSE AND OVERVIEW

3. SECTION 2 - INSTRUCTIONS TO BIDDERS

4. SECTION 3 - SCOPE OF WORK

5. SECTION 4 - STANDARD PURCHASE DEFINITIONS

6. SECTION 5 - GENERAL TERMS AND CONDITIONS

7. SECTION 6 - SPECIAL REQUIREMENTS/INSTRUCTIONS

8. SECTION 7 - REQUIRED DOCUMENTATION

9. ATTACHMENT 1 - SCHEDULE OF UNIT PRICING

10. ATTACHMENTS

Attachments:

A - Attachment 2 - Willow Run Park Renovation and Expansion Project Manual

B - Attachment 3_Willow Run Plans

C - Attachment 4_DRAFT AIA for Publications

D - Attachment 5_Bid Bond

E - ITB 26-05-CW Willow Run Park Renovation and Expansion_Pre Bid Sign In Sheet

1. LEGAL NOTICE TO BIDDERS (Mandatory)

ITB-26-05-CW for WILLOW RUN PARK RENOVATION & EXPANSION

Notice is hereby given that the City of Port Orange is soliciting bids for ITB-26-05-CW for WILLOW RUN

PARK RENOVATION & EXPANSION. Bids 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

Wednesday, August 26, 2026, which may be amended by addendum issued by the City. All untimely proposals will not be considered and will be returned to the Bidder unopened. All bids will be evaluated to ensure they contain all the required forms in order to deem the Bidder responsive or non-responsive. Bids will be opened and Bidders 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-Bid Conference and site visit for the project at 2:30 pm EST on Wednesday, August 5, 2026 at Council Chambers, located at the City of Port Orange at 1000 City Center Circle, Port Orange, FL 32129. In order to be eligible to submit a bid, prospective bidders must attend the mandatory Pre-Bid

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

DESCRIPTION: Willow Run Park Renovation & Expansion Services.

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

All Invitation to Bid (ITBs) are solicited and will be evaluated on the requirements outlined in the ITB.

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 Wednesday, August 12, 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 Bidders submitting, we will be offering two different ways in submitting a bid, which 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 bids only. As of right now, Bidders are required to submit

BOTH an electronic submittal and a hand-delivered submittal. In addition to submitting electronic bids, bidders are also required to submit a hard copy to the City desiring to provide services, as described herein shall submit sealed bids in addition to http://www.port-orange.org/bids.aspx https://procurement.opengov.com/portal/portorangefl mailto:purchdiv@port-orange.org submitting one (1) original and one (1) digital (flash drive) version in PDF format, in conformance with the detailed submittal instructions. If Bidders 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.

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2. SECTION 1 - PURPOSE AND OVERVIEW

The purpose of this Invitation to Bid (ITB) is to solicit competitive sealed proposals for the provision of providing

WILLOW RUN PARK RENOVATION & EXPANSION.

It is the intent and purpose of the City of Port Orange (City) that this ITB promotes competitive selection. It shall be the Bidder’s responsibility to advise the Purchasing Division if any language, requirements, etc. or any combination thereof, inadvertently restricts or limits the requirements stated in the ITB to a single source.

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3. SECTION 2 - INSTRUCTIONS TO BIDDERS

The City invites bidders to respond to this Initiation to Bid (ITB) for theconstruction services for Willow Run

Park Renovation & Expansion services. The City anticipates to awarding to one (1) responsible and responsive bidder. The contract term will be for a term of 300-days. The awarded vendor will need to have listed on their Certificate of Insurance, as an additional insured, the City of Port Orange and Volusia County and

Volusia County must be also added to the bond due to the ECHO funds that the City of Port Orange received for this project.

The City of Port Orange is now using OpenGov for soliciting city projects. Since this is a new platform for the

City, and to the Bidders, we will be offering two different ways in submitting a bid, which 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 bids only. Bidders are required to submit both an electronic submittal and a hand-delivered submittal. In addition to submitting electronic bids, bidders are also required to submit a hard copy to the City desiring to provide services, as described herein shall submit sealed bids in addition to submitting one (1) original and one (1) digital (flash drive) version in PDF format, in conformance with the detailed submittal instructions.

Responses received after the submission deadline shall be rejected.

Important Instructions for Electronic Submittal - The City is using a hybrid submittal package. Respondents who are not listed in OpenGov, will need to be register as soon as possible so in order to submit on this project electronical.

Respondents shall create a FREE account with OpenGov by signing up at https://procurement.opengov.com/login. Once you have completed account information, browse back to this page, click on "Submit Response", and follow the instructions to submit the electronic submittal.

It is the respondent's responsibility to ensure they commence their upload submittal timely to meet the submission deadline. The City shall not be responsible for delays caused by an occurrence, including the respondent's network delays, bandwidth issues, internet outages, or technical difficulties.

Important Instructions for Hand-delivery Submittals - In addition to the receiving of electronic responses, Respondents are also responsible for submitting hand-delivered submittals.

Bids must be delivered in a sealed envelope/package and delivered to:

City of Port Orange City Clerk’s Office

Attn: Catrina Wilson, Purchasing Manager

Purchasing Division

1000 City Center Circle

Port Orange, FL 32129

Due to the timing of mail service, the City cautions Bidders to ensure actual delivery of bids to the City prior to the deadline set for receiving bids. Carrier and hand deliveries of bids will be accepted in the City Clerk’s

Office, Port Orange City Hall, 1000 City Center Circle, Port Orange, Florida 32129 until the date and time referenced in the Timeline above or as amended by addendum issued by the City. Bids received after the established deadline shall not be considered.

Bidders are cautioned that they are responsible for delivery to the specific location cited above. Therefore, if your bid, proposal, statement or quotation is delivered by an express mail carrier or by any other means, it is your responsibility to ensure delivery to the above address. The City will not be responsible for deliveries made to any place other than the specified address.

Offers by telephone, email or fax will not be accepted.

All bids will be opened publicly and the names of all Bidders shall be read aloud. All conferences and meetings regarding this ITB are recorded electronically (audio only). The City of Port Orange reserves the right to reject any or all bids or parts of bids if it is in the best interest of the City

OpenGov Technical Support:

For Technical Support, Respondents can reach the OpenGov Service Desk: Chat (preferred): Click the button in the lower right-hand corner of the portal.

Email: https://procurement.opengov.com/login Phone: 1 (605) 336-7176 Hours: Mon-Fri 7am - 10pm ET

Timely Questions Regarding this Solicitation

The questions and answer module of OpenGov is being utilized for this solicitation. Timely questions concerning this solicitation shall be submitted in accordance with the deadline for questions: Wednesday, August 12, 2026 by 4:00 pm ET. Respondents are instructed not to contact the initiating division directly.

Consideration for modification or alternation of the documents contained in this solicitation shall be requested during the specified question period, before the applicable deadline. No oral interpretation of the meaning of the plans, specifications, or other contract documentation shall be considered binding. The City shall be bound by information and statements only when such statements are written and executed under the authority of the

Manager, Purchasing Division. Answers for timely questions will be addressed in the OpenGov questions and answer module and an addendum to those questions will be issued and uploaded onto OpenGov.

Beyond questions and answers, any and all modifications, clarifications, interoperations and supplemental instructions will be in the form of a written addenda which, if issued, will be available for download. All addenda and questions/answers so issued shall become part of the Contract Documentation and receipt shall be acknowledged of any addenda before formally submitting a bid for this project.

Untimely questions are unable to be submitted in the question-and-answer module, thereafter, Respondents raising critical concerns must email purchdiv@port-orange.org. Critical clarifications may be made via addenda; however, untimely questions may not be considered.

ADDENDA

The City will issue responses to inquiries and any other corrections or amendments it deems necessary in written addenda issued prior to the bid due date. Bidders should not rely on any representations, statements or explanations other than those made in this ITB or in any addendum to this ITB. Where there appears to be a conflict between the ITB and any addenda issued, the last addendum issued will prevail. The Bidder should verify prior to submitting a bid that all addenda have been received and reviewed. All addenda will be published on the City Purchasing web page at www.port‐orange.org/bids.aspx and the DemandStar website at https://procurement.opengov.com/login .

mailto:purchdiv@port-orange.org http://www.port‐orange.org/bids.aspx

The City of Port Orange reserves the right to consider the omission of an acknowledgment of addendum as cause for rejection of the ITB submittal.

This provision exists solely for the convenience and administrative efficiency of the City of Port Orange. No Bidder or other third party gains any rights by virtue of this provision or the application thereof, nor shall any Bidder or third party have any standing to sue or cause of action arising therefrom.

CLARIFICATIONS

It is the Bidder’s responsibility to become familiar with and fully informed regarding the terms, conditions and specifications of this ITB. Lack of understanding and/or misinterpretation of any portions of this ITB shall not be cause for withdrawal of your bid after opening or for subsequent protest of award.

MINIMUM QUALIFICATIONS

Bidders shall be licensed to do business in the State of Florida. Submit Sunbiz report showing your company registered as

“Active”.

Bidders must provide a minimum of three (3) verifiable references from similar scopes of work as identified in this ITB on the provided Professional References form (Form 7.8). Failure to provide verifiable references may cause the Bidder to be deemed non‐responsive. The City of Port Orange is not to be used as a reference.

NO LOBBYING

All Bidders are hereby placed on notice that the City of Port Orange Council, City Employees/Staff, nor Members of the

Evaluation Committee (with the exception of the City of Port Orange Purchasing Division personnel designated to receive requests for interpretations or corrections) are not to be lobbied, directly or indirectly either individually or collectively, regarding this ITB. During the entire procurement process, all Bidders and their subcontractors, sub‐consultants, or agents are hereby placed on notice that they are not to contact any persons listed above for such purposes as holding meetings of introduction, dinners, etc. if they intend to submit or have submitted bids for this project. Any Bidder contacting individuals mentioned herein in violation of this warning may automatically be disqualified from further consideration for this ITB.

SCHEDULE OF UNIT PRICING

Schedule of Unit Pricing is to be completed as directed and without modification and returned as part of the ITB submittal prior to the ITB deadline for submission. Failure to fill out the Schedule of Unit Pricing as directed and without modification will negatively affect the evaluation of your bid. If the City has a need to revise the Schedule of Unit Pricing prior to the bid submittal deadline, it will do so in a published addendum. If the City does revise the Schedule of Unit Pricing, bidders must complete and return the City issued revised version of the Schedule of Unit Pricing. If bidder does NOT complete and return the City issued revised version of the Schedule of Unit Pricing their bid submittal will be deemed non-responsive.

EXCEPTIONS TO SPECIFICATIONS

If taking exception to any portion of the ITB specifications, the Bidder must indicate those exceptions as stated on the

Bidder’s Acknowledgement (Form 7.2).

BID SUBMISSION AND WITHDRAWAL

Unless otherwise specified, Bidder shall use the forms supplied by the Purchasing Division. Bids, once opened, become the property of the City, cannot be withdrawn, and will not be returned to the Bidders. Upon opening, bids become subject to public disclosure in accordance with Chapter 119, Florida Statutes.

CORRECTION OF BIDS

Correction of inadvertently erroneous bids shall be permitted up to the time of ITB opening. Bidders shall not be allowed to modify their bids after the opening time and date.

WITHDRAWAL OF BIDS

NO bid shall be withdrawn for a period of one-hundred-twenty (120) days subsequent to the bid opening without the consent of the City of Port Orange. Negligence on the part of the Bidder’s firm in preparing their bid confers no right of withdrawal or modification after the bid has been opened at the appointed time and place by the City of Port Orange. Any such withdrawn bid shall not be resubmitted.

OPENING OF BIDS

Bids will be received until the date and time stated in this ITB and will be publicly opened and read at the place, time and date stated. The City bears no responsibility for the premature opening of a bid not properly addressed and identified.

LITIGATION HISTORY

The City will consider a Bidder’s litigation history information in its review and determination of responsibility. All Bidders are required to disclose to the City all “material” cases filed, pending, or resolved during the last five (5) years prior to the solicitation response due date, whether such cases were brought by or against the Bidder, any parent or subsidiary of the

Bidder, or any predecessor organization. If the Bidder 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 Bidder’s litigation history is an issue of responsibility, the failure to provide litigation history as required in the Evaluation Criteria may result in a recommendation of non‐ responsive by the Purchasing Manager.

DEBARMENT HISTORY

The City will consider a Bidder’s debarment history information in its review and determination of responsibility. All

Bidders 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 Bidder, any parent or subsidiary of the Bidder, or any predecessor organization. If the Bidder 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 Bidder’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.

REJECTION OF BIDS

The City reserves the right to reject any and/or all bids when such rejection is in the best interest of the City.

BIDS MAY BE REJECTED AND/OR BIDDER(S) DISQUALIFIED FOR THE FOLLOWING REASONS:

(a) Failure to update the information on file including address, product, service or business descriptions.

(b) Failure to perform according to contract provisions.

(c) Conviction in a court of law of any criminal offense in connection with the conducting of business.

(d) Evidence of a violation of any federal or state antitrust law based on the submission of bids or proposals, or the awarding of contracts.

(e) Evidence that the Bidder has attempted to give a City employee a gratuity of any kind for the purpose of influencing a recommendation or decision in connection with any part of the City’s purchasing activity.

(f) Other reasons deemed appropriate by the City.

OWNERSHIP OF DOCUMENTS

All documents resulting from this solicitation will become the sole property of the City of Port Orange. The Bidder must meet all requirements for retaining public records and transfer, at no cost, to the City all public records in the possession of the Bidder upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City.

AMERICANS WITH DISABILITIES ACT (ADA)

If you need special services provided under the Americans with Disabilities Act, contact the ADA Coordinator in our Human

Resources office at 386‐506‐5560 at least 48 hours before the scheduled event.

REQUIRED DOCUMENTS FOR AWARDED BIDDER

The awarded Bidder shall return all the required post‐award documents within 10 days after the issuance of the Notice of

Intent to Award in order to execute the contract

2.1 Timeline:

Release Project Date: July 22, 2026

Pre-Bid Meeting/Site Visit (Mandatory): August 5, 2026, 2:30pm

Council Chambers, located at the City of

Port Orange at 1000 City Center Circle, Port

Orange, FL 32129

Question Submission Deadline: August 12, 2026, 4:00pm

Question Response Deadline: August 19, 2026, 5:00pm

Response Submission Deadline: August 26, 2026, 2:30pm

Council Chambers, located at the City of

Port Orange at 1000 City Center Circle, Port

Orange, FL 32129

2.2 Procurement Contact

Catrina Wilson

Purchasing Manager

1000 City Center Circle

Port Orange, FL, 32129

(386) 506-5718 cwilson@port-orange.org

4. SECTION 3 - SCOPE OF WORK

4.1. 3.1 - Scope of Work

The project is for the renovation & expansion of Willow Run Park to include sports courts and lights, a standard playground, a bicycle playground, restroom facility and other park amenities more particularly described in ITB

26-05 Attachment 2 Willow Run Park Renovation and Expansion Project Manual and ITB 26-05 Attachment 3

Willow Run Park Renovation and Expansion Drawings. The documents can be found on the City’s website at www.port-orange.org/Bids and OpenGov at https://procurement.opengov.com/login.

http://www.port-orange.org/Bids

5. SECTION 4 - STANDARD PURCHASE DEFINITIONS

The City will use the following definitions in instructions to Bidders, terms 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 an existing contractual agreement.

4. Appropriate, Appropriated, or Appropriation means the adoption by the City Council of the City of a budget fora 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 (a) will not withdraw the bid within the period specified for acceptance, and (b) 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 Proposer is a person, firm, or entity that that submits a Response to a Solicitation. Any Bidder/Proposer 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 Negotiation means a method for acquiring goods, services, and construction for public use in which discussions or negotiations may be conducted with responsible offerers who submit Responses through a Request for

Proposals, Request for Statements of Qualifications, or Invitation to Negotiate.

11. 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/Proposers in accordance with the terms of a competitive process, regardless of the method of 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 building, 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 to the City by a Bidder.

17. Due Date means the date and time specified for 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, statements of qualifications or replies as part of a Request for Proposals (RFP), Request for Submission of

Qualifications (RFSQ), or Invitation to Negotiate (ITN), 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, published on DemandStar, 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. DemandStar is the official online repository for all City competitive solicitations.

34. Outlier is a bid, offer, or 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

Bidders/Proposers to ask questions about 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/surplus.

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 employ mentor practice.

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

40. 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 Proposer to perform the resultant Contract.

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 Bidder, becomes a contract. The Purchase Order is the

Bidder’s authority to deliver and invoice the City for 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 proposers requesting qualifications of the proposer 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 (Bidder) is a Bidder 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 (Bidder) is a Bidder that has submitted a bid, proposal, statement of qualifications, or reply that conforms 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 it is relevant.

49. Scope of Work means a description of the work activities, deliverables, and/or timeline that a Bidder 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/Proposers to submit responses to an Invitation to

Bid, Request for Proposal, Request for Qualifications, Invitation to Negotiate, or a Request for Quotation.

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 supplier, who has an interest in the commodities/contractual services needed.

54. Subcontractor means a person, firm or entity providing goods or services to a Bidder/Proposer to be used in the performance of the Bidder/Proposer’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.

6. SECTION 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.

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.

2. ADDENDA

When specifications are revised, the City of Port Orange Purchasing Division will issue an addendum addressing the nature of the change. Bidders must acknowledge all addenda by completing Form 7.3 Addendum and Change Order Procedure Acknowledgement and include it in the returned response package. Failure to acknowledge the correct number of addenda issued may result in rejection of the response. It is the responsibility of the Bidder to ensure all addenda have been received and reviewed prior to submitting a bid. All addenda shall be posted by the City and on OpenGov at https://procurement.opengov.com/login and the City of

Port Orange Purchasing web page at https://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. Bidders 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.

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.

4. ANTI‐COLLUSION STATEMENT

By submitting a response to a formal solicitation, the Bidder 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 the response is in all respects fair, and without collusion or fraud. Additionally, Bidder agrees to abide by all conditions of this solicitation and certifies that he/she is authorized to sign the response for the bidding company/firm. In submitting a response to the City of Port

Orange, the Bidder offers and agrees that if the response is accepted, the Bidder shall convey, sell, assign or https://www.port-orange.org/bids.aspx 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

Bidder.

5. APPLICABLE LAWS

In connection with the furnishing of supplies or performance of work under the contract, the Bidder 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.

6. ASSIGNMENT

The successful Bidder 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 the Bidder from all contractual obligations.

7. AUTHORITY TO CONDUCT BUSINESS IN FLORIDA

A Florida corporation or partnership is required to provide evidence with its response that it 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. A foreign (out‐of‐state) corporation or partnership is required to provide evidence with its response that it 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. A joint venture is required to provide evidence with its response that it, 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.

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 ITB 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.

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.

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.

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:

a. 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.

b. 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.

c. 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.

12. BID TABULATION

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

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.

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

b. 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.

c. 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, https://www.port/ regulations and codes may be grounds for delaying or reducing the amount due, or in rescinding the contract, proposal or quote.

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.

15. CERTIFICATE OF INSURANCE

Upon issuance of a notice of intent to award, the selected Bidder will be required to submit a Certificate of

Insurance showing proof of adequate coverage for professional general liability, errors and omissions and workers’ compensation as identified under the insurance requirements of this solicitation and listing the City of

Port Orange as Additional Insured prior to execution of the contract.

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 supplier/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 Bidder receives an executed Purchase Order for the requested change.

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.

18. CLEAN UP

Upon completion of the delivery of materials, the Bidder shall restore any/all public and private property which may have been 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. Bidder 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. Bidder shall make all repairs and restorations at his/her expense.

19. CONDUCT OF BIDDERS

All Bidders or individuals acting on behalf of a Bidder 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 staff recommendation (Notice of Intent to Award) for selection of a Bidder. All Bidders or individuals acting on behalf of a Bidder 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

Bidder. Until such recommendation is issued in writing, any questions regarding the pending solicitation shall be submitted to the Purchasing Division. Failure to comply with this procedure shall result in rejection/disqualification of said submittal without exception.