City of North Port is Requesting Formal Quotes for RFQ 2026-14 - UV Disinfectant System for Splash Pad at Atwater Park

CITY OF NORTH PORT
REQUEST FOR QUOTATION 2026-14
Ultraviolet Disinfectant System for Splash Pad at Atwater Park
THIS IS NOT AN ORDER
February 3, 2026
CITY OF NORTH PORT Contact Person: Bernice Moen, Contract Administrator I
Finance/Purchasing Division Contact Phone: 941-429-7114
4970 City Hall Blvd Contact Fax: 941-429-7173
North Port, Florida 34286 Contact Email: Purchasing@NorthPortFL.gov
KEY DATES:
1. NON-MANDATORY PRE-QUOTE MEETING: February 10, 2026, AT 10:00 A.M. City Hall, Room 337A, 4970 City Hall Blvd,
North Port, Florida 34286. *Site Visit to follow.
All potential Quoters are recommended to attend the non-mandatory pre-quote conference. The purpose of the Pre-
Quote Meeting is to provide a briefing on the City's expectations and performance requirements for submission of
quote documents.
2. LAST DAY FOR QUESTIONS: February 17, 2026, AT 2:00, P.M. See the section below titled "Clarification and Additional
Information" for further details.
3. QUOTE DUE DATE: February 24, 2026, AT 2:00 P.M. Late responses will not be considered. Electronic questions and
submittals shall be made to the above-listed contact person. No hard copies will be accepted.
SUBMIT ALL QUOTES TO: Purchasing@NorthPortFL.gov
Please note: If you are unable or do not desire to quote, please indicate on the Statement of Non-Submittal Form and
return to the City's Purchasing Division.
PURPOSE: It is the intent of the City of North Port (hereafter "City") to secure services of a qualified Contractor to provide
all labor, materials and services necessary to install a commercial ultraviolet (UV) disinfection system for the splash pad at
Atwater Park.
QUOTE PRICES: Vendors shall quote unit prices, F.O.B. Destination as specified herein, for the purchase and/or installation
of the goods, or performance of the services specified herein. Such prices shall include Vendor's cost in full for all
transportation, freight, labor, materials, consumables, and equipment used in delivering said materials to the point of
delivery, and/or performance of the services.
SCOPE OF SERVICES/TECHNICAL SPECIFICATIONS:
The City of North Parks & Recreation Department is seeking quotes for installation of a commercial ultraviolet (UV)
disinfection system for an outdoor splash pad water system located at Atwater Park, 4475 Skyway Ave., North Port, FL
34288. Contractor is responsible for removal and proper disposal of existing equipment.
The Contractor shall provide all labor, materials, equipment and services necessary to furnish and install a commercial
ultraviolet (UV) disinfection system for an outdoor splash pad water system. The UV system shall be designed for
Page 1 of 29
Request for Quote No. 2026-14

continuous outdoor operation, constructed of materials suitable for chemically treated water and properly sized to
accommodate the splash pad's operational flow rate of 880 GPM, 40 MJ intensity.
The system shall include a UV reactor, lamps, protective sleeves, UV intensity monitoring, system controls and safety
interlocks. All controls, housings, and enclosures shall be rated for exterior installation, and the system shall be capable of
reliable operation under local environmental conditions. System must comply with Florida Department of Health standards.
The Contractor shall install the UV system at the designated location and integrate it into the existing splash pad filtration
and return piping in compliance with all applicable codes and standards. The scope shall include system start-up, functional
testing, and commissioning, as well as basic operator training and delivery of operation and maintenance documentation.
The UV system shall be fully operational at project completion and include a minimum one-year manufacturer's warranty
beginning at system acceptance. A site visit is recommended to confirm materials and necessary quantities.
All work required to be completed no later than 30 days after notice to proceed.
DRAWINGS:
Page 2 of 29
Request for Quote No. 2026-14

Page 3 of 29
Request for Quote No. 2026-14

NON-MANDATORY PRE-QUOTE MEETING: A pre-quote meeting will be held on February 10, 2026, 10:00 AM at City Hall,
Room 337A to answer questions and discuss the requirements of the City.
CLARIFICATION AND ADDITIONAL INFORMATION: Discrepancies, omissions, or questions about the intent of the
documents should be submitted to the City's Purchasing Division in written form as a request for interpretation no later than
five (5) business days prior to Quote due date (or shall be verbally addressed at the pre-quote conference, if applicable).
Interpretations made will be in the form of an addendum to the documents. The City will attempt to notify all prospective
quoters of addenda issued to the quote documents; however, it shall be the responsibility of the quoter, prior to submitting
their response, to either visit www.demandstar.com to view the solicitation and download all issued addenda or contact
the City's Purchasing Division to determine if addenda were issued, acknowledging and incorporating it into their quote.
Receipt of all addenda by each quoter should be acknowledged on the quote form, indicating the addendum number and
date of issue, therein becoming part of the Contract. No oral explanations shall be binding. The City is not responsible for
quotes not submitted on time.
If you have any questions, concerns, or problems accessing the quote package using the link, please contact Bernice Moen,
Contract Administrator I, at 941-429-7114. Request for additional information or clarification regarding the specifications
must be sent via email to Purchasing@NorthPortFL.gov. No verbal requests will be honored. All questions and
clarifications must be submitted via e-mail or facsimile by February 17, 2026 at 2:00 PM.
It is expressly understood by the City and the Contractor that award of the Contract is contingent upon appropriation of
funds by the City Commissioners.
EXAMINATION OF REQUEST FOR QUOTE DOCUMENTS/SITE: Prior to submission of the quote form, quoters shall carefully
examine the terms and conditions in this document, special provisions, and all other related quote documents, including all
modifications thereof, incorporated in the quote package, plus fully informing themselves as to all existing conditions and
limitations that effect the work to be performed under this contract.
Examination of site: Prior to submitting the quote form, each quoter shall examine the site and all conditions thereon
during the pre-quote meeting, if applicable or as requested. All quote forms shall be presumed to include all such existing
conditions as may affect any work to be done on this project. Failure to familiarize himself/herself with such conditions will
in no way relieve the successful quoter from the necessity of furnishing any materials or performing any work that may be
required to complete the work in accordance with the Specifications and drawings (if applicable).
CRITERIA FOR AWARD: The award of this Quote will be to the lowest overall responsive, responsible Quoter or Quoters
meeting or exceeding all the specifications contained herein. The City reserves the right to award this quote in whole or in
part, or by line item, whichever is in the best interest of the City. Other considerations of award may be references,
experience of the quoter with accounts of this size or larger, prior performance evaluations created by the City, and number
of years in business.
The City reserves the right to reject the quote submittal of any Quoter who has previously failed to perform properly, or on
time, or who is not able to satisfactorily deliver the goods or perform the services specified herein.
INSTRUCTIONS TO QUOTERS:
To be considered, your properly completed Quote Form must be received by the City's Purchasing division by the Due Date
above. Quotes must be received by the City via email. The Quote Form below must be used to submit a Quote. All other
quote documents submitted will be rejected.
Do not submit a Quote for $100,000 or more. In the event no responsive and responsible quotes are received under this
quote threshold, the City may elect to cancel this request for quote and re-solicit using another procurement method. If in
your opinion the goods specified herein cannot be delivered under this dollar threshold, please notify the City's Purchasing
Division via email.
Page 4 of 29
Request for Quote No. 2026-14

1. Refer to this Request for Quote (RFQ) Number on all correspondences related to this RFQ.
2. Your Quote MUST comply with the Instructions, Terms and Conditions, and Specifications contained herein.
3. Prices quoted are to be freight included or firm freight amount is to be listed.
4. Material markup shall not exceed industry standard for a municipality.
5. Any applicable travel should be portal (the Contractor location) to portal (City of North Port - one travel, not to our
facility and then again to any individual location of work.)
DEFINITIONS:
* Addenda: a written change to a solicitation.
* Contract: The submitted Quote forms signed by the Contractor, together with the complete quote solicitation and
any Purchase Order(s) furnished by the City shall constitute a binding contract.
* Contractor or Vendor: A general reference to any entity responding to this solicitation or performing under any
resulting Contract.
* Quote or Submittal: Any offer submitted in response to this RFQ, including all applicable forms.
* Quoter: One that submits a quote in response to this request for quote.
* Responsible: Refers to a quoter that has the capacity and capability to perform the work required under a Request
for Quote and is otherwise eligible for award.
* Responsive: Refers to a quote that contains no exceptions or deviations from the terms, conditions, provisions,
specifications, and drawings (if applicable) as set forth in the Request for Quote.
* Request for Quote (RFQ): This solicitation document, including any and all addenda.
* Solicitation: This written document requesting quotes from the marketplace.
TERMS AND CONDITIONS:
In the event of any conflict between the Terms and Conditions of this RFQ and the City's Purchase Order Terms and
Conditions the following Terms and Conditions shall control:
FREIGHT: Contractor should coordinate receipt of any required shipments.
ESTIMATED QUANTITIES: It is understood that the quantities contained herein are approximate only and are solely for the
purpose of facilitating the comparison of quotes, and that the Contractor's compensation will be computed upon the basis
of the actual quantities in the completed work, whether they be more or less than those shown.
DESCRIPTIVE INFORMATION: Unless otherwise specifically provided in the Scope of Work, Special Provisions or Technical
specifications, all equipment, materials and articles incorporated in the work covered by this Contract are to be new and of
the most suitable grade for the purpose intended. Unless otherwise specifically provided in the Technical specifications,
reference to any equipment, material, article or patented process, by trade name, make or catalog number, shall be
regarded as establishing a standard of quality and shall not be construed as limiting competition. If the Quoter wishes to
make a substitution to the specifications, the Quoter shall furnish the City the name of the manufacturer, the model
number and other identifying data and information necessary to aid in the City in evaluating the substitution. Such
substitution shall be subject to City approval. Substitutions shall be approved only if determined by the City to be
equivalent to the specifications. A quote containing substitution is subject to disqualification if the City does not approve
the substitution.
ARITHMETIC DISCREPANCIES: For the purpose of initial evaluation of quotes, the following will be utilized in resolving
arithmetic discrepancies found on the face of the quote forms as submitted by quoters:
A. Obviously misplaced decimal points will be corrected.
B. In case of discrepancy between unit price and extended price, the unit price will govern. Apparent errors in
extension will be corrected.
Page 5 of 29
Request for Quote No. 2026-14

C. Apparent errors in addition of lump sum and extended prices will be corrected.
For the purpose of quote evaluation, the City will proceed on the assumption that the quoter intends his/her quote be
evaluated on the basis of the unit prices, extensions, and totals arrived at by resolution of arithmetic discrepancies as
provided above, and the quote will be so reflected on the tabulation of quotes.
FORM OF CONTRACT: The submitted Quote Form signed by the Quoter, together with the complete quote package
furnished by the City and a purchase order, shall constitute a binding contract (hereinafter "contract documents"). The
Quoter shall be required to perform according to the Quoter's submitted Quote Form and the City's quote package when a
purchase order, signed by the Purchasing Manager, is transmitted to the Quoter. The transmitted purchase order shall
serve as both a Notice of Acceptance and Notice to Proceed to the Quoter. Failure to comply with the conditions set forth in
the purchase order shall be deemed a breach of contract subjecting the Quoter to forfeiture of the bid bond (if applicable)
or other posted security and other possible penalties.
NON-EXCLUSIVE CONTRACT: Quoter acknowledges and agrees that services under this Contract are to be requested by
City on an as-needed basis only, and no representation or guarantee is made by City to quoter that City will utilize quoter's
services exclusively or at all. No guarantee of services or volume of work is implied. This Contract does not entitle quoter to
exclusive rights to City contracts. The City reserves the right to acquire services from other companies if deemed
appropriate.
CITY RESERVED RIGHTS: The City reserves the right to accept or reject any and/or all quotes, to waive irregularities and
technicalities, and to request resubmission of quotes. Also, the City reserves the right to accept all or any part of the quote
and to increase or decrease quantities to meet additional or reduced requirements of the City. Any sole response received
on the first submission date may be rejected by the City depending on available competition and timely needs of the City.
WARRANTY: All warranties express and implied, shall be made available to the City for goods, equipment, and services
covered by this solicitation. Contractor warrants that all workmanship, materials, and equipment will be new and in
accordance with industry standards for a period of one (1) year of completion of the work or delivery of the goods. Any
defective workmanship or nonconforming materials or equipment will be immediately removed and replaced by Contractor
at its expense. Failure on the part of the City to reject inferior workmanship or to note nonconforming materials or
equipment will not be construed to imply acceptance by the City. The terms and conditions of this solicitation may
supersede the manufacturer's standard warranty.
SUB-CONTRACTING: The Contractor shall not sell, transfer, assign or otherwise dispose of the Contract or any portion
thereof without written consent of the City. If the Contractor chooses to sublet any portion of the Contract, the Contractor
must provide a written request to sublet work to the City for approval. With the City's acceptance of the request, the
Contractor may sublet a portion of the work, but shall perform with its own organization work amounting to not less than
50% of the total Contract amount. The request will be deemed acceptable by the City, for purposes of the City's consent,
unless the City notifies the Contractor within five (5) business days of receipt of the request that the City is not consenting
to the requested subletting.
ASSIGNMENT: This Contract, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any
circumstances by the Vendor without the prior written consent of the City Manager or designee.
TAXES: The City is exempt from Federal Excise and State Sales Taxes. The Contractor shall assume liability for Local, State,
or Federal Tax that is applicable to the work. The quote shall not include sales tax to be collected from the City. The City's
sales tax exemption is not available to Contractor for items Contractor purchases, regardless of whether these items will be
transferred to the City.
PAYMENT: The City's Finance Department shall issue payments in accordance with the Florida Local Government Prompt
Payment Act, Florida Statutes, Chapter 218, upon receipt of the Contractor's invoice and approval of same by the City
indicating that the goods and services have been delivered and/or performed in conformity with this Request for Quote.
Page 6 of 29
Request for Quote No. 2026-14

The City reserves the right to pay for purchases made under any Contract resulting from a solicitation through its
Purchasing Card Program which utilizes VISA credit cards. When payment is received utilizing the City credit card, an
original invoice should not be mailed to the City's Finance Department. Only the detailed/itemized credit card receipt is
issued for this charge with the original receipt being provided with the delivery to the individual cardholder placing the
order. No surcharges will be accepted for the use of purchasing cards.
CONTINUOUS PROSECUTION OF WORK: The Contractor shall continuously prosecute the work, or a designated portion of
it in accordance with the Contract Documents. Upon written direction from the City, the Contractor shall remove any
personnel for the duration of the Contract, who fails to comply with the Contract Documents.
Once commencing the work, the operation must be continuously prosecuted during normal hours to its completion. At no
time shall the Contractor suspend work for any reason, for more than seven (7) calendar days, excluding delays granted for
inclement weather.
Correction of safety concerns will be given priority and shall be corrected as soon as practicable, but not later than 24 hours
after discovery by the City and notification to the Contractor. Failure to comply with these Provision and/or Technical
Specification shall result in the Contractor being considered in default and subject to suspension of this contract.
Contractor shall furnish to the City, in such detail and as often as requested, full reports of the progress of Contractor's
Services irrespective of its location. The presence of an inspector shall in no way lessen the responsibilities of the
Contractor.
TERMINATION OF CONTRACT:
Funding in Subsequent Fiscal Years: It is expressly understood by the City and the Contractor that funding for any successive
fiscal years of the Contract is contingent upon appropriation of funds by the City Commissioners. In the event that funds
are not available or appropriated, the City reserves the right to terminate the Contract. The City will be responsible for
payment of any outstanding invoices and work completed by the Contractor prior to such termination.
Termination With or Without Cause: The City shall have the right to unilaterally cancel, terminate or suspend this Contract,
in whole or in part, by providing the Contractor thirty (30) days written notice by certified mail.
The City reserves the right to terminate this Contract, in part or in whole, in the event the Contractor fails to perform in
accordance with the terms and conditions stated herein. The Contractor will be notified by letter of the City's intent to
terminate. In the event of termination for default, the City may procure the required goods and/or services from any
source and use any method deemed in its best interest. All re-procurement cost shall be borne by the Contractor.
Termination by Contractor: Contractor shall have the right to terminate services only in the event of the City failing to pay
Contractor's properly documented and submitted invoice within ninety (90) calendar days of the approval by the City's
Administrative Agent, or if the project is suspended by the City for a period greater than ninety (90) calendar days.
PERMITS AND REGULATIONS: Permits and licenses necessary for the prosecution of the work shall be secured and paid for
by the Contractor, unless otherwise specified. The Contractor shall give all notices and comply with all laws, ordinances,
rules, and regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes that the
specifications and drawings are at variance therewith, he/she shall promptly notify the City in writing, and any necessary
changes shall be adjusted as provided in the Contract for changes in the work. If the Contractor performs any work knowing
it to be contrary to such laws, ordinances, rules, and regulations, and without such notice to the City, he/she shall bear all
costs arising therefrom. It shall be the responsibility of the Contractor to assure compliance with any FDOT specifications,
OSHA, EPA, and/or other Federal, State or City law(s), code(s) and ordinance(s), as each may apply.
DAMAGES: The Contractor shall take all necessary precautions for the safety of and will provide the necessary protection
as deemed necessary by the City, and any of its personnel to prevent damage, injury or loss to the traveling public,
Page 7 of 29
Request for Quote No. 2026-14

employees on the job and other persons who may be affected thereby, all the work and all materials or equipment to be
incorporated therein, whether in storage on or off the site, and other property at the site or adjacent thereto.
The Contractor shall be responsible for the protections of adjoining property which may include, but not be limited to
mailboxes, sprinkler systems, conduits, landscaping ornaments, trees, shrubs, lawns, walks, pavements, driveways,
sidewalks, roadways, structures and utilities, not designated for removal, relocation or replacement in the course of the
work. Areas adjacent to the work that are damaged shall be repaired at the Contractor's expense. Restoration of adjoining
areas shall be equal to or better than original condition and to the satisfaction of the City.
If applicable, mailboxes shall be kept in service to the satisfaction of the US Postal Service and the City, until they are
permanently restored to their proper location upon the completion of the work. Driveways and City roads impacted
during the work shall be temporarily restored as soon as possible and maintained on a continual basis to minimize the
impact on the homeowners' egress and access. These provisions apply to the warranty period after City approval of
completion of the contract. The work limits at each work zone area shall be agreed to by the Contractor and the City prior
to any work programs. Any damage outside the agreed work zone area shall be the responsibility of the Contractor to
restore.
DECLARATION OF EXEMPTION FROM PUBLIC RECORD: In accordance with Florida Statutes 119.0701, Contractor shall
comply with all public records laws, and shall specifically:
1. Keep and maintain public records required by the CITY to perform the service.
a. The timeframes and classifications for records retention requirements must be in accordance with the General
Records Schedule GS1-SL for State and Local Government Agencies.
(See http://dos.state.fl.us/library-archives/records-management/general-records-schedules/).
b. Public records" means and includes those items specified in Florida Statutes 119.011(12), as amended from
time to time, and currently defined as: All documents, papers, letters, maps, books, tapes, photographs, films,
sound recordings, data processing software, or other material, regardless of the physical form, characteristics,
or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction
of official business with the City. Contractor's records under this Contract include but are not limited to,
supplier/subcontractor invoices and contracts, project documents, meeting notes, emails and all other
documentation generated during this Contract.
2. Upon request from the City's custodian of public records, provide the City, at no cost, with a copy of the requested
records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the
cost provided for by law. All records kept electronically must be provided to the City, upon request from the City's
custodian of public records, in a format that is compatible with the information technology systems of the City.
3. Ensure that project records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law for the duration of the contract term and, if the
CONTRACTOR does not transfer the records to City following completion of the contract, for the time period
specified in General Records Schedule GS1-SL for State and Local Government Agencies.
4. Upon completion of the contract, transfer, at no cost, to the City all public records in Contractor's possession or
keep and maintain public records required by the City to perform the service. If the Contractor transfers all public
records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that
are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and
maintains public records upon the completion of the contract, the Contractor shall meet all applicable
requirements for retaining public records.
Page 8 of 29
Request for Quote No. 2026-14

5. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT
CUSTODIAN OF PUBLIC RECORDS, 4970 CITY HALL BOULEVARD, NORTH PORT, FLORIDA
34286, 941.429.7063 OR HOTLINE 941.429.7270; EMAIL:
PublicRecordsRequest@NorthPortFL.gov.
6. Failure of the CONTRACTOR to comply with these requirements shall be a material breach of this Contract. Further,
Contractor may be subject to penalties under Florida Statutes 119.10.
STATE REGISTRATION REQUIREMENTS: Any Quoter required by Florida law to register to do business in this state shall
either be registered or have applied for registration with the Florida Department of State in accordance with the provisions
of Chapter 607, 608, 617, or 621, Florida Statutes, unless they are exempt. A copy of the registration/application may be
required prior to award of a contract. Any partnership submitting a quote in response to this Request for Quote shall have
complied with the applicable provisions of Chapter 620, Florida Statutes.
UNAUTHORIZED ALIEN WORKERS: The City will not intentionally award publicly-funded contracts to any Contractor who
knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in U.S.C.
Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The City shall consider employment by
any Contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Contractor of the
employment provisions contained in Section 274A(e) of the INA shall be grounds for termination of the Contract by the City.
EQUAL EMPLOYMENT OPPORTUNITY: City, Florida, in accordance with the provisions of Title VI of The Civil Rights Act of
1964 (78 Stat. 252) and the Regulations of the Department of Commerce (15 CFR, Part 8) issued pursuant to such Act,
hereby notifies all quoters that it will affirmatively ensure that in any contract entered into pursuant to this advertisement,
minority business enterprises will be afforded full opportunity to submit quotes in response to this advertisement and will
not be discriminated against on the grounds of race, color or national origin in consideration for an award.
All quoters are hereby notified that the successful quoter (Contractor) must and shall comply with the Civil Rights Act of
1964, the Age Discrimination in Employment Act, the Rehabilitation Act of 1973, the Americans with Disabilities Act and the
Florida Civil Rights Act, all as amended. Specifically, Contractor agrees that:
* No person shall, on the grounds of race, color, sex, religion, age, disability, national origin or marital status, be
excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any
program, activity or service funded through this Contract.
* Contractor will not discriminate against any employee or applicant for employment because of race, color,
religion, sex, age, disability, national origin or marital status. Contractor agrees to post in a conspicuous place,
available to employees and applicants for employment, notices setting forth the provisions of this non-
discrimination clause.
* Contractor will, in all solicitations or advertisements regarding program activities, services provided or
applications for employment, state that all qualified applicants will receive consideration for services or
employment without regard to race, color, religion, sex, age, disability, national origin or marital status.
* City may require Contractor to submit reports as may be necessary to indicate non-discrimination. City officials
will be permitted access to Contractor's books, records, accounts and other sources of information and its
facilities as may be pertinent to ascertain compliance with non-discrimination laws.
It is expressly understood that City shall have the right to terminate this Contract upon receipt of evidence of
discrimination.
FORCE MAJEURE: Should performance of any obligation created under this Agreement become illegal or impossible by
reason of:
a. A strike or work stoppage, unless caused by a negligent act or omission of either Party;
Page 9 of 29
Request for Quote No. 2026-14

b. An act of God, tornado, hurricane, flood, sinkhole, fire, explosion, landslide, earthquake, epidemic, pandemic,
quarantine, pestilence, or extremely abnormal and excessively inclement weather;
c. An act of a public enemy, act of war, terrorism, effect of nuclear radiation, blockage, insurrection, riot, civil
disturbance, state of martial law, or national or international calamity;
d. A declared emergency of the federal, state, or local government; or
e. Any other like event that is beyond the reasonable control of the non-performing party; then the performance
of any such obligation is suspended during the period of, and only to the extent of, such prevention or
hindrance, provided that:
f. The non-performing party provides written notice within five (5) days of the event of force majeure, describing
the event in sufficient detail, including but not limited to: the nature of the occurrence, a good faith estimate of
the duration of the delay, proof of how the event has precluded the non-performing party from performing,
and the means and methods for correcting the delay; and continues to furnish timely reports of all actions
required for it to commence or resume performance of its obligations under this Agreement;
g. The excuse of performance is no greater in scope or duration than required by the event of force majeure;
h. No obligations of either party that arose before the force majeure are excused as a result of the event of force
majeure; and
i. The non-performing party uses all reasonable diligence to remedy its inability to perform.
Economic hardship of a party does not constitute an event of force majeure. A party will not be excused from performance
due to forces that it could have reasonably prevented, removed, or remediated prior to, during, or immediately after their
occurrence.
The non-performing party's affected obligations under this Agreement will be temporarily suspended during, but not longer
than, the continuance of the event of force majeure and a reasonable time thereafter as may be required to commence or
resume performance of its obligations. Notwithstanding the above, performance shall not be excused under this Section for
a period exceeding two (2) months, provided that in extenuating circumstances, the City may excuse performance for a
longer term.
REFERENCES: Contractor shall submit a minimum of three (3) recent (within the past three (3) years) references of projects
of similar size and scope on the attached Reference form. Each reference shall include a project description, project
location, name and phone number of a contact person, total project amount, and completion date. The City reserves the
right to contact references.
MODIFICATION OF CONTRACT: Any Contract resulting from this solicitation may be modified by mutual consent of duly
authorized parties, in writing through the issuance of a modification to the Contract and/or change order as appropriate.
This presumes the modification itself is in compliance with all applicable City procedures. The Contract Documents shall
constitute the sole and complete understanding between the parties and supersedes all agreements between them,
whether oral or written with respect to the subject matter. No amendment, change, or addendum to this Contract is
enforceable unless agreed to in writing by both parties and incorporated into this Contract. The City Manager or designee
may agree to amendments that do not increase compensation to Contractor. A Contract modification or change order is a
written instrument prepared by the City and signed by the Contractor stating their agreement upon the change in
Contractor's Services.
UNKNOWN CONDITIONS: If in the performance of Contractor's Services, Contractor finds latent, concealed or subsurface
physical conditions which differ from the conditions Contractor reasonably anticipated, or if physical conditions are
materially different from those normally encountered and generally recognized as inherent in the kind of work provided for
in this Contract, then the Contract Price and/or the Schedule of Contractor's Services may be equitably adjusted by mutual
agreement by the Contractor and the City with the execution of a Change Order to the Contract within reasonable time
after the conditions are first observed.
CHANGES IN THE WORK: The City, without invalidating the Contract, may order extra work or make changes by altering,
adding to or deducting from the work, the Contract sum being adjusted accordingly. Such work shall be executed under the
Page 10 of 29
Request for Quote No. 2026-14