1-IFB-26-008 Backflow Survey Maintenance Installation.pdf

IFB 26-008

[Version July 2025]

INVITATION FOR BIDS

BID NO: IFB-26-008

BID TITLE: BACKFLOW SURVEY AND

INSPECTION, MAINTENANCE AND

INSTALLATION SERVICES

PROCUREMENT DEPARTMENT

http://www.tohowater.com

Procurement@tohowater.com

951 MARTIN LUTHER KING BLVD.

KISIMMEE, FLORIDA 34741

SOLICITATION SCHEDULE

(Times and Dates Subject to Change by Addenda)

Event Date Time Question Deadline Monday, February 09, 2026 5:00 PM

Bid Due Date Thursday, February 26, 2026 2:00 PM

SUBMIT BID TO: https://tohowater.bonfirehub.com

NOTICE OF ELECTRONIC BID SUBMITTAL REQUIREMENT

Toho Water Authority issues its solicitations electronically through its contracted vendor, Bonfire.

Bidders shall not be permitted to hand-deliver, mail, telephone, fax, or email responses. Bids that are either received after the above-noted Submittal Deadline or transmitted outside of the designated Bonfire online portal will be rejected. If you have obtained this solicitation from a source other than Bonfire, you will not be listed on the document takers list and may not receive notification of any Addenda(s) issued. Failure to receive any issued Addenda shall not relieve the Bidder from any obligation(s) contained in the Addenda.

To access Toho Water Authority’s solicitations, any resulting Addenda, or Bid results, please go to: https://Tohowater.bonfirehub.com. Any prospective Bidder requiring assistance with registering with Bonfire is directed to send an email to: Support@GoBonfire.com or to visit Bonfire’s online help forum at https://vendorsupport.gobonfire.com/hc/en-us.

SOLICITATION POINT OF CONTACT

Name: Brian Grover Email: Procurement@tohowater.com Title: Procurement Coordinator I Phone: (407)-473-3812 mailto:procurement@tohowater.com https://tohowater.bonfirehub.com/ https://tohowater.bonfirehub.com/ mailto:Support@GoBonfire.com https://vendorsupport.gobonfire.com/hc/en-us

[Version July 2025]

IFB-26-008

TABLE OF CONTENTS

SECTION 1 GENERAL INFORMATION AND INSTRUCTIONS

SECTION 2 GENERAL CONDITIONS

SECTION 3 FLORIDA VENDOR ELIGIBILITY REQUIREMENTS

SECTION 4 TECHNICAL SPECIFICATIONS OR SCOPE OF SERVICES

SECTION 5 BID FORMS

• Addenda Acknowledgment Form

• Bid Price Form

• Authorized Signature Form

• Bidder’s Reference List

SECTION 6 SPECIAL TERMS AND CONDITIONS

SECTION 7 ATTACHMENTS

ATTACHMENT A AFFIDAVIT OF NON-COLLUSIONS AND OF NON-INTEREST OF

TOHO EMPLOYEES

ATTACHMENT B E-VERIFY USE AND REGISTRATION CERTIFICATION

ATTACHMENT C FLORIDA BID BOND

ATTACHMENT D DRUG FREE WORKPLACE COMPLIANCE FORM

ATTACHMENT E ANTI-HUMAN TRAFFICKING AFFIDAVIT

ATTACHMENT F SAMPLE AGREEMENT

ATTACHMENT G BACKFLOW SCENARIOS

ATTACHMENT H HOSE BIB TEE DESCRIPTION

Section 7: ATTACHMENTS

Bidders are hereby advised that they must complete the attachments found in Section 7 and submit them as part of their Bid.

A Affidavit of Non-Collusion and Non-Interest of Toho Employees B E-Verify Use and Registration Certification C Bid Bond or Cashier’s Check (If applicable) D Drug Free Workplace Compliance Form E Anti-Human Trafficking Affidavit

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STATEMENT OF “NO BID”

IMPORTANT NOTICE TO CONTRACTORS/SUPPLIERS: Your feedback is important to

us. If you do not intend to submit a Bid, please return this Statement of “No Bid” noting your reason below and email it to Procurement@tohowater.com You may also mail it to this address:

TOHO WATER AUTHORITY

KISIMMEE, FLORIDA 34741

Bid Number: __________________________________________________________________

Title: ________________________________________________________________________

If you elect not to submit a bid/proposal, please indicate the reason below:

We do not offer this product/service or an equivalent.

Our schedule would not permit us to perform.

Insufficient time or resources to respond to solicitation.

Unable to meet specifications.

Specifications are not clear.

Unable to meet bond and/or insurance requirements.

Specifications “too tight”/restrictive (i.e., geared to specific brand or manufacturer)

Subcontractor (submitted bid to General Contractor)

Other (please explain): _____________________________________________

Signature: _______________________________________ Date: ________________________

Name: _________________________________________ Title: _________________________

Company: ____________________________________________________________________

Address: _____________________________________________________________________

Telephone: __________________ E-Mail: __________________________________________ mailto:Procurement@tohowater.com

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SECTION 1

GENERAL INFORMATION AND INSTRUCTIONS

Tohopekaliga Water Authority (“Toho”), an independent special district established pursuant to Chapter 189, Florida Statutes, by special act of the Florida Legislature, hereby issues this Invitation for Bids (“IFB”) from qualified firms to provide survey, inspection, maintenance, new installations, install replacements and field test backflow assemblies where applicable. These instructions are standard for all contracts for commodities or services issued through the Tohopekaliga Water Authority (the "Toho") Procurement Services Department. However, Toho may delete, supersede, or modify any of these standard instructions for a particular contract by indicating such change in the Special Conditions, Technical Requirements, Instructions, Proposal Pages, Addenda, and/or Legal Advertisement.

1.1 INTRODUCTION: Toho is the largest provider of water, wastewater, and reclaimed water services in Osceola County, Florida, and provides such services to portions of Orange and Polk counties as well. Our promise is “Our Customers, Our Community, Our Employees Trust that Toho Cares” and our priorities are providing safe and reliable services, protecting the environment, delivering value, and investing in the future. Bidders can familiarize themselves with our agency at www.tohowater.com.

1.2 BID OVERVIEW AND BACKGROUND: Toho has been actively participating in a Cross-Connection Control and Backflow Prevention Program (which can be viewed by clicking the following link: https://www.tohowater.com/our-water/cross-connection-control-program). The program is designed to protect the public by establishing standards based upon state regulatory requirements. When these standards are enforced and communicated to customers, Toho promotes the elimination of existing or controls the potential of new cross-connections, which could create backflow conditions. The program also sets standards for backflow prevention assembly installations, inspections, maintenance, and testing that will systematically and effectively prevent contamination or pollution of Toho’s potable water supply systems.

Toho is soliciting sealed competitive bids from qualified Contractors for the Cross- Connection Control and Backflow Prevention Program in pursuit of residential customer compliance with FDEP regulations, requirements and Toho standards. The awarded Contractor(s) shall perform survey, inspection, maintenance, new installations, install replacements and field test backflow assemblies where applicable. Toho intends to award these services to one or more contractors.

1.3 USE OF TOHO FORMS AND TERMS AND CONDITIONS: Bids must be submitted on forms provided by Toho and only through the official portal https://Tohowater.bonfirehub.com. Bids submitted through Bonfire remain electronically sealed and are not visible to Toho or other Bidders until after the Bid is closed. Bidder must fill in all blank spaces on the Bid Price Form. No changes shall be made to the wording or format of the forms. In case of a discrepancy between unit prices and extended totals, unit prices shall prevail.

No addition or deletion of the terms or conditions included with the Bid response shall be evaluated or considered and any and all such revisions shall have no force or effect and are http://www.tohowater.com/

[Version July 2025] inapplicable to this Bid. No submission by the Bidder, whether purposely or inadvertently in any transmittal letters, specifications, literature, price lists or warranties may constitute a revision to these instructions. It is understood and agreed that the instructions and the general and special conditions in this Bid solicitation are the only conditions applicable to this Bid and Bidder’s authorized signature affixed to the Bid response constitutes acknowledgment of this fact.

1.4 ADDITIONAL INFORMATION REQUIREMENTS: Prior to a recommendation for award, Toho will require the apparent low Bidder(s) to demonstrate qualifications to furnish the specified goods and/or services under the Contract. Bidders must be prepared to submit written information requested by Toho within five (5) business days of a request.

Toho may review Bidder’s prior experience, references and previous contracts for similar goods and/or services. In addition, Toho may request the Bidder’s: three (3) most recent years of audited financial statements; unaudited financial statements if audited statements are not available; Balance Sheets; Income Statements; Statements of Cash Flows; or other documents approved by Toho which establish the financial health of the Bidder. Financial statements provided to Toho should be prepared in accordance with US Generally Accepted Accounting Principles (GAAP). As an alternative method of providing financial assurance of the Bidder’s ability to perform, Toho may consider a letter of credit issued by an acceptable surety in an amount sufficient to secure the Bidder’s completion of the work.

1.5 NO BID RESPONSE: Vendors electing not to submit a Bid in response to this solicitation are requested to complete the “No Bid” Response form to provide feedback.

1.6 ACCEPTANCE AND RIGHT OF REJECTION: Bidder warrants, by virtue of bidding, that the Bid and the prices quoted in its Bid will be firm for acceptance by Toho for a period of ninety (90) days from the date of Bid opening unless otherwise stated in the solicitation.

Toho reserves the right to reject all bids.

1.7 LATE BID & MODIFICATION OF BID: Vendors may only modify their Bid prior to the date and time specified for the bid opening. All modifications must be completed within Bonfire.

1.8 WITHDRAWAL OF BID: A Bidder may request withdrawal of a Bid under the following circumstances:

a. Bid may be withdrawn through the Bonfire portal by the Bidder prior to the time of acceptance.

b. Requests for withdrawal of Bid after opening of such Bid, but prior to award shall be transmitted to Toho’s Procurement Services Department, in writing, accompanied by full documentation supporting the request. If the request is based on a claim of error, documentation must show the basis of error. Such documentation may take the form of supplier quotations, vendor work sheets, etc.

c. Bid shall not be withdrawn after the award of a contract or issuance of a purchase order.

No plea or claim of mistake in the solicitation or resulting contract or purchase order shall be available as a defense in any legal proceeding brought upon a contract or purchase order awarded to a Bidder as a result of the breach or nonperformance of such contract or purchase order.

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1.9 BID DOCUMENTS NECESSARY FOR SUBMITTAL: The Bid Price Form, all documents listed in the “Requested Document” section in the Bonfire portal and an electronic copy of bid security (if applicable) shall be included with electronic submittal of the Bid. The original bid security (if applicable) must be delivered via mail, courier (UPS, FedEx, etc.) or in-person. Make sure to prepare the documents in the file formats (Excel, PDF, etc.) listed under the Requested Information section for this opportunity in the Bonfire Portal. The following documents, together, comprise a responsive Bid.

• Addenda Acknowledgment Form

• Bid Price Form

• Authorized Signature Form

• Bidder’s Reference List

• Affidavit of Non-Collusion/Non-Interest of Toho Employees

• E-Verify Use ad Registration Certification

• Bid Bond or Cashier’s Check (copy) (If applicable)

• Drug Free Workplace Form

• Anti-Human Trafficking Affidavit

Failure to disclose requested references, terminations, or safety incidents may result in Bidder being disqualified from bidding. Omission of, or failure to complete, any portion of the required documents at the time of the Bid opening may be cause for rejection of the entire bid.

1.10 SUBMITTAL REQUIREMENTS: Bids must be submitted electronically via Toho’s e-procurement portal at https://Tohowater.bonfirehub.com. To submit responses electronically Bidders must register with Bonfire and follow the instructions in the portal.

Minimum system requirements: Microsoft Edge, Google Chrome, Safari, or Mozilla Firefox. JavaScript and browser cookies must be enabled. Maximum upload file size is 1000 MB. Documents should not be embedded within uploaded files as the embedded files will not be accessible. Bidders will have the ability to modify their submissions up to the Submission Deadline in Bonfire. Submissions must be uploaded, submitted, and finalized prior to the Bid Due Date and Time listed on the Cover Sheet of this Bid. It is strongly recommended that Bidders give themselves sufficient time and at least ONE (1) day before the Bid Due Date/Time to begin the uploading process and finalize submissions. Toho is not responsible for any technical problems with the electronic transmission and/or delay in receipt due to technical problems. Such electronic transmittal errors will not alter or effect the deadline date and time for receipt of Responses. If you require assistance, please contact Bonfire at Support@GoBonfire.com.

1.11 MULTIPLE BIDS PROHIBITED: Only one Bid from any individual, firm, partnership, or corporation, under the same or different names, shall be considered. Should it appear to Toho that any Bidder has an interest in more than one Bid for the goods and/or services under the Contract, all Bids in which such Bidder has an interest shall be rejected.

mailto:Support@GoBonfire.com

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1.12 PRICING:

a. Prices should be stated in units of quantity as specified in the Bid form.

b. When applicable, life cycle cost analysis may be considered when determining the lowest responsive and responsible Bid. This analysis may consider, in addition to purchase price, operating and related costs over the life of the item including maintenance, downtime, energy costs, salvage value, etc.

c. All prices quoted must reflect delivered cost, which includes all packing, handling, shipping charges, taxes, discounts, and delivery to Toho.

d. It is understood and agreed that all items offered or shipped as a result of this Bid shall be new, current, standard model available at the time of the Bid.

e. All containers shall be suitable for storage or shipment and all prices shall include standard commercial packing.

1.13 PRE-BID CONFERENCE AND INQUIRIES: A Pre-Bid Conference will not be held for this solicitation. To ask questions concerning this Bid solicitation process, required submittals, evaluation criteria, Bid Price Form, selection process or any other matter regarding this procurement bidders must register with Toho’s e-procurement portal at https://tohowater.bonfirehub.com and initiate the questions electronically through the Vendor Discussions feature. Toho will accept additional written inquiries via the Vendor Discussion feature in Bonfire until the close of business on the date shown on the cover sheet of this Bid. If additional information is provided, it will be provided to all Bidders via a written addendum through https://tohowater.bonfirehub.com.

1.14 PUBLIC BID OPENING: At the time fixed for the opening of responses to a Bid, all Bids will be electronically unsealed, and the names of the Bidders and the amount shall be read aloud and made readily available to the public.

Join by using the following meeting link:

https://teams.microsoft.com/l/meetup-join/19%3ameeting_OGY3YWMzMjEtOGRjNi00M2JjLTkyNzAtMzc4NThkYWJlYTNk %40thread.v2/0?context=%7b%22Tid%22%3a%2258393785-b5ab-45f6-9f23- 0c44b1c20aa2%22%2c%22Oid%22%3a%222171abd6-d665-439e-a7aa- 04d0117fed76%22%7d

Meeting ID: 219 200 025 995 Passcode: cPzUbM

Dial in by phone.

+1 872-256-3959 United States, Chicago Phone conference ID: 509 407 264#

1.15 TIE BIDS: A Drug Free Workplace Statement must be completed, signed, and returned prior to the award of Bid. This form will be used whenever two or more Bids that are identical with respect to price, quality, delivery, and service are received; a Bid received from a business that certifies that it has implemented a drug-free workplace program aligning with all the criteria shall be given preference in the award process.

1.16 TAX EXEMPTION: Toho is exempt from Federal excise and State sales taxes. Tax exemption number is 85-8012897680C-2 and is also stipulated on Toho Purchase Orders.

https://tohowater.bonfirehub.com/ https://tohowater.bonfirehub.com/ https://teams.microsoft.com/l/meetup-join/19%3ameeting_OGY3YWMzMjEtOGRjNi00M2JjLTkyNzAtMzc4NThkYWJlYTNk%40thread.v2/0?context=%7b%22Tid%22%3a%2258393785-b5ab-45f6-9f23-0c44b1c20aa2%22%2c%22Oid%22%3a%222171abd6-d665-439e-a7aa-04d0117fed76%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_OGY3YWMzMjEtOGRjNi00M2JjLTkyNzAtMzc4NThkYWJlYTNk%40thread.v2/0?context=%7b%22Tid%22%3a%2258393785-b5ab-45f6-9f23-0c44b1c20aa2%22%2c%22Oid%22%3a%222171abd6-d665-439e-a7aa-04d0117fed76%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_OGY3YWMzMjEtOGRjNi00M2JjLTkyNzAtMzc4NThkYWJlYTNk%40thread.v2/0?context=%7b%22Tid%22%3a%2258393785-b5ab-45f6-9f23-0c44b1c20aa2%22%2c%22Oid%22%3a%222171abd6-d665-439e-a7aa-04d0117fed76%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_OGY3YWMzMjEtOGRjNi00M2JjLTkyNzAtMzc4NThkYWJlYTNk%40thread.v2/0?context=%7b%22Tid%22%3a%2258393785-b5ab-45f6-9f23-0c44b1c20aa2%22%2c%22Oid%22%3a%222171abd6-d665-439e-a7aa-04d0117fed76%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_OGY3YWMzMjEtOGRjNi00M2JjLTkyNzAtMzc4NThkYWJlYTNk%40thread.v2/0?context=%7b%22Tid%22%3a%2258393785-b5ab-45f6-9f23-0c44b1c20aa2%22%2c%22Oid%22%3a%222171abd6-d665-439e-a7aa-04d0117fed76%22%7d tel:+18722563959,,509407264

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The Vendor shall pay all applicable sales, consumer, use and other similar taxes required by law. The Vendor is responsible for reviewing the pertinent state statutes involving the sales tax and complying with all requirements.

1.17 COMMUNICATIONS/DESIGNATED CONTACT: Toho is committed to a fair, open process for interested parties to receive information about the Bid and/or award of the Contract. All questions concerning this Bid and/or the procurement process must be directed electronically through Bonfire on the Vendor Discussion page. No Bidder shall initiate or otherwise have contact related to the IFB with a Toho representative, officer, or employee, other than with the Procurement Services Department. Any contact initiated by a Bidder with any Toho representative, officer, or employee other than through the Procurement Services Department, concerning this solicitation is prohibited and may cause the disqualification of the Bidder from this procurement process.

1.18 LICENSES, PERMITS, AND FEES: All Bids submitted shall have included a list of any business and professional licenses, permits, or fees required by Toho.

1.19 ADDENDA: Toho reserves the right to revise or amend this Invitation for Bids (“IFB”).

Such revisions and amendments, if any, shall be announced by Addenda to this IFB and posted via Toho’s online provider, Bonfire.

1.20 WAIVER OF MINOR IRREGULARITIES OR ERRORS: Toho reserves the right to either (1) waive any minor irregularities or clerical errors which are not material to the IFB, or which do not prejudice other Bidders; or (2) to reject any and all Bids submitted or (3) determine Bid responsiveness. Conditional Bids or those which take exception to any provision of the IFB may be considered non-responsive and may be rejected.

1.21 AWARD: Toho will award the Contract included herein to the lowest responsive, responsible Bidder deemed most qualified to provide the specified goods and/or services under the Contract included herein. Prior to award, the successful bidder must be registered to do business in the State of Florida. Information regarding registration can be found at the Florida Department of State, Division of Corporations website at http://dos.myflorida.com/sunbiz.

Notification of Toho’s award resulting from this solicitation will be posted through Bonfire at https://tohowater.bonfirehub.com. and accessible via link on Toho’s website.

Bidders are hereby notified that Section 287.05701, Florida Statutes, requires that Toho may not request documentation of or consider a vendor's social, political, or ideological interests when determining if the vendor is a responsible vendor.

http://dos.myflorida.com/sunbiz

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SECTION 2

GENERAL CONDITIONS

BIDDER’S ACKNOWLEDGEMENTS

1. EXPENSES

Toho accepts no responsibility for any expenses incurred in the Bidders’ preparation of the Bids; such expenses are to be borne exclusively by the Bidders. All costs and expenses incurred by a Bidder, or any person working on behalf of a Bidder, in connection with the IFB, including the preparation and submission of a Bid, providing additional information, attendance at meetings, and any other actions taken by a Bidder in response to the IFB shall be the sole responsibility of the Bidder. Toho and its agents, officers and directors shall have no responsibility or liability for any costs, damages or expenses incurred by Bidder, team members or any other person as a result of this IFB.

2. INTERPRETATION

By submitting a Bid, Bidders acknowledge that Toho is the interpreter of these Goods and/or Services Contract Documents.

3. PUBLIC RECORDS

3.1. Each Bidder, by submitting a Bid, acknowledges Toho’s legal obligation in accordance with Chapter 119 of the Florida Statutes, to respond to all public records requests in a timely manner and expressly waives any right to contest, impede, prevent or delay such disclosure, or to initiate any proceeding that may have the effect of impeding, preventing or delaying such disclosure, unless the Bidder establishes its right to a public records exception. It is the responsibility of the Bidder alone to establish its right to any such exception. Under no circumstances will Toho be responsible or liable to a Bidder or any other party as a result of disclosing any such information or materials.

3.2. Each Bidder may clearly mark each page of the Bid that contains trade secrets or other confidential commercial or financial information which the Bidder believes should not be disclosed outside of Toho. Disclosure of requested information will be determined in accordance with Florida laws, rules, and regulations. Bidders are informed that Toho is subject to the Florida Public Records and Sunshine Laws.

3.3. Each Bidder, by submitting a bid acknowledges and agrees that if awarded a contract as a result of this Bid the following conditions will be made a part of the contract.

a. Contractor must keep and maintain all public records required by Toho in order to perform services under this Contract.

b. Upon request from Toho’s custodian of public records, Contractor shall provide Toho with a copy of the requested public records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provide in Chapter 119, Florida Statutes, or as otherwise provided by law.

c. Contractor shall ensure that public 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 following completion of the contract if the Contractor does not transfer the records to Toho.

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d. Upon completion of the contract, Contractor shall transfer, at no cost, to Toho all public records in the possession of the Contractor or keep and maintain public records required by Toho to perform the service under this contract. If the Contractor transfers all public records to Toho 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 completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to Toho, upon request from Toho’s custodian of public records, in a format that is compatible with the information technology systems of Toho.

3.4. Each BIDDER, by submitting a bid further understands that if awarded a contract, the following instructions will apply throughout the life of the contract.

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 TOHO’S

CUSTODIAN OF PUBLIC RECORDS AT THE FOLLOWING:

RECORDS RETENTION

KISSIMMEE, FLORIDA 34741

PUBLICRECORDSREQUEST@TOHOWATER.COM

(407) 483-3822

4. CONTRACT FORM AND ACCEPTANCE

The Bidder has familiarized itself with the nature and extent of the Contract Forms included herein, the sites, the localities and all local conditions and laws and regulations that may in any manner affect cost, schedule, progress, performance or furnishing of the goods and/or services under the Contract included herein. Bidder accepts the terms and conditions of the Contract.

The Bidder proposes and agrees that if this Bid is accepted it shall enter into a contract with Toho in the form included herein as the Contract and perform and furnish all goods and/or services under the Contract for the Contract price, within the Contract time, and in accordance with the other terms and conditions of the Contract included herein.

5. CONTRACT EXECUTION, INSURANCE FORMS, AND BONDS

The Successful Bidder agrees that, upon receipt of the Notice of Award, it shall execute and deliver to Toho two (2) copies of the Contract, the required Certificates of Insurance, and the Florida Performance Bond and the Florida Payment Bond, (if applicable) all of which are included herein, within 15 business days of receipt of the Notice of Award. No work can begin, or goods delivered prior to Toho’s receipt and approval of the insurance and bond forms.

6. PROVISION FOR OTHER AGENCIES

mailto:PUBLICRECORDSREQUEST@TOHOWATER.COM

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Unless otherwise stipulated by the Bidder, the Bidder agrees to make available to all Government agencies, departments, and municipalities the Bid prices submitted in accordance with said Bid terms and conditions therein, should any said governmental entity desire to buy under this proposal. Eligible Users shall mean all state of Florida agencies, the legislative and judicial branches, political subdivisions (counties, local district school boards, community colleges, municipalities, or other public agencies or authorities), which may desire to purchase under the terms and conditions of the contract. Toho shall not be liable for the obligations of any other agency which uses this contract under this provision.

7. BID BOND (OMITTED)

8. STATEMENT OF NON-COLLUSION

The undersigned, hereinafter called the Bidder, declares that the only person(s) or party(s) interested in this Bid are those named herein, that this Bid is, in all respects, fair and without fraud, that it is made without collusion with any official of Toho and that the Bid is made without any connection or collusion with any person submitting another Bid on the Contract included herein.

9. CONSUMPTION ESTIMATES

The quantities appearing in the Bid Price Form are based on historical usage and Toho’s anticipated needs at the time of the solicitation. However, since changes can occur, they should be considered approximate and are intended for the solicitation of bids. Payment to the Successful Bidder will be made only for the actual quantities of items furnished in accordance with the bid and it is understood that the scheduled quantities of items to be furnished may be increased, decreased, or omitted without in any way invalidating bid prices.

10. MAXIMUM DELIVERY TIME (OMITTED)

11. F.O.B. DESTINATION – FREIGHT PRE-PAID (OMITTED)

12. SIMILAR SERVICES

The Bidder acknowledges and agrees that the separate prices on the Bid Price Form, where they are applicable and deemed acceptable by Toho, will be used by Toho and the Bidder, if awarded the Contract included herein, whenever similar service is added to the Contract.

13. FORCE MAJEURE

The Successful Bidder shall be excused from performance hereunder during the time and to the extent that it is prevented from obtaining, delivering or performing in the customary manner, by acts of God, declared disaster, fire, loss or shortage of transportation facilities, lockout or commandeering of raw materials, products, plants or facilities by the government.

The Successful Bidder shall provide Owner satisfactory evidence that non-performance is due to cause other than fault or negligence on its part.

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14. NEW PRODUCT(S)

The Successful Bidder shall guarantee that the product(s) provided under this contract shall be new and shall be of first quality as to the raw materials and methods of manufacture used for said product(s). If circumstances arise causing the Successful Bidder to offer reconditioned, used, or refurbished products, the Successful Bidder must first obtain permission in writing from Toho and shall resume providing new products at the earliest possible time.

15. VENDOR’S STOCK

The Successful Bidder shall agree to hold or maintain access to adequate stock of any item awarded in this Bid. The lead time(s) for such stock shall not exceed the lead time or maximum delivery time period(s) as specified in this bid. Should the product not be available, Toho reserves the right to procure products from another source and charge any additional costs for such procurement including expedited shipping to the Successful Bidder.

16. WARRANTY

The Successful Bidder shall guarantee that all products supplied shall meet specifications upon delivery and be free from defects in material, composition, or performance for a period of one-year after acceptance by Toho, or the manufacturer’s standard warranty period, whichever is greater. Acceptance shall be defined as 30 days after delivery or as specifically defined elsewhere in this document (Section 4.12) whichever is greater. Successful Bidder shall bear all costs to replace goods, their spare parts, or components in full and/or repair defects within this timeframe, including transportation of goods to and from a designated repair facility and shipping costs of replacement parts.

17. SPECIAL CONDITIONS

Any and all Special Conditions contained in this IFB that may be in variance or conflict with these General Conditions shall have precedence over these General Conditions, except as otherwise provided. If no changes or deletions to the General Conditions are made in the Special Conditions, then the General Conditions shall prevail in their entirety.

18. OWNER’S RIGHTS

Toho reserves the right to reject any and all Bids, to waive any and all minor irregularities and technicalities, to negotiate terms with the successful Bidder, and reserves the right to disregard all nonconforming, non-responsive or conditional Bids and to re-solicit Bids, as maybe deemed to be in the best interests of Toho. Toho further reserves the right to delete line items from consideration. The decision made by Toho in selection of the successful Bidder and award of the Contract included herein will be final. Toho reserves the right, in its sole and absolute discretion, to:

a. Amend, suspend, or terminate this IFB;

b. Revise and modify, at any time prior to the Bid due date, factors it will consider in evaluating Bids and to otherwise revise its evaluation methodology;

c. Seek additional relevant information and clarification regarding any Bidder’s qualifications to perform the work and to determine whether a Bid is deemed responsive and responsible based on that information;

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d. Extend dates, time periods or deadlines in this IFB;

e. Reject any and all Bids in whole or in part which are non-conforming, non-responsive, or conditional Bids;

f. Waive minor deficiencies, informalities, irregularities, or defects in a Bid;

g. Suspend and/or terminate this procurement process at any time;

h. Reissue the same IFB or a different IFB for this project;

i. Hold meetings and conduct discussions and issue correspondence with one or more of the

Bidders to seek an improved understanding and evaluation of the Bids;

j. Use assistance of outside advisors (e.g., technical, financial, procurement and legal advisors) in the evaluation process;

k. Accept Bids that in its judgment will be in the best interest of Toho;

l. Suspend, discontinue, and/or terminate Contract negotiations with any Bidder at any time prior to the actual authorized execution of such Contract by all parties; and/or

m. Exercise all rights available to it under this IFB and other provisions of applicable Florida law pertaining to this IFB without incurring any liability for costs, expenses or damages of any nature whatsoever suffered or incurred by any Bidder, team member or any other person.

19. DISQUALIFICATION

Without limiting the foregoing, Toho may disqualify and reject any Bidder (including its sub-consultants, affiliates, partners, and parent organizations) that:

a. Fails to include information in its Bid required by this IFB;

b. Engages in conduct prohibited by this IFB;

c. Fails to obtain Toho’s consent for any action when required by this IFB;

d. Is involved in pending litigation concerning Toho or its Member Governments;

e. Submits false or misleading information in its Bid;

f. Has a conflict of interest;

g. Fails to disclose any information which, if disclosed, would materially adversely affect

Toho’s evaluation of the Bid; or

h. Otherwise fails to comply with or breaches any material requirement of this IFB.

20. NON-BINDING

The issuance of this IFB does not bind or obligate Toho to enter into a Contract with any person or legal entity, nor does the IFB constitute an offer to enter into a Contract with any person or entity. Toho and its agents and representatives are not liable for any delays, interruptions, failure, or irregularities in sending or receipt of any communications or submissions, or for the loss, misdirection, or corruption of any such communication by Bidder with the agency. Bidder is solely responsible for meeting all deadlines and submission requirements of this IFB.

21. INITIAL TERM

The initial term of this contract shall be from date of execution through Apil 29, 2028.

22. CONTRACT RENEWAL

Toho reserves the right to renew the contract for two additional one-year period(s) from its expiration date. Renewal shall be contingent upon agreement by both parties to the same terms

[Version July 2025] and conditions of the contract. Toho reserves the right to terminate the Contract per Section 7 of the General Contract Conditions.

23. SUPPLEMENTAL CONTRACT EXTENSION PERIOD

Toho has the option and reserves the right to unilaterally extend the original contract term or any renewal term for up to ninety (90) days period, at the same terms and conditions. Notice of Toho’s intent to extend, shall be provided in writing to the Awardee thirty (30) days prior to the expiration of the contract, or the renewal period if the contract has been previously renewed.

24. PRICE ESCALATION/DE-ESCALATION (OMITTED)

25. NON-APPROPRIATION OF FUNDS

In the event no funds or insufficient funds are appropriated for expenditures under this award, Toho will notify the Awardee in writing of such occurrence and the award shall terminate without penalty or expense to Toho on the last day of the fiscal year in which sufficient funds have been appropriated.

SECTION 3

FLORIDA VENDOR ELIGIBILITY REQUIREMENTS

26. E-VERIFICATION

This Contract is subject to the requirements found in Section 448.095(5), Florida Statutes. By executing this Contract, Contractor hereby certifies that it is registered with the United States Department of Homeland Security’s E-Verify system to verify the work authorization status of all new employees of Contractor and hereby acknowledges the responsibilities and obligations of both the Contractor and Toho under Section 448.095(5), Florida Statutes, which includes without limitation the right of Toho to unilaterally and immediately terminate this Contract for Contractor’s failure to comply with such provision of Florida Law and to thereafter impose upon Contractor any additional costs incurred by Toho as a result of such termination.

27. PUBLIC ENTITY CRIMES

Contractor hereby represents, warrants, and certifies that: neither Contractor, nor one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of Contractor, nor any affiliate of the entity, has been charged with and convicted of public entity crime subsequent to July 1, 1989; Contractor has not been placed on any convicted vendor list by the State of Florida and that it will not utilize any funding provided pursuant to this Contract to subcontract with any vendor that has been placed on any such convicted vendor list; and Contractor has read and reviewed the provisions, requirements, and prohibitions of Florida’s Public Entity Crime Act, Section 287.133, Florida Statutes, and hereby affirms its compliance therewith. For the purposes of this provision, the terms “public entity crime”, “convicted”, and “affiliate” shall be as defined in Section 287.133, Florida Statutes.

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28. SCRUTINIZED COMPANIES

a. Contractor hereby represents, warrants, and certifies that: Contractor is not on Florida’s “Scrutinized Companies that Boycott Israel List”, created pursuant to Section 215.4725, Florida Statutes, nor is it engaged in a boycott of Israel; and Contractor has read and reviewed the provisions, requirements, and prohibitions of Florida’s prohibition against contracting with scrutinized companies, as found in Section 287.135, Florida Statutes, and hereby affirms its compliance therewith.

b. If the Contract Amount meets or exceeds $1,000,000, then Contractor hereby additionally represents, warrants, and certifies that Contractor is not on the “Scrutinized Companies with Activities in Sudan List” or the “Scrutinized Companies with Activities in the Iran Terrorism Sectors List”, created pursuant to Section 215.473, Florida Statutes, and Contractor is not engaged in business operations in Cuba or Syria.

c. In accordance with Section 218.135, Florida Statutes, if any of the above certifications are found to have been false, if Contractor is later placed on any of the lists referenced in this Article, or if Contractor becomes engaged in business operations in Cuba or Syria or any boycott of Israel, Toho shall have the option to terminate this Contract and shall have the right to, notwithstanding anything to the contrary in this Contract, pursue all remedies available to it in equity and at law.

29. DISCRIMINATORY VENDORS

Contractor hereby represents, warrants, and certifies that entering into this Contract will not violate Subsection 287.134, Florida Statutes, which provides that an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity.

30. ANTI-TRUST VIOLATORS

Contractor hereby represents, warrants, and certifies that entering into this Contract will not violate Section 287.137, Florida Statutes, which provides that a person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply for any new contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply for a new contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on new leases of real property to a public entity;

may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a new contract with a public entity; and may not transact new business with a public entity.

31. COUNTRIES OF FOREIGN CONCERN

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Contractor hereby represents, warrants, and certifies that entering into this Contract will not violate Section 287.138, Florida Statutes, which provides that Toho may not enter into a contract with an entity that gives access to an individual’s personal identifying information if the entity is owned, controlled, or organized under the laws of a Foreign Country of Concern which includes: the People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolas Maduro, the Syrian Arab Republic, or any other entity or agency under the significant control of such Foreign Country of Concern.

32. COMMON CARRIER

If Contractor meets the definition of “Common Carrier” under Section 908.111, Florida Statutes, then Contractor shall execute an attestation in conformity with Section 92.525, Florida Statutes, that the common carrier or contracted carrier is not willfully providing and will not willfully provide any service during the contract term in furtherance of transporting a person into the State of Florida knowing that the person is an unauthorized alien, except to facilitate the detention, removal, or departure of the person from this state or the United States.

Such attestation must be provided to Toho prior to commencement of this Contract. In accordance with Section 908.111, Florida Statutes, Toho may terminate this Contract for cause if Contractor is found to be in violation of this provision or its attestation.

33. ANTI-HUMAN TRAFFICKING

Contractor hereby represents, warrants, and certifies that Contractor does not use coercion for labor or services as defined in Section 787.06, Florida Statutes and that Contractor has provided the affidavit attached hereto as Attachment E to Toho.

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SECTION 4

TECHNICAL SPECIFICATIONS OR SCOPE OF SERVICES

The Contractor shall provide personnel, parts, and equipment as outlined in this Scope of Services to assist in the Toho Cross-Connection Control Program. The Contractor shall conduct inspection, surveying, testing, repair, installation and/or replacement of backflow prevention assemblies where appropriate. As part of the installation procedure, a passing test report shall be included. The Contractor shall document the inspection and testing information on the Toho Backflow Prevention Assembly Test Form provided on Toho’s Backflow Prevention portal. If awarded, the Contractor will be assigned a login by Toho staff to access the portal, where the Contractor shall complete and submit the Backflow Prevention Assembly Test Form.

The type and size of the backflow prevention assemblies may vary depending on the type and size of the residential connection. This contract will apply to all Toho’s residential water customers receiving potable water with potable irrigation, potable water with reclaimed irrigation, or potable water with an auxiliary water source on site, such as a well, lake, and/or fire lines on site that may or may not have an existing backflow prevention device or assembly at the water meter connection or property line. Toho will allow Wilkins lead free Model 975XL2, 950XLT2, 950XL3, Watts Model LF800M4, Ford HHS31, Ford EC-23 (Star DuC), Watts LF7 and Wilkins 700XL new devices for installation.

All Contractor personnel conducting repairs as needed under this contract shall have a current backflow repair and maintenance certification on file with Toho.

All Contractor unit costs shall include the parts (assemblies), administrative costs, insurance, fleet management and maintenance, customer relations assistance, data management, start-up costs, and any other costs associated with performing the technical services described herein.

Estimated quantities are given only as a guideline for preparing this bid and should not be construed as representing actual quantities of cross-connection control assemblies to be tested, repaired or installed under this contract.

All installation and replacements require successful testing by the Contractor at no additional cost.

The type of device shall be based on the Backflow Scenarios provided in Attachment G - Backflow Scenarios and Section 4.4.

4.1. TESTING

The service involves initial and on-going testing of backflow preventers on properties of Toho customers, including residential irrigation and potable water services that are required to have backflow prevention devices or assemblies. It also includes testing the device to obtain acceptable test results and reporting the results of testing to Toho`s Cross-Connection Control section within 48 hours of test using appropriate website, forms, etc.

4.2. REPLACEMENTS, NEW INSTALLATIONS AND INITIAL TESTING

The service involves physical installation, replacement and initial testing of backflow preventers on properties of Toho customers, including residential irrigation and potable water services that

[Version July 2025] are required to have backflow prevention devices or assemblies. It also includes testing the assembly to obtain acceptable test results and reporting the results of installation and testing to Toho Cross-Connection Control Program within 48 hours of the test using the Toho portal.

4.3. RESIDENTIAL DEGREE OF HAZARD (DOH) ASSESSMENTS/SITE SURVEYS

Toho currently has a gap of >15,000 customers which are not in the Toho Cross-Connection Control documentation system. These assessments will be utilized to document these customers and get them ingested into the annual compliance program. Toho will provide addresses and meter numbers where applicable.

This represents only a portion of the total number of devices in Toho’s system. The size of these devices varies depending on the application and parcel. These numbers are estimates and are not guaranteed. For residential customers, the Toho Cross-Connection Control staff will provide lists to the Contractor of areas and subdivisions and types of devices to be tested. Toho will group the work by geographic area (GIS Grid System) to facilitate testing and surveying to minimize travel.

4.4. REQUIREMENTS

The service shall include, but not be limited to, the following:

Providing installation, testing and repair of RP’s, PVB’s, DC’s and dual checks utilizing certified personnel in accordance with the American Water Works Association (AWWA) testing procedures as documented in the AWWA M14 Manual of Practice, Fifth Edition (2025).

The backflow assembly may range in size from 0.50 inches to 2 inches and must be Lead-free.

New residential installations shall be:

• Wilkins 975XL2, Reduced Pressure Assembly

• Wilkins 950XLT2, Double Check Assembly

• Wilkins 950XL3, Double Check Assembly

• Double DFW D1500 24” x 18” Box (Double Check Box) with overlapping lid

• Ford HHS31, EC-23, Watts LF7 or Wilkins 700XL Dual Check Device

Unrepairable assemblies, other than the below listed makes/models, shall be replaced with:

• Wilkins 975XL2, Reduced Pressure Assembly

• Watts LF800M4, Pressure Vacuum Breaker

• Wilkins 950XLT2, Double Check Assembly

• Wilkins 950XL3, Double Check Assembly

• Double DFW D1500 24” x 18” Box (Double Check Box) with Overlapping Lid.

• Ford HHS31, EC-23, Watts LF7 or Wilkins 700XL Dual Check Device

The Contractor shall take before and after digital photographs of the backflow assembly areas that clearly show and document its position relative to the water meter. These photographs shall be identified with the date taken, parcel address, and backflow device number and be supplied to Toho on a weekly basis. The photographs shall be in an electronic format agreeable to Toho.

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The technician shall initial and date door hangers notifying customers that a Toho-authorized Contractor was at their property on Toho business and the nature of the work that will be performed or was performed.

The Contractor shall provide adequate supervision and shall perform, on a weekly basis, internal quality control checks to assure that work is performed with integrity and responsibility. The Contractor shall submit this plan and schedule to the Toho Cross-Connection Control Program Coordinator prior to the start of testing.

The Contractor shall have adequate office/warehouse space to store parts, equipment, vehicles, and trained staff to perform these services.

The Contractor shall provide personnel with vehicles, fuel, computers, supplies, parts, equipment, backflow test kit, and necessary tools to accomplish the specified services listed herein.

The Contractor shall document the tools they intend to use on this contract, including test equipment, and a current certification of the test gauges as indicated in special terms and conditions.

The Contractor shall respond to all communications (e-mail, phone, calls, text messages, etc.)

within 12hours.

4.5. MANNER OF PERFORMANCE

The Contractor shall provide the parts, including piping and connectors, personnel labor, vehicles, fuel, test equipment, and administrative services to complete replacement and initial and ongoing testing, as needed. The prices quoted on the bid form shall include all parts, labor, overhead, and supplies, including travel time to the worksites.