IFB-26-024

[Version July 2025]

INVITATION FOR BIDS

BID NO: IFB-26-024

BID TITLE: WET WELL COATING SERVICES

ISSUE DATE – APRIL 6, 2026.

PROCUREMENT DEPARTMENT

http://www.Tohowater.com.org Procurement@tohowater.com

951 MARTIN LUTHER KING BLVD.

KISIMMEE, FLORIDA 34741

SOLICITATION SCHEDULE

(Times and Dates Subject to Change by Addenda) Event Date Time

Pre-Bid Conference N/A. N/A Question Deadline April 22, 2026 5:00 PM

Bid Due Date May 7, 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: Mursal Mzee Email: Procurement@tohowater.com Title: Procurement Coordinator Phone: (407) 473-2931 mailto:procurement@tohowater.com https://tohowater.bonfirehub.com/ https://tohowater.bonfirehub.com/ mailto:Support@GoBonfire.com https://vendorsupport.gobonfire.com/hc/en-us

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

SECTION 6 SPECIAL TERMS AND CONDITIONS

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

Section 5: BID FORMS

• Addenda Acknowledgment Form

• Bid Price Form

• Authorized Signature Form

• Bidder’s Reference List

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

• Exhibit A- Approved Wet Well Coating Manufacturers

• Exhibit B- Warranty for Coatings Required

[Version July 2025]

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

[Version July 2025]

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 Wet Well Coating services as per specification provided. 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 TOHO 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: The purpose of this solicitation is to solicit competitive sealed bids from experienced and reliable contractors for wet well-coating services for multiple lift stations on as needed basis. The awarded contractor will be required to remove and properly dispose of all materials, grease, sand, grit etc. Debris removed will be disposed of by the Contractor. Toho shall not provide a site for disposal of debris.

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 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 http://www.tohowater.com/

[Version July 2025] 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.

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

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

[Version July 2025]

• E-Verify Use and 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.

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: 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 mailto:Support@GoBonfire.com

[Version July 2025] 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.

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.

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

[Version July 2025]

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

[Version July 2025]

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.

[Version July 2025]

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

[Version July 2025]

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

Is not required with this solicitation

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 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

Refer to Section 4.4 – on Project completion time frame required.

11. F.O.B. DESTINATION – FREIGHT PRE-PAID

Successful bidder shall pay for all shipping and/or freight charges. The Successful Bidder shall file all claims and bear responsibility for the products from the point of origin all the way to Toho’s specified delivery location(s). Bid prices shall be inclusive of all shipping and freight charges, prepaid, and unloaded to location(s) specified in the bid documents. Actual delivery addresses are in the Technical Specifications section or shall be identified at time of order.

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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.

14. NEW PRODUCT(S)

The Successful Bidder shall guarantee that the products 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 and workmanship 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 20 days after delivery or as specifically defined elsewhere in this document (Refer to section 4.8 on warranty required). 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.

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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.

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.

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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 for three (3) from date of execution through July 31, 2029.

22. CONTRACT RENEWAL

Toho reserves the right to renew the contract for two (2) additional one-year period(s) from its expiration date. Renewal shall be contingent upon agreement by both parties to the same terms and conditions of the contract. Toho reserves the right to terminate the Contract per Section 2 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

Toho will allow a price escalation/de-escalation provision within this award. The original bid prices shall be firm for a one (1) year minimum period from the date of the contract execution. A price escalation/de-escalation will be allowed only once per calendar year. The Successful Bidder must notify Toho, in writing, of the pending price escalation/de-escalation a minimum of 30 days prior to the effective date of the price escalation/de-escalation. In the case of a price escalation/de-escalation, said notification shall include, the amount of the price escalation, and suitable proof such as documentation of the manufacturer’s price increase (or insert the appropriate index reference CPI, PPI, etc.). Increases will apply only to products and/or services affected by an increase in raw material, ingredient, labor, or another significant cost factor. The proof must substantiate the increase and be approved by the Purchasing Manager. The price increase shall not change the Awardee’s profit margin. Failure to comply with these instructions shall be grounds for disallowance of a price escalation as allowed herein.

The Successful Bidder agrees to monitor market indicators and ensure that if market prices have decreased for like factors above, affecting supply and demand, a price decrease is offered to Toho for the same period. Successful Bidder further agrees to provide a market evaluation to Toho once per calendar year as market conditions may dictate, but no later than 60 calendar days prior to each period expiration) to provide justification for a request for either an Escalation or a De- Escalation.

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.

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SECTION 3

FLORIDA VENDOR ELIGIBILITY REQUIREMENTS

1. 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.

2. 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.

3. 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.

4. 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.

5. ANTI-TRUST VIOLATORS

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.

6. COUNTRIES OF FOREIGN CONCERN

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.

7. 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.

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8. 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.

4.0 TECHNICAL SPECIFICATIONS OR SCOPE OF SERVICES

4.1 GENERAL SCOPE OF WORK

The Toho Water Authority (“Toho”) is soliciting sealed competitive bids from qualified Contractors to provide lift station wet well coating services in preparation for the rehabilitation and/or replacement of lift stations.

This solicitation will result in a multi-year contract to provide coating services for multiple lift station projects. Some projects may not yet be designed at the time of award. Toho anticipates rehabilitating or replacing approximately eight (8) to ten

(10) lift stations per year under this contract.

As projects are identified, Toho will issue a Purchase Order for the coating services required for one or more lift stations. Each project will be authorized through a separate Purchase Order issued under the resulting contract.

The coated area typically includes the wet well bottom, wall surfaces, and the underside of the top slab, excluding the hatch area and pipe penetrations. Typical wet well dimensions range from 6 to 12 feet in diameter and 15 to 27 feet in depth.

Payment for each wet well coating project will be calculated based on the unit price per square foot (SF) submitted in the bid multiplied by the actual square footage coated.

The unit price per square foot shall include all labor, materials, equipment, supervision, and incidentals necessary to complete the work, including but not limited to:

• Mobilization and demobilization

• Maintenance of Traffic (MOT), if required

• Removal of existing coatings

• Surface preparation in accordance with manufacturer requirements

• Minor leak repair

• Application of the coating system

• Testing by certified personnel

• Safety compliance

• Disposal of debris and wastewater at an approved disposal facility

Toho will provide a bypass pumping system to prevent wastewater from entering the wet well during coating operations.

Lift stations included in each Purchase Order may not be ready for coating simultaneously. As a result, the Contractor may be required to perform multiple mobilizations and demobilizations for each lift station. These costs shall be included in the Contractor’s unit price and no additional compensation will be provided.

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All work shall be performed between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday, unless otherwise approved by the Authority.

The Contractor shall provide shop drawings and product submittals for all materials used for each project issued under this contract.

Failure of the Awarded Contractor to become familiar with site conditions shall not relieve the Contractor of responsibility for properly performing the work in accordance with the contract documents and shall not be grounds for additional compensation.

4.2 CODES AND STANDARDS

All materials furnished and work performed under this contract shall comply with all applicable federal, state, and local codes, regulations, and industry standards.

4.3 APPROVED MANUFACTURERS

Materials furnished under this section shall conform to the Approved Manufacturer’s list (Exhibit A).

Bidders shall not submit products for approval during the bidding process, and no substitutions will be considered.

4.4 PROJECT COMPLETION

The awarded Contractor(s) shall be required complete the assigned projects within twenty (20) working days following the Toho’s Notice to Proceed (Exhibit C) under this contract and Purchase Order.

4.5 INSTALLATION/APPLICATION

All coating installation shall be performed by the Contractor in accordance with the manufacturer’s recommendations and industry best practices.

The wet well coating shall be applied to the walls and sloped surfaces of the wet well, stopping within approximately four (4) inches of the very bottom of the wet well.

The very bottom surface of the wet well shall not be coated.

4.6 SURFACE PREPARATION

All surfaces shall be prepared in accordance with the coating manufacturer’s requirements and applicable industry standards, including but not limited to:

• SSPC-SP13/NACE No. 6 – Surface Preparation of Concrete

• ICRI Guideline No. 310.2R – Selecting and Specifying Concrete Surface

Preparation

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Surface preparation shall include removal of deteriorated coatings, laitance, grease, oils, biological growth, and other contaminants that may interfere with coating adhesion.

4.6 TESTING REQUIREMENTS

A. Spark Testing

All installed coating systems shall be spark tested to ensure that no holidays or discontinuities are present.

Testing shall be performed after the coating has cured in accordance with manufacturer recommendations and in compliance with ASTM D4787 – Standard Practice for Continuity Verification of Liquid or Sheet Linings Applied to Concrete Substrates.

Testing requirements include:

a. Testing shall be performed by a certified testing laboratory at the

Contractor’s cost, unless the coating material prevents spark testing (e.g., calcium aluminate-based products).

b. All testsshall be witnessed by Toho.

c. Detection of a known or induced holiday in the coating product shall be used to confirm proper operation of the test equipment

d. Test voltage shall be a minimum of 100 volts per mil of coating system thickness.

e. All detected holidays shall be marked and repaired according to the coating product(s) manufacturer’s recommendations.

All areas repaired shall be retested after cure of the repair material(s).

f. The Contractor shall submit documentation to the Authority including:

• Areas tested

• Equipment used

• Test results

• Repairs performed

B. Pull-Off Adhesion Testing

All installed coating systems shall undergo pull-off adhesion testing to verify proper adhesion to the substrate.

1. Testing shall be conducted in accordance with ASTM D7234 – Pull-Off Adhesion Strength of Coatings on Concrete Using Portable Pull-Off Adhesion Testers.

2. A minimum of three (3) pull tests shall be performed on each coated wet well.

3. 20 mm dollies shall be attached to locations designated by the Authority.

4. The adhesive used to attach dollies shall:

o Be rapid setting o Have tensile strength at least twice the anticipated failure point o Cure in accordance with manufacturer recommendations.

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5. Prior to testing, the coating shall be scored to the substrate or within 10 mils of the substrate by mechanical means without disturbing the bond within the test area.

6. Each test shall achieve a minimum adhesion strength of 300 psi and include substrate material adhered to the back of the dolly or no visible coating failure.

7. If a structure fails to achieve acceptable pull test results, additional testing may be required at the discretion of Toho.

8. Areas identified with inadequate bond strength shall be evaluated by Toho and repaired by the Contractor.

9. All testing shall be…