1-RFQu-26-001 Engineering Consultant SSWRF Expansion to 9 MGD.pdf

Rev. 01.02.2024 Solicitation Documents

Schedule 1: Solicitation Notice / Page 1-1

Ver: 12/2024

SOLICITATION DOCUMENTS

Solic i tat ion Not ice

REQUEST FOR ENGINEERING QUALIFICATIONS

for qualified firms for Single Project over 7.5 million contracting services in accordance with F.S. § 287.055, the Consultants’ Competitive Negotiation Act (“CCNA”)

RFQu No.: RFQu-26-001 Issue Date: 12/14/2025

Project Title Southside Water Reclamation Facility Expansion to 9.0 MGD

Summary 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 Request For Qualifications (“RFQu”) to solicit responses from qualified Design Professional firms with the relevant experience necessary to complete the above-described project (the “Project”). For more information about the Project, please review the complete set of Solicitation Documents, including without limitation Schedule 4: Project-Specific Information.

Notice of Electronic Response Submittal Requirement TOHO issues its solicitations electronically through its contracted vendor, Bonfire. Respondents shall not hand-deliver, mail, telephone, fax, or email responses. Solicitation Responses received after the Submittal Deadline, or by means other than through Bonfire, will not be accepted.

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 Respondents from any obligation(s) contained in such addenda. To access TOHO Water Authority’s solicitation documents, any resulting addenda, or solicitation results, please go to:

https://tohowater.bonfirehub.com. For assistance registering with Bonfire send an email to Support@GoBonfire.com or visit Bonfire’s online help forum at https://vendorsupport.gobonfire.com/hc/en-us.

Anticipated Solicitation Schedule Pre-Response Conference: N/A N/A Question Deadline: January 2, 2025 5:00 P.M.

Submittal Deadline: January 29, 2025 2:00 P.M.

Solicitation Point of Contact Name: William Arce Email: procurement@tohowater.com

Title: Procurement Coordinator II Phone: 407-540-9867

Notice of State/Federal Financial Assistance, if applicable Not Applicable.

END SCHEDULE 1

http://www.leg.state.fl.us/Statutes/index.cfm http://www.tohowater.com/ mailto:Support@GoBonfire.com

Schedule 2: Table of Contents / Page 2-1

Table of Contents and Appendices

TABLE OF CONTENTS

Solicitation Notice 1-1 Project Title .................................................................................................................................... 1-1 Summary ........................................................................................................................................ 1-1 Notice of Electronic Response Submittal Requirement .......................................................... 1-1 Anticipated Solicitation Schedule .............................................................................................. 1-1 Solicitation Point of Contact ........................................................................................................ 1-1 Notice of State/Federal Financial Assistance, if applicable ..................................................... 1-1

Table of Contents and Appendices 2-1

Request for Qualifications 3-1 General Information ...................................................................................................................... 3-1

Introduction .............................................................................................................. 3-1 Definitions................................................................................................................. 3-1 Solicitation Documents ............................................................................................ 3-3 Submittal Requirements ........................................................................................... 3-3 Pre-Solicitation Response Conference .................................................................... 3-4 Questions and Communications .............................................................................. 3-4 Prohibition on Communications ............................................................................... 3-4 Draft Agreement Documents ................................................................................... 3-4 Addenda ................................................................................................................... 3-5

Acceptance and Right of Rejection ........................................................................ 3-5 Execution of Agreement/Insurance ........................................................................ 3-5 TOHO’s Rights ....................................................................................................... 3-5 Disqualification/Rejection ....................................................................................... 3-6 Protests .................................................................................................................. 3-6 Appeals .................................................................................................................. 3-6 Solicitation Response Costs and Expenses .......................................................... 3-7 Non-Binding ........................................................................................................... 3-7 Nonconforming ....................................................................................................... 3-7 Preparation and Review ......................................................................................... 3-7

Evaluation, Negotiation, and Award ........................................................................................... 3-7 Request for Qualifications Process .......................................................................... 3-7 Recommendation to Negotiate and Award .............................................................. 3-7 Minor Irregularities and Conditional Solicitation Responses ................................... 3-8

Additional Considerations ........................................................................................................... 3-8 Public Records ......................................................................................................... 3-8 State Qualification Requirements ............................................................................ 3-8 Federal/State Financial Assistance Requirements, IF APPLICABLE ................... 3-10 Trade Secret Information ....................................................................................... 3-10

Project-Specific Information 4-1 Scope of Work ............................................................................................................................... 4-1 Required Licenses ........................................................................................................................ 4-1 Solicitation Response Format; Evaluation Criteria and Requirements ................................. 4-1

Schedule 2: Table of Contents / Page 2-2

Format Requirements .............................................................................................. 4-1 Evaluation Criteria and Process .............................................................................. 4-2 Required Submittal Information ............................................................................... 4-3

TABLE OF APPENDICIES

Appendix 1. Solicitation Response Forms Appendix 2: Draft Agreement Documents

END SCHEDULE 2

Schedule 3: Request for Qualifications / Page 3-1

Request for Qual i f icat ions

General Information Introduction

Generally 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 request for qualifications from qualified firms with the experience necessary to provide architect/engineering services necessary to complete the “Project” identified as follows:

Project Title: Southside WRF Expansion to 9.0 MGD RFQu No.: RFQu- 26-001 (the “RFQu”)

Respondents will be selected based on qualifications and project approach in accordance with the Consultants’ Competitive Negotiation Act (“CCNA”), Section 287.055, Florida Statutes.

Submittals will be scored and ranked according to the Scoring Criteria as provided in Schedule 4: Project- Specific Information in these Solicitation Documents. TOHO will evaluate all timely responsive Solicitation Responses received by the Submittal Deadline. TOHO reserves the right to request additional information and clarification of any information submitted.

The scope of the Project is summarized as follows:

The Professional Services to be provided under this Project includes survey, geotechnical investigation, preliminary design, final design, permitting, and limited construction administration necessary to expand the existing Southside Water Reclamation Facility from 7.6 to 9.0 million gallons per day.

For more information about the Project, please review the complete set of Solicitation Documents, including without limitation Schedule 4: Project-Specific Information.

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. Respondents can familiarize themselves with our agency at www.tohowater.com.

Definitions

The terms used in these Solicitation Documents have the meanings indicated in Appendix 2: Draft Agreement and any general or supplementary conditions thereto. Additional terms have the meanings indicated below:

“Agreement” shall mean this written document signed by TOHO and FIRM that, among other things, identifies the Contract Documents.

“Amendment” shall mean a binding change, revision, alteration, or modification of the Contract terms, in a tangible form signed by both Parties after the Effective Date, including but not limited to any Change Order or GMP Amendment, or Task Authorization.

“Board” shall mean the TOHO Board of Supervisors, the governing body of TOHO.

“Consultant" shall mean a professional who provides technical advice, Professional Services and guidance to TOHO on engineering projects. Consultant can work independently or as part of an engineering FIRM.

https://vendorsupport.gobonfire.com/hc/en-us

Schedule 3: Request for Qualifications / Page 3-2

"Contract" shall mean the legally enforceable agreement pursuant to which FIRM provides Services to TOHO as memorialized in the Contract Documents, as may be amended from time to time.

“Contract Amendment” shall mean a binding change, revision, alteration, or modification of the Contract terms, in a form signed by both Parties after the Effective Date, including but not limited to any Change Order, GMP Amendment, or Task Authorization.

“Day” means one 24-hour calendar day, unless otherwise specifically referred to as a “business day”.

A business day is any day that is an official working day of Toho, specifically excluding official public holidays designated by Toho. When pluralized, “days” and “business days” shall mean consecutive calendar or consecutive business days respectively.

“Laws and Regulations”, “Laws”, or “Regulations” shall mean all applicable laws, statutes, rules, regulations, ordinances, codes, and binding decrees, resolutions, and orders of all governmental bodies, agencies, authorities, and courts having jurisdiction.

“Professional Services” means those services within the scope of the practice of architecture, professional engineering, landscape architecture, or registered surveying and mapping, as defined by the laws of the State of Florida, or those performed by any architect, professional engineer, landscape architect, or registered surveyor and mapper in connection with his or her professional employment or practice.

“Project” means the work specified in Schedule 4: Project-Specific Information of the Solicitation Documents.

“Protest” shall mean a formal challenge to the solicitation, submittal rejection, or award, filed by a respondent with a timely submission, requiring a written notice within 72 hours, a bond of $5,000 within 10 days, and resolution by the Procurement Director; as formally described in Section 14: Protests.

“Question Deadline” means the time and date on which TOHO will stop receiving questions or other solicitation-related requests through the Bonfire procurement portal and by which any question submitted thereafter will be considered untimely. For the purposes of this solicitation, the Question Deadline is the time and date indicated on Schedule 1: Solicitation Notice, or as later provided by TOHO by formal written addenda.

“Request for Qualifications” or “RFQu” means the document issued by TOHO to prospective Respondents requesting that they submit qualifications and other information to be used by TOHO in ranking Respondents for Competitive Negotiation in compliance with Section 287.055, Florida Statutes.

“Respondent” is an entity or firm who submits a Solicitation Response. If Respondent is a consortium, partnership, joint venture, or other organization, this definition shall include all partners, members, or participants.

“Solicitation Documents” means the Advertisement of Request for Qualifications, Request for Qualifications, any Addenda issued, and other documents so designated in Section 3: Solicitation Documents as found below.

“Solicitation Response” means the document submitted to TOHO by a Respondent in response to and compliant with the Solicitation Documents, including any completed forms, attachments, and exhibits, to demonstrate experience, competence, and ability to successfully perform the Contract requirements. The terms “Solicitation Response” and “Proposal” may be used interchangeably.

“Submittal Deadline” means the time and date on which TOHO will stop receiving Solicitation Responses. For this solicitation, the Submittal Deadline is the time and date indicated on this Schedule 1: Solicitation Notice, or as later provided by TOHO by formal written addenda.

“Submittal Forms” means the forms provided in these Solicitation Documents that are required to be completed as part of each Solicitation Response.

"Successful Respondent(s)” means the successful Respondent that is selected by TOHO for award

Schedule 3: Request for Qualifications / Page 3-3 and into which TOHO enters the Contract. The terms “Successful Respondent(s)” and “Contractor(s)” may be used interchangeably.

“TOHO” or “Owner” means the Tohopekaliga Water Authority.

In addition to terms specifically defined, terms with initial capital letters in the Solicitation Documents include references to identified articles and paragraphs, and the titles of other documents or forms.

Instructions for obtaining the Solicitation Documents are set forth in Schedule 1: Solicitation Notice.

Respondents must obtain a complete set of the Solicitation Documents indicated below for use in preparation of Solicitation Responses. Respondents are responsible for ensuring that a complete set of documents is obtained and used and assume sole responsibility for errors or misinterpretations resulting from the use of incomplete Solicitation Documents.

The Solicitation Documents consist of the following:

Schedule 1: Solicitation Notice

Schedule 2: Table of Contents

Schedule 3: Request for Qualifications

Schedule 4: Project-Specific Information

Appendix 1: Solicitation Response Forms

Appendix 2: Draft Agreement Documents, including:

Agreement;

General Conditions;

Supplemental Conditions; and Any and all Amendments and Attachments to the Agreement

Submittal Requirements

Electronic submittals are required. Solicitation Responses shall comply with the requirements provided in the Solicitation Documents, and shall be timely submitted electronically via TOHO’s e-procurement portal at https://tohowater.bonfirehub. All forms provided in the Solicitation Documents should be completed and appropriately incorporated into the Solicitation Response.

To submit responses electronically, Respondents 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.

Respondents will have the ability to modify their submissions up to the Submittal Deadline in Bonfire.

Submissions must be uploaded, submitted, and finalized prior to the Submittal Deadline. It is strongly recommended that Respondents give themselves sufficient time before the Submittal Deadline to begin the uploading process and finalize submissions.

TOHO is not responsible for any technical problems in the electronic transmission and/or delay in receipt due to technical problems. Such electronic transmittal errors will not alter or effect the Submittal Deadline date or time for receipt of Solicitation Responses. If you require assistance, please contact Bonfire at Support@GoBonfire.com.

Late Solicitation Responses, or Solicitation Responses submitted by means other than provided above, will not https://vendor.myfloridamarketplace.com/search/vendor mailto:Support@GoBonfire.com

Schedule 3: Request for Qualifications / Page 3-4 be considered. No Solicitation Responses may be withdrawn after the Submittal Deadline without the written permission of TOHO’s Procurement Director.

Pre-Solicitation Response Conference No Pre-Solicitation Response Conference is being held for this solicitation.

Questions and Communications TOHO is committed to a fair, open process for interested parties to receive information about the Project and this competitive procurement process. As such, all procurement-related communications must comply with the requirements of this Section.

To ask questions concerning this RFQu solicitation process, Respondents must register with TOHO’s public purchasing portal at https://tohowater.bonfirehub.com and initiate the questions electronically through the “Vendor Discussion” feature. For assistance registering with Bonfire, please contact Bonfire at Support@GoBonfire.com.

All questions and any other solicitation-related inquiries or comments must be submitted by use of the “Vendor Discussion” feature in Bonfire prior to the Question Deadline. After the Question Deadline, Respondents may address concerns to the Procurement Services Division via email at procurement@tohowater.com. Such untimely questions may or may not be considered or answered. All RFQu-related communications sent to TOHO are subject to public distribution.

Responses to questions or additional RFQu-related information shall be provided by TOHO to all Respondents either through the “Vendor Discussion” feature on Bonfire, or via a written addendum through https://tohowater.bonfirehub.com. Prospective Respondents are encouraged to register in Bonfire so that they may monitor all notifications.

No oral interpretation of the meaning of the plans, specifications, or other documents related to the Project or the RFQu shall be considered binding. TOHO shall be bound by information and statements only when such information or statements are written and executed under the authority of the Procurement Director.

Prohibition on Communications Prior to TOHO’s issuance of the Notice of Intent to Negotiate and Award, Respondents are prohibited from discussing this RFQu and/or their Solicitation Response with any member of the Selection Committee, any member of TOHO’s Board of Supervisors, any staff member of the initiating department or division, or any other key stakeholder for the Project outside of a public meeting held in compliance with Section 286.011, Florida Statutes. All communications must instead flow through the Bonfire online Procurement portal, or directly with the assigned Solicitation Point of Contact provided in Schedule 1: Solicitation Notice of these Solicitation Documents.

Draft Agreement Documents The draft of the agreement TOHO will use to issue the award (the “Agreement”) may be found in Appendix 2: Draft Agreement Documents of these Solicitation Documents. Respondents with any questions, comments, or modification requests regarding any provision of the Agreement may timely submit them by the Question Deadline through the Bonfire’s “Vendor Discussion” feature, as further discussed in Section 6: Questions and Communications of this RFQu.

TOHO will review such Agreement related questions, comments, and modification requests and issue its responses by addenda. TOHO reserves the right to reject any and all requests to modify the provisions of the Agreement.

By submitting a Solicitation Response, each Respondent acknowledges and agrees that it: (a) accepts the terms and conditions of the Agreement “as is”, with no modifications other than those that TOHO may have agreed to by addenda; and (b) waives any objection it may have to any term of provision found in the Agreement. Prepare the Solicitation Response accordingly. TOHO reserves the right to negotiate mailto:Support@GoBonfire.com https://fdotxwp02.dot.state.fl.us/EqualOpportunityOfficeBusinessDirectory/Home.aspx http://dos.myflorida.com/sunbiz https://tohowater.bonfirehub.com/

Schedule 3: Request for Qualifications / Page 3-5 changes to the Agreement form, but Respondent may not reasonably rely on any changes being made.

Time is of the essence; therefore, Respondents should be prepared to execute the Agreement in a timely manner upon selection in order to begin the work required within the timeframe established.

Addenda TOHO reserves the right to revise or amend the Solicitation Documents. Such revisions and amendments, if any, shall be announced by Addenda to the Solicitation Documents. Addenda shall be posted through the on-line Bonfire portal. The Submittal Deadline shall be at least five business days after the last Addenda and may be adjusted by TOHO accordingly.

Acceptance and Right of Rejection

Solicitation Responses received by TOHO shall remain open for negotiation and award for a period of 90 days after the Submittal Deadline for evaluation purposes. Solicitation Responses for Respondents that were designated in the posted Notice of Intent to Negotiate and Award as being either the highest ranked or an alternate may have such period for negotiation and award unilaterally extended by TOHO by written notice for an additional 30 days. TOHO reserves the right to reject all proposals.

Execution of Agreement/Insurance

Respondents agree that, should they be the Successful Respondent, within 10 business days from the date upon which TOHO issues its Notice of Award, they shall execute and deliver two original signed copies of the Agreement, and the requisite Certificates of Insurance. Insurance documents as outlined in the attached Agreement must be received and approved prior to starting any service for TOHO.

If the Successful Respondent needs additional time to execute the Agreement, or to obtain the requisite Certificates of Insurance, it may request an extension of such time from the Procurement Services Director. The Procurement Services Director shall have the discretion to reject any such request and to proceed with negotiations with the next available alternate. Nothing in this provision shall give rise to any right or claim by a third party.

TOHO’s Rights TOHO reserves the right, in its sole and absolute discretion, to partake in any number of the following actions:

A. Amend, suspend, or terminate this solicitation;

B. Revise and modify, at any time prior to the Submittal Deadline, factors it will consider in evaluating Solicitation Responses and to otherwise revise its evaluation methodology;

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

D. Extend dates, time periods or deadlines in this solicitation;

E. Reject any and all Solicitation Responses in whole or in part which are non-conforming, non-responsive, or conditional Solicitation Responses;

F. Waive minor deficiencies, informalities, irregularities or defects;

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

H. Reissue the same solicitation or issue a different solicitation for this project;

I. Hold meetings and conduct discussions and issue correspondence with one or more of the Respondents to seek an improved understanding and evaluation of the Solicitation Responses;

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

K. Accept Solicitation Responses that in its judgment will be in the best interest of TOHO;

Schedule 3: Request for Qualifications / Page 3-6

L. Suspend, discontinue and/or terminate negotiations at any time prior to the actual authorized execution of an Agreement by all parties; and

M. TOHO expressly reserves the right to exercise all rights available to it under this Section and other provisions of applicable Florida law pertaining to this solicitation without incurring any liability for costs, expenses, or damages of any nature whatsoever suffered or incurred by any Respondent, team member or any other person.

Disqualification/Rejection

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

A. Fails to include information in its Solicitation Response required by this RFQu;

B. Engages in conduct prohibited by this RFQu;

C. Fails to obtain TOHO’s consent for any action when required by this RFQu;

D. Is involved in pending litigation concerning TOHO or its Member Governments;

E. Submits false or misleading information in its Solicitation Response;

F. Has a conflict of interest;

G. Fails to disclose any information which, if disclosed, would materially adversely affect TOHO’s evaluation of the Solicitation Response;

H. Fails to demonstrate that it has capability in all respects to fully perform the Agreement requirements and the integrity and reliability that will assure good faith performance; and/or

I. Otherwise fails to comply with any material requirement of this RFQu.

Protests No non-Respondents or any other third parties shall have the right to protest under this solicitation. The right to protest under this solicitation is limited and exclusive to Respondents that timely submitted a Solicitation Response. Any such Respondent is encouraged to contact the Procurement Director to determine whether or not their concerns can be resolved prior to initiating a formal protest.

In order to protest an award, Respondents must submit to the Procurement Director: (a) a written notice of protest within 72 hours from TOHO’s posting of the recommended award on Bonfire; (b) within 10 days after the date the notice of protest was submitted, a formal written protest identifying the solicitation number, title, and basis for the protest; and (c) along with the formal written protest, a protest bond in the amount of $5,000, conditioned upon the payment of all costs and charges that are adjudged against the protestor in any subsequent legal proceeding. Failure to file either the written notice of protest or the formal written protest and bond within the requisite time frames shall be considered a waiver of the right to protest by the Respondent.

The Procurement Director shall have the authority to settle and resolve a protest concerning the recommendation of award by providing a written response to the protesting Respondent within 7 business days after receipt of the formal written protest.

Appeals TOHO is exempt from Chapter 120, Florida Statutes, and appeals will not be determined pursuant to Chapter

120. Instead, the process for appeals regarding protests shall be as follows:

A. All appeals must (1) be in writing with a copy provided to TOHO’s Office of the General Counsel and (2) specify in detail the reason for the appeal and any legal argument supporting the appeal.

B. The protesting Respondent shall have the right to appeal the Procurement Director’s decision to TOHO’s Chief Executive Officer within 7 business days following the date of the Procurement Director’s decision.

Schedule 3: Request for Qualifications / Page 3-7

C. The protesting Respondent shall have the right to appeal the Chief Executive Officer’s decision to TOHO’s Board of Supervisors within 7 business days following the date of the Chief Executive Officer’s decision.

D. The decision of the Board of Supervisors shall be final and binding. Failure to meet any of the above timeframes shall be considered abandonment of the appeal and waiver by the Respondent of any rights it has or may have to appeal.

Solicitation Response Costs and Expenses

All costs and expenses incurred by a Respondent, or any person working on behalf of a Respondent, in connection with the solicitation, including the preparation and submission of a Solicitation Response, providing additional information, attendance at meetings, presentations or interviews, and any other actions taken by a Respondent in response to this solicitation shall be the sole responsibility of the Respondent. TOHO and its agents, officers, and directors shall have no responsibility or liability for any costs, damages, or expenses incurred by Respondent, team members or any other person as a result of this solicitation.

Non-Binding

The issuance of this RFQu does not obligate TOHO to enter into a Agreement, nor does the RFQu constitute an offer to enter into a Agreement. 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 Respondent with TOHO. Respondent is solely responsible for meeting all deadlines and submission requirements of this RFQu.

Nonconforming Solicitation Responses may be deemed nonconforming which contains omissions, erasures, alterations, or additions of any kind, or which may be obviously unbalanced, or which otherwise in any manner fail to conform in all material respects to the requirements of the RFQu.

Preparation and Review Respondents are solely responsible for conducting their own independent research and due diligence in the preparation of Solicitation Responses and the subsequent delivery of services under the Agreement.

Evaluation, Negotiation, and Award Request for Qualifications Process

Solicitation Responses will be evaluated, scored, ranked, and short-listed by a Selection Committee in accordance with the requirements of Florida’s Sunshine Law, Section 286.011, Florida Statutes, and as further provided in this Section and Schedule 4: Project-Specific Information.

Recommendation to Negotiate and Award After a short-list has been appropriately developed, the Selection Committee shall provide a Recommendation to Negotiate and Award for approval by TOHO’s Board of Supervisors, which will contain the ranked short-list and a recommendation that TOHO commence competitive negotiations with the three highest-ranked Respondents in compliance with Section 287.055, Florida Statutes. Such recommendation shall also include a ranked list of alternates should TOHO be unable to negotiate satisfactory Agreements.

Should TOHO’s Board of Supervisors approve the Selection Committee’s recommendation, a Notice of Intent to Negotiate and Award shall be issued to the designated Respondents. Should negotiations prove to be satisfactory to TOHO, TOHO shall issue a Notice of Award to such Respondent(s).

Should TOHO fail to satisfactorily negotiate a compensation arrangement with the designated Respondent(s) that TOHO considers to be fair, competitive, and reasonable, negotiations with such Respondent(s) shall be terminated and TOHO shall then begin negotiations with the next-ranked Respondent(s). Such negotiations shall continue as described above until TOHO has exhausted the order of short-listed Respondents, or – in the situation of multiple awards, if applicable, – determined that an adequate number of such awards have been issued.

Schedule 3: Request for Qualifications / Page 3-8

Failing an agreement with such short-listed Respondents, TOHO may select additional Respondents in order of competency and qualifications as indicated in the Solicitation Response evaluations until agreement is reached or TOHO may modify or cancel the RFQu.

The Recommendation to Negotiate and Award, Notice of Intent to Negotiate and Award, and any subsequent Notice of Award will be posted on Bonfire.

Minor Irregularities and Conditional Solicitation Responses TOHO reserves the rights to: (a) waive any minor irregularities or clerical errors which are not material to the RFQu or which do not prejudice other Respondents; and (b) reject any Solicitation Responses as non-responsive. Conditional Solicitation Responses or those which take exception to any provision of the RFQu or Agreement may be considered non-responsive and may be rejected.

Additional Considerations Public Records

Toho is subject to the State of Florida’s broad public records laws. By submitting a Solicitation Response, each Respondent hereby acknowledges that all documents, materials, records, data, or any other information submitted as part of such Solicitation Response are considered public records governed by the disclosure, exemption, and confidentiality provisions relating to public records in Florida law, including those found in Chapter 119, Florida Statutes.

State Qualification Requirements The successful Respondent shall comply with all local, State, and Federal statutes, regulations, directives and orders as applicable to the services provided and offered to TOHO.

Florida Business Registration

The Successful Respondent must be eligible and 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.

E-Verification Requirement

In accordance with Section 448.095, Florida Statutes, the Successful Respondent shall be registered with and utilize the U.S. Department of Homeland Security’s E‐Verify system to verify the employment eligibility of all new employees hired during the term of the Contract for the services specified in the Contract. To ensure compliance with this provision, each Respondent must complete and submit FORM TOH-200: E-Verify Registration and Use Certification, as found in Appendix 1: Solicitation Response Forms of these Solicitation Documents, with their Solicitation Response.

Respondents are advised that evidence of their registration with the E-Verify system must be attached to FORM TOH-200 included with the Solicitation Response.

Public Entity Crimes, Discriminatory Vendors, Antitrust Violators, and Scrutinized Companies

Public Entity Crimes. Pursuant to Subsections 287.133(2) and (3), Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals 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 in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.

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Discriminatory Vendors. Pursuant to Subsection 287.134(2)(a), Florida Statutes, 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.

Antitrust Violators. Pursuant to Subsection 287.137(2)(a), Florida Statutes, 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.

Scrutinized Companies. Pursuant to Section 287.135, Florida Statutes, a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services of:

Any amount if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel; or

One million dollars or more if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company: (a) is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in Iran Terrorism Sectors List, created pursuant to Section 215.473, Florida Statutes; or (b) is engaged in business operations in Cuba or Syria.

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.

Foreign Countries of Concern. Pursuant to Section 287.138, Florida Statutes, 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.

Required Certifications. Respondents shall be required to certify to their eligibility to submit a solicitation response to this RFQu in accordance with Paragraphs A through E above by use of FORM TOH-210: Certifications Regarding Vendor Eligibility for Contracts with Public Entities, and FORM TOH-240 as found in Appendix 1: Solicitation Response Forms of these Solicitation Documents, which should be completed and submitted with each Solicitation Response. If selected for award of a Contract, Respondent must later deliver an affidavit as required by Section 787.06(13), Florida Statutes, relating to human trafficking.

Common Carriers

Respondents must certify that they either are, or are not, a “common carrier” as defined in Section 908.111, Florida Statutes. Respondents who meet such definition of “common carrier” must additionally certify that the Respondent does not willfully providing and will not willfully provide any service during the Contract term in furtherance of transporting a person into this state knowing that the person is an Unauthorized

Schedule 3: Request for Qualifications / Page 3-10

Alien, except to facilitate the detention, removal, or departure of the person from this state or the United States. Such certifications shall be completed by use of FORM TOH-220: Common Carrier Certification, as found in Appendix 1: Solicitation Response Forms of these Solicitation Documents, which must be completed and submitted with each Solicitation Response.

Social/Political/Ideological Interests Respondents are hereby notified that Section 287.05701, Florida Statutes, requires that TOHO may not request documentation of or consider a Respondent’s social, political, or ideological interests when determining if the vendor is a responsible Respondent and may not give preference to a Respondent based on the Respondent’s social, political, or ideological interests.

Federal/State Financial Assistance Requirements, IF APPLICABLE

Not Applicable.

Trade Secret Information Per Sections 119.0715 and 815.045, Florida Statutes, “Trade Secret Information” is confidential and exempt from disclosure under Florida public records law. TOHO is not soliciting, nor does it desire, the submission of any Trade Secret Information. To the extent that a Respondent finds it necessary to designate certain information in its Solicitation Response as Trade Secret Information, Respondent shall, with its original Solicitation Response, additionally submit a redacted copy of its Solicitation Response.

Such redacted copy of the Solicitation Response must include notations containing an explanation as to why each such redaction meets the definition of Trade Secret Information or why such provision is otherwise confidential or exempt from disclosure under Florida law. All redactions must be made in the narrowest manner (word, line, paragraph, page, etc.) necessary to protect the confidentiality of the information. The redacted copy of the Solicitation Response shall have a cover page and page header that is clearly marked as “REDACTED

COPY”.

Respondents are advised that:

A. They must only redact the specific information that they, using good faith, believe to be confidential and exempt under applicable law and should not submit documents that have been broadly marked “CONFIDENTIAL”. Exemptions to Florida’s broad public records law are narrowly construed and therefore, TOHO is unable to accept broad designations of confidentiality or exemption from public disclosure. Broad misclassifications of information as Trade Secret Information may render a Solicitation Response non-responsive.

B. As a responsible steward of ratepayer funds, and in the interest of transparency and accountability to the general public, TOHO will not accept designations of the following information as Trade Secret Information: (1) any negotiated or proposed rates, fees, or prices; and (2) the general nature of the services rendered or goods being provided.

A Respondent that asserts information in its Solicitation Response is Trade Secret Information or otherwise confidential hereby acknowledges and agrees to all of the following:

A. To the extent TOHO deems necessary to effectively handle, process, review, evaluate, and maintain the Respondent’s Solicitation Response, TOHO and its officials, employees, agents, and representatives are hereby granted full rights to access, view, consider, and discuss any information designated by the Respondent as Trade Secret Information. TOHO may make copies of, and distribute, the Respondent’s unredacted Solicitation Response for the purposes of facilitating evaluation of such response.

B. For auditing purposes, TOHO may disclose the Respondent’s unredacted Solicitation Response to TOHO’s internal and external auditors. Additionally, should funding for the award be in any part provided

Schedule 3: Request for Qualifications / Page 3-11 by the State of Florida or the Federal Government, TOHO may also disclose the Respondent’s unredacted Solicitation Response to such entities, including any pass-through entities, for funding compliance and auditing purposes.

C. Trade Secret Information is not exempt under the broad open meetings provisions of Florida law.

Accordingly, any information that the Respondent designates as Trade Secret Information in its Solicitation Response may be openly discussed at public meetings that comply with Section 286.011, Florida Statutes. TOHO will, however, exclude or redact any such designated Trade Secret Information from any records that may result from such public meetings.

D. The Respondent shall be solely responsible for defending the confidentiality of its designated Trade Secret Information at its sole cost, which action shall be taken in a court of competent jurisdiction located in Osceola County, Florida, immediately, but no later than 10 calendar days from the date the Respondent receives written notification from TOHO that a request for information designated by the Respondent as Trade Secret Information was made. Failure of the Respondent to timely file an action to defend the confidentiality of its designated Trade Secret Information shall constitute a waiver by the Respondent of any claim that such information is confidential or exempt from disclosure and will result in TOHO’s release of the requested records.

E. The Respondent shall hold harmless and indemnify TOHO, its officials, employees, agents, and representatives from any and all claims, actions, suits, judgments, fines, costs, fees (including attorneys’ fees), or damages arising from or related to any designated Trade Secret Information submitted or otherwise provided to TOHO by the Respondent, including but not limited to those arising from TOHO’s non-disclosure of such information in response to a public records request.

F. The protection afforded by Section 815.045, Florida Statutes, to trade secretion information is incomplete, and no right or remedy for damages shall arise from any disclosure of such information by TOHO.

G. The confidentiality protections and records exemptions for any information designated by the Respondent in its Solicitation Response as being Trade Secret Information shall expire 5 years from the date of the Respondent’s submittal of such response.

Notwithstanding anything to the contrary herein, without assuming any obligation to do so, TOHO reserves the right to seek clarification or additional information from Respondents regarding any designations of Trade Secret Information.

END SCHEDULE 3

Schedule 4: Project-Specific Information / Page 4-1

Project-Specif ic Information

Scope of Work The Tohopekaliga Water Authority (Toho) invites interested engineering consulting firms with extensive experience in water reclamation facility (WRFs) expansion or upgrade to submit Statements of Qualifications (SOQ) to provide Survey, Geotechnical Investigation, Preliminary Design, Final Design, Permitting, Limited Construction Services, and all miscellaneous related services for the subject project. The selected consultant should demonstrate experience in expansion or upgrade of existing WRFs.

The existing WRF has a permitted treatment capacity of 7.6 MGD AADF. The project intent is to expand the existing 7.6 MGD WRF facility to 9.0 MGD. The project is anticipated to include improvements or expansion of the following process components: screening, grit removal, aeration, clarification, filtration, odor control, biosolids management, effluent disposal, and ancillary pumping; site; on-site stormwater collection and treatment; electrical; and I&C improvements.

The scope for this project is anticipated to include survey and SUE services, environmental services, data collection, influent characterization, treatment process capacity evaluation, process modeling, permitting services, geotechnical design, structural design, civil design, process design, bid support, Construction Manager at Risk (CMAR) coordination, and engineering services during construction.

Toho anticipates utilizing the CMAR construction delivery method for this project.

Respondents must demonstrate an established reputation and documented successful experience in providing the above-referenced Work. The Successful Respondent is expected to have appropriately experienced staff and resources to provide comprehensive, reliable products and services regarding the Project and will be required to demonstrate this via the submittal documents and/or associated interviews, if deemed necessary.

Required Licenses A Respondent must be a Professional Services firm as defined in the CCNA, that is, a partnership, corporation, or other legal entity that: (1) is certified under Section 471.023, Florida Statutes, to practice or to offer to practice engineering; qualified under Section 481.219, Florida Statutes, to practice or to offer to practice architecture;

or qualified under Section 481.319, Florida Statutes, to practice or to offer to practice landscape architecture or qualified under Section 472.005, Florida Statutes, to practice or to offer to practice surveying and mapping.