IFB-26-034 Div 0.pdf

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Attached to
South Doverplum Avenue Water Main Project
Solicitation number
26-034
Issued by
Polk County, Florida

About this file

This is an Invitation for Bids (IFB) issued by Tohopekaliga Water Authority (Toho), an independent special district in Florida, for construction services related to the South Doverplum Avenue Water Main Project. The project encompasses approximately 5,500 linear feet of 20-inch PVC water mains, 50 linear feet of 12-inch PVC, 30 linear feet of 8-inch PVC, 400 linear feet of 4-inch PVC, and 440 linear feet of 24-inch HDPE water mains via horizontal directional drilling, along with associated appurtenances including gate valves, fire hydrants, and blow-off assemblies. The work also includes abandonment or removal of approximately 1,500 linear feet of existing water main, some of which is asbestos cement pipe requiring compliant handling and disposal. A non-mandatory pre-bid conference is scheduled for Wednesday, August 26, 2026, at 12:30 PM via Microsoft Teams. The question deadline is Monday, August 31, 2026, at 5:00 PM, with bids due Thursday, September 17, 2026, at 2:00 PM through the Bonfire electronic portal. Bids will be opened on the next available Thursday at 2:00 PM following the submittal deadline at a public meeting accessible virtually via Teams. All bidding documents must be submitted electronically; hand-delivery, mail, fax, or email submissions will not be accepted.

Bid security of 5% of the maximum bid price is required in the form of a certified check, cashier's check, or bid bond. The contract is federally funded through the EPA's Water Infrastructure Financing and Innovation Act (WIFIA) and requires bidders to comply with federal regulations including Davis-Bacon wage requirements, American Iron and Steel compliance, and equal employment opportunity provisions with specific minority and female participation goals of 15.5% for Osceola County and 18% for Polk County. Bidders must be registered to do business in Florida and comply with state requirements regarding E-Verify registration, public entity crimes certifications, discriminatory vendor prohibitions, antitrust compliance, and scrutinized company certifications. The prime contractor must self-perform at least 50% of open-cut work, and qualifications require minimum supervisory experience of five years with documented installation of 30,000 linear feet of 20-inch or greater pipe via horizontal directional drilling and 10,000 linear feet of 20-inch or greater pressurized pipe via open cut, with verifiable references provided for all claimed experience.

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Text version

SECTION 00030

INVITATION FOR BIDS

00030-1 for Construction Services IFB No.: IFB-26-034 Issue Date: Sunday, August 16, 2026 Project Title: South Doverplum Avenue Water Main Project – a

WIFIA Funded Project

DIVISION 0, 1, 2, 3, 15

BIDDING, CONTRACT REQUIREMENTS and

PROJECT SPECIFICATIONS

TABLE OF CONTENTS

DIVISION 0 BIDDING AND CONTRACT DOCUMENTS PAGE

00030 Invitation for Bid 00030-1 00100 Instruction to Bidders 00100-1 00300 Construction Bid Form 00300-1 00330 Bid Form Attachments 00300-1 Bid Security 00330-2 Affidavit of Non-Collusion and of Non-Interest of Toho Employees 00330-4 Certifications Regarding Vendor Eligibility to Contract with Public Entities 00330-5 E-Verify Use and Registration Certification 00330-8 Common Carrier Certification 00330-10 Questionnaire 00330-11 Florida Trench Safety Act Affidavit 00330-13 Qualifications for Construction 00330-14 Drug-Free Workplace Compliance Form 00330-20 31 USC § 1352 Compliance Certification (Byrd Anti-Lobbying) 00330-21 2 CFR Part 180, Subpart C, Compliance Certification (Federal 00330-23 Suspension and Debarment) Human Trafficking Affidavit 00300-25 00500 Contract 00500-1 00610 Performance Bond 00610-1 00620 Payment Bond 00620-1 00700 General Conditions 00700-1 00800 Supplementary Conditions 00800-1 00900 Federally Assisted Construction Contract Terms and Conditions 00900-1 00910 Notice of Award 00910-1 00920 Notice to Proceed 00920-1 00930 Change Order Form 00930-1 00940 Application for Payment Form 00940-1 00950 Request for Information Form 00950-1 00965 Schedule of Values 00965-1 00980 Certificate of Substantial Completion 00980-1 00990 Certificate of Final Inspection 00990-1 00995 Contractor's Release 00995-1

DIVISION 1 GENERAL REQUIREMENTS

01000 Index of Drawings 01000-1 01010 Summary of Work 01010-1 01020 Geotechnical Data (Intentionally Omitted) 01030 Special Project Procedures 01030-1 01041 Project Coordination 01041-1 01050 Field Engineering and Controls 01050-1 01065 Permits and Fees 01065-1 01070 Abbreviations 01070-1 01150 Measurement and Payment 01150-1 01152 Applications for Progress Payments 01152-1 01200 Project Meetings 01200-1 01300 Contractor Submittals 01300-1 01310 Project Schedule Using CPM Network Analysis 01310-1 01340 Shop Drawings and Submittals 01340-1 01370 Schedule of Values 01370-1 01380 Construction Photographs and Preconstruction Audio-Video 01380-1

00030-2

01410 Testing and Testing Laboratory Services 01410-1 01500 Construction Facilities and Temporary Controls 01500-1 01568 Temporary Erosion and Sedimentation Control 01568-1 01570 Traffic Regulation 01570-1 01580 Project Signs 01580-1 01600 Materials and Equipment 01600-1 01700 Contract Closeout 01700-1 01710 Project Housekeeping 01710-1 01720 Project Record Documents 01720-1 01740 Warranties and Bonds 01740-1

DIVISION 2 SITEWORK

02050 Demolition and Maintenance of Service During Construction 02050-1 02080 Abandonment, Removal and Disposal of Existing Piping Removed from Service 02080-1 02110 Clearing, Grubbing and Stripping 02110-1 02140 Dewatering 02140-1 02200 Earthwork 02200-1 02212 Finish Grading 02212-1 02225 Contaminated Soils and Groundwater 02225-1 02431 Annular Space Grouting 02431-1 02445 Settlement Monitoring 02445-1 02516 Collection System Bypass 02516-1 02574 Pavement Removal and Replacement 02574-1 02660 Potable Water System 02660-1 02665 Horizontal Directional Drilling 02665-1 02761 Cleaning Sanitary Sewer System 02761-1 02762 Televising Sanitary Sewer Systems 02762-1 02774 Wastewater Gravity Collection System 02774-1 02822 Solid Sodding 02822-1 02920 Restoration 02920-1

DIVISION 3 CONCRETE

03300 Cast-in-Place Concrete 03300-1 03600 Grouting 03600-1

DIVISION 15 MECHANICAL

15044 Pressure Testing of Piping and Disinfection 15044-1 15060 High Density Polyethylene Pipe and Fittings 15060-1 15062 Ductile Iron Pipe and Fittings 15062-1 15064 Polyvinyl Chloride (PVC) Pipe and Fittings 15064-1 15100 Ancillary Equipment 15100-1 15111 Gate Valves 15111-1

APPENDICES

Appendix A Geotechnical Report Appendix B Contaminated Site Listing Appendix C Permits (Requires TOH-140) Appendix D Subsurface Utility Engineering (SUE) Reports Appendix E Approved Materials and Manufacturers Appendix F Water Line Leaks Break Repair Policy Appendix G Preliminary Environmental Site Assessment Report (Requires TOH-140) Appendix H Record Drawing Checklist

00030-3

Appendix I Record Drawing Accuracy Table Appendix J Coordinate Asset Table Template Appendix K Osceola County Directional Bore Shot Sheet Appendix L Existing Water Mains Record Drawing Excerpts (Requires TOH-140) Appendix M Davis Bacon Signage-Construction Site Requirements Appendix N WIFIA American Iron and Steel (AIS) Compliance Inspection Form Appendix O Surface Spill and Inadvertent Drilling Fluid Returns Mitigation Plan Appendix P 8-inch WM Abandonment Exhibit (Requires TOH-140) Appendix Q Road Crossing Performance Bond for Projects Within Osceola County ROW Appendix R Toho Submittal Forms (includes Form # TOH-140) Appendix S Drawings (Requires TOH-140) for Construction Services IFB No.: IFB-26-034 Issue Date: Sunday, August 16, 2026 Project Title: South Doverplum Avenue Water Main Project – a

WIFIA Funded Project

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 construction firms with the experience to construct a water main project (the “Project”). For more information about the Project, please review Divisions 0, 1, 2, 3, 15 & 16 of the Bidding Documents and any attachments thereto.

SOLICITATION SCHEDULE

(Times and Dates Subject to Change by Addenda)

Event Date Time Pre-Bid Conference Wednesday, August 26, 2026 12:30 PM Question Deadline Monday, August 31, 2026 5:00 PM Submittal Deadline Thursday, September 17, 2026 2:00 PM

Bidders are advised to closely review Article 17: Opening of Bids in Section 00100: Instructions to Bidders of the Bidding Documents for the time, date, and location of Bid Opening.

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.

NOTICE OF STRUCTURE RECORD RELEASE ACKNOWLEDGEMENT

Vendors must fully complete Appendix R: FORM TOH-140, Structure Record Release Acknowledgement, to obtain copies of solicitation related building plans, blueprints, schematics, or diagrams pursuant to Chapter 119, Florida Statutes. Submit completed forms to procurement@tohowater.com by the question submittal deadline stated in this solicitation.

https://tohowater.bonfirehub.com/ mailto:Support@GoBonfire.com https://vendorsupport.gobonfire.com/hc/en-us mailto:procurement@tohowater.com

00030-2

SOLICITATION POINT OF CONTACT

Name: Brian Grover Email: procurement@tohowater.com Title: Procurement Coordinator I Phone: 407-473-3812

PRE-BID CONFERENCE

A non-mandatory pre-bid conference for this solicitation will be held online through Teams.

SECTION 00100

INSTRUCTIONS TO BIDDERS

00100-1

Introduction

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 construction firms with the experience to construct a water main replacement project (the “Project”) all-inclusive of the following:

A. Project includes the construction of approximately 5,500 linear feet of 20-inch, 50 linear feet of 12-inch, 30 linear feet of 8-inch, and 400 linear feet of 4-inch C900/DR- 18 PVC water mains, and 440 linear feet of 24-inch HDPE (PE4710) DR-11 water mains via horizontal directional drill, 10 linear feet of 2-inch PE (DR-9), 10-inch through 18-inch wet tap connections to existing mains, asphalt roadway open cut and repair with final mill and resurfacing, concrete curb removal and replacement, air release valve, gate valves, fire hydrants, blow off assemblies, applicable permits, and associated appurtenances. The Project also includes the abandonment (grout fill) and/or removal of approximately 1,500 linear feet of existing water main. The CONTRACTOR shall note that some existing water mains are asbestos cement pipe and all work shall comply with the applicable regulations regarding handling and disposal of the materials.

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.

Defined Terms

Terms used in these Instructions to Bidders which are defined in Section 00700: General Conditions have the meanings assigned to them in the General Conditions.

Submittal Requirements

Electronic submittals are required. Bids shall comply with the requirements provided in this IFB, and shall be timely submitted electronically via Toho’s e-procurement portal at https://tohowater.bonfirehub. All forms provided by Toho must be completed and appropriately incorporated into the Bid.

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 Submittal Deadline in Bonfire.

Bids must be uploaded, submitted, and finalized prior to the Submittal Deadline indicated in Section 00030: Invitation for Bids. It is strongly recommended that Bidders give themselves sufficient time before the Submittal Deadline to begin the uploading process and finalize submissions.

http://www.tohowater.com/ https://tohowater.bonfirehub/

00100-2

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 Bids. If you require assistance please contact Bonfire at Support@GoBonfire.com.

Late Bids, or Bids submitted by means other than provided above, will not be considered.

No Bids may be withdrawn after the Submittal Deadline without the written permission of Toho’s Procurement Director.

Pre-Bid Conference

The non-mandatory pre-bid conference for this solicitation will take place over Microsoft Teams on Wednesday, August 26, 2026, at 12:30 PM. Clicking the link below will allow you to join the meeting.

Microsoft Teams meeting

Join: https://teams.microsoft.com/meet/214722608042277?p=me7HWLBL3BRqoUKMHW

Meeting ID: 214 722 608 042 277

Passcode: M4JF7yR3

Dial in by phone

+1 872-256-3959,,152135945# United States, Chicago

Find a local number

Phone conference ID: 152 135 945#

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 Article.

To ask questions concerning this IFB solicitation process, required submittals, the drawings or design specifications, evaluation criteria, selection process, or any other matter regarding this solicitation, Bidders must register with Toho’s public purchasing portal at https://tohowater.bonfirehub.com and initiate the questions electronically through the “Vendor Discussion” feature. If you require assistance registering with Bonfire, please contact Bonfire at Support@GoBonfire.com.

Bidders are required to advise TOHO of any conflicts in the Contract Documents or any discrepancies between conditions noted at the project site and those shown on the Drawings or described in the Specifications.

All questions, advisements, and any other IFB-related inquiries or comments must be submitted by use of the “Vendor Discussion” feature in Bonfire prior to the time and date of the “Question Deadline” provided in Section 00030: Invitation for Bids. Thereafter Bidders raising critical concerns must email the Procurement Department at procurement@tohowater.com. Please note that untimely questions may not be considered or addressed and that any IFB-related communications sent to Toho by means other than the “Vendor Discussion” feature will be subject to public distribution.

mailto:Support@GoBonfire.com https://teams.microsoft.com/meet/214722608042277?p=me7HWLBL3BRqoUKMHW tel:+18722563959,,152135945 https://dialin.teams.cloud.microsoft/fecb2ff7-270d-433a-881c-6a47b3551907?id=152135945 https://tohowater.bonfirehub.com/ mailto:Support@GoBonfire.com

00100-3

Bidders are instructed not to contact the initiating division directly. Any contact with Board of Supervisors members and other key Project stakeholders by a Bidder concerning any matter relating to this procurement is prohibited and is grounds for disqualification.

Any responses to questions or additional IFB-related information provided by Toho will be provided to all Bidders either through the “Vendor Discussion” feature on Bonfire, or via a written addendum through https://tohowater.bonfirehub.com.

Answers for timely questions and other IFB-related requests may be addressed in the Bonfire Vendor Discussion feature or as an addendum to this IFB depending on volume.

Prospective Bidders 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 IFB Package 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.

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

Copies of Bidding Documents

Complete sets of the Bidding Documents may be obtained in the manner defined in the Invitation for Bids.

Complete sets of Bidding Documents shall be used in preparing Bids; neither TOHO nor ENGINEER nor DESIGN PROFESSIONAL assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

TOHO in making copies of Bidding Documents available on the above terms does so only for the purpose of obtaining Bids on the Work and does not confer a license or grant for any other use.

Contract

The draft of the contract Toho will use to issue the award (the “Contract”) may be found in Section 00500: Contract of this IFB. Bidders with any questions, comments, or modification requests regarding any provision of the Contract may timely submit them by the Question Deadline through the Bonfire’s “Vendor Discussion” feature, as further discussed in Article 5: Questions and Communications of these Instructions to Bidders.

Toho will review such Contract 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 Contract.

By submitting a Bid, each Bidder: (a) agrees to accept the terms and conditions of the Contract “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 Contract.

Time is of the essence; therefore, firms should be prepared to execute the Contract in a https://tohowater.bonfirehub.com/

00100-4 timely manner upon selection in order to begin the work required within the timeframe established.

Bidder Qualification Requirements

The successful Bidder 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 Awarded Bidder 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.

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

A. 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 bid or proposal on a contract to provide any goods or services to a public entity, may not submit a bid or proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids or 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.

B. 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.

C. 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.

D. 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:

http://dos.myflorida.com/sunbiz

00100-5

A. 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

B. 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.

E. 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.

F. Required Certification. Bidders shall be required to certify to their eligibility to submit a solicitation response to this IFB in accordance with Section 8.2 of these Instructions to Bidders by use of the forms found in Section 00330: Bid Form Attachments, as attached to this IFB, which must be completed and submitted with each Bid.

E-Verification Requirement. In accordance with Section 448.095, Florida Statutes, the Awarded Bidder 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 Bidder must complete and submit the applicable form found in Section 00330: Bid Form Attachments, as found attached to this IFB, with their Bid. Bidders are advised that evidence of their registration with the E-Verify system must be attached to the applicable form.

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

Additional Qualification Requirements. To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit, following receipt of written request by TOHO, information including but not limited to financial data, previous experience including references and evidence of authority to conduct business in the jurisdiction where the Project is located. This information must be received by TOHO within 10 days of Bidder receiving the written request. Submittals requested pursuant to this paragraph are in addition to those required elsewhere.

Examination of Contract Documents and Site

Before submitting a Bid, each Bidder must: (a) examine the Contract Documents

00100-6 thoroughly; (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work; (c) familiarize himself with federal, state and local laws, ordinance, rules, regulations and policies that may in any manner affect cost, progress or performance of the Work; and (d) study and carefully correlate Bidder's observations with the Contract Documents; and (e) make written requests for interpretations promptly after discovering any conflicts, errors, ambiguities or inconsistencies.

Reference is made to the General Requirements for the identification of those reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which have been relied upon by DESIGN PROFESSIONAL in preparing the Drawings and Specifications. TOHO shall make copies of such reports available to any Bidder requesting them. These reports are not guaranteed as to accuracy or completeness, nor are they part of the Contract Documents; they are provided for guidance only. If this information is used by Bidder in preparing his Bid, he shall assume all risks resulting from actual conditions differing from the conditions set out in the reports.

When a log of test borings showing a record of the data obtained by the investigation of subsurface conditions by TOHO, the DESIGN PROFESSIONAL or their consultants is included with the plans or other documents, it is expressly understood and agreed that said log of test borings does not constitute a part of the contract, represents only the opinion of TOHO, or the DESIGN PROFESSIONAL or their consultants as to the character of the materials encountered by them in the test borings, is included in the plans or other documents only for the convenience of bidders, and its use is subject to all of the conditions and limitations set forth in this article.

Before submitting a Bid, each Bidder shall, at Bidder's own expense, make or obtain any additional investigations, examinations, explorations and tests and obtain any additional information which pertain to the physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress or performance of the Work and which Bidder deems necessary to determine its Bid for performing the Work in accordance with the time, price and other terms and conditions of the Contract Documents.

On request, TOHO will attempt to provide each Bidder reasonable access to TOHO owned sites to conduct such investigations and tests as each Bidder deems necessary for submission of his Bid. If access is provided, Bidder shall restore site to condition existing prior to conducting said investigations and tests.

The lands upon which the Work is to be performed, rights-of-way for access thereto and other lands designated for use by CONTRACTOR in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by

CONTRACTOR.

The submission of a Bid shall constitute a conclusive representation by the Bidder that he has complied with every requirement of this Article and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work.

The submission of the Bid shall be an indication that the Bidder has considered normal local weather conditions (daily and monthly variations) for the previous ten years from the

00100-7 date of the Bid as compiled by the National Weather Service and measured at Orlando International Airport.

Bid Security

A Bid Security shall be made payable to TOHO, in an amount of 5% of the Bidder's maximum Bid price and in the form of a certified or cashier's check, a Bid Bond on the form provided (or substantial equivalent) issued by a Surety meeting the requirements of Article 5: Bonds and Insurance of Section 00700: General Conditions, or other security as provided by law.

The Bid Security of the Low Bidder shall be retained until such Bidder has executed the Contract, furnished the required Payment and Performance Bonds and Insurance Certificates, and complied with all applicable requirements, whereupon it will be returned;

if the Low Bidder fails to execute and deliver the Contract, furnish the required Payment and Performance Bonds and Insurance Certificates, and/or comply with all applicable requirements within 15 days of the Notice of Award, TOHO may annul the Notice of Award and the Bid Security may be forfeited.

The Bid Security of any Bidder whom TOHO believes to have a reasonable chance of receiving the award may be retained by TOHO until the earlier of the 7th day after the "effective date of the Contract" (which term is defined in Section 00700: General Conditions) or the 91st day after Bid Opening.

Contract Time

The time of completion is the essence of the Contract, and the Bidder awarded the Contract shall proceed with the Work in accordance with the Contract Time period specified in the Contract Documents. In the event of failure to complete the Work within the time specified, TOHO may assess damages as provided by law or the Contract Documents, unless an appropriate extension of time has been granted by TOHO.

Liquidated Damages

Provisions for liquidated damages, if any, are set forth in Article 3: Contract Time; Liquidated Damages of Section 00500: Contract.

Substitute Material and Equipment

The Contract, if awarded, will be on the basis of material and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or-equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or-equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be considered by ENGINEER until after the "effective date of the Contract". The procedure for submittal of any such application by CONTRACTOR and consideration by ENGINEER is set forth in Section 6.7 of Section 00700: General Conditions which may be supplemented in the General Requirements.

If a substitution list is provided as part of the prescribed Bid Form, Bidders must identify proposed substitute materials and a deductive amount representing 50% of the cost difference between the specified item and the proposed item. These substitute materials

00100-8 and equipment shall be evaluated after "effective date of the Contract". In all cases, the Low Bidder shall be determined on the basis of the Base Bid which shall reflect the cost for the materials and equipment specified.

Subcontractors

TOHO shall receive from the Apparent Low Bidder (or the Low Bidder), within 10 days after receipt of written notification by TOHO, a list of all Subcontractors and other persons and organizations, including those who are to furnish the principal items of material and equipment. This list shall include the name and address of the Subcontractor, person or organization, a description of the services, materials, or equipment to be supplied, estimated time required for the preparation and submittal of shop drawings, and estimated lead times required for the fabrication of any long lead items and concurrence thereof.

Such list shall be accompanied by a statement of experience with pertinent information as to similar projects and other evidence of qualification for each such Subcontractor, person or organization.

If TOHO or ENGINEER has reasonable objection to any proposed Subcontractor, other person or organization, either may, before the Notice of Award, request the Apparent Low Bidder (or the Low Bidder) to submit an acceptable substitute without an increase in Bid price. If the Apparent Low Bidder (or the Low Bidder) declines to make any such substitution, the contract may not be awarded to such Bidder at the TOHO's sole discretion, but his declining to make any such substitution may not constitute grounds for sacrificing his Bid Security. Any Subcontractor, other person, or organization so listed and to whom TOHO or ENGINEER does not make written objection prior to the Notice of Award will be deemed acceptable to TOHO and ENGINEER, but TOHO and ENGINEER do not thereby waive any right they may have against CONTRACTOR because of the actions or omissions of said Subcontractor, other person or organization.

Construction Bid Form

Each Bidder must submit their Bid using the Construction Bid Form found in Section 00300:

Construction Bid Form of these Bidding Documents. Bids shall be submitted in the manner indicated in the in Article 3 of these Instructions to Bidders and must be accompanied by the forms as listed in the Construction Bid Form. Bids received after the time and date specified in the IFB Coversheet shall not be considered. Failure to fully complete the Bid and any associated Bid Documents may result in the Bidder being found non-responsive and may result in rejection of the Bid.

Modification and Withdrawal of Bids

Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. Withdrawal of a bid will not prejudice the rights of Bidder to file a new Bid.

If within 24 hours after bids are opened, any Bidder files a duly signed written notice with TOHO, and within 48 hours thereafter demonstrates to the reasonable satisfaction of TOHO that: (a) there has been a material and substantial mistake in the preparation of the Bid; (b) the mistake is of such great consequence that to enforce the Contract would be unconscionable; and (c) the mistake occurred notwithstanding the exercise of reasonable care in the preparation of the Bid; the Bidder may withdraw its Bid, and the Bid Security

00100-9 will be returned provided that TOHO is not seriously prejudiced, except for the loss of its bargain. Bidder shall not be allowed to correct a bid with a material and substantial mistake. Thereafter, that Bidder shall be disqualified from further bidding on the work to be provided under the Contract Documents.

Opening of Bids

Public Bid openings are held each Thursday at 2:00 P.M. local time. Public opening of all Bids submitted in response to this IFB will be conducted at the next posted Procurement Public Meeting following the Submittal Deadline. In the event of a Toho Holiday or unforeseen delay, responses shall remain sealed until the next available public meeting.

Bidders and members of the public will be able to attend the public opening virtually. To do so, see the following instructions:

Join by use of the following meeting link:

https://teams.microsoft.com/l/meetup-join/19%3ameeting_OGY3YWMzMjEtOGRjNi00M2JjLTkyNzAtMzc4NThkYWJlYTNk%40th read.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#

An abstract of the amounts of the base Bids and major alternates (if any) will be prepared and made available within a reasonable time after the opening of Bids.

More than one Bid received for the same work from an individual, firm, partnership, corporation, association, or other legal entity under the same or different names shall not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the same work will cause the rejection of all such Bids in which the Bidder is interested. If there are reasonable grounds for believing that collusion exists among the Bidders, the Bids of the participants believed to be in such collusion shall not be considered.

Notwithstanding any other provision contained in the Contract Documents, TOHO reserves the right to reject any and all bids and waive any and all irregularities and the right to disregard any or all nonconforming, unbalanced, or conditional bids or counter proposals. TOHO may reject as non-responsive any or all bids where bidders fail to acknowledge receipt of addenda as prescribed. If TOHO elects not to reject a bid which fails to acknowledge receipt of any addendum, the Bid shall be construed as though the addendum had been received and acknowledged by the Bidder.

Discrepancies between words and figures shall be resolved in favor of words.

Discrepancies between the indicated sum of any column of figures and the correct sum thereof shall be resolved in favor of the correct sum. Discrepancies in the extension of the unit price times the estimated quantity for any line item shall be resolved in favor of the correct extension.

tel:+18722563959,,509407264

00100-10

Bids to Remain Open

As of the bid opening date, Bids received shall be considered irrevocable offers in full force and effect for a period of 90 days after the bid opening date. The forgoing notwithstanding, TOHO may, in its sole discretion, release any Bid and return the Bid Security prior to that date.

Extensions of time when bids shall remain opened beyond the ninety-day period may be made only by mutual agreement between TOHO, the low Bidder, and the Surety, if any, for the low Bidder.

Award of Contract

Award shall be based on products, equipment, and materials named in the Contract Documents. Consideration of and decisions regarding substitution shall not be made until after Award of the Contract.

In evaluating Bids, TOHO shall consider the qualifications of the Bidders, and whether or not the Bids comply with the prescribed requirements. Bidders are hereby notified that §287.05701, Florida Statutes, provides that TOHO may not request documentation or consider a vendor’s social, political, or ideological interests when determining if a vendor is a responsible vendor.

In evaluating Bids, TOHO shall consider the information provided by the Low Bidder as described in these Instructions to Bidders.

The Low Bidder shall submit, upon request of TOHO, documentation evidencing its capability to perform classes of work contemplated, and the necessary plant and sufficient capital to execute the Work properly within the time specified. This information must be received by TOHO within ten days of Bidder receiving written request.

TOHO may require the Low Bidder to submit a certified statement describing his organization, plant, manpower, financial resources and list all previous and/or ongoing construction contracts over the last five years regardless of amount or completion status.

Information shall be submitted on the Associated General Contractors of America Form "Standard Questionnaires and Financial Statement for Bidders" available from AGC, 1957 "E" Street, N.W., Washington, D.C. 20006, or other form acceptable to TOHO. The information shall be certified by a Certified Public Accountant for bids over $25,000.

TOHO, at its discretion, may require any or all of the above listed information from any other Bidder.

TOHO may consider the qualifications and experience of Subcontractors and other persons and organizations (including those who are to furnish the principal items of material or equipment) proposed for those portions of the Work as to which the identify of Subcontractors and other persons and organizations must be submitted as provided in the Supplementary Conditions and Article 14: Subcontractors of these Instructions to Bidders. Operating costs, maintenance, considerations, performance data, and guarantees of materials and equipment may also be considered by TOHO.

TOHO may conduct such investigations and require supplemental information as it deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of the Bidders, proposed Subcontractors, proposed equipment and material suppliers, and other persons and organizations to do the Work in accordance with the Contract Documents to TOHO's satisfaction within the prescribed

00100-11 time.

TOHO reserves the right to reject the Bid of any Bidder who does not pass any such evaluation to TOHO's satisfaction.

TOHO reserves the right to reject the Bid of any Bidder which is behind on the approved completion schedule for any existing contracts with TOHO, or in litigation with TOHO, or has previously defaulted on a contract with TOHO.

Bids shall be analyzed to determine whether they are unbalanced bids with respect to unit priced or individually priced line items. Bids that are materially unbalanced may be rejected. A Bid may be mathematically unbalanced if it is based on prices that are significantly less than the cost for certain line items, significantly overstated in relation to the cost for certain line items, or a combination of both. A bid may be materially unbalanced and:

A. There is reasonable doubt that the bid would result in the lowest overall cost to the Authority, even though it is the lowest evaluated bid; or

B. The bid is so grossly unbalanced that its acceptance would be tantamount to allowing an advance payment.

TOHO reserves the right to reject all Bids.

If the Contract is to be awarded, TOHO will give the Bidder a Notice of Award within 90 days after the day of the bid opening subject to the terms and conditions of these Instructions to Bidders.

TOHO, while reviewing the Bid of the apparent successful Bidder, may reasonably require other Bidders to submit promptly for TOHO inspection, information, including, but not limited to, their responsibility, qualifications, financial ability, proposed Subcontractors and Suppliers, and other necessary information.

Bonds and Insurance

Article 5 of the General Conditions sets forth TOHO's requirements as to Bonds and Insurance.

When the successful Bidder delivers the executed Contract to TOHO, it shall be accompanied by the required Bonds and Insurance Certificates as prescribed by TOHO. TOHO must receive within 45 days after the successful Bidder executed the Contract, copies of all insurance policies for the insurance requirements set forth in the General Conditions. Attorneys-in-fact who sign Bid Bonds, Performance Bonds and Payment Bonds must file with such Bonds a certified copy of their power-of-attorney to sign the Bonds.

Signing of Agreement

When TOHO gives a Notice of Award to the successful Bidder, it will be accompanied by two unsigned counterparts of the Contract and all other Contract Documents. Within 15 days of receipt thereafter, successful Bidder shall sign and deliver at least two counterparts of the Contract to TOHO together with the documents described in Articles 19 and 20 above attached.

Failure by a successful Bidder to whom the Contract is awarded to execute the Contract or to correctly complete or furnish the required Bonds or insurance certificates or to comply with other requirements of the Contract Documents shall be just cause for the annulment

00100-12 of the award and the forfeiture of the Bid Security.

A successful Bidder who is awarded the Contract and fails to execute the agreement or correctly complete, furnish the required Bonds and insurance certificates within the time period specified in Article 20 above, and/or fails to comply with any other requirements shall be liable to TOHO for all damages resulting therefrom including reasonable attorneys' fees and costs, and attorneys' fees and cost on appeal. The Bid Security forfeited shall not be limitation thereon.

Schedule Submittals

Within 10 days following receipt of written request by TOHO, the bidder shall submit a preliminary progress schedule in accordance with appropriate formats set forth in the General Requirements. This schedule shall show in a summary fashion the order in which the Bidder proposes to perform the work and shall indicate approximate starting and completion dates for the major work elements.

This progress schedule shall not replace, but serve as a basis for, the progress schedule submittals to be developed as required in the Specifications. Failure by the Bidder to furnish these Schedule Submittals, as required in a sufficiently complete and responsible manner shall void evaluation of the Bid, and will constitute proof that the Bidder has abandoned all his rights and interests in the award, and his Bid Security may be declared forfeited to the TOHO as liquidated damages and the work may be awarded to another Bidder.

Concurrent Work by Others

Bidders are advised that there are or may be other contractors working at the project site concurrent with the construction of the Work described in this solicitation. Accordingly, Bidders should consider the limitations to site access and the construction sequencing described in the Contract Documents when preparing this Bid.

If areas are designated in the Contract Documents which are to be shared with other contractors and these areas must be disrupted, the CONTRACTOR shall provide alternate acceptable access for other contractors.

CONTRACTOR is required to coordinate his activities in the designated areas described above with other contractors working at the project site. CONTRACTOR must submit to the ENGINEER a description and schedule as to how the designated areas will be utilized, recognizing the required coordination with other contractors.

Special Warranty, Guaranty, Guarantee, Bonds Insurance Maintenance, and Correction Period Requirements

There may be special requirements pertaining to Warranty, Guarantee, Bonds, Insurance, Maintenance and the Correction Period, which are described in the Contract Documents. Bidders should review these special requirements, if applicable, and reflect in their bids all costs associated therewith.

Federally Assisted Construction Contracts

This project as defined in the Contract Documents will receive Federally Assisted Funding through the Environmental Protection Agency (EPA) Water Infrastructure Financing and

00100-13

Innovation Act (WIFIA) 33 U.S.C.§3901 et seq. As a result, the awarded Bidder will be required to comply with, and assist Toho in its own compliance with, the WIFIA program’s requirements as are applicable.

Before submitting a Bid, each Bidder must examine and familiarize himself with the requirements of a Federally Assisted Construction Contract as required of the Contract Documents, specifically Section 00900 – Federally Assisted Construction Contract Terms and Conditions.

EPA Submittals

For Federally Assisted Wastewater Facilities Contracts, the Bidder is required to submit to Toho within ten days after the opening of Bids those items listed in Section 00900: Federally Assisted Construction Contract Terms and Conditions, Attachments No. 6 (p. EPA-38 of 49) and No. 9 (p.

EPA-46 of 49).

Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246) located at 41 CFR § 60-4.2

The Bidder’s attention is called to the “Equal Opportunity Clause” and the “Standard Federal Equal Employment Specifications” set forth herein.

The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor’s aggregate workforce in each trade on all construction work in the covered area, are as follows:

Timetables Goals for Minority

Participation for Each Trade(1)

Goals for Female Participation for Each Trade(2)

Osceola County 15.5 %

Polk County 18 %

6.9%

Note:

1. https://www/dol.gov/agencies/ofccp/construction

2. National goal for all areas.

3. These goals are applicable to all the Contractor’s construction work (whether or not it is

Federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed.

With regard to this second area, the Contractor is also subject to the goals for both its federally involved and non-federally involved construction.

The Contractor’s compliance with the Executive Order and the regulations in 41 CFR part 60-4 shall be based upon its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority and female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor’s goals shall be a violation of this Contract, the Executive Order, and the regulations in 41 CFR part 60-4. Compliance with the goals will be measured against the https://www/dol.gov/agencies/ofccp/construction

00100-14 total work hours performed.

The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor;

estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed.

As used in this Notice, and in the contract resulting from this solicitation, the “covered area” is either Osceola or Polk County, Florida, as applicable.

Drug-Free Workplace Compliance

The Contractor shall comply with all provisions of the Drug-Free Work Place Act of 1988, 41 U.S.C. §8101 et seq., as amended. The Contractor shall commit to comply with this requirement by completing the Drug Free Workplace Compliance Form in Section 00330:

Bid Form Attachments, which is to be submitted with their Bid.

END OF SECTION 00100

SECTION 00300

CONSTRUCTION BID FORM

00300-1

IFB No.: IFB-26-034 Issue Date: Sunday, August 16, 2026 Project Title: South Doverplum Avenue Water Main Project – a

WIFIA Funded Project

Bidder Name:

Submittal Instructions To respond to the IFB with the above-referenced number and Project title,…

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