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HomeMy WebLinkAboutAaron's Backflow Services, INC. Piggyback Rider Agreement for Backflow Survey and Inspections, Maintenance and Installation Services 2026 08 17PIGGYBACK RIDER AGREEMENT FOR BACKFLOW SURVEY AND INSPECTION, MAINTENANCE AND INSTALLATION SERVICES THIS "PIGGYBACK" RIDER AGREEMENT FOR BACKFLOW SURVEY AND INSPECTION, MAINTENANCE AND INSTALLATION SERVICES ("Agreement") is made and entered into this day of ' 2026, by and between the CITY OF WINTER SPRINGS, a Florida municipal c poration whose address is 1126 E. State Road 434, Winter Springs, Florida 32708 ("City"), and AARON'S BACKFLOW SERVICES, INC., a Florida profit corporation with a principal address at 130 Middle Street, Lake Mary, Florida 32746 ("Contractor") (collectively the *'Parties"), The Parties agree as follows: l . The Purchasing Policies of the City of Winter Springs allow for "piggybacking" contracts. Pursuant to this procedure, the City is allowed to "piggyback" an existing government contract, without the need to obtain formal or informal quotations, proposals, or bids. The parties agree that the Contractor has entered into a contract with the Tohopekaliga Water Authority (an independent special district established and created pursuant to Chapter 189, Florida Statutes, by special act of the Florida Legislature) (the "Original Government Agency"), said contract being identified as the AGREEMENT FOR BACKFLOW SURVEY AND INSPECTION, MAINTENANCE AND INSTALLATION SERVICES, dated June 10, 2026, (said original contract being referred to as the "Original Government Contract"), 2. The Original Government Contract, including all associated Contract Documents, E?xhibits, and Attachments as defined in the Original Government Contract, is incorporated herein by reference and is attached as Exhibit "A" to this Agreement. The Invitation for Bids associated Nvith the Original Government Contract for Bid No. IFB-26-008 is incorporated herein by reference and is attached to Exhibit "A." The Contractor's Response to 11--B-26-008 is incorporated herein by reference and is attached to Exhibit "A."AII terms and conditions set forth in the Original Government Contract (Exhibit "A"). Invitation for Bid (Exhibit "A"). and Contractor's Response (Exhibit "A") are fully binding on the parties, and said terms and conditions are incorporated herein except to the extent expressly modified herein. 3. Notwithstanding the requirements that the Original Government Contract, Solicitation, and Contractor's Response are fully binding on the Parties, the Parties have agreed to modify certain provisions of the aforementioned Contract Documents as applied to this Agreement between the Contractor and the City of Winter Springs, as follows: Notwithstanding anything to the contrary, the following terms shall be substituted throughout the Original Government Contract, Exhibit "A." "Tohopekaliga Water Authority" or "Tolio Water Authority" shall be substituted by "City of Winter Springs." All references to "Tolio" shall be replaced with references to the "City." All references to the County's representative staff members and other personnel shall be replaced with references to the City of Winter Springs City Manager or his designee. Piggyback Rider Agreement City of winter Springs and .Aaron's Backilow Services, Inc. Page 1 of 7 b. The pricing under the Original Government Contract shall remain firm throughout the duration of this Agreement. Price increases agreed to by the Original Government Agency after the Effective Date of this Agreement shall not be binding upon the City of Winter Springs unless an Amendment to this Agreement is properly executed by an authorized representative of the City of Winter Springs. c. Services provided to the City under this Agreement shall be performed on a Task Order, Purchase Order, or Release Order basis, as such services are requested by the City. The City will not accept any goods delivered or services performed unless a duly authorized Purchase, Task, or Release Order has been issued for said goods or services. The pricing for such services shall be consistent with the Revised Bid Form attached to Exhibit "A." The amount set forth in any individual Task Order, Purchase Order, or Release Order entered into under this Agreement shall not exceed fifty thousand dollars (S50,000) without the prior authorization of the Winter Springs City Commission. The remainder of the Original Government Contract's price terms shall remain unchanged. d. Invoices shall be submitted, referencing this contract and any Release, Purchase, or Task Order to: City of Winter Springs Attn: Finance Department 1126 East .State Road 434 Winter Springs, Fl- 32708 e. The term of this Agreement with the City of Winter Springs shall take effect on the date of execution by the City and Contractor ("Effective Date") and shall continue through July 31, 2028. Following the expiry of the Initial Term, this Agreement may be renewed for two (2) successive periods not to exceed one (I ) year each upon the mutual written consent of both Parties. f. Order of Precedence: Contract Documents, The Original Government Contract shall be amended to provide that the Contract Documents shall consist of: (1) this Piggyback Rider Agreement; (2) the Original Government Contract, together with all exhibits, attachments, and duly executed amendments thereto; and (3) Solicitation documents for solicitation No. IFB-26-008 together with all addenda thereto issued by the Original Government Agency and the Contractor's Response thereto; and (4) any and all Specifications. Amendments, Purchase. Orders, Task Orders, Change Orders, and/or Field Orders issued after the Effective Date of this Agreement by the City of Winter Springs. The order of precedence will be as follows in the event of a conflict among the Contract Documents: properly executed Purchase Orders, Change Orders, Field Orders, and/or Amendments issued after the Effective Date of this Agreement; this Piggyback Rider Agreement; the Original Government Contract; and the Invitation for Bid for Original Piggyback Rider Agreement City of winter Springs and .Aaron's Backflow Services, Inc. Page 2 of 7 Solicitation No. 11713-26-008doeuments, with all addenda thereto and Contractor's Response thereto. g. Insurance. The City shall be named an additional insured under the Contractor's commercial general liability, umbrella liability, and comprehensive automobile policies. Certificate Holder address shall read: City of Winter Springs Attn: Finance Department 1126 East State Road 434 Winter Springs, FL 32708 The remainder of the insurance requirements presented in Exhibit "A" shall be unchanged. h. Public Records, Section 12 of the Original Government Contract shall be amended to additionally, include: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO ITS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: City Clerk, City of Winter Springs, 1126 East State Road 434, Winter Springs, FL 32708 or City-Clerk- Departmentgwintersprings fl.org or (407) 327-6560. Pursuant to Florida Statutes Section 1 19.071(3)(b). Contractor shall maintain the exempt status of all records concerning building plans, blueprints, schematic drawings, and diagrams which depict the internal layout and structural elements of a building, arena, stadium, water treatment facility, or other structure owned or operated by the City. If Contractor fails to comply Nvith this Section, and the City must enforce this Section, or the City suffers a third party award of attorney's fees and/or damages for violating Chapter 119, Florida Statutes, due to Contractor's failure to comply with this Section, the City shall collect from Contractor prevailing party attorney's fees and costs, and any damages incurred by the City, for enforcing this Section against Contractor, And, if applicable, the City shall also be entitled to reimbursement of all attorneys' fees and damages which the City had to pay a third party because of the Contractor's failure to comply with this Section. Piggyback Rider Agreement City of Winter Springs and Aaron's Backnow Services, Inc. Page 3 of 7 i. Miscellaneous. The following provisions are hereby added to or modified from the Original Government Contract. To the extent the terms and conditions below may conflict with terms and conditions contained in Exhibit "A" the terms and conditions as set forth below shall control. 1, Notices to the City shall be delivered to: City of Winter Springs Attn: City Manager 1126 E. State Road 434 Winter Springs, Florida 32708 Any Notice given as provided herein shall be deemed received as follows: if delivered by personal service, on the date so delivered; if' delivered to an overnight courier service, on the business day immediately following delivery to such service; and if mailed, on the third business day after mailing 2. The City intends to avail itself of the benefits of Section 768,28, Florida Statutes and any other statutes and common law governing sovereign immunity to the fullest extent possible. Neither this provision nor any other provision of this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. Contractor agrees that City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, City shall not be liable for any claim or judgment, or portion thereof, to any one person for over two hundred thousand dollars ($200,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence. exceeds three hundred thousand dollars ($300,000.00). Nothing in this Agreement is intended to inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred under the doctrine of sovereign immunity or by operation of law. This paragraph shall survive termination of this Agreement. 3. Should either party bring an action to enforce any of the terms of this Agreement, each party shall bear its own costs and expenses of such action including, but not limited to, reasonable attorney's fees, whether at settlement, trial or on appeal, 4. The parties agree that should any dispute arise between them regarding the terms or performance of this Agreement, both parties will participate in mediation. The parties agree to equally share the cost of the mediator. Should the parties fail to resolve their differences through mediation, any cause of action tiled hereunder shall be Filed in the Circuit or County Court for Seminole Piggyback Rider Agreement City of Winter Springs and Aaron's Backnow Services, file. Page 4 of 7 County, Florida, for state actions, or the Middle District of Florida. Orlando Division, for federal actions. 5, Force Majeure. Any delay or failure of either party in the performance of its required obligations hereunder shall be excused if and to the extent caused by acts of God, fire, flood, windstorm, explosion, riot, war, sabotage, strike (except involving Contractor's labor force), extraordinary breakdown of or damage to City's facilities, court injunction or order, federal and/or state law and/or regulation, or order by any other regulatory agency. provided that the prompt notice of such delay is given by such party to the other and each of the parties hereto shall be diligent in attempting to remove such cause or causes. If any circumstance of Force Nlajeure remains in effect for sixty (60) clays or longer, either party may terminate this Agreement. Monetary damages will not be awarded to Contractor in the event of Force Majeure. 6. The Contractor shall seek prior written approval from the City for any necessary lane closure requests before closing, blocking, or barricading ally lanes oftraffic is on roadways within the City. 7. This Agreement shall be governed by the laws of the State of Florida. j. Services. Notwithstanding anything in Exhibit "A" to the contrary, for all Purchase, Release, or Task Orders issued pursuant to this Agreement, the Contractor will generate a detailed Scope of Work document, prepare a Schedule, add a Not -to -Exceed Budget or Lump Sum Fee to accomplish the task with a detailed cost breakdown based on the price schedule contained in Exhibit "A" and send the thus developed "Task Proposal" to the City. The maximtun unit prices, as applicable, that can be charged under this Agreement by Contractor, unless otherwise agreed by the City in writing, are set forth in Exhibit "A." [Signalums to Folloit J Piggyback Rider Agreement City of Winter Springs and Aaron's Backflow Services, Inc. Page 5 of 7 IN WITNESS WHEREOF, authorized representatives of the CITY and the CONTRACTOR have executed this Piggyback Rider to the Original Government Contract on the date below noted. CITY: INC. evin weet City Manag Date: / ATTEST: Y/1� City Clerk AARON'S BACKFLOW SERVICES, Print: . A(Dy\, Title: (t��,� i(� �- Date: 1-,).- of W i) t, c o rp, � J9 Sy o� County F10��a Piggyback Rider Agreement City of winter Springs and Aaron's Backflow Services. Inc. Page 6 of 7 EXHIBIT A ORIGINAL GOVERNMENT CONTRACT ITB-26-008, and CONTRACTOR'S RESPONSE TO ITB Piggyback Rider Agreement City of Winter Springs and Aaron's Backflo%v Services, Inc. Page 7 of 7 IFB-26 008 AGREEMENT FOR BACKFLOW SURVEY AND INSPECTION, MAINTENANCE AND INSTALLATION SERVICES THIS AGREEMENT FOR BACKFLOW SURVEY AND INSPECTION, MAINTENANCE AND INSTALLATION SERVICES (the "Agreement") is made and entered into between TOHOPEKALIGA WATER AUTHORITY, an independent special district established and created pursuant to Chapter 189, Florida Statutes, by special act of the Florida Legislature, and with a principal address of 951 Martin Luther King Boulevard, Kissimmee, Florida 34741 ("Toho") and AARON'S BACKFLOW SERVICES, INC.; a Florida Profit Corporation, with a principal address of 130 Middle Street, Lake Mary Florida 32746 (the "Contractor"). Toho and the Contractor may be individually referred to as a "Party" or collectively as the "Parties". RECITALS. WHEREAS, Toho has competitively solicited for the Backflow Survey and Inspection, Maintenance and Installation Services pursuant to IFB-26-008 (the "Solicitation"), a copy of which is attached, including all Addendums, incorporated by reference as Exhibit "A", and made a material part of this Agreement; and WHEREAS, Toho has determined that it is in its best interest to award contracts to two vendors for the provision of services under this Solicitation; and WHEREAS, the Contractor has exhibited by its response to the Solicitation, a copy of which is attached, incorporated by reference as Exhibit "B", and made a material part of this Agreement, that it is capable of providing the required services; and WHEREAS, in addition to the Contractor, National Metering Services, Inc. (the "Additional Contractor") submitted its response and was chosen to provide services under this Solicitation; and WHEREAS, the Parties hereto have agreed to enter into this Agreement, in accordance with the terms and conditions based on the Solicitation and as more specifically set forth herein. NOW, THEREFORE, in consideration of the mutual covenants, terms, and provisions contained herein, the Parties agree as follows: SECTION 1. RECITALS. The above recitals are true and correct and form a material part of this Agreement. SECTION 2. TERM. The term of this Agreement shall become effective July 1, 2026 and shall continue through July 31, 2028. This Agreement may be renewed subject to written notice of agreement executed by both Parties, for up to two additional one-year periods. SECTION 3. SCOPE OF SERVICES. The Contractor shall provide those goods and services specified in Section Four — Technical Specifications or Scope of Services of Exhibit "A" IFB-26 008 (collectively the "Services"), in compliance with the terms and conditions of this Agreement, as well as those found in the solicitation document attached as Exhibit "A". If there is a conflict between the provisions of either Exhibit "A" and this Agreement, the terms of this Agreement shall prevail. SECTION 4. OBLIGATIONS OF THE CONTRACTOR. Obligations of the Contractor shall include, but not be limited to, the following: A. The Contractor shall provide and pay for all labor, tools, materials, permits, equipment, transportation, supervision, and any other items or services, of any type whatsoever, which are necessary to billy complete and deliver the Services requested by Toho. The Contractor shall not have the authority to create, or cause to be filed, any liens for labor and/or materials on, or against, Toho, or any property owned by Toho. Any such lien, attachment, or encumbrance, until removed, shall preclude any claims or demands by the Contractor for any payment expected by virtue of this Agreement. B. The Contractor shall ensure that all of its employees, agents, subcontractors, representatives, volunteers, and any other associates frilly comply with all of the terms and conditions set forth herein when providing Services for Toho under this Agreement. C. The Contractor shall be solely responsible for the means, methods, techniques, sequences, safety programs, and procedures necessary to properly and fully complete the work outlined in the Scope of Services. D. The Contractor shall maintain adequate and competent staff, and remain authorized to do business within the State of Florida for the term of this Agreement, including renewals. The Contractor may subcontract the Services requested by Toho, with prior written approval from Toho; however, the Contractor is fully responsible for the satisfactory completion of all subcontracted work. SECTION 5. STANDARD OF CARE A. The Contractor has represented to Toho that it possesses a level of knowledge, experience, and expertise that is commensurate with firms in the areas of practice required for the Services provided under this Agreement. By executing this Agreement, the Contractor agrees that the Contractor will exercise that degree of care, knowledge, skill, and ability as any other similarly situated contractor possessing the degree of skill, knowledge, experience, and expertise within the local area, working on similar activities. The Contractor shall efficiently perform the requested Services, consistent with Exhibit "A" and Exhibit "B", as well as industry standards. The Contractor hereby covenants and agrees that its employees, agents, subcontractors, representatives, volunteers, and any other associates shall likewise be bound by this representation. B. The Contractor covenants and agrees that it and its employees, agents, subcontractors, representatives, volunteers, and the like, shall be bound by the same standards of conduct as stated above. IFB-26 008 SECTION 6. COMPENSATION A. The amount paid under this Agreement for acceptable performance of the services described in Exhibit "A" shall not exceed $6,500,000.00 for the term of the Agreement (the "Not to Exceed Amount"). Compensation shall be based on the unit prices set forth in Exhibit "B", as authorized by Toho through purchase orders issued under this Agreement. The Not to Exceed Amount represents the maximum aggregate compensation payable under this Agreement to the Contractor and the Additional Contractor and does not guarantee any minimum amount of work or payment to either the Contractor or Additional Contractor. B. Toho will not accept any goods delivered or service performed unless a duly authorized Purchase Order has been issued for said goods and/or services. The Purchase Order number must appear on all invoices, packing slips, and all correspondence concerning this order. C. Compensation for Services completed by the Contractor shall be paid in accordance with section 218.70, Florida Statutes, Florida's Local Government Prompt Payment Act. D. Services performed in accordance with this Agreement are subject to the annual appropriation of funds by Toho. Toho reserves the right, in its sole discretion, to forego the Contractor's use for any project that may fall within the Scope of Services listed herein. in the event Toho is not satisfied with the Services provided by the Contractor, Toho will hold any amounts due until such time as the Contractor has appropriately addressed the problem to the satisfaction of Toho. E. The obligation of Toho to proceed under this Agreement is conditioned upon the appropriation of funding by Toho's Board of Supervisors. If the finding anticipated for the fulfillment of this Agreement is, at any time, not forthcoming or otherwise insufficient, Toho shall have the right, in its sole discretion, to terminate or suspend this Agreement without damage, penalty, cost, or expense to Toho of any kind whatsoever. The effective date of any such termination or suspension shall be as specified in Toho's notice of termination or suspension. Toho shall have the final authority over whether such funding is available. SECTION 7. TERMINATION A. Termination for Convenience. Toho may terminate this Agreement for convenience by providing written notice to the Contractor no fewer than 30 days prior to such termination. In the event of such a termination for convenience by Toho, the Contractor shall be paid for all authorized Services provided before the effective date of termination. No other damages, fees, or costs may be assessed against Toho for its termination of this Agreement for convenience. B. Termination for Cause 1. Immediate Termination. Toho reserves the right to "Immediate Termination" of this Agreement, with such termination to be effectuated as of the Contractor's receipt of written notice, for any number of the following causes all of which shall constitute a material breach of this Agreement by the Contractor: (a) the amount invoiced by the Contractor exceeds the Not to Exceed Amount; (b) the Contractor files for bankruptcy, becomes insolvent, or is adjudged bankrupt or insolvent by any Court, (c) a receiver of the property of the Contractor is appointed in any proceeding brought by or against the Contractor; (d) the Contractor is determined to be ineligible to do business in the State of Florida; (e) if IFB-26 008 the Contractor is a non-profit agency, loss by the Contractor of its non-profit status; or (f) as otherwise expressly provided for in this Agreement. 2. Standard Termination for Cause. For breaches of this Agreement for which Immediate Termination does not apply, Toho may terminate this Agreement for cause upon providing written notice to the Contractor no fewer than 5 business days prior to such termination. Such termination for cause may be for any material breach of this Agreement, or if Toho, using its sole discretion, determines that the Contractor is unable to adequately perform under this Agreement. 3. Opportunity to Cure. Without creating an obligation to provide an opportunity to cure or to accept any proposed cure by the Contractor, Toho reserves the right to provide the Contractor with the opportunity to cure a stated breach of this Agreement. If Toho decides to provide such an opportunity to cure, it shall: (a) include such opportunity to Cure as part of its notice of termination; and (b) provide a deadline deemed appropriate by Toho by which the Contractor must cure or, only if expressly permitted by Toho, submit its proposed cure to Toho. Toho has no obligation whatsoever to accept any proposed cures submitted by the Contractor. 4. Payment in the Event of Termination for Cause. In the event of termination of this Agreement due to the fault of the Contractor, at the written request of the Contractor, Toho shall compensate the Contractor for all authorized Services completed, before the effective date of termination, which has resulted in a usable product or otherwise tangible benefit to Toho. All such payments shall be subject to an offset for any damages incurred by Toho resulting from the Contractor's breach of this Agreement and any delay occasioned by early termination. No damages, fees, or costs may be assessed against Toho for its termination of this Agreement for cause. 5. In the Event of Wrongful Termination for Cause. If a court of competent jurisdiction determines that this Agreement was wrongfully terminated for cause, then the Contractor's damages for such termination, if any, shall be the same as if Toho had terminated this Agreement for convenience. C. In the Event of Termination. In the event of termination of this Agreement, whether for convenience or cause, the Contractor shall, unless otherwise expressly provided by Toho in its notice of termination: (1) maintain the same service level at which it was providing the Services prior to its receipt of Toho's notice of termination; (2) not be permitted to incur any additional obligations or enter into any additional subcontracts to provide the Services; (3) finalize all necessary reports, invoices, and other documentation required under the terms of this Agreement up to the effective date of termination. SECTION 8. INSURANCE A. The Contractor shall procure and maintain the following types of insurance, with the respective linnits, and shall provide proof of the same to Toho, in the form of a Certificate of Insurance prior to the start of any work hereunder: IFB-26 008 1. Worker's Compensation: The Contractor shall provide Worker's Compensation coverage for all employees at the site location and, in the case any work is subcontracted, shall require the subcontractor to provide Worker's Compensation for all its employees. The limits shall be statutory for Worker's Compensation and $1,000,000.00 for Employer's Liability. 2. Commercial General Liability: The Contractor shall provide for all operations including, but not limited to, Contractual and products -Completed Operations. The limits shall not be less than $1,000,000.00. 3. Comprehensive Automobile Liability: The Contractor shall provide coverage for all owned and non -owned vehicles for limits not less than $1,000,000.00. 4. Umbrella Liability: The Contractor shall provide an umbrella policy in excess to the coverages provided for in the above paragraphs of not less than $1,000,000.00. B. The Contractor shall name "Toho Water Authority" as a certificate holder and as additional insured, to the extent of the Services to be provided hereunder, on all required insurance policies, except for the Worker's Compensation policy, and provide Toho with proof of the same. C. The Contractor, and any authorized subcontractor(s), shall provide Toho's Procurement Division with a Certificate of Insurance evidencing such coverage for the duration of this Agreement. The Certificate of Insurance shall be dated and show: l . The name of the insured Contractor; 2. The specified job by name and job number; 3. The name of the insurer; 4. The number of the policy; S. The effective date; 6. The termination date; and 7. A statement that the insurer will mail notice to Toho at least 30 days prior to any material changes in the provisions or cancellation of the policy. D. Receipt of certificates or other documentation of insurance or policies or copies of policies by Toho, or by any of its representatives, which indicates less coverage than is required, does not constitute a waiver of the Contractor's obligation to fulfill the insurance requirements specified herein. E. The Contractor shall ensure that any subcontractor(s), hired to perform any of the duties contained in the Scope of Services of this Agreement, procure and maintain the same insurance requirements as set forth herein. In addition, the Contractor shall maintain proof of the same on file and made readily available upon request by Toho. SECTION 9. TOHO OBLIGATIONS. At the Contractor's request, Toho agrees to provide, at no cost to Toho, all pertinent information known to be available to Toho to assist the Contractor in providing and performing the required Services. IFB-26 008 SECTION 10. DOCUMENTS CONSTITUTING ENTIRE AGREEMENT A. The following documents are hereby incorporated and made part of this Agreement: 1. Exhibit "A" — Solicitation documents i1713-26-008, including all Addendums 2. Exhibit "B" — Response submitted by the Contractor B. In the event of a conflict between the covenants, terms, and/or provisions of this Agreement and Exhibits "A" and "B", the provisions of the Agreement shall take precedence, followed by Exhibit A. SECTION 11. APPLICABLE LAW, VENUE, JURY TRIAL A. The laws of the State of Florida shall govern all aspects of this Agreement. In the event it becomes necessary for either Party to initiate legal action regarding this Agreement or the performance of the associated Services, venue shall lie in Osceola County, Florida. The Parties hereby waive their right to trial by jury in any action, proceeding, or claim, arising out of this Agreement, which may be brought by either of the Parties. B. In all respects, this Agreement shall be governed by and construed in accordance with the laws of the State of Florida without giving effect to any choice of law rules thereof that may direct the application of the laws of another jurisdiction. SECTION 12. PUBLIC RECORDS COMPLIANCE. A. The Contractor understands that by virtue of this Agreement all of its documents, records, and materials of any kind, relating to the relationship created hereby, shall be open to the public for inspection by Florida law.1 fthe Contractor shall act on behalf of Toho, as provided under section 119.01 ] (2), Florida Statutes, as amended, the Contractor, subject to the terms of section 287.058(1)(c), Florida Statutes, as amended, and any other applicable legal and equitable remedies, shall: 1. Keep and maintain public records that ordinarily and necessarily would be required by Toho in order to perform the Services; and 2. Provide the public with access to public records on the same terms and conditions that Toho would provide the records and at a cost that does not exceed the cost provided by Florida law; and 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and 4. Meet all requirements for retaining public records and transfer, at no cost, to Toho all public records in possession of the Contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirement. All records stored electronically must be provided to Toho in a format that is compatible with the information technology systems of Toho; and 5. if the Contractor does not comply with a public records request, Toho shall enforce the contract provisions in accordance with the Agreement. IFB-26 008 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE FOLLOWING: RECORDS RETENTION, 951 MARTIN LUTHER KING BLVD. KISSIMMEE, FL 347419 PUBLICRECORDSREOUESTS6ii),TOHOWATER.COM9 (407) 483-3822. SECTION 13. INDEPENDENT CONTRACTOR. This Agreement does not create an employee/employer relationship between the Parties. It is the Parties' intention that the Contractor, its employees, subcontractors, representatives, volunteers, and the like, will be an independent contractor and not an employee of Toho for all purposes, including, but not limited to, the application of the following, as amended: the Fair Labor Standards Act minimum wage and overtime payments; the Federal Insurance Contribution Act; the Social Security Act; the Federal Unemployment Tax Act; the provisions of the internal Revenue Code; the State of Florida revenue and taxation laws; the State of Florida workers' compensation laws; the State of Florida unemployment insurance laws; and the Florida Retirement System benefits. The Contractor will retain sole and absolute discretion in the judgment of the manner and means of carrying out the Contractor's activities and responsibilities hereunder. SECTION 14. APPLICABLE LICENSING. The Contractor, at its sole expense, shall obtain all required federal, state, and local licenses, occupational and otherwise, required to successfully provide the Services set forth herein. SECTION 15. COMPLIANCE WITH ALL LAWS. The Contractor, at its sole expense, shall comply with all laws, ordinances, judicial decisions, orders, and regulations of federal, state, Toho, and municipal governments, as well as their respective departments, commissions, boards, and officers, which are in effect at the time of execution of this Agreement or are adopted at any time following the execution of this Agreement. SECTION 16. INDEMNIFICATION. To the fullest extent permitted by law, the Contractor shall defend, indemnify, and hold harmless Toho, its officials, agents, and employees from, and against, any claims, suits, judgments, demands, liabilities, damages, costs, and expenses (including, but not limited to attorneys' fees, paralegals' fees, consultants' fees, and costs at all administrative, pretrial, trial, and appellate levels) of any kind or nature whatsoever, arising directly or indirectly out of or caused, in whole or part, by any act or omission of the Contractor or its subcontractors (if any), anyone directly or indirectly employed by them, or anyone for whose acts any of them may be liable. SECTION 17. SOVEREIGN IMMUNITY. Tolio expressly retains all rights, benefits, and immunities of sovereign immunity by section 768.28, Florida Statutes. Notwithstanding anything outlined in any section, article, or paragraph of this Agreement to the contrary, nothing in this Agreement shall be deemed as a waiver of sovereign immunity or limits of liability, which may have been adopted by the Florida Legislature or may be adopted by the Florida Legislature, and the cap on the amount and liability of Toho for damages, attorney fees, and costs, regardless of the IFB-26 008 number or nature of claims in tort, equity, or contract, shall not exceed the dollar amount set by the Florida Legislature for tort. Nothing in this Agreement shall inure to the benefit of any third party to allow any claim against Toho, which would otherwise be barred under the Doctrine of Sovereign Immunity or operation of law. SECTION 18. BINDING EFFECT. This Agreement shall be binding upon and inure to the benefit of the Parties hereto, their heirs, personal representatives, successors, and/or assigns. SECTION 19. ASSIGNMENT. This Agreement shall only be assignable by the Contractor upon the express written consent of Toho. SECTION 20. SEVERABILITY. All clauses found herein shall act independently of each other. if any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or otherwise unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. SECTION 21. WAIVER. Failure of the Parties to insist upon strict performance of any of the covenants, terms, provisions, or conditions of this Agreement, or to exercise any right or option herein contained, shall not be construed as a waiver or a relinquishment for the future of any such covenant, term, provision, condition, or right of election, but same shall remain in full force and effect.. SECTION 22. NOTICE. The Parties hereto agree and understand that written notice, mailed or delivered to the last known mailing address, shall constitute sufficient notice to Toho and the Contractor. All notices required and/or made pursuant to this Agreement to be given to Toho and the Contractor shall be in writing and given by way of the United States Postal Service, first-class mail, postage prepaid, addressed to the following addresses of record: Toho: Tolhopekaliga Water Authority Attention : Procurement Services Department 951 Martin Luther King Blvd Kissimmee, Florida 34741 Contractor: Aaron's Backflow Services, Inc. 130 Middle Street Lake Mary, Florida 32746 SECTION 23. MODIFICATION. The covenants, terms, and provisions of this Agreement may be modified by way of a written instrument, mutually accepted by the Parties hereto. In the event of a conflict between the covenants, terms, and/or provisions of this Agreement and any written Amendment(s) hereto, the provisions of the latest executed instrument shall take precedence. SECTION 24. HEADINGS. All headings of the sections, exhibits, and attachments contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit, or change the provisions contained in such sections, exhibits, and attachments. IFB-26 008 SECTION 25. ADMINISTRATIVE PROVISIONS. in the event Toho issues a purchase order, memorandum; letter, or any other instrument addressing the Services, work, and materials to be provided and performed pursuant to this Agreement, it is hereby specifically agreed and understood that any such purchase order, memorandum, letter, or other instrument is for Toho's internal purposes only, and any and all terms, provisions, and conditions contained therein, whether printed or written, shall in no way modify the covenants, terms, and provisions of this Agreement and shall have no force or effect thereon. SECTION 26. CONFLICT OF INTEREST. The Contractor warrants that the Contractor has not employed or retained any company or person, other than a bona tide employee working solely for the Contractor, to solicit or secure this Agreement, and that the Contractor has not paid or agreed to pay any person, company, corporation, individual, or firm any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this Paragraph, Toho shall have the right to terminate this Agreement immediately, without liability and without regard to the notice requirements of Section 7 hereof. SECTION 27. FLORIDA VENDOR ELIGIBILITY A. Public Entity Crimes. Contractor hereby represents, warrants, and certifies that: (a) neither Contractor, nor one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of Contractor, nor any affiliate of the entity, has been charged with and convicted of public entity crime subsequent to July 1, 1989; (b) Contractor has not been placed on any convicted vendor list by the State of Florida and that it will not utilize any funding provided pursuant to this Agreement to subcontract with any vendor that has been placed on any such convicted vendor list; (c) Contractor has read and reviewed the provisions, requirements, and prohibitions of Florida's Public Entity Crime Act, Section 287.133, Florida Statutes, and hereby affirms its compliance therewith. For the purposes of this provision, the terms "public entity crime", "convicted", and "affiliate" shall be as defined in Section 287.133, Florida Statutes. B. Scrutinized Companies 1. Contractor hereby represents, warrants, and certifies that: (i) Contractor is not on Florida's Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, nor is it engaged in a boycott of Israel; and (ii) Contractor has read and reviewed the provisions, requirements, and prohibitions of Florida's prohibition against contracting with scrutinized companies, as found in Section 287.135, Florida Statutes, and hereby affirms its compliance therewith. 2. If the value of this Agreement meets or exceeds $1,000,000, then Contractor hereby additionally represents, warrants, and certifies that: (i) Contractor is not on the "Scrutinized Companies with Activities in Sudan List" or the "Scrutinized Companies with Activities in the Iran Terrorism Sectors List", created pursuant to Section 215.473, Florida Statutes; and (ii) is not engaged in business operations in Cuba or Syria. 3. 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, Toho IFB-26 008 shall have the option to terminate this Agreement and shall have the right to, notwithstanding anything to the contrary in this Agreement, pursue all remedies available to it in equity and at law. C. Discriminatory Vendors. Contractor hereby represents, warrants, and certifies that entering into this Agreement will not violate Section 287.134, Florida Statutes, which provides that an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of 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. D. Anti -Trust Violators. Contractor hereby represents, warrants, and certifies that entering into this Agreement will not violate Section 287.137, Florida Statutes, which provides that a person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply for any new contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply for a new contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on new leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a new contract with a public entity; and may not transact new business with a public entity. E. Countries of Foreign Concern. Contractor hereby represents, warrants, and certifies that entering into this Agreement will not violate Section 287.138, Florida Statutes, which provides that Toho may not enter into a contract with an entity that gives access to an individual's personal identifying information if the entity is owned, controlled, or organized under the laws of a Foreign Country of Concern which includes: the People's Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People's Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolas Maduro, the Syrian Arab Republic, or any other entity or agency under the significant control of such Foreign Country of Concern. F. Common Carrier. If Contractor meets the definition of "Common Carrier" under Section 908.111, Florida Statutes, then Contractor shall execute an attestation in conformity with Section 92.525, Florida Statutes, that the common carrier or contracted carrier is not willfully providing and will not willfully provide any service during the contract term in furtherance of transporting a person into the State of Florida knowing that the person is an unauthorized alien, except to facilitate the detention, removal, or departure of the person from this state or the United States. Such attestation must be provided to Toho prior to commencement of this Agreement. In accordance with Section 908.111, Florida Statutes, Toho may terminate this Agreement for cause if Contractor is found to be in violation of this provision or its attestation. G. Anti -Human Trafficking. Contractor hereby represents, warrants, and certifies that Contractor does not use coercion for labor or services as defined in Section 787.06, Florida Statutes. Contractor further certifies that it has provided the affidavit required by Section IFB-26 008 787.06(14), Florida Statutes, to Toho. SECTION 28. EMPLOYMENT ELIGIBILITY VERIFICATION (E-VERIFY) A. As a condition precedent to entering into this Agreement, and in compliance with section 448.095, Florida Statutes, the Contractor, and its subcontractors shall register with and use the E-Verify system to verify work authorization status of all employees hired after January 1, 2021. B. The Contractor shall require each of its subcontractors to provide the Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with any unauthorized alien. The Contractor shall maintain a copy of the subcontractor's affidavit as part of and pursuant to the records retention requirements of this Agreement. C. The Contractor, or any subcontractor who has a good faith belief that a person or entity with which it is contracting knowingly violated Section 448.09(1), Florida Statutes, or the provisions of this Section, shall terminate the contract with the person or entity. D. Toho, upon good faith belief that a subcontractor knowingly violated the provisions of this Section, but the Contractor otherwise complied, shall promptly notify the Contractor and the Contractor shall immediately terminate the contract with the subcontractor. E. A contract terminated under the provisions of this Section is not a breach of contract and may not be considered as such. Any contractor terminated under the provisions of this Section may be challenged pursuant to section 448.095(2), Florida Statutes. The Contractor acknowledges that upon the termination of this Agreement by Toho for a violation of this Section by the Contractor, the Contractor may not be awarded a public contract for at least one year. The Contractor further acknowledges that the Contractor is liable for any additional costs incurred by Toho as a result of any contract for a violation of this section. F. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in this Section, including this subsection, requiring the subcontractors to include these clauses in any lower -tier subcontracts. The Contractor shall be responsible for compliance by any subcontractor or lower -tier subcontractor with the clauses set forth in this Section. G. Information on registration for and use of the E-Verify program can be obtained via the internet at the Department of Homeland Security website: http://www.dhs.gov/E-verify SECTION 29. JOINT AUTHORSHIP. This Agreement shall be construed as resulting from joint negotiation and authorship. No part of this Agreement shall be construed as the product of any one of the Parties hereto. SECTION 30. EQUAL OPPORTUNITY EMPLOYER. The Contractor is an Equal Opportunity Employer and will comply with all equal opportunity employment laws. The Contractor will further ensure that all subcontractors it utilizes in providing the Services required under this Agreement will comply with all equal opportunity employment laws. SECTION 31. AUDITING, RECORDS, AND INSPECTION. The Contractor shall keep books, records, and accounts of all activities related to the Agreement, in compliance with generally accepted accounting procedures. All books, records, and accounts related to the performance of this IFB-26 008 Agreement shall be open to inspection during regular business hours by an authorized representative of Toho, and shall be retained by the Contractor for a period of 5 years after termination or completion of the Agreement, or until five years after the full Toho audit is complete, whichever comes later. Toho shall retain the right to audit the books during the applicable retention period. All books, records, and accounts related to the performance of this Agreement shall be subject to the applicable provisions of the Florida Public Records Act, chapter 119, Florida Statutes. Toho also has the right to conduct an audit within 60 days from the effective date of this Agreement to determine whether the Contractor has the ability to fulfill its contractual obligations to the satisfaction of Toho. Toho has the right to terminate this Agreement based upon its findings in this audit without regard to the termination provision set forth herein. SECTION 32. PROJECT MANAGERS. Toho and the Contractor have identified the individuals listed below as Project Managers who shall have the responsibility for managing the work performed under this Agreement. The person or individual identified by the Contractor to serve as its Project Manager for this Agreement, or any replacement thereof, is subject to prior written approval and acceptance by Toho. If Toho or Contractor replace their current Project Manager with another individual, an amendment to this Agreement shall not be required. Toho will notify the Contractor, in writing, if the current Toho Project Manager is replaced by another individual. A. Toho Project Manager's contact information is as follows: Steven Hollingsed, Environmental Supervisor Toho Water Authority Cell 407-837-3384 Email:shollingsed(cutoliowater.com B. The Contractor Project Manager's contact information is as follows: Aaron Vaughan, President Aaron's Backflow Services; Inc. 130 Middle Street Lake Mary, Florida 32746 Phone: 407-829-7933 Email: aaron@aaronbackflow,com SECTION 33. - SIGNATORY. Each signatory below represents and warrants that he or she has the full power and is duly authorized by their respective Party, to enter into and perform under this Agreement. Such signatory further represents that he or she has fully reviewed and understands the terms and conditions set forth in this Agreement, including attachments, and fully intends to abide by and comply with all of the terms and conditions set forth herein. SECTION 34. ELECTRONIC TRANSACTION AND ELECTRONIC SIGNATURES. 1n accordance with Parts I and 11 of Chapter 668, Florida Statutes, the Parties agree that this Agreement may be created, generated, sent, communicated, received, or stored by electronic means and that electronic signatures may be used in the execution of this Agreement with the same force and effect as written signatures. Each Party shall provide any information reasonably IFB-26 008 necessary to confirm the identity and authority of the person signing this Agreement on behalf of the Party. The Parties agree that once fully executed, this Agreement will be stored by Toho as an electronic record and delivered by email transmission to the Parties at the email addresses set forth herein. SECTION 35. PURCHASES OF GOODS. To the extent that this agreement involves the purchase of goods by Toho from the Contractor, the following terms apply: A. Quality. All materials or services furnished must be as specified and subject to Toho inspection after delivery at destination. Variations in materials or services from those specified in this Agreement must not be made without prior written authority from Toho's Procurement Director. Material rejected will be returned and shall be done so at the Contractor's sole risk and expense. B. Quantity/Price. The quantity of materials ordered and/or the prices specified must not be exceeded without written authority from Toho's Procurement Director. C. Patent/Copyright Hold Harmless. The Contractor shall pay all royalties and assume all costs arising from the use of any invention, design, process, materials, equipment, product, or device which is the subject of patent rights or copyrights. The Contractor shall at its own expense, hold harmless and defend Toho against any claim, suit or proceeding brought against Toho which is based upon claim, whether rightful or otherwise, that the goods or services or any part thereof, furnished under this Agreement constitute an infringement of any patent or copyright of the United States. The Contractor shall pay all damages and costs awarded against Toho to include legal fees. D. Packing. If awarded an Agreement, invoices and package lists must clearly be marked with shipper's name, address, Agreement Number, and Purchase Order Number (if applicable). Charges are not allowed for boxing, crating, or special deliveries unless previously agreed upon in writing. E. Delivery. All goods and other materials must be shipped F.O.B. Destination with transportation charges prepaid. If Toho agrees in writing, freight charges may be prepaid by the Contractor and listed on the invoice: however, the Contractor retains title and assumes all responsibility, liability, and risk in transit and shall be responsible for the filing of claims for loss or damages. Toho reserves the right to cancel this order and purchase elsewhere if the Contractor fails to meet the delivery date specified in the Agreement (or Purchase Order, if applicable). Deliveries shall be made between 7:00a.m. and 3:30p.m. Monday through Friday, excluding holidays, unless otherwise stipulated. F. Safety Data Sheet. As necessary, the Contractor agrees to furnish Toho with a current Material Safety Data Sheet ("SDS") on or before delivery of each and every hazardous chemical or substance purchased which is classified as toxic under Chapter 422, Florida Statutes. Appropriate labels and MSDSs shall be provided for all shipments. G. OSHA Requirement. The Contractor hereby guarantees Toho that all materials, supplies,.and equipment as listed in the Agreement (or on the resulting Purchase Order, if applicable) shall meet the requirements, specifications, and standards as provided under the U.S. Department of Labor Occupational Safety and Health Act of 1970 as from time to time amended and in force IFS-26 008 at date thereof. H. Inspection/Acceptance. All goods and/or services provided through this Agreement are subject to inspection and acceptance upon receipt or completion by an authorized representative of Toho. Payment shall not be authorized until the goods and/or services have been received, accepted, and properly invoiced. I. Warranty. The Contractor agrees to provide a full warranty to Toho for all good and materials which it provides hereunder for a minimum of one full year following the date of delivery or completion of services. In the event that the Contractor is called to perform warranty work, the Contractor will be responsible for all costs incurred in repairing the areas under warranty. The manufacturer's warranty on materials received and installed shall extend for the full warranty period. J. Default. In the case of default by the Contractor or failure to deliver the supplies or services ordered by the time specified, Toho after due notice (oral or in writing), may procure them from other sources and hold vendor responsible for any excess cost occasioned thereby. K. Variation in Quantity. Toho assumes no liability for material produced, processed, or shipped in excess of the amount specified herein. SECTION 36. ENTIRE AGREEMENT. This Agreement, and any documents incorporated, referenced, or attached hereto, sets forth and constitutes the entire agreement and understanding of the Parties with respect its subject matter. In regard to such subject matter, this Agreement supersedes any and all prior agreements, negotiations, correspondence, undertakings, promises, covenants, arrangements, communications, representations, and warranties, whether oral or written, of either of the Parties. [SIGNATURES ON FOLLOWING PAGE] IFB-26 008 IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates Sez below. ✓ ��F�P{'1 3Y } � ��PI i AARON'S BAC W E V ES, INC. TOHOPEKA W T M.- Y: BY: Print Name: MrVvA Print Name: y dr Title: Title: \Y Date: s I) l r% Date:py Y Attest: �i Attest: Print Name: LuAy 1. lz, Print Name:7VM-4hA--C- Title: �2U 6Qi ,Ol t v d Title: ( (�)(V\, Address: I.3 D r�� 6U [ e S-i Address: 951 Martin Luther King Blvd. L& LL Au.oI r-L-- 3 2-�q,1 Kissimmee, Florida 34741 Date:�C Date: j�r Q I ZQZ EXHIBITA SOLICITATION DOCUMENTS IFB 26-008 Toho Water Authori rr 1, INVITATION FOR BIDS BID NO: IFB-26-008 BID TITLE: BACKFLOW SURVEY AND INSPECTION, MAINTENANCE AND INSTALLATION SERVICES PROCUREMENT DEPARTMENT http://www.tohowater.com Pro curement(a,,tohowater. com 951 MARTIN LUTHER KING BLVD. KISIMMEE, FLORIDA 34741 SOLICITATION SCHEDULE (Times and Dates Subject to Change by Addenda) SUBMIT BID TO: https://tohowater.bonfirehub.com NOTICE OF ELECTRONIC BID SUBMITTAL REQUIREMENT Toho Water Authority issues its solicitations electronically through its contracted vendor, Bonfire. Bidders shall not be permitted to hand -deliver, mail, telephone, fax, or email responses. Bids that are either received after the above -noted Submittal Deadline or transmitted outside of the designated Bonfire online portal will be rejected. If you have obtained this solicitation from a source other than Bonfire, you will not be listed on the document takers list and may not receive notification of any Addenda(s) issued. Failure to receive any issued Addenda shall not relieve the Bidder from any obligation(s) contained in the Addenda. To access Toho Water Authority's solicitations, any resulting Addenda, or Bid results, please go to: https://Tohowater.bonfirehub.com. Any prospective Bidder requiring assistance with registering with Bonfire is directed to send an email to: Support&GoBonfire.com or to visit Bonfire's online help forum at https://vendorsupport.gobonfire.com/hc/en-us. SOLICITATION POINT OF CONTACT Name: Brian Grover Email: Procurement@tohowater.com Title: Procurement Coordinator I Phone: (407)-473-3812 Page 1 of 54 [Version July 2025] IFB 26-008 IFB-26-008 TABLE OF CONTENTS SECTION 1 GENERAL INFORMATION AND INSTRUCTIONS ....................................... 4 SECTION 2 GENERAL CONDITIONS.................................................................................... 9 SECTION 3 FLORIDA VENDOR ELIGIBILITY REQUIREMENTS ............................... 14 SECTION 4 TECHNICAL SPECIFICATIONS OR SCOPE OF SERVICES ....................17 SECTION 5 BID FORMS.......................................................................................................... 23 • Addenda Acknowledgment Form • Bid Price Form • Authorized Signature Form • Bidder's Reference List SECTION 6 SPECIAL TERMS AND CONDITIONS........................................................... 30 SECTION 7 ATTACHMENTS................................................................................................. 31 ATTACHMENT A AFFIDAVIT OF NON -COLLUSIONS AND OF NON -INTEREST OF TOHOEMPLOYEES................................................................................................................ 32 ATTACHMENT B E-VERIFY USE AND REGISTRATION CERTIFICATION ............. 33 ATTACHMENT C FLORIDA BID BOND............................................................................. 35 ATTACHMENT D DRUG FREE WORKPLACE COMPLIANCE FORM ......................... 36 ATTACHMENT E ANTI -HUMAN TRAFFICKING AFFIDAVIT ..................................... 38 ATTACHMENT F SAMPLE AGREEMENT.......................................................................... 39 ATTACHMENT G BACKFLOW SCENARIOS ATTACHMENT H HOSE BIB TEE DESCRIPTION Section 7: ATTACHMENTS Bidders are hereby advised that they must complete the attachments found in Section 7 and submit them as part of their Bid. A Affidavit of Non -Collusion and Non -Interest of Toho Employees B E-Verify Use and Registration Certification C Bid Bond or Cashier's Check (If applicable) D Drug Free Workplace Compliance Form E Anti -Human Trafficking Affidavit Page 2 of 54 [Version July 2025] 1101=01I101 STATEMENT OF "NO BID" IMPORTANT NOTICE TO CONTRACTORS/SUPPLIERS: Your feedback is important to us. If you do not intend to submit a Bid, please return this Statement of "No Bid" noting your reason below and email it to Procurement�tohowater.com You may also mail it to this address: , TOHO WATER AUTHORITY 951 MARTIN LUTHER KING BLVD. KISIMMEE, FLORIDA 34741 Bid Number: Title: If you elect not to submit a bid/proposal, please indicate the reason below: We do not offer this product/service or an equivalent. Our schedule would not permit us to perform. Insufficient time or resources to respond to solicitation. Unable to meet specifications. ❑ Specifications are not clear. Unable to meet bond and/or insurance requirements. Specifications "too tight"/restrictive (i.e., geared to specific brand or manufacturer) Subcontractor (submitted bid to General Contractor) ❑ Other (please explain): Signature: Date: Name: Title: Company: Address: Telephone: E-Mail: Page 3 of 54 [Version July 2025] IFB 26-008 SECTION 1 GENERAL INFORMATION AND INSTRUCTIONS Tohopekaliga Water Authority ("Toho"), an independent special district established pursuant to Chapter 189, Florida Statutes, by special act of the Florida Legislature, hereby issues this Invitation for Bids ("IFB") from qualified firms to provide survey, inspection, maintenance, new installations, install replacements and field test backflow assemblies where applicable. These instructions are standard for all contracts for commodities or services issued through the Tohopekaliga Water Authority (the "Toho") Procurement Services Department. However, Toho may delete, supersede, or modify any of these standard instructions for a particular contract by indicating such change in the Special Conditions, Technical Requirements, Instructions, Proposal Pages, Addenda, and/or Legal Advertisement. 1.1 INTRODUCTION: Toho is the largest provider of water, wastewater, and reclaimed water services in Osceola County, Florida, and provides such services to portions of Orange and Polk counties as well. Our promise is "Our Customers, Our Community, Our Employees Trust that Toho Cares" and our priorities are providing safe and reliable services, protecting the environment, delivering value, and investing in the future. Bidders can familiarize themselves with our agency at www.tohowater.com. 1.2 BID OVERVIEW AND BACKGROUND: Toho has been actively participating in a Cross -Connection Control and Backflow Prevention Program (which can be viewed by clicking the following link: https://www.tohowater.com/our-water/cross-connection- control-program). The program is designed to protect the public by establishing standards based upon state regulatory requirements. When these standards are enforced and communicated to customers, Toho promotes the elimination of existing or controls the potential of new cross -connections, which could create backflow conditions. The program also sets standards for backflow prevention assembly installations, inspections, maintenance, and testing that will systematically and effectively prevent contamination or pollution of Toho's potable water supply systems. Toho is soliciting sealed competitive bids from qualified Contractors for the Cross - Connection Control and Backflow Prevention Program in pursuit of residential customer compliance with FDEP regulations, requirements and Toho standards. The awarded Contractor(s) shall perform survey, inspection, maintenance, new installations, install replacements and field test backflow assemblies where applicable. Toho intends to award these services to one or more contractors. 1.3 USE OF TOHO FORMS AND TERMS AND CONDITIONS: Bids must be submitted on forms provided by Toho and only through the official portal https://Tohowater.bonfirehub.com. Bids submitted through Bonfire remain electronically sealed and are not visible to Toho or other Bidders until after the Bid is closed. Bidder must fill in all blank spaces on the Bid Price Form. No changes shall be made to the wording or format of the forms. In case of a discrepancy between unit prices and extended totals, unit prices shall prevail. No addition or deletion of the terms or conditions included with the Bid response shall be evaluated or considered and any and all such revisions shall have no force or effect and are Page 4 of 54 [Version July 2025] Ml : 011I:3 inapplicable to this Bid. No submission by the Bidder, whether purposely or inadvertently in any transmittal letters, specifications, literature, price lists or warranties may constitute a revision to these instructions. It is understood and agreed that the instructions and the general and special conditions in this Bid solicitation are the only conditions applicable to this Bid and Bidder's authorized signature affixed to the Bid response constitutes acknowledgment of this fact. 1.4 ADDITIONAL INFORMATION REQUIREMENTS: Prior to a recommendation for award, Toho will require the apparent low Bidder(s) to demonstrate qualifications to furnish the specified goods and/or services under the Contract. Bidders must be prepared to submit written information requested by Toho within five (5) business days of a request. Toho may review Bidder's prior experience, references and previous contracts for similar goods and/or services. In addition, Toho may request the Bidder's: three (3) most recent years of audited financial statements; unaudited financial statements if audited statements are not available; Balance Sheets; Income Statements; Statements of Cash Flows; or other documents approved by Toho which establish the financial health of the Bidder. Financial statements provided to Toho should be prepared in accordance with US Generally Accepted Accounting Principles (GAAP). As an alternative method of providing financial assurance of the Bidder's ability to perform, Toho may consider a letter of credit issued by an acceptable surety in an amount sufficient to secure the Bidder's completion of the work. 1.5 NO BID RESPONSE: Vendors electing not to submit a Bid in response to this solicitation are requested to complete the "No Bid" Response form to provide feedback. 1.6 ACCEPTANCE AND RIGHT OF REJECTION: Bidder warrants, by virtue of bidding, that the Bid and the prices quoted in its Bid will be firm for acceptance by Toho for a period of ninety (90) days from the date of Bid opening unless otherwise stated in the solicitation. Toho reserves the right to reject all bids. 1.7 LATE BID & MODIFICATION OF BID: Vendors may only modify their Bid prior to the date and time specified for the bid opening. All modifications must be completed within Bonfire. 1.8 WITHDRAWAL OF BID: A Bidder may request withdrawal of a Bid under the following circumstances: a. Bid may be withdrawn through the Bonfire portal by the Bidder prior to the time of acceptance. b. Requests for withdrawal of Bid after opening of such Bid, but prior to award shall be transmitted to Toho's Procurement Services Department, in writing, accompanied by full documentation supporting the request. If the request is based on a claim of error, documentation must show the basis of error. Such documentation may take the form of supplier quotations, vendor work sheets, etc. c. Bid shall not be withdrawn after the award of a contract or issuance of a purchase order. No plea or claim of mistake in the solicitation or resulting contract or purchase order shall be available as a defense in any legal proceeding brought upon a contract or purchase order awarded to a Bidder as a result of the breach or nonperformance of such contract or purchase order. Page 5 of 54 [Version July 2025] IFB 26-008 1.9 BID DOCUMENTS NECESSARY FOR SUBMITTAL: The Bid Price Form, all documents listed in the "Requested Document" section in the Bonfire portal and an electronic copy of bid security (if applicable) shall be included with electronic submittal of the Bid. The original bid security (if applicable) must be delivered via mail, courier (UPS, FedEx, etc.) or in -person. Make sure to prepare the documents in the file formats (Excel, PDF, etc.) listed under the Requested Information section for this opportunity in the Bonfire Portal. The following documents, together, comprise a responsive Bid. • Addenda Acknowledgment Form • Bid Price Form • Authorized Signature Form • Bidder's Reference List • Affidavit of Non-Collusion/Non-Interest of Toho Employees • E-Verify Use ad Registration Certification • Bid Bond or Cashier's Check (copy) (If applicable) • Drug Free Workplace Form • Anti -Human Trafficking Affidavit Failure to disclose requested references, terminations, or safety incidents may result in Bidder being disqualified from bidding. Omission of, or failure to complete, any portion of the required documents at the time of the Bid opening may be cause for rejection of the entire bid. 1.10 SUBMITTAL REQUIREMENTS: Bids must be submitted electronically via Toho's e- procurement portal at https:HTohowater.bonfirehub.com. To submit responses electronically Bidders must register with Bonfire and follow the instructions in the portal Minimum system requirements: Microsoft Edge, Google Chrome, Safari, or Mozilla Firefox. JavaScript and browser cookies must be enabled. Maximum upload file size is 1000 MB. Documents should not be embedded within uploaded files as the embedded files will not be accessible. Bidders will have the ability to modify their submissions up to the Submission Deadline in Bonfire. Submissions must be uploaded, submitted, and finalized prior to the Bid Due Date and Time listed on the Cover Sheet of this Bid. It is strongly recommended that Bidders give themselves sufficient time and at least ONE (1) day before the Bid Due Date/Time to begin the uploading process and finalize submissions. Toho is not responsible for any technical problems with the electronic transmission and/or delay in receipt due to technical problems. Such electronic transmittal errors will not alter or effect the deadline date and time for receipt of Responses. If you require assistance, please contact Bonfire at SupportgGoBonfire.com. 1.11 MULTIPLE BIDS PROHIBITED: Only one Bid from any individual, firm, partnership, or corporation, under the same or different names, shall be considered. Should it appear to Toho that any Bidder has an interest in more than one Bid for the goods and/or services under the Contract, all Bids in which such Bidder has an interest shall be rejected. Page 6 of 54 [Version July 2025] "lowd1IZI 1.12 PRICING: a. Prices should be stated in units of quantity as specified in the Bid form. b. When applicable, life cycle cost analysis may be considered when determining the lowest responsive and responsible Bid. This analysis may consider, in addition to purchase price, operating and related costs over the life of the item including maintenance, downtime, energy costs, salvage value, etc. c. All prices quoted must reflect delivered cost, which includes all packing, handling, shipping charges, taxes, discounts, and delivery to Toho. d. It is understood and agreed that all items offered or shipped as a result of this Bid shall be new, current, standard model available at the time of the Bid. e. All containers shall be suitable for storage or shipment and all prices shall include standard commercial packing. 1.13 PRE -BID CONFERENCE AND INQUIRIES: A Pre -Bid Conference will not be held for this solicitation. To ask questions concerning this Bid solicitation process, required submittals, evaluation criteria, Bid Price Form, selection process or any other matter regarding this procurement bidders must register with Toho's e-procurement portal at https://tohowater.bonfirehub.com and initiate the questions electronically through the Vendor Discussions feature. Toho will accept additional written inquiries via the Vendor Discussion feature in Bonfire until the close of business on the date shown on the cover sheet of this Bid. If additional information is provided, it will be provided to all Bidders via a written addendum through https://tohowater.bonfirehub.com. 1.14 PUBLIC BID OPENING: At the time fixed for the opening of responses to a Bid, all Bids will be electronically unsealed, and the names of the Bidders and the amount shall be read aloud and made readily available to the public. Join by using the following meeting link: hgps://teams.microsoft.com/l/meetup- join/19%3ameeting OGY3YViMzMjEtOGRjNiOOM2JjLTIcyNzAtMzc4NTh1cYWJIYTNk %40thread.v2/0?context=%7b°/o22Tid%22%3 a%2258393785-b5ab-45f6-9f23- Oc44b1 c2Oaa2%22%2c%220id%22%3a%222171 abd6-d665-439e-a7aa- 04d0117fed76%o22%7d Meeting ID: 219 200 025 995 Passcode: cPzUbM Dial in by phone. +1 872-256-3959 United States, Chicago Phone conference ID: 509 407 264# 1.15 TIE BIDS: A Drug Free Workplace Statement must be completed, signed, and returned prior to the award of Bid. This form will be used whenever two or more Bids that are identical with respect to price, quality, delivery, and service are received; a Bid received from a business that certifies that it has implemented a drug -free workplace program aligning with all the criteria shall be given preference in the award process. 1.16 TAX EXEMPTION: Toho is exempt from Federal excise and State sales taxes. Tax exemption number is 85-801289768OC-2 and is also stipulated on Toho Purchase Orders. Page 7 of 54 [Version July 2025] IFB 26-008 The Vendor shall pay all applicable sales, consumer, use and other similar taxes required by law. The Vendor is responsible for reviewing the pertinent state statutes involving the sales tax and complying with all requirements. 1.17 COMMUNICATIONS/DESIGNATED CONTACT: Toho is committed to a fair, open process for interested parties to receive information about the Bid and/or award of the Contract. All questions concerning this Bid and/or the procurement process must be directed electronically through Bonfire on the Vendor Discussion page. No Bidder shall initiate or otherwise have contact related to the IFB with a Toho representative, officer, or employee, other than with the Procurement Services Department. Any contact initiated by a Bidder with any Toho representative, officer, or employee other than through the Procurement Services Department, concerning this solicitation is prohibited and may cause the disqualification of the Bidder from this procurement process. 1.18 LICENSES, PERMITS, AND FEES: All Bids submitted shall have included a list of any business and professional licenses, permits, or fees required by Toho. 1.19 ADDENDA: Toho reserves the right to revise or amend this Invitation for Bids ("IFB"). Such revisions and amendments, if any, shall be announced by Addenda to this IFB and posted via Toho's online provider, Bonfire. 1.20 WAIVER OF MINOR IRREGULARITIES OR ERRORS: Toho reserves the right to either (1) waive any minor irregularities or clerical errors which are not material to the IFB, or which do not prejudice other Bidders; or (2) to reject any and all Bids submitted or (3) determine Bid responsiveness. Conditional Bids or those which take exception to any provision of the IFB may be considered non -responsive and may be rejected. 1.21 AWARD: Toho will award the Contract included herein to the lowest responsive, responsible Bidder deemed most qualified to provide the specified goods and/or services under the Contract included herein. Prior to award, the successful bidder must be registered to do business in the State of Florida. Information regarding registration can be found at the Florida Department of State, Division of Corporations website at http://dos.myflorida.com/sunbiz. Notification of Toho's award resulting from this solicitation will be posted through Bonfire athttps://tohowater.bonfirehub.com. and accessible via link on Toho's website. Bidders are hereby notified that Section 287.05701, Florida Statutes, requires that Toho may not request documentation of or consider a vendor's social, political, or ideological interests when determining if the vendor is a responsible vendor. Page 8 of 54 [Version July 2025] IFB 26-008 SECTION 2 GENERAL CONDITIONS BIDDER'S ACKNOWLEDGEMENTS 1. EXPENSES Toho accepts no responsibility for any expenses incurred in the Bidders' preparation of the Bids; such expenses are to be borne exclusively by the Bidders. All costs and expenses incurred by a Bidder, or any person working on behalf of a Bidder, in connection with the IFB, including the preparation and submission of a Bid, providing additional information, attendance at meetings, and any other actions taken by a Bidder in response to the IFB shall be the sole responsibility of the Bidder. Toho and its agents, officers and directors shall have no responsibility or liability for any costs, damages or expenses incurred by Bidder, team members or any other person as a result of this IFB. 2. INTERPRETATION By submitting a Bid, Bidders acknowledge that Toho is the interpreter of these Goods and/or Services Contract Documents. 3. PUBLIC RECORDS 3.1. Each Bidder, by submitting a Bid, acknowledges Toho's legal obligation in accordance with Chapter 119 of the Florida Statutes, to respond to all public records requests in a timely manner and expressly waives any right to contest, impede, prevent or delay such disclosure, or to initiate any proceeding that may have the effect of impeding, preventing or delaying such disclosure, unless the Bidder establishes its right to a public records exception. It is the responsibility of the Bidder alone to establish its right to any such exception. Under no circumstances will Toho be responsible or liable to a Bidder or any other party as a result of disclosing any such information or materials. 3.2. Each Bidder may clearly mark each page of the Bid that contains trade secrets or other confidential commercial or financial information which the Bidder believes should not be disclosed outside of Toho. Disclosure of requested information will be determined in accordance with Florida laws, rules, and regulations. Bidders are informed that Toho is subject to the Florida Public Records and Sunshine Laws. 3.3. Each Bidder, by submitting a bid acknowledges and agrees that if awarded a contract as a result of this Bid the following conditions will be made a part of the contract. a. Contractor must keep and maintain all public records required by Toho in order to perform services under this Contract. b. Upon request from Toho's custodian of public records, Contractor shall provide Toho with a copy of the requested public records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provide in Chapter 119, Florida Statutes, or as otherwise provided by law. c. Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to Toho. Page 9 of 54 [Version July 2025] IFB 26-008 d. Upon completion of the contract, Contractor shall transfer, at no cost, to Toho all public records in the possession of the Contractor or keep and maintain public records required by Toho to perform the service under this contract. If the Contractor transfers all public records to Toho upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to Toho, upon request from Toho's custodian of public records, in a format that is compatible with the information technology systems of Toho. 3.4. Each BIDDER, by submitting a bid further understands that if awarded a contract, the following instructions will apply throughout the life of the contract. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT TOHO'S CUSTODIAN OF PUBLIC RECORDS AT THE FOLLOWING: RECORDS RETENTION 951 MARTIN LUTHER KING BLVD. KISSIMMEE, FLORIDA 34741 PUBLICRECORDSREQUEST(a,TOHOWATER.COM (407) 483-3822 4. CONTRACT FORM AND ACCEPTANCE The Bidder has familiarized itself with the nature and extent of the Contract Forms included herein, the sites, the localities and all local conditions and laws and regulations that may in any manner affect cost, schedule, progress, performance or furnishing of the goods and/or services under the Contract included herein. Bidder accepts the terms and conditions of the Contract. The Bidder proposes and agrees that if this Bid is accepted it shall enter into a contract with Toho in the form included herein as the Contract and perform and furnish all goods and/or services under the Contract for the Contract price, within the Contract time, and in accordance with the other terms and conditions of the Contract included herein. 5. CONTRACT EXECUTION, INSURANCE FORMS, AND BONDS The Successful Bidder agrees that, upon receipt of the Notice of Award, it shall execute and deliver to Toho two (2) copies of the Contract, the required Certificates of Insurance, and the Florida Performance Bond and the Florida Payment Bond, (if applicable) all of which are included herein, within 15 business days of receipt of the Notice of Award. No work can begin, or goods delivered prior to Toho's receipt and approval of the insurance and bond forms. 6. PROVISION FOR OTHER AGENCIES Page 10 of 54 [Version July 2025] IFB 26-008 Unless otherwise stipulated by the Bidder, the Bidder agrees to make available to all Government agencies, departments, and municipalities the Bid prices submitted in accordance with said Bid terms and conditions therein, should any said governmental entity desire to buy under this proposal. Eligible Users shall mean all state of Florida agencies, the legislative and judicial branches, political subdivisions (counties, local district school boards, community colleges, municipalities, or other public agencies or authorities), which may desire to purchase under the terms and conditions of the contract. Toho shall not be liable for the obligations of any other agency which uses this contract under this provision. 7. BID BOND (OMITTED) 8. STATEMENT OF NON -COLLUSION The undersigned, hereinafter called the Bidder, declares that the only person(s) or party(s) interested in this Bid are those named herein, that this Bid is, in all respects, fair and without fraud, that it is made without collusion with any official of Toho and that the Bid is made without any connection or collusion with any person submitting another Bid on the Contract included herein. 9. CONSUMPTION ESTIMATES The quantities appearing in the Bid Price Form are based on historical usage and Toho's anticipated needs at the time of the solicitation. However, since changes can occur, they should be considered approximate and are intended for the solicitation of bids. Payment to the Successful Bidder will be made only for the actual quantities of items furnished in accordance with the bid and it is understood that the scheduled quantities of items to be furnished may be increased, decreased, or omitted without in any way invalidating bid prices. 10. MAXIMUM DELIVERY TIME (OMITTED) 11. F.O.B. DESTINATION —FREIGHT PRE -PAID (OMITTED) 12. SIMILAR SERVICES The Bidder acknowledges and agrees that the separate prices on the Bid Price Form, where they are applicable and deemed acceptable by Toho, will be used by Toho and the Bidder, if awarded the Contract included herein, whenever similar service is added to the Contract. 13. FORCE MAJEURE The Successful Bidder shall be excused from performance hereunder during the time and to the extent that it is prevented from obtaining, delivering or performing in the customary manner, by acts of God, declared disaster, fire, loss or shortage of transportation facilities, lockout or commandeering of raw materials, products, plants or facilities by the government. The Successful Bidder shall provide Owner satisfactory evidence that non-performance is due to cause other than fault or negligence on its part. Page 11 of 54 [Version July 2025] it : 01111.1 14. NEW PRODUCT(S) The Successful Bidder shall guarantee that the product(s) provided under this contract shall be new and shall be of first quality as to the raw materials and methods of manufacture used for said product(s). If circumstances arise causing the Successful Bidder to offer reconditioned, used, or refurbished products, the Successful Bidder must first obtain permission in writing from Toho and shall resume providing new products at the earliest possible time. 15. VENDOR'S STOCK The Successful Bidder shall agree to hold or maintain access to adequate stock of any item awarded in this Bid. The lead time(s) for such stock shall not exceed the lead time or maximum delivery time period(s) as specified in this bid. Should the product not be available, Toho reserves the right to procure products from another source and charge any additional costs for such procurement including expedited shipping to the Successful Bidder. 16. WARRANTY The Successful Bidder shall guarantee that all products supplied shall meet specifications upon delivery and be free from defects in material, composition, or performance for a period of one- year after acceptance by Toho, or the manufacturer's standard warranty period, whichever is greater. Acceptance shall be defined as 30 days after delivery or as specifically defined elsewhere in this document (Section 4.12) whichever is greater. Successful Bidder shall bear all costs to replace goods, their spare parts, or components in full and/or repair defects within this timeframe, including transportation of goods to and from a designated repair facility and shipping costs of replacement parts. 17. SPECIAL CONDITIONS Any and all Special Conditions contained in this IFB that may be in variance or conflict with these General Conditions shall have precedence over these General Conditions, except as otherwise provided. If no changes or deletions to the General Conditions are made in the Special Conditions, then the General Conditions shall prevail in their entirety. 18.OWNER'S RIGHTS Toho reserves the right to reject any and all Bids, to waive any and all minor irregularities and technicalities, to negotiate terms with the successful Bidder, and reserves the right to disregard all nonconforming, non -responsive or conditional Bids and to re -solicit Bids, as maybe deemed to be in the best interests of Toho. Toho further reserves the right to delete line items from consideration. The decision made by Toho in selection of the successful Bidder and award of the Contract included herein will be final. Toho reserves the right, in its sole and absolute discretion, to: a. Amend, suspend, or terminate this IFB; b. Revise and modify, at any time prior to the Bid due date, factors it will consider in evaluating Bids and to otherwise revise its evaluation methodology; c. Seek additional relevant information and clarification regarding any Bidder's qualifications to perform the work and to determine whether a Bid is deemed responsive and responsible based on that information; Page 12 of 54 [Version July 2025] IFB 26-008 d. Extend dates, time periods or deadlines in this IFB; e. Reject any and all Bids in whole or in part which are non -conforming, non -responsive, or conditional Bids; f. Waive minor deficiencies, informalities, irregularities, or defects in a Bid; g. Suspend and/or terminate this procurement process at any time; h. Reissue the same IFB or a different IFB for this project; i. Hold meetings and conduct discussions and issue correspondence with one or more of the Bidders to seek an improved understanding and evaluation of the Bids; j. Use assistance of outside advisors (e.g., technical, financial, procurement and legal advisors) in the evaluation process; k. Accept Bids that in its judgment will be in the best interest of Toho; 1. Suspend, discontinue, and/or terminate Contract negotiations with any Bidder at any time prior to the actual authorized execution of such Contract by all parties; and/or m. Exercise all rights available to it under this IFB and other provisions of applicable Florida law pertaining to this IFB without incurring any liability for costs, expenses or damages of any nature whatsoever suffered or incurred by any Bidder, team member or any other person. 19. DISQUALIFICATION Without limiting the foregoing, Toho may disqualify and reject any Bidder (including its sub - consultants, affiliates, partners, and parent organizations) that: a. Fails to include information in its Bid required by this IFB; b. Engages in conduct prohibited by this IFB; c. Fails to obtain Toho's consent for any action when required by this IFB; d. Is involved in pending litigation concerning Toho or its Member Governments; e. Submits false or misleading information in its Bid; f. Has a conflict of interest; g. Fails to disclose any information which, if disclosed, would materially adversely affect Toho's evaluation of the Bid; or h. Otherwise fails to comply with or breaches any material requirement of this IFB. 20. NON -BINDING The issuance of this IFB does not bind or obligate Toho to enter into a Contract with any person or legal entity, nor does the IFB constitute an offer to enter into a Contract with any person or entity. Toho and its agents and representatives are not liable for any delays, interruptions, failure, or irregularities in sending or receipt of any communications or submissions, or for the loss, misdirection, or corruption of any such communication by Bidder with the agency. Bidder is solely responsible for meeting all deadlines and submission requirements of this IFB. 21. INITIAL TERM The initial term of this contract shall be from date of execution through Apil 29, 2028. 22. CONTRACT RENEWAL Toho reserves the right to renew the contract for two additional one-year period(s) from its expiration date. Renewal shall be contingent upon agreement by both parties to the same terms Page 13 of 54 [Version July 2025] IFB 26-008 and conditions of the contract. Toho reserves the right to terminate the Contract per Section 7 of the General Contract Conditions. 23. SUPPLEMENTAL CONTRACT EXTENSION PERIOD Toho has the option and reserves the right to unilaterally extend the original contract term or any renewal term for up to ninety (90) days period, at the same terms and conditions. Notice of Toho's intent to extend, shall be provided in writing to the Awardee thirty (30) days prior to the expiration of the contract, or the renewal period if the contract has been previously renewed. 24. PRICE ESCALATION/DE-ESCALATION (OMITTED) 25. NON -APPROPRIATION OF FUNDS In the event no funds or insufficient funds are appropriated for expenditures under this award, Toho will notify the Awardee in writing of such occurrence and the award shall terminate without penalty or expense to Toho on the last day of the fiscal year in which sufficient funds have been appropriated. SECTION 3 FLORIDA VENDOR ELIGIBILITY REQUIREMENTS 26. &VERIFICATION This Contract is subject to the requirements found in Section 448.095(5), Florida Statutes. By executing this Contract, Contractor hereby certifies that it is registered with the United States Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees of Contractor and hereby acknowledges the responsibilities and obligations of both the Contractor and Toho under Section 448.095(5), Florida Statutes, which includes without limitation the right of Toho to unilaterally and immediately terminate this Contract for Contractor's failure to comply with such provision of Florida Law and to thereafter impose upon Contractor any additional costs incurred by Toho as a result of such termination. 27. PUBLIC ENTITY CRIMES Contractor hereby represents, warrants, and certifies that: neither Contractor, nor one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of Contractor, nor any affiliate of the entity, has been charged with and convicted of public entity crime subsequent to July 1, 1989; Contractor has not been placed on any convicted vendor list by the State of Florida and that it will not utilize any funding provided pursuant to this Contract to subcontract with any vendor that has been placed on any such convicted vendor list; and Contractor has read and reviewed the provisions, requirements, and prohibitions of Florida's Public Entity Crime Act, Section 287.133, Florida Statutes, and hereby affirms its compliance therewith. For the purposes of this provision, the terms "public entity crime", "convicted", and "affiliate" shall be as defined in Section 287.133, Florida Statutes. Page 14 of 54 [Version July 2025] IFB 26-008 28. SCRUTINIZED COMPANIES a. Contractor hereby represents, warrants, and certifies that: Contractor is not on Florida's "Scrutinized Companies that Boycott Israel List", created pursuant to Section 215.4725, Florida Statutes, nor is it engaged in a boycott of Israel; and Contractor has read and reviewed the provisions, requirements, and prohibitions of Florida's prohibition against contracting with scrutinized companies, as found in Section 287.135, Florida Statutes, and hereby affirms its compliance therewith. b. If the Contract Amount meets or exceeds $1,000,000, then Contractor hereby additionally represents, warrants, and certifies that Contractor is not on the "Scrutinized Companies with Activities in Sudan List" or the "Scrutinized Companies with Activities in the Iran Terrorism Sectors List", created pursuant to Section 215.473, Florida Statutes, and Contractor is not engaged in business operations in Cuba or Syria. c. In accordance with Section 218.135, Florida Statutes, if any of the above certifications are found to have been false, if Contractor is later placed on any of the lists referenced in this Article, or if Contractor becomes engaged in business operations in Cuba or Syria or any boycott of Israel, Toho shall have the option to terminate this Contract and shall have the right to, notwithstanding anything to the contrary in this Contract, pursue all remedies available to it in equity and at law. 29. DISCRIMINATORY VENDORS Contractor hereby represents, warrants, and certifies that entering into this Contract will not violate Subsection 287.134, Florida Statutes, which provides that an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. 30. ANTI-TRUST VIOLATORS Contractor hereby represents, warrants, and certifies that entering into this Contract will not violate Section 287.137, Florida Statutes, which provides that a person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply for any new contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply for a new contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on new leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a new contract with a public entity; and may not transact new business with a public entity. 31. COUNTRIES OF FOREIGN CONCERN Page 15 of 54 [Version July 2025] IFB 26-008 Contractor hereby represents, warrants, and certifies that entering into this Contract will not violate Section 287.138, Florida Statutes, which provides that Toho may not enter into a contract with an entity that gives access to an individual's personal identifying information if the entity is owned, controlled, or organized under the laws of a Foreign Country of Concern which includes: the People's Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People's Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolas Maduro, the Syrian Arab Republic, or any other entity or agency under the significant control of such Foreign Country of Concern. 32. COMMON CARRIER If Contractor meets the definition of "Common Carrier" under Section 908.111, Florida Statutes, then Contractor shall execute an attestation in conformity with Section 92.525, Florida Statutes, that the common carrier or contracted carrier is not willfully providing and will not willfully provide any service during the contract term in furtherance of transporting a person into the State of Florida knowing that the person is an unauthorized alien, except to facilitate the detention, removal, or departure of the person from this state or the United States. Such attestation must be provided to Toho prior to commencement of this Contract. In accordance with Section 908.111, Florida Statutes, Toho may terminate this Contract for cause if Contractor is found to be in violation of this provision or its attestation. 33. ANTI -HUMAN TRAFFICKING Contractor hereby represents, warrants, and certifies that Contractor does not use coercion for labor or services as defined in Section 787.06, Florida Statutes and that Contractor has provided the affidavit attached hereto as Attachment E to Toho. Page 16 of 54 [Version July 2025] IFB 26-008 SECTION 4 TECHNICAL SPECIFICATIONS OR SCOPE OF SERVICES The Contractor shall provide personnel, parts, and equipment as outlined in this Scope of Services to assist in the Toho Cross -Connection Control Program. The Contractor shall conduct inspection, surveying, testing, repair, installation and/or replacement of backflow prevention assemblies where appropriate. As part of the installation procedure, a passing test report shall be included. The Contractor shall document the inspection and testing information on the Toho Backflow Prevention Assembly Test Form provided on Toho's Backflow Prevention portal. If awarded, the Contractor will be assigned a login by Toho staff to access the portal, where the Contractor shall complete and submit the Backflow Prevention Assembly Test Form. The type and size of the backflow prevention assemblies may vary depending on the type and size of the residential connection. This contract will apply to all Toho's residential water customers receiving potable water with potable irrigation, potable water with reclaimed irrigation, or potable water with an auxiliary water source on site, such as a well, lake, and/or fire lines on site that may or may not have an existing backflow prevention device or assembly at the water meter connection or property line. Toho will allow Wilkins lead free Model 975XL2, 950XLT2, 950XL3, Watts Model LF800M4, Ford HHS31, Ford EC-23 (Star DuQ, Watts LF7 and Wilkins 700XL new devices for installation. All Contractor personnel conducting repairs as needed under this contract shall have a current backflow repair and maintenance certification on file with Toho. All Contractor unit costs shall include the parts (assemblies), administrative costs, insurance, fleet management and maintenance, customer relations assistance, data management, start-up costs, and any other costs associated with performing the technical services described herein. Estimated quantities are given only as a guideline for preparing this bid and should not be construed as representing actual quantities of cross -connection control assemblies to be tested, repaired or installed under this contract. All installation and replacements require successful testing by the Contractor at no additional cost. The type of device shall be based on the Backflow Scenarios provided in Attachment G - Backflow Scenarios and Section 4.4. 4.1. TESTING The service involves initial and on -going testing of backflow preventers on properties of Toho customers, including residential irrigation and potable water services that are required to have backflow prevention devices or assemblies. It also includes testing the device to obtain acceptable test results and reporting the results of testing to Toho's Cross -Connection Control section within 48 hours of test using appropriate website, forms, etc. 4.2. REPLACEMENTS, NEW INSTALLATIONS AND INITIAL TESTING The service involves physical installation, replacement and initial testing of backflow preventers on properties of Toho customers, including residential irrigation and potable water services that Page 17 of 54 [Version July 2025] IFB 26-008 are required to have backflow prevention devices or assemblies. It also includes testing the assembly to obtain acceptable test results and reporting the results of installation and testing to Toho Cross -Connection Control Program within 48 hours of the test using the Toho portal. 4.3. RESIDENTIAL DEGREE OF HAZARD (DOH) ASSESSMENTS/SITE SURVEYS Toho currently has a gap of >15,000 customers which are not in the Toho Cross -Connection Control documentation system. These assessments will be utilized to document these customers and get them ingested into the annual compliance program. Toho will provide addresses and meter numbers where applicable. This represents only a portion of the total number of devices in Toho's system. The size of these devices varies depending on the application and parcel. These numbers are estimates and are not guaranteed. For residential customers, the Toho Cross -Connection Control staff will provide lists to the Contractor of areas and subdivisions and types of devices to be tested. Toho will group the work by geographic area (GIS Grid System) to facilitate testing and surveying to minimize travel. 4.4. REQUIREMENTS The service shall include, but not be limited to, the following: Providing installation, testing and repair of RP's, PVB's, DC's and dual checks utilizing certified personnel in accordance with the American Water Works Association (AWWA) testing procedures as documented in the AWWA M14 Manual of Practice, Fifth Edition (2025). The backflow assembly may range in size from 0.50 inches to 2 inches and must be Lead-free. New residential installations shall be: • Wilkins 975XL2, Reduced Pressure Assembly • Wilkins 950XLT2, Double Check Assembly • Wilkins 950XL3, Double Check Assembly • Double DFW D1500 24" x 18" Box (Double Check Box) with overlapping lid • Ford HHS31, EC-23, Watts LF7 or Wilkins 700XL Dual Check Device Unrepairable assemblies, other than the below listed makes/models, shall be replaced with: • Wilkins 975XL2, Reduced Pressure Assembly • Watts LF800M4, Pressure Vacuum Breaker • Wilkins 950XLT2, Double Check Assembly • Wilkins 950XL3, Double Check Assembly • Double DFW D1500 24" x 18" Box (Double Check Box) with Overlapping Lid. • Ford HHS31, EC-23, Watts LF7 or Wilkins 700XL Dual Check Device The Contractor shall take before and after digital photographs of the backflow assembly areas that clearly show and document its position relative to the water meter. These photographs shall be identified with the date taken, parcel address, and backflow device number and be supplied to Toho on a weekly basis. The photographs shall be in an electronic format agreeable to Toho. Page 18 of 54 [Version July 2025] IFB 26-008 The technician shall initial and date door hangers notifying customers that a Toho-authorized Contractor was at their property on Toho business and the nature of the work that will be performed or was performed. The Contractor shall provide adequate supervision and shall perform, on a weekly basis, internal quality control checks to assure that work is performed with integrity and responsibility. The Contractor shall submit this plan and schedule to the Toho Cross -Connection Control Program Coordinator prior to the start of testing. The Contractor shall have adequate office/warehouse space to store parts, equipment, vehicles, and trained staff to perform these services. The Contractor shall provide personnel with vehicles, fuel, computers, supplies, parts, equipment, backflow test kit, and necessary tools to accomplish the specified services listed herein. The Contractor shall document the tools they intend to use on this contract, including test equipment, and a current certification of the test gauges as indicated in special terms and conditions. The Contractor shall respond to all communications (e-mail, phone, calls, text messages, etc.) within 12hours. 4.5. MANNER OF PERFORMANCE The Contractor shall provide the parts, including piping and connectors, personnel labor, vehicles, fuel, test equipment, and administrative services to complete replacement and initial and ongoing testing, as needed. The prices quoted on the bid form shall include all parts, labor, overhead, and supplies, including travel time to the worksites. It is Toho's intent that, if the initial test fails the standards set forth in the AWWA standard, the Contractor shall repair the device using new parts and retest the device. Toho will pay only once, either for a passing initial test or for a retest. Recording and submitting the test results on the Toho Backflow Prevention Assembly Test Form will be the criteria used for successful performance. Prior to the start of work, the Contractor shall contact the customer to notify them they are onsite and that they may interrupt water service for the short period of the work. Once the installation, testing and/or repairs are completed, the Contractor shall place a door hanger on the front door of the residence to notify the customer that the work has been completed. The assembly shall also be tagged with a Toho test tag when applicable. The door hangers and test tags will be provided by Toho. Perform duties necessary to test and document backflow prevention assemblies or devices. Perform necessary duties to clean and repair devices that fail the initial test, retest and document the test results. Provide and maintain a copy of the active Backflow Tester registration number to Toho. The Contractor's personnel performing the tests shall hold a current backflow tester certificate. The Contractor's personnel performing testing and repairs shall have a current backflow repair and maintenance certification from a training agency located in the state of Florida. These certificates Page 19 of 54 [Version July 2025] IFB 26-008 shall be provided to Toho prior to the start of testing and updated as personnel are added to the Contractor's staffing. Notify Toho Cross -Connection Control of non -protected cross -connections or backflow condition by the next business day after discovery. The Contractor shall fill out test reports completely by including the following information: water meter number, backflow assembly (make, model, size, serial number and descriptive location), a photo, surveyor name, date time in at job site and time out at job site, pass/fail result. If this is for a replacement assembly, the previous serial # will be noted on the test report. The Contractor shall flow water at the backflow assembly test cock and validate the water meter number. If no backflow assembly exists, the Contractor shall document such and make reasonable recommendations of the type of backflow assembly needed based on the degree of hazard on the testing form. The Contractor shall supply completed test reports and repair data on the Toho portal within forty eight (48) hours of completion of the test. The Contractor's personnel shall take precautionary measures to be courteous to all customers and to prevent damage to customer's property and the Contractor assumes liability for work and repairs or damage incurred to the customer's property or plumbing from the actions of their employees during the testing or installation. The hours of services shall be from 8:00 AM to 4:00 PM, Monday through Friday, excluding Toho holidays. 4.6. CONTRACTOR'S EQUIPMENT, SUPPLIES AND HAND TOOLS The Contractor shall provide all Contractor personnel with vehicles, fuel, computers, supplies, parts, equipment, backflow test kit, and necessary tools to accomplish the specified services listed herein. At the start of the contract and each renewal period, the testing gauge certifications shall be supplied to Toho for all gauges used by personnel on this contract. 4.7. PERFORMANCE The awarded Contractor will designate an experienced Supervisor or Manager to oversee this agreement with Toho. The Contractor is deemed to be an "independent contractor," and the Contractor's employees shall be deemed as employees of the Contractor Schedule personnel to ensure the work is completed in a timely manner. Any customer requesting an appointment prior to testing will need to be coordinated by the Contractor. Toho will aid, as needed. When an appointment is scheduled, the Contractor shall be on time for the meeting. All data, electronic or hard copy shall be the sole property of Toho. The Contractor shall provide all computer hardware and software for electronic data collection. Page 20 of 54 [Version July 2025] IFB 26-008 To perform some tests or repairs, the Contractor may be required to dig up or around the water meter or backflow assembly device and box to obtain the required data. The Contractor shall restore the area to its original condition upon completion of the test or repair. The location of the backflow device may vary depending on the application and location of water meters on the customer's property 4.8. ITEMS PROVIDED BY TOHO Written or electronic listing of addresses and account information for residential backflow prevention device assemblies 3/4" inch or larger. This listing may include zip codes, street address and water meter number. The customer's address shall be used for location identification only and shall not be used for any other purpose. Many of the assemblies that need to be tested are new connections or no prior records are available. Some have been previously surveyed and/or tested. If historical data is available for an address or backflow device, that data will be provided to the Contractor as available. The Contractor shall have proper identification in the form of a magnetic vehicle sign, picture vendor identification badge, and current Florida Driver's license. Toho will assist in getting magnetic signs and vendor identification badges for personnel working on this contract to clearly identify them as Toho Contractors. At the completion of the contract or upon termination of any employee working on this contract, the badge and magnetic signs shall be returned to the Toho Cross -Connection Control section. Any misuse of these signs or vendor identifications shall be grounds for termination of the contract. 4.9. MATERIALS ACCEPTED Only the following materials will be considered for this bid. Ensure your pricing reflects the correct materials/manufacturer needed • Wilkins 975XL2, Reduced Pressure Assembly • Wilkins 950XLT2, Double Check Assembly • Wilkins 950XL3, Double Check Assembly • Double DFW D1500 24" x 18" Box (Double Check Box) with Overlapping Lid • Watts LF800M4, Pressure Vacuum Breaker • Dual Check Valves — Ford HHS31, EC-23, Watts LF7 or Wilkins 700XL • Schedule 80 PVC piping to be used in installations of Assemblies. The Contractor does have the option to charge for difficult installations which require extra personnel or equipment due to roots, ground cover or other circumstances which would require them to perform above the norm for installations. However, these circumstances are at the discretion of the Cross -Connection staff and must be approved before work commences. 4.10. CONTRACTORS EXPERIENCE The Contractor shall demonstrate a minimum of 5years of experience with the testing, maintenance and installation of backflow assemblies. References from former/current clientele to such experience will be acceptable. Page 21 of 54 [Version July 2025] IFB 26-008 4.11. REFERENCES Each Bidder must submit with its Bid, three (3) references (see references form). References shall be of similar scope of operations as Toho to whom the Bidder has supplied the same services within the past five (5) years. References must be able to attest without reservation to the fact that the Bidder provided the contracted goods/services without a significant problem of any kind, and at any time during the contract period. 4.12. WARRANTY The Contractor agrees that the goods furnished under any award resulting from this solicitation shall be covered by the most favorable commercial warranties the Contractor gives any customer for such goods and that the rights and remedies provided therein are in addition to and do not limit those available to Toho by any other clause of this solicitation. At a minimum, all work shall be guaranteed by the Contractor against defects resulting from the use of inferior materials, equipment or workmanship for two (2) weeks from the date of acceptance of the test report by Toho. The Contractor warrants that, unless otherwise specified, all materials and equipment incorporated in this solicitation and under the contract shall be new, in first class condition, and in accordance with the IFB documents. The Contractor further warrants that all workmanship be of the highest quality and in accordance with contract documents and shall be performed by persons qualified at their respective trades. Defects discovered during the warranty period shall be corrected by the Contractor to Toho's satisfaction. 4.13. BACKFLOW SCENARIO DIAGRAM Attachment G — Backflow Scenarios is provided as a guide for typical backflow scenarios that the tester is likely to encounter. These are the recommendations that the tester needs to make to Toho based on their survey results. 4.14. HOSE BIBBS Some situations may occur whereby a backflow being replaced has a hose bibb connected on the downstream leg of a backflow assembly or installed at the meter. The Contractor is required to reinstall and or replace the hose bibb as part of the new installation (see Attachment H - Hose Bib Tee Description) 4.15. CONTACT INFORMATION All questions and communications for Toho Cross -Connection staff should be sent to BackflowCompliance@tohowater.com or by phone at (407) 944-5059. Page 22 of 54 [Version July 2025] IFB 26-008 • Addenda Acknowledgment Form • Bid Price Form • Authorized Signature Form • Bidder's Reference List SECTION 5 BID FORMS Page 23 of 54 [Version July 2025] IFB 26-008 ADDENDA ACKNOWLEDGMENT FORM The Bidder acknowledges that he has received Addenda Number(s): Number Addendum Title Number Addendum Title Number Addendum Title Bidder Initials Bidder Initials Bidder Initials Bidder shall insert number and name of each addendum received and agrees that all addenda issued are hereby made a part of the proposed Contract Forms, and the Bidder further agrees that its Bid is submitted after consideration of said addenda. Page 24 of 54 [Version July 2025] IFB 26-008 BID PRICE FORM Item Description Estimated Unit Unit Price Extended Price Number Qty. Group A: Testing, Repair and Survey Backflow Assembly Test, Repair and Retest 1 for Services 2" or 2,000 Each Smaller Backflow Assembly Test 2 for Services 2" or 11,500 Each Smaller 3 Site Inspection Only 4,000 Each (Residential) 4 Cross -Connection 8000 Each Inspection (Reclaimed) ' Group A: Testing, Repair and Survey Total Bid: $ Group B: Installation Services 5 3/4' RP 10 Each 6 F RP 170 Each 7 2' RP 10 Each 8 3/4' PVB 10 Each 9 1' PVB 50 Each %" DC (Without Meter 10 Box) 125 Each %" DC (With Meter 11 Box) 10 Each 1" DC (Without Meter 12 Box) 15 Each 13 1" DC (With Meter Box) 175 Each 14 3/a" Dual Check Valve 6,000 Each 15 1" Dual Check Valve 500 Each 16 %" Brass HBVB 12 Each Remove Existing BF & l7 Straight Pipe Only 80 Each Page 25 of 54 [Version July 2025] IFB 26-008 Item Number Description Estimated Qty. Unit Unit Price Extended Price 18 Meter Box Only 15 Each 19 Install Hose Bib Tee in on Downstream Pipe of Backflow 25 Each 20 Challenging Installation 100 Each Group B: Installation Services Total Bid: $ Group A and B Total Base Bid: $ Note that the quantities above are estimates of annual scope of work. These quantities are used to provide the bidder with the magnitude of the work and the owner with the means to compare bids. (Amount Written in Words) Firm Name Firm Address Authorized Signature Printed Name Phone Number E-Mail Address Page 26 of 54 [Version July 2025] IFB 26-008 AUTHORIZED SIGNATURE FORM Bidder: Complete the applicable Acknowledgement for An Individual Acting in His Own Right, A Partnership, A Corporation, or a Limited Liability Corporation, (LLC) according to your firm type. FOR AN INDIVIDUAL ACTING IN HIS OWN RIGHT STATE OF COUNTY OF SWORN TO and subscribed before me by means of ❑ physical presence or ❑ online notarization, this day of 20 , by acting in an individual capacity. He/she is personally known to me OR has produced as identification and did (did not) take an oath. Notary Public Signature Print Name My Commission Expires: FOR PARTNERSHIP STATE OF COUNTY OF (AFFIX NOTARY SEAL) SWORN TO and subscribed before me by means of ❑ physical presence or ❑ online notarization, this day of , 20 , by _ , who is a partner on behalf of partnership. He/she is personally known to me OR has produced did (did not) take an oath. Notary Public Signature Print Name Commission NOTARY SEAL , a as identification and Page 27 of 54 [Version July 2025] IFB 26-008 FOR A CORPORATION OR A LIMITED LIABILITY CORPORATION STATE OF COUNTY OF SWORN TO and subscribed before me by means of ❑ physical presence or online notarization, this day of 2C , by , who is (Title) of (Corporation Name) a corporation under the laws of the State of , on behalf of the said corporation.. He/she is personally known to me OR has produced as identification and did (did not) take an oath. Notary Public Signature Print Name My Commission Expires: (AFFIX NOTARY SEAL) Page 28 of 54 [Version July 2025] IFB 26-008 BIDDER'S REFERENCE LIST To enable Toho to evaluate the Bidder's qualification, Bidders will provide references and submit them with the bid package. Provide a minimum of three (3) and maximum of five (5) references where your company has provided similar goods or services within the last five years and include the information requested below. Toho employees may not be used as references. Separate sheets or your own form may be utilized however, all the information should be provided. Inadequate information provided to verify Bidder's experience and qualifications may result in disqualification. Provide the following information for each of the references. (Minimum 3/Maximum 5) Company Name: Company Address: Contact Person: Contact Email Address: Contact Phone Number: Nature of Contract: Dollar Value of Contract: Start and End Dates of Contract: Page 29 of 54 [Version July 2025] IFB 26-008 SECTION 6 SPECIAL TERMS AND CONDITIONS (Omitted) Page 30 of 54 [Version July 2025] IFB 26-008 SECTION 7 ATTACHMENTS Bidders are hereby advised that they must complete the attachments found on the following pages of this section and submit them as part of their Bid. A Affidavit of Non -Collusion and Non -Interest of Toho Employees B E-Verify Use and Registration Certification C Bid Bond or Cashier's Check (If applicable) D Drug Free Workplace Compliance Form E Anti -Human Trafficking Affidavit ATTACHMENT F -SAMPLE AGREEMENT Bidders, please note that the contract is a sample and is intended to provide you with an opportunity to review the contents and specifically the terms and conditions, and anticipated insurance requirements based on current cost estimates. Also, there may be references to specific Attachments and/or exhibits that are intended to be or may be incorporated into the final Contract depending on the negotiated final scope of work for the goods and services that are NOT present in the sample. Page 31 of 54 [Version July 2025] 0111.11 ATTACHMENT A AFFIDAVIT OF NON -COLLUSIONS AND OF NON -INTEREST OF TOHO EMPLOYEES Instructions: "Vendor(s)", defined as any person or entity responding to a formal solicitation issued by the Tohopekaliga Water Authority ("Toho"), must submit this form with their Solicitation Responses. The terms "Contract" and "Agreement" may be interchangeably used. Vendor Name (as on Sunbiz.org): Solicitation/Contract Number: Affidavit of Non -Collusion and of Non -Interest of Toho Employees The undersigned hereby certifies that they are authorized to legally bind the Vendor of this Solicitation Response, that the only person(s) or party(s) interested in this Solicitation Response are those named in the Solicitation Response, that no officer, employee, or agent of the Tohopekaliga Water Authority or any other Vendor is interest in this Solicitation Response, that this Solicitation Response is made without fraud, that this Solicitation Response is made with no past or present collusion with any other person, firm, or corporation. By submitting a Solicitation Response to the above -referenced Solicitation, Vendor also represents that this Solicitation Response has been prepared without collusion or fraud and in fair competition with other Vendors, without any restraint on free competition, and acknowledges that Tohois acting in reliance upon that representation. The undersigned hereby represents that they: make the above certifications based upon personal knowledge; are over the age of 18 years and otherwise competent to make the above certifications; and are authorized to legally bind and make the above certifications on behalf of Vendor. Under penalties of perjury, the undersigned declares that they have read and understand the contents of the foregoing form. Pursuant to the authority granted to the undersigned by Vendor, the undersigned hereby acknowledges, affirms, and makes the above sworn statement. By: Authorized Representative on behalf of Vendor Printed Name: Official Title: STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of , 20 , by , as of , a authorized to do business in the State of Florida on behalf of the company/corporation. They ❑ are personally known to me or ❑ have produced as identification. (Seal) Signature of Notary Public Name of Notary Typed, Printed or Stamped Page 32 of 54 [Version July 2025] IFB 26-008 ATTACHMENT B E-VERIFY USE AND REGISTRATION CERTIFICATION Instructions: "Vendor(s)", defined as any person or entity seeking to engage in business with the Tohopekaliga Water Authority ("Toho"), must certify that they are registered and use the U.S. Department of Homeland Security's E-Verify system using this form. The terms "Contract" and "Agreement" may be interchangeably used. Vendor Name (as on Sunbiz.org): Solicitation/Contract Number: Section 448.095, Florida Statutes, Compliance Certification Employment Eligibility The undersigned, on behalf of the Vendor, hereby certifies as follows: (A) Vendor acknowledges that Section 448.09, Florida Statutes, makes it unlawful for any person to knowingly employ, hire, recruit, or refer, for private or public employment, an alien who is not duly authorized to work in the United States. (B) Vendor acknowledges that, in accordance with Section 448.095(5), Florida Statutes: (1) the Vendor, and any subcontractor thereof, are required register with and use the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees of the Vendor or subcontractor; and (2) Toho may not enter into a contract unless each party to the contract registers with and uses the E-Verify system. (C) Vendor hereby certifies that the Vendor is registered with the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all employees hired during the term of the Contract. (D) Vendor hereby certifies that it does not and shall not employ, contract, or subcontract with an unauthorized alien, pursuant to Section 448.095, Florida Statutes, is otherwise in compliance with the requirements of Sections 448.09 and 448.095, Florida Statutes, and shall remain in compliance with such sections of Florida law during the term of any contract with Toho. (E) Vendor hereby acknowledges that the language of the Solicitation and/or Contract notwithstanding, a contract terminated under Section 448.095(5), Florida Statutes, is not a breach of contract and may not be considered as such. (F) Vendor hereby acknowledges and agrees that in the event that Vendor, or any subcontractor thereof, fails to comply with all applicable provisions of Sections 448.09 and 448.095, Florida Statutes, Toho reserves the right to exercise all remedies available to it at law and in equity, including without limitation recovery from the Vendor of the costs incurred by Toho as a result of termination of the Agreement under the aforementioned Florida statutes. (G)Attached to this form is a true and correct copy of the Vendor's proof of registration in the E-Verify system. (H)Vendor shall ensure compliance with the requirements of Sections 448.09 and 449.095, Florida Statutes, by any and all of its subcontractors, and shall require all subcontractors performing Page 33 of 54 [Version July 2025] IFB 26-008 work under the Contract to provide this same certification form, with parry names changed as applicable. Toho reserves the right to request copies of each such subcontractor's form. Initials: EXECUTION OF ABOVE CERTIFICATION The undersigned hereby represents that they: make the above certification based upon personal knowledge; are over the age of 18 years and otherwise competent to make the above certification; and are authorized to legally bind and make the above certification on behalf of the Vendor. Under penalties of perjury, the undersigned declares that they have read and understand the contents of the foregoing form. Pursuant to the authority granted to the undersigned by Vendor, the undersigned hereby acknowledges, affirms, and makes the certification provided above on behalf of Vendor. By: STATE OF COUNTY OF Authorized Representative on behalf of Vendor Printed Name: Official Title: Date: The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of as 20 , by of , a authorized to do business in the State of Florida on behalf of the company/corporation. They ❑ are personally known to me or ❑ have produced as identification. (Seal) Signature of Notary Public Name of Notary Typed, Printed or Stamped Page 34 of 54 [Version July 2025] IFB 26-008 ATTACHMENT C FLORIDA BID BOND (Omitted) Page 35 of 54 [Version July 2025] IFB 26-008 ATTACHMENT D DRUG FREE WORKPLACE COMPLIANCE FORM Instructions: "Vendor(s)", defined as person or entity seeking to engage in business with the Tohopekaliga Water Authority ("Toho" ); must use this form to certify that they will take the requisite "affirmative steps" as discussed below. The terms "Contract" and "Agreement" may be interchangeably used. Vendor Name (as on Sunbiz.org): Solicitation/Contract Number: Drug -Free Workplace Compliance Form 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 this form and submitting it with its Bid. In order to have a drug -free workplace program, Contractor certifies that it will: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of the Project. Vendor's Initials: Page 36 of 54 [Version July 2025] ED C 11: EXECUTION OF ABOVE CERTIFICATION The undersigned hereby represents that they: make the above certification based upon personal knowledge; are over the age of 18 years and otherwise competent to make the above certification; and are authorized to legally bind and make the above certification on behalf of the Vendor. Under penalties of perjury, the undersigned declares that they have read and understand the contents of the foregoing form. Pursuant to the authority granted to the undersigned by Vendor, the undersigned hereby acknowledges, affirms, and makes the certification provided above on behalf of Vendor. By: STATE OF COUNTY OF Authorized Representative on behalf of Vendor Printed Name: Official Title: The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of , 20 , by as of , a authorized to do business in the State of Florida on behalf of the company/corporation. They ❑ are personally known to me or ❑ have produced as identification. (Seal) Signature of Notary Public Name of Notary Typed, Printed or Stamped Page 37 of 54 [Version July 2025] IFB 26-008 ATTACHMENT E ANTI -HUMAN TRAFFICKING AFFIDAVIT Instructions: "Nongovernmental Entity", defined as any person or entity seeking to engage in business with the Tohopekaliga Water Authority ("Toho"), must complete the following form. The terms "Contract" and "Agreement" may be used interchangeably. Nongovernmental Entity Name Solicitation/Contract Number(s): The undersigned, on behalf of the Nongovernmental Entity, hereby attests as follows: A. The Nongovernmental Entity understands and affirms that Section 787.06(13), Florida Statutes, prohibits Toho from executing, renewing, or extending a contract with entities that use coercion for labor or services, as such terms are defined in Section 787.06, Florida Statutes. B. The Nongovernmental Entity hereby attests, under penalty of perjury, that the Nongovernmental Entity does not use coercion for labor or services as defined in Section 787.06(2), Florida Statutes. C. The Nongovernmental Entity understands and affirms that if at any time in the future, the Nongovernmental Entity does use coercion for labor or services, the Nongovernmental Entity will immediately notify Toho and no contracts may be executed, renewed, or extended with Toho. The undersigned hereby represents that they: make the above attestation based upon personal knowledge; are over the age of 18 years and otherwise competent to make the above attestation; and are authorized to legally bind and make the above attestation on behalf of the Nongovernmental Entity. Under penalties of perjury, the undersigned declares that they have read and understand the contents of the foregoing document and that the facts stated in it are true. Authorized Signature: Printed Name: Title: Date: STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of 20 , by , as on behalf of the Nongovernmental Entity. They ❑ are personally known to me or ❑ have produced as identification. Signature of Notary Public Name of Notary Typed, Printed or Stamped My Commission Expires: Page 38 of 54 [Version July 2025] ATTACHMENT F SAMPLE AGREEMENT Bidders, please note that this contract is a sample and is intended to provide you with an opportunity to review the contents and specifically the terms and conditions, and anticipated insurance requirements based on current cost estimates. Also, there may be references to specific Attachments and/or exhibits that are intended to be or may be incorporated into the final Contract depending on the negotiated final scope of work for the goods and services that are NOT present in the sample. Page 39 of 54 [Version July 2025] AGREEMENT FOR BACKFLOW SURVEY AND INSPECTION, MAINTENANCE AND INSTALLATION SERVICES THIS AGREEMENT FOR BACKFLOW SURVEY AND INSPECTION, MAINTENANCE AND INSTALLATION SERVICES (the "Agreement") is made and entered into between TOHOPEKALIGA WATER AUTHORITY, an independent special district established and created pursuant to Chapter 189, Florida Statutes, by special act of the Florida Legislature, and with a principal address of 951 Martin Luther King Boulevard, Kissimmee, Florida 34741 ("Toho") and CONTRACTOR NAME, a entity type, with a principal address of Address (the "Contractor"). Toho and the Contractor may be individually referred to as a "Party" or collectively as the "Parties". RECITALS. WHEREAS, Toho has competitively solicited for the project name pursuant to IFB-26-008 (the "Solicitation"), a copy of which is attached, including all Addendums, incorporated by reference as Exhibit "A", and made a material part of this Agreement; and WHEREAS, the Contractor has exhibited by its response to the Solicitation, a copy of which is attached, incorporated by reference as Exhibit `B", and made a material part of this Agreement, that it is capable of providing the required goods and services; and WHEREAS, the Parties hereto have agreed to enter into this Agreement, in accordance with the terms and conditions based on the Solicitation and as more specifically set forth herein. NOW, THEREFORE, in consideration of the mutual covenants, terms, and provisions contained herein, the Parties agree as follows: SECTION 1. RECITALS. The above recitals are true and correct and form a material part of this Agreement. SECTION 2. TERM. The term of this Agreement shall become effective upon execution by both Parties and shall continue through Month XX, 202X. This Agreement may be renewed subject to written notice of agreement executed by both Parties, for up to two additional one-year periods. SECTION 3. SCOPE OF SERVICES. The Contractor shall provide those goods and services specified in Section Three — Scope of Services and Related Requirements of Exhibit "A" (collectively the "Services"), in compliance with the terms and conditions of this Agreement, as well as those found in the solicitation document attached as Exhibit "A". If there is a conflict between the provisions of either Exhibit "A" and this Agreement, the terms of this Agreement shall prevail. SECTION 4. OBLIGATIONS OF THE CONTRACTOR. Obligations of the Contractor shall include, but not be limited to, the following: Page 40 of 54 [Version July 2025] A. The Contractor shall provide and pay for all labor, tools, materials, permits, equipment, transportation, supervision, and any other items or services, of any type whatsoever, which are necessary to fully complete and deliver the Services requested by Toho. The Contractor shall not have the authority to create, or cause to be filed, any liens for labor and/or materials on, or against, Toho, or any property owned by Toho. Any such lien, attachment, or encumbrance, until removed, shall preclude any claims or demands by the Contractor for any payment expected by virtue of this Agreement. B. The Contractor shall ensure that all of its employees, agents, subcontractors, representatives, volunteers, and any other associates fully comply with all of the terms and conditions set forth herein when providing Services for Toho under this Agreement. C. The Contractor shall be solely responsible for the means, methods, techniques, sequences, safety programs, and procedures necessary to properly and fully complete the work outlined in the Scope of Services. D. The Contractor shall maintain adequate and competent staff, and remain authorized to do business within the State of Florida for the term of this Agreement, including renewals. The Contractor may subcontract the Services requested by Toho, with prior written approval from Toho; however, the Contractor is fully responsible for the satisfactory completion of all subcontracted work. SECTION 5. STANDARD OF CARE A. The Contractor has represented to Toho that it possesses a level of knowledge, experience, and expertise that is commensurate with firms in the areas of practice required for the Services provided under this Agreement. By executing this Agreement, the Contractor agrees that the Contractor will exercise that degree of care, knowledge, skill, and ability as any other similarly situated contractor possessing the degree of skill, knowledge, experience, and expertise within the local area, working on similar activities. The Contractor shall efficiently perform the requested Services, consistent with Exhibit "A" and Exhibit "B", as well as industry standards. The Contractor hereby covenants and agrees that its employees, agents, subcontractors, representatives, volunteers, and any other associates shall likewise be bound by this representation. B. The Contractor covenants and agrees that it and its employees, agents, subcontractors, representatives, volunteers, and the like, shall be bound by the same standards of conduct as stated above. SECTION 6. COMPENSATION A. The amount paid under this Agreement for acceptable performance and delivery of XXXXXX units described in Exhibit "A" shall not exceed XXXXXXXXXX (the "Not to Exceed Amount") for the term of the agreement, based on the rates specified in Exhibit "B". Purchase Order. B. Toho will not accept any goods delivered or service performed unless a duly authorized Purchase Order has been issued for said goods and/or services. The Purchase Order number must appear on all invoices, packing slips, and all correspondence concerning this order. Page 41 of 54 [Version July 20251 C. Compensation for Services completed by the Contractor shall be paid in accordance with section 218.70, Florida Statutes, Florida's Local Government Prompt Payment Act. D. Services performed in accordance with this Agreement are subject to the annual appropriation of funds by Toho. Toho reserves the right, in its sole discretion, to forego the Contractor's use for any project that may fall within the Scope of Services listed herein. In the event Toho is not satisfied with the Services provided by the Contractor, Toho will hold any amounts due until such time as the Contractor has appropriately addressed the problem to the satisfaction of Toho. E. The obligation of Toho to proceed under this Agreement is conditioned upon the appropriation of funding by Toho's Board of Supervisors. If the funding anticipated for the fulfillment of this Agreement is, at any time, not forthcoming or otherwise insufficient, Toho shall have the right, in its sole discretion, to terminate or suspend this Agreement without damage, penalty, cost, or expense to Toho of any kind whatsoever. The effective date of any such termination or suspension shall be as specified in Toho's notice of termination or suspension. Toho shall have the final authority over whether such funding is available. SECTION 7. TERMINATION A. Termination for Convenience. Toho may terminate this Agreement for convenience by providing written notice to the Contractor no fewer than 30 days prior to such termination. In the event of such a termination for convenience by Toho, the Contractor shall be paid for all authorized Services provided before the effective date of termination. No other damages, fees, or costs may be assessed against Toho for its termination of this Agreement for convenience. B. Termination for Cause Immediate Termination. Toho reserves the right to "Immediate Termination" of this Agreement, with such termination to be effectuated as of the Contractor's receipt of written notice, for any number of the following causes all of which shall constitute a material breach of this Agreement by the Contractor: (a) the amount invoiced by the Contractor exceeds the Not to Exceed Amount; (b) the Contractor files for bankruptcy, becomes insolvent, or is adjudged bankrupt or insolvent by any Court; (c) a receiver of the property of the Contractor is appointed in any proceeding brought by or against the Contractor; (d) the Contractor is determined to be ineligible to do business in the State of Florida; (e) if the Contractor is a non-profit agency, loss by the Contractor of its non-profit status; or M as otherwise expressly provided for in this Agreement. 2. Standard Termination for Cause. For breaches of this Agreement for which Immediate Termination does not apply, Toho may terminate this Agreement for cause upon providing written notice to the Contractor no fewer than 5 business days prior to such termination. Such termination for cause may be for any material breach of this Agreement, or if Toho, using its sole discretion, determines that the Contractor is unable to adequately perform under this Agreement. Opportunity to Cure. Without creating an obligation to provide an opportunity to cure or to accept any proposed cure by the Contractor, Toho reserves the right to provide the Page 42 of 54 [Version July 2025] Contractor with the opportunity to cure a stated breach of this Agreement. If Toho decides to provide such an opportunity to cure, it shall: (a) include such opportunity to cure as part of its notice of termination; and (b) provide a deadline deemed appropriate by Toho by which the Contractor must cure or, only if expressly permitted by Toho, submit its proposed cure to Toho. Toho has no obligation whatsoever to accept any proposed cures submitted by the Contractor. 4. Payment in the Event of Termination for Cause. In the event of termination of this Agreement due to the fault of the Contractor, at the written request of the Contractor, Toho shall compensate the Contractor for all authorized Services completed, before the effective date of termination, which has resulted in a usable product or otherwise tangible benefit to Toho. All such payments shall be subject to an offset for any damages incurred by Toho resulting from the Contractor's breach of this Agreement and any delay occasioned by early termination. No damages, fees, or costs may be assessed against Toho for its termination of this Agreement for cause. 5. In the Event of Wrongful Termination for Cause. If a court of competent jurisdiction determines that this Agreement was wrongfully terminated for cause, then the Contractor's damages for such termination, if any, shall be the same as if Toho had terminated this Agreement for convenience. C. In the Event of Termination. In the event of termination of this Agreement, whether for convenience or cause, the Contractor shall, unless otherwise expressly provided by Toho in its notice of termination: (1) maintain the same service level at which it was providing the Services prior to its receipt of Toho's notice of termination; (2) not be permitted to incur any additional obligations or enter into any additional subcontracts to provide the Services; (3) finalize all necessary reports, invoices, and other documentation required under the terms of this Agreement up to the effective date of termination. SECTION 8. INSURANCE A. The Contractor shall procure and maintain the following types of insurance, with the respective limits, and shall provide proof of the same to Toho, in the form of a Certificate of Insurance prior to the start of any work hereunder: 1. Worker's Compensation: The Contractor shall provide Worker's Compensation coverage for all employees at the site location and, in the case any work is subcontracted, shall require the subcontractor to provide Worker's Compensation for all its employees. The limits shall be statutory for Worker's Compensation and $1,000,000.00 for Employer's Liability. 2. Commercial General Liability: The Contractor shall provide for all operations including, but not limited to, Contractual and products -Completed Operations. The limits shall not be less than $1,000,000.00. 3. Comprehensive Automobile Liability: The Contractor shall provide coverage for all owned and non -owned vehicles for limits not less than $1,000,000.00. Page 43 of 54 [Version July 2025] 4. Umbrella Liability: The Contractor shall provide an umbrella policy in excess to the coverages provided for in the above paragraphs of not less than $1,000,000.00. B. The Contractor shall name "Toho Water Authority" as a certificate holder and as additional insured, to the extent of the Services to be provided hereunder, on all required insurance policies, except for the Worker's Compensation policy, and provide Toho with proof of the same. C. The Contractor, and any authorized subcontractor(s), shall provide Toho's Procurement Division with a Certificate of Insurance evidencing such coverage for the duration of this Agreement. The Certificate of Insurance shall be dated and show: 1. The name of the insured Contractor; 2. The specified job by name and job number; 3. The name of the insurer; 4. The number of the policy; 5. The effective date; 6. The termination date; and 7. A statement that the insurer will mail notice to Toho at least 30 days prior to any material changes in the provisions or cancellation of the policy. D. Receipt of certificates or other documentation of insurance or policies or copies of policies by Toho, or by any of its representatives, which indicates less coverage than is required, does not constitute a waiver of the Contractor's obligation to fulfill the insurance requirements specified herein. E. The Contractor shall ensure that any subcontractor(s), hired to perform any of the duties contained in the Scope of Services of this Agreement, procure and maintain the same insurance requirements as set forth herein. In addition, the Contractor shall maintain proof of the same on file and made readily available upon request by Toho. SECTION 9. TOHO OBLIGATIONS. At the Contractor's request, Toho agrees to provide, at no cost to Toho, all pertinent information known to be available to Toho to assist the Contractor in providing and performing the required Services. SECTION 10. DOCUMENTS CONSTITUTING ENTIRE AGREEMENT A. The following documents are hereby incorporated and made part of this Agreement: 1. Exhibit "A" — Solicitation documents IFB-26-008, including all Addendums 2. Exhibit `B" — Response submitted by the Contractor B. In the event of a conflict between the covenants, terms, and/or provisions of this Agreement and Exhibits "A" and `B", the provisions of the Agreement shall take precedence. Page 44 of 54 [Version July 20251 SECTION 11. APPLICABLE LAW, VENUE, JURY TRIAL A. The laws of the State of Florida shall govern all aspects of this Agreement. In the event it becomes necessary for either Party to initiate legal action regarding this Agreement or the performance of the associated Services, venue shall lie in Osceola County, Florida. The Parties hereby waive their right to trial by jury in any action, proceeding, or claim, arising out of this Agreement, which may be brought by either of the Parties. B. In all respects, this Agreement shall be governed by and construed in accordance with the laws of the State of Florida without giving effect to any choice of law rules thereof that may direct the application of the laws of another jurisdiction. SECTION 12. PUBLIC RECORDS COMPLIANCE A. The Contractor understands that by virtue of this Agreement all of its documents, records, and materials of any kind, relating to the relationship created hereby, shall be open to the public for inspection by Florida law. If the Contractor shall act on behalf of Toho, as provided under section 119.011(2), Florida Statutes, as amended, the Contractor, subject to the terms of section 287.058(l)(c), Florida Statutes, as amended, and any other applicable legal and equitable remedies, shall: 1. Keep and maintain public records that ordinarily and necessarily would be required by Toho in order to perform the Services; and 2. Provide the public with access to public records on the same terms and conditions that Toho would provide the records and at a cost that does not exceed the cost provided by Florida law; and 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and 4. Meet all requirements for retaining public records and transfer, at no cost, to Toho all public records in possession of the Contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirement. All records stored electronically must be provided to Toho in a format that is compatible with the information technology systems of Toho; and 5. If the Contractor does not comply with a public records request, Toho shall enforce the contract provisions in accordance with the Agreement. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE FOLLOWING: RECORDS RETENTION, 951 MARTIN LUTHER KING BLVD. KISSIMMEE, FL 347419 PUBLICRECORDSREOUESTS(a,TOHOWATER.COM, (407) 483-3822. Page 45 of 54 [Version July 2025] SECTION 13. INDEPENDENT CONTRACTOR. This Agreement does not create an employee/employer relationship between the Parties. It is the Parties' intention that the Contractor, its employees, subcontractors, representatives, volunteers, and the like, will be an independent contractor and not an employee of Toho for all purposes, including, but not limited to, the application of the following, as amended: the Fair Labor Standards Act minimum wage and overtime payments; the Federal Insurance Contribution Act; the Social Security Act; the Federal Unemployment Tax Act; the provisions of the Internal Revenue Code; the State of Florida revenue and taxation laws; the State of Florida workers' compensation laws; the State of Florida unemployment insurance laws; and the Florida Retirement System benefits. The Contractor will retain sole and absolute discretion in the judgment of the manner and means of carrying out the Contractor's activities and responsibilities hereunder. SECTION 14. APPLICABLE LICENSING. The Contractor, at its sole expense, shall obtain all required federal, state, and local licenses, occupational and otherwise, required to successfully provide the Services set forth herein. SECTION 15. COMPLIANCE WITH ALL LAWS. The Contractor, at its sole expense, shall comply with all laws, ordinances, judicial decisions, orders, and regulations of federal, state, Toho, and municipal governments, as well as their respective departments, commissions, boards, and officers, which are in effect at the time of execution of this Agreement or are adopted at any time following the execution of this Agreement. SECTION 16. INDEMNIFICATION. To the fullest extent permitted by law, the Contractor shall defend, indemnify, and hold harmless Toho, its officials, agents, and employees from, and against, any claims, suits, judgments, demands, liabilities, damages, costs, and expenses (including, but not limited to attorneys' fees, paralegals' fees, consultants' fees, and costs at all administrative, pretrial, trial, and appellate levels) of any kind or nature whatsoever, arising directly or indirectly out of or caused, in whole or part, by any act or omission of the Contractor or its subcontractors (if any), anyone directly or indirectly employed by them, or anyone for whose acts any of them may be liable. SECTION 17. SOVEREIGN IMMUNITY. Toho expressly retains all rights, benefits, and immunities of sovereign immunity by section 768.28, Florida Statutes. Notwithstanding anything outlined in any section, article, or paragraph of this Agreement to the contrary, nothing in this Agreement shall be deemed as a waiver of sovereign immunity or limits of liability, which may have been adopted by the Florida Legislature or may be adopted by the Florida Legislature, and the cap on the amount and liability of Toho for damages, attorney fees, and costs, regardless of the number or nature of claims in tort, equity, or contract, shall not exceed the dollar amount set by the Florida Legislature for tort. Nothing in this Agreement shall inure to the benefit of any third party to allow any claim against Toho, which would otherwise be barred under the Doctrine of Sovereign Immunity or operation of law. SECTION 18. BINDING EFFECT. This Agreement shall be binding upon and inure to the benefit of the Parties hereto, their heirs, personal representatives, successors, and/or assigns. SECTION 19. ASSIGNMENT. This Agreement shall only be assignable by the Contractor upon the express written consent of Toho. Page 46 of 54 [Version July 2025] SECTION 20. SEVERABILITY. All clauses found herein shall act independently of each other. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or otherwise unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. SECTION 21. WAIVER. Failure of the Parties to insist upon strict performance of any of the covenants, terms, provisions, or conditions of this Agreement, or to exercise any right or option herein contained, shall not be construed as a waiver or a relinquishment for the future of any such covenant, term, provision, condition, or right of election, but same shall remain in full force and effect. SECTION 22. NOTICE. The Parties hereto agree and understand that written notice, mailed or delivered to the last known mailing address, shall constitute sufficient notice to Toho and the Contractor. All notices required and/or made pursuant to this Agreement to be given to Toho and the Contractor shall be in writing and given by way of the United States Postal Service, first-class mail, postage prepaid, addressed to the following addresses of record: Toho: Tohopekaliga Water Authority Attention: Procurement Services Department 951 Martin Luther King Blvd Kissimmee, Florida 34741 Contractor: Insert Vendor Name Vendor Address Vendor City, State, Zip SECTION 23. MODIFICATION. The covenants, terms, and provisions of this Agreement may be modified by way of a written instrument, mutually accepted by the Parties hereto. In the event of a conflict between the covenants, terms, and/or provisions of this Agreement and any written Amendment(s) hereto, the provisions of the latest executed instrument shall take precedence. SECTION 24. HEADINGS. All headings of the sections, exhibits, and attachments contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit, or change the provisions contained in such sections, exhibits, and attachments. SECTION 25. ADMINISTRATIVE PROVISIONS. In the event Toho issues a purchase order, memorandum, letter, or any other instrument addressing the Services, work, and materials to be provided and performed pursuant to this Agreement, it is hereby specifically agreed and understood that any such purchase order, memorandum, letter, or other instrument is for Toho's internal purposes only, and any and all terms, provisions, and conditions contained therein, whether printed or written, shall in no way modify the covenants, terms, and provisions of this Agreement and shall have no force or effect thereon. SECTION 26. CONFLICT OF INTEREST. The Contractor warrants that the Contractor has not employed or retained any company or person, other than a bona fide employee working solely Page 47 of 54 [Version July 20251 for the Contractor, to solicit or secure this Agreement, and that the Contractor has not paid or agreed to pay any person, company, corporation, individual, or firm any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this Paragraph, Toho shall have the right to terminate this Agreement immediately, without liability and without regard to the notice requirements of Section 7 hereof. SECTION 27. FLORIDA VENDOR ELIGIBILITY A. Public Entity Crimes. Contractor hereby represents, warrants, and certifies that: (a) neither Contractor, nor one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of Contractor, nor any affiliate of the entity, has been charged with and convicted of public entity crime subsequent to July 1, 1989; (b) Contractor has not been placed on any convicted vendor list by the State of Florida and that it will not utilize any funding provided pursuant to this Agreement to subcontract with any vendor that has been placed on any such convicted vendor list; (c) Contractor has read and reviewed the provisions, requirements, and prohibitions of Florida's Public Entity Crime Act, Section 287.133, Florida Statutes, and hereby affirms its compliance therewith. For the purposes of this provision, the terms "public entity crime", "convicted", and "affiliate" shall be as defined in Section 287.133, Florida Statutes. B. Scrutinized Companies 1. Contractor hereby represents, warrants, and certifies that: (i) Contractor is not on Florida's Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, nor is it engaged in a boycott of Israel; and (ii) Contractor has read and reviewed the provisions, requirements, and prohibitions of Florida's prohibition against contracting with scrutinized companies, as found in Section 287.135, Florida Statutes, and hereby affirms its compliance therewith. 2. If the value of this Agreement meets or exceeds $1,000,000, then Contractor hereby additionally represents, warrants, and certifies that: (i) Contractor is not on the "Scrutinized Companies with Activities in Sudan List" or the "Scrutinized Companies with Activities in the Iran Terrorism Sectors List", created pursuant to Section 215.473, Florida Statutes; and (ii) is not engaged in business operations in Cuba or Syria. 3. 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, Toho shall have the option to terminate this Agreement and shall have the right to, notwithstanding anything to the contrary in this Agreement, pursue all remedies available to it in equity and at law. C. Discriminatory Vendors. Contractor hereby represents, warrants, and certifies that entering into this Agreement will not violate Section 287.134, Florida Statutes, which provides that an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, Page 48 of 54 [Version July 2025] subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. D. Anti -Trust Violators. Contractor hereby represents, warrants, and certifies that entering into this Agreement will not violate Section 287.137, Florida Statutes, which provides that a person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held ;civilly liable for an antitrust violation may not submit a bid, proposal, or reply for any new contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply for a new contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on new leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a new contract with a public entity; and may not transact new business with a public entity. E. Countries of Foreign Concern. Contractor hereby represents, warrants, and certifies that entering into this Agreement will not violate Section 287.138, Florida Statutes, which provides that Toho may not enter into a contract with an entity that gives access to an individual's personal identifying information if the entity is owned, controlled, or organized under the laws of a Foreign Country of Concern which includes: the People's Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People's Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolas Maduro, the Syrian Arab Republic, or any other entity or agency under the significant control of such Foreign Country of Concern. F. Common Carrier. If Contractor meets the definition of "Common Carrier" under Section 908.111, Florida Statutes, then Contractor shall execute an attestation in conformity with Section 92.525, Florida Statutes, that the common carrier or contracted carrier is not willfully providing and will not willfully provide any service during the contract term in furtherance of transporting aperson into the State of Florida knowing that the person is an unauthorized alien, except to facilitate the detention, removal, or departure of the person from this state or the United States. Such attestation must be provided to Toho priorto commencement of this Agreement. In accordance with Section 908.111, Florida Statutes, Toho may terminate this Agreement for cause if Contractor is found to be in violation of this provision or its attestation. G. Anti -Human Trafficking. Contractor hereby represents, warrants, and certifies that Contractor does not use coercion for labor or services as defined in Section 787.06, Florida Statutes and that Contractor has provided the affidavit attached hereto within L42ttachment 1, Contractor's Response, to Toho. SECTION 28. EMPLOYMENT ELIGIBILITY VERIFICATION (E-VERIFY) A. As a condition precedent to entering into this Agreement, and in compliance with section 448.095, Florida Statutes, the Contractor, and its subcontractors shall register with and use the E-Verify system to verify work authorization status of all employees hired after January 1, 2021. B. The Contractor shall require each of its subcontractors to provide the Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with any unauthorized alien. The Contractor shall maintain a copy of the subcontractor's affidavit as Page 49 of 54 [Version July 2025] part of and pursuant to the records retention requirements of this Agreement. C. The Contractor, or any subcontractor who has a good faith belief that a person or entity with which it is contracting knowingly violated Section 448.09(1), Florida Statutes, or the provisions of this Section, shall terminate the contract with the person or entity. D. Toho, upon good faith belief that a subcontractor knowingly violated the provisions of this Section, but the Contractor otherwise complied, shall promptly notify the Contractor and the Contractor shall immediately terminate the contract with the subcontractor. E. A contract terminated under the provisions of this Section is not a breach of contract and may not be considered as such. Any contractor terminated under the provisions of this Section may be challenged pursuant to section 448.095(2), Florida Statutes. The Contractor acknowledges that upon the termination of this Agreement by Toho for a violation of this Section by the Contractor, the Contractor may not be awarded a public contract for at least one year. The Contractor further acknowledges that the Contractor is liable for any additional costs incurred by Toho as a result of any contract for a violation of this section. F. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in this Section, including this subsection, requiring the subcontractors to include these clauses in any lower -tier subcontracts. The Contractor shall be responsible for compliance by any subcontractor or lower -tier subcontractor with the clauses set forth in this Section. G. Information on registration for and use of the E-Verify program can be obtained via the internet at the Department of Homeland Security website: http://www.dhs.gov/E-verify SECTION 29. JOINT AUTHORSHIP. This Agreement shall be construed as resulting from joint negotiation and authorship. No part of this Agreement shall be construed as the product of any one of the Parties hereto. SECTION 30. EQUAL OPPORTUNITY EMPLOYER. The Contractor is an Equal Opportunity Employer and will comply with all equal opportunity employment laws. The Contractor will further ensure that all subcontractors it utilizes in providing the Services required under this Agreement will comply with all equal opportunity employment laws. SECTION 31. AUDITING, RECORDS, AND INSPECTION. The Contractor shall keep books, records, and accounts of all activities related to the Agreement, in compliance with generally accepted accounting procedures. All books, records, and accounts related to the performance of this Agreement shall be open to inspection during regular business hours by an authorized representative of Toho, and shall be retained by the Contractor for a period of 5 years after termination or completion of the Agreement, or until five years after the full Toho audit is complete, whichever comes later. Toho shall retain the right to audit the books during the applicable retention period. All books, records, and accounts related to the performance of this Agreement shall be subject to the applicable provisions of the Florida Public Records Act, chapter 119, Florida Statutes. Toho also has the right to conduct an audit within 60 days from the effective date of this Agreement to determine whether the Contractor has the ability to fulfill its contractual obligations to the satisfaction of Toho. Toho has the right to terminate this Agreement based upon its findings in this audit without regard to the termination provision set forth herein. Page 50 of 54 [Version July 2025] SECTION 32. PROJECT MANAGERS. Toho and the Contractor have identified the individuals listed below as Project Managers who shall have the responsibility for managing the work performed under this Agreement. The person or individual identified by the Contractor to serve as its Project Manager for this Agreement, or any replacement thereof, is subject to prior written approval and acceptance by Toho. If Toho or Contractor replace their current Project Manager with another individual, an amendment to this Agreement shall not be required. Toho will notify the Contractor, in writing, if the current Toho Project Manager is replaced by another individual. A. Toho Project Manager's contact information is as follows: Steven Hollingsed — Environmental Supervisor Toho Water Authority (407) 483-3384 Email:shollingsed@Tohowater.com B. The Contractor Project Manager's contact information is as follows: SECTION 33. SIGNATORY. Each signatory below represents and warrants that he or she has the full power and is duly authorized by their respective Party, to enter into and perform under this Agreement. Such signatory further represents that he or she has fully reviewed and understands the terms and conditions set forth in this Agreement, including attachments, and fully intends to abide by and comply with all of the terms and conditions set forth herein. SECTION 34. ELECTRONIC TRANSACTIONS, AND ELECTRONIC SIGNATURES. In accordance with Parts I and II of Chapter 668, Florida Statutes, the Parties agree that this Agreement may be created, generated, sent, communicated, received, or stored by electronic means and that electronic signatures may be used in the execution of this Agreement with the same force and effect as written signatures. Each Party shall provide any information reasonably necessary to confirm the identity and authority of the person signing this Agreement on behalf of the Parry. The Parties agree that once fully executed, this Agreement will be stored by Toho as an electronic record and delivered by email transmission to the Parties at the email addresses set forth herein. SECTION 35. PURCHASES OF GOODS. To the extent that this agreement involves the purchase of goods by Toho from the Contractor, the following terms apply: A. Quality. All materials or services furnished must be as specified and subject to Toho inspection after delivery at destination. Variations in materials or services from those specified in this Agreement must not be made without prior written authority from Toho's Procurement Director. Material rejected will be returned and shall be done so at the Contractor's sole risk Page 51 of 54 [Version July 2025] and expense. B. Quantity/Price. The quantity of materials ordered and/or the prices specified must not be exceeded without written authority from Toho's Procurement Director. C. Patent/Copyright Hold Harmless. The Contractor shall pay all royalties and assume all costs arising from the use of any invention, design, process, materials, equipment, product, or device which is the subject of patent rights or copyrights. The Contractor shall at its own expense, hold harmless and defend Toho against any claim, suit or proceeding brought against Toho which is based upon claim, whether rightful or otherwise, that the goods or services or any part thereof, furnished under this Agreement constitute an infringement of any patent or copyright of the United States. The Contractor shall pay all damages and costs awarded against Toho to include legal fees. D. Packing. If awarded an Agreement, invoices and package lists must clearly be marked with shipper's name, address, Agreement Number, and Purchase Order Number (if applicable). Charges are not allowed for boxing, crating, or special deliveries unless previously agreed upon in writing. E. Delivery. All goods and other materials must be shipped F.O.B. Destination with transportation charges prepaid. If Toho agrees in writing, freight charges may be prepaid by the Contractor and listed on the invoice; however, the Contractor retains title and assumes all responsibility, liability, and risk in transit and shall be responsible for the filing of claims for loss or damages. Toho reserves the right to cancel this order and purchase elsewhere if the Contractor fails to meet the delivery date specified in the Agreement (or Purchase Order, if applicable). Deliveries shall be made between 7:00a.m. and 3:30p.m. Monday through Friday, excluding holidays, unless otherwise stipulated. F. Safety Data Sheet. As necessary, the Contractor agrees to furnish Toho with a current Material Safety Data Sheet ("SDS") on or before delivery of each and every hazardous chemical or substance purchased which is classified as toxic under Chapter 422, Florida Statutes. Appropriate labels and MSDSs shall be provided for all shipments. G. OSHA Requirement. The Contractor hereby guarantees Toho that all materials, supplies, and equipment as listed in the Agreement (or on the resulting Purchase Order, if applicable) shall meet the requirements, specifications, and standards as provided under the U.S. Department of Labor Occupational Safety and Health Act of 1970 as from time to time amended and in force at date thereof. H. Inspection/Acceptance. All goods and/or services provided through this Agreement are subject to inspection and acceptance upon receipt or completion by an authorized representative of Toho. Payment shall not be authorized until the goods and/or services have been received, accepted, and properly invoiced. Warranty. The Contractor agrees to provide a full warranty to Toho for all good and materials which it provides hereunder for a minimum of one full year following the date of delivery or completion of services. In the event that the Contractor is called to perform warranty work, the Contractor will be responsible for all costs incurred in repairing the areas under warranty. The manufacturer's warranty on materials received and installed shall extend for the full warranty period. Page 52 of 54 [Version July 2025] J. Default. In the case of default by the Contractor or failure to deliver the supplies or services ordered by the time specified, Toho after due notice (oral or in writing), may procure them from other sources and hold vendor responsible for any excess cost occasioned thereby. K. Variation in Quantity. Toho assumes no liability for material produced, processed, or shipped in excess of the amount specified herein. SECTION 36. ENTIRE AGREEMENT. This Agreement, and any documents incorporated, referenced, or attached hereto, sets forth and constitutes the entire agreement and understanding of the Parties with respect its subject matter. In regard to such subject matter, this Agreement supersedes any and all prior agreements, negotiations, correspondence, undertakings, promises, covenants, arrangements, communications, representations, and warranties, whether oral or written, of either of the Parties. [SIGNATURES ON FOLLOWING PAGE] Page 53 of 54 [Version July 2025] IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates set forth below. [INSERTr VENDOR} N y TOHOPEKALIGA WATER By: Print Name: Title: Date: Attest: Print Name: Title: Address: Date: AUTHORITY By: Print Name: Title: Date: Attest: Print Name: Title: Address: 951 Martin Luther King Blvd. Kissimmee, Florida 34741 Date: STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization, this day of , 2025, by as of INSERT VENDOR NAME., INSERT SUNBIZ ENTITY TYPE, on behalf of the company, who [ ] is personally known to me OR [ ] has produced . as identification. Notary Signature Printed Name: My Commission No.: My Commission Expires: (Stamp) Page 54 of 54 [Version July 2025] Toho Water Authority, iv 951 Martin Luther King Blvd. Kissimmee, FL 34741 Tel: (407) 944-5000 tohowater.com ADDENDUM #1 To: Public From: Brian Grover, Procurement Coordinator I, Procurement Services Department Subject: IFB-26-008 Backflow Survey and Inspection, Maintenance and Installation Services Date: February 19, 2026 This addendum is issued to provide additional information, clarification, corrections, additions, deletions and/or to answer questions concerning the above -mentioned solicitation. All information provided in this addendum is incorporated into the solicitation document as if set forth therein. All other parts of the solicitation have been maintained as originally distributed. This addendum supersedes any verbal or other instructions given pursuant to the requirements set forth in the solicitation documents. QUESTIONS AND ANSWER: Q1. Reference Pg 40 SECTION 2. TERM. The term of this Agreement shall become effective upon execution by both Parties and shall continue through Month XX, 202X. This Agreement may be renewed subject to written notice of agreement executed by both Parties, for up to two additional one-year periods. What is the initial Term of Contract? Al. The initial term of this contract will be for two years. DUE DATE: The due date has changed. Tohopekaliga Water Authority will receive sealed Bids from Prospective Bidders until 2:00 PM on Thursday, March 26, 2026. Acknowledgment is hereby made of Addendum #1. Signature of Bidder cc: Project File Page 1 of 1 Date Rev.05.27.2025 Toho Water Authority � .'� 4 ADDENDUM #2 951 Martin Luther King Blvd. Kissimmee, FL 34741 Tel: (407) 944-5000 tohowater.com To: Public From: Brian Grover, Procurement Coordinator I, Procurement Services Department Subject: IFB-26-008 Backflow Survey and Inspection, Maintenance and Installation Services Date: March 12, 2026 This addendum is issued to provide additional information, clarification, corrections, additions, deletions and/or to answer questions concerning the above -mentioned solicitation. All information provided in this addendum is incorporated into the solicitation document as if set forth therein. All other parts of the solicitation have been maintained as originally distributed. This addendum supersedes any verbal or other instructions given pursuant to the requirements set forth in the solicitation documents. I. FILES: 1. 2.1_IFB-26-008_Section 4.16_Emergency Backflow Repair 2. 2.2 IFB-26-008 Revised Bid Price Form II. CLARIFICATION: 1. Emergency Backflow Repair Services have been added to Section 4 — Technical Specifications, along with a corresponding line item in Section 5 — Bid Price Form. See Attachments 2.1 and 2.2. III. QUESTIONS AND ANSWER: Q1. No Reference/Not Indicated Are there any liquidated damages? A2. There are no liquidated damages associated with this bid. IV. DUE DATE: The due date has not changed. Tohopekaliga Water Authority will receive sealed Bids from Prospective Bidders until 2:00 PM on Thursday, March 26, 2026. Acknowledgment is hereby made of Addendum #2. Signature of Bidder cc: Project File Page 1 of 1 Date Rev.05.27.2025 SECTION 4 TECHNICAL SPECIFICATIONS OR SCOPE OF SERVICES 4.16 EMERGENCY BACKFLOW REPAIR SERVICES Emergency Backflow Repair Services shall be provided by the Contractor when Toho declares an emergency event impacting the Cross -Connection Control Program. The Contractor shall furnish personnel, equipment, parts, and administrative support necessary to assist Toho in responding to large-scale or urgent cross -connection hazards that require accelerated inspection, repair, or replacement of backflow prevention assemblies. 4.16.1. Declaration of an Emergency Only Toho's Chief Operations Officer and/or Chief Executive Officer/Executive Director shall have the authority to declare an Emergency Event under this Contract. Most emergency events are expected to last between 1 and 14 days, though longer durations may occur. 4.16.2 Contractor Response Requirements Upon notification of an Emergency Event, the Contractor shall: 1. Acknowledge receipt of Toho's request within 30 minutes of communication. 2. Report to the designated location within 12 - 24 hours of accepting the assignment. 3. Provide sufficient personnel to meet the accelerated inspection, testing, repair, or replacement demands established by Toho. Emergency requests received outside standard operating hours shall follow the same response expectations outlined above, and the Contractor shall maintain personnel capable of responding within three (3) hours at any time; the Contractor shall also maintain an after-hours emergency answering service capable of immediately acknowledging Toho's request and initiating rapid dispatch of personnel. Unless otherwise directed by Toho, work assignments during Emergency Events may follow a 16-hour maximum operational period per day, transitioning to a 12-hours-on / 12-hours-off schedule for extended events to ensure safe staffing levels. All Contractor personnel shall meet the certification and qualification requirements described elsewhere in this Scope. 4.16.3 Communication Protocol Toho's Cross -Connection Manager will initiate emergency notification to the Contractor via phone call, followed by written confirmation through email. Communication during the Emergency Event may include email, phone calls, text messages, work order assignments, shared spreadsheets, or other documented methods used to relay location information, work descriptions, and relevant backflow details. The Contractor shall be responsible for maintaining reliable and timely communication throughout the Emergency Event and shall respond to all instructions or follow-up communications promptly in accordance with Section 4.4. If the Contractor cannot meet the required response time or staffing expectations for any reason, the Contractor will make every effort to notify the Cross -Connection Manager in writing (email) within two (2) hours of receiving the initial emergency request. Toho retains the right to immediately contact additional awarded vendors without waiting for the two-hour period to elapse when necessary to protect the public water supply. 4.16.4 Emergency Pricing and Compensation During a declared Emergency Event, Toho shall compensate the Contractor on a per -employee, per -day basis for personnel assigned solely to support emergency operations based on the rates provided in the Revised Bid Price Form, Group C: Emergency Response Rates. This reimbursement applies only to labor provided beyond normal contract requirements and must be approved in advance by the Cross -Connection Manager. In order to be considered responsive, each Bidder must provide an emergency response rate in Group C; however, contract award will be based solely on the total Base Bid Price, and pricing submitted for Group C: Emergency Response Rates shall not be considered in the award evaluation. Toho will reimburse the Contractor for expedited shipping costs for parts required during an Emergency Event, provided each request is submitted individually to the Cross -Connection Manager with accompanying receipts. Blanket or automatic approval of additional costs will not be permitted, and all emergency -related costs shall be itemized and submitted in a format acceptable to the Cross -Connection Control Program. IFB 26-008 REVISED BID PRICE FORM Item Number Description _ Estimated Qty. Unit Unit Price Extended, Price Group A: Testing, Repair and Survey 1 Backflow Assembly Test, Repair and Retest for Services 2" or Smaller 2,000 Each 2 Backflow Assembly Test for Services 2" or Smaller 11,500 Each 3 Site Inspection Only (Residential) 4,000 Each 4 Cross -Connection Inspection (Reclaimed) 8,000 Each Group A: Testing, Repair and Survey Total Bid: $ Group B: Installation Services 5 3/4' RP 10 Each 6 F RP 170 Each 7 2' RP 10 Each 8 3/4' PVB 10 Each 9 1' PVB 50 Each 10 3/4" DC (Without Meter Box) 125 Each 11 3/4" DC (With Meter Box) 10 Each 12 1" DC (Without Meter Box) 15 Each 13 1" DC (With Meter Box) 175 Each 14 3/4" Dual Check Valve 6,000 Each 15 1" Dual Check Valve 500 Each 16 3/4" Brass HBVB 12 Each IFB 26-008 Item Description Estimated Unit Unit Price Extended Price Number Qty. Remove Existing BF & 1 Straight Pipe Only 80 Each 18 Meter Box Only 15 Each Install Hose Bib Tee in 19 on Downstream Pipe of 25 Each Backflow 20 Challenging Installation 100 Each Group B: Installation Services Total Bid: $ Group A and B Total Base Bid: $ Group C: Emergency Response Rates Item Description Estimated Unit Unit Price Extended Price Number Qty in Days. Additional Emergency Each (Per 21 Personnel, Per Employee 30 Employee Per Day. / Per Day) Group C Total Bid Price: $ 1r,B 26-008 AUTHORIZED SIGNATURE FORM ffidd,&: Complete the applicable AcknoMedgement for An Individual Acting ini 14is Own Rig-ht, A Partnership, A Corporation, or a Lit'61ted Liability Corporation, (LLC) acedrdifig to your r1rr'h type. AN INDIVIDUAL ACTING IN HIS OWN RIGHT STATE OF COUNTY OF SWORN TO and subscribed before me by means of 1:1 physical presence or F] online notarization, thig day of -- -, 20_, by acting in an individual capacity. 14t/she k personally kn(Avn to me OR has produced as ideAtifle'tifidn and did (did riot) take an oath: NdfAq Public Sigh6Wit Print NfAft My CommIssion E*rer. (AFFIX NOTARY StAL) PARTNERSHIP STATE OF COUNTY OF SWORN TO Arid sUbsdih6d before me by means of r—] physical presence orF� Wind notarization; this &Y of 120, by who is a partner on b6fialf bf a pafffidi,ship. Hehe 1� personally known to me OR has pr6ditced as ideritrfieatioh and did (did not) take an oath; Ndtaty Public Slghaiit6 Pritit Mime Commission Pagt 27 of 54 ( IcN!66.1420251 IFB 26-008 FOR A CCORPORATION OR A LIMITED LIABILITY CORPORATION STATE OF - 1" COUNTY OF `✓l SWORN TO and subscribed before the by means of physical presence or online notarization, this day of , 20 by -ib. VJIL V Pq who is P(15 1 dud Lj (Title) of (,4,1�if1`s &Wk- l w �IgmcQu du (Corporation Name) a corporation2�AVnto ws of the State of (1C , on behalf of the said corporation.. He/she i personally e ORhas produced as identification and did (did not) take an Notary Public State of Florida Notary Public Signature Michelle Remele ittl My COMMISsIon HH 436394 Expiresil/24/2027 Print Name j My Commission Expires: I a (AFFIX NOTARY SEAL) Page 28 of 54 lVersion }uly 201il Q Sofflce:407-829-7933 I Fax:800-283-3168 Address: 130 Middle Street, Lake Mary FL 32746A�ARON ACKFLO SERVICES rWeb: aaronsbackflow.com I Email: officegaaronsbackflow.com LIC#: CFC1427186 I FIRE LIC # FPC14-000029 Bidder's Reference List IFB-26-008 Backflow Survey and Inspection, Maintenance and Installation Services Company Name: Company Address; Contact Person: Contact Email Address: Contact Phone Number: Nature of Contract: Dollar Value of Contract: Start and End Dates of Contract Company Name: Company Address: Contact Person: Contact Email Address: Contact Phone Number: Nature of Contract: Dollar Value of Contract: Start and End Dates of Contract: Orlando Utilities Commission 100 West Anderson Street, Orlando FL 32801 Leonel Dominguez LDominguez@ouc.com 407-466-4533 or 407-434-2523 Testing and repair/retest of residential and commercial backflows for OUC water customers. Replacement of residential backflows that fail annual testing and need replacement. We provide this service for approximately 20,000 residential customers and 12,000.commercial customers per year. We are also a Preferred Contractor for OUC and provide commercial backflow installations for private OUC customers. These installations include fireline and non-fireiine backflows ranging in size from 3/" -12". $1.7 million January 2021 — January 2027 City of Port Orange 1000 City Center Circle, Port Orange FL 32129 Graeme Gardiner GGardiner@port-orange.org 386-506-5953 Testing and repair/retest of residential backflows for the City of Port Orange Utilities customers. We provide this service for approximately 9000 customers. $198,440.00 annually February 2024 -January 2028 Offlce:407-829-7933 I Fax:800-283-3168 AARON Address: 130 Middle Street, Lake Mary FL 32746 'S A CKFLOW SERVICES Web: aaronsbackflow.com I Email: office@aaronsbackflow.com LIC#: CFC1427186 I FIRE LIC # FPC14-000029 44 Company Name: Orange County Utilities Company Address: 8100 Presidents Drive, Suite D, Orlando FL 32809 Contact Person: Hiram Forestier Contact Email Address: Hiram. Forestier@ocfl.net Contact Phone Number: 407-836-6858 Nature of Contract: Testing and repair/retest of residential backflows for Orange County Utilities customers. We provide this service for approximately 10,000 customers per year. We also provide emergency backflow services as needed. Dollar Value of Contract: $432,000.00 annually Start and End Dates of Contract: February 2024 — January 2028 Company Name:. City of Deland Company Address: 120 South Florida Avenue, Deland FL 32720 Contact Person: Becki Gattie Contact Email Address: GattieB@deland.org Contact Phone Number: 386-626-7214 Nature of Contract: Testing and repair/retest of residential backflows for City of Deland water customers. We provide this service for approximately 14,000 customers per year. Testing and repair/retest of commercial backflows for non-compliance water customers. Replacement of City owned backflows as needed. Dollar Value of Contract: $230,000.00 annually Start and End Dates of Contract: May 2025 -- May 2030 ! Office: 829-7933 i Fax: 800-283-3168 \ Address: 130 Middle Street, Lake Mary FL 32746 AARONS ` Web: aaronsbackfiow.com i Email: office@aaronsbackfiow.com BACKFLOW SERVICES UC#: CFG1427186 j FIRE LIC ti FPC14-000029 Company Name: Toho Water Authority Company Address: 102 North Alaska Avenue, Kissimmee FL 34741 Contact Person: Steven Hollingsed Contact Email Address: shollingsed@tohowater.com Contact Phone Number: 407-483-3830 Nature of Contract: Survey, testing, repair/retest, and replacement of residential backflows for Toho Water Authority water customers. We replace and install all types of backflow devices, including PVB, RP, DC, and DUC devices. We perform cross -connection surveys for customers with reclaim water, and regular surveys to identify hazards and necessary backflow protection. We provide emergency services as needed. We test approximately 15,000 backflows annually and survey several thousand properties annually. We install approximately 8000 Dual Checks annually as part of the 10-year changeout program. We replace backflows that have failed testing and cannot be repaired, and we repair anything that is able to be repaired. We submit all results into Toho's Backflow BMP system. Dollar Value of Contract: $3 million Start and End Dates of Contract: August 2022 - August 2026 IFB 2G-008 ATTACHMENT A AFFIDAVIT OF NON -COLLUSIONS AND OF NON -INTEREST OF TORO EMPLOYEES Instructions: "Vendor(s)", defined as any person or entity responding to a formal solicitation issued by the Tohopekaliga Water Authority ("Toho"), must submit this form with their Solicitation Responses. The terms "Contract" and "Agreement" may be interchangeably used. Vendor Name (as on Sunbiz.org): �-}Q S �Li ��Q,yvj Solicitation/Contract Number: -rizr g -mil., .- nn9 Affidavit of Non -Collusion and of Non -Interest of Toho Employees The undersigned hereby certifies that they are authorized to legally bind the Vendor of this Solicitation Response, that the only person(s) or party(s) interested in this Solicitation Response are those named in the Solicitation Response, that no officer, employee, or agent of the Tohopekaliga Water Authority or any other Vendor is interest in this Solicitation Response; that this Solicitation Response is made without fraud, that this Solicitation Response is made with no past or present collusion with any other person, firm, or corporation. By submitting a Solicitation Response to the above -referenced Solicitation, Vendor also represents that this Solicitation Response has been prepared without collusion or fraud and in fair competition with other Vendors, without any restraint on free competition, and acknowledges that Tohois acting in reliance upon that representation. The undersigned hereby represents that they make the above certifications based upon personal knowledge; are over the age of 18 years and otherwise competent to make the above certifications; and are authorized to legally bind and make the above certifications on behalf of Vendor. Under penalties of perjury, the,undersigned declares that they have read and understand the contents of the foregoing form. Pursuant to the authority granted to the undersigned by Vendor, the undersigned hereby acknowledges, affirms, and makes the above sworn statement. .......... By: Au iz epre native on behalf of Vendor rinte Name: a r>l Official, itle• Official f1 STATE OF COUNTY OF ".1110L& The foregoing instrument was acknowledged before nee by means of P5 physical presence or O online notarization, this day o _J! &kt� , 20 &, by ��.vnn�a�tLli� � , as ofC,� S . ,la✓t!-'` ltavCr,�d ia/ 1 authorized to do business in the State of Florida on behalf of the company/corporation. They,2Fare personally known to me or ❑ have produced , n as identification. (Seal) Y �� e I�_ %� 4 =Nctaryc State of Florida Signature of Notary Public e Remeis(�ssion HH 436394 1 `� ` (Ll1'� l �t 12aIzb27 Name of Notary Typed, Printed or Stamped Page 32 of 54 iVersion July 20251 IFB 2G-008 ATTACHMENT B E-VERIFY USE AND REGISTRATION CERTIFICATION Instructions: "Vendor(s)", defined as any person or entity seeking to engage in business with the Tohopekaliga Water Authority ("Toho"), must certify that they are registered and use the U.S. Department of Homeland Security's E-Verify system using this form. The terms "Contract" and "Agreement" may be interchangeably used. Vendor Name (as on Sunbiz. org): (i? yj-7� c [A/I /,,1/ 1,71,,, 1 1 V1 Solicitation/Contract Number: 1 .7: F�A - A 1A /) nQ Section 448.095, Florida Statutes, Compliance Certification Employment Eligibility The undersigned, on behalf of the Vendor, hereby certifies as follows: (A) Vendor acknowledges that Section 448.09, Florida Statutes, makes it unlawfitl for any person to knowingly employ, hire, recruit, or refer, for private or public employment, an alien who is not duly authorized to work in the United States. (B) Vendor acknowledges that, in accordance with Section 448.095(5), Florida Statutes: (1) the Vendor, and any subcontractor thereof, are required register with and use the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees of the Vendor or subcontractor, and (2) Toho may not enter into a contract unless each party to the contract registers with and uses the E-Verify system. (C)Vendor hereby certifies that the Vendor is registered with the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all employees hired during the term of the Contract. (D) Vendor hereby certifies that it does not and shall not employ, contract, or subcontract with an unauthorized alien, pursuant to Section 448.095, Florida Statutes, is otherwise in compliance with the requirements of Sections 448.09 and 448.095, Florida Statutes, and shall remain in compliance with such sections of Florida law during the term of any contract with Toho. (E) Vendor hereby acknowledges that the language of the Solicitation and/or Contract notwithstanding, a contract terminated under Section 448.095(5), Florida Statutes, is not a breach of contract and may not be considered as such. (F) Vendor hereby acknowledges and agrees that in the event that Vendor, or any subcontractor thereof, fails to comply with all applicable provisions of Sections 448.09 and 448.095, Florida Statutes, Toho reserves the right to exercise all remedies available to it at law and in equity, includi ag without limitation recovery from the Vendor of the costs incurred by Toho as a result of terjuination of the Agreement under the aforementioned Florida statutes. (G)Attaclsed to this form is a true and correct copy of the Vendor's proof of registration in the E.-Verify system. (H) Vendor shall ensure compliance with the requirements of Sections 448.09 and 449.095, Florida Statutes, by any and all of its subcontractors, and shall require all subcontractors performing Page 33 of 54 [Version July 20251 IFB 26-008 work under the Contract to provide this same certification form, with party names changed as applicable. Toho reserves the right to request copies of each such subcontractor's form. Initials: l ' " EXECUTION OF ABOVE CERTIFICATION The undersigned hereby represents that they: make the above certification based upon personal knowledge; are over the age of 1S years and otherwise competent to make the above certification; and are authorized to legally bind and Blake the above certification on behalf of the Vendor. Under penalties of perjury, the undersigned declares that they have reach and understand the contents of the foregoing forma. Pursuant to the authority granted to the undersigned by Vendor, the undersigned hereby acknowledges, affirms, and makes the certification provided above on behalf of Vendor. By:, Aut n Repi ntative on behalf of Vendor Printed Name: jl��� �'I Official Title: Date: STATE OF rb6diL _ COUNTY OF ,Yhi/1 tt The foregoing instrument was acknowledged before me by means of PT physical presence or ❑ online notarization, this 9& day of V - _ , 20-D'4,,, by PUMA 'n , as V—Cl i /lk of i !WiS GL-�i t authorized to do business in the State of Florida on behalf of the company/corporation. They [pare personally known to me or D have produced as identification. (Seal) Notary Public State of Florida Michelle Remele llll My Commission HH 436394 c, Expires 1112412027 .L Sil ignature of Notary Public M c 0— k-c—(.(-e- WC-m-c—. -e Name of Notary Typed, Printed or Stamped Page 34 of 54 (Version July 20251 3/26/26, 7:31 AM My Company Profile i E-Verify M An official website of the United States government Here's how you know rlfy. �t `.:_ . My Company Profile Company Information Company Name Aarons Backflow Services, Inc. Company ID 1667726 Employer Identification Number (EIN) https:l/everify.uscis,gavlaccount/company/profile Menu Modernize the employment eligibility verification process today! Learn More Doing Business As (DBA) Name Enrollment Date Apr 08, 2021 Unique Entity identifier (UEI) 114 3/26/26, 7:31 AM 200312266 DUNS Number 945412422 NAICS Code 238 Subsector Specialty Trade Contractors Edit Company Information Employer Category None of these categories apply Edit Employer Category Points of Contact My Company Profile I E-Verify Total Number of Employees 10 to 19 Sector Construction Name Number Ext Email Signor) Last Updated Heather Lee (407) heather@aaronsbackf No 04/09/21 829- low.com 7933 Aaron (407) aaron@aaronsbackflo Yes 04/09/21 Vaughan 829- w.Com 7933 https,//everify.uscls.gov/account/company/profile 214 3126/26, 7:31 AM My Company Profile I E-Verify Rows Per Page Edit Points of Contact Company Addresses Physical Address 130 Middle Street Lake Mary, FL 32746 Mailing Address Same as Physical Address Edit Company Addresses Company Access My Company is configured to: Verify Its Own Employees .Hiring Sites Number of Sites 1 Edit Hiring Sites Memorandum of Understanding View Current MOU U.S. Department of Homeland Security. U.S. CitizenshiR and Immigration Services Accessibility, Pug -ins Site Map https://everify.uscis.gov/accounticompany/proflie 3/4 IFB 26-008 ATTACHMENT D DRUG FREE WORKPLACE COMPLIANCE FORM Instructions: "Vendor(s)' , defined as person or entity seeking to engage in business with the Tohopekaliga Water Authority ("Tohm"), must use this form to certify that they will take the requisite "affirmative steps" as discussed below. The terns "Contract" and "Agreement" may be interchangeably used. Drug -Free 'Workplace Compliance Form 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 this form and submitting it with its Bid. In order to have a drug -free workplace program, Contractor certifies that it will: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo conteadere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of the Project. Vendor's Initials: W_ Page 36 of 54 (Version July 20251 IFB 26-008 EXECUTION OF ABOVE CERTIFICATION The undersigned hereby represents that they: make the above certification based upon personal knowledge; are over the age of 18 years and otherwise competent to make the above certification; and are authorized to legally bind and make the above certification on behalf of the Vendor. Under penalties of perjury, the undersigned declares that they have read and understand the contents of the foregoing form. Pursuant to the authority granted to the undersigned by Vendor, the undersigned hereby acknowledges, affirms, and makes the certification provided above on behalf of Vendor. - By: Auth riz R presentative on behalf of Vendor - printed Name: /krw Official Title: era Idill -- STATE, OF F Yl COUNTY OF 99MIAO The foregoing instrument was acknowledged before me by means of V physical presence or 0 online notarization, this 01� day of jh , 20 , by ' 144 A M tl , as �l(� �- of /�GiYTN1�l fyla %la/J SgW6,J--,,0 G. C -.K P D-6-0-4 :&V authorized to do business in the State of Florida on behalf of the company/corporation. They N are personally known to me or ❑ have produced as identification. , (Seal) Lu, Signature of Notaly Public KNblic Siate of Florida 1n (� 1 �/j J 1� R -e- ( eiie Remeie k v V 1mission HH 435394 Name of Notary Typed, Printed or Stamped es 11/2412027 Page 37 of 54 (Version Jute 20251 IFB 26-008 REVISED BID PRICE FORM Item Description Estimated Unit Unit Price Extended Price Number Qty, Group A: Testing, Repair.and Survey l Backflow Assembly Test, Repair and Retest for 2,000 Each 0, Do Services 2" or Smaller 2 Backflow Assembly Test for Services 2" or 11,500 Each 31'(fir Smaller 3 Site Inspection OnlyntD 4,000 Each q pj vo c) (Residential) c 4 Cross -Connection 8,000 Each �fl 1 .-" f 10�1 OQD Inspection (Reclaimed) ! Group A: Testing, Repair and Survey Total Bid: $ -7 21a! S t� Group B: Installation Services 5 3/4 RP 10 Each 6 1' RP 170 Each ­7 — ) 7 2'RP 10 Each ��7�I- 8 3/4' PVB 10 Each �J piio 9 l' PVB 50 Each 10 3/4" DC (Without Meter Box) 125 Each zU c� 11 3/4" DC (With Meter Box) 10 Each } r�'© pD 12 1" DC (Without Meter 15 Each o%SD 9� 41 Box) 13 1" DC (With Meter Box) 175 Each ^%SDI 14 3 /4" Dual Check Valve 6,000 Each '%�J N V 15 1" Dual Check Valve 500 Each p S S bob 0� 16 3/4" Brass HBVB 12 Each �� -790 IFB 26-008 Item Description Estimated Unit Unit Price Extended Price Number Qty. 17 Remove Existing BF & 80 Each 0,00 ' 16), flUD Straight Pipe Only 18 Meter Box Only 15 Each 1,5,0, Install Hose Bib Tee in 19 on Downstream Pipe of 25 Each Backflow 1 20 Challenging Installation 100 Each pp Group B: Installation Services Total Bid: $ � ( q'7(4 j)4 o Group A and B Total Base Bid: $ 3, g3;2, Q) Group C: Emergency Response Rates Item Description Estimated Unit Unit Price Extended Price Number Qty.in Dap. 21 Additional Emergency Personnel, Per Employee 30 Each (Per Employee Per Day. / Per Day) Group C Total Bid Price: $ 1 q II+B 26-008 ADDENDA ACKNOWLEDGMENT FORM The Bidder acknowledges that he has received Addenda Number(s): Number Addendum Title Bidder Initials C AwAdtw Py Number Addendum Title Bidder Initials Number Addendum Title Bidder Initials Bidder shalt insert number and name of each addendum received and agrees that all addenda issued are hereby made a part of the proposed Contract Forms, and the Bidder further agrees that its Bid is submitted after consideration of said addenda. Page 24 of 54 lVer-don July 20251 Tolho Water Authority, 0--- --W �J ADDENDUM #2 951 Martin Luther King Blvd, Kissimmee, FL 34741 Tel: (407) 944-5000 tohowater.com To: Public From: Brian Grover, Procurement Coordinator I, Procurement Services Department Subject: IFB-26'-008 Backflow Survey and Inspection, Maintenance and Installation Services Date: March 12, 2026 This addendum is issued to provide additional information, clarification, corrections, additions, deletions and/or to answer questions concerning the above -mentioned solicitation. All information provided in this addendum is incorporated into the solicitation document as if set forth therein. All other parts of the solicitation have been maintained as originally distributed. This addendum supersedes any verbal or other instructions given pursuant to the requirements set forth in the solicitation documents. I. FILES: 1. 2.1_IFB-26-008—Section 4.16_Emergency Backflow Repair 2. 2.2 IFB-26-008 Revised Bid Price Form II. CLARIFICATION: 1. Emergency Backflow Repair Services have been added to Section 4 — Technical Specifications, along with a corresponding Line item in Section 5 — Bid Price Form. See Attachments 2.1 and 2.2. III. QUESTIONS AND ANSWER: Q1. No Reference/Not Indicated Are there any liquidated damages? A2. There are no liquidated damages associated with this bid. IV. DUE DATE: The due date has not changed. Tohopekaliga Water Authority will receive sealed Bids from Prospective Bidders until 2:00 PM on Thursday, March 26, 2026. Acknowledgment ' hereby made of Addendum #2. Signa B' er cc: Project File Page 1 of 1 Date Rev.05.27.2025 p'QA A d AB Waater liaad t��eQ� 951 Martin Luther Kind Blvd. Kissimmee, FL 3,17,11 Tel; (407) 944-y000 A\ tohowater.com ADDENDUM #1 To: Public From: Brian Grover, Procurement Coordinator I, Procurement Services Department Subject: IFB-26-008 Backflow Survey and Inspection, Maintenance and Installation Services Dater February 19, 2026 This addendum is issued to provide additional information, clarification, corrections, additions, deletions and/or to answer questions concerning the above -mentioned solicitation. All information provided in this addendum is incorporated into the solicitation document as if set forth therein. All other parts of the solicitation have been maintained as originally distributed. This addendum supersedes any verbal or other instructions given pursuant to the requirements set forth in the solicitation documents. I. QUESTIONS AND ANSWER: 01. Reference Pg 40 SECTION 2. TERM. The term of this Agreement shall become effective upon execution by both Parties and shall continue through Month XX, 202X. This Agreement may be renewed subject to written notice of agreement executed by both Parties, for up to two additional one-year periods. What is the initial Term of Contract? Al. The initial term of this contract will be for two years. II. DUE DATE: The due date has changed. Tohopekaliga Water Authority will receive sealed Bids from Prospective Bidders until 2:00 PM on Thursday, March 26, 2026. Acknowledgment is�F ereby made of Addendum #1. i. • � ,.,_r.1110-71i r.rfro i cc: Project File 16 >W Date Page 1 of 1 Rev.05.27.2025 3/26126, 11:08 AM Detail by Entity Name Department of State / Division or Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation AARON'S BACKFLOW SERVICES, INC. Filing Information Document Number P03000121646 FEI/EIN Number 20-0312266 Date Filed 10/22/2003 State FL Status ACTIVE Principal Address 130 MIDDLE STREET LAKE MARY, FL 32746 Changed: 01 /27/2022 Mailing Address 130 MIDDLE STREET LAKE MARY, FL 32746 Changed: 01/27/2022 Registered Agent Name & Address VAUGHAN, AARON A 130 MIDDLE STREET LAKE MARY, FL 32746 Address Changed: 01/27/2022 Officer/Director Detail Name & Address Title PD VAUGHAN, AARON A 130 MIDDLE STREET LAKE MARY, FL 32746 Annual Reports Report Year Filed Date 2024 02/08/2024 https:llsearch.sun biz.org/inquiry/GorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=initial&searchNameOrder=AARO N S... 1 /2 3/26126, 11:08 AM Detail by Entity Name 2025 01/27/2025 2026 02/10/2026 Document Images 02/10/2026 --ANNUAL REPORT View image in PDF format 01/27/2025 --ANNUAL REPORT View image in PDF format 02'O8,'2024 --ANNUAL REPORT View image in PDF format 01;3l/2023 --ANNUAL REPORT View image in PDF format 01l27,2022 --ANNUAL REPORT View image in PDF format 02/07,12021 --ANNUAL REPORT View image in PDF format _ J 02.'04>2020 --ANNUAL REPORT View image in PDF format 02/02/2019 --ANNUAL REPORT View image in PDF formal 02/01/2018 --ANNUAL REPORT View image in PDF format 01106/2017 -- ANNUAL REPORT View Image in PDF format 0317/2016 -- ANNUAL REPORT View linage in PDF formal 02r 12/2015 --ANNUAL REPORT View image in PDF format 03/13/2014 --ANNUAL REPORT View image in PDF'format 04/29/2013 -- ANNUAL REPORT View image in PDF fornnatJ 04/25/2012 --ANNUAL REPORT^ View image in PDF format J 04/29/2011 --ANNUAL REPORT View image in PDF format 04/24/2010 -ANNUAL REPORT View image in PDF format _ l 04/1912009 --ANNUAL REPORT View image in PDF format 74,29/2008 --ANNUAL REPORT View image in PDF format 02/2s!2007 —ANNUAL REPORT View image in PDF format 0402/2006 -- ANNUAL REPORT View image in PDF format i 03126/2005 --ANNUAL REPORT View image in PDF format i 04430/2004 --ANNUAL REPORT View image in PDF format 10/22/2003 -- Domestic Profit View image in PDF format https:llsearch.sunbiz.org/inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityN ame&directionType=lnitial&search NameOrder—AARONS... 2/2 B/19/24, 9:07 AM Jimmy Patronis` Bruce Gillingham CHIEF FINANCIAL OFFICER {� BUREAU CHIEF JoAnne Rice \� / ) Ronald Dilworth DIVISION DIRECTOR \ <<. i`/ SAFETY PROGRAM MANAGER � 4�w y�`i FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF STATE FIRE MARSHAL 200 EAST GAINES STREET- Tallahassee, Florida 32399-0342 Tel. 850.413-3644 CERTIFICATE OF COMPETENCY OFFICIAL COPY THIS CERTIFIES THAT: Aaron A Vaughan 130 Middle Street Lake Mary FL 32746 BUSINESS ORGANIZATION: Aaron's Backflow Services, Inc. Contractor II is limited to the execution of contracts requiring the ability to layout, fabricate, install, inspect, alter, repair, and service water sprinkler systems, water spray systems, foam -water sprinkler systems, foam - water spray systems, standpipes, combination standpipes and sprinkler risers, all piping that is an integral part of the system beginning at the point of service, sprinkler tank heaters, air lines, thermal systems used in connection with sprinklers, and tanks and pumps connected thereto, excluding pre-engineered systems. Issue Date: 07/01/2024 Type: 07 Class: 12 County: Seminole y License/Permit #: FPC14-000029 Expiration Date: 06/30/2026 t / flh :4l 1 r• Chief Financial Officer file:///Users/aaronvaughan/Downloads/License_Permit-11.htm Page 1 of 1 L-1 ; Z t O i>f E ry J J= 2 -0 W CY., C7 ¢ W LLLI r, Q °z ¢ D F=.. ° Z (D o¢ Z ,o E a) W f- V. ; N 0 ,,� oo N c o UJILa LLJ O as J, Li IV C9 u a cam-' L L. LU o 4-1 Q W Lu LLI Z� °-�' o LL Z. O 0 — 0 i 0co RS (,7 Z Z 41) LiJ a IL a u o C C C �._ o a o ' rL rt �� Lr I TREEO Center must UNIVERSITY of FLORIDA Center for Training, Research and Education for Environniental Occupations certifies that Aaron Vaughan has successfully completed the examinations for Backflow Prevention Tester Recertification Marcit 15, 2025 qF TREE0 sarkfloze Certificate of Completion Florid'aSection CsnririeD -rr-,-Tvn Date Issued. 311512025 FBPR Construction Licensing Board Certifleate No. PR — 5000 Sponsor No.: 0000995 Expiraflon: 313112027 Classroom Hours: 7 W Operator Certtricaflon Program Course 40000710 Andrew Campbell, Director Course#. 04251051 ME Provider H0004021 30.0 CHE CEVs: 1.2 University of Florida TREEO Center - 3900 SW 63 Blvd Gainesville FL 32608-3800 - 352.392.9S70 - train@treeo.ufl.edu - www.treeo.ufl.edu LO Cd ar 0tr 15 u co� 9 3, - ' 1 ® A`C..OCERTIFICATE 4F LIABILITY INSURANCE (MM/DDflYYY) DATERO 09/17/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NTACT Amy Manor CRIS NAME: Brown & Brown Insurance Services, Inc. PHc" o Ezt • (407) 660-B262 FAX, No : (407) 660-2012 ADDRESS: Amy.Manor@bbrown.com 2290 Lucien Way, Suite 400 INSURERS AFFORDING COVERAGE NAIC # INSURERA: CUMIS Insurance Society, Inc. 10847 Maitland FL 32751 INSURED INSURER 13: Technology Insurance Company, Inc. 42376 INSURER C : Aaron's Backilow Services, Inc INSURER D : 130 Middle Street INSURER E : INSURER F : Lake Mary FL 32746 COVERAGES CERTIFICATE NUMBER: CL2591719478 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I` R TYPE OF INSURANCEADDLISUORI INSD WVD POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDDIYYYY LIMITS A X COMMERCIALGENERALLIABILITY CLAIMS -MADE FX OCCUR Y 323345 09/18/2026 09/18/2026 EACH OCCURRENCE S 1,000,000 A PREMISES Ea occurrence S 1,000,000 MED EXP (Any one person) S 5,000 PERSONAL BADVINJURY S 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: POLICY. [g PRO. ❑ LOD JECT OTHER: GENERAL AGGREGATE S 2,000,000 PRODUCTS • COMP/OP AGG S 2,000,000 S AUTOMOBILE LIABILITY- - ANYAUTO SCHEDULED AUTOS ONLY AUTOS HIRED H NON -OWNED AUTOS ONLY AUTOS ONLY 323346 09/18/2025 09/18/2026 COMBINED SINGLE LIMIT Ea accident S 1,000,000 _ BODILY INJURY (Per person) S BODILY INJURY (Per accident) S PROPERTY DAMAGE Per acciden tt S PIP - Basic s 10,000 A X UMBRELLA LIAS EXCESS LIAR X OCCUR CLAIMS -MADE 323347 09/18/2025 09/1812026 EACH OCCURRENCE $ 1,000,000 1AGGREGATE S 1,000,000 DED I X1 'RETENTION S 10,000 S B WORKERS COMPENSATION AND EMPLOYERS'LIABILITY ANY PROPRIETOWPARTNER/EXECUTIVE Y / N N� OFFICERIMEMBER EXCLUDED9 (Mandatory in NH) - If yes, describe under DESCRIPTION OF OPERATIONS below NIA TWC4667217 09/1812025 09/18/2026 X STATUTE ERH E.L. EACH ACCIDENT S 1,000,000 E.L. DISEASE• EA EMPLOYEE $ 1,000,000 E.L. DISEASE • POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) RE: IFB-22-070 Backflow Survey, Inspection, Maintenance and Installation Services Tohopekaliga Water Authority is granted additional insured status by the General Liability policy with regard to the operations of the named insured when required by written contract or agreement. f`PRTIFICATF NOI r1PR. CANCEI_I_ATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Tohopekaliga Water Authority ACCORDANCE WITH THE POLICY PROVISIONS. 951 Martin Luther King Blvd AUTHORIZED REPRESENTATIVE Kissimmee FL 34741 ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 26 (2016103) The ACORD name and logo are registered marks of ACORD IFB 26-008 ATTACHMENT E ANTI-HIJ -LAN TRAFFICKING AFFIDAVIT Instructions: "Nongovernmental Entity", defined as any person or entity seeking to engage in business with the Tohopekaliga Water Authority ("Toho"), must complete the following form. The terms "Contract" and "Agreement" may be used interchangeably. The undersigned, on behalf of the Nongovernmental Entity, hereby attests. as follows: A. The Nongovernmental Entity understands and affirms that Section 787.06(13), Florida Statutes, prohibits Toho from executing, renewing, or extending a contract with entities that use coercion for labor or services, as such terns are defined in Section 7,97.06, Florida Statutes. B. The Nongovernmental Entity hereby attests, under penalty of perjury, that the Nongovernmental Entity does not use coercion for labor or services as defined in Section 787.06(2), Florida Statutes. C. The Nongovernmental Entity understands and affirms that if at any time in the future, the Nongovernmental Entity does use coercion for labor or services, the Nongovernmental Entity will immediately notify Toho and no contracts may be executed, renewed, or extended with Toho. The undersigned hereby represents that they; make the above attestation based upon personal knowledge; are over the age of 18 years and otherwise competent to make the above attestation; and are authorized to legally bind and make the above attestation on behalf of the Nongovernmental Entity. Under penalties of perjury, the undersla ed declares that they have read andunderstand the contents of the foregoing document and that th tsts stated in it are true. Authorized Signature Printed. Name: f�'/'1'�(,C,f LV I VLUr i Title: J (CSC C /} •1 �` Date:���_ STATE OF 0 ` COUNTY OF �/l The foregoing instrument was acknowledged before me by means of [�Ppliysical presence or 0 online no nzation, this clay of l�in( i( _ J, 20� _, by , LLVtSYI _�l Q t tr31�>a_ll , as on behalf of the .Nongovernmental Entity. They Mare personally known to me or ❑ haveproducedas identification. `Notary Public State of Florida ' Si nature of Notary Public 1 Michelle. Remele till My Commission HH 4363e Name of Notary Typed, Printe or `� amped Expires 11t2412027 My Commission Expires: I a L I% ). Page 38 of 54 h'ersion July 20231 To11u Auth/1'II' "W t1Uft011d erl.ging you Urds most pre.I....... e DOCUMENT PROCESSING FORM t Date: 5/28/26 Requester Name: Brian Grover Department: Procurement Services Extension: 407-743-3812 Title of Document: Agreement for Backflow Survey and Inspection, Maintenance and Installation Services Project Number: I FB-26-008 Project Name: Backflow survey and Inspection, Maintenance and Installation services Step 1'- Document Tye, _u Step 2 Requ��ed Actiotls/SuppQriit�g Documents Sub -Metering Agreement Lift Station Closing Recoverable License Agreement Notice of Satisfaction HCustomer Account Ledger attached ❑ Notice of Lien LJ ❑ Letter to Customer re Lien Issue attached Customer Account Ledger attached Signed Promissory Note from Customer attached ❑ Developer Service Agreement ❑ DSA Checklist (signed) attached ❑ Other: ❑ List any required pre-actions/supporting information: ✓ BOARD DOCUMENTS (Board signatures required) ❑✓ Board Meeting Date: 6/10/26 Agenda Item # 7F ❑ Board Already Delegated Authority? Date provided: z✓ HUMAN TRAFFICKING AFFIDAVIT —Required for Agreements and Contracts (check to confirm Affidavit is attached) Step 3' -Sign Off Peel. attached document has been, reviewed/approved for CEO/Board signature Department Sign -Off: Legal Owner/Parcel ID checked: General Counsel Sign -Off: Actions PostCEO/Board Si nature . ✓ Attest/Notary Required ❑ Executed Document to Legal for Recording ❑ Osceola ❑ Orange ❑Polk (includingILAs):- CEO -signed document Received for Recording:- Sent for Recording: - Scan to Laserfiche & Notify Re uestor Return to Requestor 'Request or Notes„ , Admin, Notes,, 951 Martin Luther King Blvd. I Kissimmee, FL 34741 1 (407) 944-5000 1 www.tohowater.com IFB 26-008 Page 1 of 54 [Version July 2025] INVITATION FOR BIDS BID NO: IFB-26-008 BID TITLE: BACKFLOW SURVEY AND INSPECTION, MAINTENANCE AND INSTALLATION SERVICES PROCUREMENT DEPARTMENT http://www.tohowater.com Procurement@tohowater.com 951 MARTIN LUTHER KING BLVD. KISIMMEE, FLORIDA 34741 SOLICITATION SCHEDULE (Times and Dates Subject to Change by Addenda) Event Date Time Question Deadline Monday, February 09, 2026 5:00 PM Bid Due Date Thursday, February 26, 2026 2:00 PM SUBMIT BID TO: https://tohowater.bonfirehub.com NOTICE OF ELECTRONIC BID SUBMITTAL REQUIREMENT Toho Water Authority issues its solicitations electronically through its contracted vendor, Bonfire. Bidders shall not be permitted to hand-deliver, mail, telephone, fax, or email responses. Bids that are either received after the above-noted Submittal Deadline or transmitted outside of the designated Bonfire online portal will be rejected. If you have obtained this solicitation from a source other than Bonfire, you will not be listed on the document takers list and may not receive notification of any Addenda(s) issued. Failure to receive any issued Addenda shall not relieve the Bidder from any obligation(s) contained in the Addenda. To access Toho Water Authority’s solicitations, any resulting Addenda, or Bid results, please go to: https://Tohowater.bonfirehub.com. Any prospective Bidder requiring assistance with registering with Bonfire is directed to send an email to: Support@GoBonfire.com or to visit Bonfire’s online help forum at https://vendorsupport.gobonfire.com/hc/en-us. SOLICITATION POINT OF CONTACT Name: Brian Grover Email: Procurement@tohowater.com Title: Procurement Coordinator I Phone: (407)-473-3812 IFB 26-008 Page 2 of 54 [Version July 2025] IFB-26-008 TABLE OF CONTENTS SECTION 1 GENERAL INFORMATION AND INSTRUCTIONS ....................................... 4 SECTION 2 GENERAL CONDITIONS .................................................................................... 9 SECTION 3 FLORIDA VENDOR ELIGIBILITY REQUIREMENTS ............................... 14 SECTION 4 TECHNICAL SPECIFICATIONS OR SCOPE OF SERVICES .................... 17 SECTION 5 BID FORMS .......................................................................................................... 23 • Addenda Acknowledgment Form • Bid Price Form • Authorized Signature Form • Bidder’s Reference List SECTION 6 SPECIAL TERMS AND CONDITIONS ........................................................... 30 SECTION 7 ATTACHMENTS ................................................................................................. 31 ATTACHMENT A AFFIDAVIT OF NON-COLLUSIONS AND OF NON-INTEREST OF TOHO EMPLOYEES ................................................................................................................ 32 ATTACHMENT B E-VERIFY USE AND REGISTRATION CERTIFICATION ............. 33 ATTACHMENT C FLORIDA BID BOND ............................................................................. 35 ATTACHMENT D DRUG FREE WORKPLACE COMPLIANCE FORM ......................... 36 ATTACHMENT E ANTI-HUMAN TRAFFICKING AFFIDAVIT ..................................... 38 ATTACHMENT F SAMPLE AGREEMENT .......................................................................... 39 ATTACHMENT G BACKFLOW SCENARIOS ATTACHMENT H HOSE BIB TEE DESCRIPTION ______________________________________________________________________________ Section 7: ATTACHMENTS Bidders are hereby advised that they must complete the attachments found in Section 7 and submit them as part of their Bid. A Affidavit of Non-Collusion and Non-Interest of Toho Employees B E-Verify Use and Registration Certification C Bid Bond or Cashier’s Check (If applicable) D Drug Free Workplace Compliance Form E Anti-Human Trafficking Affidavit IFB 26-008 Page 3 of 54 [Version July 2025] STATEMENT OF “NO BID” IMPORTANT NOTICE TO CONTRACTORS/SUPPLIERS: Your feedback is important to us. If you do not intend to submit a Bid, please return this Statement of “No Bid” noting your reason below and email it to Procurement@tohowater.com You may also mail it to this address: TOHO WATER AUTHORITY 951 MARTIN LUTHER KING BLVD. KISIMMEE, FLORIDA 34741 Bid Number: __________________________________________________________________ Title: ________________________________________________________________________ If you elect not to submit a bid/proposal, please indicate the reason below: We do not offer this product/service or an equivalent. Our schedule would not permit us to perform. Insufficient time or resources to respond to solicitation. Unable to meet specifications. Specifications are not clear. Unable to meet bond and/or insurance requirements. Specifications “too tight”/restrictive (i.e., geared to specific brand or manufacturer) Subcontractor (submitted bid to General Contractor) Other (please explain): _____________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Signature: _______________________________________ Date: ________________________ Name: _________________________________________ Title: _________________________ Company: ____________________________________________________________________ Address: _____________________________________________________________________ Telephone: __________________ E-Mail: __________________________________________ IFB 26-008 Page 4 of 54 [Version July 2025] SECTION 1 GENERAL INFORMATION AND INSTRUCTIONS Tohopekaliga Water Authority (“Toho”), an independent special district established pursuant to Chapter 189, Florida Statutes, by special act of the Florida Legislature, hereby issues this Invitation for Bids (“IFB”) from qualified firms to provide survey, inspection, maintenance, new installations, install replacements and field test backflow assemblies where applicable. These instructions are standard for all contracts for commodities or services issued through the Tohopekaliga Water Authority (the "Toho") Procurement Services Department. However, Toho may delete, supersede, or modify any of these standard instructions for a particular contract by indicating such change in the Special Conditions, Technical Requirements, Instructions, Proposal Pages, Addenda, and/or Legal Advertisement. 1.1 INTRODUCTION: Toho is the largest provider of water, wastewater, and reclaimed water services in Osceola County, Florida, and provides such services to portions of Orange and Polk counties as well. Our promise is “Our Customers, Our Community, Our Employees Trust that Toho Cares” and our priorities are providing safe and reliable services, protecting the environment, delivering value, and investing in the future. Bidders can familiarize themselves with our agency at www.tohowater.com. 1.2 BID OVERVIEW AND BACKGROUND: Toho has been actively participating in a Cross-Connection Control and Backflow Prevention Program (which can be viewed by clicking the following link: https://www.tohowater.com/our-water/cross-connection- control-program). The program is designed to protect the public by establishing standards based upon state regulatory requirements. When these standards are enforced and communicated to customers, Toho promotes the elimination of existing or controls the potential of new cross-connections, which could create backflow conditions. The program also sets standards for backflow prevention assembly installations, inspections, maintenance, and testing that will systematically and effectively prevent contamination or pollution of Toho’s potable water supply systems. Toho is soliciting sealed competitive bids from qualified Contractors for the Cross- Connection Control and Backflow Prevention Program in pursuit of residential customer compliance with FDEP regulations, requirements and Toho standards. The awarded Contractor(s) shall perform survey, inspection, maintenance, new installations, install replacements and field test backflow assemblies where applicable. Toho intends to award these services to one or more contractors. 1.3 USE OF TOHO FORMS AND TERMS AND CONDITIONS: Bids must be submitted on forms provided by Toho and only through the official portal https://Tohowater.bonfirehub.com. Bids submitted through Bonfire remain electronically sealed and are not visible to Toho or other Bidders until after the Bid is closed. Bidder must fill in all blank spaces on the Bid Price Form. No changes shall be made to the wording or format of the forms. In case of a discrepancy between unit prices and extended totals, unit prices shall prevail. No addition or deletion of the terms or conditions included with the Bid response shall be evaluated or considered and any and all such revisions shall have no force or effect and are IFB 26-008 Page 5 of 54 [Version July 2025] inapplicable to this Bid. No submission by the Bidder, whether purposely or inadvertently in any transmittal letters, specifications, literature, price lists or warranties may constitute a revision to these instructions. It is understood and agreed that the instructions and the general and special conditions in this Bid solicitation are the only conditions applicable to this Bid and Bidder’s authorized signature affixed to the Bid response constitutes acknowledgment of this fact. 1.4 ADDITIONAL INFORMATION REQUIREMENTS: Prior to a recommendation for award, Toho will require the apparent low Bidder(s) to demonstrate qualifications to furnish the specified goods and/or services under the Contract. Bidders must be prepared to submit written information requested by Toho within five (5) business days of a request. Toho may review Bidder’s prior experience, references and previous contracts for similar goods and/or services. In addition, Toho may request the Bidder’s: three (3) most recent years of audited financial statements; unaudited financial statements if audited statements are not available; Balance Sheets; Income Statements; Statements of Cash Flows; or other documents approved by Toho which establish the financial health of the Bidder. Financial statements provided to Toho should be prepared in accordance with US Generally Accepted Accounting Principles (GAAP). As an alternative method of providing financial assurance of the Bidder’s ability to perform, Toho may consider a letter of credit issued by an acceptable surety in an amount sufficient to secure the Bidder’s completion of the work. 1.5 NO BID RESPONSE: Vendors electing not to submit a Bid in response to this solicitation are requested to complete the “No Bid” Response form to provide feedback. 1.6 ACCEPTANCE AND RIGHT OF REJECTION: Bidder warrants, by virtue of bidding, that the Bid and the prices quoted in its Bid will be firm for acceptance by Toho for a period of ninety (90) days from the date of Bid opening unless otherwise stated in the solicitation. Toho reserves the right to reject all bids. 1.7 LATE BID & MODIFICATION OF BID: Vendors may only modify their Bid prior to the date and time specified for the bid opening. All modifications must be completed within Bonfire. 1.8 WITHDRAWAL OF BID: A Bidder may request withdrawal of a Bid under the following circumstances: a. Bid may be withdrawn through the Bonfire portal by the Bidder prior to the time of acceptance. b. Requests for withdrawal of Bid after opening of such Bid, but prior to award shall be transmitted to Toho’s Procurement Services Department, in writing, accompanied by full documentation supporting the request. If the request is based on a claim of error, documentation must show the basis of error. Such documentation may take the form of supplier quotations, vendor work sheets, etc. c. Bid shall not be withdrawn after the award of a contract or issuance of a purchase order. No plea or claim of mistake in the solicitation or resulting contract or purchase order shall be available as a defense in any legal proceeding brought upon a contract or purchase order awarded to a Bidder as a result of the breach or nonperformance of such contract or purchase order. IFB 26-008 Page 6 of 54 [Version July 2025] 1.9 BID DOCUMENTS NECESSARY FOR SUBMITTAL: The Bid Price Form, all documents listed in the “Requested Document” section in the Bonfire portal and an electronic copy of bid security (if applicable) shall be included with electronic submittal of the Bid. The original bid security (if applicable) must be delivered via mail, courier (UPS, FedEx, etc.) or in-person. Make sure to prepare the documents in the file formats (Excel, PDF, etc.) listed under the Requested Information section for this opportunity in the Bonfire Portal. The following documents, together, comprise a responsive Bid. • Addenda Acknowledgment Form • Bid Price Form • Authorized Signature Form • Bidder’s Reference List • Affidavit of Non-Collusion/Non-Interest of Toho Employees • E-Verify Use ad Registration Certification • Bid Bond or Cashier’s Check (copy) (If applicable) • Drug Free Workplace Form • Anti-Human Trafficking Affidavit Failure to disclose requested references, terminations, or safety incidents may result in Bidder being disqualified from bidding. Omission of, or failure to complete, any portion of the required documents at the time of the Bid opening may be cause for rejection of the entire bid. 1.10 SUBMITTAL REQUIREMENTS: Bids must be submitted electronically via Toho’s e- procurement portal at https://Tohowater.bonfirehub.com. To submit responses electronically Bidders must register with Bonfire and follow the instructions in the portal. Minimum system requirements: Microsoft Edge, Google Chrome, Safari, or Mozilla Firefox. JavaScript and browser cookies must be enabled. Maximum upload file size is 1000 MB. Documents should not be embedded within uploaded files as the embedded files will not be accessible. Bidders will have the ability to modify their submissions up to the Submission Deadline in Bonfire. Submissions must be uploaded, submitted, and finalized prior to the Bid Due Date and Time listed on the Cover Sheet of this Bid. It is strongly recommended that Bidders give themselves sufficient time and at least ONE (1) day before the Bid Due Date/Time to begin the uploading process and finalize submissions. Toho is not responsible for any technical problems with the electronic transmission and/or delay in receipt due to technical problems. Such electronic transmittal errors will not alter or effect the deadline date and time for receipt of Responses. If you require assistance, please contact Bonfire at Support@GoBonfire.com. 1.11 MULTIPLE BIDS PROHIBITED: Only one Bid from any individual, firm, partnership, or corporation, under the same or different names, shall be considered. Should it appear to Toho that any Bidder has an interest in more than one Bid for the goods and/or services under the Contract, all Bids in which such Bidder has an interest shall be rejected. IFB 26-008 Page 7 of 54 [Version July 2025] 1.12 PRICING: a. Prices should be stated in units of quantity as specified in the Bid form. b. When applicable, life cycle cost analysis may be considered when determining the lowest responsive and responsible Bid. This analysis may consider, in addition to purchase price, operating and related costs over the life of the item including maintenance, downtime, energy costs, salvage value, etc. c. All prices quoted must reflect delivered cost, which includes all packing, handling, shipping charges, taxes, discounts, and delivery to Toho. d. It is understood and agreed that all items offered or shipped as a result of this Bid shall be new, current, standard model available at the time of the Bid. e. All containers shall be suitable for storage or shipment and all prices shall include standard commercial packing. 1.13 PRE-BID CONFERENCE AND INQUIRIES: A Pre-Bid Conference will not be held for this solicitation. To ask questions concerning this Bid solicitation process, required submittals, evaluation criteria, Bid Price Form, selection process or any other matter regarding this procurement bidders must register with Toho’s e-procurement portal at https://tohowater.bonfirehub.com and initiate the questions electronically through the Vendor Discussions feature. Toho will accept additional written inquiries via the Vendor Discussion feature in Bonfire until the close of business on the date shown on the cover sheet of this Bid. If additional information is provided, it will be provided to all Bidders via a written addendum through https://tohowater.bonfirehub.com. 1.14 PUBLIC BID OPENING: At the time fixed for the opening of responses to a Bid, all Bids will be electronically unsealed, and the names of the Bidders and the amount shall be read aloud and made readily available to the public. Join by using the following meeting link: https://teams.microsoft.com/l/meetup- join/19%3ameeting_OGY3YWMzMjEtOGRjNi00M2JjLTkyNzAtMzc4NThkYWJlYTNk %40thread.v2/0?context=%7b%22Tid%22%3a%2258393785-b5ab-45f6-9f23- 0c44b1c20aa2%22%2c%22Oid%22%3a%222171abd6-d665-439e-a7aa- 04d0117fed76%22%7d Meeting ID: 219 200 025 995 Passcode: cPzUbM Dial in by phone. +1 872-256-3959 United States, Chicago Phone conference ID: 509 407 264# 1.15 TIE BIDS: A Drug Free Workplace Statement must be completed, signed, and returned prior to the award of Bid. This form will be used whenever two or more Bids that are identical with respect to price, quality, delivery, and service are received; a Bid received from a business that certifies that it has implemented a drug-free workplace program aligning with all the criteria shall be given preference in the award process. 1.16 TAX EXEMPTION: Toho is exempt from Federal excise and State sales taxes. Tax exemption number is 85-8012897680C-2 and is also stipulated on Toho Purchase Orders. IFB 26-008 Page 8 of 54 [Version July 2025] The Vendor shall pay all applicable sales, consumer, use and other similar taxes required by law. The Vendor is responsible for reviewing the pertinent state statutes involving the sales tax and complying with all requirements. 1.17 COMMUNICATIONS/DESIGNATED CONTACT: Toho is committed to a fair, open process for interested parties to receive information about the Bid and/or award of the Contract. All questions concerning this Bid and/or the procurement process must be directed electronically through Bonfire on the Vendor Discussion page. No Bidder shall initiate or otherwise have contact related to the IFB with a Toho representative, officer, or employee, other than with the Procurement Services Department. Any contact initiated by a Bidder with any Toho representative, officer, or employee other than through the Procurement Services Department, concerning this solicitation is prohibited and may cause the disqualification of the Bidder from this procurement process. 1.18 LICENSES, PERMITS, AND FEES: All Bids submitted shall have included a list of any business and professional licenses, permits, or fees required by Toho. 1.19 ADDENDA: Toho reserves the right to revise or amend this Invitation for Bids (“IFB”). Such revisions and amendments, if any, shall be announced by Addenda to this IFB and posted via Toho’s online provider, Bonfire. 1.20 WAIVER OF MINOR IRREGULARITIES OR ERRORS: Toho reserves the right to either (1) waive any minor irregularities or clerical errors which are not material to the IFB, or which do not prejudice other Bidders; or (2) to reject any and all Bids submitted or (3) determine Bid responsiveness. Conditional Bids or those which take exception to any provision of the IFB may be considered non-responsive and may be rejected. 1.21 AWARD: Toho will award the Contract included herein to the lowest responsive, responsible Bidder deemed most qualified to provide the specified goods and/or services under the Contract included herein. Prior to award, the successful bidder must be registered to do business in the State of Florida. Information regarding registration can be found at the Florida Department of State, Division of Corporations website at http://dos.myflorida.com/sunbiz. Notification of Toho’s award resulting from this solicitation will be posted through Bonfire at https://tohowater.bonfirehub.com. and accessible via link on Toho’s website. Bidders are hereby notified that Section 287.05701, Florida Statutes, requires that Toho may not request documentation of or consider a vendor's social, political, or ideological interests when determining if the vendor is a responsible vendor. IFB 26-008 Page 9 of 54 [Version July 2025] SECTION 2 GENERAL CONDITIONS BIDDER’S ACKNOWLEDGEMENTS 1. EXPENSES Toho accepts no responsibility for any expenses incurred in the Bidders’ preparation of the Bids; such expenses are to be borne exclusively by the Bidders. All costs and expenses incurred by a Bidder, or any person working on behalf of a Bidder, in connection with the IFB, including the preparation and submission of a Bid, providing additional information, attendance at meetings, and any other actions taken by a Bidder in response to the IFB shall be the sole responsibility of the Bidder. Toho and its agents, officers and directors shall have no responsibility or liability for any costs, damages or expenses incurred by Bidder, team members or any other person as a result of this IFB. 2. INTERPRETATION By submitting a Bid, Bidders acknowledge that Toho is the interpreter of these Goods and/or Services Contract Documents. 3. PUBLIC RECORDS 3.1. Each Bidder, by submitting a Bid, acknowledges Toho’s legal obligation in accordance with Chapter 119 of the Florida Statutes, to respond to all public records requests in a timely manner and expressly waives any right to contest, impede, prevent or delay such disclosure, or to initiate any proceeding that may have the effect of impeding, preventing or delaying such disclosure, unless the Bidder establishes its right to a public records exception. It is the responsibility of the Bidder alone to establish its right to any such exception. Under no circumstances will Toho be responsible or liable to a Bidder or any other party as a result of disclosing any such information or materials. 3.2. Each Bidder may clearly mark each page of the Bid that contains trade secrets or other confidential commercial or financial information which the Bidder believes should not be disclosed outside of Toho. Disclosure of requested information will be determined in accordance with Florida laws, rules, and regulations. Bidders are informed that Toho is subject to the Florida Public Records and Sunshine Laws. 3.3. Each Bidder, by submitting a bid acknowledges and agrees that if awarded a contract as a result of this Bid the following conditions will be made a part of the contract. a. Contractor must keep and maintain all public records required by Toho in order to perform services under this Contract. b. Upon request from Toho’s custodian of public records, Contractor shall provide Toho with a copy of the requested public records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provide in Chapter 119, Florida Statutes, or as otherwise provided by law. c. Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to Toho. IFB 26-008 Page 10 of 54 [Version July 2025] d. Upon completion of the contract, Contractor shall transfer, at no cost, to Toho all public records in the possession of the Contractor or keep and maintain public records required by Toho to perform the service under this contract. If the Contractor transfers all public records to Toho upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to Toho, upon request from Toho’s custodian of public records, in a format that is compatible with the information technology systems of Toho. 3.4. Each BIDDER, by submitting a bid further understands that if awarded a contract, the following instructions will apply throughout the life of the contract. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT TOHO’S CUSTODIAN OF PUBLIC RECORDS AT THE FOLLOWING: RECORDS RETENTION 951 MARTIN LUTHER KING BLVD. KISSIMMEE, FLORIDA 34741 PUBLICRECORDSREQUEST@TOHOWATER.COM (407) 483-3822 4. CONTRACT FORM AND ACCEPTANCE The Bidder has familiarized itself with the nature and extent of the Contract Forms included herein, the sites, the localities and all local conditions and laws and regulations that may in any manner affect cost, schedule, progress, performance or furnishing of the goods and/or services under the Contract included herein. Bidder accepts the terms and conditions of the Contract. The Bidder proposes and agrees that if this Bid is accepted it shall enter into a contract with Toho in the form included herein as the Contract and perform and furnish all goods and/or services under the Contract for the Contract price, within the Contract time, and in accordance with the other terms and conditions of the Contract included herein. 5. CONTRACT EXECUTION, INSURANCE FORMS, AND BONDS The Successful Bidder agrees that, upon receipt of the Notice of Award, it shall execute and deliver to Toho two (2) copies of the Contract, the required Certificates of Insurance, and the Florida Performance Bond and the Florida Payment Bond, (if applicable) all of which are included herein, within 15 business days of receipt of the Notice of Award. No work can begin, or goods delivered prior to Toho’s receipt and approval of the insurance and bond forms. 6. PROVISION FOR OTHER AGENCIES IFB 26-008 Page 11 of 54 [Version July 2025] Unless otherwise stipulated by the Bidder, the Bidder agrees to make available to all Government agencies, departments, and municipalities the Bid prices submitted in accordance with said Bid terms and conditions therein, should any said governmental entity desire to buy under this proposal. Eligible Users shall mean all state of Florida agencies, the legislative and judicial branches, political subdivisions (counties, local district school boards, community colleges, municipalities, or other public agencies or authorities), which may desire to purchase under the terms and conditions of the contract. Toho shall not be liable for the obligations of any other agency which uses this contract under this provision. 7. BID BOND (OMITTED) 8. STATEMENT OF NON-COLLUSION The undersigned, hereinafter called the Bidder, declares that the only person(s) or party(s) interested in this Bid are those named herein, that this Bid is, in all respects, fair and without fraud, that it is made without collusion with any official of Toho and that the Bid is made without any connection or collusion with any person submitting another Bid on the Contract included herein. 9. CONSUMPTION ESTIMATES The quantities appearing in the Bid Price Form are based on historical usage and Toho’s anticipated needs at the time of the solicitation. However, since changes can occur, they should be considered approximate and are intended for the solicitation of bids. Payment to the Successful Bidder will be made only for the actual quantities of items furnished in accordance with the bid and it is understood that the scheduled quantities of items to be furnished may be increased, decreased, or omitted without in any way invalidating bid prices. 10. MAXIMUM DELIVERY TIME (OMITTED) 11. F.O.B. DESTINATION – FREIGHT PRE-PAID (OMITTED) 12. SIMILAR SERVICES The Bidder acknowledges and agrees that the separate prices on the Bid Price Form, where they are applicable and deemed acceptable by Toho, will be used by Toho and the Bidder, if awarded the Contract included herein, whenever similar service is added to the Contract. 13. FORCE MAJEURE The Successful Bidder shall be excused from performance hereunder during the time and to the extent that it is prevented from obtaining, delivering or performing in the customary manner, by acts of God, declared disaster, fire, loss or shortage of transportation facilities, lockout or commandeering of raw materials, products, plants or facilities by the government. The Successful Bidder shall provide Owner satisfactory evidence that non-performance is due to cause other than fault or negligence on its part. IFB 26-008 Page 12 of 54 [Version July 2025] 14. NEW PRODUCT(S) The Successful Bidder shall guarantee that the product(s) provided under this contract shall be new and shall be of first quality as to the raw materials and methods of manufacture used for said product(s). If circumstances arise causing the Successful Bidder to offer reconditioned, used, or refurbished products, the Successful Bidder must first obtain permission in writing from Toho and shall resume providing new products at the earliest possible time. 15. VENDOR’S STOCK The Successful Bidder shall agree to hold or maintain access to adequate stock of any item awarded in this Bid. The lead time(s) for such stock shall not exceed the lead time or maximum delivery time period(s) as specified in this bid. Should the product not be available, Toho reserves the right to procure products from another source and charge any additional costs for such procurement including expedited shipping to the Successful Bidder. 16. WARRANTY The Successful Bidder shall guarantee that all products supplied shall meet specifications upon delivery and be free from defects in material, composition, or performance for a period of one- year after acceptance by Toho, or the manufacturer’s standard warranty period, whichever is greater. Acceptance shall be defined as 30 days after delivery or as specifically defined elsewhere in this document (Section 4.12) whichever is greater. Successful Bidder shall bear all costs to replace goods, their spare parts, or components in full and/or repair defects within this timeframe, including transportation of goods to and from a designated repair facility and shipping costs of replacement parts. 17. SPECIAL CONDITIONS Any and all Special Conditions contained in this IFB that may be in variance or conflict with these General Conditions shall have precedence over these General Conditions, except as otherwise provided. If no changes or deletions to the General Conditions are made in the Special Conditions, then the General Conditions shall prevail in their entirety. 18. OWNER’S RIGHTS Toho reserves the right to reject any and all Bids, to waive any and all minor irregularities and technicalities, to negotiate terms with the successful Bidder, and reserves the right to disregard all nonconforming, non-responsive or conditional Bids and to re-solicit Bids, as maybe deemed to be in the best interests of Toho. Toho further reserves the right to delete line items from consideration. The decision made by Toho in selection of the successful Bidder and award of the Contract included herein will be final. Toho reserves the right, in its sole and absolute discretion, to: a. Amend, suspend, or terminate this IFB; b. Revise and modify, at any time prior to the Bid due date, factors it will consider in evaluating Bids and to otherwise revise its evaluation methodology; c. Seek additional relevant information and clarification regarding any Bidder’s qualifications to perform the work and to determine whether a Bid is deemed responsive and responsible based on that information; IFB 26-008 Page 13 of 54 [Version July 2025] d. Extend dates, time periods or deadlines in this IFB; e. Reject any and all Bids in whole or in part which are non-conforming, non-responsive, or conditional Bids; f. Waive minor deficiencies, informalities, irregularities, or defects in a Bid; g. Suspend and/or terminate this procurement process at any time; h. Reissue the same IFB or a different IFB for this project; i. Hold meetings and conduct discussions and issue correspondence with one or more of the Bidders to seek an improved understanding and evaluation of the Bids; j. Use assistance of outside advisors (e.g., technical, financial, procurement and legal advisors) in the evaluation process; k. Accept Bids that in its judgment will be in the best interest of Toho; l. Suspend, discontinue, and/or terminate Contract negotiations with any Bidder at any time prior to the actual authorized execution of such Contract by all parties; and/or m. Exercise all rights available to it under this IFB and other provisions of applicable Florida law pertaining to this IFB without incurring any liability for costs, expenses or damages of any nature whatsoever suffered or incurred by any Bidder, team member or any other person. 19. DISQUALIFICATION Without limiting the foregoing, Toho may disqualify and reject any Bidder (including its sub- consultants, affiliates, partners, and parent organizations) that: a. Fails to include information in its Bid required by this IFB; b. Engages in conduct prohibited by this IFB; c. Fails to obtain Toho’s consent for any action when required by this IFB; d. Is involved in pending litigation concerning Toho or its Member Governments; e. Submits false or misleading information in its Bid; f. Has a conflict of interest; g. Fails to disclose any information which, if disclosed, would materially adversely affect Toho’s evaluation of the Bid; or h. Otherwise fails to comply with or breaches any material requirement of this IFB. 20. NON-BINDING The issuance of this IFB does not bind or obligate Toho to enter into a Contract with any person or legal entity, nor does the IFB constitute an offer to enter into a Contract with any person or entity. Toho and its agents and representatives are not liable for any delays, interruptions, failure, or irregularities in sending or receipt of any communications or submissions, or for the loss, misdirection, or corruption of any such communication by Bidder with the agency. Bidder is solely responsible for meeting all deadlines and submission requirements of this IFB. 21. INITIAL TERM The initial term of this contract shall be from date of execution through Apil 29, 2028. 22. CONTRACT RENEWAL Toho reserves the right to renew the contract for two additional one-year period(s) from its expiration date. Renewal shall be contingent upon agreement by both parties to the same terms IFB 26-008 Page 14 of 54 [Version July 2025] and conditions of the contract. Toho reserves the right to terminate the Contract per Section 7 of the General Contract Conditions. 23. SUPPLEMENTAL CONTRACT EXTENSION PERIOD Toho has the option and reserves the right to unilaterally extend the original contract term or any renewal term for up to ninety (90) days period, at the same terms and conditions. Notice of Toho’s intent to extend, shall be provided in writing to the Awardee thirty (30) days prior to the expiration of the contract, or the renewal period if the contract has been previously renewed. 24. PRICE ESCALATION/DE-ESCALATION (OMITTED) 25. NON-APPROPRIATION OF FUNDS In the event no funds or insufficient funds are appropriated for expenditures under this award, Toho will notify the Awardee in writing of such occurrence and the award shall terminate without penalty or expense to Toho on the last day of the fiscal year in which sufficient funds have been appropriated. SECTION 3 FLORIDA VENDOR ELIGIBILITY REQUIREMENTS 26. E-VERIFICATION This Contract is subject to the requirements found in Section 448.095(5), Florida Statutes. By executing this Contract, Contractor hereby certifies that it is registered with the United States Department of Homeland Security’s E-Verify system to verify the work authorization status of all new employees of Contractor and hereby acknowledges the responsibilities and obligations of both the Contractor and Toho under Section 448.095(5), Florida Statutes, which includes without limitation the right of Toho to unilaterally and immediately terminate this Contract for Contractor’s failure to comply with such provision of Florida Law and to thereafter impose upon Contractor any additional costs incurred by Toho as a result of such termination. 27. PUBLIC ENTITY CRIMES Contractor hereby represents, warrants, and certifies that: neither Contractor, nor one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of Contractor, nor any affiliate of the entity, has been charged with and convicted of public entity crime subsequent to July 1, 1989; Contractor has not been placed on any convicted vendor list by the State of Florida and that it will not utilize any funding provided pursuant to this Contract to subcontract with any vendor that has been placed on any such convicted vendor list; and Contractor has read and reviewed the provisions, requirements, and prohibitions of Florida’s Public Entity Crime Act, Section 287.133, Florida Statutes, and hereby affirms its compliance therewith. For the purposes of this provision, the terms “public entity crime”, “convicted”, and “affiliate” shall be as defined in Section 287.133, Florida Statutes. IFB 26-008 Page 15 of 54 [Version July 2025] 28. SCRUTINIZED COMPANIES a. Contractor hereby represents, warrants, and certifies that: Contractor is not on Florida’s “Scrutinized Companies that Boycott Israel List”, created pursuant to Section 215.4725, Florida Statutes, nor is it engaged in a boycott of Israel; and Contractor has read and reviewed the provisions, requirements, and prohibitions of Florida’s prohibition against contracting with scrutinized companies, as found in Section 287.135, Florida Statutes, and hereby affirms its compliance therewith. b. If the Contract Amount meets or exceeds $1,000,000, then Contractor hereby additionally represents, warrants, and certifies that Contractor is not on the “Scrutinized Companies with Activities in Sudan List” or the “Scrutinized Companies with Activities in the Iran Terrorism Sectors List”, created pursuant to Section 215.473, Florida Statutes, and Contractor is not engaged in business operations in Cuba or Syria. c. In accordance with Section 218.135, Florida Statutes, if any of the above certifications are found to have been false, if Contractor is later placed on any of the lists referenced in this Article, or if Contractor becomes engaged in business operations in Cuba or Syria or any boycott of Israel, Toho shall have the option to terminate this Contract and shall have the right to, notwithstanding anything to the contrary in this Contract, pursue all remedies available to it in equity and at law. 29. DISCRIMINATORY VENDORS Contractor hereby represents, warrants, and certifies that entering into this Contract will not violate Subsection 287.134, Florida Statutes, which provides that an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. 30. ANTI-TRUST VIOLATORS Contractor hereby represents, warrants, and certifies that entering into this Contract will not violate Section 287.137, Florida Statutes, which provides that a person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply for any new contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply for a new contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on new leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a new contract with a public entity; and may not transact new business with a public entity. 31. COUNTRIES OF FOREIGN CONCERN IFB 26-008 Page 16 of 54 [Version July 2025] Contractor hereby represents, warrants, and certifies that entering into this Contract will not violate Section 287.138, Florida Statutes, which provides that Toho may not enter into a contract with an entity that gives access to an individual’s personal identifying information if the entity is owned, controlled, or organized under the laws of a Foreign Country of Concern which includes: the People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolas Maduro, the Syrian Arab Republic, or any other entity or agency under the significant control of such Foreign Country of Concern. 32. COMMON CARRIER If Contractor meets the definition of “Common Carrier” under Section 908.111, Florida Statutes, then Contractor shall execute an attestation in conformity with Section 92.525, Florida Statutes, that the common carrier or contracted carrier is not willfully providing and will not willfully provide any service during the contract term in furtherance of transporting a person into the State of Florida knowing that the person is an unauthorized alien, except to facilitate the detention, removal, or departure of the person from this state or the United States. Such attestation must be provided to Toho prior to commencement of this Contract. In accordance with Section 908.111, Florida Statutes, Toho may terminate this Contract for cause if Contractor is found to be in violation of this provision or its attestation. 33. ANTI-HUMAN TRAFFICKING Contractor hereby represents, warrants, and certifies that Contractor does not use coercion for labor or services as defined in Section 787.06, Florida Statutes and that Contractor has provided the affidavit attached hereto as Attachment E to Toho. IFB 26-008 Page 17 of 54 [Version July 2025] SECTION 4 TECHNICAL SPECIFICATIONS OR SCOPE OF SERVICES The Contractor shall provide personnel, parts, and equipment as outlined in this Scope of Services to assist in the Toho Cross-Connection Control Program. The Contractor shall conduct inspection, surveying, testing, repair, installation and/or replacement of backflow prevention assemblies where appropriate. As part of the installation procedure, a passing test report shall be included. The Contractor shall document the inspection and testing information on the Toho Backflow Prevention Assembly Test Form provided on Toho’s Backflow Prevention portal. If awarded, the Contractor will be assigned a login by Toho staff to access the portal, where the Contractor shall complete and submit the Backflow Prevention Assembly Test Form. The type and size of the backflow prevention assemblies may vary depending on the type and size of the residential connection. This contract will apply to all Toho’s residential water customers receiving potable water with potable irrigation, potable water with reclaimed irrigation, or potable water with an auxiliary water source on site, such as a well, lake, and/or fire lines on site that may or may not have an existing backflow prevention device or assembly at the water meter connection or property line. Toho will allow Wilkins lead free Model 975XL2, 950XLT2, 950XL3, Watts Model LF800M4, Ford HHS31, Ford EC-23 (Star DuC), Watts LF7 and Wilkins 700XL new devices for installation. All Contractor personnel conducting repairs as needed under this contract shall have a current backflow repair and maintenance certification on file with Toho. All Contractor unit costs shall include the parts (assemblies), administrative costs, insurance, fleet management and maintenance, customer relations assistance, data management, start-up costs, and any other costs associated with performing the technical services described herein. Estimated quantities are given only as a guideline for preparing this bid and should not be construed as representing actual quantities of cross-connection control assemblies to be tested, repaired or installed under this contract. All installation and replacements require successful testing by the Contractor at no additional cost. The type of device shall be based on the Backflow Scenarios provided in Attachment G - Backflow Scenarios and Section 4.4. 4.1. TESTING The service involves initial and on-going testing of backflow preventers on properties of Toho customers, including residential irrigation and potable water services that are required to have backflow prevention devices or assemblies. It also includes testing the device to obtain acceptable test results and reporting the results of testing to Toho`s Cross-Connection Control section within 48 hours of test using appropriate website, forms, etc. 4.2. REPLACEMENTS, NEW INSTALLATIONS AND INITIAL TESTING The service involves physical installation, replacement and initial testing of backflow preventers on properties of Toho customers, including residential irrigation and potable water services that IFB 26-008 Page 18 of 54 [Version July 2025] are required to have backflow prevention devices or assemblies. It also includes testing the assembly to obtain acceptable test results and reporting the results of installation and testing to Toho Cross-Connection Control Program within 48 hours of the test using the Toho portal. 4.3. RESIDENTIAL DEGREE OF HAZARD (DOH) ASSESSMENTS/SITE SURVEYS Toho currently has a gap of >15,000 customers which are not in the Toho Cross-Connection Control documentation system. These assessments will be utilized to document these customers and get them ingested into the annual compliance program. Toho will provide addresses and meter numbers where applicable. This represents only a portion of the total number of devices in Toho’s system. The size of these devices varies depending on the application and parcel. These numbers are estimates and are not guaranteed. For residential customers, the Toho Cross-Connection Control staff will provide lists to the Contractor of areas and subdivisions and types of devices to be tested. Toho will group the work by geographic area (GIS Grid System) to facilitate testing and surveying to minimize travel. 4.4. REQUIREMENTS The service shall include, but not be limited to, the following: Providing installation, testing and repair of RP’s, PVB’s, DC’s and dual checks utilizing certified personnel in accordance with the American Water Works Association (AWWA) testing procedures as documented in the AWWA M14 Manual of Practice, Fifth Edition (2025). The backflow assembly may range in size from 0.50 inches to 2 inches and must be Lead-free. New residential installations shall be: • Wilkins 975XL2, Reduced Pressure Assembly • Wilkins 950XLT2, Double Check Assembly • Wilkins 950XL3, Double Check Assembly • Double DFW D1500 24” x 18” Box (Double Check Box) with overlapping lid • Ford HHS31, EC-23, Watts LF7 or Wilkins 700XL Dual Check Device Unrepairable assemblies, other than the below listed makes/models, shall be replaced with: • Wilkins 975XL2, Reduced Pressure Assembly • Watts LF800M4, Pressure Vacuum Breaker • Wilkins 950XLT2, Double Check Assembly • Wilkins 950XL3, Double Check Assembly • Double DFW D1500 24” x 18” Box (Double Check Box) with Overlapping Lid. • Ford HHS31, EC-23, Watts LF7 or Wilkins 700XL Dual Check Device The Contractor shall take before and after digital photographs of the backflow assembly areas that clearly show and document its position relative to the water meter. These photographs shall be identified with the date taken, parcel address, and backflow device number and be supplied to Toho on a weekly basis. The photographs shall be in an electronic format agreeable to Toho. IFB 26-008 Page 19 of 54 [Version July 2025] The technician shall initial and date door hangers notifying customers that a Toho-authorized Contractor was at their property on Toho business and the nature of the work that will be performed or was performed. The Contractor shall provide adequate supervision and shall perform, on a weekly basis, internal quality control checks to assure that work is performed with integrity and responsibility. The Contractor shall submit this plan and schedule to the Toho Cross-Connection Control Program Coordinator prior to the start of testing. The Contractor shall have adequate office/warehouse space to store parts, equipment, vehicles, and trained staff to perform these services. The Contractor shall provide personnel with vehicles, fuel, computers, supplies, parts, equipment, backflow test kit, and necessary tools to accomplish the specified services listed herein. The Contractor shall document the tools they intend to use on this contract, including test equipment, and a current certification of the test gauges as indicated in special terms and conditions. The Contractor shall respond to all communications (e-mail, phone, calls, text messages, etc.) within 12hours. 4.5. MANNER OF PERFORMANCE The Contractor shall provide the parts, including piping and connectors, personnel labor, vehicles, fuel, test equipment, and administrative services to complete replacement and initial and ongoing testing, as needed. The prices quoted on the bid form shall include all parts, labor, overhead, and supplies, including travel time to the worksites. It is Toho’s intent that, if the initial test fails the standards set forth in the AWWA standard, the Contractor shall repair the device using new parts and retest the device. Toho will pay only once, either for a passing initial test or for a retest. Recording and submitting the test results on the Toho Backflow Prevention Assembly Test Form will be the criteria used for successful performance. Prior to the start of work, the Contractor shall contact the customer to notify them they are onsite and that they may interrupt water service for the short period of the work. Once the installation, testing and/or repairs are completed, the Contractor shall place a door hanger on the front door of the residence to notify the customer that the work has been completed. The assembly shall also be tagged with a Toho test tag when applicable. The door hangers and test tags will be provided by Toho. Perform duties necessary to test and document backflow prevention assemblies or devices. Perform necessary duties to clean and repair devices that fail the initial test, retest and document the test results. Provide and maintain a copy of the active Backflow Tester registration number to Toho. The Contractor’s personnel performing the tests shall hold a current backflow tester certificate. The Contractor’s personnel performing testing and repairs shall have a current backflow repair and maintenance certification from a training agency located in the state of Florida. These certificates IFB 26-008 Page 20 of 54 [Version July 2025] shall be provided to Toho prior to the start of testing and updated as personnel are added to the Contractor’s staffing. Notify Toho Cross-Connection Control of non-protected cross-connections or backflow condition by the next business day after discovery. The Contractor shall fill out test reports completely by including the following information: water meter number, backflow assembly (make, model, size, serial number and descriptive location), a photo, surveyor name, date time in at job site and time out at job site, pass/fail result. If this is for a replacement assembly, the previous serial # will be noted on the test report. The Contractor shall flow water at the backflow assembly test cock and validate the water meter number. If no backflow assembly exists, the Contractor shall document such and make reasonable recommendations of the type of backflow assembly needed based on the degree of hazard on the testing form. The Contractor shall supply completed test reports and repair data on the Toho portal within forty eight (48) hours of completion of the test. The Contractor’s personnel shall take precautionary measures to be courteous to all customers and to prevent damage to customer’s property and the Contractor assumes liability for work and repairs or damage incurred to the customer’s property or plumbing from the actions of their employees during the testing or installation. The hours of services shall be from 8:00 AM to 4:00 PM, Monday through Friday, excluding Toho holidays. 4.6. CONTRACTOR’S EQUIPMENT, SUPPLIES AND HAND TOOLS The Contractor shall provide all Contractor personnel with vehicles, fuel, computers, supplies, parts, equipment, backflow test kit, and necessary tools to accomplish the specified services listed herein. At the start of the contract and each renewal period, the testing gauge certifications shall be supplied to Toho for all gauges used by personnel on this contract. 4.7. PERFORMANCE The awarded Contractor will designate an experienced Supervisor or Manager to oversee this agreement with Toho. The Contractor is deemed to be an “independent contractor,” and the Contractor’s employees shall be deemed as employees of the Contractor Schedule personnel to ensure the work is completed in a timely manner. Any customer requesting an appointment prior to testing will need to be coordinated by the Contractor. Toho will aid, as needed. When an appointment is scheduled, the Contractor shall be on time for the meeting. All data, electronic or hard copy shall be the sole property of Toho. The Contractor shall provide all computer hardware and software for electronic data collection. IFB 26-008 Page 21 of 54 [Version July 2025] To perform some tests or repairs, the Contractor may be required to dig up or around the water meter or backflow assembly device and box to obtain the required data. The Contractor shall restore the area to its original condition upon completion of the test or repair. The location of the backflow device may vary depending on the application and location of water meters on the customer’s property 4.8. ITEMS PROVIDED BY TOHO Written or electronic listing of addresses and account information for residential backflow prevention device assemblies 3/4" inch or larger. This listing may include zip codes, street address and water meter number. The customer’s address shall be used for location identification only and shall not be used for any other purpose. Many of the assemblies that need to be tested are new connections or no prior records are available. Some have been previously surveyed and/or tested. If historical data is available for an address or backflow device, that data will be provided to the Contractor as available. The Contractor shall have proper identification in the form of a magnetic vehicle sign, picture vendor identification badge, and current Florida Driver’s license. Toho will assist in getting magnetic signs and vendor identification badges for personnel working on this contract to clearly identify them as Toho Contractors. At the completion of the contract or upon termination of any employee working on this contract, the badge and magnetic signs shall be returned to the Toho Cross-Connection Control section. Any misuse of these signs or vendor identifications shall be grounds for termination of the contract. 4.9. MATERIALS ACCEPTED Only the following materials will be considered for this bid. Ensure your pricing reflects the correct materials/manufacturer needed • Wilkins 975XL2, Reduced Pressure Assembly • Wilkins 950XLT2, Double Check Assembly • Wilkins 950XL3, Double Check Assembly • Double DFW D1500 24” x 18” Box (Double Check Box) with Overlapping Lid • Watts LF800M4, Pressure Vacuum Breaker • Dual Check Valves – Ford HHS31, EC-23, Watts LF7 or Wilkins 700XL • Schedule 80 PVC piping to be used in installations of Assemblies. The Contractor does have the option to charge for difficult installations which require extra personnel or equipment due to roots, ground cover or other circumstances which would require them to perform above the norm for installations. However, these circumstances are at the discretion of the Cross-Connection staff and must be approved before work commences. 4.10. CONTRACTORS EXPERIENCE The Contractor shall demonstrate a minimum of 5years of experience with the testing, maintenance and installation of backflow assemblies. References from former/current clientele to such experience will be acceptable. IFB 26-008 Page 22 of 54 [Version July 2025] 4.11. REFERENCES Each Bidder must submit with its Bid, three (3) references (see references form). References shall be of similar scope of operations as Toho to whom the Bidder has supplied the same services within the past five (5) years. References must be able to attest without reservation to the fact that the Bidder provided the contracted goods/services without a significant problem of any kind, and at any time during the contract period. 4.12. WARRANTY The Contractor agrees that the goods furnished under any award resulting from this solicitation shall be covered by the most favorable commercial warranties the Contractor gives any customer for such goods and that the rights and remedies provided therein are in addition to and do not limit those available to Toho by any other clause of this solicitation. At a minimum, all work shall be guaranteed by the Contractor against defects resulting from the use of inferior materials, equipment or workmanship for two (2) weeks from the date of acceptance of the test report by Toho. The Contractor warrants that, unless otherwise specified, all materials and equipment incorporated in this solicitation and under the contract shall be new, in first class condition, and in accordance with the IFB documents. The Contractor further warrants that all workmanship be of the highest quality and in accordance with contract documents and shall be performed by persons qualified at their respective trades. Defects discovered during the warranty period shall be corrected by the Contractor to Toho’s satisfaction. 4.13. BACKFLOW SCENARIO DIAGRAM Attachment G – Backflow Scenarios is provided as a guide for typical backflow scenarios that the tester is likely to encounter. These are the recommendations that the tester needs to make to Toho based on their survey results. 4.14. HOSE BIBBS Some situations may occur whereby a backflow being replaced has a hose bibb connected on the downstream leg of a backflow assembly or installed at the meter. The Contractor is required to reinstall and or replace the hose bibb as part of the new installation (see Attachment H - Hose Bib Tee Description) 4.15. CONTACT INFORMATION All questions and communications for Toho Cross-Connection staff should be sent to BackflowCompliance@tohowater.com or by phone at (407) 944-5059. IFB 26-008 Page 23 of 54 [Version July 2025] SECTION 5 BID FORMS • Addenda Acknowledgment Form • Bid Price Form • Authorized Signature Form • Bidder’s Reference List IFB 26-008 Page 24 of 54 [Version July 2025] ADDENDA ACKNOWLEDGMENT FORM The Bidder acknowledges that he has received Addenda Number(s): ___________________________________________________________________ Number Addendum Title Bidder Initials ___________________________________________________________________ Number Addendum Title Bidder Initials ___________________________________________________________________ Number Addendum Title Bidder Initials Bidder shall insert number and name of each addendum received and agrees that all addenda issued are hereby made a part of the proposed Contract Forms, and the Bidder further agrees that its Bid is submitted after consideration of said addenda. IFB 26-008 Page 25 of 54 [Version July 2025] BID PRICE FORM Item Number Description Estimated Qty. Unit Unit Price Extended Price Group A: Testing, Repair and Survey 1 Backflow Assembly Test, Repair and Retest for Services 2” or Smaller 2,000 Each 2 Backflow Assembly Test for Services 2” or Smaller 11,500 Each 3 Site Inspection Only (Residential) 4,000 Each 4 Cross-Connection Inspection (Reclaimed) 8,000 Each Group A: Testing, Repair and Survey Total Bid: $ Group B: Installation Services 5 3/4' RP 10 Each 6 1' RP 170 Each 7 2' RP 10 Each 8 3/4' PVB 10 Each 9 1' PVB 50 Each 10 ¾” DC (Without Meter Box) 125 Each 11 ¾” DC (With Meter Box) 10 Each 12 1” DC (Without Meter Box) 15 Each 13 1” DC (With Meter Box) 175 Each 14 ¾” Dual Check Valve 6,000 Each 15 1” Dual Check Valve 500 Each 16 ¾” Brass HBVB 12 Each 17 Remove Existing BF & Straight Pipe Only 80 Each IFB 26-008 Page 26 of 54 [Version July 2025] Item Number Description Estimated Qty. Unit Unit Price Extended Price 18 Meter Box Only 15 Each 19 Install Hose Bib Tee in on Downstream Pipe of Backflow 25 Each 20 Challenging Installation 100 Each Group B: Installation Services Total Bid: $ Group A and B Total Base Bid: $ Note that the quantities above are estimates of annual scope of work. These quantities are used to provide the bidder with the magnitude of the work and the owner with the means to compare bids. (Amount Written in Words) Firm Name Firm Address Authorized Signature Printed Name Phone Number E-Mail Address IFB 26-008 Page 27 of 54 [Version July 2025] AUTHORIZED SIGNATURE FORM Bidder: Complete the applicable Acknowledgement for An Individual Acting in His Own Right, A Partnership, A Corporation, or a Limited Liability Corporation, (LLC) according to your firm type. FOR AN INDIVIDUAL ACTING IN HIS OWN RIGHT STATE OF COUNTY OF SWORN TO and subscribed before me by means of physical presence or online notarization, this day of , 20____, by , acting in an individual capacity. He/she is personally known to me OR has produced as identification and did (did not) take an oath. Notary Public Signature Print Name My Commission Expires: (AFFIX NOTARY SEAL) FOR PARTNERSHIP STATE OF COUNTY OF SWORN TO and subscribed before me by means of physical presence or online notarization, this day of , 20____, by , who is a partner on behalf of , a partnership. He/she is personally known to me OR has produced as identification and did (did not) take an oath. Notary Public Signature Print Name My Commission Expires: (AFFIX NOTARY SEAL) IFB 26-008 Page 28 of 54 [Version July 2025] FOR A CORPORATION OR A LIMITED LIABILITY CORPORATION STATE OF COUNTY OF SWORN TO and subscribed before me by means of physical presence or online notarization, this day of , 20____, by , who is (Title) of _________________________ (Corporation Name) a corporation under the laws of the State of , on behalf of the said corporation.. He/she is personally known to me OR has produced as identification and did (did not) take an oath. Notary Public Signature Print Name My Commission Expires: (AFFIX NOTARY SEAL) IFB 26-008 Page 29 of 54 [Version July 2025] BIDDER’S REFERENCE LIST To enable Toho to evaluate the Bidder's qualification, Bidders will provide references and submit them with the bid package. Provide a minimum of three (3) and maximum of five (5) references where your company has provided similar goods or services within the last five years and include the information requested below. Toho employees may not be used as references. Separate sheets or your own form may be utilized however, all the information should be provided. Inadequate information provided to verify Bidder’s experience and qualifications may result in disqualification. Provide the following information for each of the references. (Minimum 3/Maximum 5) Company Name: Company Address: Contact Person: Contact Email Address: Contact Phone Number: Nature of Contract: Dollar Value of Contract: Start and End Dates of Contract: IFB 26-008 Page 30 of 54 [Version July 2025] SECTION 6 SPECIAL TERMS AND CONDITIONS (Omitted) IFB 26-008 Page 31 of 54 [Version July 2025] SECTION 7 ATTACHMENTS Bidders are hereby advised that they must complete the attachments found on the following pages of this section and submit them as part of their Bid. A Affidavit of Non-Collusion and Non-Interest of Toho Employees B E-Verify Use and Registration Certification C Bid Bond or Cashier’s Check (If applicable) D Drug Free Workplace Compliance Form E Anti-Human Trafficking Affidavit ATTACHMENT F -SAMPLE AGREEMENT Bidders, please note that the contract is a sample and is intended to provide you with an opportunity to review the contents and specifically the terms and conditions, and anticipated insurance requirements based on current cost estimates. Also, there may be references to specific Attachments and/or exhibits that are intended to be or may be incorporated into the final Contract depending on the negotiated final scope of work for the goods and services that are NOT present in the sample. IFB 26-008 Page 32 of 54 [Version July 2025] ATTACHMENT A AFFIDAVIT OF NON-COLLUSIONS AND OF NON-INTEREST OF TOHO EMPLOYEES Instructions: “Vendor(s)”, defined as any person or entity responding to a formal solicitation issued by the Tohopekaliga Water Authority (“Toho”), must submit this form with their Solicitation Responses. The terms “Contract” and “Agreement” may be interchangeably used. Vendor Name (as on Sunbiz.org): Solicitation/Contract Number: Affidavit of Non-Collusion and of Non-Interest of Toho Employees The undersigned hereby certifies that they are authorized to legally bind the Vendor of this Solicitation Response, that the only person(s) or party(s) interested in this Solicitation Response are those named in the Solicitation Response, that no officer, employee, or agent of the Tohopekaliga Water Authority or any other Vendor is interest in this Solicitation Response, that this Solicitation Response is made without fraud, that this Solicitation Response is made with no past or present collusion with any other person, firm, or corporation. By submitting a Solicitation Response to the above-referenced Solicitation, Vendor also represents that this Solicitation Response has been prepared without collusion or fraud and in fair competition with other Vendors, without any restraint on free competition, and acknowledges that Tohois acting in reliance upon that representation. The undersigned hereby represents that they: make the above certifications based upon personal knowledge; are over the age of 18 years and otherwise competent to make the above certifications; and are authorized to legally bind and make the above certifications on behalf of Vendor. Under penalties of perjury, the undersigned declares that they have read and understand the contents of the foregoing form. Pursuant to the authority granted to the undersigned by Vendor, the undersigned hereby acknowledges, affirms, and makes the above sworn statement. By: __________________________________________ Authorized Representative on behalf of Vendor Printed Name: Official Title: STATE OF _________________ COUNTY OF _______________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this ____ day of ________________________, 20____, by _______________________, as __________________ of __________________________, a ________________________________ authorized to do business in the State of Florida on behalf of the company/corporation. They ☐ are personally known to me or ☐ have produced ___________________________ as identification. (Seal) Signature of Notary Public Name of Notary Typed, Printed or Stamped IFB 26-008 Page 33 of 54 [Version July 2025] ATTACHMENT B E-VERIFY USE AND REGISTRATION CERTIFICATION Instructions: “Vendor(s)”, defined as any person or entity seeking to engage in business with the Tohopekaliga Water Authority (“Toho”), must certify that they are registered and use the U.S. Department of Homeland Security’s E-Verify system using this form. The terms “Contract” and “Agreement” may be interchangeably used. Vendor Name (as on Sunbiz.org): Solicitation/Contract Number: Section 448.095, Florida Statutes, Compliance Certification Employment Eligibility The undersigned, on behalf of the Vendor, hereby certifies as follows: (A) Vendor acknowledges that Section 448.09, Florida Statutes, makes it unlawful for any person to knowingly employ, hire, recruit, or refer, for private or public employment, an alien who is not duly authorized to work in the United States. (B) Vendor acknowledges that, in accordance with Section 448.095(5), Florida Statutes: (1) the Vendor, and any subcontractor thereof, are required register with and use the U.S. Department of Homeland Security’s E-Verify system to verify the work authorization status of all new employees of the Vendor or subcontractor; and (2) Toho may not enter into a contract unless each party to the contract registers with and uses the E-Verify system. (C) Vendor hereby certifies that the Vendor is registered with the U.S. Department of Homeland Security’s E-Verify system to verify the work authorization status of all employees hired during the term of the Contract. (D) Vendor hereby certifies that it does not and shall not employ, contract, or subcontract with an unauthorized alien, pursuant to Section 448.095, Florida Statutes, is otherwise in compliance with the requirements of Sections 448.09 and 448.095, Florida Statutes, and shall remain in compliance with such sections of Florida law during the term of any contract with Toho. (E) Vendor hereby acknowledges that the language of the Solicitation and/or Contract notwithstanding, a contract terminated under Section 448.095(5), Florida Statutes, is not a breach of contract and may not be considered as such. (F) Vendor hereby acknowledges and agrees that in the event that Vendor, or any subcontractor thereof, fails to comply with all applicable provisions of Sections 448.09 and 448.095, Florida Statutes, Toho reserves the right to exercise all remedies available to it at law and in equity, including without limitation recovery from the Vendor of the costs incurred by Toho as a result of termination of the Agreement under the aforementioned Florida statutes. (G) Attached to this form is a true and correct copy of the Vendor’s proof of registration in the E-Verify system. (H) Vendor shall ensure compliance with the requirements of Sections 448.09 and 449.095, Florida Statutes, by any and all of its subcontractors, and shall require all subcontractors performing IFB 26-008 Page 34 of 54 [Version July 2025] work under the Contract to provide this same certification form, with party names changed as applicable. Toho reserves the right to request copies of each such subcontractor’s form. Initials: _____ EXECUTION OF ABOVE CERTIFICATION The undersigned hereby represents that they: make the above certification based upon personal knowledge; are over the age of 18 years and otherwise competent to make the above certification; and are authorized to legally bind and make the above certification on behalf of the Vendor. Under penalties of perjury, the undersigned declares that they have read and understand the contents of the foregoing form. Pursuant to the authority granted to the undersigned by Vendor, the undersigned hereby acknowledges, affirms, and makes the certification provided above on behalf of Vendor. By: Authorized Representative on behalf of Vendor Printed Name: Official Title: Date: STATE OF _________________ COUNTY OF _______________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this ____ day of ________________________, 20____, by _______________________, as __________________ of __________________________, a ________________________________ authorized to do business in the State of Florida on behalf of the company/corporation. They ☐ are personally known to me or ☐ have produced ___________________________ as identification. (Seal) Signature of Notary Public Name of Notary Typed, Printed or Stamped IFB 26-008 Page 35 of 54 [Version July 2025] ATTACHMENT C FLORIDA BID BOND (Omitted) IFB 26-008 Page 36 of 54 [Version July 2025] ATTACHMENT D DRUG FREE WORKPLACE COMPLIANCE FORM Instructions: “Vendor(s)”, defined as person or entity seeking to engage in business with the Tohopekaliga Water Authority (“Toho”), must use this form to certify that they will take the requisite “affirmative steps” as discussed below. The terms “Contract” and “Agreement” may be interchangeably used. Vendor Name (as on Sunbiz.org): Solicitation/Contract Number: Drug-Free Workplace Compliance Form 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 this form and submitting it with its Bid. In order to have a drug-free workplace program, Contractor certifies that it will: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of the Project. Vendor’s Initials: _______ IFB 26-008 Page 37 of 54 [Version July 2025] EXECUTION OF ABOVE CERTIFICATION The undersigned hereby represents that they: make the above certification based upon personal knowledge; are over the age of 18 years and otherwise competent to make the above certification; and are authorized to legally bind and make the above certification on behalf of the Vendor. Under penalties of perjury, the undersigned declares that they have read and understand the contents of the foregoing form. Pursuant to the authority granted to the undersigned by Vendor, the undersigned hereby acknowledges, affirms, and makes the certification provided above on behalf of Vendor. By: Authorized Representative on behalf of Vendor Printed Name: Official Title: STATE OF _________________ COUNTY OF _______________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this ____ day of ________________________, 20____, by _______________________, as __________________ of __________________________, a ________________________________ authorized to do business in the State of Florida on behalf of the company/corporation. They ☐ are personally known to me or ☐ have produced ___________________________ as identification. (Seal) Signature of Notary Public Name of Notary Typed, Printed or Stamped IFB 26-008 Page 38 of 54 [Version July 2025] ATTACHMENT E ANTI-HUMAN TRAFFICKING AFFIDAVIT Instructions: “Nongovernmental Entity”, defined as any person or entity seeking to engage in business with the Tohopekaliga Water Authority (“Toho”), must complete the following form. The terms “Contract” and “Agreement” may be used interchangeably. Nongovernmental Entity Name Solicitation/Contract Number(s): The undersigned, on behalf of the Nongovernmental Entity, hereby attests as follows: A. The Nongovernmental Entity understands and affirms that Section 787.06(13), Florida Statutes, prohibits Toho from executing, renewing, or extending a contract with entities that use coercion for labor or services, as such terms are defined in Section 787.06, Florida Statutes. B. The Nongovernmental Entity hereby attests, under penalty of perjury, that the Nongovernmental Entity does not use coercion for labor or services as defined in Section 787.06(2), Florida Statutes. C. The Nongovernmental Entity understands and affirms that if at any time in the future, the Nongovernmental Entity does use coercion for labor or services, the Nongovernmental Entity will immediately notify Toho and no contracts may be executed, renewed, or extended with Toho. The undersigned hereby represents that they: make the above attestation based upon personal knowledge; are over the age of 18 years and otherwise competent to make the above attestation; and are authorized to legally bind and make the above attestation on behalf of the Nongovernmental Entity. Under penalties of perjury, the undersigned declares that they have read and understand the contents of the foregoing document and that the facts stated in it are true. Authorized Signature: Printed Name: Title: Date: STATE OF _________________ COUNTY OF _______________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this ____ day of ________________, 20____, by ____________________________, as __________________ on behalf of the Nongovernmental Entity. They ☐ are personally known to me or ☐ have produced ___________________ as identification. _____________________ Signature of Notary Public _____________________ Name of Notary Typed, Printed or Stamped My Commission Expires: _______________ Page 39 of 54 [Version July 2025] ATTACHMENT F SAMPLE AGREEMENT Bidders, please note that this contract is a sample and is intended to provide you with an opportunity to review the contents and specifically the terms and conditions, and anticipated insurance requirements based on current cost estimates. Also, there may be references to specific Attachments and/or exhibits that are intended to be or may be incorporated into the final Contract depending on the negotiated final scope of work for the goods and services that are NOT present in the sample. Page 40 of 54 [Version July 2025] AGREEMENT FOR BACKFLOW SURVEY AND INSPECTION, MAINTENANCE AND INSTALLATION SERVICES THIS AGREEMENT FOR BACKFLOW SURVEY AND INSPECTION, MAINTENANCE AND INSTALLATION SERVICES (the “Agreement”) is made and entered into between TOHOPEKALIGA WATER AUTHORITY, an independent special district established and created pursuant to Chapter 189, Florida Statutes, by special act of the Florida Legislature, and with a principal address of 951 Martin Luther King Boulevard, Kissimmee, Florida 34741 (“Toho”) and CONTRACTOR NAME, a entity type, with a principal address of Address (the “Contractor”). Toho and the Contractor may be individually referred to as a “Party” or collectively as the “Parties”. RECITALS: WHEREAS, Toho has competitively solicited for the project name pursuant to IFB-26-008 (the “Solicitation”), a copy of which is attached, including all Addendums, incorporated by reference as Exhibit “A”, and made a material part of this Agreement; and WHEREAS, the Contractor has exhibited by its response to the Solicitation, a copy of which is attached, incorporated by reference as Exhibit “B”, and made a material part of this Agreement, that it is capable of providing the required goods and services; and WHEREAS, the Parties hereto have agreed to enter into this Agreement, in accordance with the terms and conditions based on the Solicitation and as more specifically set forth herein. NOW, THEREFORE, in consideration of the mutual covenants, terms, and provisions contained herein, the Parties agree as follows: SECTION 1. RECITALS. The above recitals are true and correct and form a material part of this Agreement. SECTION 2. TERM. The term of this Agreement shall become effective upon execution by both Parties and shall continue through Month XX, 202X. This Agreement may be renewed subject to written notice of agreement executed by both Parties, for up to two additional one-year periods. SECTION 3. SCOPE OF SERVICES. The Contractor shall provide those goods and services specified in Section Three – Scope of Services and Related Requirements of Exhibit “A” (collectively the “Services”), in compliance with the terms and conditions of this Agreement, as well as those found in the solicitation document attached as Exhibit “A”. If there is a conflict between the provisions of either Exhibit “A” and this Agreement, the terms of this Agreement shall prevail. SECTION 4. OBLIGATIONS OF THE CONTRACTOR. Obligations of the Contractor shall include, but not be limited to, the following: Page 41 of 54 [Version July 2025] A. The Contractor shall provide and pay for all labor, tools, materials, permits, equipment, transportation, supervision, and any other items or services, of any type whatsoever, which are necessary to fully complete and deliver the Services requested by Toho. The Contractor shall not have the authority to create, or cause to be filed, any liens for labor and/or materials on, or against, Toho, or any property owned by Toho. Any such lien, attachment, or encumbrance, until removed, shall preclude any claims or demands by the Contractor for any payment expected by virtue of this Agreement. B. The Contractor shall ensure that all of its employees, agents, subcontractors, representatives, volunteers, and any other associates fully comply with all of the terms and conditions set forth herein when providing Services for Toho under this Agreement. C. The Contractor shall be solely responsible for the means, methods, techniques, sequences, safety programs, and procedures necessary to properly and fully complete the work outlined in the Scope of Services. D. The Contractor shall maintain adequate and competent staff, and remain authorized to do business within the State of Florida for the term of this Agreement, including renewals. The Contractor may subcontract the Services requested by Toho, with prior written approval from Toho; however, the Contractor is fully responsible for the satisfactory completion of all subcontracted work. SECTION 5. STANDARD OF CARE A. The Contractor has represented to Toho that it possesses a level of knowledge, experience, and expertise that is commensurate with firms in the areas of practice required for the Services provided under this Agreement. By executing this Agreement, the Contractor agrees that the Contractor will exercise that degree of care, knowledge, skill, and ability as any other similarly situated contractor possessing the degree of skill, knowledge, experience, and expertise within the local area, working on similar activities. The Contractor shall efficiently perform the requested Services, consistent with Exhibit “A” and Exhibit “B”, as well as industry standards. The Contractor hereby covenants and agrees that its employees, agents, subcontractors, representatives, volunteers, and any other associates shall likewise be bound by this representation. B. The Contractor covenants and agrees that it and its employees, agents, subcontractors, representatives, volunteers, and the like, shall be bound by the same standards of conduct as stated above. SECTION 6. COMPENSATION A. The amount paid under this Agreement for acceptable performance and delivery of XXXXXX units described in Exhibit “A” shall not exceed XXXXXXXXXX (the “Not to Exceed Amount”) for the term of the agreement, based on the rates specified in Exhibit “B”. Purchase Order. B. Toho will not accept any goods delivered or service performed unless a duly authorized Purchase Order has been issued for said goods and/or services. The Purchase Order number must appear on all invoices, packing slips, and all correspondence concerning this order. Page 42 of 54 [Version July 2025] C. Compensation for Services completed by the Contractor shall be paid in accordance with section 218.70, Florida Statutes, Florida’s Local Government Prompt Payment Act. D. Services performed in accordance with this Agreement are subject to the annual appropriation of funds by Toho. Toho reserves the right, in its sole discretion, to forego the Contractor's use for any project that may fall within the Scope of Services listed herein. In the event Toho is not satisfied with the Services provided by the Contractor, Toho will hold any amounts due until such time as the Contractor has appropriately addressed the problem to the satisfaction of Toho. E. The obligation of Toho to proceed under this Agreement is conditioned upon the appropriation of funding by Toho’s Board of Supervisors. If the funding anticipated for the fulfillment of this Agreement is, at any time, not forthcoming or otherwise insufficient, Toho shall have the right, in its sole discretion, to terminate or suspend this Agreement without damage, penalty, cost, or expense to Toho of any kind whatsoever. The effective date of any such termination or suspension shall be as specified in Toho’s notice of termination or suspension. Toho shall have the final authority over whether such funding is available. SECTION 7. TERMINATION A. Termination for Convenience. Toho may terminate this Agreement for convenience by providing written notice to the Contractor no fewer than 30 days prior to such termination. In the event of such a termination for convenience by Toho, the Contractor shall be paid for all authorized Services provided before the effective date of termination. No other damages, fees, or costs may be assessed against Toho for its termination of this Agreement for convenience. B. Termination for Cause 1. Immediate Termination. Toho reserves the right to “Immediate Termination” of this Agreement, with such termination to be effectuated as of the Contractor’s receipt of written notice, for any number of the following causes all of which shall constitute a material breach of this Agreement by the Contractor: (a) the amount invoiced by the Contractor exceeds the Not to Exceed Amount; (b) the Contractor files for bankruptcy, becomes insolvent, or is adjudged bankrupt or insolvent by any Court; (c) a receiver of the property of the Contractor is appointed in any proceeding brought by or against the Contractor; (d) the Contractor is determined to be ineligible to do business in the State of Florida; (e) if the Contractor is a non-profit agency, loss by the Contractor of its non-profit status; or (f) as otherwise expressly provided for in this Agreement. 2. Standard Termination for Cause. For breaches of this Agreement for which Immediate Termination does not apply, Toho may terminate this Agreement for cause upon providing written notice to the Contractor no fewer than 5 business days prior to such termination. Such termination for cause may be for any material breach of this Agreement, or if Toho, using its sole discretion, determines that the Contractor is unable to adequately perform under this Agreement. 3. Opportunity to Cure. Without creating an obligation to provide an opportunity to cure or to accept any proposed cure by the Contractor, Toho reserves the right to provide the Page 43 of 54 [Version July 2025] Contractor with the opportunity to cure a stated breach of this Agreement. If Toho decides to provide such an opportunity to cure, it shall: (a) include such opportunity to cure as part of its notice of termination; and (b) provide a deadline deemed appropriate by Toho by which the Contractor must cure or, only if expressly permitted by Toho, submit its proposed cure to Toho. Toho has no obligation whatsoever to accept any proposed cures submitted by the Contractor. 4. Payment in the Event of Termination for Cause. In the event of termination of this Agreement due to the fault of the Contractor, at the written request of the Contractor, Toho shall compensate the Contractor for all authorized Services completed, before the effective date of termination, which has resulted in a usable product or otherwise tangible benefit to Toho. All such payments shall be subject to an offset for any damages incurred by Toho resulting from the Contractor’s breach of this Agreement and any delay occasioned by early termination. No damages, fees, or costs may be assessed against Toho for its termination of this Agreement for cause. 5. In the Event of Wrongful Termination for Cause. If a court of competent jurisdiction determines that this Agreement was wrongfully terminated for cause, then the Contractor’s damages for such termination, if any, shall be the same as if Toho had terminated this Agreement for convenience. C. In the Event of Termination. In the event of termination of this Agreement, whether for convenience or cause, the Contractor shall, unless otherwise expressly provided by Toho in its notice of termination: (1) maintain the same service level at which it was providing the Services prior to its receipt of Toho’s notice of termination; (2) not be permitted to incur any additional obligations or enter into any additional subcontracts to provide the Services; (3) finalize all necessary reports, invoices, and other documentation required under the terms of this Agreement up to the effective date of termination. SECTION 8. INSURANCE A. The Contractor shall procure and maintain the following types of insurance, with the respective limits, and shall provide proof of the same to Toho, in the form of a Certificate of Insurance prior to the start of any work hereunder: 1. Worker’s Compensation: The Contractor shall provide Worker’s Compensation coverage for all employees at the site location and, in the case any work is subcontracted, shall require the subcontractor to provide Worker’s Compensation for all its employees. The limits shall be statutory for Worker’s Compensation and $1,000,000.00 for Employer’s Liability. 2. Commercial General Liability: The Contractor shall provide for all operations including, but not limited to, Contractual and products-Completed Operations. The limits shall not be less than $1,000,000.00. 3. Comprehensive Automobile Liability: The Contractor shall provide coverage for all owned and non-owned vehicles for limits not less than $1,000,000.00. Page 44 of 54 [Version July 2025] 4. Umbrella Liability: The Contractor shall provide an umbrella policy in excess to the coverages provided for in the above paragraphs of not less than $1,000,000.00. B. The Contractor shall name “Toho Water Authority” as a certificate holder and as additional insured, to the extent of the Services to be provided hereunder, on all required insurance policies, except for the Worker’s Compensation policy, and provide Toho with proof of the same. C. The Contractor, and any authorized subcontractor(s), shall provide Toho’s Procurement Division with a Certificate of Insurance evidencing such coverage for the duration of this Agreement. The Certificate of Insurance shall be dated and show: 1. The name of the insured Contractor; 2. The specified job by name and job number; 3. The name of the insurer; 4. The number of the policy; 5. The effective date; 6. The termination date; and 7. A statement that the insurer will mail notice to Toho at least 30 days prior to any material changes in the provisions or cancellation of the policy. D. Receipt of certificates or other documentation of insurance or policies or copies of policies by Toho, or by any of its representatives, which indicates less coverage than is required, does not constitute a waiver of the Contractor’s obligation to fulfill the insurance requirements specified herein. E. The Contractor shall ensure that any subcontractor(s), hired to perform any of the duties contained in the Scope of Services of this Agreement, procure and maintain the same insurance requirements as set forth herein. In addition, the Contractor shall maintain proof of the same on file and made readily available upon request by Toho. SECTION 9. TOHO OBLIGATIONS. At the Contractor’s request, Toho agrees to provide, at no cost to Toho, all pertinent information known to be available to Toho to assist the Contractor in providing and performing the required Services. SECTION 10. DOCUMENTS CONSTITUTING ENTIRE AGREEMENT A. The following documents are hereby incorporated and made part of this Agreement: 1. Exhibit “A” – Solicitation documents IFB-26-008, including all Addendums 2. Exhibit “B” – Response submitted by the Contractor B. In the event of a conflict between the covenants, terms, and/or provisions of this Agreement and Exhibits “A” and “B”, the provisions of the Agreement shall take precedence. Page 45 of 54 [Version July 2025] SECTION 11. APPLICABLE LAW, VENUE, JURY TRIAL A. The laws of the State of Florida shall govern all aspects of this Agreement. In the event it becomes necessary for either Party to initiate legal action regarding this Agreement or the performance of the associated Services, venue shall lie in Osceola County, Florida. The Parties hereby waive their right to trial by jury in any action, proceeding, or claim, arising out of this Agreement, which may be brought by either of the Parties. B. In all respects, this Agreement shall be governed by and construed in accordance with the laws of the State of Florida without giving effect to any choice of law rules thereof that may direct the application of the laws of another jurisdiction. SECTION 12. PUBLIC RECORDS COMPLIANCE A. The Contractor understands that by virtue of this Agreement all of its documents, records, and materials of any kind, relating to the relationship created hereby, shall be open to the public for inspection by Florida law. If the Contractor shall act on behalf of Toho, as provided under section 119.011(2), Florida Statutes, as amended, the Contractor, subject to the terms of section 287.058(1)(c), Florida Statutes, as amended, and any other applicable legal and equitable remedies, shall: 1. Keep and maintain public records that ordinarily and necessarily would be required by Toho in order to perform the Services; and 2. Provide the public with access to public records on the same terms and conditions that Toho would provide the records and at a cost that does not exceed the cost provided by Florida law; and 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and 4. Meet all requirements for retaining public records and transfer, at no cost, to Toho all public records in possession of the Contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirement. All records stored electronically must be provided to Toho in a format that is compatible with the information technology systems of Toho; and 5. If the Contractor does not comply with a public records request, Toho shall enforce the contract provisions in accordance with the Agreement. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE FOLLOWING: RECORDS RETENTION, 951 MARTIN LUTHER KING BLVD. KISSIMMEE, FL 34741, PUBLICRECORDSREQUESTS@TOHOWATER.COM, (407) 483-3822. Page 46 of 54 [Version July 2025] SECTION 13. INDEPENDENT CONTRACTOR. This Agreement does not create an employee/employer relationship between the Parties. It is the Parties’ intention that the Contractor, its employees, subcontractors, representatives, volunteers, and the like, will be an independent contractor and not an employee of Toho for all purposes, including, but not limited to, the application of the following, as amended: the Fair Labor Standards Act minimum wage and overtime payments; the Federal Insurance Contribution Act; the Social Security Act; the Federal Unemployment Tax Act; the provisions of the Internal Revenue Code; the State of Florida revenue and taxation laws; the State of Florida workers’ compensation laws; the State of Florida unemployment insurance laws; and the Florida Retirement System benefits. The Contractor will retain sole and absolute discretion in the judgment of the manner and means of carrying out the Contractor’s activities and responsibilities hereunder. SECTION 14. APPLICABLE LICENSING. The Contractor, at its sole expense, shall obtain all required federal, state, and local licenses, occupational and otherwise, required to successfully provide the Services set forth herein. SECTION 15. COMPLIANCE WITH ALL LAWS. The Contractor, at its sole expense, shall comply with all laws, ordinances, judicial decisions, orders, and regulations of federal, state, Toho, and municipal governments, as well as their respective departments, commissions, boards, and officers, which are in effect at the time of execution of this Agreement or are adopted at any time following the execution of this Agreement. SECTION 16. INDEMNIFICATION. To the fullest extent permitted by law, the Contractor shall defend, indemnify, and hold harmless Toho, its officials, agents, and employees from, and against, any claims, suits, judgments, demands, liabilities, damages, costs, and expenses (including, but not limited to attorneys’ fees, paralegals’ fees, consultants’ fees, and costs at all administrative, pretrial, trial, and appellate levels) of any kind or nature whatsoever, arising directly or indirectly out of or caused, in whole or part, by any act or omission of the Contractor or its subcontractors (if any), anyone directly or indirectly employed by them, or anyone for whose acts any of them may be liable. SECTION 17. SOVEREIGN IMMUNITY. Toho expressly retains all rights, benefits, and immunities of sovereign immunity by section 768.28, Florida Statutes. Notwithstanding anything outlined in any section, article, or paragraph of this Agreement to the contrary, nothing in this Agreement shall be deemed as a waiver of sovereign immunity or limits of liability, which may have been adopted by the Florida Legislature or may be adopted by the Florida Legislature, and the cap on the amount and liability of Toho for damages, attorney fees, and costs, regardless of the number or nature of claims in tort, equity, or contract, shall not exceed the dollar amount set by the Florida Legislature for tort. Nothing in this Agreement shall inure to the benefit of any third party to allow any claim against Toho, which would otherwise be barred under the Doctrine of Sovereign Immunity or operation of law. SECTION 18. BINDING EFFECT. This Agreement shall be binding upon and inure to the benefit of the Parties hereto, their heirs, personal representatives, successors, and/or assigns. SECTION 19. ASSIGNMENT. This Agreement shall only be assignable by the Contractor upon the express written consent of Toho. Page 47 of 54 [Version July 2025] SECTION 20. SEVERABILITY. All clauses found herein shall act independently of each other. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or otherwise unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. SECTION 21. WAIVER. Failure of the Parties to insist upon strict performance of any of the covenants, terms, provisions, or conditions of this Agreement, or to exercise any right or option herein contained, shall not be construed as a waiver or a relinquishment for the future of any such covenant, term, provision, condition, or right of election, but same shall remain in full force and effect. SECTION 22. NOTICE. The Parties hereto agree and understand that written notice, mailed or delivered to the last known mailing address, shall constitute sufficient notice to Toho and the Contractor. All notices required and/or made pursuant to this Agreement to be given to Toho and the Contractor shall be in writing and given by way of the United States Postal Service, first-class mail, postage prepaid, addressed to the following addresses of record: Toho: Tohopekaliga Water Authority Attention: Procurement Services Department 951 Martin Luther King Blvd Kissimmee, Florida 34741 Contractor: Insert Vendor Name Vendor Address Vendor City, State, Zip SECTION 23. MODIFICATION. The covenants, terms, and provisions of this Agreement may be modified by way of a written instrument, mutually accepted by the Parties hereto. In the event of a conflict between the covenants, terms, and/or provisions of this Agreement and any written Amendment(s) hereto, the provisions of the latest executed instrument shall take precedence. SECTION 24. HEADINGS. All headings of the sections, exhibits, and attachments contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit, or change the provisions contained in such sections, exhibits, and attachments. SECTION 25. ADMINISTRATIVE PROVISIONS. In the event Toho issues a purchase order, memorandum, letter, or any other instrument addressing the Services, work, and materials to be provided and performed pursuant to this Agreement, it is hereby specifically agreed and understood that any such purchase order, memorandum, letter, or other instrument is for Toho's internal purposes only, and any and all terms, provisions, and conditions contained therein, whether printed or written, shall in no way modify the covenants, terms, and provisions of this Agreement and shall have no force or effect thereon. SECTION 26. CONFLICT OF INTEREST. The Contractor warrants that the Contractor has not employed or retained any company or person, other than a bona fide employee working solely Page 48 of 54 [Version July 2025] for the Contractor, to solicit or secure this Agreement, and that the Contractor has not paid or agreed to pay any person, company, corporation, individual, or firm any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this Paragraph, Toho shall have the right to terminate this Agreement immediately, without liability and without regard to the notice requirements of Section 7 hereof. SECTION 27. FLORIDA VENDOR ELIGIBILITY A. Public Entity Crimes. Contractor hereby represents, warrants, and certifies that: (a) neither Contractor, nor one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of Contractor, nor any affiliate of the entity, has been charged with and convicted of public entity crime subsequent to July 1, 1989; (b) Contractor has not been placed on any convicted vendor list by the State of Florida and that it will not utilize any funding provided pursuant to this Agreement to subcontract with any vendor that has been placed on any such convicted vendor list; (c) Contractor has read and reviewed the provisions, requirements, and prohibitions of Florida’s Public Entity Crime Act, Section 287.133, Florida Statutes, and hereby affirms its compliance therewith. For the purposes of this provision, the terms “public entity crime”, “convicted”, and “affiliate” shall be as defined in Section 287.133, Florida Statutes. B. Scrutinized Companies 1. Contractor hereby represents, warrants, and certifies that: (i) Contractor is not on Florida’s Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, nor is it engaged in a boycott of Israel; and (ii) Contractor has read and reviewed the provisions, requirements, and prohibitions of Florida’s prohibition against contracting with scrutinized companies, as found in Section 287.135, Florida Statutes, and hereby affirms its compliance therewith. 2. If the value of this Agreement meets or exceeds $1,000,000, then Contractor hereby additionally represents, warrants, and certifies that: (i) Contractor is not on the “Scrutinized Companies with Activities in Sudan List” or the “Scrutinized Companies with Activities in the Iran Terrorism Sectors List”, created pursuant to Section 215.473, Florida Statutes; and (ii) is not engaged in business operations in Cuba or Syria. 3. 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, Toho shall have the option to terminate this Agreement and shall have the right to, notwithstanding anything to the contrary in this Agreement, pursue all remedies available to it in equity and at law. C. Discriminatory Vendors. Contractor hereby represents, warrants, and certifies that entering into this Agreement will not violate Section 287.134, Florida Statutes, which provides that an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, Page 49 of 54 [Version July 2025] subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. D. Anti-Trust Violators. Contractor hereby represents, warrants, and certifies that entering into this Agreement will not violate Section 287.137, Florida Statutes, which provides that a person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply for any new contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply for a new contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on new leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a new contract with a public entity; and may not transact new business with a public entity. E. Countries of Foreign Concern. Contractor hereby represents, warrants, and certifies that entering into this Agreement will not violate Section 287.138, Florida Statutes, which provides that Toho may not enter into a contract with an entity that gives access to an individual’s personal identifying information if the entity is owned, controlled, or organized under the laws of a Foreign Country of Concern which includes: the People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolas Maduro, the Syrian Arab Republic, or any other entity or agency under the significant control of such Foreign Country of Concern. F. Common Carrier. If Contractor meets the definition of “Common Carrier” under Section 908.111, Florida Statutes, then Contractor shall execute an attestation in conformity with Section 92.525, Florida Statutes, that the common carrier or contracted carrier is not willfully providing and will not willfully provide any service during the contract term in furtherance of transporting a person into the State of Florida knowing that the person is an unauthorized alien, except to facilitate the detention, removal, or departure of the person from this state or the United States. Such attestation must be provided to Toho prior to commencement of this Agreement. In accordance with Section 908.111, Florida Statutes, Toho may terminate this Agreement for cause if Contractor is found to be in violation of this provision or its attestation. G. Anti-Human Trafficking. Contractor hereby represents, warrants, and certifies that Contractor does not use coercion for labor or services as defined in Section 787.06, Florida Statutes and that Contractor has provided the affidavit attached hereto within Attachment E, Contractor’s Response, to Toho. SECTION 28. EMPLOYMENT ELIGIBILITY VERIFICATION (E-VERIFY) A. As a condition precedent to entering into this Agreement, and in compliance with section 448.095, Florida Statutes, the Contractor, and its subcontractors shall register with and use the E-Verify system to verify work authorization status of all employees hired after January 1, 2021. B. The Contractor shall require each of its subcontractors to provide the Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with any unauthorized alien. The Contractor shall maintain a copy of the subcontractor’s affidavit as Page 50 of 54 [Version July 2025] part of and pursuant to the records retention requirements of this Agreement. C. The Contractor, or any subcontractor who has a good faith belief that a person or entity with which it is contracting knowingly violated Section 448.09(1), Florida Statutes, or the provisions of this Section, shall terminate the contract with the person or entity. D. Toho, upon good faith belief that a subcontractor knowingly violated the provisions of this Section, but the Contractor otherwise complied, shall promptly notify the Contractor and the Contractor shall immediately terminate the contract with the subcontractor. E. A contract terminated under the provisions of this Section is not a breach of contract and may not be considered as such. Any contractor terminated under the provisions of this Section may be challenged pursuant to section 448.095(2), Florida Statutes. The Contractor acknowledges that upon the termination of this Agreement by Toho for a violation of this Section by the Contractor, the Contractor may not be awarded a public contract for at least one year. The Contractor further acknowledges that the Contractor is liable for any additional costs incurred by Toho as a result of any contract for a violation of this section. F. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in this Section, including this subsection, requiring the subcontractors to include these clauses in any lower-tier subcontracts. The Contractor shall be responsible for compliance by any subcontractor or lower-tier subcontractor with the clauses set forth in this Section. G. Information on registration for and use of the E-Verify program can be obtained via the internet at the Department of Homeland Security website: http://www.dhs.gov/E-verify SECTION 29. JOINT AUTHORSHIP. This Agreement shall be construed as resulting from joint negotiation and authorship. No part of this Agreement shall be construed as the product of any one of the Parties hereto. SECTION 30. EQUAL OPPORTUNITY EMPLOYER. The Contractor is an Equal Opportunity Employer and will comply with all equal opportunity employment laws. The Contractor will further ensure that all subcontractors it utilizes in providing the Services required under this Agreement will comply with all equal opportunity employment laws. SECTION 31. AUDITING, RECORDS, AND INSPECTION. The Contractor shall keep books, records, and accounts of all activities related to the Agreement, in compliance with generally accepted accounting procedures. All books, records, and accounts related to the performance of this Agreement shall be open to inspection during regular business hours by an authorized representative of Toho, and shall be retained by the Contractor for a period of 5 years after termination or completion of the Agreement, or until five years after the full Toho audit is complete, whichever comes later. Toho shall retain the right to audit the books during the applicable retention period. All books, records, and accounts related to the performance of this Agreement shall be subject to the applicable provisions of the Florida Public Records Act, chapter 119, Florida Statutes. Toho also has the right to conduct an audit within 60 days from the effective date of this Agreement to determine whether the Contractor has the ability to fulfill its contractual obligations to the satisfaction of Toho. Toho has the right to terminate this Agreement based upon its findings in this audit without regard to the termination provision set forth herein. Page 51 of 54 [Version July 2025] SECTION 32. PROJECT MANAGERS. Toho and the Contractor have identified the individuals listed below as Project Managers who shall have the responsibility for managing the work performed under this Agreement. The person or individual identified by the Contractor to serve as its Project Manager for this Agreement, or any replacement thereof, is subject to prior written approval and acceptance by Toho. If Toho or Contractor replace their current Project Manager with another individual, an amendment to this Agreement shall not be required. Toho will notify the Contractor, in writing, if the current Toho Project Manager is replaced by another individual. A. Toho Project Manager’s contact information is as follows: Steven Hollingsed – Environmental Supervisor Toho Water Authority (407) 483-3384 Email:shollingsed@Tohowater.com B. The Contractor Project Manager’s contact information is as follows: Project Manager Name and Title Vendor Company Name Vendor Address City, State, Zip Phone Number: Email: SECTION 33. SIGNATORY. Each signatory below represents and warrants that he or she has the full power and is duly authorized by their respective Party, to enter into and perform under this Agreement. Such signatory further represents that he or she has fully reviewed and understands the terms and conditions set forth in this Agreement, including attachments, and fully intends to abide by and comply with all of the terms and conditions set forth herein. SECTION 34. ELECTRONIC TRANSACTIONS, AND ELECTRONIC SIGNATURES. In accordance with Parts I and II of Chapter 668, Florida Statutes, the Parties agree that this Agreement may be created, generated, sent, communicated, received, or stored by electronic means and that electronic signatures may be used in the execution of this Agreement with the same force and effect as written signatures. Each Party shall provide any information reasonably necessary to confirm the identity and authority of the person signing this Agreement on behalf of the Party. The Parties agree that once fully executed, this Agreement will be stored by Toho as an electronic record and delivered by email transmission to the Parties at the email addresses set forth herein. SECTION 35. PURCHASES OF GOODS. To the extent that this agreement involves the purchase of goods by Toho from the Contractor, the following terms apply: A. Quality. All materials or services furnished must be as specified and subject to Toho inspection after delivery at destination. Variations in materials or services from those specified in this Agreement must not be made without prior written authority from Toho’s Procurement Director. Material rejected will be returned and shall be done so at the Contractor's sole risk Page 52 of 54 [Version July 2025] and expense. B. Quantity/Price. The quantity of materials ordered and/or the prices specified must not be exceeded without written authority from Toho’s Procurement Director. C. Patent/Copyright Hold Harmless. The Contractor shall pay all royalties and assume all costs arising from the use of any invention, design, process, materials, equipment, product, or device which is the subject of patent rights or copyrights. The Contractor shall at its own expense, hold harmless and defend Toho against any claim, suit or proceeding brought against Toho which is based upon claim, whether rightful or otherwise, that the goods or services or any part thereof, furnished under this Agreement constitute an infringement of any patent or copyright of the United States. The Contractor shall pay all damages and costs awarded against Toho to include legal fees. D. Packing. If awarded an Agreement, invoices and package lists must clearly be marked with shipper's name, address, Agreement Number, and Purchase Order Number (if applicable). Charges are not allowed for boxing, crating, or special deliveries unless previously agreed upon in writing. E. Delivery. All goods and other materials must be shipped F.O.B. Destination with transportation charges prepaid. If Toho agrees in writing, freight charges may be prepaid by the Contractor and listed on the invoice; however, the Contractor retains title and assumes all responsibility, liability, and risk in transit and shall be responsible for the filing of claims for loss or damages. Toho reserves the right to cancel this order and purchase elsewhere if the Contractor fails to meet the delivery date specified in the Agreement (or Purchase Order, if applicable). Deliveries shall be made between 7:00a.m. and 3:30p.m. Monday through Friday, excluding holidays, unless otherwise stipulated. F. Safety Data Sheet. As necessary, the Contractor agrees to furnish Toho with a current Material Safety Data Sheet (“SDS”) on or before delivery of each and every hazardous chemical or substance purchased which is classified as toxic under Chapter 422, Florida Statutes. Appropriate labels and MSDSs shall be provided for all shipments. G. OSHA Requirement. The Contractor hereby guarantees Toho that all materials, supplies, and equipment as listed in the Agreement (or on the resulting Purchase Order, if applicable) shall meet the requirements, specifications, and standards as provided under the U.S. Department of Labor Occupational Safety and Health Act of 1970 as from time to time amended and in force at date thereof. H. Inspection/Acceptance. All goods and/or services provided through this Agreement are subject to inspection and acceptance upon receipt or completion by an authorized representative of Toho. Payment shall not be authorized until the goods and/or services have been received, accepted, and properly invoiced. I. Warranty. The Contractor agrees to provide a full warranty to Toho for all good and materials which it provides hereunder for a minimum of one full year following the date of delivery or completion of services. In the event that the Contractor is called to perform warranty work, the Contractor will be responsible for all costs incurred in repairing the areas under warranty. The manufacturer's warranty on materials received and installed shall extend for the full warranty period. Page 53 of 54 [Version July 2025] J. Default. In the case of default by the Contractor or failure to deliver the supplies or services ordered by the time specified, Toho after due notice (oral or in writing), may procure them from other sources and hold vendor responsible for any excess cost occasioned thereby. K. Variation in Quantity. Toho assumes no liability for material produced, processed, or shipped in excess of the amount specified herein. SECTION 36. ENTIRE AGREEMENT. This Agreement, and any documents incorporated, referenced, or attached hereto, sets forth and constitutes the entire agreement and understanding of the Parties with respect its subject matter. In regard to such subject matter, this Agreement supersedes any and all prior agreements, negotiations, correspondence, undertakings, promises, covenants, arrangements, communications, representations, and warranties, whether oral or written, of either of the Parties. [SIGNATURES ON FOLLOWING PAGE] Page 54 of 54 [Version July 2025] IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates set forth below. INSERT VENDOR NAME TOHOPEKALIGA WATER AUTHORITY By: By: Print Name: Print Name: Title: Title: Date: Date: Attest: Attest: Print Name: Print Name: Title: Title: Address: Address: 951 Martin Luther King Blvd. Kissimmee, Florida 34741 Date: Date: STATE OF _____________________________ COUNTY OF ___________________________ The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization, this _______ day of __________________, 2025, by ____________________ as ____________________ of INSERT VENDOR NAME., INSERT SUNBIZ ENTITY TYPE, on behalf of the company, who [ ] is personally known to me OR [ ] has produced _______________, as identification. _______________________________________ Notary Signature Printed Name: ___________________________ My Commission No.: ______________________ My Commission Expires: ___________________ (Stamp)