BAY COUNTY BOARD OF COUNTY COMMISSIONERS

PURCHASING DEPARTMENT

840 WEST 11th STREET

SUITE 2500

PANAMA CITY, FLORIDA 32401

INVITATION TO BID

WATER TREATMENT PLANT (WTP) RESILIENCY PROJECT ADDITIONAL

FILTERS

THIS BID MAY BE SUBMITTED ELECTRONICALLY THROUGH OPENGOV

PROCUREMENT

THOSE BIDDERS WISHING TO SUBMIT A PAPER BID MAY CONTACT THE

PURCHASING DEPARTMENT

ITB No. 26-35

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TABLE OF CONTENTS

INSTRUCTIONS TO BIDDERS

INTRODUCTION

QUALIFICATIONS

MANDATORY PRE-BID MEETING

BID DEADLINE/DELIVERY

BID DOCUMENTS

POINT OF CONTACT

QUESTIONS

ADDENDA

BID FORM

BONDS

COMPLETE BID AMOUNTS; EXAMINATIONS OF SPECs; WORK SITES

WITHDRAWAL OF BIDS

CANCELLATION

BASIS OF AWARD

RIGHT TO REJECT

EXECUTION OF AGREEMENT

LICENSING

GENERAL TERMS

UNIQUE ENTITY IDENTIFIER (UEI)

PUBLIC RECORDS

EXEMPTION OF MEETINGS/PRESENTATIONS

REPRESENTATIONS

WARRANTY

SUBCONTRACTORS

MINORITY/WOMEN BUSINESS ENTERPRISE PARTICIPATION – GOOD FAITH

EFFORTS

SCRUTINIZED COMPANIES

DIRECT PURCHASE

BID PROTEST

DAVIS-BACON AND RELATED REQUIREMENTS

AMERICAN IRON AND STEEL REQUIREMENT

BUILD AMERICA, BUY AMERICA PROVISION

ANTICIPATED SCHEDULE

BID CHECKLIST

ATTACHMENT 1 REQUIRED FORMS

ATTACHMENT 2 SAMPLE CONTRACT 26-35

EXHIBIT 1 GENERAL TERMS AND CONDITIONS

EXHIBIT 2 BARGE DESIGN SOLUTIONS SPECIFICATIONS

EXHIBIT 3 VENDOR’S RESPONSE TO ITB 26-35

EXHIBIT 4 FDEP SUPPLEMENTAL CONDITIONS

EXHIBIT 5 FDEP DRINKING WATER STATE REVOLVING FUND LOAN

EXHIBIT 6 BAY COUNTY INSURANCE REQUIREMENTS

EXHIBIT 7 PUBLIC CONSTRUCTION BOND

EXHIBIT 8 OWNER DIRECT PURCHASE PURCHASE INSTRUCTIONS

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INSTRUCTIONS TO BIDDERS

Some of the instructions below may not apply to all projects.

The scope of work/specifications shall control any conflicting provisions

INTRODUCTION

The Bay County Board of County Commissioners (County) seeks bids from qualified vendors to build three (3) additional sand gravity type filters at the Water Treatment Plant located at 3400 Transmitter Road, Panama City, FL 32404. Work shall be completed in accordance with the Barge Design Solutions Specifications included as Exhibit 2.

Funding for the project may be made possible through the Florida Department of Environmental Protection (FDEP) through the State Revolving Fund (SRF) Program and is contingent on strict conformance to the guidelines set forth by FDEP and the EPA.

Respondents shall comply with the FDEP Supplementary Conditions and the labor standards clauses shown at Exhibit 4.

QUALIFICATIONS

Vendors shall be Florida licensed General Contractor. Sub-Contractors shall be Florida licensed in applicable trades. Vendors shall identify subcontractors that are providing services requiring a license under Florida law. Bids may be deemed nonresponsive if not accompanied by proof of any applicable State of Florida license.

MANDATORY PRE-BID MEETING

A MANDATORY Pre-Bid Meeting will be held at 10:00 a.m. (CDT), Wednesday, May 13, May 12, 2026 in the Board of County Commissioners Purchasing Department, at 840 W. 11th Street, Suite 2500, Panama City, Florida 32401.

Note: Respondents shall attend the pre-bid meeting. Any respondent who fails to attend will be deemed non-responsive and automatically disqualified from further consideration.

The purpose of this meeting is to familiarize respondents with the project and answer questions. All respondents must be present and signed in prior to the start of the Mandatory Pre-Bid Meeting. The convener of the meeting will collect the sign in sheet(s) and the meeting will “Officially” start. Anyone not signed in at the “Official” start of the meeting will be considered late and will not be allowed to propose on the project. Please allow 10 to 15 minutes to sign in prior to the start of the Mandatory Pre-Bid Meeting.

In the event that any discussions or questions at the pre-bid meeting or afterward require additional clarification the COUNTY will issue a written summary of questions and answers as an addendum to this Invitation to Bid.

BID DEADLINE/DELIVERY

ELECTRONIC OR SEALED PAPER BIDS for ITB NO: 26-35 Water Treatment Plant (WTP) Resiliency Project Additional Filters will be received by the BOARD OF COUNTY COMMISSIONERS OF BAY COUNTY, FLORIDA up until 2:00 pm (CDT) Thursday, June 4, 2026. Bids will be publicly opened immediately following the deadline.

ANY BID RECEIVED AFTER THE SPECIFIED TIME WILL NOT BE CONSIDERED.

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Bids for this solicitation may be submitted either electronically via OPENGOV PROCUREMENT or by paper, sealed and delivered to the Board of County Commissioners Purchasing Department, at 840 W. 11th Street, Suite 2500, Panama City, Florida 32401.

Bidders electing to submit paper bids should submit one (1) original bid package.

Bids shall be enclosed in a sealed envelope bearing the title of the work, the name of the bidder, and the date for opening. It is the sole responsibility of the bidder to ensure that the bid is received on time.

Each bid shall be valid to Bay County for a period of ninety (90) days after the bid opening.

The County will check the bids and notify the selected bidder at the earliest opportunity.

Special Accommodation: Any person requiring a special accommodation at a Pre-Bid Conference or Bid opening because of a disability should call the Purchasing Department at (850) 248-8270 at least five (5) workdays prior to the Pre-Bid Conference or Bid opening. For Hearing Impaired, Dial 1-800-955-8771 (TOO), and 1-800-955-8770 (Voice).

BID DOCUMENTS

Electronic versions of the solicitation documents are available via OpenGov

Procurement https://procurement.opengov.com/portal/baycountyfl

Bid documents, plans, blueprints, or other materials may also be obtained by contacting the Bay County Purchasing Department, purchasing@baycountyfl.gov, 840 West 11th

Street, Suite 2500, Panama City, FL 32401, (850) 248-8270.

For those projects with separate plans, blueprints, or other materials that cannot be accessed through the internet, the Purchasing Department will make a good faith effort to ensure that all registered bidders (those who have been registered as receiving a bid package) receive the documents.

POINT OF CONTACT

The County Purchasing Department will be the only point of contact for this ITB. Under no circumstances may a bidder contact any County Commissioner, County Administrator, or County employee concerning this ITB until after award. Any such contact may result in disqualification as per Bay County Code Section 2-124.

QUESTIONS

Bidders shall submit all questions, in writing, to the Purchasing Department via OpenGov portal or email Purchasing@baycountyfl.gov. All questions shall be submitted no later than 5:00 pm (CDT) on Monday, May 25, 2026.

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ADDENDA

If any addenda are issued after the initial specifications are released, the County will post the addenda on the County website and OpenGov. It is the responsibility of the bidder prior to submission of any bid to check the above website or contact the Purchasing Department to verify any addenda issued. The receipt of all addenda must be acknowledged on the addenda response sheet.

BID FORM

To receive consideration, all bids shall be made on the forms provided, properly executed and with all items filled out. Do not change the wording of the Bid Form and do not add words to the wording of the Bid Form. No conditions, limitations or provisions will be attached or added to the Bid Form or other bid documents by the bidder.

No bidder shall be permitted to correct a bid mistake after bid opening that would cause such bidder to have the low bid, except for the correction of errors in extension of unit prices in the bids. In such cases, the unit price bid shall not be changed and shall prevail.

BONDS

A Bid Bond, in the amount of 5% of the proposed base bid contract amount, shall accompany each bid. A scanned copy may be submitted with the e-bid. The successful bidder’s security will be retained until the contract has been signed and the bidder has furnished the required Public Construction Bond. The County reserves the right to retain the security of the next bidder until the selected bidder enters into contract or until 90 days after bid opening, whichever is shorter. All other bid security will be returned as soon as practicable.

COMPLETE BID AMOUNTS; EXAMINATIONS OF SPECIFICATIONS; WORK SITES

Bids shall be on the basis of unit price and shall be compensation in full for the complete work. The unit prices shall include all charges for completing the work and include layout, insurance, taxes, field office and supervision, overhead and profit, permits, impact fees, bonds, and miscellaneous items needed to complete the bid. All prospective firms may visit the site and become familiar with the existing conditions. No allowance will be made to any bidder because of a claimed lack of examination or knowledge. The submission of a bid shall be construed as conclusive evidence that the bidder has made such examination.

WITHDRAWAL OF BIDS

Any bidder may withdraw his bid, either personally or by written request, at any time prior to the scheduled time for opening bids. No bidder may withdraw his bid for a period of 90 days after the date for opening and all bids shall be subject to acceptance by the County during this period.

CANCELLATION

The County may cancel this ITB, or reject in whole or in part, when it is in the best interests of the County, as determined by the Board of County Commissioners. Notice of cancellation shall be posted on OpenGov and the County website. The notice shall identify the

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BASIS OF AWARD

The contract will be awarded to the lowest, responsive, responsible bidder who has proposed the lowest qualified Lump Sum Price and is deemed qualified by Bay County, subject to the County’s right to reject any or all bids and to waive informality and irregularity in the proposals and proposing. THE SELECTION OF THE PROJECT WILL

BE BASED ON THE ORIGINAL DESIGN PROPOSED IN THE BID DOCUMENTS

UNDER THE BASE BID, WITH CONSIDERATION OF THE ALTERNATIVE PRICE

DEDUCTION PROVIDED.

RIGHT TO REJECT

In accordance with section 2-113 of the Bay County Code, the County reserves the right to:

a. reject any or all submittals received;

b. select and award any portion of any or all submittal items;

c. waive minor informalities and irregularities in the bidder’s submittal.

A bid may be rejected if it is non-responsive or does not conform to the requirements and instructions in this ITB. A bid may be non-responsive by reasons, including, but not limited to, failure to utilize or complete prescribed forms, conditional bids, incomplete bids, indefinite or ambiguous bids, failure to meet deadlines and improper and/or undated signatures. Other conditions which may cause rejection of bids include evidence of collusion, obvious lack of experience or expertise to perform the required work, submission of more than one bid for the same work from an individual, bidder or corporation under the same or a different name, and/or failure to perform or meet financial obligations on previous contracts. Bids may be rejected if not delivered on or before the date and time specified as the due date for submission of the bid.

EXECUTION OF AGREEMENT

The successful bidder shall, within 10 days after receipt of the Notice of Award and the contract forms or documents, sign and deliver to the County Chief Procurement Officer all required contract documents in form and substance approved by the County. The vendor shall also deliver any required bonds and certificates of insurance as required. All bonds and certificates of insurance shall be approved by the Bay County Risk Management Office before the successful bidder may proceed with the work.

Neither the Notice of Award nor the execution of the required contract documents by the Vendor create any rights in the bidder. The bidder has no rights with respect to the award of the contract until a fully executed contract is signed by all required parties and all insurance policies and other required deliverables are provided and approved by the County.

The execution of the contract shall be contingent upon the securing of all applicable permits from Bay County Builders Services Department:

https://www.baycountyfl.gov/154/Builders-Services

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LICENSING

Bidder shall be properly licensed for the appropriate work specified in this Invitation to Bid. All bidders are requested to submit any required license(s) with their bids. License(s) must be effective as of the bid opening date and must be maintained throughout the contract period. Failure to be properly licensed as stated above will result in the rejection of the bid as nonresponsive.

GENERAL TERMS

Companies that are required to register with the State of Florida Division of Corporations as a domestic or foreign business entity should provide evidence of their registration.

UNIQUE ENTITY IDENTIFIER (UEI)

A number issued by the System for Award Management (SAM) to identify businesses and other entities that do business with the federal government. The UEI has replaced the DUNS number as the authorized identifier for the federal government. All vendors shall obtain a Unique Entity Identifier (UEI) from SAM.gov.

Note: Vendors are required to register with SAM.Gov, which will provide the UEI.

PUBLIC RECORDS

In accordance with Chapter 119 of the Florida Statutes (Public Records Law) and except as may be provided by other applicable State or Federal Law, all bidders should be aware that bids, responses, and proposals are in the public domain. Bidders must identify specifically any information contained in their response which they consider confidential and/or proprietary and which they believe to be exempt from disclosure, citing specifically the applicable exempting law.

Sealed bids, proposals, or replies received by an agency pursuant to a competitive solicitation are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever is earlier.

EXEMPTION OF MEETINGS/PRESENTATIONS

Pursuant to Florida Statute section 286.0113(2), any portion of a meeting at which a negotiation with a vendor is conducted pursuant to a competitive solicitation, at which a vendor makes an oral presentation as part of a competitive solicitation, or at which a vendor answers questions as part of a competitive solicitation is exempt from public meeting requirements. However, the County must make a complete recording of any portion of an exempt meeting and no portion of the exempt meeting may be held off the record. The recording of, and any records presented at, the exempt meeting are exempt from the public records law of section 119.07(1), Fla. Stat. (2015) and section 24(a), Art.

I of the State Constitution, until such time as the agency provides notice of an intended decision or until 30 days after opening the bids, submittals, or final replies, whichever occurs earlier. If the County rejects all bids, submittals, or replies and concurrently provides notice of its intent to reissue a competitive solicitation, the recording and any records presented at the exempt meeting remain exempt from section 119.07(1), Fla.

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Stat. (2015) and section 24(a), Art. I of the State Constitution until such time as the agency provides notice of an intended decision concerning the reissued competitive solicitation or until the agency withdraws the reissued competitive solicitation. A recording and any records presented at an exempt meeting are not exempt for longer than 12 months after the initial agency notice rejecting all bids, submittals, or replies.

REPRESENTATIONS

The contract documents contain the provisions required for the project. Information obtained from an office, Director, or employee of the County or any other person shall not affect the risks or obligations assumed by the bidder or relieve the bidder from fulfilling any of the conditions of the contract.

WARRANTY

All goods and services furnished by bidder, relating to and pursuant to this ITB, will be warranted to meet or exceed the specifications contained herein. In the event of breach, the bidder will take all necessary action, at bidder’s expense, to correct such breach in the most expeditious manner possible.

SUBCONTRACTORS

The successful bidder will be the prime service provider and shall be responsible for all work performed and contract deliverables. Proposed use of subcontracts should be included in the bidder’s response. Requests for use of subcontractors received subsequent to the solicitation process are subject to review and approval by the County.

The County reserves the right to request and review information in conjunction with its determination regarding a subcontract request. All subcontractors are subject to the same requirements of this solicitation as the successful bidder.

MINORITY/WOMEN BUSINESS ENTERPRISE PARTICIPATION – GOOD FAITH

EFFORTS

The Department supports the participation of Minority Business Enterprises (MBE) and Women Business Enterprises (WBE) in all contracting opportunities. The apparent lowest, responsive, and responsible Bidder shall, upon request, provide documentation demonstrating that good faith efforts were undertaken to solicit participation from certified MBE/WBE firms.

SCRUTINIZED COMPANIES

Respondent must certify that the company is not participating in a boycott of Israel.

Respondent must also certify that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria. Subject to limited exceptions provided in state law, the County will not contract for the provision of goods or services with any scrutinized company referred to above.

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Respondent must submit the certification that is attached to this solicitation. Submitting a false certification shall be deemed a material breach of contract. The County shall provide notice, in writing, to the Contractor of the County's determination concerning the false certification. The Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, the Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the County's determination of false certification was made in error then the County shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time.

PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL, OR IDEOLOGICAL

INTEREST IN GOVERNMENT CONTRACTING

Bidders are hereby notified of the provisions of section 287.05701, Florida Statutes, as amended, that the County will not request documentation of or consider a Bidder's social, political, or ideological interests when determining if the Bidder is a responsible Bidder. Bidders are further notified that the County’s governing body may not give preference to a Bidder based on the Bidder's social, political, or ideological interests.

DIRECT PURCHASE

The County has determined that this project may be subject to certain sales tax exemptions pursuant to section 212.08(6), Fla. Stat. (2010). The Owner Direct Purchase Supplementary Conditions, EXHIBIT 6, is intended to inform the Vendor of the requirements of the statute and the County’s procedures. The Awarded Vendor(s) will compile a list of all purchases for this project that have an estimated cost over $10,000.00.

After review of bid submittals, the County will determine if it is in the best interest of the County to utilize owner direct purchase.

BID PROTEST

A notice of protest must be submitted in accordance with section 2-114 of the Bay County Code, as amended from time to time. If a party intends to initiate such an action, it must electronically notify the Chief Procurement Officer and the County Attorney no later than one business day after notice of the awarding authority’s decision.

DAVIS-BACON AND RELATED REQUIREMENTS

IAW FDEP Supplemental Conditions Appendix B in Exhibit 4, the Davis-Bacon is applicable to this solicitation. General Decision Number: FL20260105 01/02/2026 is hereby incorporated in this solicitation and contract.

AMERICAN IRON AND STEEL REQUIREMENT

IAW FDEP Supplemental Conditions Article 15 in Exhibit 4, the vendor shall be in compliance with the American Iron and Steel requirement as provided in Appendix C.

Signing Appendix A certifies compliance with these provisions.

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BUILD AMERICA, BUY AMERICA PROVISION

IAW FDEP Supplemental Conditions Article 17 in Exhibit 4, the vendor shall comply with The Build America, Buy America provision in Appendix D. Signing Appendix A certifies compliance with the Build America, Buy America provision.

ANTICIPATED SCHEDULE

This schedule may be altered solely at the County’s discretion:

ITB Advertisement Friday, May 1, 2026 Pre-Bid Meeting Wednesday, May 13, 2026 Questions Due Date Monday, May 25, 2026 Bid Deadline Thursday, June 4, 2026 Board Meeting for recommended award Tuesday, June 16, 2026

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BID CHECKLIST

The checklist is provided as a courtesy and may not be all inclusive of items required within this invitation to bids.

The following bid forms may be submitted electronically through OpenGov. Bidders submitting paper bids may download all documents from the Purchasing Department’s Opengov Procurement page: https://procurement.opengov.com/portal/baycountyfl

BID FORM

ADDENDUM ACKNOWLEDGEMENT

AFFIDAVIT OF COMPLIANCE WITH SECTION 287.138, FLORIDA STATUTES,

CONTRACTING WITH FOREIGN ENTITIES OF CONCERN

AFFIDAVIT OF COMPLIANCE WITH SECTION 787.06, FLORIDA STATUTES,

HUMAN TRAFFICKING ATTESTATION

ANTI-COLLUSION CLAUSE

CERTIFICATION REGARDING SCRUTINIZED COMPANIES LIST

CONFLICT OF INTEREST DISCLOSURE FORM

DRUG FREE WORKPLACE

SUB-CONTRACTORS

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND

VOLUNTARY EXCLUSION

APPENDIX A, 44 C.F.R. PART 18-CERTIFICATION REGARDING LOBBYING

FLORIDA TRENCH SAFETY ACT CERTIFICATION AND DISCLOSURE

STATEMENT

DIRECT PURCHASE LIST OF MATERIALS/EQUIPMENT

UNIQUE ENTITY IDENTIFIER (UEI)

LICENSE AND CERTIFICATION AS REQUIRED

APPENDIX A TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL

PROTECTION SUPPLEMENTARY CONDITIONS CERTIFICATION OF

COMPLIANCE

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ATTACHMENT 1

REQUIRED FORMS

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BID FORM

ITB NO: 26-35

This proposal of , hereinafter called “BIDDER,” organized and existing under the laws of the State of doing business as (Insert “a corporation”, “a partnership” or “an individual” as applicable), is hereby submitted to the Board of County Commissioners, Bay County, hereinafter called “OWNER.”

In compliance with the Advertisement for Bids, BIDDER hereby proposes to perform all work, as detailed in this bid.

By submission of this BID, each Bidder certifies, and in the case of a joint BID each party thereto certifies as to its own organization, that this BID has been arrived at independently, without consultation, communication or agreement as to any matter relating to this BID with any other BIDDER or with any other competitor.

Vendor agrees to perform the entire work as indicated on the drawings and in compliance with the Contract Documents and Specifications, complete in every detail.

The Lump Sum Price is:

(Words)

Submitted By:

Name of Firm/Vendor Submitting This Bid

Bid Prepared By:

Name of Individual Who Prepared This Bid

Contact Email:

Address:

Phone:

Contractor’s License No. (if applicable)

Vendor’s Unique Entity Identifier (UEI) No. ______________________________

Signature of Authorized Representative of Firm/Vendor Date

SEAL: (If bid is by Corporation)

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BID FORM (Con’t)

Item No.

Description Estimated

Qty.

Unit Unit Price Total Price

1.

Furnishing all products, materials and equipment and performing all labor necessary to complete and put into operation the Bay County Water Treatment Plant Resiliency Project - Additional Filters, including all work shown on the Drawings and/or specified and not included in Items 2 through 5 below, the total amount of:

Lump Sum

2. Cash Allowances

a. Soils and Concrete Testing ALLOWANCE $ 50,000.00

b. Construction Verification Surveying ALLOWANCE $ 10,000.00

c. Owner’s Contingency ALLOWANCE $ 50,000.00

Florida Trench Safety Act Compliance1

3.

Bidder acknowledges that the Trench Safety Act will be in effect for trench excavations that exceed 5 feet in depth and the costs for complying with the Florida Trench Safety Act are included in unit cost bid items and the total bid price as summarized below:

a. $ $

b. $ $

c. $ $

* * * Additional Work If Ordered By The Engineer * * *

4.

Removal of Unsuitable Material and Replacement with

a. Crushed Stone 250 CY $ $

b. Suitable Earth Material 500 CY $ $

5.

Helical Pulldown Micropile, adjustment for actual length installed vs. Base Bid of 25 vertical feet each (plus or minus).

500 VF $ $

1. List each trench safety measure separately with the Description, Quantity, Unit of Measure, Unit Price, and Total Price for each line item included in the Bid.

BASE BID TOTAL, ITEMS 1 THROUGH 5, INCLUSIVE, THE AMOUNT OF

DOLLARS ($ ).

Bidder acknowledges Unit Prices have been determined in accordance with the General Conditions.

Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of

Bids, and final payment for all Unit Price Bid items will be based on actual quantities, determined as provided in the

Contract Documents.

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BID FORM (Con’t)

DEDUCT ALTERNATE FOR FOUNDATION SYSTEM

Description of Deduct Alternate:

The Contractor shall submit an alternative deduct in the amount of $________________________ for the deletion of the helical pile foundation system included in design under the base bid and its replacement with a conventional cast-in-place concrete foundation system. This alternate includes, but is not limited to, the following scope of work:

Excavation to the required bearing elevation in accordance with project requirements. Dewatering will be required.

Over-excavation and re-compaction as specified by the project geotechnical report

Furnishing and installing spread footings and/or continuous strip footings

Providing all necessary formwork for the foundation system

Supplying and installing reinforcing steel, anchor bolts, and required embeds

Placing and finishing cast-in-place concrete footings and foundation walls

Applying damp-proofing or waterproofing, as required by the project documents

Installing perimeter drain tile, if specified in the contract documents

Backfilling and compacting excavated areas as necessary

Performing all required soil and material testing to confirm compliance

Engineering Requirements:

The design for the conventional cast-in-place concrete foundation system shall be prepared, signed, and sealed by a licensed professional engineer registered in the State of Florida. In addition, supplemental Standard Penetration Test (SPT) borings shall be conducted at the project site, as needed, to provide adequate subsurface information for engineering analysis and to ensure the foundation design meets project requirements. The signed and sealed design will be submitted for review early during the shop drawing process.

THE SELECTION OF THE PROJECT WILL BE BASED ON THE ORIGINAL DESIGN

PROPOSED IN THE BID DOCUMENTS UNDER THE BASE BID, WITH CONSIDERATION

OF THE ALTERNATIVE PRICE DEDUCTION PROVIDED.

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ADDENDUM ACKNOWLEDGEMENT

I acknowledge receipt of the following addenda:

ADDENDUM NO. DATED

ADDENDUM NO. DATED

Name of Firm:

Authorized Signature:

Printed Name:

Title:

Date:

It is the responsibility of the firm to ensure that they have received addendums if issued.

Call (850) 248-8270 or email Purchasing@baycountyfl.gov prior to submitting your bid to ensure that you have received addendums.

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AFFIDAVIT OF COMPLIANCE WITH SECTION 287.138, FLORIDA STATUTES,

CONTRACTING WITH FOREIGN ENTITIES OF CONCERN

Before me, the undersigned authority, personally appeared (Name of Affiant)

_______________ ____________________, who, after being first duly sworn, deposes and says of his or her personal knowledge the following:

1. Affiant is the (Title) ___________________________ of (Business Name)

_________________________________ which does business in the State of Florida, hereinafter called the “Nongovernmental Entity.”

2. Nongovernmental Entity, pursuant to § 287.138, Florida Statues, certifies that (1)

Nongovernmental Entity is not owned by a government of a foreign country of concern; (2) a government of a foreign country of concern does not have a “controlling interest” in Nongovernmental Entity, as defined by Section 287.138(1)(a), Florida Statutes; and (3) Nongovernmental Entity is not organized under the law of nor has its principal place of business in a foreign country of concern. For the purposes of this affidavit, foreign country of concern means 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 Nicolás Maduro, or the Syrian Arab Republic, including any agency of or any other entity of significant control of such foreign country of concern, as defined in § 287.138(1)(c), Florida Statutes.

3. This Affidavit is executed by the Nongovernmental Entity accordance with § 287.138, Florida Statutes, for the purposes of preventing Bay County, Florida, from entering contracts with foreign entities of concern which would provide Nongovernmental Entity access to an individual’s personal identifying information.

Signed and Delivered on this _____ day of __________, 2026.

Signature of Affiant Printed Name of Affiant

STATE OF__________________

COUNTY OF________________________

Sworn to (or affirmed) and subscribed before me by means of □ physical presence or □ online notarization, this ______ day of _____________, 2026, by ___________________________.

Personally Known OR Produced Identification Type of Identification Produced________ __ ____________________________ (Notary Signature)

(SEAL)

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AFFIDAVIT OF COMPLIANCE WITH SECTION 787.06, FLORIDA STATUTES,

HUMAN TRAFFICKING ATTESTATION

Before me, the undersigned authority, personally appeared (Name of Affiant) _________________________________, who, after being first duly sworn, deposes and says of his or her personal knowledge the following:

1. Affiant is the (Title) ______________________________ of (Business Name) __________________________________ which does business in the State of Florida, hereinafter called the “Nongovernmental Entity.”

2. Nongovernmental Entity, pursuant to § 787.06(13), Florida Statues, certifies that 1) neither Nongovernmental Entity nor any of its subsidiaries or affiliates uses coercion for labor or services, as terms are defined in § 787.06, Fla. Stat., as may be amended from time to time; (2) Nongovernmental Entity will immediately notify Bay County, Florida, if, at any time in the future, Nongovernmental Entity does use coercion for labor or services, and understands that pursuant to such notification no contracts may be executed, renewed, or extended between the parties; and (3) Nongovernmental Entity has read the foregoing attestation, confirms the facts stated in it are true, ad are made for the benefit of, and reliance by, Bay County, Florida.

Signed and Delivered on this _____ day of __________, 2026.

Signature of Affiant Printed Name of Affiant

STATE OF ___________

COUNTY OF ______________

Sworn to (or affirmed) and subscribed before me by means of □ physical presence or □ online notarization, this ____ day of _____________, 2026, by ___________________.

Personally Known OR Produced Identification

Type of Identification Produced______ _______________________________ (Notary Signature)

(SEAL)

26-35 Water Treatment Plant (WTP) Resiliency Project Additional Filters Page 18 of 1045

ANTI-COLLUSION CLAUSE

Firm certifies that their response is made without prior understanding, agreement or connection with any Corporation, Firm or person submitting a response for the same services and is in all respects fair and without collusion or fraud.

Printed Name:

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CERTIFICATION REGARDING SCRUTINIZED COMPANIES LIST

Respondent Vendor Name:

Vendor FEIN:

Vendor's Authorized Representative Name and Title:

Address:

City: State: ZIP:

Phone Number:

Email Address:

Section 287.135, Florida Statutes prohibits agencies from contracting with companies, for goods or services over $1,000,000, that are participating in a boycott of Israel, are on the Scrutinized Companies that Boycott Israel list, the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria.

Both lists are created pursuant to Section 215.473, Florida Statutes.

As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the sector entitled "Respondent Vendor Name" is not participating in a boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, the Scrutinized Companies with Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List and has not been engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of false certification may subject company to civil penalties, attorney's fees, and/or costs.

Certified By:

AUTHORIZED SIGNATURE

Print Name and Title:

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CONFLICT OF INTEREST DISCLOSURE FORM

For purposes of determining any possible conflict of interest, all firms, must disclose if any Bay County Board of County Commissioner(s), employee(s), elected officials(s), or any of its agencies is also an owner, corporate officer, agency, employee, etc., of their firm.

Indicate either “yes” (a county employee, elected official, or agency is also associated with your firm), or “no”. If yes, give person(s) name(s) and position(s) with your firm.

YES NO

NAME(S) POSITION(S)

Printed Name:

26-35 Water Treatment Plant (WTP) Resiliency Project Additional Filters Page 21 of 1045

DRUG FREE WORKPLACE

To have a drug-free workplace program, a business shall:

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 Proposal 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 Proposal, the employees 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 five (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 an employee who is so convicted.

6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.

As the person authorized to sign the statement, I certify the following:

(Check one and sign in the space provided.)

This firm complies fully with the above requirements.

This firm does not have a drug free work place program at this time.

Printed Name:

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SUB-CONTRACTORS

As the bidder, I submit a listing of the Sub-Contractors which I shall use to accomplish the Work. Sub-Contractors are listed by name, address, amount of work and item of work. If none, please state so.

Subcontractor Name and Address:

Work to be performed and $ amount:

Printed Name:

Title:

Date:

*Complete additional forms if needed to list all subcontractors

26-35 Water Treatment Plant (WTP) Resiliency Project Additional Filters Page 23 of 1045

Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion

Contractor Covered Transactions

(1) The prospective contractor of the Recipient, ______________________ , certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal department or agency.

(2) Where the Recipient’s contractor is unable to certify to the above statement, the prospective contractor shall attach an explanation to this form.

CONTRACTOR:

By____________________________ Bay County Board of County Commissioners_ Signature Recipient’s Name

_______________________________ N/A_________________________________ Name and Title Division Contact Number

________________________________ 26-35______________________________ Street Address Project Number

City, State, Zip

Date

26-35 Water Treatment Plant (WTP) Resiliency Project Additional Filters Page 24 of 1045

APPENDIX A, 44 C.F.R. PART 18-CERTIFICATION REGARDING LOBBYING

Certification for Contracts, Grants, Loans, and Cooperative Agreements

(To be submitted with each bid or offer exceeding $100,000)

The undersigned certifies, to the best of his or her knowledge, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The Contractor, __________________________________ , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any.

In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any.

Signature of Contractor's Authorized Official

Name and Title of Contractor's Authorized Official

Date

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FLORIDA TRENCH SAFETY ACT CERTIFICATION AND DISCLOSURE

STATEMENT

SECTIONS 553.60-553.64, FLORIDA STATUTES

Trench Safety Act. The Contractor shall comply with all of the requirements of the Florida Trench Safety Act, Laws of Florida. Such assurance shall be legally binding on all persons employed by the Contractor and Subcontractors. The Contractor shall acknowledge that included in various items of the proposal and in the total bid price are costs for complying with the provisions of the Act. Additionally, the Contractor is required to break out the costs for complying with the Florida Trench Safety Act.

The Contractor acknowledges that included in the various items of the proposal and in the Total Bid Price are costs for complying with the Florida Trench Safety Act and further identifies the costs to be summarized below:

Trench Safety Units of Unit Extended Measure Measure (Quantity) Cost (Description) (LF, SY)

A.

B.

C.

D.

TOTAL $

DATE , 20

Authorized Signature

Title

Address:

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BID BOND

BY THIS BOND, We, as Principal and , a corporation, as Surety, are bound to the Board of County Commissioners, Bay County, Florida, as County, in the sum of $ for the payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION of this bond is such that

1. The Principal has submitted to the County a certain Bid dated

2. If said Bid shall be rejected, or, if said Bid shall be accepted and the Principal shall execute and deliver a Contract, and furnish bonds for the faithful performances of work and for the payment of all persons performing labor and furnishing materials in connection therewith, and shall fulfill all other aspects created by the acceptance of said Bid, then this obligation shall be void. Otherwise, this bond shall remain in full force and effect with it being expressly understood and agreed that the liability of the Surety and for any and all claims hereunder shall, in no event, exceed the amount of this obligation.

This Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and this bond shall, in no way, be impaired or affected by any extension of time within which the County may accept such Bid; and Surety hereby waives notice of any such extension.

Signed, sealed and delivered in three (3) counterparts on

CORPORATE PRINCIPAL

By: Attest:

Its: Seal:

Acknowledged and subscribed on , before the undersigned authority by , as the of the Corporation named as Principal and with due authorization of the Corporation.

Notary Public

SURETY

By: Attest:

Seal:

Countersigned:

By:

Attorney-in-Fact, State of Florida

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ATTACHMENT 2

SAMPLE CONTRACT 26-35

WATER TREATMENT PLANT (WTP) RESILIENCY PROJECT ADDITIONAL

FILTERS

This Contract, dated is between the Bay County Board of County Commissioners, located at 840 West 11th Street, Panama City, FL 32401 ("County"), and Vendor Name, located at Vendor Address, City, State, Zip ("Vendor”).

1. Scope of Work The County desires to hire Vendor to build three (3) additional sand gravity type filters at the Water Treatment Plant located at 3400 Transmitter Road, Panama City, FL 32404. Work shall be completed in accordance with the Scope of Work included as Exhibit 2.

The Vendor will perform those services in accordance with Exhibit 1 General Terms and Conditions and Exhibit 2 Barge Design Solutions Specifications. The Vendor hereby agrees to provide the following services to the County according to Invitation to Bid (ITB) 26-35 said documents being incorporated into this agreement as if fully set out herein, and the Vendor’s response thereto, said documents being attached as Exhibit 3, to the extent they are not inconsistent with this Agreement.

Funding for the project may be made possible through the Florida

Department of Environmental Protection (FDEP) through the State Revolving Fund (SRF) Program and is contingent on strict conformance to the guidelines set forth by FDEP and the EPA. Respondents shall comply with the FDEP Supplementary Conditions and the labor standards clauses shown at Exhibit 4.

The Vendor and all subcontractors shall comply with the Prevailing

Minimum Wage obtained at https://sam.gov/content/wage-determinations and contained within Exhibit 4.

The County has determined that this project may be subject to certain sales tax exemptions pursuant to section 212.08(6), Fla. Stat., the Vendor hereby agrees to provide services in accordance with Exhibit 8 for Direct Purchase (if applicable).

Neither the United States nor any of its departments, agencies or employees is or will be a party to this contract.

2. Term This Contract shall commence upon the date of receipt of the “Notice to

Proceed” and work shall be completed in 432 calendar days. Should the Vendor fail to complete the work by the specified date, the County shall deduct from the Contract Sum the amount of $1,366.00 per calendar day as liquidated damages

26-35 Water Treatment Plant (WTP) Resiliency Project Additional Filters Page 28 of 1045 for every day subsequent to the specified date until the work is fully completed and receipted by the County as being completed. For purposes of time calculation, day one of the project is the calendar day after the date of the Notice to Proceed.

3. Contract Price

The County shall pay the Vendor for services provided in accordance with the Florida Prompt Payment Act of the Florida Statutes, Chapter 218.70, upon receipt of the Vendor’s invoice and written approval of same by the County’s Designated Representative indicating that services have been rendered in conformity with this Agreement. The Vendor shall submit an invoice for payment to Utility Services Department on a monthly basis for those specific services, as described in this Agreement, ITB 26-35 and the Vendor’s proposal cost of $__________________, that were satisfactorily completed during that invoicing period.

INVOICE REQUIREMENTS: All invoices are required to have the following information included:

Vendor’s name Invoice number Invoice date Contract/Project Number Purchase Order Number Dates of service/activities were provided (mm/dd/yy-mm/dd/yy) Site of work Details of work provided Amount of the invoice

4. Payments

Notwithstanding anything to the contrary herein, the County shall pay the Vendor for services performed under this Contract in accordance with the Local Government Prompt Payment Act (F.S. §218.70, et seq.) Pay requests shall be sworn statements based upon the progress made and submitted to the County Utility Services Department on a monthly basis. Payment by the County to the Vendor of the statement amount shall be made within twenty (20) days after the date on which the payment request or invoice is stamped as received. Five percent (5%) retainage shall be held at the discretion of the County.

Final Payment - Final payment constituting the unpaid balance of the cost of the Project and the Vendor's fee, shall be due and payable within 30 days after the Project is delivered to the County, finished and ready for beneficial occupancy, or when the County occupies the Project, whichever event first occurs provided that the Project be then substantially completed and this agreement substantially performed. However, if there should remain work to be completed, the Vendor and the County shall list those items prior to receiving final payment and the County may retain a sum equal to 150% of the estimated cost of completing any unfinished work and the applicable portion of the Vendor's retainage, provided that said

26-35 Water Treatment Plant (WTP) Resiliency Project Additional Filters Page 29 of 1045 unfinished items are listed separately and estimated cost of completing any unfinished items are likewise listed separately. Thereafter, County shall pay to Vendor, monthly, the amount retained from each incomplete item after each of said items is completed.

Payments…