26-51_West_Bay_Wastewater_Capacity_Enhancement_FINAL.pdf

BAY COUNTY BOARD OF COUNTY COMMISSIONERS

PURCHASING DEPARTMENT

840 WEST 11TH STREET

SUITE 2500

PANAMA CITY, FLORIDA 32401

REQUEST FOR QUALIFICATIONS (RFQ)

WEST BAY WASTEWATER CAPACITY ENHANCEMENT

FDEP AGREEMENT L0138

RESPONSES MAY BE SUBMITTED ELECTRONICALLY THROUGH OPENGOV

PROCUREMENT

THOSE RESPONDENTS WISHING TO SUBMIT A PAPER BID MAY CONTACT THE

PURCHASING DEPARTMENT

RFQ 26-51

RFQ 26-51 West Bay Wastewater Capacity Enhancement FDEP Agreement L0138 1 of 80 https://procurement.opengov.com/signup https://procurement.opengov.com/signup mailto:PURCHASING@BAYCOUNTYFL.GOV

TABLE OF CONTENTS

RESPONDENT INSTRUCTIONS

INTRODUCTION

QUALIFICATIONS

SUBMITTAL DEADLINE/DELIVERY

SOLICITATION DOCUMENTS

POINT OF CONTACT

QUESTIONS

ADDENDA

SUBMITTAL FORM

WITHDRAWAL OF SUBMITTALS

CANCELLATION

BASIS OF AWARD

TIE SUBMITTALS

RIGHT TO REJECT

EXECUTION OF AGREEMENT

LICENSES

GENERAL TERMS

PUBLIC RECORDS

REPRESENTATIONS

SUB-CONSULTANTS

SCRUTINIZED COMPANIES

PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL, OR IDEOLOGICAL

INTEREST IN GOVERNMENT CONTRACTING

PROTEST

WARRANTY

EXAMINATION OF WORK SITES

EXEMPTION OF MEETINGS/PRESENTATIONS

SUBMITTAL REQUIREMENTS

ANTICIPATED SCHEDULE

EVALUATION PROCESS AND CRITERIA

ATTACHMENT 1 REQUIRED FORMS

ATTACHMENT 2 SAMPLE PROFESSIONAL SERVICES CONTRACT

EXHIBIT 1 SCOPE OF WORK

EXHIBIT 2 FDEP AGREEMENT

EXHIBIT 3 BAY COUNTY INSURANCE REQUIREMENTS

RFQ 26-51 West Bay Wastewater Capacity Enhancement FDEP Agreement L0138 2 of 80

RESPONDENT INSTRUCTIONS

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) is seeking Qualifications from Firms to complete a comprehensive feasibility for developing a new wastewater treatment plant in Bay County Florida. The study will evaluate treatment technologies, site conditions, environmental constraints and provide recommendations for design and implementation.

Funding for the project may be made possible through the Florida Department of Environmental Protection (FDEP) agreement L0138 and is contingent on strict conformance to the guidelines set forth by FDEP.

QUALIFICATIONS

All firms, to include sub-consultants, shall be State of Florida licensed professionals.

Engineering firms shall be Florida licensed firms. Engineers shall hold a Florida Professional Engineer’s license.

SUBMITTAL DEADLINE/DELIVERY

ELECTRONIC OR PAPER SUBMITTALS for RFQ NO: 26-51 West Bay Wastewater Capacity Enhancement will be received by the BOARD OF COUNTY COMMISSIONERS OF BAY COUNTY, FLORIDA at the Purchasing Department, 840 West 11th Street, Suite 2500, Panama City, Florida 32401 up until 2:00 pm (CDT) Tuesday, August 4, 2026.

Submittals will be publicly opened immediately following the deadline. It is the sole responsibility of the Respondent to ensure that the Submittal is received on time.

Submittals 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.

Respondents submitting paper should submit one (1) original and one (1) electronic version of the package. The electronic version should be in pdf format on a USB drive. Electronic versions submitted via e-mail will not be accepted. If the submittal contains confidential information, such information shall be in a separate pdf document.

Submittals shall be enclosed in a sealed envelope bearing the title of the solicitation, the name of the Respondent and the date for opening. Submittals shall be valid to Bay County for a period of 180 days after the opening.

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

RFQ 26-51 West Bay Wastewater Capacity Enhancement FDEP Agreement L0138 3 of 80

SOLICITATION DOCUMENTS

Electronic versions of the solicitation documents are available via OpenGov Procurement.

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 respondents (those who have been registered as receiving a qualifications package) receive the documents.

POINT OF CONTACT

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

QUESTIONS

Respondents shall submit all questions, in writing, to the Purchasing Department at Purchasing@baycountyfl.gov or FAX to (850) 248-8276. All questions shall be submitted no later than 5:00 pm (CDT) Friday, July 24, 2026.

ADDENDA

If any addenda are issued after the initial specifications are released, the County will post the addenda on the Bay County website at: https://www.baycountyfl.gov/Bids.aspx and the Bay County OpenGov Procurement Portal.

It is the responsibility of the respondent prior to submission of any Submittal 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.

SUBMITTAL FORM

To receive consideration, all Submittals shall be made on the forms provided, properly executed and with all items filled out. Do not change the wording of the Submittal Form.

No conditions, limitations or provisions will be attached or added to the Submittal Form by the Respondent. Alterations by erasure or interlineations must be explained or noted in the Submittal over the signature of the Respondent.

WITHDRAWAL OF SUBMITTALS

Any Respondent may withdraw its Submittal, either personally or by written request, at any time prior to the scheduled time for opening Submittals. No Respondent may withdraw its Submittal for a period of 180 days after the date for opening and all Submittals shall be subject to acceptance by the County during this period.

RFQ 26-51 West Bay Wastewater Capacity Enhancement FDEP Agreement L0138 4 of 80 https://www.baycountyfl.gov/Bids.aspx https://procurement.opengov.com/portal/baycountyfl https://procurement.opengov.com/portal/baycountyfl mailto:purchasing@baycountyfl.gov mailto:Purchasing@baycountyfl.gov https://www.baycountyfl.gov/Bids.aspx

CANCELLATION

The County may cancel this RFQ, 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 the County website. The notice shall identify the solicitation, and, where appropriate, explain that an opportunity will be given to compete on any re-solicitation or any future procurement of similar items.

BASIS OF AWARD

The contract will be awarded to the responsive, responsible Respondent who ranks highest in the evaluation process based on the criteria specified in the Request for Qualifications Respondent Instructions.

TIE SUBMITTALS

Should a tie occur, an alternate committee member will be asked to evaluate the firms based on the submitted proposals this alternate score will be the tie-breaker.

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 Respondent’s Submittal.

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

Proposals are being requested in accordance with OMB Circular A-102, Attachment O, Paragraph 11C, “Competitive Negotiations”.

EXECUTION OF AGREEMENT

The successful Firm 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. The awarded Firm shall also deliver the policies of insurance or insurance certificate as required. All insurance documents shall be approved by the Bay County Chief Risk Officer before the successful Firm may proceed with the work.

RFQ 26-51 West Bay Wastewater Capacity Enhancement FDEP Agreement L0138 5 of 80

Neither the Notice of Award nor the execution of the required contract documents by the Consultant create any rights in the respondent. The respondent 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.

LICENSES

Consultant shall be properly licensed for the appropriate work specified in this Request for Qualifications. All Respondents are requested to submit any required license(s) with their qualifications. License(s) must be effective as of the 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 Submittal 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.

PUBLIC RECORDS

In accordance with Chapter 119 of the Florida Statutes (Public Records Law), and except as many be provided by other applicable State or Federal Law, all Respondents should be aware that Requests for Qualifications and the responses thereto are in the public domain. Respondents 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.

Pursuant to Fla. Stat. §119.071(1)(b), submittals received as a result of this RFQ will not become public record until such time as the County provides notice of an intended decision or until 30 days after opening the bids, whichever is earlier.

REPRESENTATIONS

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

SUB-CONSULTANTS

The successful firm will be the prime service provider and shall be responsible for all work performed and contract deliverables. Proposed use of sub-consultants should be included in the firm’s submittal. Requests for use of sub-consultants 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 sub-consultants are subject to the same requirements of this solicitation as the awarded firm.

RFQ 26-51 West Bay Wastewater Capacity Enhancement FDEP Agreement L0138 6 of 80

SCRUTINIZED COMPANIES

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

Respondent must also certify that Consultant 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.

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 Consultant of the County's determination concerning the false certification. The Consultant 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 Consultant 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 Consultant 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

Respondents 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 Respondent's social, political, or ideological interests when determining if the Respondent is a responsible Respondent. Respondents are further notified that the County’s governing body may not give preference to a Respondent based on the Respondents social, political, or ideological interests.

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.

WARRANTY

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

RFQ 26-51 West Bay Wastewater Capacity Enhancement FDEP Agreement L0138 7 of 80

EXAMINATION OF WORK SITES

All prospective firms may visit the site and become familiar with the existing conditions.

No allowance will be made to any prospective firm because of a claimed lack of such examination or knowledge. Responding to the RFQ shall be construed as conclusive evidence that the prospective firm has made such examination.

EXEMPTION OF MEETINGS/PRESENTATIONS

Pursuant to section 286.0113(2), Fla. Stat. (2011), 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. (2011) 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.

Stat. (2011) 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.

SUBMITTAL REQUIREMENTS

Each Firm’s submittal shall include sufficient information to enable the County to evaluate the capability of the Firm to provide the desired services. The data shall be significant to the project and discussions of past performances on other projects shall be minimized except as they relate to the proposed work.

Electronic submittals shall be 8 ½” x 11” format with all pages oriented identically. All paper submittals are to be on 8 ½” x 11” paper or if larger documents are required they are to be folded to 8 ½” x 11” size. Paper submittals should be stapled together or bound with comb binding. Submittals submitted in 3 ring binders may not be accepted.

Submittals shall be prepared simply and economically, providing a straightforward, concise delineation of Respondent’s capabilities to satisfy the requirement of the RFQ.

Elaborate binding, colored displays, and promotional material are not desired; however, technical literature may be included as attachments to the Submittal.

Emphasis in each Submittal must be on completeness and clarity of content.

In order to expedite the evaluation of Submittals, it is essential that Respondents utilize the following format and instructions.

RFQ 26-51 West Bay Wastewater Capacity Enhancement FDEP Agreement L0138 8 of 80

The following information is the minimum content required for the Submittal and will be used to compare and evaluate the firms:

(Submittal shall be numbered and provide titled tabs for each section as indicated).

1) Executive Summary (Tab 1)

a) Present in brief, concise terms, a summary level description of the company, its capabilities, and the distinctive competitive attributes of the respondent to provide the scope of services. Give the names of the person(s) who will be authorized to make representations for the respondent, their title(s), address(es), email address(es), and telephone and fax number(s).

b) The summary shall be limited to a maximum of two (2) pages and provide a statement that the signer of the SOQ has the authority to bind principal proponent.

2) Firm Information (Tab 2) – 10 points

a) Firm information

i) Name, address, phone, fax, email, Federal ID#, and website (if applicable)

ii) Date the firm was established under the name given.

iii) Type of ownership or legal structure of the firm. (Corporation, joint venture, partnership)

iv) Incorporation by the Secretary of State and current Florida Professional

License.

v) Brief history of the firm.

vi) Minority/Women Business Enterprise – Office of Supplier Diversity (OSD) certification (if applicable)

b) Litigation, disputes, default, & liens

Describe and explain any disputes, litigations and defaults, the results and settlements of any prior litigation, arbitration, mediation or other claims for a period of five years prior to submission of the SOQ.

The firm information shall be limited to a maximum of two (2) pages

3) Approach and Understanding (Tab 3) – 30 points A narrative description and any applicable illustrations to show the company’s approach to accepting and completing the feasibility study under this contract. The narrative shall be limited to a maximum of four (4) pages

4) Personnel (Tab 4) – 20 points

a) Provide an organizational chart of staff that will be utilized for County work

b) Provide the total number of professionals in your organization who may be assigned to work and their availability to provide services on relatively short notice for the projects that are contemplated in this contract.

c) Give brief resume of personnel including, but not limited to the following information:

i) Name and title

ii) Job assignment for other projects

RFQ 26-51 West Bay Wastewater Capacity Enhancement FDEP Agreement L0138 9 of 80

iii) How many years with this firm

iv) How many years with other firms

v) Experience with: (as applicable)

(1) Wastewater treatment plant design and operation.

(2) WWTP for treating municipal waste flows.

(3) Biological Treatment technology expertise (MBR, SBR, ETC.) to include filtration and disinfection.

(4) Effluent disposal studies evaluating effluent discharge options.

(5) Florida Department of Environmental Protection (FDEP) permitting and regulatory compliance

(6) Hydraulic modeling and capacity analysis for wastewater collections and treatment systems, including evaluation of new infrastructure, system expansions, flow rerouting, and modifications to existing system configurations.

(7) Review of utility construction documents for compliance with local, state, and federal standards

vi) Education

vii) Active license(s), registration(s) and certification(s)

d) List of sub-consultants, if any

i) Name any sub-consultants which are included as part of the proposed team.

Describe the proposed role of any persons outside your firm and their related experience.

ii) List projects on which your firm has worked with the person/firm in the past.

iii) Minority/Women Business Enterprise – Office of Supplier Diversity (OSD) certification (if applicable)

5) Project History (Tab 5) – 40 points Description of firm’s qualifications for performing the work outlined in the Scope of Services and provide specific information relative to similar work accomplished in the past.

a) Work shall, at a minimum, indicate experience with:

i) Wastewater Feasibility Studies and Design for WWTP’s greater than 5 MGD.

ii) Measurable removal rates comparing design and achieved treatment parameters.

iii) Effluent disposal challenges and accomplishments

iv) Treatment Technology Implementation

v) Florida DEP permitting, regulatory compliance, and coordination with state agencies

vi) Hydraulic modeling, capacity analysis, and infrastructure planning for wastewater collections systems, including evaluation of existing system configurations, proposed system improvements, flow rerouting, force main modifications, lift station impacts, and future capacity needs.

6) Required Additional Forms (Tab 6)

a) Submittal Form

b) Addendum Acknowledgement

RFQ 26-51 West Bay Wastewater Capacity Enhancement FDEP Agreement L0138 10 of 80

c) Affidavit Foreign Companies

d) Affidavit Human Trafficking

e) Anti-Collusion Clause

f) Certification Regarding Scrutinized Companies List

g) Conflict of Interest

h) Drug Free Workplace

i) Truth in Negotiations

j) Waiver of Exemption of Meetings/Presentations

ANTICIPATED SCHEDULE

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

RFQ Advertisement Wednesday, July 1, 2026 Questions Due Date Friday, July 24, 2026 Submittal Due Date Tuesday, August 4, 2026 Evaluations August 10 - 21, 2026 BCC Meeting for award Tuesday, September 15, 2026

RFQ 26-51 West Bay Wastewater Capacity Enhancement FDEP Agreement L0138 11 of 80

EVALUATION PROCESS AND CRITERIA

Representatives from the County Purchasing Department will review the submittals for completeness. Those submittals deemed complete and responsive will be forwarded to the Evaluation Committee.

Evaluation Committee

A. Evaluation Committee may consist of 3 or 5 members or the Board of County Commissioners. Initial scoring and final ranking may be determined by separate Evaluation Committees.

B. The County Manager or designee shall determine the Evaluation Committee(s) that will best serve the needs of the County.

C. Membership of all Evaluation Committees shall be approved by the County Manager or designee.

D. The Purchasing Department will provide reasonable notice of all meetings, no less than 72 hours in advance of such scheduled meeting, excluding holidays and weekends, by posting a Notice of Evaluation Committee Meeting on the public notice bulletin board in the Purchasing Department and on the Bay County website.

E. Contact with the Evaluation Committee. Members of the Evaluation Committee are prohibited from discussing a project with any professional or professional firm that may submit a proposal during the procurement process, except in formal committee meetings.

F. Evaluation of Submittals. Only written responses of statements of qualifications, performance data, and other data received in the purchasing office by the publicized submission time and date shall be evaluated.

G. The initial ranking of submittals is based upon the points given in the scoring sheet utilizing the evaluation criteria in the RFQ.

H. Shortlisting. The best-qualified respondents shall be based upon the Evaluation Committee's ability to differentiate qualifications applicable to the scope and nature of the services to be performed as indicated by the ratings on the scoring sheet.

Typically, the top three rated firms, if there are at least three responsive respondents, will be considered as the shortlisted firms, unless the County Manager, after input and discussion with the Evaluation Committee, approves adding additional firms to the shortlist.

I. Final Ranking. The Evaluation Committee or the Board of County Commissioners, as appropriate, shall use the ordinal process to rank the firms. The respondents shall be listed in order of preference. The list of best-qualified persons shall be approved

RFQ 26-51 West Bay Wastewater Capacity Enhancement FDEP Agreement L0138 12 of 80 by the County Manager or Board, as appropriate, prior to beginning contract negotiations.

The County shall negotiate a contract with qualified firms for services at compensation which the County determines is fair, competitive and reasonable as further described in the Scope of Services.

The provisions of the Request for Qualifications and the receipt of submittals from respondents shall not create any legal or other obligation between Bay County and respondents (except as expressly set out in this RFQ).

Bay County will make the selections primarily on the basis of the response to this RFQ and any further information received from respondents if interviewed. Although information additional to that requested in this RFQ may be provided by respondents, any consideration of this information shall be at the discretion of Bay County. Bay County shall be the sole judge of the award of this project to the respondent considered by the County to offer the best overall response with a resulting negotiated agreement that is most advantageous and in the best interest of Bay County.

RFQ 26-51 West Bay Wastewater Capacity Enhancement FDEP Agreement L0138 13 of 80

ATTACHMENT 1

REQUIRED FORMS

RFQ 26-51 West Bay Wastewater Capacity Enhancement FDEP Agreement L0138 14 of 80

SUBMITTAL FORM

RFQ 26-51

This submittal of , (“Firm”) 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, (“County”).

In compliance with the Advertisement for Submittals, this Firm proposes to perform all work as detailed in this submittal.

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

Submitted By:

Name of Firm

Prepared By:

Name of Individual

Contact E-Mail:

Address:

Phone:

Signature of Authorized Representative of Firm Date

SEAL: (If bid is by Corporation)

RFQ 26-51 West Bay Wastewater Capacity Enhancement FDEP Agreement L0138 15 of 80

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 submittal to ensure that you have received addendums.

RFQ 26-51 West Bay Wastewater Capacity Enhancement FDEP Agreement L0138 16 of 80 mailto:purchasing@baycountyfl.gov

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)

RFQ 26-51 West Bay Wastewater Capacity Enhancement FDEP Agreement L0138 17 of 80

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)

RFQ 26-51 West Bay Wastewater Capacity Enhancement FDEP Agreement L0138 18 of 80

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:

RFQ 26-51 West Bay Wastewater Capacity Enhancement FDEP Agreement L0138 19 of 80

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:

RFQ 26-51 West Bay Wastewater Capacity Enhancement FDEP Agreement L0138 20 of 80

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), of if 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:

RFQ 26-51 West Bay Wastewater Capacity Enhancement FDEP Agreement L0138 21 of 80

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:

RFQ 26-51 West Bay Wastewater Capacity Enhancement FDEP Agreement L0138 22 of 80

TRUTH IN NEGOTIATION CERTIFICATION

Pursuant to Section 287.055(5)(a), Florida Statutes, for any lump-sum or cost-plus-a-fixed fee professional services contract over the threshold amount provided in Section 287.017, Florida Statutes for CATEGORY FOUR, the County requires the Consultant to execute this certificate and include it with the submittal of the Technical Proposal, or as prescribed in the contract advertisement.

The Consultant hereby certifies, covenants, and warrants that wage rates and other factual unit costs supporting the compensation for this project’s agreement are accurate, complete, and current at the time of contracting.

The Consultant further agrees that the original agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the County determines the agreement price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such agreement adjustments shall be made within (1) year following the end of the contract. For purposes of this certificate, the end of the agreement shall be deemed to be the date of final billing or acceptance of the work by the Department, whichever is later.

Name of Consultant

By:

Date

RFQ 26-51 West Bay Wastewater Capacity Enhancement FDEP Agreement L0138 23 of 80

WAIVER OF EXEMPTION OF MEETINGS/PRESENTATIONS

Pursuant to section 286.0113(2), Fla. Stat. (2011), 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. The County encourages transparent and open meetings and decision-making but will honor any request by a Firm to maintain the exemptions provided by section 286.0113(2).

Please indicate your preference regarding any meetings at which you may provide an oral presentation or answer questions regarding your submittal or at which negotiations may be conducted:

_______ Waive all requirements to keep such meetings and negotiations exempt from public meeting laws.

_______ Maintain all requirements to keep such meetings and negotiations exempt from public meeting laws.

INDICATE WAIVE OR MAINTAIN, HOWEVER DO NOT SIGN THIS FORM

RFQ 26-51 West Bay Wastewater Capacity Enhancement FDEP Agreement L0138 24 of 80

ATTACHMENT 2

SAMPLE PROFESSIONAL SERVICES CONTRACT

26-51 BAY COUNTY WEST BAY WASTEWATER CAPACITY ENHANCEMENT FDEP

AGREEMENT L0138

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

1. Intent

Bay County is engaging the services of the Consultant to complete a comprehensive feasibility study for developing a new wastewater treatment plant in Bay County, Florida. The study will evaluate treatment technologies, site conditions, environmental constraints, and provide recommendations for design and implementation.

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

2. Scope of Services The Consultant will perform those services stated in the Scope of Services attached hereto and incorporated herein as Exhibit 1, which includes Project Scope, Goals, and Specific Project Requirements.

3. Compensation

The terms and conditions of this contract are fixed price and fixed time. For the satisfactory completion of the services to be provided under this Contract, Bay County agrees to pay the Consultant a not to exceed fee of $ .

Monthly invoices shall be submitted to the County in a format and distribution schedule defined by the County, no later than the 10th day of the following month.

If the Consultant cannot submit their monthly invoice on time, the Consultant shall notify the County, prior to the due date the reason for the delay and the planned submittal date. Once submitted, the Consultant shall notify the Project Manager via e-mail of the total delay in calendar days and the reason(s) for the delay(s).

A Final Invoice will be submitted to the County no later than the 30th day following

Final Acceptance of the individual project or as requested by the County.

Notwithstanding anything contained herein to the contrary (including exhibits and appendices), payments shall be made in accordance with the Florida Prompt Payment Act, Section 218, Florida Statutes.

RFQ 26-51 West Bay Wastewater Capacity Enhancement FDEP Agreement L0138 25 of 80

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

Consultant’s name Invoice number Invoice date Project No (if applicable) Task 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. Effective Date and Time of Performance

This Contract shall commence upon issuance of the notice to proceed and continue in effect for 365 days.

5. County Responsibilities

The County shall do the following in a timely manner so as not to unreasonably delay the services of the Consultant:

a. Provide all criteria and information as to County’s requirements for the Task Order.

b. Furnish to Consultant all available existing studies, reports and other available data and information pertinent to the Task Order. This includes obtaining or authorizing Consultant to obtain or provide additional reports and information or data, as required.

c. When requested by the Consultant and agreed to in writing by the County, furnish to the Consultant services of others required for the performance of Consultant’s services for a Task Order. Consultant shall be entitled to use all such information and services provided by County or others in performing Consultant’s services under a Task

d. Assist in securing access for Consultant to enter upon public and private property as required for Consultant to perform services under a Task Order.

e. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by Consultant, obtain advice of an attorney, insurance counselor and other consultants as County deems appropriate for such examination, and render decisions pertaining thereto within a reasonable time so as not to unreasonably delay the services of the Consultant.

f. County shall use its best efforts to assist the Consultant in securing approvals and permits from all governmental authorities having jurisdiction over the Task Order, and such approvals and consents from others as may be necessary for completion of the Task

RFQ 26-51 West Bay Wastewater Capacity Enhancement FDEP Agreement L0138 26 of 80

g. Immediately notify the Consultant whenever the County observes or otherwise becomes aware of any development that affects the scope or timing of Consultant’s services, or any defect or nonconformance in the work of any Contractor or when such defect or nonconformance is in conjunction with a project designed or overseen by the Consultant.

h. Bear all costs directly related to compliance with the requirements to this section except as may be expressly described in an approved Task Order.

6. Consultant’s Responsibilities:

Consultant shall do the following in a timely manner so as not to delay unreasonably the services to be provided to the County:

a. Provide a proposed written Task Order, upon the County’s request, for review and comment by the County based on verbal discussions between Consultant and County regarding the needs of the County. The final Task Order will reflect the Agreement between the County and Consultant regarding the scope of services to be provided by each party, the costs associated with such services, and the time frame within which the services and various subcomponents of the services will be provided.

b. Identify data and information needed to successfully provide the deliverables required by the Task Order or General Services Request and coordinate with the County to obtain available data and information pertinent to the Task Order.

c. Secure access to enter upon public and private property as required for

Consultant to perform services under a Task Order or General Services Request.

d. Meet with and coordinate timely review and incorporation of comments from the County regarding all studies, reports, sketches, drawings, specifications, proposals and other documents prepared by Consultant.

e. Consultant shall have primary responsibility to secure approvals and permits from all governmental authorities having jurisdiction over any aspects of the Task Order, and such approvals and consents from others as may be necessary for completion of the Task Order or General Services Request. All correspondence with regulatory agencies shall be approved by the County prior to submission unless approval for direct submission is authorized.

f. Consultant shall immediately notify (same day) County if they observe or otherwise become aware of any development that affects the scope or timing of Consultant’s services, or any defect or nonconformance in the work of any Contractor or when such defect or nonconformance is in conjunction with a project designed or overseen by the Consultant.

RFQ 26-51 West Bay Wastewater Capacity Enhancement FDEP Agreement L0138 27 of 80

g. Bear all costs incidental or directly related to compliance with the requirements to this section except as may be expressly described otherwise in an approved Task Order or General Services Request.

h. Provide all services in accordance with generally accepted professional engineering practice at the time when and the place where the services are rendered.

i. All professional services to be provided under this agreement shall be performed by Professionals licensed to practice in the State of Florida and in strict compliance with the Consultant’s Competitive Negotiation Act, 287.055 F.S. (CCNA).

Consultants providing services under this contract shall at all times be knowledgeable of the limiting thresholds of the CCNA statutes and shall insure that full compliance therewith is maintained at all times.

7. Lump Sum or Cost Plus Fixed Fee Contracts

The Consultant certifies that the wage rates and other factual unit costs supporting the contract compensation are accurate, complete, and current at the time of contracting.

Furthermore, to the extent that such wage rates and other factual unit costs are found by the County to be inaccurate, incomplete, or non-current, the original price for such Contract and any additions there to shall be adjusted to exclude any increases in the compensation paid to the Consultant due to such circumstances. A determination of allowable costs in accordance with the Federal cost principles will be performed for service rendered under this Contract.

8. Independent Contractor

The Consultant shall at all times, relevant to this contract, be an independent contractor and in no event shall the Consultant, nor any employees or sub-consultants under it, be considered to be employees of Bay County.

9. Consultant’s Personnel

Consultant has the exclusive right to hire and terminate its employees and may transfer or reassign any of its employees to other work of the Consultant. The direction of the work of Consultant's employees shall be under the exclusive control of Consultant. If the County objects to the presence or performance of any employee of Consultant, Consultant shall remove such employee from County premises.

10. Cooperation

Consultant agrees to perform each phase of the work at the scheduled time and in the scheduled sequence. Consultant will cooperate with the County Utility Services Director or their designee as requested and specifically to allow the County to inspect the performance of work of this Contract.

11. County Representative

The County Utility Services Director or a designee has authority to designate the work to be done by Consultant, to inspect such work, and to resolve questions that arise between the parties. The Consultant or the Consultant’s designee will deal with the

RFQ 26-51 West Bay Wastewater Capacity Enhancement FDEP Agreement L0138 28 of 80

County's representative on matters relating to the performance of the work. The County shall have the authority to stop the work whenever it deems such action necessary to secure the safe and proper performance of the work assignment.

12. Records / Audits The County is a public agency subject to Chapter 119, Florida Statutes. The Consultant shall comply with Florida’s Public Records Law. Specifically, the Consultant shall:

a. Keep and…