1-26-10 Roofing Rehabilitation Replacement and Repair FINAL.pdf

YOUR PARTNER FOR

SOLID WASTE SOLUTIONS

INVITATION TO BID (ITB)

FOR

Bid No.: 26-10/HV

Roofing, Rehabilitation, Replacement, and Repair Services

SOLID WASTE AUTHORITY OF PALM BEACH COUNTY

7501 NORTH JOG ROAD

WEST PALM BEACH, FLORIDA 33412

(561) 640-4000

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It is the bidder’s sole responsibility to ensure that you receive every page of the bid document and that you check the Purchasing AUTHORITY’S E-procurement system (Bonfire) for any addenda to the bid document. These addenda may contain critical information that directly affects how an item should be bid. Failure to account for these addenda may result in rejection of your bid submittal as non-responsive.

The AUTHORITY provides this resource as a courtesy only and assumes no direct or implied responsibility for omissions which materially affect your bid submittal.

GENERAL CONDITIONS, INSTRUCTIONS, AND INFORMATION FOR BIDDERS

THE AUTHORITY WILL ENDEAVOR TO SEND ANY ADDENDA TO ALL PROSPECTIVE BIDDERS ON RECORD. HOWEVER, IT IS THE BIDDER’S SOLE RESPONSIBILITY TO ASCERTAIN, BY CONTACTING THE AUTHORITY'S PURCHASING SERVICES NO LESS THAN FIVE (5) CALENDAR DAYS PRIOR TO THE BID OPENING DATE, WHETHER ANY ADDENDA TO THIS BID HAVE BEEN ISSUED, AND TO SUBMIT ANY AND ALL SUCH ADDENDA PROPERLY ACKNOWLEDGED WITH THE BID RESPONSE. THE AUTHORITY WILL NOT ISSUE ADDENDA, OTHER THAN A DELAY IN BID OPENING DATE, WITHIN

FIVE (5) CALENDAR DAYS OF BID OPENING.

These documents constitute the complete set of specification requirements and bid forms. All bid sheets and attachments must be executed and submitted via the AUTHORITY’s E-Procurement system, (Bonfire). By submitting a bid, the Bidder agrees to be subject to all terms and conditions specified herein. No exceptions to the terms and conditions shall be allowed. Submittal of a bid in response to this Invitation to Bid constitutes an offer by the Bidder. Bids which do not comply with these requirements may be rejected at the option of the AUTHORITY.

1. EXECUTION OF BID: Bid must contain a manual signature, in ink, or electronic signature of an authorized representative, who has the legal ability to bind the Bidder in contractual obligations.

Bid must be typed or legibly printed in ink. All corrections made by Bidder to any part of the bid document must be initialed in ink.

2. BID OPENING: Shall be on the date and at the time specified on the Invitation to Bid through the AUTHORITY’s E- Procurement System. The bid opening may be delayed if, at the sole discretion of the AUTHORITY, it is considered to be in the AUTHORITY’s best interest. Under no circumstances shall bids received after the bid opening will be considered. It is the Bidder’s sole responsibility to assure that his/her bid is complete and uploaded through the AUTHORITY’s E-Procurement system prior to the bid opening. Bids which for any reason are not so delivered will not be considered. Offers by any other means are not acceptable. A bid may NOT be altered by the Bidder after opening of the bids.

3. THIRD PARTY BENEFICIARY DISCLAIMER: It is not the intention of these Bid documents to create third party beneficiary status in any person or entity that is not a direct party to the contract awarded as a result of a successful Bid and no language in these Bid documents or the contract awarded pursuant to this Bid should be construed or interpreted as creating a third-party beneficiary.

4. TAXES: The AUTHORITY is exempt from Federal Excise and

State Sales Taxes on direct purchases of tangible personal property. The AUTHORITY's exemption number is on the face of the purchase order. The Director of Purchasing Services will provide an exemption certificate to the successful Bidder.

Vendors or contractors doing business with the AUTHORITY shall not be exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the AUTHORITY nor shall any Vendor/Contractor be authorized to use the AUTHORITY's Tax Exemption Number in securing such materials. This exemption does not apply to purchases of tangible personal property made by contractors who use tangible personal property in the performance of contracts for the AUTHORITY.

5. DISCOUNTS: Cash discounts for prompt payment shall not be considered in determining the lowest net cost for bid evaluation purposes.

6. MISTAKES: Bidders are expected to examine the specifications, delivery schedule, bid prices, extensions and all instructions pertaining to supplies and services. FAILURE TO DO SO WILL BE AT BIDDER'S RISK. In the event of extension error(s), the unit price will prevail, and the Bidder's total offer will be corrected accordingly. Written amounts shall take precedence over numerical amounts. In the event of additional errors(s), the unit price will prevail and the Bidder's total offer will be corrected accordingly. Bids having erasures or corrections must be initiated in ink by the Bidder.

7. INVOICING AND PAYMENT: Payment for any and all invoice(s) that may arise as a result of a contract or purchase order issued pursuant to this bid specification shall minimally meet the following conditions to be considered as a valid payment request:

a. A timely submission of a properly certified invoice(s), in strict accordance with the price(s) and delivery elements as stipulated in the contract or purchase order document, and be submitted to:

Solid Waste AUTHORITY of Palm Beach County Attn: Accounts Payable 7501 North Jog Road West Palm Beach, FL 33412

b. All invoices submitted shall consist of an original and one (1) copy; clearly reference the subject contract or purchase order number; provide a sufficient salient description to identify goods or service for which payment is requested; contain date of delivery; original or legible copy of signed delivery receipt including both manual signature and printed name of a designated AUTHORITY employee or authorized agent; be clearly marked as "partial", "complete" or "final" invoice. The AUTHORITY will accept partial deliveries. In addition, the invoice shall contain bid number and lot, itemized materials, and backup invoices for pass-thru items.

c. The invoice shall contain the Bidder's Federal Employer Identification number.

d. The AUTHORITY's terms are "Net 30 Days" after acceptance of goods or services and receipt of an acceptable invoice as described herein. Any other terms of payment must have been previously approved by the AUTHORITY and appear on the contract or purchase order document to be binding upon the

AUTHORITY.

8. ESTIMATED QUANTITIES: Estimated quantities or dollars are for Bidder’s guidance only: a) estimates are based on the AUTHORITY’s anticipated needs and/or usage; and b) the AUTHORITY may use these estimates to determine the low Bidder. No guarantee is expressed or implied as to quantities or dollars that will be used during the Contract period. The AUTHORITY is not obligated to place any order for the given amount subsequent to the award of this Bid solicitation.

9. DELIVERY: Unless actual date is specified (or if specified delivery cannot be met), show number of days required to make delivery after receipt of purchase order or contract in space provided. Delivery time may be a basis for making of award.

Delivery shall be during the normal working hours of the user department, Monday through Friday, unless otherwise specified and incorporated into contract or purchase order document.

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Delivery shall be to the location specified in the bid specifications.

10. ADDITIONAL TERMS AND CONDITIONS: No additional terms and conditions included with the bid response shall be evaluated or considered. Any and all such additional terms and conditions shall have no force and effect and are inapplicable to this bid if submitted either purposely through intent or design, or inadvertently appearing separately in transmittal letters, specifications, literature, price lists or warranties. It is understood and agreed that the general and/or any special conditions in these Bid Documents are the only conditions applicable to this bid and the Bidder's authorized signature on the Vendor Acknowledgement Form attests to this.

11. INTERPRETATIONS: All Bidders shall carefully examine the

Bid Documents. Any ambiguities or inconsistencies shall be brought to the attention of the AUTHORITY in writing prior to the opening of Bids; failure to do so, on the part of the Bidder, will constitute an acceptance by the Bidder of any subsequent decision. Any questions concerning the intent, meaning and interpretations of the Bid Documents shall be requested in writing through Bonfire or via email directly to the Purchasing Agent listed within the solicitation, and received by the AUTHORITY at least five (5) days prior to the Bid Opening.

Inquiries shall be addressed to the Purchasing Agent. No person is authorized to give oral interpretations of, or make oral changes to, the bid. Therefore, oral statements given before the bid opening will not be binding. Any interpretation of, or changes to, the bid will be made in the form of a written Addendum to the bid and will be furnished to all Bidders.

12. ADDENDA: In conjunction with Item 11, “Interpretations” above, the Purchasing Department may issue an addendum in response to any inquiry received, prior to the close of the solicitation period which changes, adds, or clarifies the terms, provisions, or requirements of the solicitation. The Bidders should not rely on any representation, statement, or explanation, whether written or verbal, other than those made in the solicitation document or in the addenda issued. Where there appears to be a conflict between the solicitation and any addenda, the last addendum issued shall prevail. It is the Bidder’s responsibility to ensure receipt of all addenda, and any accompanying documentation. The Bidder shall be responsible for reviewing all addenda published for solicitations. Therefore, the bidder shall be required to provide an “Acknowledgement of Addenda” through the Vendor Acknowledgement Form with bid submittal.

13. DISPUTES: With respect to a protest of the terms, conditions, and specifications contained in a solicitation, including any provisions governing the methods of ranking bids, proposals, or replies, awarding contracts, reserving rights of further negotiation, or modifying or amending any contract, the notice of protest shall be filed in writing within the time prescribed, as more fully detailed in the AUTHORITY’s Purchasing Manual, Section 10, after posting of the solicitation. Any Bidder who is adversely affected by the AUTHORITY’s decision or intended decision shall file a protest in writing within the time prescribed, as more fully detailed in the AUTHORITY’s Purchasing Manual, Section 10, after posting of the notice of decision or intended decision. These procedures are available upon request from the AUTHORITY.

14. CONFLICT OF INTEREST: All Bidders must disclose with their bid the name of any officer, director, or agent who is also an employee of the AUTHORITY. Further, all Bidders must disclose the name of any AUTHORITY employee who owns, directly or indirectly, an interest of five percent (5%) or more in the Bidder's firm or any of its branches.

15. LEGAL REQUIREMENTS: Bidders are required to comply with all provisions of Federal, State, County and local laws and ordinances, rules and regulations, that are applicable to the items being bid. Lack of knowledge by the Bidder shall in no way be a cause for relief from responsibility or constitute a cognizable defense against the legal effect thereof.

16. LICENSE, PERMITS AND FEES: The awarded Bidder(s) shall hold all license and/or certifications, obtain and pay for all permits and/or inspections, and comply with all laws, ordinances, regulations, and building code requirements applicable to the work required herein. Damages, penalties and/or fines on the AUTHORITY or an awarded Bidder for failure to obtain and maintain required licenses, certifications, permits, and/or inspections shall be borne by the awarded Bidder.

17. DRUG -FREE WORKPLACE: Preference shall be given to business with Drug-Free Workplace (DFW) programs.

Whenever two or more bids which are equal with respect to price, quality, and service are received by the AUTHORITY for the procurement of commodities or contractual services, a bid received from a business that completes the attached Vendor Acknowledgement Form certifying that it is a DFW shall be given preference in the award process.

18. EQUAL BUSINESS OPPORTUNITY PROGRAM:

A. The Governing Board of the AUTHORITY has implemented the Economic Inclusion Policy and Procedures administered by the Equal Business Opportunity (EBO) Program Office to ensure that all segments of its business population, including, but not limited to small, local owned businesses, have an equitable opportunity to participate in the AUTHORITY’S procurement process, in accordance with Section 6 of the Purchasing Manual, as incorporated herein. In addition, program tools and solicitation incentives are hereby referred to as the Affirmative Procurement Initiatives (API).

B. Each solicitation will be evaluated to determine the appropriate Affirmative Procurement Initiatives (API) to be applied. The API will be outlined in detail in the Special Terms and Conditions of the solicitation. Failure to meet the API requirement will deem the BIDDER’S response as non-responsive.

19. LOCAL PREFERENCE QUALIFICATION: In order to qualify for Local Preference, the firm must have had its headquarters or branch office located within Palm Beach County for a minimum of one (1) year. The firm must have been incorporated or legally begun business, being fully licensed, at least one (1) year prior to the issuance of the solicitation. A valid Business Tax Receipt issued by the Palm Beach County Tax Collector is required and will be used to verify that the proposer had a permanent place of business one year prior to the issuance of the solicitation. Please note that in order to receive a local preference, the name and address on the Business Tax Receipt must be the same name and address that is included in the submittal to the AUTHORITY, and that the attached Business Tax Receipt must accompany the Bid at the time of Bid submission. Copies of licensure, leases of office space (or proof of ownership of office site) may be required by AUTHORITY staff as proof of compliance. The firm's office must be of a permanent nature, not temporary or transient (i.e., mobile homes shall be without wheels and permanently affixed to the land). The firm's office shall be fully staffed with personnel including at least one of those assigned to the AUTHORITY’s projects, office furniture, office equipment, and, if applicable, professional equipment/computers as required by the type of work to be performed. A site visit by AUTHORITY staff may be required to

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confirm local presence. The firm will be required to maintain said office, or other AUTHORITY approved offices, for the entire term of the contract. Failure to submit this information will cause the firm not to be qualified under this Section to receive a local preference. The AUTHORITY may require a firm to provide additional information for clarification purposes at any time prior to the award of the contract.

20. PREFERENCE APPLICATIONS: A Bidder who meets the qualifications for Local Preference and whose bid is within 5% of the low bidder who does not meet those qualifications, shall be granted an opportunity to offer a best and final bid along with the low bidder and any other bidder(s) whose bid amount is equal to or less than the highest local bidder within 5% of the low bid. Contract will be awarded to the lowest best and final bid; in case of a tie for the lowest best and final bid the contract will be awarded to the lowest best and final bid offered by the local bidder. Ties between local bidders will be determined by a coin toss.

21. PUBLIC ENTITY CRIMES: Pursuant to F.S. 287.133(2)(a), as amended: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of thirty-six (36) months following the date of being placed on the convicted vendor list.

22. AWARDS: As the best interest of the AUTHORITY may require, at its sole discretion, the right is reserved to reject the bid of any vendor who has previously failed in the proper performance of an award or to deliver on time contracts of a similar nature or who is not in a position to perform properly under this award and to make award(s) by individual item, group of items, "All or None", or a combination thereof; with one or more suppliers; to reject any or all bids, or waive any minor irregularity or technicality in bids received, and may, at its sole discretion, request a re-bid. Bidders are cautioned to make no assumption until the AUTHORITY has entered into a contract or purchase order. NOTE: Bid tabulations will be furnished upon written request which includes an enclosed, self-addressed, stamped envelope. The award recommendation will be posted for review by interested parties at Purchasing Services for a period of five

(5) calendar days. Failure to file a written protest to the Director of Purchasing Services within the time prescribed in the AUTHORITY’S Purchasing Manual, Section 10, shall constitute a waiver of proceedings. It is the Bidder’s sole responsibility to ascertain the time of posting of the award recommendation. This may be accomplished by telephone, E-Mail or other means deemed timely by the Bidder.

23. PROMOTIONAL PRICING: In addition, bidder shall offer to the AUTHORITY during the contract period any item(s) offered on a "promotional" basis from the manufacturer. It will be the successful bidder's responsibility to monitor said item(s) and report any that are or will be offered at lower price.

24. COMMERCIAL NONDISCRIMINATION POLICY: It is the policy of the AUTHORITY not to enter into a contract or to be engaged in business relationship with any business entity that has discriminated in the solicitation, selection, hiring or commercial treatment of vendors, suppliers, subcontractors or commercial customers on the basis of race, color, national origin, religion, ancestry, sex, age, marital status, familial status, sexual orientation, disability, or genetic information, or on the basis of any otherwise unlawful use of characteristics regarding the vendor’s supplier’s or commercial customer’s employees or owners; provided that nothing in this policy shall be construed to prohibit or limit otherwise lawful efforts to remedy the effects of discrimination that have occurred or are occurring in relevant marketplace for Palm Beach County. A formal certification of non-discrimination is required to be executed by the BIDDER pursuant to Section 6.3 of the AUTHORITY’s Purchasing Manual.

25. CONTRACTUAL AGREEMENT: The terms, conditions, and provisions in this Invitation to Bid shall be included and incorporated in any final contract or purchase order. The order of precedence will be Bid Document and response, purchase order or contract, and general law. Any and all legal action necessary to enforce a contract or purchase order will be interpreted according to the laws of Florida. The venue shall be Palm Beach County, Florida.

26. GOVERNMENTAL RESTRICTIONS: In the event that any governmental restrictions are imposed which would necessitate alteration of the material quality, workmanship or performance of the items offered on this bid prior to their delivery, it shall be the responsibility of the Bidder to notify Purchasing Services at once, indicating in his/her letter the specific regulation which required an alteration, including any price adjustments occasioned thereby. The AUTHORITY reserves the right to accept such alteration or to cancel the contract or purchase order at no further expense to the AUTHORITY.

27. PATENTS AND ROYALTIES: The Bidder, without exemption, shall indemnify and save harmless, the AUTHORITY, its employees and/or any of its Board Members from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or item manufactured by the Bidder. Further, if such a claim is made, or is pending, the Bidder may, at its option and expense, procure for the AUTHORITY the right to use, replace or modify the item to render it non-infringing. If none of the alternatives are reasonably available, the AUTHORITY agrees to return the article on request to the Bidder and receive reimbursement. If the Bidder used any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood, without exception, that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work.

28. ADVERTISING: In submitting a bid, Bidder agrees not to use the results therefrom as a part of any commercial advertising, without the express written approval, by the appropriate level of AUTHORITY within the AUTHORITY.

29. ASSIGNMENT: Any purchase order or contract issued pursuant to this bid invitation and the monies which may become due hereunder are not assignable except with the prior written approval of the AUTHORITY, through Purchasing Services.

30. COMPLIANCE WITH OCCUPATIONAL SAFETY AND

HEALTH: Bidder certifies that all material, equipment, services, etc., contained in his/her bid meets all applicable O.S.H.A.

requirements. Bidder further certifies that, if he/she is the successful Bidder, and the material, equipment, etc., delivered is subsequently found to be defective in any applicable O.S.H.A.

requirement in effect on the date of delivery, all costs necessary to comply with the requirements shall be borne by the Bidder.

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31. FACILITIES: The AUTHORITY reserves the right to inspect the Bidder's facilities at any reasonable time, during normal working hours, with prior notice to determine that Bidder has a bonefide place of bbusiness andis a responsible Bidder.

32. REPRESENTATION: A Bidder must have at the time of bid opening, a manufacturing plant in operation, or be a legally authorized agent or representative of the product bid, and capable of producing or providing the items bid, and so certify upon request.

33. DISQUALIFICATION OF BIDDER: More than one bid from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. Reasonable grounds for believing that a Bidder is involved in more than one bid for the same work will be cause for rejection of all bids in which such Bidders are believed to be involved. Any or all bids will be rejected if there is reason to believe that collusion exists between Bidders. Bids in which the prices obviously are unbalanced will be subject to rejection. This provision is not meant to prohibit submission of alternate bids.

34. ALTERNATIVES: Unless otherwise specified, the mention of the particular manufacturer's brand name or number in the specifications does not imply that this particular product is the only one that will be considered for purchase. This reference is intended solely to designate the type or quality of merchandise that will be acceptable. Alternate offers will be considered and must include descriptive literature and/or specifications. Failure to provide descriptive literature and/or specifications with alternate offers may be cause for disqualification of the bid.

The determination as to whether any alternate product or service is or is not equal shall be made by the Solid Waste AUTHORITY and such determination shall be final and binding upon all bidders.

Bidders proposing to submit alternate product must call the Purchasing Department to arrange to submit specifications and product samples at no cost to the AUTHORITY. All submittals must be made within ten (10) calendar days of the advertisement of the Bid.

Although the AUTHORITY provides for the consideration of alternate bids, it reserves the right to make an award in the best interest of the AUTHORITY. Such award may not necessarily be given to the lowest bid offered.

35. ADJUSTMENTS/CHANGES/DEVIATIONS: No adjustments, changes or deviations shall be accepted on any item unless conditions or specifications of a bid expressly so provide. Any other adjustments, changes or deviations shall require prior written approval, and shall be binding ONLY if issued by the AUTHORITY's Purchasing Services. The Bidder shall bear sole responsibility for any and all costs of claims arising from any adjustments, changes or deviations not properly executed as required herein.

36. OMISSIONS IN SPECIFICATIONS: The specifications and/or statement of work contained within this Solicitation describe the various functions and classes of work required as necessary for completion of the project. Any omissions of inherent technical functions of classes of work within the specifications and/or statement of work shall not relieve the Bidder from furnishing, installing, or performing such work where required to the satisfactory completion of the project.

37. INDEMNIFICATION: Contractor agrees to protect, defend, indemnify, and hold harmless the AUTHORITY, its employees and representatives, from any and all claims and liabilities including all attorney's fees and court costs, including appeals, for which the AUTHORITY, its employees and representatives, can or may be held liable as a result of injury (including death) to persons or damage to property occurring by reason of any acts or omissions of the Contractor, its employees, or agents, arising out of or connected with this Agreement. The Contractor shall not be required to indemnify the AUTHORITY or its agents, employees, or representatives, when an occurrence results solely from the wrongful acts or omissions of the AUTHORITY, or its agents, employees or representatives.

38. ANNUAL APPROPRIATIONS: The AUTHORITY's obligation to pay under this contract is contingent upon annual appropriations.

39. PUBLIC RECORDS ACT/INFORMATION DISCLOSURE to THIRD PARTIES: Sealed bids or replies received by the AUTHORITY pursuant to a competitive solicitation are exempt from s. 119.07(1) and s.24(a), Article I of the State Constitution until such time as the AUTHORITY provides notice of an intended decision or until thirty (30) days after opening the bids or final replies, whichever is earlier. As such, the AUTHORITY shall not in any way be liable or responsible for the disclosure or result of disclosure of any submissions or portions thereof submitted in response to the Bid.

The law provides for certain exclusions to disclosure. If the Bidder believes that some information contained in their bid is exempt or exempt and confidential from disclosure, the Bidder is instructed to label such information as confidential, specify the pertinent section of the public record law that justifies nondisclosure, and request in writing the AUTHORITY keep such information confidential and free from disclosure. The AUTHORITY reserves the right to make any final determination of the applicability of the public records law. In addition, all Bids received by the submission date will become the property of the AUTHORITY and will not be returned.

40. UNCONTROLLABLE FORCES: Neither the AUTHORITY nor AWARDED BIDDER(S) shall be considered to be in default of this Bid/Contract/Purchase Order if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Bid/Contract/Purchase Order and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions.

Neither party shall, however, be excused from performance if nonperformance is due to forces which are preventable, removable, or remediable and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Bid/Contract/Purchase Order.

41. DEFAULT: The AUTHORITY may, by written notice of default to the successful Bidder, terminate the contract in whole or in part if the successful Bidder fails to satisfactorily perform any provisions of this solicitation or resultant contract, or fails to make progress so as to endanger performance under the terms and conditions of this solicitation or resultant contract, or

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provides repeated non-performance, or does not remedy such failure within a period of 10 days (or such period as the Director of Purchasing Services may authorize in writing) after receipt of notice from the Director of Purchasing Services specifying such failure. In the event the AUTHORITY terminates this contract in whole or in part because of default of the successful Bidder, the AUTHORITY may procure goods and/or services similar to those terminated, and the successful Bidder shall be liable for any excess costs incurred due to this action.

If it is determined that the successful Bidder was not in default or that the default was excusable (e.g., failure due to causes beyond the control of, or without the fault or negligence of, the successful Bidder), the rights and obligations of the parties shall be those provided in Section 43 “Termination for Convenience.”

42. TERMINATION F O R CONVENIENCE: The Director of Purchasing Services may, whenever the interests of the AUTHORITY so require, terminate the contract, in whole or in part, for the convenience of the AUTHORITY. The Director of Purchasing Services shall give five (5) days prior written notice of termination to the successful Bidder, specifying the portions of the contract to be terminated and when the termination is to become effective. If only portions of the contract are terminated, the successful Bidder has the right to withdraw, without adverse action, from the entire contract.

Unless directed differently in the Notice of Termination, the successful Bidder shall incur no further obligations in connection with the terminated work, and shall stop work to the extent specified and on the date given in the Notice of Termination.

Additionally, unless directed differently, the successful Bidder shall terminate outstanding orders and/or subcontracts related to the terminated work.

Unless the successful Bidder is in breach of this contract, the Bidder shall be paid for services rendered to the AUTHORITY’S satisfaction through the date of termination.

43. WARRANTY: All warranties expressed or implied shall be made available to the AUTHORITY for goods and services covered by this Bid Solicitation. All goods furnished shall be fully guaranteed by the awarded Bidder against factory defects and workmanship. At no expense to the AUTHORITY, the awarded Bidder shall correct any and all apparent and latent defects that may occur within the manufacturer’s standard warranty.

44. BUSINESS TAX RECEIPTS: In order to provide goods and/or services specified in this bid, a current business tax receipt issued in Palm Beach County is required. This business tax receipt shall be issued for the services being bid herein. A photocopy of the business tax receipt shall be submitted with bid.

45. LOCAL BUSINESS TAX EXEMPTION: In accordance with Florida Statue §205.065 Exemption; nonresident (Palm Beach County) persons regulated by the Department of Business and Professional Regulation, engaging in or managing a business, profession, or occupation regulated by the Department of Business and Professional Regulation has paid a business tax for the current year to the county or municipality in the state where the person’s permanent business location or branch office is maintained, is not required to pay other local governing AUTHORITY a business tax, or any registration or regulatory fee equivalent to the business tax, on the person for performing work or services on a temporary or transitory basis in another municipality or county.

Please note that in order to be exempt from the Palm Beach County Business Tax Receipt requirement, a bidder requesting exemption must submit with his/her bid the following documentation:

• A copy of their business tax for the current year to the county or municipality in the state where the permanent business location or branch office is maintained.

The name and address on the Business Tax Receipt must be the same name and address that is included in the submittal to the AUTHORITY, and that the attached Business Tax Receipt must accompany the Bid at the time of Bid submission.

Other instances where the bidder is exempt per Florida Statue Chapter 205 shall be considered after he/she has furnished the necessary proof of exemption.

46. PURCHASING AGREEMENTS WITH OTHER GOVERNMENT

AGENCIES: All Bidders submitting a response to this Invitation to Bid agree that such response also constitutes a bid to all political subdivisions under the same conditions, for the same prices and the same effective period as this bid, should the Bidder feel it is in their best interest to do so.

This agreement in no way restricts or interferes with the right of any political subdivision to rebid any or all items.

47. CONE OF SILENCE: Bidders are advised that a Cone of

Silence that prohibits any communication, except for written correspondence, regarding a particular request for proposal, request for qualification, bid, or any other competitive solicitation between: Any person, recognized legal entity, or either of their respective representative(s) seeking an award from such competitive solicitation; and any person who is a member of a selection or evaluation committee or panel whose purpose is to make selections, recommendations or evaluations in connection with a competitive selection process; and any employee of the department from which the contract solicitation originated and for whose primary purpose it will serve, any employee that is a chief of the Solid Waste AUTHORITY of Palm Beach County regardless of the originating department; and Notwithstanding the above, any person, legal entity, or their respective representative(s), may contact any member(s) of the AUTHORITY’s Governing Board, the Executive Director, Purchasing Director or Procurement Manager, however, any such communication shall only be by written correspondence, and in all cases the Purchasing Director shall be copied. Any oral communications to any of these persons(s) listed in this subsection regarding a particular competitive solicitation is strictly prohibited.

The Cone of Silence shall be in effect as of the deadline to submit bids even if bid is withdrawn or is otherwise eliminated from consideration consistent with the procedures as outlined in this bid. The Cone of Silence shall remain in effect until the Governing Board, or AUTHORITY staff, if authorized to act on behalf of the Board, awards or approves the contract, rejects all bids or otherwise takes action which ends the solicitation process.

The provisions of this article shall not apply to oral communications at any public proceeding, including pre-bid conference, oral presentations before selection committees, and contract negotiations during any public meetings, presentations made to the Board and protest hearings. Further, the Cone of Silence shall not apply to contract negotiations between AUTHORITY employees and the intended awardees, any dispute resolution process following the filing of a protest between the person filing the protest and any AUTHORITY employee.

The Governing Board by means of action taken at any properly noticed Governing Board meeting may invoke the cone of silence earlier than the time specified in this section for any procurement.

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48. OFFICE OF THE INSPECTOR GENERAL: Palm Beach County has established the Office of the Inspector General, Ordinance (OIG) No. 2009-049 which is authorized and empowered to review past, present and proposed county contracts, transactions, accounts and records. The Solid Waste AUTHORITY (AUTHORITY) has entered into an Interlocal Agreement (ILA) for Inspector General Services. This agreement provides for the Inspector General to provide services to the AUTHORITY in accordance with the AUTHORITY, functions and powers set out in the Palm Beach County Office of Inspector General Ordinance. All parties doing business with the AUTHORITY and receiving AUTHORITY funds shall fully cooperate with the Inspector General including providing access to records relating to this Agreement. The Inspector General has the power to subpoena witnesses, administer oaths, require the production of records, and audit, investigate, monitor, and inspect the activities of the Contractor, its officers, agents, employees, and lobbyists in order to ensure compliance with contract specifications and detect corruption and fraud. Failure to cooperate with the Inspector General or interference or impeding any investigation shall be in violation of Ordinance 2009-049, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second-degree misdemeanor.

49. SCRUTINIZED COMPANIES (When contract value is greater than $1 million): As provided in F.S. 287.135, by entering into this contract or performing any work in furtherance hereof, t he Contractor certifies that it, its affiliates, suppliers, subcontractors, and consultants who will perform hereunder, have not been placed on the Scrutinized Companies W i th Activities in Sudan List or Scrutinized Companies With Activities in The Iran Petroleum Energy Sector List created pursuant to F.S. 215.473, or is engaged in business operations in Cuba or Syria.

If the AUTHORITY determines, using credible information available to the public, that a false certification has been submitted by Contractor, this Contract may be terminated and a civil penalty equal to the greater of $2 million or twice the amount of this Contract shall be imposed, pursuant to F.S.

287.135. Said Certification may be submitted at the time of

renewal of this Contract.

50. SCRUTINIZED COMPANIES: As provided in F.S. 287.135, by entering into this Contract or performing any work in furtherance hereof, t he Contractor certifies that it, its affiliates, suppliers, subcontractors, and consultants who will perform hereunder, have not been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, pursuant to F.S. 215.4725.

If the AUTHORITY determines, using credible information available to the public, that a false certification has been submitted by Contractor, this Contract may be terminated and, if said false certification state that Contractor was not engaged in a boycott of Israel, a civil penalty equal to the greater of $2 million or twice the amount of this Contract shall be imposed, pursuant to F.S.

287.135. Said Certification may be submitted at the time of

renewal of this Contract.

51. NON-EXCLUSIVE: The AUTHORITY reserves the right to acquire some or all of these goods and services through a State of Florida contract, any contract awarded by any other city or county governmental agencies, any school board, any other community college/state university system cooperative bid agreement, if it is in the best AUTHORITY’s interest to do

so. This reservation applies both to the initial award of this solicitation and to acquisition after a term contract may be awarded. Additionally, the AUTHORITY reserves the right to award other contracts for goods and services falling within the scope of this contract when the specifications differ from this contract, or for goods and services specified in this contract when the scope substantially differs from this contract, if it is in its best AUTHORITY’s interest to do so.

52. E-VERIFY EMPLOYMENT ELIGIBILITY: Contractor warrants and represents that it is in compliance with section 448.095, Florida Statutes, as may be amended. No later than January 1, 2021, Contractor shall: (1) register with and use the E-Verify System (E-Verify.gov), to electronically verify the employment eligibility of all newly hired workers; and (2) verify that all of the Contractor’s contractors and subcontractors performing any duties and obligations under this Agreement are registered with and use the E-Verify System to electronically verify the employment eligibility of all newly hired workers. AUTHORITY shall terminate this Agreement if it has a good faith belief that Contractor has knowingly violated Section 448.09(1), Florida Statutes as may be amended.

53. PROHIBITION AGAINST CONSIDERING SOCIAL,

POLITICAL, OR IDEOLOGICAL INTERESTS IN

GOVERNMENT CONTRACTING – F.S. 287.05701(2023):

Bidders are hereby notified of the provisions of section 287.05701(2023), Florida Statutes, as amended, that the AUTHORITY 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 AUTHORITY’s governing body may not give preference to a Bidder based on the Bidder’s social, political, or ideological interests.

NOTE: ANY AND ALL SPECIAL CONDITIONS AND

SPECIFICATIONS ATTACHED HERETO WHICH VARY FROM

THESE GENERAL CONDITIONS SHALL HAVE

PRECEDENCE.

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SPECIAL TERMS AND CONDITIONS

Roofing Rehabilitation, Replacement, and Repair

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54. PURPOSE

The purpose of this solicitation is to secure pricing and establish a term contract with an experienced and qualified Roofing Contractor to provide services for the Rehabilitation/Replacement and Repair of deteriorated roof systems, including primary and secondary structural member replacement and all incidentals in accordance with the specifications, terms and conditions stated herein.

55. AWARD

A. Contract will be awarded to the lowest responsive, responsible Bidder, subject to the terms and conditions herein. BIDDER with the lowest cost in the aggregate (Items 1 through 11) will be deemed as the lowest responsive, responsible BIDDER.

BIDDER must submit pricing on all items to be considered for the award.

B. The AUTHORITY reserves the right to make a primary and secondary award. The lowest, responsive, responsible Bidder meeting specifications, and special terms and conditions shall be the primary awardee. The next lowest responsive, responsible Bidder meeting specifications, special terms and conditions shall be the secondary awardee. The AUTHORITY will give the primary awardee the first opportunity to provide all products and services. If the primary awardee cannot provide the requested services, the secondary awardee will be contacted to perform the said services. More than two (2) occurrences of failure to provide services as requested shall be deemed a default of the contract and will be grounds for cancellation of the contract.

C. The AUTHORITY reserves the unqualified right, in the AUTHORITY’s sole and absolute discretion, to reject any and all bids, to waive any irregularities, or to accept the Bid which, in the AUTHORITY’s judgment, will under all circumstances best serve the public interest.

D. Awarded Bidder shall register and/or maintain active status in the AUTHORITY’s Vendor Registration System. To register as a vendor, visit www.swa.org/vendor.

56. TERM OF CONTRACT:

A. The initial contract prices resulting from this solicitation shall prevail for a two (2) year period from the contract’s initial effective date, with an option to renew for an additional one (1) year period.

B. The AUTHORITY reserves the right to automatically extend the intended contract for a maximum period, not-to-exceed ninety

(90) calendar days, in order to provide continual service and supplies while a new contract is being solicited, evaluated, and/or awarded. The awarded BIDDER agrees to this condition by virtue of signing their Bid submittal. All prices shall be fixed for the term of this extension period.

57. QUALIFICATION OF BIDDERS

A. Bidder must meet all requirements of the minimum award qualification listed below along with supporting documentation.

• Bidder currently has a minimum of five (5) years’ experience and will provide specifics of experience and references as roofing contractor with emphasis on the rehabilitation/replacement of deteriorating roof systems.

http://www.swa.org/vendor

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• Bidder must have an active certified Roofing Contractor License in accordance with Florida Statutes §

489.119 and show proof by submittal.

• Bidder must hold a Certificate of Competency and show proof by submittal.

• Bidder must have Business Tax Receipt (formerly Occupational License) and show proof by submittal.

• Bidder must meet all other requirements of the Invitation to Bid.

B. In accordance with the above requirements, Bidders shall submit the following information with his/her Bid to satisfy the following requirements:

• Bid Proposal Form

• Bidders Qualification Statement Form – showing the BIDDER's training and experience in similar work.

• References - List and include a brief description of similar work satisfactorily completed with location, dates of contracts, names, addresses, and phone numbers of owners.

• List of equipment and facilities available to do the work

• Vendor Acknowledgment Form

• Copies of all applicable Certifications, Licenses, Permits, and Local Business Tax Receipts.

C. Failure to submit the above requested information with bid may be cause for rejection of your Bid. Information previously submitted to the AUTHORITY in response to another Invitation to Bid shall not satisfy this requirement. The term “experience”, as used in this requirement, shall mean the experience gained and possessed by the business entity (single proprietorship, partnership, corporation, or joint venture) responding to this solicitation. It shall not mean the experience of individual employee(s).

58. ESCALATION CLAUSE

A. Prior to, or upon satisfactory completion of the initial contract term, the AUTHORITY shall have the option to renew this contract for an additional one (1) year period.

B. Prior to the optional renewal of the contract term, the AUTHORITY may consider an adjustment to price based on the percentage change in the Consumer Price Index – All Urban Consumers (CPI-U), Not Seasonally Adjusted, Miami-Fort Lauderdale-West Palm Beach, Florida area; services as published by the Bureau of Labor Statistics of the U.S. Department of Labor.

C. It is the successful BIDDER’s responsibility to request any pricing adjustment under this provision. For any adjustment to commence on the first day of any exercised option period, the successful BIDDER’s request for adjustment should be submitted thirty (30) days prior to expiration of the then-current contract term. The successful BIDDER’s adjustment request should not be in excess of the relevant pricing index change. If no adjustment request is received from the successful BIDDER, the AUTHORITY will assume that the successful BIDDER has agreed that the optional term may be exercised without pricing adjustment.

D. The AUTHORITY reserves the right to reject any price adjustments submitted by the successful BIDDER and/or to not exercise any otherwise available option period based on such price adjustments. Continuation of the contact beyond the initial period, and any option subsequently exercised, is an AUTHORITY prerogative, and not a right of the successful BIDDER. The prerogative will be exercised only when such continuation is clearly in the best interest of the AUTHORITY

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59. EQUAL BUSINESS OPPORTUNITY PROGRAM

A. The Governing Board of the AUTHORITY has implemented the Economic Inclusion Policy administered by the Equal Business Opportunity (EBO) Program Office to ensure that all segments of its business population, including, but not limited to local, small businesses, have an equitable opportunity to participate in the AUTHORITY’S procurement process, in accordance with Section 6 of the Purchasing Manual, as incorporated herein. Program tools and solicitation incentives are hereby referred to as the Affirmative Procurement Initiative (API).

60. SMALL BUSINESS ENTERPRISE (SBE) PARTICIPATION:

A. The EBO program has determined that no API shall be applied to this procurement. The AUTHORITY encourages Small Business Enterprise (SBE) participation. For information on the Economic Inclusion Policy and Procedures, please contact the EBO office at 561-640-4000 extension 4532 or visit www.swa.org/EBO.

B. Certified SBE Bidders should include a copy of their Certification with their Bid.

C. Awarded Bidder shall register and /or maintain active status in the AUTHORITY’S Vendor Registration System. To register a vendor, visit swa.org/vendor.

61. BID SUBMITTAL

A. Bid Submittals will only be accepted through the AUTHORITY’s third-party e-procurement system, Euna Procurement f/k/a

Bonfire.

62. WORK ASSIGNMENTS

A.