1-RFP 26-206 OM for Advanced Metals Recovery.pdf

YOUR PARTNER FOR

SOLID WASTE SOLUTIONS

REQUEST FOR PROPOSAL

FOR

EQUIPMENT, OPERATIONS, AND MAINTENANCE FOR

ADVANCED METALS RECOVERY PROCESSING SYSTEM

RFP 26-206/PA

SOLID WASTE AUTHORITY OF PALM BEACH COUNTY

7501 NORTH JOG ROAD

WEST PALM BEACH, FLORIDA 33412

(561) 640-4000

RFP 26-206/PA - i - June 2026

TABLE OF CONTENTS

SECTION 1 - GENERAL INFORMATION

1.1. Background

1.2. Pre-Proposal Conference

1.3. Evaluation Process

1.4. Procurement Schedule

1.5. Proposal Submission and Withdrawal

1.6. Communication Protocol

1.7. Addenda

1.8. Rights of the Authority

1.9. Proposal Preparation Costs

1.10. Interpretations

1.11. Non-Collusion Affidavit

1.12. Public Entity Crimes

1.13. Public Records Act / Information Disclosure to Third Parties

1.14. Insurance Required

1.15. Cone of Silence

1.16. Agreements with other Governmental Entities

1.17. Scrutinized Companies

1.18. Inspector General

1.19. Commercial Non-Discrimination Policy

1.20. Third Party Beneficiary Disclaimer

1.21. E-Verify – Employment Eligibility

1.22 Prohibition Against Considering Social, Political or Ideological Interest in Government Contracting

1.23 Non-Governmental Entity Human Trafficking

1.23 Digital Accessibility Compliance

SECTION 2 - SCOPE OF WORK

SECTION 3 - PROPOSAL SUBMISSION REQUIREMENTS

SECTION 4 - PROPOSAL EVALUATION AND AWARD

RFP 26-206/PA - ii - June 2026

PROPOSAL FORMS

1. Transmittal Letter

2. Price Proposal

3. PROPOSER’S Qualification Statement

4. Project Reference Form

5. Vendor Acknowledgement Form

ATTACHMENTS

Attachment A – Draft Site License Agreement

Attachment B – FDEP Ash Beneficial Use Plan

Attachment C – FDOT Asphalt Mix Design

Attachment D – Insurance Checklist

Attachment E – Procurement Schedule

RFP 26-206/PA - 1 - June 2026

GENERAL INFORMATION

1.1. BACKGROUND:

A. The Solid Waste Authority of Palm Beach County (“AUTHORITY”) was established by the Florida State Legislature as a Dependent Special District under the Palm Beach County Solid Waste Act, Chapter 2001-

331. The AUTHORITY is governed by the seven (7) elected County Commissioners of Palm Beach County, Florida, sitting as the Governing Board of the AUTHORITY. The Governing Board members are elected for terms as determined in the Solid Waste Act. It is important to note that the AUTHORITY is an entirely separate and legally distinct entity from Palm Beach County which is a political subdivision of the State of Florida.

B. The AUTHORITY is the governmental agency responsible for providing an economical and environmentally conscious integrated Solid Waste Management System for Palm Beach County, Florida. With approximately 400 employees, the AUTHORITY provides solid waste disposal and recycling services and programs to the County’s 1.5 million residents and businesses. The AUTHORITY also provides solid waste and recycling collection services to the residents and businesses in unincorporated Palm Beach County through private haulers under exclusive franchise agreements.

C. The AUTHORITY has built an award-winning integrated system of facilities that combines recycling, renewable energy and landfilling to effectively manage the County’s waste. The AUTHORITY’s system includes two (2) waste-to-energy facilities, landfills, a Recovered Materials Processing Facility, a Biosolids Processing Facility, seven (7) home chemical collection facilities and a network of six (6) transfer stations.

1.2. PRE-PROPOSAL CONFERENCE:

A. A Non-mandatory Pre-Proposal Conference will be held on the date and time outlined in the Procurement Schedule at 7501 North Jog Road, West Palm Beach, Florida 33412, open to all interested parties at which time the AUTHORITY staff shall be present to answer questions and explain the intent of the RFP documents.

B. At the conclusion of the pre-proposal conference, the AUTHORITY will provide a group tour of the existing Advanced Metals Recovery Processing System (AMRPS), owned and operated by a separate company, and the non-ferrous and ferrous metals recovery processes at Palm Beach Renewable Energy Facility (REF) 1 and REF 2, for those interested. Recording devices will not be permitted during the group tour. PROPOSER shall bring Personal Protection Equipment including hard hat, safety shoes, safety vests, and safety glasses for their personal use.

C. Any conclusions reached at this conference, which amend the RFP documents, will be issued in the form of a written Addendum(s). The AUTHORITY will not be bound by or responsible for any explanation or interpretation of the RFP documents other than those given in written Addenda. In no event shall PROPOSERS rely on any oral statement by the AUTHORITY, its staff, agents, advisors, or consultants.

There are no exceptions.

1.3. EVALUATION PROCESS:

The evaluation process will be conducted by the Evaluation Committee in accordance with, but not limited to, the methods and criteria described in the Proposal Evaluation and Award Section of this RFP.

RFP 26-206/PA - 2 - June 2026

1.4. PROCUREMENT SCHEDULE:

A summary schedule of the major activities associated with the AUTHORITY’S procurement process for this Project is presented in the Procurement Schedule (See Attachments). The AUTHORITY, at its sole and unfettered discretion, may modify the schedule as it deems appropriate. The AUTHORITY will notify the PROPOSER of any changes associated with submittal dates by written Addenda.

1.5. PROPOSAL SUBMISSION and WITHDRAWAL:

A. The AUTHORITY uses Bonfire, a 100% digital method of accessing and responding to solicitations (Bonfire). Therefore, PROPOSERS must submit their proposal via Bonfire. The AUTHORITY must receive responses as indicated and on the date and time established in the Procurement Schedule of this RFP.

B. The AUTHORITY cautions those submitting Proposals to ensure the accuracy of the document uploads to Bonfire.

C. The PROPOSER may withdraw their Proposal by notifying the AUTHORITY’S Purchasing Services office in writing at any time prior to the time set for the Proposals receipt deadline. Proposals, once opened, become the property of the AUTHORITY and will not be returned to the PROPOSERS, except in accordance with Florida Law.

1.6. COMMUNICATION PROTOCOL:

All questions and communications concerning this procurement process must be directed to Patricia D. Armstrong, Procurement Manager at parmstrong@swa.org. All requests for clarifications or additional information must be submitted in writing via electronic mail to the above email address or Bonfire. All questions shall be submitted no later than the date specified in Procurement Schedule of this RFP. The AUTHORITY will record its responses to questions, if any, and address them in the form of a written Addendum(s) to this RFP.

1.7. ADDENDA:

A. Should revisions to the RFP become necessary, the AUTHORITY will issue written Addenda. All Addenda must be acknowledged. This Acknowledgement must be included in the Proposal Form – Transmittal Letter and the Vendor Acknowledgement Form. PROPOSER’S submittal may be rejected as non-responsive if PROPOSER has failed to submit its Proposal without Addenda Acknowledgement. The AUTHORITY will issue all Addenda through Bonfire.

B. All PROPOSERS should contact the AUTHORITY no more than five (5) calendar days before the due date for submitting Proposals to ascertain whether any Addenda have been issued. Failure of the PROPOSER to make this inquiry could result in its Proposal being non-responsive in the event Addenda were issued and not acknowledged by the PROPOSER in their submittal.

C. No Addenda will be issued within five (5) calendar days of the due date for receipt of Proposals except an

Addendum withdrawing the RFP or one that includes postponement of the date for receipt of Proposals.

RFP 26-206/PA - 3 - June 2026

1.8. RIGHTS OF THE AUTHORITY:

This RFP constitutes an invitation for submission of Proposals to the AUTHORITY. This RFP does not obligate the AUTHORITY to procure or contract for any of the scopes of services set forth in this RFP. The AUTHORITY reserves and holds at its sole and unfettered discretion, various rights and options under Florida law, including without limitation, the following:

• To prepare and issue addenda to the RFP that may expand, restrict, or cancel any portion or all work described in the RFP without obligation to commence a new procurement process or issue a modified or amended RFP;

• To receive questions from potential PROPOSERS and to provide such answers in writing as it deems appropriate;

• To waive any informalities, technicalities or irregularities in the Proposals submitted;

• To reject any and all Proposal submissions;

• To change the date for receipt of Proposals or any deadlines and dates specified in the RFP;

• To change the procurement and/or selection process prior to receipt of Proposals;

• To conduct investigations with respect to the information provided by each PROPOSER and to request additional information (either in writing or in presentations and interviews) to support such PROPOSER’S responses and submittals;

• To visit facilities referenced in the PROPOSER’S submittal at any time or times during the procurement process;

• To seek clarification of Proposals from the PROPOSERS either in writing or in presentations and interviews, and;

• To cancel the RFP with or without the substitution of another RFP.

1.9. PROPOSAL PREPARATION COSTS:

The AUTHORITY accepts no liability for costs and expenses incurred by the PROPOSER in preparation and submission of Proposals and responses to clarifications from the AUTHORITY, potential site visits, interviews, negotiations, future RFPs or any other work performed in connection with the Proposal. Each PROPOSER that enters into the procurement process shall prepare the required materials and submittals at its own expense and with the express understanding that they cannot make any claims whatsoever for reimbursement from the AUTHORITY for the costs and expenses associated with the process. PROPOSER should prepare their submittal providing a straightforward and concise description of the PROPOSER’S ability to meet the requirements of the RFP. Unnecessarily elaborate brochures, art work, expensive paper, bindings, visual and other presentation materials, beyond that sufficient to present a complete and effective response to this RFP is not desired.

1.10. INTERPRETATIONS:

A. The AUTHORITY will not be bound by or responsible for any explanation or interpretation of the RFP documents other than those given in written Addenda. In no event shall PROPOSERS rely on any oral statement by the AUTHORITY, its staff, agents, advisors, or consultants.

B. Any PROPOSER that submits in its Proposal to the AUTHORITY any information which is determined to be substantially inaccurate, misleading, exaggerated, or incorrect, may be disqualified from consideration.

RFP 26-206/PA - 4 - June 2026

1.11. NON – COLLUSION AFFIDAVIT:

The PROPOSER is required to submit the Vendor Acknowledgement Form attesting to the Non-Collusion Affidavit stipulating Agreement to the following: “PROPOSER certifies that its Proposal is made without previous understanding, Agreement, or connection with any person, firm, or corporation making a Proposal for the same item(s) and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action”.

1.12. PUBLIC ENTITY CRIMES:

Pursuant to Section 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 Section 287.017 for CATEGORY TWO for a period of thirty-six (36) months following the date of being placed on the convicted vendor list.

1.13. PUBLIC RECORDS ACT/INFORMATION DISCLOSURE TO THIRD PARTIES:

A. Sealed bids, proposals, SOQs, 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, proposals, SOQs, or final replies, whichever is earlier. As such, the AUTHORITY shall not in any way be liable or responsible for the proper disclosure or result of the proper disclosure of any submissions or portions thereof submitted in response to the RFP, made in accordance with applicable law.

B. The law provides for certain exemptions from disclosure. If the PROPOSER believes that some information contained in their Proposal is exempt or exempt and confidential from disclosure, the PROPOSER is instructed to label such information as specifying the exact section of the public records, or other Florida or Federal 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 or other Florida or Federal law. Prior to releasing any information, the AUTHORITY will inform the PROPOSER and allow the PROPOSER to seek an injunction prohibiting the AUTHORITY from releasing the information. Each PROPOSER agrees that the AUTHORITY may reveal any confidential and exempt materials to designated AUTHORITY staff and the Board members involved in the evaluation process, and to any outside consultant or third parties who serve on the Evaluation Committee or who are hired by the AUTHORITY to assist in the evaluation process.

Furthermore, each PROPOSER agrees to indemnify and hold harmless the AUTHORITY and each of their officers, employees, and agents from all costs, damages, and expenses incurred in connection with refusing to disclose any material, which the PROPOSER has designated as confidential and exempt.

C. The portions of any meetings where PROPOSER(S) is making an oral presentation, is/are answering questions, where negotiations take place, or AUTHORITY meetings to discuss negotiation strategy are also exempt from public access in accordance with Sections 286.0113(2)(b)1, Florida Statutes, as may be amended.

RFP 26-206/PA - 5 - June 2026

1.14. INSURANCE REQUIRED:

The PROPOSER(S) shall at its sole expense, obtain and maintain insurance reflecting the minimum amounts and conditions specified in the Insurance Requirements Checklist (see Documents section of Bonfire). If the PROPOSER(S) is a governmental entity or a self-insured organization, different insurance requirements may apply. Misrepresentation of any material fact, whether intentional or not, regarding the PROPOSER’(S) insurance coverage, policies or capabilities may be grounds for rejection of the proposal(s) and rescission of any ensuing agreement(s). Certificate(s) of Insurance are required indicating that coverage is in full force and effect and include the following language: “Should any of the policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions.” Notice shall not be less than thirty

(30) days for any cancellation, non-renewal or material change to the insurance coverages and not less than ten (10) days for non-payment of premium. The requirements contained herein, as well as the AUTHORITY’S review or acceptance of insurance maintained by the PROPOSER are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the PROPOSER under this Agreement. If sub-contractors used by the PROPOSER do not have insurance, or do not meet the insurance limits, PROPOSER shall indemnify and hold harmless the AUTHORITY for any claim in excess of the sub-contractor’s insurance coverage, to the extent that insurance meeting the limits would have afforded coverage to the AUTHORITY, as indicated in the Insurance Checklist.

1.15. CONE OF SILENCE:

1.15.1 Cone of silence means a prohibition on any communication, written or oral, regarding a particular request for proposal, request for qualification, bid, or any other competitive solicitation between:

(a) Any person, recognized legal entity, or either of their respective representative(s) seeking an award from such competitive solicitation; and

(b) 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

(c) 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

(d) 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/are strictly prohibited.

1.15.2 For the purposes of this section, a person or legal entity’s representative shall include any person or group of persons acting on behalf of that person or legal entity, including but not limited to an employee, partner, officer, director, consultant, lobbyist, or any actual or potential subcontractor or consultant of the person or legal entity.

1.15.3 The Cone of Silence shall be in effect as of the deadline to submit the proposal, bid, or other response to a competitive solicitation. Each request for proposal, request for qualification, bid, or any other competitive solicitation shall provide notice of the Cone of Silence requirements and refer to this policy.

1.15.4 The Cone of Silence shall remain in effect for all person(s), legal entity, or their respective representative(s) submitting a response to a competitive solicitation until such time as the provisions of subsection 15.7 are satisfied, even if the person withdraws his/her submittal from the competitive process or is otherwise eliminated from consideration consistent with the procedures of the competitive process.

RFP 26-206/PA - 6 - June 2026

1.15.5 The provisions of this policy shall not apply to oral communications at any proceeding, including pre-bid conferences, oral presentations before selection committees, contract negotiations during any meeting, presentations made to the Governing Board, and protest hearings. Further, the Cone of Silence shall not apply to contract negotiations between any employee and the intended awardees, or any dispute resolution process following the filing of a protest between the person filing the protest and any employee.

1.15.6 The Cone of Silence shall not apply to any purchase made in an amount less than the competitive bid threshold set forth in the Authority Purchasing manual.

1.15.7 The Cone of Silence shall terminate at the time the Board, or Authority staff, if authorized to act on behalf of the Board, awards or approves a contract, rejects all bids or responses, or otherwise takes action which ends the solicitation process.

1.15.8 The Board, by means of action taken at any properly noticed Governing Board meeting, may invoke the Cone of Silence earlier than the times specified in this section, for any procurement.

1.15.9 Any and all questions regarding the individuals who may or may not be covered under the Cone of

Silence should be directed to the Purchasing Director or designee.

1.16. AGREEMENTS WITH OTHER GOVERNMENTAL ENTITIES:

All PROPOSERS submitting a response to this RFP agree that such response also constitutes a response to all State and local government agencies of the State of Florida under the same terms and conditions, for the same prices and for the same effective period as specified in this RFP, should the successful PROPOSER deem it in the best interest of their business to do so. The Agreement(s) resulting from this RFP in no way restricts or interferes with any State or local government agencies of the State of Florida from re-solicitation for any or all items specified in this RFP.

1.17. SCRUTINIZED COMPANIES:

A. When Contract value is greater than one million dollars ($1,000,000): As provided in F.S. 287.135, by entering into this Contract or performing any work in furtherance hereof, the CONTRACTOR certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the Scrutinized Companies With 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 must also be requested at the time of Contract renewal.

B. As provided in F.S. 287.135, by entering into this Contract or performing any work in furtherance hereof, the

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 stated 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 must also be requested at the time of Contract renewal.

RFP 26-206/PA - 7 - June 2026

1.18. INSPECTOR GENERAL:

Palm Beach County has established the Office of the Inspector General (OIG), Ordinance No. 2009-049 which is authorized and empowered to review past, present and proposed county contracts, transactions, accounts and records. The 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 COMPANY, 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 with 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.

1.19. COMMERCIAL NON-DISCRIMINATION POLICY:

A. Statement of Policy

It is the policy of the AUTHORITY not to enter into a contract or to be engaged in a 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.

B. Policy Implementation

The EBO Office shall implement this policy by periodically conducting outreach and by distributing educational materials to the AUTHORITY’s contracting and vendor community and related trade associations to advise such contractors, vendors and prospective respondents of this policy and the procedures to be followed in submitting complaints alleging violations of this policy. In addition, the Executive Director, the Office of the Chief Financial Officer, the Director of Purchasing, and the Office of the General Counsel shall ensure that the following commercial nondiscrimination clause language is set forth in, and incorporated into, all the AUTHORITY contracts that result from formal solicitations:

Every contract and subcontract shall contain a nondiscrimination clause that reads as follows:

"As a condition of entering into this agreement, the company represents and warrants that it will comply with the AUTHORITY’s Commercial Nondiscrimination Policy as described under Section 6.3 of the AUTHORITY’s Purchasing Manual. As part of such compliance, the company shall not discriminate on the basis of race, color, national origin, religion, ancestry, sex, age, marital status, familial status, sexual orientation, disability, or genetic information in the solicitation, selection, hiring or commercial treatment of subcontractors, vendors, suppliers, or commercial customers, nor shall the company retaliate against any person for reporting instances of such discrimination. The company shall provide equal opportunity for subcontractors, vendors and suppliers to participate in all of its public sector and private sector subcontracting and supply opportunities, provided that nothing contained in this clause shall prohibit or limit otherwise lawful efforts to remedy the effects of discrimination. The company understands and agrees that a material violation of this clause shall be considered a material breach of this agreement and may result in termination of this agreement, disqualification or debarment of the company from participating in AUTHORITY contracts, or other sanctions.

This clause is not enforceable by or for the benefit of, and creates no obligation to, any third party.”

RFP 26-206/PA - 8 - June 2026

All Formal Solicitations issued for AUTHORITY contracts shall include the following certification to be completed by the RESPONDENT:

"The undersigned RESPONDENT hereby certifies and agrees that the following information is correct:

In preparing its response on this project, the RESPONDENT has considered all proposals submitted from qualified, potential Subcontractors and suppliers, and has not engaged in "discrimination" as defined in the AUTHORITY’s Commercial Nondiscrimination Policy as set forth in Section 6.3 of its Purchasing Manual, to wit: discrimination in the solicitation, selection or commercial treatment of any Subcontractor, vendor, supplier or commercial customer 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. Without limiting the foregoing, "discrimination" also includes retaliating against any person or other entity for reporting any incident of "discrimination." Without limiting any other provision of the solicitation for responses on this project, it is understood and agreed that, if this certification is false, such false certification will constitute grounds for the AUTHORITY to reject the response submitted by the RESPONDENT on this project, and to terminate any contract awarded based on the response. As part of its response, the RESPONDENT shall provide to the AUTHORITY a list of all instances within the immediate past four (4) years where there has been a final adjudicated determination in a legal or administrative proceeding in the State of Florida that the RESPONDENT discriminated against its Subcontractors, vendors, suppliers or commercial customers, and a description of the status or resolution of that complaint, including any remedial action taken. As a condition of submitting a response to the AUTHORITY, the RESPONDENT agrees to comply with the AUTHORITY’s Commercial Nondiscrimination Policy as described under its Purchasing Manual – Economic Inclusion Policy and Procedures, Section 6.3.

1.20. THIRD PARTY BENEFICIARY DISCLAIMER:

It is not the intention of these RFP 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 being the successful PROPOSER to this RFP, and no language in these RFP documents or the contract awarded pursuant to this RFP should be construed or interpreted as creating a third-party beneficiary.

1.21. E-VERIFY – EMPLOYMENT ELIGIBILITY:

PROPOSER warrants and represents that it is in compliance with Section 448.095, Florida Statutes, as may be amended. No later than January 1, 2021, PROPOSER 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 PROPOSER’s contractors/consultants and subcontractors/subconsultants performing any duties and obligations under the resultant agreement are registered with and use the E-Verify System to electronically verify the employment eligibility of all newly hired workers. AUTHORITY shall terminate the resultant agreement if it has a good faith belief that the PROPOSER has knowingly violated Section 448.09(1), Florida Statutes as may be amended.

RFP 26-206/PA - 9 - June 2026

1.22 PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR IDEOLOGICAL INTERESTS IN

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

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

1.23 NON-GOVERNMENTAL ENTITY HUMAN TRAFFICKING:

PROPOSER warrants and represents that it is in compliance with Section 787.06 of the Florida Statutes, and declares that the PROPOSER does not use coercion for labor or services as defined in the statutes

1.24 DIGITAL ACCESSIBILITY COMPLIANCE:

A. PROPOSER acknowledges that the AUTHORITY is a public entity subject to Title II of the Americans with Disabilities Act (ADA) and applicable federal accessibility regulations. PROPOSER represents and warrants that all websites, web-based applications, digital services, electronic documents, multimedia, and other electronic content created, developed, provided, submitted, maintained, or delivered under this Contract that may be electronically displayed, accessed, distributed, or made available to the public by the AUTHORITY shall conform to the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA, or any successor standard adopted by the U.S. Department of Justice.

B. All electronic documents submitted to the AUTHORITY, including but not limited to PDFs, reports, forms, presentations, and public-facing materials, shall be provided in an accessible format compliant with the applicable accessibility standards at the time of delivery.

C. PROPOSER shall ensure that any updates, revisions, or modifications to such digital content remain compliant throughout the term of this Contract. Upon request, PROPOSER shall provide documentation reasonably demonstrating accessibility compliance. If any deliverable is determined by the AUTHORITY to be noncompliant, PROPOSER shall promptly remediate the noncompliance at no additional cost to the AUTHORITY and within a timeframe specified by the AUTHORITY. PROPOSER shall ensure that any third-party digital content or platforms used in performance of this Contract either comply with the requirements herein or that an accessible alternative acceptable to the AUTHORITY is provided.

D. Failure to comply with this subsection shall constitute a material breach of this Contract.

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RFP 26-206/PA - 10 - June 2026

SCOPE OF WORK

2.1 PURPOSE:

The purpose of this Request for Proposal (RFP) is to solicit formal written Proposals from experienced and qualified individuals, corporations, partnerships and other legal entities (PROPOSER) to provide the processing equipment, operations, and maintenance and marketing and sale of recovered ferrous and non-ferrous metals, herein referred to as the Advanced Metals Recovery Processing System (AMRPS), at the North County Landfill, located at 6330 N Jog Road, West Palm Beach, Florida 33412 for the Solid Waste Authority of Palm Beach County (AUTHORITY).

2.2 INTRODUCTION/BACKGROUND:

A. The AUTHORITY is seeking Proposals from PROPOSERS to provide the processing equipment, operate, and maintain a PROPOSER owned AMRPS in accordance with the Draft Site License Agreement provided herein as Attachment A. Schedule 1 of Attachment A provides a detailed description of the general site arrangement and site plan for the current AMRPS operating on the landfill.

B. Over the last two (2) years, the AUTHORITY has contracted with a metals recovery and recycling company to provide the equipment, operations, and maintenance for advanced metals recovery from the AUTHORITY’s bottom ash from REF 1 and REF 2. The current operation is located in a designated area on top of the AUTHORITY’s landfill located at 6330 N Jog Road, West Palm Beach, Florida 33412. The AUTHORITY provides electric power (480 volt, 3 phase, 400 amp service) to the current AMRPS free of charge. The current AMRPS equipment has a processing capacity of approximately 150,000 tons of ash per year. The ferrous and non-ferrous metals are marketed and sold by the AMRPS operator to the recycling markets and the recovered aggregate can be used in beneficial reuse projects, when available. The metals recovery and recycling company is responsible for maintaining the quality of all commodities produced at the AMRPS. The current AMRPS Site License Agreement expires on September 23, 2026.

C. Table 1 summarizes the current AMRPS bottom ash throughput tonnages and non-ferrous metal recovery over the last 12-month period, in short tons (ST). Additional data can be provided by the AUTHORITY upon request.

PROPOSERS are highly encouraged to visit the current AMRPS operation and collect samples of the bottom ash from both REF 1 and REF 2 prior to submitting their proposals.

Table 1: AMRPS Throughput Tons

Year Throughput [ST] Non-Fe Extracted [ST] Non-Fe After Washing [ST]

July 2024 - June 2025 137,999 2,330 2,042

2.3 SCOPE OF WORK:

The AUTHORITY desires to enter into a new Site License Agreement (SLA) for all activities associated with the supply, operation, and maintenance of the AMRPS for an initial term of three (3) years. A draft of the SLA is included in this RFP as Attachment A. The selected PROPOSER will begin to participate in transition planning and transition activities from current to new operations (as applicable) on or before September 23, 2026, and will operate and maintain the AMRPS per the terms and conditions included in the SLA. The following provides a general summary of the work/services to be provided by the selected PROPOSER:

A. OPERATIONS: The PROPOSER shall provide all supervision, labor, rolling stock, equipment, supplies and materials required to process bottom ash delivered from REF 1 and REF 2. The PROPOSER’s AMRPS equipment shall process REF 1 and REF 2 bottom ash to separate ferrous metals, non-ferrous metals, and aggregate material. The AUTHORITY’s intent is for the AMRPS to maximize recovery of ferrous and non-ferrous metals from the bottom ash

RFP 26-206/PA - 11 - June 2026 stream. The AUTHORITY anticipates that the PROPOSER’s AMRPS equipment will include, but not be limited to, a loader, excavator, water truck, multiple ferrous magnets, multiple eddy current separators (ECS), screens, and conveyors. At a minimum, the ECS must be capable of recovering non-ferrous metals in the following size fractions:

1. <3/8 inch

2. 3/8 inch to ½ inch

3. >½ inch

The Authority may also request the recovery of aggregate material from the ash when beneficial use opportunities become available. The AMRPS equipment must be able to maximize recovery of ferrous metals and non-ferrous metals and produce an aggregate that meets the required specifications in the AUTHORITY’s Ash Beneficial Use Plan approved by the Florida Department of Environmental Protection (FDEP) in 2019 (Attachment B). This includes both the ¼ inch to ¾ inch aggregate and the <1-1/2-inch blended base course outlined in Section 5 Specified Uses of Attachment B. The Florida Department of Transportation (FDOT) recently approved a developmental Asphalt Mix Design (Lab Design LD 25-2804A) utilizing 30% of the ¼ inch to ¾ inch ash aggregate in the mix (Attachment C). It is the AUTHORITY’s intent to utilize this mix design, in partnership with Palm Beach County, on several projects throughout the County.

a. PROPOSER is responsible for receiving and stockpiling the bottom ash delivered by the AUTHORITY on the landfill to allow for maturation in preparation for subsequent ash processing, as required for the PROPOSER’s

AMRPS.

b. The AUTHORITY will provide the water and electrical service and wastewater management needed for the AMRPS, as detailed in the SLA. The AUTHORITY will provide electrical power, in the form of a 480 volt, 3 phase, 400 amp service disconnect located on the south boundary of the site, free of charge. Additionally, the AUTHORITY will provide up to 50,000 gallons per month of Industrial Supply Water in the form of a filling station at the base of the landfill. PROPOSER shall be responsible for providing and operating a water truck for dust control and site maintenance. Potable water and restroom facilities are not available at the site, so PROPOSER shall provide for and manage portable toilet facilities needed for staff.

c. The PROPOSER shall provide regulatory reporting and permitting required for assembly and operation. The PROPOSER shall be responsible for complying with all applicable laws, regulations and permits, as outlined in the SLA. PROPOSER shall not cause, let, permit, suffer, or allow the emissions of unconfined particulate matter, fugitive ash emissions, or objectionable odors to the satisfaction of the AUTHORITY and as defined in the AUTHORITY’s FDEP Title V Air Operations Permit, from any activity, including vehicular movement, unloading, stockpiling, storing, loading, construction, processing, alteration, demolition or transportation of materials.

d. Dust Control Requirements – PROPOSER shall develop and implement a dust control plan to meet these expectations and that is acceptable to the AUTHORITY. PROPOSER shall include the Dust Control Plan in their proposal and that will be included in the SLA Schedule 2 Work Plan. The Dust Control Plan shall include, but not be limited to, the minimum water volumes required, the proposed operating schedule, and the disposal plan required for the AMRPS. At a minimum, site dust management shall be provided by a water truck spraying the site access roads and ash stockpiles. All operations shall cease until permit requirements and AUTHORITY standards are met. The AUTHORITY expects no visible emissions from the work site at all times. The PROPOSER’s Dust Control Plan will be evaluated and scored as part of the Technical Evaluation Criteria.

e. The AUTHORITY shall deliver or cause to be delivered a minimum of 130,000 tons of bottom ash to the AMRPS on a Contract Year basis. All inbound loads will be weighed on the designated AUTHORITY scales which are regularly calibrated by the AUTHORITY and can be inspected by the PROPOSER, at the discretion of the AUTHORITY. Bottom ash will be delivered 24/7, 365 days per year and ash storage stockpiles may need to be managed daily. The AUTHORITY anticipates that the AMRPS will be operated during approved

RFP 26-206/PA - 12 - June 2026 hours. Normal Landfill working hours are 7AM – 5PM Monday through Saturday, including all Legal Holidays except for Thanksgiving and Christmas.

f. Approximately 75% of bottom ash generated at REF 1 (approximately 60,000 tons per year) and 50% of bottom ash generated at REF 2 (approximately 78,000 tons per year) will be delivered to the AMRPS from the AUTHORITY. Note that REF 1 and REF 2 currently recover ferrous and non-ferrous metals from the bottom ash generated at each facility. The metals recovery systems at REF 1 and REF 2 will not change for the duration of this SLA. Table 2 provides a forecast of (but does not guarantee) the estimated quantity of bottom ash that the AUTHORITY will deliver to the AMRPS on a Contract Year basis through the initial 3-year Term of the SLA. Additional ash may be delivered throughout the Contract Year period, if available.

Table 2: AMRPS Contract Year Tons (Forecast)

Contract Year WTE Ash Available Ash Forecast Tons/yr

2026-2027 REF 1 & 2 138,000

2027-2028 REF 1 & 2 138,000

2028-2029 REF 1 & 2 138,000

g. The PROPOSER shall provide daily, weekly, and monthly reports detailing the weight of bottom ash processed, ferrous and non-ferrous metals extracted, weight and size of aggregate produced, if applicable, general comments, and other relevant statistics reasonably requested by the AUTHORITY or as noted in the SLA. PROPOSER is required to maintain and monitor quality via an ongoing sampling process conducted by the PROPOSER and overseen by the AUTHORITY.

B. MAINTENANCE: The selected PROPOSER shall provide all supervision, labor, tools, equipment, parts, supplies and material required to perform all preventative, scheduled, and unscheduled maintenance, repairs and replacement to the AMRPS, including all equipment and rolling stock.

2.3 COMPENSATION:

The ferrous and non-ferrous metals recovered from the AMRPS shall be marketed, distributed and sold by the PROPOSER to the recycling markets. The PROPOSER shall arrange for the sale and shipment of all recovered metals at its sole cost and expense. All revenue received from the sale of the materials recovered from the AMRPS shall be to the sole benefit of the PROPOSER. The PROPOSER is solely responsible for maintaining the quality of all commodities produced by the AMRPS to optimize their revenues.

The PROPOSER shall pay the AUTHORITY a fixed fee for every ton of ash delivered by the AUTHORITY to the AMRPS.

All inbound loads of bottom ash to the AMRPS site will be weighed on the designated AUTHORITY scales, which are regularly calibrated and can be inspected by the PROPOSER, at the discretion of the AUTHORITY. The AUTHORITY will submit invoices on a monthly basis based on the amount of ash delivered to the AMRPS. The Fixed Fee price per ton shall be adjusted annually based on the industry specific price index, as detailed in the SLA.

2.4 TERM:

The Agreement Term shall be for a period of three (3) years. The AUTHORITY shall have the option of extending this Agreement for four (4) additional years, as approved by the AUTHORITY’s Board, in its sole and unfettered discretion.

Notice for a Term extension, if any, will be provided by the AUTHORITY no later than twelve (12) months prior to the expiration of the initial term; if mutually acceptable terms cannot be reached nine (9) months prior to the expiration date of the initial term, the Agreement will not be extended. Such extension shall be in the form of a written Amendment to the SLA executed by both parties.

Beyond September 30, 2029, the forecasted available ash tonnage will be solely contributed by REF 2. Therefore, the SLA terms may be adjusted, if necessary, based on the reduced ash tonnage.

RFP 26-206/PA - 13 - June 2026

PROPOSAL SUBMISSION REQUIREMENTS

3.1 PROPOSAL SUBMISSION REQUIREMENTS AND FORMAT:

A. The AUTHORITY uses Bonfire, a 100% digital method of accessing and responding to solicitations.

Therefore, PROPOSERS must submit their proposals via Bonfire. The AUTHORITY must receive all Proposals no later than 2:00 P.M., Eastern Time on the date established in the Procurement Schedule.

The complete Proposal package shall be submitted through Bonfire. Should the PROPOSER have any issues with any interaction with the e-Procurement system, PROPOSER is encouraged to contact the Bonfire support desk for assistance: https://vendorsupport.gobonfire.com/hc/en-us.

B. Marketing brochures or any other information not pertaining to this RFP shall not be included in the

Proposal.

C. Proposals shall demonstrate that the PROPOSER is qualified to perform the Scope of Work based upon relevant professional experience.

3.2 CONTENT:

The AUTHORITY will evaluate PROPOSERS’ responses in such a manner as to validate each PROPOSER’s ability to perform the work outlined in this RFP and the draft SLA and to assign evaluation ranking to Part IV, Section 4.2. The PROPOSER, in its submittal, is required to demonstrate, through current or past similar contracts, agreements or records of operation that they can perform the scope of work in accordance with the draft SLA. The PROPOSER acknowledges and accepts that the AMRPS including the site, building, and equipment, are sufficient to enable the Contractor to meet its obligations and responsibilities to operate the AMRPS as defined in the SLA and the AUTHORITY is under no obligation to upgrade or retrofit the AMRPS. The PROPOSER shall provide all the requested information in accordance with the content and format requirements set forth in the following subsections. To allow the Evaluation Committee to more effectively review the Proposals, PROPOSERS shall provide all requested information in the order and in the format requested below.

3.2.1 Title Page

The Title Page shall include the RFP Title and Number. The page shall indicate clearly the name of the PROPOSER submitting the Proposal and the name, address, phone number, fax number and e-mail address of the PROPOSER’S designated contact person. The PROPOSER’S designated contact person is the individual who shall be the main point of contact for the AUTHORITY to communicate with regarding this procurement.

3.2.2 Table of Contents

3.2.3 General Information

PROPOSER shall provide completed forms as follows:

3.2.3.1 Transmittal Letter

PROPOSER shall submit a completed Transmittal Letter acknowledging, among other things, that the PROPOSER has completely reviewed, understands, and agrees to be bound by the requirements of this RFP. The Proposal Transmittal Letter shall be signed by a representative of the PROPOSER who is empowered to sign it and to commit the PROPOSER to the obligations contained in the Proposal.

RFP 26-206/PA - 14 - June 2026

3.2.3.2 Price Proposal

A. PROPOSER should review and thoroughly understand how compensation will be determined as provided in Section 6 of the SLA (Attachment A) and shall submit a completed Price Proposal providing the fixed fee per ton of ash delivered to the AMRPS. Historically the annual average washed metals yield rate has been 1.5% of non-ferrous metals recovered with or without aggregate production. Additional data can be provided by the AUTHORITY upon request. PROPOSERS are highly encouraged to visit the current AMRPS site and collect samples of the bottom ash from both REF 1 and REF 2 prior to submitting their Price Proposal. The actual quantity of bottom ash delivered and recovered material yield may vary and should be taken into account in the Price Proposal.

B. The AUTHORITY may request explanations for any atypical pricing, and to negotiate a best and final price with the highest ranked PROPOSER(S). In addition, the AUTHORITY reserves the right to request additional pricing to perform services.

3.2.3.3 PROPOSER’S Qualification Statement

PROPOSER shall provide a completed Proposer’s Qualification Statement. A series of questions for PROPOSER to provide additional information to include but not limited to the PROPOSER’s business status, and legal matters, if applicable.

3.2.3.4 Project Reference Form

PROPOSER shall provide a completed Project Reference Form for the reference projects. PROPOSER shall list a minimum of one (1) reference facility that processes more than 40,000 tons per year of bottom ash from a waste to energy facility, but no more than five (5) reference facilities, which are owned and/or operated by the PROPOSER, pertinent to past performance.

3.2.3.5 Vendor Acknowledgement Form

PROPOSER shall provide a completed Vendor Acknowledgement Form. The Vendor Acknowledgement Form requires an officer or duly authorized agent, acting with the legal ability to bind the PROPOSER in all respects with regards to the RFP and this representation is made for the express purpose of it being relied upon by the AUTHORITY.

In addition, the Vendor Representative (PROPOSER) has personal knowledge that the following is true and accurate and satisfies all legal requirement as it pertains to: 1) the General Information outlined in this RFP; 2) Drug-Free Workplace; 3) Non-Collusion Certification; 4) Scrutinized List Certification, 5) Conditions for…