3-03 - 26-04 - SPECIAL TERMS AND CONDITIONS.pdf

SPECIAL TERMS AND CONDITIONS

BID NO.: 26-04/AL

SALE OF SURPLUS LEAD ACID BATTERIES FOR RECYCLING

54. PURPOSE

A. The purpose of this solicitation is to obtain firm fixed pricing and establish a contract to provide the pickup, and transportation of lead acid batteries to a permitted recycling or reclamation facility for the Solid Waste Authority (AUTHORITY) of Palm Beach County as specified herein.

B. The AUTHORITY collects spent lead acid batteries through its Household Hazardous Waste Collection Program. Batteries are collected and accumulated at two (2) AUTHORITY-owned facilities for eventual recycling. Batteries are received from residents, small businesses, and other agencies

C. This is a REVENUE GENERATING CONTRACT.

55. AWARD

A. Award will be made to the responsive responsible bidder offering the highest price per pound to be paid to the AUTHORITY for pickup, transportation and recycling of lead acid batteries subject to the terms and conditions herein.

B. The AUTHORITY reserves the right to make a primary, secondary, and tertiary award. The lowest, responsive, responsible Bidder meeting specifications, and special terms and conditions shall be the primary awardee. The next lowest Bidder(s) meeting specifications, and special terms and conditions shall be secondary and tertiary awardees. The AUTHORITY will give the primary awardee the first opportunity to provide all services. If the primary awardee cannot provide the requested services meeting specifications, and special terms and conditions, the secondary or tertiary awardee will be contacted to provide the requested services meeting specifications, and special terms and conditions. More than two (2) occurrences of failure to provide services as requested may be deemed as a default of 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(s) shall register and/or maintain active status in the AUTHORITY’s Vendor Registration System. To register as a vendor please visit www.swa.org/vendor.

56. TERM OF CONTRACT

A. The initial contract prices resultant from this solicitation shall prevail over 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 terms of this extension period.

57. OPTION TO RENEW FOR ONE ADDITIONAL YEAR

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.

58. QUALIFICATION OF BIDDERS

A. This Bid shall be awarded only to a responsible BIDDER qualified to provide the work specified. The BIDDER shall submit the following information with the proposal.

http://www.swa.org/vendor

• Bidders Qualification Statement - Experience record showing the BIDDER’s training and experience in similar work.

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

• Equipment - List of Equipment and Facilities available to do the work.

• Certifications, Licenses, Permits and Local Business Tax Receipts

B. Failure to submit the above requested information with proposal, 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 proper (single proprietorship, partnership, corporation, or joint venture) responding to this solicitation. It shall not mean the experience of individual employee(s).

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 does encourage Small Business Enterprises (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. Awarded Bidder shall register and/or maintain active status in the AUTHORITYS Vendor Registration System. To register as a vendor, visit www.swa.org/vendor

61. BID SUBMITTAL

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

62. LICENSES AND PERMITS

A. It shall be the responsibility of the successful BIDDER to obtain, at no additional cost to the AUTHORITY, any and all licenses and permits required to complete this contractual service. A copy of these licenses and permits shall be submitted to the AUTHORITY prior to commencement of work, if applicable.

63. EQUITABLE ADJUSTMENT

A. The AUTHORITY may, in its sole discretion, make an equitable adjustment in the Contract Terms and conditions and/or pricing. If pricing or availability of supply is affected by extreme or unforeseen volatility in the marketplace that satisfy all the following criteria: 1) the volatility is due to causes wholly beyond the successful BIDDER’s control; 2) the volatility affects the marketplace or industry, not just the particular successful BIDDER’s source of supply; 3) the effect on pricing or availability of supply is substantial; and 4) the volatility so affects the successful BIDDER that continued performance of the Contract would result in substantial loss. Any adjustment would require irrefutable evidence and written approval by the Director of Purchasing Services.

64. SUB-CONTRACTING

A. No Sub-Contracting is authorized.

http://www.swa.org/EBO

65. QUANTITY ESTIMATED

A. The quantities shown are estimated. The AUTHORITY reserves the right to increase or decrease the total quantities as necessary to meet actual requirements.

66. METHOD OF ORDERING

A. Product(s) shall be ordered via individual purchase orders on an "as-needed" basis or Blanket orders.

67. PAYMENT INFORMATION

A. Payments to the AUTHORITY will be made monthly. The awarded BIDDER shall provide all original weight tickets and/or written receipts from each pickup location(s) and a single statement for the combined payment amount for all locations. Checks must be payable to the “Solid Waste Authority of PBC” and shall be sent to Solid Waste Authority of Palm Beach County, Attention:

Accounts Receivable, P.O. Box 24693, West Palm Beach, FL 33416-4693.

B. Payments submitted as a result of this Bid must contain the following information.

• Check in the total amount for pick-up, transportation and recycling of Lead Acid Batteries.

• Purchase Order or Blanket Order Number.

• Bid Number.

• Date of Service.

• Load Ticket with the net weight of batteries picked up.

• Battery Type(s).

• Amount paid based on the Unit Price as established in this contract.

C. If applicable, payments to the AUTHORITY for materials will be made monthly on company check.

68. RIGHT TO TERMINATE

A. In the event that any of the provisions of the contract are violated by the successful Bidder, the AUTHORITY shall serve written notice upon such Bidder of its intention to terminate the contract. Such notice is to state the reason(s) for such intention to terminate the contract.

The liability of the Bidder for any and all such violation(s) shall not be affected by any such termination.

69. CODES AND REGULATIONS

A. The vendor must strictly comply with all Federal, State and Local building and safety codes.

70. SAFETY

A. The awarded Bidder shall be responsible for conducting the work in a manner that ensures the safety of residents, employees, visitors, and the awarded Bidder’s employees. It shall be the responsibility of the awarded Bidder to install the appropriate barriers and temporary signs to ensure a safe and secure work site.

B. The awarded Bidder shall outfit its employees with proper and adequate safety gear and clothing, and shall be responsible for providing its employees with proper identification so that they are not confused with AUTHORITY employees.

C. All safety wear and supplies provided by the awarded Bidder must meet federal, state, county, city and local regulations and laws, as may be applicable.

71. DEADLINE FOR QUESTIONS

A. In accordance with General Terms and Conditions, GTC item #11, “Interpretations”, any questions concerning the intent, meaning and interpretations of the Bid Documents shall be requested in writing, and received by the AUTHORITY at least five (5) days prior to the Bid Opening. Therefore, the deadline for all questions is Wednesday, October 22nd, 2025, by close of business.

72. PROTECTION OF PROPERTY

A. The successful BIDDER shall at all times guard against damage or loss to the property of the AUTHORITY or of other vendors or

Contractors and shall be held responsible for replacing or repairing any such loss or damage. The AUTHORITY may withhold payment or make such deductions as deemed necessary to insure reimbursement or replacement for loss or damage to property through negligence of the successful BIDDER or his agents.

73. DEBRIS

A. The successful BIDDER shall be responsible to ensure frequent pick-up of all refuse, rubbish, scrap materials, and debris that result from their operations so that the work site presents a neat and orderly appearance at all time.

74. DAMAGE TO AND/OR PRIVATE PROPERTY

A. Extreme care shall be taken to safeguard all existing facilities, site amenities, utilities, irrigation systems, windows, and vehicles on or around the job site. Damage to public and/or private property shall be the responsibility of the Contractor and shall be repaired and/or replaced in equal or better condition at no additional cost to the AUTHORITY. The Contractor shall use all means to protect existing objects, structures and vegetation designated to remain. In the event of damage, immediately make all repairs, replacements and dressings to damaged materials, to the approval of the AUTHORITY, at no additional cost to the AUTHORITY.

In the event damage to public and/or private property, the Contractor shall immediately contact the AUTHORITY’s assigned project manager and inform the appropriate staff member about the location and extent of the damage.

75. CHARACTER OF WORKMEN AND EQUIPMENT

A. All equipment and workmen provided by the Contractor for the work specified herein, shall be the best available for the kind of work being performed. Any person employed by the Contractor whom the AUTHORITY may deem temporarily or permanently incompetent or unfit to perform work, shall under written instruction of the AUTHORITY to be removed from the job, and such person shall not be employed on the work.

B. Failure by the Contractor to provide adequate equipment may result in annulment of this contract as herein provided.

76. PURCHASING AGENT

A. All questions and communication concerning this procurement process must be directed to Mr. Angel Lopez, Buyer, Purchasing

Services. All requests for clarifications or additional information must be submitted in writing via electronic mail to alopez@swa.org.

77. AREA REPRESENTATIVE

A. BIDDER must indicate in space provided on the Bid Proposal Form the name, address, telephone number, and e-mail address, if available, of the vendor’s representative who will be available upon request to resolve delivery and billing problems.

78. LAWS TO BE OBSERVED

A. In the execution of this contract, the CONTRACTOR shall exercise care to see that all Federal, State, County and Municipal laws, ordinances or regulations are observed, both by himself and his/her direct or indirect employees. He shall take reasonable care at all times to ensure that proper protection of personnel involved is provided.

79. INDEMNIFICATION

A. 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.

mailto:alopez@swa.org

80. INSURANCE REQUIRED

A. The BIDDER(S) shall, at its sole expense, obtain and maintain insurance reflecting the minimum amounts and conditions specified in the Insurance Requirements Checklist. If the BIDDER(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 BIDDER’(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 (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 AUTHORITY’S review or acceptance of insurance maintained by BIDDER(S) are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by BIDDER(S) under this Agreement. In the event that sub-contractors used by the BIDDER(S) do not have insurance, or do not meet the insurance limits, BIDDER(S) 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.

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