CONTRACT FORMS AND SPECIFICATIONS

REHABILITATION OF MANHOLES, SANITARY STATIONS AND WET WELLS – PHASED PROJECTS

ITB NO.: 26-403/DL

OFFICIALS

Vice Mayor Marci Woodward Chair

Gregg K. Weiss Commissioner

Joel Flores Vice Chair

Mayor Maria G. Marino Commissioner

Sara Baxter Commissioner

Bobby Powell Jr.

Secretary

Maria Sachs Commissioner

Ramana Kari, P.E., BCEE Executive Director

Michael W. Jones, Esq.

Attorney Counsel to the Authority

Consulting Engineers:

N/A

Solid Waste Authority of Palm Beach County 7501 North Jog Road

West Palm Beach, Florida 33412

APRIL 2026

TABLE OF CONTENTS

DIVISION 0 – BIDDING REQUIREMENTS

Invitation to Bid Instructions to Bidders Bid Form

CONTRACTING REQUIREMENTS

Form of Contract Public Construction Bond General Conditions of the Construction Contract Supplementary Conditions Index of Drawings

TECHNICAL SECIFICATIONS

DIVISION 01 – GENERAL REQUIREMENTS

GENERAL REQUIREMENTS

SUMMARY OF WORK

CONSTRUCTION SEQUENCE

MEASUREMENT AND PAYMENT

PROJECT COORDINATION

REFERENCE STANDARDS

SPECIAL PROECT PROCEDURES

SAFETY, HEALTH AND EMERGENCY RESPONSE REQUIREMENTS

ENVIRONMENTAL PROTECTION PROCEDURES

PERMITS

APPLICATIONS FOR PAYMENT

CHANGE ORDER PROCEDURES

PROJECT MEETINGS

SUBMITTALS

PROGRESS SCHEDULES

SCHEDULE OF VALUES

MATERIAL AND EQUIPMENT

CONTRACT CLOSEOUT

CLEANING

WARRANTIES AND BONDS

DIVISION 02 – EXISTING CONDITIONS

MONOLITHIC LINING SYSTEM……………………………………

(DIVISIONS 1 & 2 SPECIFICATIONS – SEPARATE DOCUMENTS)

INDEX OF DRAWINGS

Manhole and Wet Well Rehabilitation.......................................................................................... Sheet No. 7 Class I and III Leachate Collection System Details..................................................................... Sheet No. C-7 Class I Leachate Piping Site Plan................................................................................................Sheet No. C-1 Class III Leachate Piping Site Plan .............................................................................................Sheet No. C-2

(DRAWINGS – SEPARATE DOCUMENTS)

SECTION 00050

INVITATION TO BID

REHABILITATION OF MANHOLES, SANITARY STATIONS AND WET WELLS –

PHASED PROJECTS

Sealed Bids will only be accepted electronically through the AUTHORITY’s third-party e-procurement system, Bonfire. Sealed Bids for performing all work in connection with the construction of (Rehabilitation of Manholes, Sanitary Stations and Wet Wells), ITB No.: 26-403/DL will be accepted through the Solid Waste Authority of Palm Beach County (hereinafter called the AUTHORITY or OWNER) third party e-procurement system, Bonfire until 2:00PM prevailing time on Wednesday, May 6, 2026. Bids shall be publicly opened and read aloud immediately thereafter.

Bidders will have the opportunity to be present for the Bid Opening by calling in at the time of the Bid Opening at 1-561- 437-0639, Phone Conference ID 52318076#. Bids received after said time will not be considered.

BACKGROUND INFORMATION

The Solid Waste Authority of Palm Beach County Landfill sites are equipped with thirty-nine (39) manholes in the Class I and Class III landfill leachate collection systems, 7 sanitary pump stations, 4 pump stations in the Class I and Class III landfill leachate collection systems, and 14 detection stations in the Class I and Class III landfill leachate collection systems, all experiencing corrosion and coating failure requiring a complete rehabilitation of these structures.

The proposed work will be contracted to a Contractor, licensed and authorized Warren Environmental products applicator with a minimum of five (5) years’ experience as outlined in Technical Specifications 02767. Also, said Contractor shall provide all labor, materials, equipment and incidentals required to be constructed as detailed in the contract documents.

The overall proposed work includes, but is not limited to the following:

• Rehabilitation of Twenty-six (26) Manholes, Thirteen (13) Detection Stations, Two (2) Pump Stations, Replacement of Eleven (11) Manhole Covers and Rims in the Class I and Class III landfill leachate collection systems, and Five (5) Sanitary Lift Stations including but not limited to cleaning and protective coatings.

This will be a phased project. This contract will be an initial two (2) year period with the option to renew for an additional one (1) year, in the Authority’s sole and unfettered discretion.

All work shall be in accordance with the Plans & Specifications and shall be in compliance with all applicable codes. The work is located in Palm Beach County, Florida.

BIDDERS may obtain bid documents by downloading from the AUTHORITY’S website at www.swa.org through Bonfire.

GENERAL INFORMATION

The AUTHORITY will hold a NON-MANDATORY PRE-BID CONFERENCE ON Wednesday, April 22, 2026, at 10:00am at 7501 North Jog Road, Administration Building, West Palm Beach, Florida, 33412, open to Contractors, Sub-Contractors, and other interested parties, at which time the ENGINEER, if applicable will be present to answer questions and explain the intent of the Bid Documents. Site visit may follow.

Each bid shall be accompanied by a Bid Security in the form of a surety company Bid Bond or physical cashier’s check, drawn upon any State or National Bank in Florida, payable to the Solid Waste Authority of Palm Beach County in an amount not less than five Percent (5%) of the amount of the total Bid. As previously stated, the AUTHORITY is accepting Bids electronically only.

Therefore, Bidders submitting cashier’s check will be required to submit the physical cashier’s check, if applicable, prior to bid submittal to the attention of the purchasing agent listed in the Bid solicitation at 7501 N. Jog Road, West Palm Beach, FL. 33412.

Any Bid received and accompanied by a Bid Security for less than five Percent (5%) of the amount of Bid Price or without a Bid Security will be rejected and returned. Bid Security will be returned to all except the three lowest bidders within ten (10) days after http://www.swa.org/

SECTION 00050

the opening of Bids, and the remaining Bid Securities will be returned within ten (10) days after the AUTHORITY and the awarded BIDDER have executed the Contract, or if no Contract has been awarded, within ninety (90) days after the date of opening of Bids, or upon demand of BIDDER at any time thereafter, so long as BIDDER has not been notified of acceptance of their Bid. The Bid Bond executed by the BIDDERS shall be issued by a Surety Company licensed to do business in the State of Florida and meeting the provisions required by Florida Statute 287.0935.

BIDDERS will be permitted to withdraw their bids at any time prior to Bid Opening. Bids may not be withdrawn for a period of ninety

(90) days after Bid Opening.

BIDDERS shall endeavor to make maximum use of domestic construction materials, and shall comply with OSHA and all federal, state and local laws, ordinances, rules and regulations that in any way affect the work.

The AUTHORITY reserves the right to waive any irregularities and to reject any and all Bids. Contact Diane LeRay, CPPO, CPPB, Purchasing Services by e-mail to dleray@swa.org for further information.

END OF SECTION

mailto:dleray@swa.org

SECTION 00100

INSTRUCTIONS TO BIDDERS

ITB No.: 26-403/DL – Rehab of Manholes, Sanitary - 1 – Stations and Wet Wells

Section 00100

1. EXPLANATION TO BIDDERS

A. Any questions and communications concerning this procurement process must be directed to Diane LeRay, CPPO, CPPB, Procurement Manager at dleray@swa.org. All requests for clarifications and additional information must be submitted in the Question and Answer module in the e-procurement system, Bonfire. The deadline for all inquiries is 5:00PM on Friday, April 24, 2026.

B. Oral explanation given before the submission of bids will not be binding, any interpretation made will be in the form of an addendum. Receipt of all addenda is to be acknowledged by the BIDDERS in their Bid submittal. Previous addenda are deemed received when subsequent addendum/addenda are acknowledged. It is the BIDDER’S responsibility to contact the AUTHORITY in the event that a previous addendum is not received.

C. The Addenda will be sent to all prospective BIDDERS on record. However, it is the BIDDER’S sole responsibility to ascertain, by contacting the AUTHORITY at least five (5) days prior to the Bid Opening date, whether any Addenda to this Bid have been issued, and to properly acknowledge all such Addenda in the Bid response. No addenda will be issued within five (5) days of Bid Opening, unless it is to extend the Bid Opening date.

D. All BIDDERS shall carefully examine the Bid Documents. Any ambiguities or inconsistencies shall be brought to the attention of the AUTHORITY through written communication with the AUTHORITY’s stated Purchasing contact 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. A Sample Form of Contract is included with this Bid. The AUTHORITY anticipates that the final Contract will be in substantial conformance with the Sample Form of Contract; nevertheless, BIDDERS are advised that any contract which may result from the Bid may deviate from the Sample Form of Contract.

E. Terms used in these Instructions to BIDDERS are defined in Section 00700, General Conditions, Article 1 Definitions and Terminology, of the Standard General Conditions of the Construction Contract, herein.

F. It is the responsibility of each BIDDER, before submitting a Bid, to consider federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress, performance or furnishing of the Work.

2. EXISTING CONDITIONS

Each BIDDER shall acquaint himself thoroughly as to the character and nature of the work to be done. BIDDER is urged to visit the site to ascertain pertinent local conditions by inspection and inquiry, such as the location, accessibility, surface and sub-surface conditions and general character of the site, labor conditions and character and extent of existing work within or adjacent thereto, and any other work being performed thereon. Site visits may be conducted at the end of the Pre-bid conference.

3. SPECIFICATIONS

These Specifications do not include proprietary, exclusionary or discriminatory requirements other than those based upon performance, unless such requirements are necessary to test or demonstrate a specific thing or to provide for necessary interchangeability of parts and equipment. Frequently, for demonstrative purposes, at least one brand name or trade name is listed and is followed by the words “or equal”. Omission of the words “or equal” does not preclude the AUTHORITY’S right to accept an alternate item, which meets the full requirements of the specified item. The AUTHORITY, or its authorized representative, further reserves the sole and unfettered right, to determine whether any mailto:dleray@swa.org

ITB No.: 26-403/DL – Rehab of Manholes, Sanitary - 2 – particular item or items of material, equipment or whatsoever is an approved equal, and reserves the sole and unfettered right to a final decision regarding the approval or rejection of same.

4. PREPARATION OF BIDS

A. Submittal of a Bid in response to this Invitation to Bid constitutes an offer by the BIDDER.

B. Each Bid shall be legibly written or digitally typed, submitted on the Bid Form included herewith, and shall be signed by an officer or employee having authority to legally bind the company or firm. If erasures or other changes appear on the form, each erasure shall be signed or initialed by the person signing the Bid. If initialed, the AUTHORITY may require the BIDDER to identify any alteration so initialed. Failure to perform may disqualify the bid at the sole and unfettered discretion of the AUTHORITY.

C. BIDDERS shall quote in words and in numerical figures on all the items in the Bid Form. Failure to do so may disqualify the Bid at the sole and unfettered discretion of the AUTHORITY. Should the words and numerical figures not agree, the words shall govern and the numerical figures shall be disregarded.

D. MISTAKES: BIDDERS are expected to examine the specifications, performance schedule, Bid prices, extensions and all instructions pertaining to the Bid and Scope of Work. 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 addition error(s), the unit price will prevail and the BIDDER’S total offer will be corrected accordingly. Bids having erasures or corrections must be initialed in ink by the BIDDER.

E. All BIDDERS shall refer to Division 0 of this bid package for specific requirements relating to submission of details and other information with their bids.

F. All blank spaces in the Bid Form for the Contract Bid shall be filled. Bids received without all items completed or with changes or modifications to the Bid Documents may be considered non-responsive, and may be completely rejected at the AUTHORITY’S sole and unfettered discretion.

G. Complete sets of Bidding Documents shall be used in preparing Bids; neither AUTHORITY nor ENGINEER assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents, by BIDDERS or their sub-bidders.

H. AUTHORITY and ENGINEER in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use.

I. BIDDERS shall not supply inaccurate, misleading, or exaggerated information as such may cause the BIDDER to be disqualified from consideration.

5. 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) Office to ensure that all segments of its business population, including, but not limited to small, local, businesses, have an equitable opportunity to participate in the AUTHORITY’S procurement process. Refer to Section 6.1 through 6.4 of the Purchasing Manual, which are hereby incorporated herein by specific reference. The AUTHORITY’s Purchasing Manual is available at SWA Purchasing Manual. It is the intention that the BIDDER review and understand these provisions. By submitting a Bid, it shall be considered a determinative acknowledgment that the BIDDER has done so and fully understands these provisions and agrees that all are acceptable. 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) which will be outlined in detail in the Instruction to Bidders, Item 6 “Small Business Enterprise (SBE) Participation” located herein.

Failure to meet the API requirement will deem the BIDDER’S response as non-responsive.

https://www.swa.org/DocumentCenter/View/4275/Purchasing-Manual-012721

ITB No.: 26-403/DL – Rehab of Manholes, Sanitary - 3 –

C. CONTRACTOR / VENDOR WAIVER REQUEST:

1. If a BIDDER is unable to comply with the API requirements of this solicitation, BIDDER shall submit a request for a waiver or partial waiver at the time the Bid is due. The waiver request shall include specified documentation which demonstrates a Good Faith Effort (as defined in the Purchasing Manual, as incorporated herein) to comply with the requirements as described under the selected API. BIDDER shall use the Subcontracting Goal – Waiver Request for this waiver request that shall constitute part of the bid submittal. To assist in documenting Good Faith Efforts, submittal of the Good Faith Effort Documentation Form is required.

2. Post-Award Vendor Subcontracting Waiver Request – (See document in Section 00300, herein) If, after award of a contract, the contractor is unable to meet the participation requirements for SBEs specified at response submittal, the contractor must seek substitute or additional SBEs to fulfill the requirements; the requested substitution must be approved by the Director of the EBO Office or designee and the Originating Department Director or designee. If, after reasonable Good Faith Efforts, the contractor is unable to find an acceptable substitute or additional SBE, a post-award waiver may be requested. The request shall document the reasons for the contractor’s inability to meet the goal requirement. In the event the contractor is found not to have performed Good Faith Efforts in its attempt to find a suitable substitute for the initial SBE proposed utilization, the contract may, in the AUTHORITY’S sole and unfettered discretion, be terminated for material breach. If the AUTHORITY terminates the contract, the AUTHORITY may then award the contract to the next lowest Responsible and Responsive BIDDER or, in the alternative, re-solicit the contract with the terminated vendor being disqualified from participation in the re-solicitation, or any other means at the sole and unfettered discretion of the AUTHORITY. If requesting a post-award vendor subcontracting waiver, the vendor must request waiver of a specified subcontracting goal by submitting a Post-Award Vendor Subcontracting Waiver Request.

Documentation and supporting evidence of all Good Faith Efforts made to comply with the subcontracting goal must also be submitted.

6. SMALL BUSINESS ENTERPRISE (SBE) PARTICIPATION:

A. The Governing Board of the AUTHORITY (BOARD) 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. Refer to Section 6 of the Purchasing Manual, is incorporated herein. Small Business Enterprise (SBE) is hereby mentioned as (“SBE”) in the bid solicitation.

B. In accordance with Section 6.1 through 6.4 of the Purchasing Manual, as incorporated herein, the AUTHORITY has not applied an Affirmative Procurement Initiative (API) for this Procurement. The AUTHORITY does, however, encourage SBE participation. For information on the Economic Inclusion Policy and Procedures, please contact the EBO Office at 561-640-4000 x4549 or visit www.swa.org/EBO.

C. An Awarded BIDDER shall register as a vendor with the AUTHORITY prior to contract execution and/or maintain active status in the AUTHORITY’S Vendor Registration System. To register as a vendor, visit www.swa.org/vendor.

7. DELIVERY OF BID FORMS

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

B. BIDDER shall submit the following in response to: ITB No.: 26-403/DL – REHABILITATION OF MANHOLES, SANITARY STATIONS AND WET WELLS – PHASED PROJECTS

1. Bid Form (Price)

2. Trench Safety Act

3. Performance Experience Forms

4. Bid Security: surety bond, or cashier’s check, or Power of Attorney (for surety bond only)

5. Authority to Execute

6. Vendor Acknowledgement Form http://www.swa.org/EBO http://www.swa.org/vendor

ITB No.: 26-403/DL – Rehab of Manholes, Sanitary - 4 –

C. Failure to submit the above requested information with Bid submission may result in the Bid submission being deemed to be non-responsive and 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.

D. BIDDER shall assume full responsibility for timely submittal through the AUTHORITY’s third-party e-procurement system, Bonfire.

E. Oral, facsimile, telephone or telegraph Bids are invalid and will not receive consideration.

F. No BIDDER may submit more than one Bid on the Contract. Multiple Bids under different names will not be accepted from any one firm or association.

8. PRIOR TO AWARD RECOMMENDATION

A. All BIDDERS shall submit pertinent information to substantiate that:

1. BIDDER maintains a permanent place of business;

2. BIDDER shall produce satisfactory evidence that BIDDER holds valid state, county and local licenses or certificates of competency covering all operations and all areas of political jurisdiction involved in the work of this Contract;

3. BIDDER has adequate resources and equipment to do the work properly and expeditiously;

4. BIDDER has suitable financial resources to meet the obligations of the work as they come due;

5. BIDDER has appropriate successful contractual and technical experience in similar work as described in the

Bid;

6. BIDDER shall submit at least three (3) example projects in similar work as described in the Bid. The BIDDER shall provide this information using the Project Experience Form (pp. 00300-10 to 00300-12; one form per project) along with resumes of Project Manager and Superintendent. This evidence shall indicate that the BIDDER will have sufficient, competent and experienced personnel to carry out the operations specified;

7. If BIDDER assigns a different (than indicated on the Project Experience Forms) Project Manager and/or

Superintendent to the project, BIDDER shall submit updated Project Experience Forms and resumes prior to Notice to Proceed (NTP). Project Experience Forms shall indicate that the assigned Project Manager and Superintendent meet the experience requirements listed above.

8. The BIDDER’S SBE status and/or SBE Participation Schedule shall be reviewed at this time.

B. Failure to submit the above requested information with Bid submission or within five (5) days of request may be deemed to be non-responsible and may be caused for rejection of your Bid. Information previously submitted to the AUTHORITY in response to another Invitation to Bid shall not satisfy this requirement.

C. The lowest responsive BIDDER(s) shall be prepared to discuss with the AUTHORITY the manner in which they propose to conduct their work in compliance with all Bid requirements.

9. DISPUTES:

With respect to a protest of the terms, conditions, and specifications contained in this solicitation, including any provisions governing the methods of awarding bids, ranking proposals, or replies, awarding contracts, reserving the rights of further negotiation, or modifying or amending any contract, the notice to 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 award recommendation, in accordance with Section 00100, Instruction to Bidders, Item 18 “Posting and Recommendation” herein. Any Bidder who is adversely affected by the AUTHORITY’s 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.

ITB No.: 26-403/DL – Rehab of Manholes, Sanitary - 5 –

These procedures are available upon request from the AUTHORITY.

10. AWARD OF CONTRACT

A. The Contract, if awarded, will be awarded by the AUTHORITY to the lowest responsive and responsible BIDDER(s), that is a Warren Environmental product authorized applicator, with a minimum of five (5) years’ experience performing this type of specialized work as defined elsewhere in this Bid. Bid Forms, BIDDER qualifications and other factors will be considered. The AUTHORITY is therefore not bound to award a Bid on the basis of lowest Aggregate total for Sections 1 through 4 on the Bid Form. Bids received after time and date for receipt of Bids may be returned unopened.

B. The contract shall be for a term of an initial two (2) year period with an additional one (1) year renewal in the

Authority’s sole and unfettered discretion.

C. The AUTHORITY reserves the unqualified right, in the AUTHORITY’S sole and unfettered 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. If the Contract is awarded, the AUTHORITY will give the successful BIDDER a Notice of Award within ninety (90) days after the date of the Bid Opening. Extensions of time when Bids shall remain open beyond the ninety (90) day period may be made only by mutual agreement between the AUTHORITY, the Successful BIDDER, and the surety, if any, for the Successful BIDDER.

E. If the BIDDER to whom the Contract is awarded does not execute the Contract and furnish the required insurance, public construction bond, and other required documentation within twenty-one (21) days of the date of Notice of Award, the BIDDER shall be in default and, at the AUTHORITY’S discretion, the Bid Security shall be paid to the AUTHORITY as liquidated damages and the AUTHORITY shall have the right to award the Contract to another BIDDER. The BIDDER agree with the AUTHORITY that the amount of Bid Security fairly and reasonably represents the amount of damages the AUTHORITY will suffer due to failure of the BIDDER to fulfill their obligations required herein.

11. CONTRACT AND PUBLIC CONSTRUCTION BOND

A. The BIDDER to whom an award is made shall, within the time established in the Bid, enter into a written Contract with the AUTHORITY and should the amount of the contract exceed $200,000 shall simultaneously furnish to the AUTHORITY an executed Public Construction Bond in the amount of one hundred percent (100%) of the Contract amount. Such surety bond shall be on the form included herewith, conditioned on the faithful performance of the Contract and on the payment of all persons supplying labor and furnishing materials for the Work as required by the applicable laws. The Bond shall be maintained in full force for a period of one year after date of final completion and acceptance, as a guarantee that the CONTRACTOR will make good any faults or defects in the work arising from improper or defective workmanship or materials which may appear during the period. The surety company acting as surety shall: (a) appear and remain on the Treasury Department’s most current list (Circular 570 as amended) during construction, guarantee and warranty periods; (b) be licensed to act as surety in the State of Florida; (c) be a surety company fulfilling the provisions of Florida Statue 287.0935, and (d) be subject to the AUTHORITY’S approval. Should the surety company become insolvent during the term of the Contract or during construction, guarantee and warranty periods, CONTRACTOR shall provide an alternate bond, acceptable to the AUTHORITY, within twenty-one (21) days from the date CONTRACTOR is notified of said insolvency, by any party.

B. Pursuant to the requirements of Section 255.05, Florida Statute, as may be amended from time to time, CONTRACTOR shall ensure that the bond(s) referenced above shall be recorded in the public records of Palm Beach County and provide the AUTHORITY with evidence of such recording. The AUTHORITY shall not be obligated to make a payment to the CONTRACTOR until the CONTRACTOR has complied with this paragraph.

ITB No.: 26-403/DL – Rehab of Manholes, Sanitary - 6 –

12. SUBMITTALS REQUIRED FROM CONTRACTOR

The following submittals shall be required to be provided by the CONTRACTOR to the AUTHORITY at the time of submittal of the Contract to the AUTHORITY for further execution:

A. Original or certified copy of Certificate of Insurance with all required endorsements/stipulations B. Public Construction Bond for projects in excess of $200,000 C. Any other required documentation as stated in the Specifications or drawings

13. NOTICE TO PROCEED

A Notice to Proceed will be issued by the AUTHORITY in accordance with the General Conditions of the Contract. The date of commencement of work shall be the start date as indicated in the Notice to Proceed.

14. PRE-WORK CONFERENCE

A Pre-Work Conference will be held amongst the AUTHORITY, the ENGINEER, the successful CONTRACTOR and any other interested parties after award of the Contract but before any work is commenced.

15. SAFETY AND HEALTH REGULATIONS

CONTRACTOR must comply with all applicable Department of Labor, Safety and Health Regulations for construction promulgated under the Occupational Safety and Health Act of 1970 (PL91-956) and under Section 107 of the Contract Work Hours and Safety Standard Act (PL91-54).

16. DRUG FREE WORK PLACE

Preference shall be given to businesses with 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 DFW form certifying that it is a DFW shall be given preference in the award process.

17. PUBLIC ENTITY CRIMES

Pursuant to Section 287.133(3)(f), 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 on a Contract to provide any goods or services to a public entity, may not submit a bid on a Contract with a public entity for the construction or repair of a public building or public work, may not submit bids 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 from the date of being placed on the convicted vendor list.

18. POSTING AND RECOMMENDATION

Recommendation for award will be posted for review by interested parties on the AUTHORITY’S website at www.swa.org on Bonfire (the e-procurement platform) for a period of five (5) days. Failure to file a 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 E-Mail or other means deemed timely by the BIDDER.

19. CONE OF SILENCE

19.1 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 http://www.swa.org/

ITB No.: 26-403/DL – Rehab of Manholes, Sanitary - 7 – 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, and 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 person(s) listed in this subsection regarding a particular competitive solicitation is strictly prohibited.

19.2 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.

19.3 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.

19.4 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 19.7 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.

19.5 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 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.

19.6 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.

19.7 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.

19.8 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.

19.9 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.

20. LOCAL PREFERENCE QUALIFICATION

In order to qualify for local preference, the BIDDER must have all of the following a minimum of one (1) year prior to the solicitation: a) its headquarters or branch office located within Palm Beach County; b) been incorporated or a legally begun business and fully licensed; and c) a valid Business Tax Receipt issued by the Palm Beach County Tax Collector that will be used to verify that the BIDDER had a permanent place of business one (1) 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 submittal at the time bids are due. 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 BIDDER's office must be of a permanent nature not temporary or transient and may include home offices. For a home office to qualify, it must meet all necessary legal requirements for such office, and in the event a mobile home is used as a home office, it must be without wheels and permanently affixed to the land. The BIDDER’s office shall be fully staffed with personnel including at least one (1) of those assigned to the AUTHORITY’s

ITB No.: 26-403/DL – Rehab of Manholes, Sanitary - 8 – projects, office furniture, office equipment, and, if applicable, professional equipment/computers as required by the type of work to be performed. Additional information or documentation, including a site visit by AUTHORITY staff, may be required to confirm a local presence sufficient to qualify and receive a Local Preference. The BIDDER will be required to maintain said office, or other AUTHORITY approved offices, for the entire term of the contract. Failure to submit this information may cause the firm not to be qualified under this Section to receive a Local Preference.

21. PREFERENCE APPLICATIONS

The BIDDER who meets the qualifications for Local Preference (above) and whose bid is within 5% of the low BIDDER who does not meet those qualifications, may be granted an opportunity to offer a best and final bid 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.

22. SCRUTINIZED COMPANIES

A. As provided in F.S. 287.135, by entering into this Contract or performing any work in furtherance hereof, the BIDDER 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 BIDDER, 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 submitted 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 BIDDER 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 BIDDER, 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 submitted at the time of Contract renewal.

23. PUBLIC RECORDS

Sealed bids, proposals, or replies received by the AUTHORITY pursuant to a competitive solicitation are exempt from s.

119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the AUTHORITY provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever is earlier.

24. COMMERCIAL NONDISCRIMINATION 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, 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 the relevant marketplace for Palm Beach County.

B. Policy Implementation:

The EBO Office shall implement this policy by periodically conducing 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

ITB No.: 26-403/DL – Rehab of Manholes, Sanitary - 9 – 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 marketplace discrimination that have occurred or are occurring in the AUTHORITY’s relevant marketplace in Palm Beach County. 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.”

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

“The undersigned Bidder hereby certifies and agrees that the following information is correct:

In preparing its response on this project, the BIDDER has considered all proposals submitted from qualified, potential Subcontractors and suppliers, and has not engaged in "discrimination" as defined in the Commercial Nondiscrimination Policy as described under its Purchasing Manual – Economic Inclusion Policy and Procedures, Section 6.3.

25. 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 being the successful BIDDER to this Invitation to Bid, and no language in these Bid documents or the contract awarded pursuant to this Invitation to Bid should be construed as creating a third party beneficiary.

26. E-VERIFY – EMPLOYMENT ELIGIBILITY

BIDDER warrants and represents that it is in compliance with Section 448.095, Florida Statutes, as may be amended.

No later than January 1, 2021, BIDDER 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 BIDDER’s contractors and subcontractors 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 BIDDER has knowingly violated

Section 448.09(1), Florida Statutes as may be amended.

27. 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.

ITB No.: 26-403/DL – Rehab of Manholes, Sanitary - 10 –

28. NON-GOVERNMENTAL ENTITY HUMAN TRAFFICKING:

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

END OF SECTION

SECTION 00300

BID FORM

ITB No.: 26-403/DL – Rehab of Manholes, Sanitary - 11 –

Section 00300

TO: SOLID WASTE AUTHORITY OF PALM BEACH COUNTY

FROM: ______________________________________________________________________________ (Bidder)

THE UNDERSIGNED BIDDER, having familiarized her/himself with the work required by the Bid Documents, the site where the Work is to be performed, local labor conditions and all laws, regulations, and other factors affecting performance of the Work, and having satisfied her/himself of the expense and difficulties attending performance of the Work;

HEREBY PROPOSES and agrees, if this Bid for Rehabilitation of Manholes, Sanitary Stations and Wet Wells – Phased Projects is accepted, to enter into a Contract in the form attached, to perform all Work, including the assumption of all obligations, duties and responsibilities necessary to the successful completion of the Contract, and to furnish all materials and equipment required to be incorporated in and form a permanent part of the Work, including tools, equipment, supplies, transportation, facilities, labor, superintendence and services required to perform the Work;

and to supply all required bonds, insurance and submittals; all as indicated or specified in the Bid Documents to be performed or furnished by CONTRACTOR.

This will be an initial (2) year contract with the option of an additional one (1) year renewal upon review and approval of the AUTHORITY in its sole and unfettered discretion. BIDDER hereby agrees to commence and complete work under this Contract based on each Phased Project, on the milestone dates indicated in each Notice to Proceed and/or Purchase Order issued by the AUTHORITY, as a result of this Bid.

The Contract Time commences to run for substantial completion and for final completion as provided in paragraph 2.03A of the Supplementary Conditions (Section 0800). BIDDER further agrees to forfeit and pay Owner as liquidated damages for delay, the sum of (to be determined based on each phased project) for each consecutive day that expires after the Contract Time specified herein for substantial completion and the sum of (to be determined based on each phased project) for each consecutive day that expires after the Contract Time specified for final completion.

These amounts represent a reasonable estimate of Owner’s expenses for extended delays and for inspection, engineering services and administrative costs associated with such delays. The time periods for substantial completion and for final completion are based on forty-hour work weeks. CONTRACTOR may extend work hours to achieve timely completion with approval of Owner. CONTRACTOR agrees to pay to Owner any and all additional costs for engineering, inspection, or testing incurred by Owner and which result from extended hours or weekend work.

BIDDER represents and hereby states that BIDDER and BIDDER’S subcontractors are familiar and capable to perform such construction.

Method of Award is based on the lowest aggregate Grand Total for Sections 1 through 5.

ITB No.: 26-403/DL – Rehab of Manholes, Sanitary - 12 –

The full names and addresses of parties interested in this Bid as principals are as follows:

Name: Name:

Address: Address:

City/State/Zip: City/State/Zip:

BIDDER understands that the AUTHORITY reserves the right to reject any and all Bids and to waive any irregularity in bidding.

BIDDER agrees that the AUTHORITY may reduce or delete any work items as deemed necessary. Such reduction or deletion of work items shall not constitute a basis for withdrawal of this Bid.

The BIDDER agrees that this Bid shall be good, and may not be withdrawn for a period of ninety (90) days after Bid Opening.

BIDDER hereby acknowledges receipt of the following Addenda:

ADDENDUM DATE SIGNATURE OF PERSON SIGNING BID

1.

2.

3.

ITB No.: 26-403/DL – Rehab of Manholes, Sanitary - 13 –

The Bid Security attached in the sum of 5% of Bid Price is to become the property of the AUTHORITY in the event the required Bonds, Insurance and other requested documentation are not provided, and the Contract is not executed within the time above set forth, as liquidated damages for the delay and additional expenses to the AUTHORITY caused thereby.

BIDDERS must bid on all items to be considered responsive to the method of award.

Method of Award is based on the lowest total aggregate amount for Sections 1 and 2

(Grand Total for Both Items).

SECTION 1 - GENERAL - MOBILIZATION/DEMOBILIZATION

Item No.

Ref. of Drawings

Description of Work to be Performed Quantity Unit of

Measure Unit Price Total Price

1 Mobilization/Demobilization 1 Lot $_________ $_________

TOTAL SECTION 1 (MOBILIZATION/DEMOBILITATION): $____________

SECTION 2 - REHABILITATION OF MANHOLES

Item No.

Ref. of Drawings

Description of Work to be Performed Quantity Unit of

Measure Approx.

Depth ft.

Unit Price Total Price

1 C1 Rehabilitation of Manholes 1 Each 17.18 $________ $_________ 2 C1 Rehabilitation of Manholes 1 Each 15.42 $________ $_________ 3 C1 Rehabilitation of Manholes 1 Each 15.23 $________ $_________ 4 C1 Rehabilitation of Manholes 1 Each 12.79 $________ $_________ 5 C1 Rehabilitation of Manholes 1 Each 14.25 $________ $_________ 6 C1 Rehabilitation of Manholes 1 Each 14.63 $________ $_________ 7 C1 Rehabilitation of Manholes 1 Each 16.17 $________ $_________ 8 C1 Rehabilitation of Manholes 1 Each 15.61 $________ $_________ 9 C1 Rehabilitation of Manholes 1 Each 14.01 $________ $_________

10 C1 Rehabilitation of Manholes 1 Each 13.18 $________ $_________ 11 C1 Rehabilitation of Manholes 1 Each 13.92 $________ $_________ 12 C1 Rehabilitation of Manholes 1 Each 16.7…