4-03 - 27-02 - SPECIAL TERMS AND CONDITIONS.pdf

SPECIAL TERMS AND CONDITIONS

BID NO.: 27-02/AL

Cleaning Services for Grease Traps, Building and Storm Drain Lines, Lift Stations, and Wastewater Tanks

55. PURPOSE

A. The purpose of this solicitation is to establish a term contract and to obtain firm fixed pricing for CLEANING SERVICES FOR GREASE TRAPS, BUILDING AND STORM DRAIN LINES, LIFT STATIONS AND WASTEWATER TANKS on an “as-needed” basis to support the operation of the Solid Waste Authority of Palm Beach County (AUTHORITY) in conjunction with the specifications within this solicitation.

56. AWARD

A. Award will be made to the lowest, responsive, responsible Bidder(s) subject to the terms and conditions herein. Award will be based on the lowest bid on a LOT-BY-LOT BASIS. BIDDER with the lowest cost in the aggregate for each Lot will be deemed as the lowest priced responsive BIDDER. BIDDER must submit pricing on all line items within a Lot to be considered for award of that Lot.

B. The AUTHORITY reserves the right to make a primary, secondary and tertiary award. The lowest, responsive, responsible Bidder

(for each LOT) meeting specifications, and special terms and conditions shall be the primary awardee. The next lowest Bidders (for each LOT, respectively) meeting specifications, and special terms and conditions shall be secondary and tertiary awardees. The AUTHORITY will give the primary awardee (for each LOT) 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 (for each LOT respectively) 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. The Awarded Bidder must be a Certified Small/Minority/ Women Business Enterprise (S/M/WBE) in accordance with the Equal

Business Opportunity Program Economic Inclusion Policy and Procedures as defined in the Purchasing Manual. Awarded Bidder must perform a “Commercially Useful Function” on this contract.

E. 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.

57. TERM OF CONTRACT

A. The initial contract prices resultant from this solicitation shall prevail for a three (3) year period from the contract’s initial effective date, with an option to renew for an additional three (3) 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.

58. 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.

http://www.swa.org/vendor

59. 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.

• Bidder must detail and demonstrate that they have been in business providing similar services for a minimum of the last three (3) years. (BQS 1-3)

• List and provide a brief description of similar work satisfactorily completed with location, dates of contracts, names, addresses and phone numbers of owners. (REF 1-2)

• List of Equipment and facilities available to do the work. (EQUIP-1)

• Certifications, Licenses, Permits and Local Business Tax Receipts

• List of Employees Certified to Perform confined space work (LOT 1 ONLY)

• Up-to-date confined space certificates for employees certified to perform confined space work (LOT 1 ONLY)

• Facilities inspection locations and contacts list

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).

60. EQUAL BUSINESS OPPORTUNITY PROGRAM

A. The Governing Board of the AUTHORITY has implemented the Economic Inclusion Policy and Procedures administered by the Equal

Business Opportunity (EBO) Program to ensure that all segments of its business population, including, but not limited to local and small business, have an equitable opportunity to participate in the AUTHORITY’s procurement process as described in the Purchasing Manual, as incorporated herein. Program tool and solicitation incentives are hereby referred to as the Affirmative Procurement Initiative

(API).

B. The EBO Program has determined that no API shall be applied to this procurement. The AUTHORITY does encourage Small Business Enterprise (SBE) participation in Solid Waste Authority (SWA) procurements. For information on the Economic Inclusion Policy and Procedures, please contact the EBO Office at 561-640-4000 extension 4549 or visit www.swa.org/EBO.

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

61. BID SUBMITTAL

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

62. 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.

http://www.swa.org/EBO

63. 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. All required licenses shall remain valid and in effect for the duration of the Contract period.

64. EXAMINATION OF FACILITIES AND EQUIPMENT

A. Prior to submitting a bid, it is required that the Bidders visit the site of the proposed work and become familiar with any conditions which may in any manner affect the work to be done or affect the equipment, materials and labor required. Bidders are also advised to examine the specifications or equipment and become thoroughly aware regarding any and all conditions and requirements that may in any manner affect the work to be performed under the contract. No additional allowance will be made because of lack of knowledge of these conditions. To schedule a visit, please submit a request to the Authority representative(s) shown on the Facilities Inspection Form

(EXHIBIT-1).

B. All Bidder’s must complete the Inspection of Facilities Verification Form (EXHIBIT-1) and upload in EUNA.

65. METHOD OF ORDERING

A. Service shall be ordered via individual purchase orders on an "as-needed" basis or Blanket orders. Invoices must be submitted against each individual purchase order or blanket purchase order release.

66. 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.

67. INVOICE INFORMATION

A. Invoices submitted as a result of this Bid, must contain the following information.

1. Purchase Order or Blanket Order Number

2. Bid Number and Lot

3. Fully Completed Job Log Form (EXHIBIT-3) as directed by Authorized AUTHORITY employee.

4. Deductions for any breaks taken.

5. AUTHORITY disposal ticket(s) or as directed, disposal tickets at a facility selected by the Awarded Bidder.

6. Description of services at bid rate(s)

7. Fully Completed Safety/Check-in Time Sheet (EXHIBIT-4) with Signature by authorized AUTHORITY employee as directed.

B. It is the awarded Bidder’s responsibility to submit invoices in accordance with this Contract. Once the Authority receives a properly executed invoice, with all supporting documentation, the invoice(s) shall be paid. The Authority pays thirty (30) days AFTER receipt of a properly executed invoice.

C. The above payment terms and conditions are agreed to by submitting an offer on this bid.

68. SUB-CONTRACTING

a. NO Sub-Contracting is authorized.

69. 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.

70. 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 of damage to public and/or private property, the Contractor shall immediately contact the AUTHORITY’s Grounds Supervisor by telephone at 561- 319-4864 or the assigned project manager and inform the appropriate staff member about the location and extent of the damages.

71. DEBRIS

A. The Awarded Contractor shall be responsible for the prompt and complete removal of all debris which is a result of this contractual service.

72. CODES AND REGULATIONS

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

73. FAILURE TO PERFORM

A. If, in the opinion of the AUTHORITY’S representative, the successful BIDDER refuses to begin work, improperly perform said work, or shall neglect or refuse to take out or rebuild such work, as shall have been rejected as being defective or unsuitable, then AUTHORITY’S representative may notify the successful BIDDER to repair and replace work immediately or discontinue all work under this Contract.

B. If at any time the AUTHORITY’S representative shall be of the opinion that the said work is being unnecessarily delayed and will not be finished within the prescribed time; then AUTHORITY’S representative may notify the successful BIDDER to discontinue all work under this Contract. The successful BIDDER shall immediately respect said notice and stop said work, and cease to have any rights in the possession of the ground and shall forfeit this Contract.

C. The AUTHORITY may thereupon look to the next lowest and responsive and responsible BIDDER to complete the work, or advertise for bids and let a contract for the uncompleted contract in the same manner as was followed in the letting of this contract; and charge the cost thereof to the original Contractor upon his contract. Any excess cost arising there from over and above the original Contract price shall be charged to the original awarded BIDDER.

74. 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.

75. INSPECTION OF FACILITIES, OPTIONAL REJECTION

A. It is the bidder’s responsibility to become fully informed as to the nature and extent of the work required and its relation to any other work in the area, including possible interference from other site activities. Arrangements for bidder’s inspection of facilities and/or activity schedules may be secured from contacts and locations listed on the “Facilities Inspection Locations and Contacts List” (EXHIBIT-2).

Failure to visually inspect the facilities may be cause for rejection of your bid.

76. DEADLINE FOR QUESTIONS

A. In accordance with General Terms and Conditions, GTC item #12, “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, September 9th, 2026, by 5 p.m. Eastern Standard Time (EST).

77. 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.

78. 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 be removed from the job, and such person shall not be employed on the work. Any Workman provided pursuant to this Contract shall have and maintain all required licenses, if any.

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

79. PURCHASING AGENT

A. All questions and communications 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.

80. 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.

81. 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.

82. NO GUARANTEE OF AMOUNT OF WORK

A. The BIDDER(s) should fully understand that the AUTHORITY does not, hereunder, contract to do any specific amount of work during the contract period.

83. 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.

84. INSURANCE REQUIRED

A. The BIDDER(S) shall, at its sole expense, obtain and maintain insurance reflecting the minimum amounts and conditions, on a primary and non-contributory basis, as 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 mailto:alopez@swa.org 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 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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