CONTRACT FORMS AND SPECIFICATIONS

NORTH COUNTY TRANSFER STATION ASPHALTIC CONCRETE REPAIRS

ITB 26-405/PA

OFFICIALS

Vice Mayor Sara Baxter

Chair

Gregg K. Weiss Commissioner

Marci Woodward Vice Chair

Mayor Maria G. Marino Commissioner

Bobby Powell, Jr.

Commissioner

Joel Flores Secretary

Maria Sachs Commissioner

Ramana Kari Executive Director

Michael W. Jones, Esq.

Attorney Counsel to the Authority

Engenuity Group, Inc.

1280 Congress Avenue, #101 West Palm Beach, FL 33409

Solid Waste Authority of Palm Beach County 7501 North Jog Road

West Palm Beach, Florida 33412

APRIL 2026

TABLE OF CONTENTS

ITB 26-405

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 32 – FLEXIBLE PAVING (ASPHALT)

Flexible Paving……………………………………. ............................................... 32 12 16

SECTION 00050

INVITATION TO BID

ITB 26-405/PA 1 April 2026

North County Transfer Station Asphaltic Concrete Repairs

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 completion of North County Transfer Station Asphaltic Concrete Repairs, ITB 26-405/PA 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 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. Information to call in will be provided prior to the Bid Opening. Bids received after said time will not be considered.

The proposed work will be contracted to an FDOT pre-qualified, licensed Florida General Contractor and consists of providing all labor, materials, equipment and incidentals required to construct as detailed in the contract documents. The work includes, but is not necessarily limited to the following:

The work at Solid Waste Authority of Palm Beach County (SWA) North County Transfer Station (NCTS) includes milling and resurfacing of approximately 20,000 square yards of existing roadway, approximately 2,500 square yards of full depth restoration, new curbs, striping and signage. NCTS shall remain open and in full capacity operation during normal business hours, and continue normal operations throughout the duration of this project.

The project requires asphalt and concrete repairs using a unique FDEP approved “asphalt” and concrete product, with a mix design substituting thirty percent (30%) by mass of total aggregate with bottom ash aggregate, in both the asphalt and concrete mix for the road network at the North County Transfer Station (NCTS).

The bottom ash aggregate for this project is located at the top of the Palm Beach Renewable Energy Park Class I Landfill, and will be available to the Contractor for pickup, free of charge. Contractor shall carefully review and abide by all terms in the Ash Beneficial Use Plan, included in the Technical Specification.

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. The site address is 14185 North Military Trail, Jupiter, FL 33458.

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

MINIMUM BIDDER REQUIREMENTS and WORK EXPERIENCE

Bidders must provide evidence of the following minimum requirements:

• Current FDOT Prequalified Contractor (Work Classes: Hot Plant-Mixed Bitumen and Flexible Paving)

• Local Business Tax Receipts

• Proof of Insurability

Bidders must meet FDOT Prequalified Contractor work experience requirements.

GENERAL INFORMATION

The AUTHORITY will hold a NON-MANDATORY PRE-BID CONFERENCE ON April 14, 2026 at 10:00 AM, 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 will be present to answer questions and explain the intent of the Bid Documents. Site visit will 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.

SECTION 00050

ITB 26-405/PA 2 April 2026

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 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 Patricia Armstrong, Purchasing Manager, Purchasing Services at 561-640-4000, or by e-mail to parmstrong@swa.org for further information.

END OF SECTION

SECTION 00100

INSTRUCTIONS TO BIDDERS

ITB 26-405/PA 3 April 2026

Section 00100

North County Transfer Station Asphaltic Concrete Repairs

1. EXPLANATION TO BIDDERS

A. Any questions and communications concerning this procurement process must be directed to Patricia Armstrong, Purchasing Manager. parmstrong@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 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 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.

ITB 26-405/PA 4 April 2026

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 https://www.swa.org/DocumentCenter/View/4275/Purchasing-Manual-082025. 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.

ITB 26-405/PA 5 April 2026

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 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 of the Purchasing Manual, as incorporated herein. Small Business Enterprise (SBE) is hereby referred to as (“SBE”) in the bid solicitation. The BIDDER also agrees that it has reviewed the Section of the AUTHORITY’s Purchasing Manual, understands it, and that it is specifically incorporated herein.

B. In accordance with Section 6 of the Purchasing Manual, as incorporated herein, the AUTHORITY is applying SBE

Subcontracting Goals in this procurement. The AUTHORITY has set a Three Percent (3%) goal for Small Business Enterprise (SBE) Subcontracting participation. Failure to meet the API requirements will cause the BIDDER’S response to be NON-RESPONSIVE.

6.1 Affirmative Procurement Initiatives (API) for Construction Industry:

1) SBE Goal is Three Percent (3%) of the total estimated dollar value of the AUTHORITY’S contract as further stipulated in this Section, 6.3 “Calculating SBE Participation.”

2) The BIDDER must submit a completed Small Business Enterprise Commitment Form, SBE Subcontractor/Supplier Participation Schedule, and Statement of Intent to perform as a SBE Subcontractor/Supplier Form to the AUTHORITY with its response affirming its commitment to meet the SBE Subcontracting Participation requirement(s) indicated in the Procurement. Failure to include a completed, signed copy of the EBO forms acknowledging the SBE Subcontracting Goals for this Procurement will deem the BIDDER’s response as non-responsive.

3) SBE firms must be certified in accordance with the Equal Business Opportunity (EBO) Program Economic Inclusion Policy, as defined in the Purchasing Manual. The BIDDER’S Subcontractors and Suppliers that will be utilized to fulfill the SBE participation requirements in this solicitation, must be certified as a SBE

ITB 26-405/PA 6 April 2026 at the time that the BIDs are due to the AUTHORITY in accordance with the EBO Program Policy. All firms must perform a “Commercially Useful Function” on this contract. See Definition Section of the Purchasing Manual, as incorporated herein.

4) A SBE is a corporation, partnership, sole proprietorship, or other legal entity for the purpose of making a profit that (1) is independently owned and operated by individuals legally residing in, or that are citizens of, the United States or its territories; and (2) is currently certified as having annual revenues and/or number of employees that satisfy SBE size standards on an industry-specific basis and satisfies the Significant Business Presence and other eligibility requirements for participation in the EBO Program.

5) To qualify as meeting the Significant Business Presence definition, the SBE firm’s principal office as stated in its filings with the Florida Department of State must be located within Palm Beach County, or the firm must have had a significant business presence as of the time the bid is due within Palm Beach County, defined as: an established place of business in Palm Beach County, from which at least 50% of its total full-time, part-time and contract employees are domiciled and regularly based in Palm Beach County, and from which a substantial role in the SBE’s performance of a Commercially Useful Function on the AUTHORITY contract is conducted. A location utilized solely as a post office box, mail drop or telephone message center, or any combination thereof, with no other substantial work function, shall not be construed to constitute a significant business presence.

6) Commercially Useful Function: Shall constitute any work that is required to complete or achieve the contract goals and includes by way of example, but not limited to, the following:

a. Striping and Signage

b. MOT aka Traffic Control Services

c. Erosion Control

d. Concrete Testing Services

e. Surveyor Services, Land

The examples are intended to be illustrative and not exhaustive. Upon application to the Authority by the Bidder, this list may be expanded, and such additional items of work may apply toward meeting the SBE goal.

6.2 Subcontractor/Supplier Utilization Plan:

1) The BIDDER shall identify all certified SBE firms (including non-certified subcontractors/suppliers) which will be utilized as Subcontractors in this Procurement. The BIDDER must provide proof that each firm to be utilized as a prime or subcontractor is certified in accordance to the Equal Business Opportunity Program Policy. Each SBE subcontractor and prime shall be listed in the Subcontractor/Supplier Utilization Plan (as defined below) and shall be submitted with the Bid. The listing of SBEs in the Subcontractor Utilization Plan attached with each Bid shall constitute the BIDDER’S representation to the AUTHORITY that the certified firms are technically and financially qualified and available to perform the assigned work. Failure to provide complete and accurate information may result in the Bid being deemed non-responsive.

2) The Subcontractor/Supplier Utilization Plan shall consist of the following documentation, which must be attached to the Bid.

1. SBE Subcontractor/Supplier Participation Schedule.

2. Statement of Intent to Perform as a SBE Subcontractor/Supplier form for each SBE firm.

3. A copy of the certification letter or certificate as proof of firm’s current status.

NOTE: For an SBE Prime Contractor, self-performed work will contribute toward participation the same as work subcontracted to an SBE Subcontractor firm. Also, an Awarded Contractor and all Subcontractors/Suppliers shall register as a vendor with the AUTHORITY prior to contract execution.

ITB 26-405/PA 7 April 2026

3) If percentages vary between the SBE Subcontractor/Supplier Participation Schedule and the Statement of Intent to Perform as a SBE Subcontractor/Supplier form, the percentages on the Statement of Intent to Perform as a SBE Subcontractor/Supplier form will be used to determine participation. If the Statement of Intent to Perform as a SBE Subcontractor/Supplier form is not signed by the Subcontractor, participation attributed to the listed vendor will not be included even if they are listed on the SBE Subcontractor/Supplier Participation Schedule. If a percentage range is provided for a particular Subcontractor on the Statement of Intent to Perform as an SBE Subcontractor/Supplier, the higher determined percentage in the range will be used to calculate participation and therefore, effectively, represents the Contractor’s commitment on the work assignment towards the contract goal.

4) If a BIDDER is unable to comply with the API requirements of this solicitation, BIDDER shall submit a request for waiver or partial waiver at the time the BID submittal 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 AP. BIDDER shall use the Subcontractor

5) Any participation by firms identified as certified that are determined not certified in accordance with the Equal Business Opportunity Program Policy at the time of Bid submission will not count towards goal attainment. BIDDER is strongly encouraged to contact the AUTHORITY’S Equal Business Opportunity Program Office at 561-640-4000, Extension 4532 well in advance of the date set for receipt of Bids to allow sufficient time to receive information on the Economic Inclusion Policy.

6) The awarded BIDDER and each of its Subcontractors for this project shall register and/or maintain active status in the AUTHORITY’S Equal Business Management System. To register as a vendor, visit www.swa.org/vendor.

7) After the Notice of Contingent to Award, the AUTHORITY will not execute a final contract for this project until the BIDDER has executed an agreement with each of its SBE Subcontractors or Suppliers with a contract term.

6.3 Calculating SBE Participation:

1) The percentage of participation shall be calculated by dividing the actual payments made to local certified

SBE firms providing goods and services work by the final contract amount.

2) The goal is to encourage doing business with certified local SBE firms with certifications from a certifying organization in the State of Florida approved by the AUTHORITY. For the purpose of this requirement, an eligible local SBE firm included in the Contractor’s Subcontractor/Supplier Utilization Plan submitted in the bid must have had a valid certification prior to the due date for responses to this bid. Certified local SBE firms added after contract award must have a valid certification prior to the date upon which they are added and perform a commercially useful function. To count towards participation, the change in the Subcontractor/Supplier Utilization Plan must be approved by the Equal Business Opportunity Program Office prior to participation. Furthermore, such firms shall be domiciled in Palm Beach County as defined in the AUTHORITY’S Purchasing Manual, Section 6, as incorporated herein, as of the aforementioned dates required for certification.

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 26-405 North County Transfer Station Asphaltic Concrete

Repairs

ITB 26-405/PA 8 April 2026

1. Bid Form (Price)

2. Documentary proof of BIDDER’s own SBE status (if applicable)

3. SBE Commitment Form

4. SBE Subcontractor/Supplier Participation Schedule

5. Statement of Intent to Perform as an SBE Subcontractor/Supplier

6. Subcontracting Goal – Waiver Request (if applicable)

7. Good Faith Effort Documentation (if applicable)

8. Trench Safety Act

9. Performance Experience Forms

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

11. Authority to Execute

12. Vendor Acknowledgement Form

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 (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.

ITB 26-405/PA 9 April 2026

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.

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), 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 Total Lump Sum Bid Amount. Bids received after time and date for receipt of Bids will be returned unopened.

B. 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.

C. 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.

D. 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.

ITB 26-405/PA 10 April 2026

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.

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 and at Purchasing Services 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.

ITB 26-405/PA 11 April 2026

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 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

ITB 26-405/PA 12 April 2026 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 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.

ITB 26-405/PA 13 April 2026

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 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…