6-03 - 27-01 - SPECIAL TERMS AND CONDITIONS.pdf

SPECIAL TERMS AND CONDITIONS

BID NO.: 27-01/AL

DISPOSAL AND RECOVERY OF WASTE OIL, OILY WATER, ANTIFREEZE, PETROLEUM CONTACT

WATER AND USED FILTERS FROM SEVEN (7) HAZARDOUS WASTE FACILITIES

55. PURPOSE

A. The purpose of this solicitation is to establish a term contract and to obtain firm fixed pricing for the DISPOSAL AND RECOVERY OF WASTE OIL, OILY WATER, ANTIFREEZE, PETROLEUM CONTACT WATER AND USED FILTERS FROM SEVEN (7) HAZARDOUS WASTE FACILITIES for 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 highest revenue generating price in the aggregate for LOT 1 on a “ALL or NONE” basis on the Bid Form. If no bids are received that provide a revenue generating price, award will be made to the lowest bid price in the aggregate for LOT 1 on a “ALL or NONE” basis. Bidder(s) must submit an offer on ALL ITEMS IN LOT 1 to be considered for award.

B. If the AUTHORITY does not receive any bid submittals as described in Letter A of this section, Bids will be calculated by adding negative numbers (Revenue Generating) and positive numbers (cost) together. For Example, if line 1 on the bid page is -$100.00 (Revenue Generating) and line items 2 through 5 are $5.00 (Cost) each. The total bid is -$80.00 (Revenue Generating).

C. The AUTHORITY reserves the right to make a primary, secondary, and tertiary award. The lowest, responsive, responsible Bidder meeting specifications, and special terms and conditions shall be the primary awardee. The next lowest Bidders meeting specifications, and special terms and conditions shall be secondary and tertiary awardees. The AUTHORITY will give the primary awardee the first opportunity to provide all services. If the primary awardee cannot provide the requested services meeting specifications, and special terms and conditions, the secondary or tertiary awardee will be contacted to provide the requested services meeting specifications, and special terms and conditions. More than two (2) occurrences of failure to provide services as requested may be deemed as a default of contract and will be grounds for cancellation of the contract.

D. 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.

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 two (2) year period from the contract’s initial effective date, with an option to renew for an additional one (1) year period.

B. The AUTHORITY reserves the right to automatically extend the intended contract for a maximum period, not-to-exceed ninety (90) calendar days in order to provide continual service and supplies while a new contract is being solicited, evaluated and/or awarded. The awarded BIDDER agrees to this condition by virtue of signing their Bid submittal. All prices shall be fixed for the terms of this extension period.

58. OPTION TO RENEW

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.

• Experience record showing the BIDDER’s training and experience in similar work (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 provide the product (EQUIP)

• Certifications, Licenses, Permits and Local Business Tax Receipts

• All operating permits and registrations of company including TSDF (Transfer, Storage, Disposal Facility) permits or other federal, state and local permits necessary to perform work.

• Letters of past or pending notice of Violations, other permits violations or other formal notices of regulatory non-compliance issued within the past 3 years.

• Vendor Acknowledgement Form

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 administered by the Equal Business Opportunity (EBO) Program Office to ensure that all segments of its business population, including, but not limited to local, small-, businesses, have an equitable opportunity to participate in the AUTHORITY’S procurement process, in accordance with Section 6 of the Purchasing Manual, as incorporated herein. Program tools and solicitation incentives are hereby referred to as the Affirmative Procurement Initiative (API).

61. SMALL BUSINESS ENTERPRISE (SBE) PARTICIPATION

A. The EBO Program has determined that No API shall be applied to this procurement. The AUTHORITY does encourage Small Business

Enterprises (SBE) participation. For information on the Economic Inclusion Policy and Procedures, please contact the EBO Office at 561-640-4000 extension 4549 or visit www.swa.org/EBO.

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

62. BID SUBMITTAL

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

63. EQUITABLE ADJUSTMENT

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

64. 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.

65. EXAMINATION OF FACILITIES OR EQUIPMENT

A. Prior to submitting a bid, it is recommended that the Bidder(s) 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. Bidder(s) 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 Mitch Parker via e-mail to mparker@swa.org.

66. SUB-CONTRACTING

A. No Sub-Contracting is authorized.

67. 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.

68. 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.

69. 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. Itemized services performed in accordance with bid price

4. Supporting documentation

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.

70. TIME FOR COMPLETION OR DELIVERY, AND COMMENCEMENT

A. It is hereby understood and mutually agreed by and between the parties that the time of delivery is an essential condition of this contract.

B. By submitting a bid, BIDDER, if awarded a contract, agrees to begin work no later than three (3) days after notification, and to proceed with the work uninterrupted in such a manner, with sufficient labor, equipment, and/or materials so as to insure its completion of work

71. 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.

mailto:mparker@swa.org

72. CODES AND REGULATIONS

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

73. 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 Ground 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.

74. 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. Arranges for bidder’s inspection of facilities and/or activity schedules may be secured from the Director or Manager of the Hazardous Waste Facility at 561-687-1100. Failure to visually inspect the facilities may be cause for rejection of your bid.

75. DEADLINE FOR QUESTIONS

A. In accordance with General Terms and Conditions, GTC item #11, “Interpretations”, any questions concerning the intent, meaning and interpretations of the Bid Documents shall be requested in writing, and received by the AUTHORITY at least five (5) days prior to the Bid Opening. Therefore, the deadline for all questions is Wednesday, December 2nd, 2026, by close of business.

76. 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.

77. 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.

78. 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.

79. PURCHASING AGENT

A. All questions and communications concerning this procurement process must be directed to Mr. Angel Lopez, Senior Buyer, Purchasing Services. All requests for clarifications or additional information must be submitted in writing via electronic mail to alopez@swa.org or the Bonfire system.

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 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.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

mailto:alopez@swa.org