7-03 - 26-14 - SPECIAL TERMS AND CONDITIONS.pdf

SPECIAL TERMS AND CONDITIONS

BID NO.: 26-14/AL

CLEANING CHEMICALS (SOAP) FOR USE AT TRUCK WASH FACILITY

55. PURPOSE

A. The purpose of this solicitation is to establish a term contract and to obtain firm fixed pricing for CLEANING CHEMICALS (SOAP) AT TRUCK WASH FACILITY 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 lowest bid in the aggregate (TOTAL) for Line Items 1 and 2 on the Bid Form. 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 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.

C. The AUTHORITY reserves the unqualified right, in the AUTHORITY’s sole and absolute discretion, to reject any and all bids, to waive any irregularities, or to accept the Bid which, in the AUTHORITY’s judgment, will under all circumstances best serve the public interest.

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

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 three (3) year period.

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) http://www.swa.org/vendor

• List of Equipment and Facilities available to provide the product (EQUIP)

• Certifications, Licenses, Permits and Local Business Tax Receipts

• Information, Descriptive Literature and Product Checklist (per section 63)

• Checklist for submitted product(s) (PRODUCT CHECKLIST)

• 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 6of 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.

C. 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:

CLEANING CHEMICALS FOR TRUCK WASH

D. The example(s) are intended to be illustrative and not exhaustive. Upon application to the Authority by the Bidder, this list may be expanded and additional items of work may apply.

62. BID SUBMITTAL

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

63. INFORMATION, DESCRIPTIVE LITERATURE AND PRODUCT CHECKLIST – MANDATORY

A. All Bidders shall submit with their proposal, descriptive literature and/or complete specifications, and Safety Data Sheets (SDS) covering the products offered. Reference to literature submitted with a previous solicitation will not satisfy this provision. Submittals which do not comply with these requirements may be subject to rejection.

B. The brand name and specific product entered on the Product Checklist must match the description as it appears on the submitted product specification sheet. If not, the bid may be deemed non-responsive.

C. If a bid is placed without a product specification sheet, the bid will be deemed non-responsive.

64. SAFETY DATA SHEETS

A. Any item delivered from a contract resulting from this bid must be accompanied by a Safety Date Sheet (SDS). The SDS must include the following information.

i. The chemical name and the common name of the toxic substance

ii. The hazards or other risks in the use of the toxic substance, including:

1. The potential for fire, explosion, corrosivity, and reactivity;

2. The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and

3. The primary routes of entry and symptoms of exposure

iii. The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the toxic substances, including appropriate emergency treatment in case of overexposure.

iv. The emergency procedure for spills, fire, disposal and first aid.

v. A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information.

vi. The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information.

65. F.O.B. POINT, DELIVERY, EQUIPMENT MAINTENANCE FACILITY

A. The F.O.B. Point within Palm Beach County shall be indicated on the Purchase Order. Bid responses show other than F.O.B.

destination will not be accepted.

B. It is anticipated that the delivery location will be the AUTHORITY’s Equipment Maintenance Facility located at 6255 North Jog Road, West Palm Beach, FL 33412.

66. 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.

67. MEASUREMENTS

A. The successful Bidder will be responsible to provide current records of inspections and certifications from the State of Florida Department of Agriculture, if requested. All delivery trucks must have D.O.T. decals for the duration of the contract period.

68. 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.

69. SUB-CONTRACTING

A. No Sub-Contracting is authorized.

70. 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.

71. 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.

72. INVOICE INFORMATION

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

1. Dated Invoice with Purchase Order Number referenced.

2. Itemized cost per bid rate(s).

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.

73. PERFORMANCE

a. The AUTHORITY may return, for full credit, any item(s) received which fail to meet the AUTHORITY’s performance standards.

74. OCCUPATIONAL SAFETY AND HEALTH

a. Bidder, as a result of award of the bid, delivery of any toxic substances as defined in Code of Federal Regulation Chapter 29, shall furnish to the Purchasing Department, a Safety Data Sheet (SDS). The SDS shall be provided with initial shipment and shall be revised on a timely basis as appropriate. All SDS and toxic substances shall be in compliance with phase implementation of Globally Harmonized System of classification and labeling of chemicals. Any questions regarding this requirement should be directed to: Department of Labor and Employment Security, Bureau of Industrial Safety and Health, Toxic Waste Information Center.

75. 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.

76. CODES AND REGULATIONS

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

77. 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, August 27th, 2025, by close of business.

78. 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.

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 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 specified in the Insurance Requirements Checklist. If the BIDDER(S) is a governmental entity or a self-insured organization, different insurance requirements may apply. Misrepresentation of any material fact, whether intentional or not, regarding the BIDDER’(S) insurance coverage, policies or capabilities may be grounds for rejection of the proposal(s) and rescission of any ensuing agreement(s).

Certificate(s) of Insurance are required indicating that coverage is in full force and effect and include the following language: “Should any of the policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions.”

Notice shall not be less than (30) days for any cancellation, non-renewal or material change to the insurance coverages and not less than ten (10) days for non-payment of premium. The requirements contained herein, as well as AUTHORITY’S review or acceptance of insurance maintained by BIDDER(S) are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by BIDDER(S) under this Agreement. In the event that sub-contractors used by the BIDDER(S) do not have insurance, or do not meet the insurance limits, BIDDER(S) shall indemnify and hold harmless the AUTHORITY for any claim in excess of the sub-contractor’s insurance coverage, to the extent that insurance meeting the limits would have afforded coverage to the AUTHORITY, as indicated in the Insurance Checklist.

mailto:alopez@swa.org