ITB 2023-03 Repairs to Front End Load and Roll Off Containers - Rebid.pdf

ITB 2023-03 Page 1 of 32

INVITATION TO BID

BID NUMBER: 2023-03

The Emerald Coast Utilities Authority (ECUA) invites your company to submit a bid on item (s) as listed in this bid request. It is the intent of the ECUA to receive bids that will be publicly opened at 2:00 p.m., central time, Tuesday, October 11, 2022, for the following:

Repairs to Front End Load and Roll Off Containers - Rebid

Sealed bids will be received until 2:00 p.m., central time, Tuesday, October 11, 2022, by the

Purchasing and Stores Division, Emerald Coast Utilities Authority, 9255 Sturdevant Street, Ellyson Industrial Park, Pensacola, Florida 32514. The bids received will then be publicly opened and read. The Emerald Coast Utilities Authority reserves the right to waive informalities in any bid; reject any or all bids, in whole or in part; re-bid a project, in whole or in part; and to accept a bid that in its judgment is the lowest and best bid of a responsible bidder. In accepting a bid, ECUA may award a contract based only on the base bid, the base bid plus all alternates, or the base bid plus any alternates which ECUA selects – with all decisions being made based upon what

ECUA believes to be in the best interests of its ratepayers, in the reasonable exercise of its discretion. ECUA further reserves the right to increase or decrease quantities as may be required to meet the needs of ECUA, at the unit price which was bid.

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TABLE OF CONTENTS

STATEMENT OF NO BID

INSTRUCTIONS TO BIDDERS

SCOPE OF WORK AND SPECIFICATIONS

RISK MANAGEMENT POLICY AND STANDARDS

GENERAL PROVISIONS

EXHIBIT I BID FORM

EXHIBIT II EQUAL OPPORTUNITY CLAUSE

EXHIBIT III CERTIFICATION OF NON-SEGREGATED FACILITIES

EXHIBIT IV DRUG-FREE WORKPLACE FORM

EXHIBIT V E-VERIFY STATEMENT OF COMPLIANCE

ITB 2023-03 Page 3 of 32

LEGAL ADVERTISEMENT

Sealed bids for Bid #2023-03, Repairs to Front End Load and Roll Off Containers – Re-Bid, will be received by the Emerald Coast Utilities Authority, Purchasing and Stores Division, 9255 Sturdevant Street, Ellyson Industrial Park, Pensacola, FL 32514, until 2:00 p.m. central time, Tuesday, October 11, 2022, at which time bids submitted will be publicly opened and read.

A Non-Mandatory Pre-Bid Site Visit to inspect the containers to be repaired will be held at 10:00 a.m., central time, Wednesday, September 21, 2022, 3050 Godwin Lane, Pensacola, FL 32526, Sanitation Conference Room (Enter at main entrance and vendors will be directed from there). While attendance is not mandatory, attendance is strongly encouraged. This will be the only time available to examine the containers. No other times will be available. It is the responsibility of the vendor to familiarize themselves with the work necessary to complete the expressed tasks that are part of this solicitation.

Specifications and information may be obtained free of charge from ECUA, Purchasing and Stores Division (850-969-6530), via email at paul.nobles@ecua.fl.gov, on the website at www.ecua.fl.gov or on BidNet Direct at www.bidnetdirect.com/florida/emeraldcoastutilitiesauthority. Bids received after 2:00 p.m. central time, Tuesday, October 11, 2022 will be returned unopened. ECUA reserves the right to reject any or all bids and re-advertise.

Bids must be clearly marked on the envelope:

BID: Repairs to Front End Load and Roll Off Containers – Re-Bid

BID#: 2023-03

Proposed Advertising Date: September 15, 2022 mailto:anthony.howard@ecua.fl.gov http://www.ecua.fl.gov/ http://www.bidnetdirect.com/florida/emeraldcoastutilitiesauthority

ITB 2023-03 Page 4 of 32

Emerald Coast Utilities Authority Purchasing and Stores Division

9255 Sturdevant Street Pensacola, Florida 32514-7038

850-969-6530

STATEMENT OF NO BID

If you do not intend to bid on this commodity/service, please return this form to the above address immediately. If this statement is not completed and returned, your company may be deleted from the Emerald Coast Utilities Authority Vendors’ list for this commodity/service.

We the undersigned, have declined to bid on requested commodity/service ITB 2023-03, Repairs to Front End Load and Roll Off Containers - Rebid for the following reasons:

_____ Specifications too “tight,” i.e. geared toward one brand or manufacturer only (explain below).

_____ Insufficient time to respond to the Invitation to Bid.

_____ We do not offer this product or service.

_____ Our schedule would not permit us to perform.

_____ Unable to meet bond/insurance requirements.

_____ Specifications are unclear (explain below).

_____ Remove us from your vendors’ list for this commodity/service.

_____ Other (specify below).

Remarks: __________________________________________________________________

Company Name: ________________________________

Signature: ________________________________

Telephone: _______________ Date: _________

NOTE: Statement of No Bid may be faxed to the Purchasing Division (850-969-3384)

Attention: Paul R. Nobles or emailed to paul.nobles@ecua.fl.gov.

mailto:anthony.howard@ecua.fl.gov.

ITB 2023-03 Page 5 of 32

INSTRUCTIONS TO BIDDERS

All these terms and conditions are a part of this bid request.

1. BID SCHEDULE

Bids are presently scheduled to be publicly opened and read at 2:00 p.m., central time, Tuesday, October 11, 2022, in the ECUA Finance Conference Room (Rm #2202), 2nd floor, Emergency Operations Support Addition, 9255 Sturdevant Street, Ellyson Industrial Park.

ECUA staff will review all bids and forward their recommendations to the ECUA Citizens’ Advisory Committee scheduled to meet at 3:00 p.m., central time, November 8, 2022 in the ECUA Board Room, 9255 Sturdevant Street, Ellyson Industrial Park. The ECUA Citizens’ Advisory Committee recommendation will be presented to the ECUA Board at their meeting scheduled for 3:00 p.m., central time, November 15, 2022, in the ECUA Board Room.

2. SITE VISIT

A Non-Mandatory Pre-Bid Site Visit to inspect the containers to be repaired will be held at 10:00 a.m., central time, Wednesday, September 21, 2022 at 3050 Godwin Lane, Pensacola, FL 32526, Sanitation Conference Room (Enter at main entrance and vendors will be directed from there). While attendance is not mandatory, attendance is strongly encouraged. This will be the only time available to examine the containers. No other times will be available. It is the responsibility of the vendor to familiarize themselves with the work necessary to complete the expressed tasks that are part of this solicitation.

3. BID SUBMISSION

In a sealed envelope (or other packaging), provide one (1) original with manual signature (so identified), one (1) copy, and one (1) electronic copy (USB flash drive). Bids must be in the possession of the Emerald Coast Utilities Authority Purchasing and Stores Division to be considered. Bids may be mailed or delivered to the Purchasing and Stores Division at 9255 Sturdevant Street, Ellyson Industrial Park, Pensacola, Florida, 32514, in a sealed envelope clearly marked with the bid name, time and date of the opening. Regardless of the method of delivery, each bidder shall be responsible for his/her bid(s) being delivered on time, as the Emerald Coast Utilities Authority assumes no responsibility for same. Bids offered or received after the time set for the bid opening will be rejected and returned unopened to the bidder.

4. CONVICTION OF PUBLIC ENTITY CRIME

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

ITB 2023-03 Page 6 of 32

($35,000) for a period of 36 months from the date of being placed on the Convicted Vendor List.

5. BID WITHDRAWAL

No bid may be withdrawn for a period of ninety (90) days from the bid opening. Prices may not be modified during this period. Bids may be withdrawn at any time prior to the bid opening time.

6. BID AUTHORIZATION

All bids must be submitted on the form provided by the Emerald Coast Utilities Authority and must be signed by an authorized representative of the company placing the bid. One complete set of bid forms will be furnished each company interested in bidding.

7. BID ERRORS

A bidder may not modify its bid after bid opening. Errors in the extension of unit prices stated in a bid or in multiplication, division, addition, or subtraction in a bid may be corrected by the Purchasing and Stores Division prior to award. In such cases, unit prices shall not be changed.

8. AWARD OF BID

ECUA reserves the right to establish priorities and to award the contract to a single bidder based upon the total bid or to multiple vendors based upon the items individually bid. ECUA also reserves the right to selectively purchase any single or any multiple items from this bid.

9. TAXES

Do not include any tax with your bid. The Emerald Coast Utilities Authority is exempt from federal, state and local taxes. Tax exempt number 85-8012640152C-4 applies.

10. TERMS

Minimum terms will be net 30 (30 days after receipt of material/service) unless a discount is involved. Terms offering a discount for prompt payment will only be considered in determining the low bid if the discount period is 15 days or greater (15 days after receipt of material/service or invoice, whichever is greater).

11. BID TABULATIONS

Bid tabulations will be posted for review in the Purchasing Section, 9255 Sturdevant Street, Ellyson Industrial Park on or about October 11, 2022, and will remain posted for 72 hours excluding weekends and holidays. The bid tabulations/list of bidders will also be posted to the ECUA website, www.ecua.fl.gov/business/bid-opportunities and BidNet Direct at www.bidnetdirect.com /florida/emeraldcoastutilitiesauthority.

http://www.ecua.fl.gov/business/bid-opportunities

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12. BID QUESTIONS

All questions concerning the specifications or bid submission procedures can be emailed to the Purchasing and Stores Division Sole Point of Contact (POC) (as listed below) by September 28, 2022, noon, central time for consideration. Answers will be provided in the form of an addendum. Only questions answered by addenda will be binding. Oral and other interpretations or classifications will be without legal effect. All addenda issued must be acknowledged in your bid response.

Emerald Coast Utilities Authority Attn: Paul R. Nobles, Senior Purchasing Agent Email: paul.nobles@ecua.fl.gov

13. COMPLIANCE WITH SPECIFICATIONS

In order to determine that your bid complies with bid specifications, product literature and/or data/information must be included with the bid proposal as indicated in the specifications. Any deviations from the bid specifications should be identified separately. Failure to include such product literature and/or data/information shall be grounds for rejection of any bid.

14. UNIFORM COMMERCIAL CODE

The Uniform Commercial Code (Florida Statutes, Chapter 672) shall prevail as the basis for contractual obligations between the awarded Vendor/Contractor and Emerald Coast Utilities Authority for any terms and conditions not specifically stated in this Invitation to Bid.

15. EXECUTION OF CONTRACT

Any action of ECUA in awarding the purchase of any material or performance of a service is subject to and conditioned upon the execution of a written purchase contract and/or a purchase order between ECUA and the vendor.

16. CONTRACTUAL AGREEMENT

This Invitation to Bid (ITB) shall be included and incorporated in the final contract or purchase order. The order of contract precedence will be the Standard Form Contract (or purchase order), ITB document and response. Any and all legal action necessary to enforce the contract will be held in Escambia County and the contract will be interpreted according to the Laws of Florida.

17. PROTESTS

Any person whose substantial interests are directly and adversely affected by the award or intended award of a purchase order or contract or by plans or specifications contained in an mailto:anthony.howard@ecua.fl.gov

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Invitation to Bid may file a protest in accordance with the following rules and Section 12 of the ECUA Act (Chapter 2001-324, Laws of Florida as amended).

Notice of protest of plans, specifications or other requirements contained in an Invitation to Bid shall be filed not later than 5:00 p.m. of the third business day following receipt of the plans or specifications. Notice of protest of the rejection of a bid as non-responsive shall be filed not later than 5:00 p.m. of the third business day following notice to the bidder of the rejection. Notice of protest of the award or intended award of a purchase order or contract to the lowest bidder shown on a posted bid tabulation shall be filed not later than 5:00 p.m. of the third business day following the posting of the bid tabulation. Notice of protest of the award or intended award of a purchase order or contract to a bidder other than the lowest bidder shown on a posted bid tabulation shall be filed not later than 5:00 p.m. of the third business day following notice of the award of a purchase order or contract.

A notice of protest shall be in writing and shall state the subject matter of the protest.

A formal written protest shall be filed within ten (10) business days after the filing of notice of protest. A formal written protest shall state with particularity the facts and the law on which the protest is based.

Notice of protest and formal written protest of plans or specifications for or the award or intended award of a contract shall be filed with the Executive Director or his or her designee.

Failure to file a notice of protest or failure to file a formal written protest within the times permitted shall constitute a waiver of proceedings under these rules and under Section 12 of Chapter 2001-324, Laws of Florida, as amended.

Upon receipt of a notice of protest which has been timely filed, the Executive Director shall stop the bid solicitation or purchase order or contract award process until the protest has been resolved. However, the bid solicitation or purchase order or contract award process may proceed when the Executive Director determines that delay would be detrimental to the interests of ECUA. Any award of a purchase order or contract under such conditions shall be subject to the outcome of the protest. After the award of a contract or purchase order resulting from a bid in which a timely protest was received and in which ECUA did not prevail, ECUA may take such action as it considers appropriate, which may include, but shall not be limited to, award of the contract or purchase order to the prevailing party, cancellation of the contract or purchase order, or rebidding.

The Executive Director shall provide reasonable opportunity to resolve a protest by agreement.

If agreement is not reached within such time as the Executive Director or his or her designee considers reasonable under the circumstances, the Executive Director or his or her designee shall review the facts and the law on which the protest is based, and shall render a decision which shall be in writing and shall be promptly transmitted to the protestor.

If the protestor wishes to continue the protest beyond the decision of the Executive Director or his or her designee, the protestor shall be required to file a petition for review by the ECUA

ITB 2023-03 Page 9 of 32

Board. This petition shall be made in writing and presented to the Executive Director within ten (10) days after notice of the decision of the Executive Director or his or her designee;

otherwise, the decision of the Executive Director or his or her designee shall be final and binding. Such petition shall state the particular grounds on which it is based and may include pertinent documents and evidence relating thereto. Any grounds not stated shall be deemed to have been waived by the protestor. This petition must also be accompanied by a protest bond of an amount equal to 1.0 percent (1%) of the value of the solicitation, but in no case less than $1,000 nor greater than $10,000.00. This bond shall be in the form of a money order, certified cashier’s check, or certified bank check made payable to the Emerald Coast Utilities Authority.

Failure to post such bond within ten (10) business days after the decision of the Executive Director or his or her designee shall result in the protest being dismissed by the Executive Director.

The bond required by the above paragraph shall be conditioned upon the payment of all costs and charges which may be adjudged against the person filing the petition for review. If the protestor prevails, the bond shall be returned to the protestor. If however, ECUA prevails, the bond shall be forfeited, and ECUA shall be entitled to recover the costs and charges, excluding attorney’s fees, of such hearing. The entire amount of the bond also shall be forfeited if it is determined that a protest was filed for a frivolous or improper purpose, including, but not limited to, the purpose of harassing, causing unnecessary delay, or causing needless cost for ECUA or another interested party/parties.

Any notice required or permitted under this bid protest procedure shall be effective when delivered personally or by facsimile, or when deposited in the U.S. mail. If notice is given only by mail, three (3) days shall be added to the time within which a protestor may file a notice of protest or petition for review.

18. CONTRACTS EXCEEDING ONE (1) YEAR

When applicable, a contract may be renewed contingent upon cost factors, mutual agreement, satisfactory performance evaluations, availability of funds and ECUA Board approval.

ECUA's performance and obligation to pay for the purchase of services or tangible personal property of a period in excess of one (1) fiscal year under any contractual relationship is contingent upon an annual budget approval by the ECUA Board.

19. CONTRACTOR NOT AGENT

Except as ECUA may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of ECUA in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this agreement to bind ECUA to any obligation whatsoever.

20. ASSIGNMENT PROHIBITED

Contractor may not assign any right or obligation pursuant to this agreement. In the event that ECUA, in its sole discretion, at any time during the term of this agreement, desires the removal

ITB 2023-03 Page 10 of 32 of any person or persons assigned by Contractor to perform services pursuant to this agreement, Contractor shall remove any such person immediately upon receiving written notice from ECUA of its desire for removal of such person or persons.

21. CONDUCT OF PARTICIPANTS

After the issuance of any solicitation, all bidders/proposers/protestors or individuals acting on their behalf are hereby prohibited from lobbying as defined herein or otherwise attempting to persuade or influence any elected ECUA officials, their agents or employees or any member of the relevant selection committee at any time during the blackout period as defined herein;

provided, however, nothing herein shall prohibit bidders/proposers/protestors or individuals acting on their behalf from communicating with the purchasing staff concerning a pending solicitation unless otherwise provided in the solicitation or unless otherwise directed by the Purchasing Division.

Lobbying means the attempt to influence the thinking of elected ECUA officials, their agents or employees or any member of the relevant selection committee for or against a specific cause related to a pending solicitation for goods or services, in person, by mail, by facsimile, by telephone, by electronic mail, or by any other means of communication.

22. BLACKOUT PERIOD

Blackout period means the period between the time the bids/proposals for Invitation to Bid or the Request for Proposal, or qualifications, or information, or requests for letters of interest, or the invitation to negotiate, as applicable, are advertised and the time the ECUA Board awards the contract and any resulting bid protest is resolved or the solicitation is otherwise cancelled.

Conduct inconsistent with this section may be grounds for disqualifying the offending proposer from consideration or any future proposal.

23. BID INFORMALITIES

ECUA reserves the right to waive informalities in any bid; reject any or all bids, in whole or in part; rebid a project, in whole or in part; and to accept a bid that in its judgement is the lowest and best bid from a responsible bidder. ECUA reserves the right to award this contract based upon what ECUA believes to be in the best interests of its ratepayers, in the reasonable exercise of its discretion and not solely based upon price. ECUA further reserves the right to increase or decrease quantities as may be required to meet the needs of ECUA, at the unit price which is bid. ECUA may award a contract to a primary and a secondary Contractor. In that case, ECUA will assign work to the primary Contractor unless it is determined by ECUA that circumstances dictate that work be assigned to the secondary Contractor. The two (2) Contractors may be utilized in coordination, if necessary.

24. NON-DISCRIMINATION POLICIES

ECUA does not discriminate on the basis of race, color, national origin, sex, creed/religion, age, marital status, disability/handicapped status, veteran status or any other legally protected status in employment or provision of service.

ITB 2023-03 Page 11 of 32

25. INDEMNIFICATION

Bidder, at its own expense and without exception, shall indemnify, defend and pay all damages, costs, expenses, including attorney fees, and otherwise hold harmless the ECUA, its employees, and agents from any liability of any nature or kind in regard to the delivery of these services.

26. OTHER PROVISIONS

Contractor is required to comply with public records laws codified in Chapter 119, Florida Statutes, and is specifically required to:

A. Keep and maintain public records required by ECUA to perform the service.

B. Upon request from ECUA’s custodian of public records, provide ECUA with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law.

C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to ECUA.

D. Upon completion of the contract, transfer, at no cost, to ECUA all public records in possession of the Contractor or keep and maintain public records required by ECUA to perform the service. If the Contractor transfers all public records to ECUA upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to ECUA, upon request from ECUA’s custodian of public records, in a format that is compatible with the information technology systems of

ECUA.

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF

CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE

PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT ECUA’S

CUSTODIAN OF PUBLIC RECORDS AT 850-969-3302, BY EMAIL AT AMANDA.

MILLER@ECUA.FL.GOV, OR BY MAIL AT 9255 STURDEVANT STREET,

PENSACOLA, FLORIDA 32514.

27. NO COLLUSION CLAUSE

By submitting a response to this ITB, the bidder certifies that the bidder has not divulged to, discussed or compared his/her competitive bid with other bidders and has not colluded with any other bidders or parties to this competitive bid. Also, the bidder certifies, and in the case mailto:AMANDA.%20MILLER@ECUA.FL.GOV mailto:AMANDA.%20MILLER@ECUA.FL.GOV

ITB 2023-03 Page 12 of 32 of a joint competitive bid each party thereto certifies as to its own organization, that in connection with the competitive bid:

• Any prices and/or cost data submitted have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices and/or cost data, with any other bidder or with any competitor;

• Any prices and/or cost data quoted for this competitive bid have not been knowingly disclosed by the competitive bidder and will not knowingly be disclosed by the bidder, directly or indirectly to any other bidder or to any competitor, prior to the scheduled opening and award of the contract;

• No attempt has been made or will be made by the bidder to induce any other person or firm to submit or not to submit a competitive bid for the purpose of restricting competition;

• The only person or persons interested in this competitive bid is/are the principal or principals named herein and that no person other than herein mentioned has any interest in this competitive bid or in the Agreement to be entered into.

28. AUTHORIZED OFFER

The person submitting the bid should indicate the extent of authorization by him or her to make a valid offer in the bid that may be accepted by ECUA to form a valid and binding contract.

If the person submitting the bid is not authorized to submit a bid that can be bound by ECUA’s acceptance, such person should also obtain the signature of an authorized representative of the bidder that may result in a bound contract upon ECUA’s acceptance.

Bids should be typed or written in ink, signatures should be manually signed in ink, and any corrections should be typed or made in ink and initialed.

29. NON-CONFIDENTIALITY OF BIDS

ECUA does not warrant the confidentiality of bids submitted in response to this ITB. All bids are subject to Florida’s public records law. Bidders requiring confidentiality should not submit.

Bid Tabulations/List of Bidders will be posted for review by interested parties on the ECUA Website, www.ecua.fl.gov on or about October 11, 2022. It will also be posted for review in the Purchasing Section at ECUA, 9255 Sturdevant Street, (Ellyson Industrial Park) on or about October 11, 2022, and will remain posted for seventy-two (72) hours, excluding weekends and holidays.

30. E-VERIFY COMPLIANCE

Contractor hereby certifies compliance with the following: pursuant to § 448.095(2) Florida Statutes (2020), Contractor shall register with and use the E-Verify system operated by the United States Department of Homeland Security to verify the work authorization status of all new employees hired by Contractor while performing work or providing services for ECUA.

http://www.ecua.fl.gov/

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Contractor shall also include in any related subcontracts a requirement that subcontractors performing work or providing services for ECUA on its behalf register with and use the E- Verify system to verify the work authorization status of all new employees hired by the subcontractor while performing work or providing services for ECUA. Additionally, Contractor shall include in any related subcontracts a requirement that subcontractors performing work or providing services for ECUA on its behalf provide Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with any unauthorized alien as defined in 8 U.S.C. § 1324a(h)(3). Contractor shall maintain a copy of such affidavit for the duration of its contract with ECUA.

ITB 2023-03 Page 14 of 32

EMERALD COAST UTILITIES AUTHORITY

BID NUMBER: 2023-03

SCOPE OF WORK AND SPECIFICATIONS

REPAIRS TO FRONT END LOAD AND ROLL OFF CONTAINERS – REBID

ECUA is requesting bids for the Repairs to Front End Load and Roll Off Containers - Rebid in accordance with the following scope of work.

ECUA CONTACT: For all questions pertaining to this ITB contact Paul R. Nobles at Paul.nobles@ecua.fl.gov.

The proposed time schedule as related to this procurement is as follows:

Event Date/Time Release of ITB September 15, 2022 Non-Mandatory Pre-Bid Site Visit September 21, 2022 – 10:00 a.m., central time Deadline for Questions/Requests for Clarification*

September 28, 2022 - 12:00 p.m., central time

Estimated issuance of Addendum: Questions Answered September 30, 2022

Bid Due Date/Time (Deadline)* October 11, 2022 - 2:00 p.m., central time

Anticipated Contract Approval/Award** November 15, 2022 Estimated Issue of Purchase Order/Contract** TBD / Notice To Proceed

* An addendum to this ITB will be issued if any of these dates/times change.

** These dates are after the bids are due and subject to change. However, an addendum to this

ITB will not be issued if any of these dates change. Specific dates/times will be determined at each phase.

INSURANCE: Vendor awarded this contract will supply ECUA with an insurance certificate complying with insurance requirements prior to the start of the contract. (See Risk Management/Insurance Requirements) mailto:Anthony.howard@ecua.fl.gov

ITB 2023-03 Page 15 of 32

SCOPE OF WORK

Labor and materials to repair and/or rebuild as necessary waste containers located at ECUA Sanitation, 3050 Godwin Lane, Pensacola, Florida 32526:

10 Ea. 8 cu. yd. Front End Load Slant Front Containers 20 Ea. 8 cu. yd. Front End Load Slant Front Steel Wheels Containers 14 Ea. 6 cu. yd. Front End Load Slant Front Containers 18 Ea. 6 cu. yd. Front End Load Slant Front Steel Wheels Containers 15 Ea. 4 cu. yd. Front End Load Slant Front Rigid Caster Containers 10 Ea. 2 cu. yd. Front End Load Slant Front Rigid Caster Containers

8 Ea. 20 cu. yd. Roll Off Containers 24 Ea. 30 cu. yd. Roll Off Containers 40 Ea. 40 cu. yd. Roll Off Containers

LOCATION FOR REPAIRS

• ECUA will entertain responses for either onsite or offsite repairs.

• Onsite Repairs:

o The only space to be provided is the current location. No other space is available for the repairs.

o Onsite parking for vendor employees will be provided.

o Movement of the containers is the responsibility of the vendor.

o Safety measures onsite as related to repairs.

All OSHA requirements should be followed while onsite.

Considering the location, backup fire extinguisher support while cutting or welding will be required.

• Offsite Repairs:

o Movement of the containers is the responsibility of the vendor.

REPAIRS

• Front End Load Containers, vendor to replace all bottom with 10 gauge steel and 12 gauge side material as required,

• Roll Off Containers, vendor to repair and/or replace all bottom with ¼” steel and 12 gauge side material as required.

• All welds to be ground smooth before painting.

• Repairs shall include removal of rusted steel and welding of new replacement panels and if required structural members.

• Latches, step rungs, hinges, drain plugs, lids, lid supports, structural members, etc., to be replaced as necessary to ensure intended use of the unit.

• Rusted areas are not to be left and new metal welded over. Rusted areas are to be cut and ground before welding new replacement material.

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• Inserts are acceptable as long as rusted or damaged material is removed before welding in insert. Rusted metal must be removed before new metal is welded in place. If replacing with an insert, structural members must remain, be repaired or replaced.

PAINT

• Complete unit to be painted

• Color – Forest Green or Waste Management Green

• Primed and painted with enamel paint

• All warning labels, ID’s, load level, etc. to be replaced after painting.

• Metal not replaced shall be prepped prior to priming and painting (vendor to determine procedure).

• Painting to be controlled so as to not present a hazard to ECUA equipment or employees and their vehicles.

TIME

• Onsite working hours are 7 a.m. to 4 p.m., Monday through Friday.

• A space has been provided on Exhibit I Bid Form for vendor to provide the time required to complete repairs. It is preferred to have work accomplished in 30 days, if possible.

MISC

• ECUA will clean out any debris from the units before vendor begins work.

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RISK MANAGEMENT POLICY AND STANDARDS

FOR AGREEMENTS, CONTRACTS AND LEASES

DEFINITIONS

The following definitions apply to these Risk Management Provisions:

Contract - The contract or agreement of which these Risk Management Provisions are a part for the construction, alteration, repair, or demolition of a structure or facility.

Organization - The Emerald Coast Utilities Authority, an independent Special District created by the Laws of Florida, its Board, officers, employees, volunteers, representatives, and agents.

Other Party - The other party to the Contract of which these Risk Management Provisions are a part, any subsidiaries or affiliates, officers, employees, volunteers, representatives, agents, Contractors, and subcontractors.

HOLD HARMLESS

The Other Party agrees to hold the Organization and the members of its governing board and its other officers and employees harmless against all claims for bodily injury, sickness, disease, death, personal injury, or damage to property or loss of use resulting therefrom, arising out of or related to the Contract, to the extent such claims are caused by the negligence, recklessness, or intentional wrongful misconduct of the Other Party and persons or entities employed or utilized by the Other Party in the performance of the Contract.

PAYMENT ON BEHALF OF ORGANIZATION

The Other Party agrees to pay on behalf of the Organization all claims described in the above "Hold Harmless" paragraph, and to pay the reasonable costs and fees of the attorneys selected by the Organization, at trial and on appeal, to defend the Organization and its officers and employees against such claims. Provided, however, that the total liability of the Other Party to the Organization under the above "Hold Harmless" paragraph and this "Payment on Behalf of Organization" paragraph shall not exceed the sum of One Million Dollars ($1,000,000) per claim or occurrence.

Such payment on behalf of the Organization shall be in addition to any and all other legal remedies available to the Organization and shall not be considered to the exclusive remedy of the Organization.

LOSS CONTROLS/SAFETY

Precaution shall be exercised at all times by the Other Party for the protection of all persons, including employees, and property. The Other Party shall comply with all laws, regulations, or ordinances relating to safety and health, and shall make special effort to detect hazardous

ITB 2023-03 Page 18 of 32 conditions and shall take prompt action where loss control/safety measures should reasonably be expected.

The Organization may order work to be stopped if conditions exist that present immediate danger to persons or property. The Other party acknowledges that such stoppage will not shift responsibility for any loss or damages from the Other Party to the Organization.

SEVERABILITY

The provisions of these Risk Management Provisions are severable. In the event a court of competent jurisdiction should declare any provision of these Risk Management Provisions to be void or contrary to public policy such provision shall be stricken from these Risk Management Provisions, and the remaining provisions shall be enforced as though the provision determined to be void or contrary to public policy had not been included herein.

INSURANCE - BASIC COVERAGES REQUIRED

The Other Party shall procure and maintain the following described insurance, except for coverages specifically waived by the Organization, on policies and with insurers acceptable to the Organization. These insurers shall have A.M. Best (or equivalent) rating of no less than A:VII unless otherwise agreed to by the Organization.

These insurance requirements shall not limit the liability of the Other Party. The Organization does not represent these types or amounts of insurance to be sufficient or adequate to protect the Other Party’s interests or liabilities, but are merely minimums.

Except for workers compensation, the Other Party waives its right of recovery against the Organization, to the extent permitted by its insurance policies.

The Other Party’s deductibles/self-insured retentions shall be disclosed to the Organization and may be disapproved by the Organization. They shall be reduced or eliminated at the option of the Organization. The Other Party is responsible for the amount of any deductible or self-insured retention.

Insurance required of the Other Party or any other insurance of the Other Party shall be considered primary, and insurance of the Organization, if any, shall be considered excess, as may be applicable to claims which arise out of the Hold Harmless, Payment on Behalf of Organization, Insurance, Certificates of Insurance and any Additional Insurance provisions of this agreement, contract or lease.

ITB 2023-03 Page 19 of 32

Additional Insured

Except for workers compensation and professional liability, the Other Party’s insurance policies shall be endorsed to name the Organization as an additional insured for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by the Other Party’s acts or omissions; or the acts or omissions of those acting on the Other Party’s behalf; in the performance of the Other Party’s ongoing operations for the Organization. The preferred Commercial General Liability coverage endorsement is ISO Form CG 20 10.

Workers Compensation Coverage

The Other Party shall purchase and maintain workers compensation insurance for all workers compensation obligations imposed by state law and employer’s liability limits of at least $100,000 each accident and $100,000 each employee/$500,000 policy limit for disease.

The Other Party shall also purchase any other coverages required by law for the benefit of employees.

General, Automobile and Excess or Umbrella Liability Coverage

The Other Party shall purchase and maintain coverage on forms no more restrictive than the latest editions of the Commercial General Liability and Business Auto policies of the Insurance Services Office.

Minimum limits of $1,000,000 per occurrence for all liability must be provided, with excess or umbrella insurance making up the difference, if any, between the policy limits of underlying policies (including employers liability required in the Workers Compensation Coverage section) and the total amount of coverage required.

Commercial General Liability Coverage - Occurrence Form Required

Coverage A shall include bodily injury and property damage liability for premises, operations, products and completed operations, independent Contractors, contractual liability covering this agreement, contract or lease, broad form property damage, and property damage resulting from explosion, collapse or underground (x,c,u) exposures.

Coverage B shall include personal injury.

Coverage C, medical payments, is not required.

The Other Party is required to continue to purchase products and completed operations coverage, at least to satisfy this agreement, contract or lease, for a minimum of three years beyond the Organization’s acceptance of renovation or construction projects.

ITB 2023-03 Page 20 of 32

Business Auto Liability Coverage

Business Auto Liability coverage is to include bodily injury and property damage arising out of ownership, maintenance or use of any auto, including owned, nonowned and hired automobiles and employee nonownership use.

Excess or Umbrella Liability Coverage

Umbrella Liability insurance is preferred, but an Excess Liability equivalent may be allowed.

Whichever type of coverage is provided, it should be at least “following form” and shall not be more restrictive than the underlying insurance policy coverages.

EVIDENCE/CERTIFICATES OF INSURANCE

Required insurance shall be documented in Certificates of Insurance, including indication that the policy(s) is endorsed to provide the Organization at least 30 days in advance notice of cancellation, nonrenewal or adverse change.

New Certificates of Insurance are to be provided to the Organization at least 15 days prior to coverage renewals.

If requested by the Organization, the Other Party shall furnish complete copies of the Other Party’s insurance policies, forms and endorsements.

For Commercial General Liability coverage the Other Party shall, at the option of the Organization, provide an indication of the amount of claims payments or reserves chargeable to the aggregate amount of liability coverage.

Receipt of certificates or other documentation of insurance or policies or copies of policies by the Organization, or by any of its representatives, which indicate less coverage than required does not constitute a waiver of the Other Party’s obligation to fulfill the insurance requirements herein.

ITB 2023-03 Page 21 of 32

EMERALD COAST UTILITIES AUTHORITY

GENERAL PROVISIONS

PURCHASE ORDER/CONTRACT

1. Supplies are of domestic origin unless indicated by quoter/bidder. This request does not commit Emerald Coast Utilities Authority to pay any cost incurred in the preparation or submission of this quotation or to procure or contract for supplies or services.

2. DELIVERY, INSPECTION AND ACCEPTANCE – Delivery, inspection and acceptance will be at destination unless otherwise provided. Until delivery and acceptance and after any rejections, risk of loss will be on the Contractor unless loss results from negligence of ECUA.

Notwithstanding the requirements for any ECUA inspection and test contained in specifications applicable to this contract, except where specialized inspections or tests are specified for performance solely by ECUA, the Contractor shall perform or have performed the inspections and tests required to substantiate that the supplies and services provided under the contract conform to the drawings, specifications, and contract requirement listed herein, including if applicable, the technical requirements for the manufacturer’s part numbers specified herein.

3. ENTIRE AGREEMENT – The terms, specifications and drawings included in this order when duly executed constitute the entire agreement between the parties unless otherwise stated on the face of the order. No modification or waiver of terms of this agreement shall be binding unless in writing signed by a duly authorized representative of ECUA and confirmed by such a representative of the Vendor. This agreement shall be interpreted in accordance with the laws of the State of Florida.

4. DELIVERY OF EXCESS QUANTITIES OF $100 OR LESS – The Contractor is responsible for the delivery of each item quantity; within allowable variations, if any. If the Contractor delivers and ECUA receives quantities of any item in excess of the quantity called for (after considering any allowable variation in quantity) such excess quantities will be treated as being delivered for the convenience of the Contractor. ECUA may retain such excess quantities up to $100 in value without compensating the interests therein. Quantities in excess of $100 will, at the option of ECUA, either be returned at the Contractor's expense or retained and paid for by ECUA at the contract unit price. DELIVERIES In the event of failure to deliver material of the quality or within the time specified, ECUA may cancel order and buy elsewhere. Failure of ECUA to exercise this option with respect to any installment shall not be deemed a waiver with respect to future installments, if any.

5. DELIVERY TICKETS – All shipments under this agreement shall be accompanied with delivery tickets, or sales slips, in triplicate, which shall contain the following minimum information: a] Name of supplier; b] Blanket Purchase Order/Contract number; c] Date of call; d] Call number; e] Itemized list of supplies or services furnished; f] Quantity, unit price and extension of each item, less applicable discounts (unit price and extensions need not be shown when incompatible with the use of automated systems, provided that the invoice is

ITB 2023-03 Page 22 of 32 itemized to show this information); and g] Date of delivery or shipment. Upon delivery, the receiving office will retain one copy of the related delivery ticket and will sign the other two copies and return them to the supplier or his/her agent. One of these copies may subsequently be required to support the invoice.

6. PAYMENTS –Invoices shall be submitted in triplicate (one copy shall be marked “Original”) unless otherwise specified and shall contain the following information: a] Contract or Order number b] Item number c] contract description of supplies or services d] sizes e] quantities f] unit prices and g] extended totals. Bill of Lading number and weight of shipment will be shown for shipments of Bills of Lading. Unless otherwise specified, payment will be made on partial deliveries accepted by ECUA when the amount due on such deliveries so warrants.

7. DISCOUNTS – In connection with any discount offered, time will be computed from date of delivery suppliers to carrier when acceptance is at the point of origin or from date of delivery at destination when delivery and acceptance are at these points or from the date the correct invoice or voucher is received in the office specified by ECUA, if the latter is later than date of delivery. Payment is deemed to be made for the purpose of earning the discount on the date of mailing of the ECUA check.

8. CONVICT LABOR – In connection with the performance of work under this contract, the

Contractor agrees not to employ any person undergoing sentence of imprisonment except as provided by Public Law 89.176, September 10, 1965 (18 U.S.C. 40821 ch21) Executive Order 11755, December 29, 1973.

9. COVENANT AGAINST CONTINGENT FEES – The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty ECUA shall have the right to annul this contract without liability or in its discretion to deduct from the contract price or consideration or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

10. CONTINGENCIES – Neither party shall be liable for delays or defaults due to acts of God, government authority or public enemy, war, fires, floods, epidemics, strikes, labor troubles, freight embargoes, or contingencies reasonably beyond its control. The party so affected, upon prompt written notice to the other party, shall be excused from making or taking deliveries hereunder to the extent of such prevention or restriction. At ECUA’s option, deliveries so omitted shall be made on notice thereof to the Vendor, upon cessation of such contingency even though such might have been operative at the date of this order.

11. GRATUITIES – (a) ECUA may, by written notice to the Contractor, terminate the right of the Contractor to proceed under this contract if it is found after notice and hearing by the Executive Director or his/her duly authorized representative, that gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by the Contractor, or any agent or representative of the Contractor, to any officer or employee of ECUA with a view toward

ITB 2023-03 Page 23 of 32 securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such contract, provided, that the existence of the facts upon which the Executive Director or his/her duly authorized representative make such findings shall be in issue and may be reviewed in any competent court, (b) In the event this contract is terminated as provided in paragraph (a) hereof, ECUA shall be entitled 1] to pursue the same remedies against the Contractor as it could pursue in the event of a breach of the contract by the Contractor and 2] as a penalty and in addition to any other damages to which it may be entitled by law to exemplary damages in an amount (as determined by the Executive Director or his/her duly authorized representative) which shall be not less than three nor more than ten times the costs incurred by the Contractor in providing any such gratuities to any such officer or employee, (c) The rights and remedies of ECUA provided in this clause shall not be exclusive or in addition to any other rights and remedies provided by law or under the contract.

12. CONDITION FOR ASSIGNMENT – This Purchase Order/Contract shall not be assigned in full or in part without the written consent of ECUA. Such consent shall not relieve the Contractor from its obligations and liabilities.

13. GOVERNMENT REGULATIONS – Vendor warrants that all applicable laws and regulations of governmental authority, covering the production, sale and delivery of the materials specified herein, have complied with and shall indemnify and save ECUA harmless from and against any liability or loss resulting from Vendor’s failure to do so.

14. TAXES – ECUA is exempt from Federal Taxes on transportation charges and any Federal

Excise Tax, if you prepaid transportation do not pay tax as ECUA will not reimburse you for the taxes paid. ECUA is exempt from State Sales Tax.

15. CHANGES – The Purchasing and Stores Division may at any time, by written order, and without notice to the sureties, make changes, within the general scope of this contract, in 1] drawings, designs, or specifications, where the supplies to be furnished are to…