ITB_24-21_COLLECTION_AND_PURCHASE_OF_RECYCLYABLE_AND_SALVAGEABLE_MATERIALS_PUBLISHED.pdf

WALTON COUNTY

BOARD OF COUNTY COMMISSIONERS

INVITATION TO BID

COLLECTION AND PURCHASE

OF RECYCLABLE AND

SALVAGEABLE MATERIALS

BID NO.: ITB 24-21

TABLE OF CONTENTS

Invitation to Bid ………………………………………….. Page 3

Instructions to Bidders ………………………………………….. Page 7

Bid Form & Schedule ………………………………………….. Page 14

Florida Bid Bond ………………………………………….. Page 19

………………………………………….. Page 21

………………………………………….. Page 32

Construction Contract

Previous Experience & Current Commitments

Page 33Compliance Documents

Submittal Checklist …………………………………………. Page 43

Attachment 1 - ISRI Scrap Specs Circular ………………………………………….. Page 44

INVITATION TO BID

BOARD OF COUNTY COMMISSIONERS,

WALTON COUNTY, FLORIDA

COLLECTION AND PURCHASE OF RECYCLABLE AND

SALVAGEABLE MATERIALS

BID NO.: 24-21

Sealed bids for the Collection and Purchase of Recyclable and Salvageable Materials will be received by the Board of County Commissioners, Walton County, Florida, hereinafter referred to as "County" at:

Office of Central Purchasing 176 Montgomery Circle DeFuniak Springs, Florida 32435

Until 3:00 P.M. LOCAL TIME on MAY 28, 2024, for the collection and purchase of recyclable and salvageable materials furnishing labor and materials and performing all work set forth in the Invitation to Bid; Instruction to Bidders; Bid Form; and Contract Documents, which comprise the Bidding Documents. IMMEDIATELY FOLLOWING the scheduled closing time for the reception of bids, all bid proposals which have been submitted in accordance with the conditions of the Invitation to Bid, Instructions to Bidders, and any Addenda issued in relation to this Project will be publicly opened and read aloud.

SUBJECT TO

LOCAL VENDOR PREFERENCE

Bidder is responsible for the delivery of its bid.

Bids received after the specified day and time will not be opened.

The Purchasing Department is closed all Fridays.

The Project to be bid upon is described as follows:

Walton County desires to sell baled cardboard (OCC), aluminum cans, and plastics (PET and HDPE) from the County landfill. Bidders may bid on all or selected categories. Award will be based on most responsive bid per category.

AW ARD OF THE CONTRACT FOR THIS PROJECT SHALL BE SUBJECT TO

LOCA L VENDOR PREFERENCE IN ACCORDANCE WITH WALTON COUNTY

PUR CHASING POLICIES AND PROCEDURES (PP017).

Application for Local Preference is attached to this Invitation to Bid.

Bids may be submitted digitally on a USB THUMB DRIVE along with ONE ORIGINAL PAPER BID on the prescribed bid form; or

Bidders may utilize the County's preferred method of submission by submitting an electronic bid on the County's e-procurement Portal accessible via the following link: https://procurement.opengov.com/portal/waltoncountyfl.

All subcontractors and suppliers shall be declared on the prescribed Subcontractors Declaration Form.

The successful Bidder will be required to furnish the necessary certified copies of the recorded additional bond(s) for the faithful performance of the Contract, as prescribed in the Contract Documents.

All Bid Bonds, Payment and Performance Bond(s), Insurance Contracts, and Certificates of Insurance shall be executed by a licensed agent of the surety or insurance company authorized to do business in the State of Florida.

Further, the Surety or insurance company shall be duly authorized and qualified to do business in the State of Florida and shall have an A. M. Best rating of IV-A or better and who is listed on the United States Treasury Department's T-list as acceptable to issue bonds for the applicable dollar amount.

The Bid may be withdrawn prior to the date and time of bid opening. Bids shall remain open and subject to acceptance for a period of thirty (30) calendar days after the date of bid opening, but the County at its sole discretion may release any Bid and Bid security. No bidder may withdraw its Bid for a period of thirty (30) calendar days after the date of Bid opening.

In order to perform work on public contracts, the successful Bidder shall have all licenses and permits required by federal, state, and local statutes, regulations, and ordinances.

The County will award the bid to the most responsive responsible bidder with the most advantageous offer to the county and that is most qualified to perform the services according to the specifications and qualifications listed in the Invitation to Bid. Bidders shall provide documentation that they can perform the required services along with documentation of past and present projects of this same nature, along with references. Failure to provide said documentation will result in bid being found non-responsive.

Before a Contract will be awarded for the Project contemplated herein, the County will conduct such investigations as is necessary to determine the performance record and ability of the apparent low bidder to perform the size and type of Project specified under the Contract. The County reserves the right to reject bids from bidders whose Dun & Bradstreet Comprehensive Report, past work performance with the County and other governmental agencies, including timeliness of completion of projects and history of payment to subcontractors or materialmen, are deemed by the County to be unsatisfactory. The Bidder shall submit with its bid detailed written evidence of experience and current commitments necessary to allow the County to evaluate the bidder's qualifications. Failure to do so will result in bid being found non-responsive.

The County reserves the right to reject any or all Bid(s), and may postpone the award of the Contract for a period of time which shall not extend beyond thirty (30) calendar days from the bid opening date.

A person or an affiliate who has been placed on the convicted vendor list following a conviction for 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, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendors list.

Walton County, as a political subdivision of the State of Florida, shall comply with Executive Order Number 11-02, dated January 4, 2011, and shall require that contractors utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of: (a) all persons employed during the contract term by the contractor to perform employment duties within Florida; and (b) all persons (including subcontractors) assigned by the contractor to perform work pursuant to the contract with the County.

Pursuant to §287.05701, Florida Statutes, the County may not request documentation of or consider a contractor’s social, political, or ideological interests when determining if the contractor is a responsible contractor. Further, the County may not give preference to a contractor based on the vendors social, political, or ideological interests.

WALTON COUNTY

LOCAL PREFERENCE APPLICATION

PROJECT NAME:

ITB NO.:

COLLECTION AND PURCHASE OF RECYCLABLE

AND SALVAGEABLE MATERIALS

24-21

Name of Business: _____________________________________________________

Address: __________________________________________________________

City, State: ______________________________________ Zip code:_____________

I hereby certify under penalty of perjury that my business qualifies as a local vendor/contractor in accordance with Walton County Purchasing Policies and Procedures, Procedure No: PP017.

□ My business maintains its principal place of business within Walton County; OR

□ My business has maintained a permanent place or places of business within Walton

County and has employed people who live in Walton County on a regular and continuing basis for at least six (6) months prior to the advertising of this Invitation to Bid.

Signature

Date

INSTRUCTIONS TO BIDDERS

WALTON COUNTY, FLORIDA

COLLECTION AND PURCHASE OF

RECYCLABLE AND SALVAGEABLE

MATERIALS

BID NO.: 24-21

DEFINED TERMS

The term "Bidder" shall mean one who submits a Bid directly to the County, as distinct from a sub-bidder, who submits a bid to a Bidder. The term "Responsible and Responsive Bidder" means a person or entity who has submitted a bid which conforms in all material respects to the requirements set forth in the Bidding Documents and has the capability, in all respects, to perform fully the contract requirements, and the tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment, and credit which will assure good faith performance. The term "Bidding Documents" includes the Invitation to Bid; Instructions to Bidders; Construction Contract; the Bid Form; Exhibit A - Scope of Services; Exhibit B - Fee Proposal; and Attachment I - ISRI Scrap Spec Circular, including all addenda issued prior to receipt of Bids. The term “A sealed bid” shall mean a bid which has been placed in an envelope and closed in such a manner that requires the closure be broken in order to open the envelope, and would likely reveal tampering if an attempt were made to open the bid before bid opening.

1. Complete sets of the Bidding Documents stated in the Invitation to Bid may be obtained on line at no charge at the following link; e-Procurement Portal.

2. Complete sets of Bidding Documents must be used in preparing bids; neither the County nor County landfill assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

COPIES OF BIDDING DOCUMENTS

https://procurement.opengov.com/portal/waltoncountyfl

QUALIFICATIONS OF BIDDERS

To demonstrate qualifications to perform the required services, each Bidder shall submit with their bid detailed written evidence of experience in providing services of the nature and scope similar to the services described in this Invitation to Bid, documentation of current commitments, a copy of all applicable occupational and state licenses, and such information as is required in the Questionnaire. Each Bidder must also be prepared to submit within five (5) business days of the County's request, written evidence, such as licenses, financial data, previous experience, present commitments, and other such data as may be requested by the County. Each Bid must contain evidence of Bidder's qualification to do business in the State of Florida.

Specifically, the Bidder shall have all licenses and permits required by federal, state, and local statutes, regulations, and ordinances.

EXAMINATION OF CONTRACT DOCUMENTS AND SITE

1. It is the responsibility of each Bidder before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, or performance of the services, including the time and cost in obtaining any necessary fee or permit, (c) consider federal, state, and local laws and regulations that may affect cost, progress, or performance of the services, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify the County of any conflicts, errors, or discrepancies in the Contract Documents. The County does not assume responsibility for the accuracy or completeness of the Contract Documents or for any additional reports, drawings, and specifications that may be made available for viewing by the County to any Bidder on request.

2. Before submitting a Bid, each Bidder will, at the Bidder's own expense, make or obtain any additional information and data which may affect cost, progress, and performance of the services and which Bidder deems necessary to determine its bid for performing the services in accordance with the time, price, and other terms and conditions of the Contract Documents.

3. On request, in advance, the County will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall restore the site to its former condition upon completion of such explorations.

4. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of these Instructions to Bidders including visiting the site to become familiar with local conditions that may affect the cost, progress, or performance of services; that without exception the Bid is premised upon performing and furnishing of the labor, services, equipment, and materials required by the Contract Documents in accordance with such means, methods, techniques, sequences, or procedures of service as may be indicated in or required by the Contract Documents; and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the services.

INTERPRETATIONS AND ADDENDA

1. All questions about the meaning or intent of the Contract Documents are to be posted on the County's e-Procurement portal accessible via the following link;

e-Procurement Portal.

DIRECTING QUESTIONS TO ANY OTHER COUNTY STAFF, PROJECT

ENGINEER, OR ANY OTHER PERSON IS PROHIBITED AND WILL RESULT IN BID

BEING DISQUALIFIED. Interpretations or clarifications considered necessary by the County in response to such questions will be issued by Addenda disseminated to all parties recorded as having received the Bidding Documents. QUESTIONS MUST

BE SUBMITTED TO PURCHASING NO LATER THAN 12 O’CLOCK NOON ON

May 16, 2024. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

2. Addenda may be issued to modify the Bidding Documents as deemed appropriate by the County.

BLACKOUT PERIOD

The period between the beginning of the advertisement for the Invitation to Bid and the contract award, any resulting bid protest is resolved, or the solicitation is otherwise canceled is referred to as the Blackout Period. During the blackout period any communication regarding the aforementioned solicitations is prohibited between the bidder (or its agents or representatives) or other entity with the potential for a financial interest in the award (or their respective agents or representatives) regarding such competitive solicitation, and any County Commissioner or County employee, selection committee member or other persons authorized to act on behalf of the Board including the County’s Architect, Engineer, or their sub consultants, or anyone designated to provide a recommendation to award a particular contract, other than Purchasing Division staff. Each competitive solicitation shall provide notice of the blackout period.

https://procurement.opengov.com/portal/waltoncountyfl

1. Exceptions to the Blackout Period

The blackout period shall not apply to:

a. Communications at any public proceeding or meeting, including pre-bid conferences, selection committee presentations, or pre-award meetings.

b. Communications during contract negotiations between designated County employees and the intended contract awardee.

c. Communication with a vendor by a Purchasing Division employee following the bid opening to clarify the vendor’s bid or intended scope of services.

d. Communication following the filing of a protest between the protesting party and the Purchasing Division, County Administrator’s Office, and the County Attorney’s Office, during the dispute resolution process.

e. Purchases exempt from competitive selection, sole source procurements, single source procurements, and emergency procurements, as defined in Walton County Board of County Commissioners Purchasing Policy and Procedure manual.

f. Communications with existing vendors in the performance of existing contracts.

BID SECURITY

1. Each Bid must be accompanied by Bid security in an amount of ONE THOUSAND AND 00/100THS DOLLARS ($1,000.00) made payable to Walton County Board of County Commissioners, and in the form of a certified bank check or a Bid Bond on the form attached, issued by a surety authorized to conduct business in the State of Florida and having an A. M. Best rating of IV-A or better and who is listed on the United States Treasury Department's T-list as acceptable to issue bonds for the applicable dollar amount.

2. The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract and has furnished the required certified copies of the recorded Performance and Payment Bond(s) and Certificates of Insurance. If the Successful Bidder fails to execute and deliver the Contract or furnish the required certified copies of the recorded Performance and Payment Bond(s) and Certificates of Insurance within ten (10) calendar days after the Notice of Award, the County may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders may be retained by the County until ten

(10) calendar days after the Notice of Award, whereupon Bid security furnished by such Bidders will be returned.

3. Failure to submit an appropriate Bid security shall result in the Bid being declared unresponsive.

BID FORM

1. The Bidder shall use the Bid Form included with the Bidding Documents.

Failure to use the Bid Form shall result in the Bid being declared un-responsive. All blanks on the Bid Form must be completed in ink by hand or typewritten.

2. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign), and the corporate seal must be affixed and attested. The corporate address and state of incorporation must be shown below the signature.

3. Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature, and the official address of the partnership must be shown below the signature.

4. All bids shall be notarized and names must be typed or printed below the signature. The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). The contact person, address, and telephone number for communications regarding the Bid must be shown.

5. Each bid must be accompanied by all applicable items on the Submittal Checklist provided on the last page of this Invitation to Bid, which include but are not limited to Public Entity Crimes Form (PUR 7068), Questionnaire, Drug Free Workplace Certification, Unauthorized Aliens Form, Conflict of Interest Disclosure Form, Bid Security, and a Subcontractor Declaration on the form provided stating the name, type of work to be performed, and percent of the total Base Bid from each subcontractor scheduled to perform more than 2% of the Project.

SUBMISSION OF BIDS

Electronic (preferred) or paper bids must be submitted. For paper, submit on a USB thumb drive along with ONE original paper bid at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked with the Project bid number, title (and, if applicable, the designated portion of the services for which the Bid is submitted), and name and address of the Bidder and accompanied by the bid security, Public Entity Crimes Statement (PUR 7068), Subcontractors Declaration, Drug Free Workplace Certification, and other required documents. The Bid submission shall bear the notation "ITB 24-21 COLLECTION AND PURCHASE OF RECYCLABLE AND SALVAGEABLE MATERIALS BID ENCLOSED" on the face of the envelope in large and conspicuous letters. Bidder is solely responsible for ensuring and verifying that its bid is in fact delivered to and received by the County by the submission deadline.

Alternatively, Walton County's preferred method of submission is an electronic bid submitted through its e-procurement portal accessible via the following link;

e-Procurement Portal.

MODIFICATION AND WITHDRAWAL OF BIDS

1. Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids.

2. Bids may not be withdrawn for a period of thirty (30) calendar days after the date of bid opening.

BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE

All bids shall remain open and subject to acceptance for a period of thirty (30) calendar days after the date of Bid opening, but the County at its sole discretion may release any Bid and return the Bid security prior to that date.

AWARD OF CONTRACT

1. The County reserves the right to reject any and all bids for any reason or for no reason as may be deemed necessary by the County to be in its best interest, including but not limited to, bids from any contractor who has failed to successfully complete a previous project to the satisfaction of the County. The County further reserves the right to waive any and all informalities, and reserves the right to reject all nonconforming, unresponsive, unbalanced or conditional Bids. The County reserves the right to reject the Bid of any Bidder if the County believes that it would not be in the best interest of the Project to make an award to that Bidder, because the Bid is not responsive or responsible, or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by the County. The County also reserves the right to enter into contract negotiations with the most qualified, responsible Bidder who submits the most responsive bid. The County reserves the right to award a contract to more than one bidder. Award of contract(s) shall be based on the most responsive bid(s) submitted BY CATEGORY (i.e., cardboard, plastics, aluminum cans). If the County and the most responsive Bidder cannot negotiate a successful contract the County may terminate such negotiations and begin negotiations with the next most qualified, responsible, and responsive Bidder. No Bidder shall have any rights against the County arising from such negotiations. Discrepancies in the multiplication of units of work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Where numeric data is given both in Arabic numerals and in written language, and where there exists a discrepancy between an Arabic numeral and written language, the written language shall be presumed to be correct and the Arabic numeral presumed incorrect.

2. The County reserves the right to delete any Bid items and the total Bid shall be determined as the sum of the Bid items awarded.

3. In evaluating Bids, the County will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements and other data, as may be requested in the Bid Form or prior to the Notice of Award. The County may conduct such investigations as the County deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors and other persons and organizations to perform and complete the Project in accordance with the Contract Documents to the County's satisfaction within the prescribed time.

4. If the contract is to be awarded, it will be awarded to the responsible and responsive Bidder(s) submitting the bid(s) most advantageous to the County whose evaluation by the County indicates to the County that the award will be in its best interest.

The County will give the Successful Bidder(s) a Notice of Award within thirty (30) days after the day of the Bid opening.

BID PROTEST

Any person or entity whose bid is rejected, in whole or in part, or who submits a bid but is not awarded the contract, may protest such decision. Written notice of intent to file a bid protest must be submitted with the Purchasing Department or Chief Financial Officer within twenty-four (24) hours after the Board’s declaration of its intention with regard to an award. Written protest must be submitted to Purchasing Manager or Chief Financial Officer within ten (10) calendar days after filing written notice of intent.

Each written protest must be accompanied by a bid protest bond in the form of a certified check, cashier’s check, or money order made payable to the Walton County Board of County Commissioners, in an amount not less than ONE THOUSAND

DOLLARS ($1000.00).

The condition of the protest bond shall be that, should the protest be determined to be without merit and non-valid, the bond shall be forfeited to the County in its entirety.

PUBLIC ENTITY CRIMES

A person or an affiliate who has been placed on the convicted vendor list following a conviction for 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, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendors list.

BID FORM & SCHEDULE

TO: BOARD OF COUNTY COMMISSIONERS, WALTON COUNTY, FLORIDA

Post Office Box 1355

DeFuniak Springs, Florida 32435

COLLECTION AND PURCHASE OF RECYCLABLE

AND SALVAGEABLE MATERIALS

BID NO.: 24-21

The County's contact person for additional information on this proposal:

Name: James Walters, Senior Bids and Proposals Analyst

Telephone Number: 850-892-8176 FAX Number: 850-892-8145

Email Address: waljames@co.walton.fl.us

Contractor's contact person for additional information on this bid (please provide)

Name: ________________________________________________ Title: ________________________________________________ Address: ________________________________________________

City/State/Zip: ________________________________________________

Phone: _______________________ FAX _____________________ Email: ________________________________________________

BIDDER'S DECLARATION AND UNDERSTANDING

The undersigned, hereinafter referred to as the "Bidder," declares that the only persons or parties interested in this bid proposal are those named herein, that this bid proposal is, in all respects, fair and without fraud, that it is made without collusion with any employee or official of the County, and that the bid proposal is made without any connection or collusion with any person submitting another bid proposal on this Project.

The Bidder further declares that it has visited the County Landfill;

examined all the Contract Documents; and has satisfied itself to the quantities involved, including materials and equipment and the conditions of work involved, including the fact that the description of work and materials, as included herein, is brief and is intended only to indicate the general nature of the Project and to identify the said quantities with the detailed requirements of the Contract Documents; and this bid proposal is made according to the provisions and under the terms of the Contract Documents which are made a part of this bid proposal.

CONTRACT EXECUTION, CERTIFICATES OF INSURANCE AND BONDS

If this Bid is awarded to Bidder, Bidder agrees to acknowledge the terms and conditions of the Contract and return a signed Contract with any required certified copies of the recorded Performance and Payment Bond(s) and Certificates of Insurance to the County within TEN (10) calendar days after Notice of Award. Failure to do so will result in loss of surety.

ADDENDA AND Q & A

The bidder hereby acknowledges that it has received Addenda Nos. __________, __________, __________, and Q & A Nos. ______, ______, ______ (Bidder shall insert No. of each Addendum and Q & A received) and agrees that all addenda issued are hereby made part of the Contract Documents, and the bidder further agrees that this bid proposal(s) includes all impacts resulting from said addenda.

SALES AND USE TAXES

The Bidder agrees that any and all applicable federal, state, and local sales and use taxes that are incurred by the Bidder are included in the stated bid price for the Project. The County is tax exempt from federal excise and state sales tax.

BID FOR THE COLLECTION AND PURCHASE OF RECYCLABLE AND SALVAGEABLE

MATERIALS.

Cardboard:

Current High Side Price minus $________________________per net ton (2000 lbs.) of baled old corrugated cardboard OCC (baled, picked up), based on Recyclingmarkets.net, Secondary Fiber Pricing (SFP), Atlanta (Southeast USA) index

Plastics:

Colored HDPE

Current High Side Price minus $________________________ per net ton (2000 lbs of colored HDPE plastics, (baled, picked up) based on Recyclingmarkets.net, Secondary Materials Pricing (SMP), Atlanta (Southeast USA) index.

PET

Current High Side Price minus $________________________per net ton

(2000 lbs.) of plastics, natural PET (baled, picked up) based on Recyclingmarkets.net, Secondary Materials Pricing (SMP), Atlanta (Southeast USA) index.

Aluminum Cans:

Current High Side Price minus $______________________ per net ton (2000 lbs.) of aluminum cans (baled, picked up) based on Recyclingmarkets.net, Secondary Materials Pricing (SMP), Atlanta (Southeast USA) index.

Name: ____________________________________________________

Title: ____________________________________________________

Address: ____________________________________________________ City/State/Zip: ____________________________________________________

Email: ____________________________________________________ which is the address to which all communications concerned with the Bid and with the Contract shall be sent.

The names of the principal officers of the corporation submitting this bid proposal, or of the partnership, or of all persons interested in this bid proposal as principals are as follows:

DATED this ____ day of _____________________, 2024.

BIDDER: ____________________________

CORPORATE SEAL

IF APPLICABLE By: _________________________________

Printed Name: ________________________ As Its: _______________________________

Address: _____________________________

Payments for the Recyclable and Salvageable Materials purchased from Walton County shall be within 30 days following the end of the month in which the loads of recyclables were purchased. Daily sheets and sell tickets shall be provided at time of payment.

BIDDER

The name and address of the Bidder submitting this Bid is:

License Number (if applicable)ATTEST:

IF NOT A CORPORATION

STATE OF FLORIDA

COUNTY OF

____________________ (Name of Bidder) _____________________ (Title) of (Address) __________________________, ______________, Florida __________, to me well known to be the person described herein or has produced __________________as identification and who executed the foregoing instrument by means of ☐ physical presence or ☐ online notarization, and who acknowledges that said execution was done freely and voluntarily for the uses and purposes therein expressed.

Witness my hand and seal this ___ day of _____________, 2024.

NOTARY PUBLIC

[SEAL] Commission No: __________________

My Commission Expires: ____________

IF CORPORATION

STATE OF FLORIDA

COUNTY OF

____________________ (Name of Bidder) _____________________ (Title) of (Address) __________________________, ______________, Florida __________, to me well known to be the person described herein or has produced __________________as identification and who executed the foregoing instrument by means of ☐ physical presence or ☐ online notarization, and who acknowledges that they did so as officer(s) of said corporation all by and with the authority of the Board of Directors of said corporation.

Witness my hand and seal this ___ day of _____________, 2024.

NOTARY PUBLIC

[SEAL] Commission No: __________________

FLORIDA BID BOND

COLLECTION AND PURCHASE OF RECYCLABLE AND

SALVAEABLE MATERIALS

BOND NO. ____________________

AMOUNT: $___________________

KNOW ALL MEN BY THESE PRESENTS, that _____________________________, hereinafter referred to as the "Principal", and ___________________________________, a corporation duly organized under the laws of the State of Florida having its principal place of business at _________________________________________ in the State of

_______________ and authorized to do business in the State of Florida, as Surety, are held and firmly bound unto Walton County, Florida, a political subdivision of the State of Florida, hereinafter referred to as the "Obligee", in the full and just sum of ONE THOUSAND AND 00/100THS DOLLARS ($1,000.00), as lawful money of the United States of America, the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

CONDITION OF THIS BOND:

WHEREAS, the Principal contemplates submitting or has submitted a bid to the

Walton County Board of County Commissioners for the furnishing of all labor, materials

(except those specified to be furnished by the County), equipment, machinery, tools, apparatus, means of transportation for, and the performance of the work covered in the Invitation to Bid No. 24-21 Co l l ec t i on and Pu rchase o f Recyc l ab l e and Sa l vageab le Ma te r i a l s .

WHEREAS, it was a condition precedent to the submission of said bid that a cashier's check, certified check, or bid bond in the amount of ONE THOUSAND AND 00/100THS DOLLARS ($1,000.00) be submitted with said bid as a guarantee that the Bidder would, if awarded the Contract, enter into a written Contract with the County for the performance of said Contract, within TEN (10) consecutive calendar days after written notice is given of the award of the Contract.

Should litigation be necessary to enforce any term or provision of this Bid Bond or to collect any portion of the amount payable under this Bid Bond, then all litigation and collection expenses, witness fees, court costs and attorney's fees shall be paid to the prevailing party.

Signed and sealed this ____ day of __________________, 2024.

PRINCIPAL SURETY

BY: ____________________________ BY: ____________________________

ATTORNEY-IN-FACT

TYPED NAME & TITLE TYPED NAME & TITLE

AGREEMENT FOR

COLLECTION AND PURCHASE OF RECYCLABLE

AND SALVAGEABLE MATERIALS

CONTRACT NO.: 24-21

THIS AGREEMENT is made this _____ day of ______________, 2024, between WALTON COUNTY, FLORIDA, a political subdivision of the State of Florida, whose address is 76 North Sixth Street, DeFuniak Springs, Florida 32433, the "County", and ___________________, a Florida corporation/limited liability company (or foreign corporation authorized to do business in the State of Florida), whose address is ______________________, the "Vendor".

NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained, the parties hereto agree as follows.

SECTION 1. INTENT: AGREEMENT WITH VENDOR.

The County desires to enter into an agreement with the Vendor for the collection, purchase and transport of cardboard, plastics, and aluminum cans from the Walton County Landfill (the “Landfill”).

SECTION 2. SCOPE OF SERVICES.

Vendor shall pick up, purchase and transport recyclable cardboard, plastics, and aluminum cans from the Landfill and shall promptly pay the County as agreed upon in accordance with the Scope of Services set forth in Exhibit A which is attached and incorporated by reference. Vendor shall be offered first right of refusal on all other recyclables not covered under this agreement. All sales of recyclable materials shall be at the sole discretion of the County.

SECTION 3. COUNTY'S RESPONSIBILITY.

Except as provided in the Scope of Services, the County's responsibilities are to furnish Vendor access to the Landfill and manpower necessary to load recyclable cardboard, plastics, and aluminum cans onto Vendor’s vehicles. The County hereby designates the County Administrator or his designee to act on the County's behalf with respect to the Scope of Services. The County Administrator shall have complete authority to transmit instructions, receive information, interpret, and define County's policies and decisions with respect to materials, elements, and systems pertinent to Vendor’s services.

The County’s performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners.

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SECTION 4. TERM OF AGREEMENT.

The term of this Agreement shall begin upon its complete execution and continue for two years with the option to renew for TWO (2) additional terms of ONE (1) year each, unless earlier terminated by the County.

SECTION 5. PAYMENT TO COUNTY.

Compensation to the County under this Agreement for the purchase of salvageable materials shall be as set forth in Exhibit B attached hereto.

Payment for the recyclables shall be submitted within THIRTY (30) days following the end of the month in which the loads of recyclables were purchased.

Weight tickets are subject to verification by the County.

In the event the agreed-upon price for recyclable cardboard, plastics, or aluminum cans meeting the specifications is less than ZERO DOLLARS ($0), the County shall hold the affected commodity until such time as the price to be paid for said recyclable materials is greater than ZERO DOLLARS ($0). If at any time the held commodities fail to meet the required specifications, the County reserves the right to dispose of said commodities. Under no circumstances shall the County owe Vendor for the collection or sale of any materials, subject to Vendor’s right to return materials not meeting Specifications to County in accordance with Exhibit A. Additionally, Vendor has the right to suspend collection with a negative value.

SECTION 6. DOCUMENTS.

The documents which comprise this Agreement between the County and the

Vendor are:

A. This Agreement;

B. The Scope of Services attached hereto as Exhibit A;

C. Fee Schedule attached hereto as Exhibit B;

D. Walton County Invitation to Bid No. 24-21, Collection and Purchase of

Recyclable and Salvageable Materials with Attachment 1 - ISRI Scrap Specification Circular;

E. Vendor’s bid submitted in response to Walton County Invitation to Bid No.

24-21; and

F. Any written amendments, modifications or addenda to this Agreement.

In the event of a conflict between any documents comprising this Agreement, the documents shall be construed in the following order of priority: 1) the terms of this Agreement; 2) the provisions of Invitation to Bid No. 24-21, Collection and Purchase of Recyclable and Salvageable Materials; and then 3) the Vendor’s reply submitted in response to Invitation to Bid No. 24-21.

SECTION 7. EQUAL OPPORTUNITY EMPLOYMENT.

In connection with the work to be performed under this Agreement, Vendor agrees to comply with the applicable provisions of State and Federal Equal Employment Opportunity statutes and regulations.

Drafted by the Office of the County Attorney.

Approved by the Board of County Commissioners _____________, 2024.

SECTION 8. E-VERIFY

Vendor utilizes the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of: (a) all persons employed by the Vendor during the term of the Agreement to perform employment duties within Florida; and (b) all persons (including subcontractors) assigned by the Vendor to perform work pursuant to the Agreement.

SECTION 9. PROHIBITION AGAINST CONTINGENCY FEES.

Vendor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Vendor to solicit or secure this Agreement and that Vendor has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for Vendor, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the County shall have the right to terminate this Agreement without liability, and at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration.

SECTION 10. INSURANCE.

A. The Vendor shall purchase and maintain such commercial (occurrence form) or comprehensive general liability, workers compensation, and other insurance as is appropriate for the services being performed hereunder by Vendor, its employees or agents. The amounts and types of insurance shall conform to the following minimum requirements:

1. Worker's Compensation. Coverage must apply for all employees and statutory limits in compliance with the applicable state and federal laws unless Contractor provides a current Florida Workers Compensation exemption certificate. In addition, the policy must include the following:

a. Employer's Liability with a minimum limit per accident in accordance with statutory requirements.

b. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide County with thirty (30) days’ written notice of cancellation and/or restriction.

2. Comprehensive General Liability. Coverage must include:

a. $1,000,000.00 combined limit per occurrence for bodily injury, personal injury and property damage.

b. Contractual coverage applicable to this specific contract, including any hold harmless and/or indemnification agreement.

c. Additional Insured. County is to be specifically included as an additional insured.

d. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide County with thirty (30) days’ written notice of cancellation and/or restriction.

3. Comprehensive Automobile Liability Coverage must be afforded on a form no more restricted than the latest edition of the Comprehensive

Automobile Liability Policy filed by the Insurance Services Office and must include:

a. $300,000 combined single limit per accident for bodily injury and property damage.

b. Owned Vehicles

c. Hired and Non-Owned Vehicles

d. Employee Non-Ownership

e. Additional Insured. County is to be specifically included as an additional insured.

f. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide County with thirty (30) days’ written notice of cancellation and/or restriction.

B. Certificates of Insurance evidencing the insurance coverage specified in this Section shall be filed with the County. The Certificates of Insurance shall be filed with County before this Agreement is deemed approved by the County. The required Certificates of Insurance not only shall name types of policies provided, but also shall refer specifically to this Agreement. All the policies of insurance so required of Vendor except workers compensation and professional liability insurance shall be endorsed to include as additional insured the County, its officers, employees, and agents to the extent of the County’s interests arising from any contract agreement between County and Vendor. If the initial insurance expires prior to completion of the work, renewal Certificates of Insurance shall be furnished thirty (30) days prior to the date of their expiration.

C. Insurance coverage shall be placed with insurers or self-insurance funds, satisfactory to the County, licensed to do business in the State of Florida and with a resident agent designated for the service of process. All insurers shall have an "A" policyholder's rating and a financial rating of at least Class IV in accordance with the most current Best's rating. Vendor shall provide the County with financial information concerning any self insurance fund insuring Vendor. At the County's option, a Best's rating or Self-Insurance Fund financial information may be waived.

SECTION 11. TERMINATION OF AGREEMENT BY THE COUNTY.

This Agreement may be terminated by either party, with or without cause. If this Agreement is so terminated Vendor shall submit payment to County for all recyclable cardboard, plastics, and aluminum cans already picked up from Landfill pursuant to the terms and conditions of this Agreement, up to the date of termination.

SECTION 12. PUBLIC ACCESS.

A. Vendor shall comply with the requirements of Florida’s Public Records law. In accordance with Section 119.0701, Florida Statutes, the Vendor shall (1) keep and maintain public records required by the public agency to perform the service; (2) upon request from the public agency’s custodian of public records, provide the public agency 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 under Florida’s Public Records law or as otherwise provided by law; (3) 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 this contract if the Vendor does not transfer the records to the public agency; and (4) upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Vendor or keep and maintain public records required by the public agency to perform the service. If the Vendor transfers all public records to the public agency upon completion of the contract, the Vendor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Vendor keeps and maintains public records upon completion of this contract, the Vendor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from public agency’s custodian of public records, in a format that is compatible with the information technology system of the public agency.

B. IF VENDOR HAS QUESTIONS REGARDING THE

APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO

VENDOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO

THIS AGREEMENT, VENDOR SHALL CONTACT THE CUSTODIAN OF

PUBLIC RECORDS AT:

Genara Roop, Records Management Liaison Officer 161 E. Sloss Avenue DeFuniak Springs, Florida 32433 850-892-8110 publicrecords@co.walton.fl.us

C. In the event the County must initiate litigation against Vendor in order to enforce compliance with Chapter 119, Florida Statutes, or in the event of litigation filed against the County because Vendor failed to provide access to public records responsive to a public record request, County shall be entitled to recover all costs, including but not limited to reasonable attorneys’ fees, costs of suit, witness fees, and expert witness fees expended as part of said litigation and any subsequent appeals.

SECTION 13. RECORDS.

The Vendor shall maintain records, and the County shall have inspection and audit rights as follows:

A. Maintenance of Records: The Vendor shall maintain all financial and non-financial records and reports directly or indirectly related to the negotiation or performance of this Agreement including supporting documentation for any service mailto:publicrecords@co.walton.fl.us rates, expenses, research, or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from completing performance and submitting final payment under this Agreement.

B. Examination of records: The County or its designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this Agreement. Such examination may be made only within five (5) years from the date of final payment received by County under this Agreement and upon reasonable notice, time, and place.

Records which relate to any litigation, appeals, or settlements of claims arising from performance under this Contract shall be made available until a final disposition has been made of such litigation, appeals, or claims.

SECTION 14. CONTROLLING LAW AND ATTORNEY FEES

A. This Agreement is to be governed by the laws of the State of Florida. The venue for any litigation resulting out of this Agreement shall be in Walton County, Florida.

B. Should Walton County take any action to enforce any term or provision of this Agreement, or to collect any portion of the amount payable under this Agreement, including, but not limited to, litigation, then all reasonable litigation and collection expenses, witness fees, expert witness fees, court costs, and reasonable attorneys' fees shall be paid to Walton County by the Vendor.

SECTION 15. SUCCESSORS AND ASSIGNS.

The County and Vendor bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the County nor Vendor shall assign or transfer any interest in this Agreement without the written consent of the other.

SECTION 16. EXTENT OF AGREEMENT.

A. This Agreement represents the entire and integrated agreement between the

County and Vendor and supersedes all prior negotiations, representations, or agreement, either written or oral.

B. This Agreement may only be amended, supplemented, modified, changed, or canceled by a duly executed written instrument.

SECTION 17. INDEMNIFICATION OF THE COUNTY.

Vendor shall indemnify and hold harmless the County and its officers and employees from liabilities, damages, losses, and costs, including but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Vendor and other persons employed or utilized by

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