HomeMy WebLinkAboutR-2013-129 Ratified & Approved Purchase of Sulfuric Acid for FY 2013-14 from Shrieve Chemical Company for use in Nanofiltration Water Plant not to Exceed $90,000.00 RESOLUTION NO. 2013-129
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, RATIFYING AND APPROVING THE PUBLIC
SERVICES DEPARTMENT PURCHASE OF SULFURIC ACID DURING
FISCAL YEAR 2013-2014 FROM SHRIEVE CHEMICAL COMPANY, USING
PRICING AVAILABLE UNDER THE CITY OF DEERFIELD BEACH AS
LEAD AGENCY FOR THE SOUTHEAST FLORIDA GOVERNMENTAL
COOPERATIVE GROUP PURCHASE CONTRACT FOR BID NO. 2008-09/26,
FOR USE IN THE NANOFILTRATION WATER PLANT IN AN AMOUNT
NOT TO EXCEED $90,000.00; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4,
Subsection 0), authorizes the City Manager to purchase supplies, services, equipment and
materials for the City government in amounts in excess of the established monetary threshold
without competitive bidding and without advertisement for bids if he is authorized to do so in
advance by a resolution adopted by the City Commission; and
WHEREAS, the Dania Beach Code of Ordinances, Chapter 2, Article 1, Section 2-10,
"Monetary thresholds for certain purchases and payment disbursement authorizations",
Subsection(a), sets the monetary threshold or limitation at$25,000.00; and
WHEREAS, the Director of the Public Services Department has determined that it is
necessary to purchase certain chemicals for City uses; and
WHEREAS, the Director of the Public Services Department has determined that such
chemicals can be purchased at the least cost to the City from Shrieve Chemical Company using
current available pricing and terms obtained under the Southeast Florida Co-op Purchasing
Program; a copy of the Agreement is attached as Exhibit "A", and it is made a part of and
incorporated into this Resolution by this reference;
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH,FLORIDA:
Section 1. That the City Commission ratifies and approves the Public Services
Department purchases of sulfuric acid during Fiscal Year 2013-2014 from Shrieve Chemical
Company, using pricing available under the City of Deerfield Beach as lead agency for the
Southeast Florida Governmental Cooperative Group Purchase Contract for Bid No. 2008-09/26,
for use in the Nanofiltration Water Plant in an amount not exceed Ninety Thousand Dollars
($90,000.00).
Section 2. That the funding was planned and is available from appropriations in the
Water Fund—Water Plant, Chemicals Account, Account No. 401-33-03-533-52-40.
Section 3. That the City Manager and City Attorney are authorized to make minor
revisions to the Agreement which are deemed necessary and proper and in the best interests of
the City.
Section 4. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 5. That this Resolution shall become effective immediately upon its passage
and adoption.
PASSED AND ADOPTED on October 22, 2013.
ATTEST:
._✓
LOUISE STILSON, CMC WALT R B. DUKE, III
CITY CLERK MAYOR
APPROVED A O F AND CORRECTNESS:
THO IAS . ANS O .
CITY ATTORN Elf
2 RESOLUTION#2013-129
Southeast Florida Governmental Purchasing
Cooperative Group
CONTRACT AWARD
Please complete each of the applicable gray boxes and submit with bid documents and applicable award notices
and tabulations to 1piper@myboca.us for placement on the NIGP SE FL Florida Website Coop Contract page.
BID/RFP NO.: ITB#2012-13/18
DESCRIPTION/TITLE: Sulfuric Acid 93%
INITIAL CONTRACT TERM: Starts:06/01/13 Ends:05/31/16
RENEWAL TERMS OF CONTRACT: 3 RENEWAL OPTIONS FOR 1 YEAR.
(Number of renewals) (period of time)
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SECTION#1 -VENDOR AWARD
Vendor Name: Shrieve Chemical Company
Vendor Address: 1755 Woodstead Ct,The Woodlands,TX 77380
Contact: Ted Threadgill,Vice President—SE Region
Phone: 281-367.4226 Fax: 281-367-0071
Cell/Pager: N/A Email Address: tthreadgill@shrieve.com
Website: www.shrieve.com
FEIN: 74-1994881
SECTION#2—AWARD/BACKGROUND INFORMATION
Award Date: May 21,2013 Resolution/Agenda Item No.: 2013/108
Insurance Required: Yes
Performance Bond Required: No
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SECTION#3-LEAD AGENCY
Agency Name: City of Deerfield Beach
Agency Address: 401 SW 0 St,Deerfield Beach,FL 33441
Agency Contact: David Santucci,Purchasing Manager
Telephone: 954-480.4380 Facsimile: 964-480-4388
Email: dsantucci@deerrield-beach.com
1
150 N.E.Second Avenue Ueerlield Beach,Florida 33441-3598 Telephone(95 t)480-4200 Fax(954)480-4268
city of
i D E E R F I E L 0
S E A L M
May 27, 2013
SENT VIA CERTIFIED MAIL
Ted Threadgill,Vice President—SE Region
Shrieve Chemical Company
1755 Woodstead Ct.
The Woodlands, TX 77380
RE: Sulfuric Acid 93%
ITB#2012-13/18
Dear Mr. Threadgill,
Congratulations, the City Commission awarded the referenced contract to
your firm at the May 21, 2013 Commission Meeting. Attached is a
Purchase Order, which together with ITB #2012-13/18 and your bid
response forms the complete contract. The initial contract term is three
(3) years, beginning June 1, 2013 and ending May 31, 2016. Thereafter,
there are three (3) one-year (1 yr) optional renewal terms. Within fifteen
(15) days of receipt of this letter please provide an updated certificate of
insurance which complies with the contract requirements naming the City
HaYor of Deerfield Beach as additionally insured.
Jean M.Rohh
P Miller
As you know the City of Deerfield Beach is the lead agency for this
Joseph P.Dull
Vice Southeast Florida Governmental Purchasing Cooperative Group
Contract. The following agencies are participants on the contract: Cooper
Co►ninissioners City, Dania Beach, City of Ft. Lauderdale, City of Hallandale, City of
Bill Ganz Hollywood, City of Pompano Beach, and City of Sunrise. No other agencies
Ben Preston may participate at this time and with prior lead agency approval.
Richard S.Rosenzweig
We look forward to continuing our business relationship with your firm.
Burgess
ss City n Should you have any questions, please call me at (954)480-4380.
s Hanson
0
- --- Sincerely,
IntemetCoast
oeHn.w eeaeh oeernew eean
2.0.01, 2.0.0.3, David Santucci, CPPB
Purchasing Manager
Deeineio aeaen
2 0-04, Enclosure
c: Bernard Buxton-Tetteh, Division Operations Manager
wtmaleerfield-beach.com Re y.W Naprr
BLANKET OPJZER FLORIDATATESALESTAXEXEMPTION
PURCHASE ORDER
NO.85-8012G2155BC-7
Purchasing Division
401 S.W.4th Street P.O.NUMBER DATE PAGE
City of Deerfield Beach, Florida 33441 028275 5/2 2/13 1
0 E E R F 1 E r a (954)480-4380•Fax: (954)480-4388 Q
B E A G FH THIS NUMBER MUST APPEAR ON ALL INVOICES,
PACKING LISTS, LABELS, BILLS OF LADING
AND CORRESPONDENCE FOR PAYMENT TO
BE PROCESSED.
SHIP TO:
SHRIEVE CHEMICAL COMPANY CITY OF DEERFIELD BEACH
1755 WOODSTEAD COURT WEST WATER PLANT
THE WOODLANDS TX 77380 WATER PLANT OPERATIONS
290 GOOLSBY BLVD
DEERFIELD BEACH FL 33442
VENDOR NO. DELIVER BY HI VIAF.O.B. TERMS
22955 5/22/13 BESTWAY DEERFIELD BEACH NET
CONFIRM BY BUYER I REQUISITIONED BY
JERRY JACKSON IDAVE SANTUCCI ATER PLANT
FREIGHT CONTRACT NO. ACCOUNT NUWgffff----1 PROJECT REQ.NO. REQ.DATE
i
PURCHASE OF SULFURIC ACID 93%
I
a roved on May 21, 2013, Resolution
# �13/108 .
EFFECTIVE DATE: 6/01/13
y EXPIRATION DATE: 9/30/13
NOT TO EXCEED 42450.00
REMARKS:
; ITB 2012-13/18, Sulfuric Acid 93%. All terms,
conditions, specifications, and prices Ln the ITB
land Contractors bid shal pp1 Commis io
Initial Contract term: 6�/1713 %hrough 5 31716 .
----------------------------
IACCOUNT NUMBER AMOUNT
-40150205333511 2450.00
1
� yty
t
i
PLEASE SEND INVOICES TO: I CERTIFY THAT TOABVRCHA I CESSARY FOR THE PROPER OPERATION
OF THE CITY OF DAC HAT THE FUNDS ARE APPROPRIATED IN THE
CITY OF DEERFIELD BEACH CURRENT BUDGE
CITY HALL-ACCOUNTS PAYABLE
150 NE 2ND AVENUE
DEERFIELD BEACH,FL 33441 AUTHORIZED SIGNATURE
RECEIVED COMPLETE AND IN GOOD ORDER
SEE CONDITIONS ON REVERSE SIDE
VENDOR COPY
REV 10/07 AUTHORIZED FOR PAYMENT
I
RESOLUTION NO. 2013/108
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DEERFIELD BEACH, FLORIDA APPROVING THE AWARD OF ITB
#2012-13/18 FOR SULFURIC ACID 93% TO SHRIEVE CHEMICAL
COMPANY FOR AN ESTIIVIATED ANNUAL EXPENDITURE OF
$127,350.00.
WHEREAS,the City of Deerfield Beach served as the lead agency for Southeast Florida
Governmental Cooperative Purchasing Group Bid#2012-13/18 for the purchase of sulfuric acid
93%;and
WHEREAS, on Friday, March 22, 2013, twenty-one (21) invitation letters were sent to
the appropriate registered vendors with the City via e-mail,facsimile,or USPS; and
WHEREAS, on Wednesday, April 17, 2013 the Purchasing Division received two (2)
responsive bids;and
WHERERAS,the lowest responsible responsive bidder is Shrieve Chemical Company at
a per ton cost of$141,50;
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DEERFIELD BEACH,FLORIDA,AS FOLLOWS:
Section 1.The above referenced"Whereas" clauses are true and correct and made a part
hereof.
Section 2. The City Commission does hereby approve the award of ITB #2012-13/18 for
sulfuric acid 93% to Shrieve Chemical Company for an estimated annual expenditure of
$127,350.00. The City Manager or designee is hereby authorized to execute any appropriate
documents.
Section 3. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED THIS 21sT DAY OF MAY, 2013.
w e� n n
AN M. OBBMA`YOR
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City of
0 E E R F I E L 0
B E A C H
Section 5
Bid Package
Sulfuric Acid 93%
ITB #2012-13/18
Submitted By:
Company Name: Shrieve Chemical Company
Street Address: 1755 floods tead Court
City/State/Zip: The Woodlands, TX 77380
Point of Contact: Ted Threadgill
Phone No.: 281-367-4226 FaX: 281-367-0071 E-Mail: tthreadpill@shrieve.com
BP-1
BID#2012-13118
Bid Certification
(Page 1 of 3)
1 have received, read and agree to the all terms and conditions as set forth in ITB #2012-13/18, Sulfuric
Acid 93%. 1 hereby recognize and agree that upon execution by an authorized officer of the City of
Deerfield Beach, this Bid Package, together with the ITB, the resulting Contract, and all other documents
prepared by or on behalf of the City of Deerfield Beach for this solicitation, shall become a binding
agreement between the parties for the services to be provided in accordance with the terms and
conditions set forth herein. I further certify that all information and documentation contained within this
Bid to be true and correct.Ted Threadeill jeZ1 c�7B
G�U OJ5, _L
Printed Name/Signature
Addendum Acknowledgment(if applicable):
Bidder acknowledges that the following addenda have been received and are included in his/her Bid
Package:
Addendum No. Date Issued
Statement of No Bid (if applicable):
The above named company does not intend to submit a bid for the following reason: insufficient time to
respond, do not offer product or service, unable to meet specifications, schedule will not permit or any
other reason as stated:
Communications regarding this bid shall be addressed to:
Company Name: Shrieve Chemical Company
Social Security No./Federal Tax Id: f7 q— / 9 9 y 1
Bidder's Name (Print): Ted Threadgill Title: Vice President-SE Region
Address: 1755 Woodstead Court
The Woodlands TX 77380
City State Zip Code
Telephone: ( 281 367-4226 Fax: ( 281 ) 367-0071
E-mail: tthreadgill@shrieve.com
BP-2
BID#2012-13/18
Bid Certification
Page(2 of 3)
Certification of Bidder, If an Individual
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me this day of 12012 by
who is personally known to me or who has produced
(type of identification), as identification.
NOTARY'S SEAL:
NOTARY PUBLIC, STATE OF FLORIDA
(Signature of Notary Taking Acknowledgment)
(Name of Acknowledger Typed, Printed or Stamped)
My Commission Expires:
Certification of Bidder, If a Partnership
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me this day of .2012 by
, partner on behalf (name of
partnership), a partnership. He/she is personally known to me or who has produced
(type of identification), as identification.
NOTARY'S SEAL:
NOTARY PUBLIC, STATE OF FLORIDA
(Signature of Notary Taking Acknowledgment)
(Name of Acknowledger Typed, Printed or Stamped)
My Commission Expires:
BP-3
BID#2012-13/18
Bid Certification
Page(3 of 3)
Certification of Bidder, If a Corporation
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me this tk day of A I p r t ( ,2012 by
Ted Threadeill , as Vice President-SE Region (title)
of Shrieve Chemical Company (Name of corporation). He/she is personally
known tome or who has produced (type of identfication), as identification.
NOTARY'S SEAL: A ��
NOTARY PUBLIC, STATE OF FteRtBA 7C X,;�S
(Signature of Notary Taking Acknowledgment)
V rs /9 i�7u 1(0 r , F.x rc. /col I-P Iti
(Name of Acknowledges Typed, Print or Stamped)
My Commission Expires: /(,
BP-4
BID#2012-13/18
Bid Schedule
(Page 1 of 2)
The undersigned hereinafter called the Bidder, hereby agrees to supply the products at the price
submitted below in accordance with the terms, conditions and specifications contained in this ITB. Price
adjustments shall be in accordance with the index specified below. Price shall include delivery, labor,
equipment, supplies, management, travel, etc. No surcharges for fuel or otherwise shall not be accepted
or allowed.
Note: Bidder shall provide all information required below, and fill in all blank spaces.
1. Price Information:
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Its
Sulfuric Acid 93% 13,800 Tons x $ 141.50 = $ 1,952,700
2. Product Information:
a. Product offered: NSF Certified, Sulfur—Burned Virgin Sulfuric Acid
b. Manufacturer. Mosaic
c. Percentage H2SO4: 93.6 %
d. Minimum percentage of sulfuric acid 93.19 %
e.Average percentage of sulfuric acid 93.6 %
f. Speck gravity at 60 degrees Fahrenheit: 1.83
g. Product weight (pounds per gallon): 15.3
h. Iron as Fe (ppm): Typical 12 ppm
3. Index used for pricing adjustments(Check One):
❑ Producer Price Index - Commodities (PPI) for Chemicals and Allied Products, Sulfuric Acid
(Commodity Code 0613020T1), not seasonally adjusted.
OR
Green Markets, Sulfur Posting, Recovered LT,Tampa c(Contract)
Currently $150.00
BP-5
BID#2012-13/18
Bid Schedule
(Page 2 of 2)
4. Order and Delivery Information:
a. Minimum order requirement: 23 Tons
b. Delivery time after receipt of order: 1 Calendar Days
c. State telephone number for placement of orders: 800-367-4226
d. State telephone number for emergency contact after regular hours: 800-367-4226
Company Name: Shrieve Chemical Company
Bidder's Name: Ted Threadgill
Bidder's Title: Vice President-SE Region
Bidder's Signature:
BP-6
BID#2012-13/18
Qualification Statement
The undersigned certifies under oath the truth and correctness of all statements and of all answers to
questions made hereinafter:
Submitted to: City of Deerfield Beach
Address: Purchasing Division
401 SW 4" Street
Deerfield Beach, Florida 33441
Cir
Cot�7p'
Submitted By: Shrieve Chemical Company Partners
Individual
Name: Ted Threadgill Other
Address: 1755 bloods toad Court
City, St., Zip The Woodlands, TX 77380
Note: Additional sheets may be attached if necessary.
1. State the true, exact, correct and complete name of the partnership, corporation, trade or fictitious
name under which you do business and the address of the place of business.
The correct name of the Bidder is: Shrieve Chemical Company
The address of the principal place of business: 1755 Woodstead Court, The woodlands
TX 77380
2. If Bidder is a corporation, answer the following:
a. Date of Incorporation: September 7, 1978
b. State of Incorporation: Texas
C. President's name: Jerry Jackson
d. Vice President's name: Ted Threadgill
e. Secretary's name: Kristina Mordaunt
f. Treasurer's name: Jim Coffey
g. Name and address of Resident Agent: Ted Threadgill, 236 McLean Point
Court, Winter Haven, FL 33884
BP-7
BID#2012-13/18
3. If Bidder is an individual or a partnership, answer the following:
a. Date of organization: ) f
b. Name, address and ownership units of all partners:
C. State whether general or limited partnership:
4. If Bidder is other than an individual, corporation or partnership, describe the organization and give
the name and address of principals:
5. If Bidder is operating under a fictitious name, submit evidence of compliance with the Florida
Fictitious Name Statute. N /A
6. How many years has your organization been in business under its present business name? 35
a. Under what other former names has your organization operated?
N/A
b. How many years has your company been in business providing the products relevant to
this ITB? 35
C. How many government agencies has your company provided these products to and which
ones?
Virtually all Florida water treatment plants, Please see reference list.
7. Indicate registration, license numbers or certificate numbers for the businesses or professions
which are the subject of this ITB.{{Please attach certificate of competency and/or state registration.
-SeeGI-4GchPG1
BP-8
BID#2012-13/18
8. Have you ever failed to complete any work awarded to you? If so, state when, where, and why?
NO
9. Will you be using any subcontractors?yes or no NO
a. If so, state the name, address, phone number, and tasks to be performed for each?
10. For purposes of determining any possible conflicts of interest, all bidders must disclose if any City
of Deerfield Beach employee is also an owner, or employee of their business. Indicate either
"yes" or"no". If yes, give person(s) names(s) and position(s) and you must file a statement with
the Supervisor of Elections, pursuant to Florida Statutes 112.313.with your business.
Yes No Name (s)and Position (s) N/A
11. State the name of the individual who will have personal supervision of the work and/or be the
dedicated representative and point of contact to the City
Ted Threaagill
12. Provide the ordering methods acceptable to your firm (Phone, Fax, Online, etc).
(281) 367-4226 or ejohnson@shrieve.com
13. Provide the location of production facilities and manufacturing plants.
Mosaic Riverview, FL and Hosaic, South Pierce, FL
14. What is your companies contingence plan should interruptions in supply or delivery occur?
We have been in business for 35 years in Florida and have managed in
all hurricanes and natural disasters.
BP-9
BID*2012-13/18
The Bidder acknowledges and understands that the information contained in response to this
qualifications statement shall be relied upon by the City in awarding the Contract and such information is
warranted by the Bidder to be true. The discovery of any omission or misstatement that materially affects
the Bidder's qualifications to perform under the Contract shall cause the City to reject the bid, and if after
the award to cancel and terminate the award and/or Contract.
— 2-tJ —Z�Jy4x y -IS -13
Bidder's Signature Date
BP-10
BID#2012-13/18
Schedule"A"
City of Deerfield Beach Disclosure Formm
Applicant Seeking a City Contract
Name of Person Filing this Form: Ted Threadgill
Principal for whom the signatory is acting: Shrieve Chemical Company
Name of Company Filing this Form: Shrieve Chemical Company
Matter before the City Commission for which this is being filed: Sulfuric Acid 93%, ITB#2012-13118.
Relationship of signatory to principal: Vice President-SE Region
Pursuant to Section 5 of Ordinance No. 2009/006, City of Deerfield Beach Ethics Code, any applicant for
a land use change or development permit requiring approval of the City Commission or any person/entity
seeking a City agreement through an Invitation to Bid, request for qualifications or sealed bids process
must provide the following information:
(if not applicable, please indicate below. Do not leave blank)
(a) Include a listing of all campaign contributions to a city commissioner in the past four(4) years, as
well as contributions of all officers, directors, shareholders of a corporation (if the applicant is a
corporation) or partners (If the applicant is a partnership), or members whether generally or
limited (if its a limited liability company): f l
(b) Disclose all those items that a regulated officer is required to disclose concerning any conflict,
whether actionable or non actionable:
(c) Disclose any action that is a violation of this Ethics Code by a regulated officer with the applicant
and/or applicant's agents, and what was done to rectify the violation:
A) I Hr
Witnesses: Bidder:
Witness Print Name
Wd,ndlss Signature
BP-11
BID#2012-13/18
SDBE Participation Affidavit
(Bidder) has submitted a bid
for Sulfuric Acid 93%, ITB #2012-13118 to the City of Deerfield Beach, Florida. The following Small
Disadvantaged Business Entities SDBE s as defined in Ordinance #1993/068 shall provide goods or
9 ( )� � P
services:
List SDBE name, address, phone number, the nature of the product or service to be supplied, and the
percentage of the total bid for which that accounts. Use additional pages if needed.
1.
2.
3.
4.
5.
Bidder's Name Signature Date
STATE OF FLORIDA)
) SS.
COUNTY OF BROWARD)
Sworn to and subscribed before me this day of .2012
NOTARY'S SEAL:
NOTARY PUBLIC, STATE OF FLORIDA
(Signature of Notary Taking Acknowledgment)
My Commission Expires:
Personally Known to me/
Not personally known to me
DID /DID NOT -Take an oath
BP-12
BID#2012-13/18
SDBE Unavailability Affidavit
(Bidder) has submitted a bid
for Sulfuric Acid 93%, ITB #201243118 to the City of Deerfield Beach, Florida, and has made a good
faith effort to secure the participation of Small Disadvantaged Business Entities (SDBE's) as that term is
defined in the City of Deerfield Beach Ordinance No. 1993/068.
List name, address, and phone number of SDBE's contacted, and product or services the SDBE
supplies.
1. M 10-
2.
3.
4.
5.
Based upon good faith efforts, SDBE participants were unavailable or their employment for this project
impracticable.
Bidder's Name Signature Date
STATE OF FLORIDA)
) SS.
COUNTY OF BROWARD)
Sworn to and subscribed before me this day of 12012
NOTARY'S SEAL:
NOTARY PUBLIC, STATE OF FLORIDA
(Signature of Notary Taking Acknowledgment)
My Commission Expires:
Personally Known to me/
Not personally known to me
DID /DID NOT -Take an oath
BP-13
BID#2012-13/18
Indemnification Clause
The parties agree that one percent(1%) of the total compensation paid by Contractor for the work of the
contract shall constitute specific consideration to Contractor for the indemnification to be provided under
the Contract.
The Contractor shall at all times indemnify, hold harmless and, at City Attorney's option, defend or pay
for an attorney selected by City Attorney to defend the City of Deerfield Beach, its officers, agents,
servants, and employees from and against any and all causes of action, demands, claims, losses,
liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or
alleged to be caused by intentional or negligent act of, or omission of the Contractor, its employees,
agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Contract
including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of
action of any nature whatsoever resulting from injuries or damages sustained by any person or properly.
In the event any lawsuit or other proceeding is brought against the City by reason of any such claim,
cause of action or demand, the Contractor shall, upon written notice from the City, resist and defend
such lawsuit or proceeding by counsel satisfactory to the City or, at City's option, pay for an attorney
selected by the City Attorney to defend City. The provisions and obligations of this section shall survive
the expiration or earlier termination of this Contract. To the extent considered necessary by the Contract
Administrator and the City Attorney, any sums due Contractor under this Contract may be retained by
City until all of City's claims for indemnification pursuant to this Contract have been settled or otherwise
resolved; and any amount withheld shall not be subject to payment of interest by City.
Bidder's Name 0 Signature Date
STATE OF FtORIDA--- ?e xcis
COUNTY OFBROWARD`Ma vl- 330 rn 6)r�1
The foregoing instrument was acknowledged before me this day of�i;-1 ,201Z by
./tf ( C,o(r who is personga known to me or who has produced
(type of identification), as identification.
NOTARY'S SEAL:
NOTARY PUBLIC, STATE OF+tORtDA TeXGs
(Signature of Notary Taking Acknowledgment)
.AtIS P Fu Ile-r, Fxr-c AAr-m .
(Name of Acknowledger yped, Printed or Stamped)
My Commission Expires: a
I
BP-14
- I
BID#2012-13/18
Non-Collusive Affidavit
Ted Threadgill (Bidder's Name) being first duly sworn, deposes and says
that:
1. He/she is the Representative (Owner, Partner, Officer, Representative or
Agent) of Shrieve Chemical Company the Bidder that has submitted the attached proposal;
2. He/she is fully informed respecting the preparation and contents of the attached proposal and of
all pertinent circumstances respecting such proposal;
3. Such proposal is genuine and is not a collusive or sham proposal;
4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this affiant, have in any way colluded, conspired,
connived or agreed, directly or indirectly, with any other Bidder, firm, or person to submit a
collusive or sham proposal in connection with the work for which the attached proposal has been
submitted; or to refrain from bidding in connection with such work; or have in any manner, directly
or indirectly, sought by agreement or collusion, or communication, or conference with arty.Bidder,
firm or person to fix the price or prices in the attached proposal or of any other Bidder, or to fix an
overhead, profit, or cost elements of the proposal price or the proposal price of any other Bidder,
or to secure through any collusion, conspiracy, connivance, or unlawful agreement any
advantage against(Recipient), or any person interested in the proposed work;
5. The price or prices quoted in the attached Bid Schedule are fair and proper and are not tainted by
any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any
other of its agents, representatives, owners, employees or parties in interest, including this affiant.
Ted ThreadgillJ22:a4 April 15, 2013
Bidder's Name Signature Date
STATE OF FtORtB>a► XC�S
COUNTY OF BR6WARD YYl b n ON e- r j
3
The foregoing instrument was acknowledged before me this 15 day of April ,201y by
Ted Threadgill who is personally known �_ m� or who has produced
(type of identification), as identification.
NOTARY'S SEAL: ajm nA
NOTARY PUBLIC, STATE OF PIJ3RIDA %PxGS
(Signature of Notary Taking Acknowledgment)
Il is /9A Ilea r. c'><rc /,�?rj/11
(Name of Acknoweedger Typed, Printed or Stamped)
My Commission Expires:
BP-15
BID#2012-13/18
Drug-Free Workplace Form
The undersigned vendor in accordance with Florida Statutes Chapter 287 Section 287.087 hereby P � Y
certifies that shrieve Chemical Company does:
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the actions
that will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug
g g abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are under
bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of working
on the commodities or contractual services that are under bid, the employee will abide by the terms of
the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any
violation of Florida Statutes, Chapter 893 or of any controlled substance law of the United States or any
state, for a violation occurring in the workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, by any employee who is so
convicted.
6. Make a good faith effort to continue to maintain a drug free workplace through implementation of
this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
Ted Threadgill � � � April 15, 2013
Bidder's Name Signature Date
BP-16
I
BID#2012-13/18
References
The following is a list of at least four(4) references that Bidder has provided similar service in the past
three(3) years. Government agency references are preferred.
1. Name of Firm or Agency: City of Hollywood
Address: 2600 Hollywood Blvd. ,
City/State/Zip: Hollywood, FL 33022
Contact: Ralph Dierks Title:
Telephone: 954-921-3322 Fax: 954-921-8554 Email
Scope of Work: Sulfuric Acid Supply
2. Name of Firm or Agency: Indian River - Vero Beach
Address: 1800 27 th Street
City/State/Zip: Vero Beach, FL 32960
Contact: Jerry Davis Tie:
Telephone: 772-226-1418 Fax: Email
Scope Of Work: Sulfuric Acid Supply
3. Name of Firm or Agency: City of Boynton Beach
Address: 100 E. Boynton Beach,.Blvd.
City/State2ip: Boynton Beach, FL 33425
Contact: Janet Allen Title:
Telephone: 561-742-6322 Fax: 561-742-6316 Email
Scope Of Work: Sulfuric Acid Supply
4. Name of Firm or Agency: City of N. Miami Beach
Address: 17050 NE Avenue
City/State/Zip: North Miami Beach, FL 33162
Contact: Raul Title:
Telephone: 305-652-6460 Fax: Email
Scope of Work: Sulfuric Acid Supply
Note:Additional references may be attached and provided.
BP-17
I
BID#2012-13/18
Variances to the ITB
State any variations to specifications, terms and conditions in the space provided below. No variations or
exceptions by the Bidder will be deemed to be part of the proposal submitted unless such variation or
exception is listed in the space provided below. If no statement is contained in the below space, it is
hereby implied that your proposal complies with the full scope of this ITB.
Variances: � l
Company Name: Shrieve Chemical Company
Bidder's Name(Print): Ted Threadgill
Signature: J2
/j
Date:_ April 15, 2013
BP-18
Shrieve Chemical Company
SOUTHEAST OFFICE CORPORATE OFFICE
236 McLean Point Court 1755 Woodstead Court
Winter Haven,FL 33884 The Woodlands,TX 77380
Phone: (800)367-4226 Phone: (281)367-4226
Fax: (863)324-6575 Fax: (281)292-2014
TED THREADGILL
Vice President-Southeast U.S.
April 15, 2013
Purchasing Department
City of Deerfield Beach
401 SW 4th Street, 2nd Floor
Deerfield Beach, FL 33441
RE: ITB#2012-13/18
Shrieve Chemical certifies that all material shipped to Deerfield Beach meets ANSI/NSF Standard 60
specifications.
Best regards,
Ted Threadgill
Vice President-SE Region
Shrieve Chemical Company
1755 Woodstead Court
The Woodlands,Texas 77380
(281)367-4226
Fax:(281)367-0071
93% - 98% SULFURIC ACID
Typical Analysis
Acidity as H2SO4 93.0—98.5%
Iron <25 ppm
Reducing Substances as SO2 <20 ppm
Nitrates as NO3 < 10 ppm
Chlorides as Cl <5 ppm
Ammonium as NH4+ < 1 ppm
Heavy Metals as Pb <1 ppm
Aluminum as Al <0.5 ppm
Antimony as Sb <0.5 ppm
Arsenic as As < 1.0 ppm
Cadmium as Cd <0.5 ppm
Chromium as Cr < 1 ppm
Copper as Cu <0.5 ppm
Lead as Pb < 1 ppm
Manganese as Mn <0.5 ppm
Mercury as Hg <20 ppb
Nickel as Ni <0.5 ppm
Platinum as Pt <0.5 ppm
Potassium as K < 1 ppm
Selenium as Se <0.5 ppm
Zinc as Zn <0.5 ppm
Fixed Residue 110 ppm
Organic Matter < 10 ppm
Color 30
Turbidity (NTLI) < 1
Product produced at Mosaic.
NSF
Certified to ANSUNSF Standard 60
Maximum Use for Potable Water 50 mg/iter
I
DATE
ACOO CERTIFICATE OF LIABILITY INSURANCE 8,31>zo,`�"2°"Y"Y'
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: N the certificate holder is an ADDITIONAL INSURED,the pollcy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to
the terns and conditions of the policy,certain policies may require an endorsemenL A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsemen s.
PRODUCER
USI Southwest PHONE AX �
Three Memorial City a MAIL
840 Gessner, Suite 600
Houston TX 77024 IIISUREIW AFFORDING COVERAGE NAICA
INSURERAAmonaUt Insurance Company 119801
INSURED INSURER 9:Texas Mutual Insurance CgaXwny
Shrieve Chemical Company Inc. INSURER c-Ironshore Speriaft Insurance Co
Shrieve Chemical Products, Inc. INSURER 0:
1755 Woodstead Court
Woodlands TX 77380 INSURER E:
INSURER F.
COVERAGES CERTIFICATE NUMBER:1981426587 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUM TYPE OF INSURANCE POLICY NUMBER POLICY� POUOY E>�MMMOIYYYVA LIMITS
C GENERALUABu.ITY Y Y DOW23502 RM12011 1/2012 EACH OCCURRENCE $1,000,000
DAMAGETO
COMMERCIAL GENERAL LIABILITY PREMM fEn*RENIED55W'000
CLAIMS-MADE IT1 OCCUR MED EXP are S25 000
PERSONAL 3AOV INJURY $1.000 000
GENERAL AGGREGATE SZ000,000
GEN'L AGGREGATE LIMIT APPLIES PER; PRODUCTS-COMPIOP AGG $2,01M,0011
Jr
POLICY X PRO- El
Loc S
C AUTOMOBILE LIABILITY Y Y OOMM3602 W112UI1 1/2012
ecradam 1 000 000
ANY AUTO BODILY INJURY(Par penal) S
AUTOS OWNED SCHEDULEDBODILY INJURY(Per eecid") 5
NON-0WNED PR DAMAGE 5
X HIRED AUTOS X AUTOS
s
C UMBRELLA•LIAB N
OCCUR 000523702 1/2011 /1/2012 EACH OCCURRENCE $10,000,000 _
X EXCESS LIAB CLAIMS-MADE AGGREGATE $10,0OQ000
DEDRETENTIGNS 5
g INORKER9 COMPENSATION RYL
Y SFOOD11t33831 0/1/2011 0/1/2012 X STATU- OTH
AND MPLOYERS'LIABILITY YIN VC927598262314 10111IM11 0/1/2012
FF FI OFCE RIMEMB EXC E NIA EL EACH ACCIDENT 51,000 000
(Mandatary InNH) E.L DISEASE-EA EMPLOYEE $1,000,000
describe Iunder DESCRIPTION OF OPERATIONS below E.l..DISEASE-POLICY LIMIT 51.000,OW
DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Albch ACORD 101.AddIduml Remadm Sebodule,N mom epee Is requlnd)
General Liability and Excess Liability policy includes Products Pollution and Exposure Liability,Time-Element Pollution Liability,Non-owned
Site Pollution Liability,Transportation Pollution and Contractors Pollution Liability.Certificate holder is provided with additions(insured status
on General Liability and Hired/Non-owned Automobile on a primary and non-contributary basis when required by written contracL Certificate
holder is provided with a blanket waiver of subrogation on General Liability,Auto Liability and Workers Compensation policies when required
by written contract. Excess Liabiity policy will follow form over General Liability,Auto Liability and Workers Compensation policies,
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Deerfield Beach ACCORDANCE WITH THE POLICY PROVISIONS.
290 Goolsby Blvd.
Deerfield Beach FL 33442 AUTHORIMREPRESENTATIVE
01988-2010 ACORD CORPORATION. AN rights reserved.
ACORD 26(2010105) The ACORD name and logo are registered marks of ACORD
00e11 10/21/22
Certificate of Registration DR-11
R.10/12
Issued Pursuant to Chapter 212,Florida Statutes
DEPARTMENT
OF REVENUE
78-801194283E-9 04/29/91
Certificate Number Registration Effective Date
This certlrms that
SHRIEVE CHEMICAL COMPANY
1717 WOODSTEAD CT STE 205
THE WOODLANDS TX 77380-1448
has met the sates and use tax registration requirements for the business location stated above and is authorized to collect and remit
tax as required by Florida law. This certificate is non transferable.
POST THIS CERTIFICATE IN A CONSPICUOUS PLACE
r
EISOUR SALES & USE TAX CERTIFICATE OF REGISTRATION
(DETACH AND POST IN A CONSPICUOUS PLACE)
THIS IS YOUR ANNUAL RESALE CERTIFICATE FOR SALES TAX
Note: New dealers who register after mid-October are issued annual resale
certificates that expire on December 31 of the following year.
These certificates are valid immediately.
DR-11R,R.10112
DR13
2013 Florida Annual Resale Certificate for Sales Tax R.1o/1z
"MANAN THIS CERTIFICATE EXPIRES ON DECEMBER 31,2013
n�aevsruur
Business Name and Location Address Reoistration Effective Date Certificate Number
SHRIEVE CHEMICAL COMPANY 04/29/91 78-B0119428313-9
1717 WOODSTEAD CT STE 205
THE WOODLANDS TX 77380-1448
This is to certify that all tangible personal property purchased or rented,real property rented,or services purchased by the above business are being
purchased or rented for one of the following purposes:
• Resale as tangible personal property. • Re-rental as real property. Incorporation as a material,Ingredient,or
• Re-rental as tangible personal property. • Incorporation into and sate as part of the repair of component part of tangible personal property
■ Resale of services. tangible personal property by a repair dealer. that Is being produced for sale by manufacturing.
• Re-rental as transient rental propeft compounding,or processing.
This certificate cannot be reassigned or transferred. This certificate can only be used by the active gist red d Or or its authorized employees.
Misuse of this Annual Resale Certificate will subject the user to penalties as provided bylaw Uses ed photoaoV��l purposes.
i �.:
Presented to: s- -< '- Presented by:
linsert name of seu0r an phoic. y' (date) // 'rc�rtum(Pu e+► "tdl
6 r et?h YYla,r k ens
MAP 4/8M3 Year ago STANDARD MURIATE 4A 13 Year ago
Central Florida 485-540 490-485 Saskatchewan 425-440 530-535
New Orleans 465-480 463-485 Vancouver 380-410 450-505
Western U.S.DEL 590-630 620-630
GRANULAR MURIATE
Saskatchewan 430-445 535-540
TSP 4W13 Year ago Carlsbad 465-470 530-540
Central Florida NA NA Midwest 455-467 525-545
New Orleans domestic NA NA Western U.S.DEL 530-560 595-610
New Orleans import 400-408 430-435 Vancouver 395-425 465-520
SOLUBLE MURIATE
PHOS. ROCK 4/l M Year ago Saskatchewan 437 535-540
Central Florida NA NA Western U.S. NA NA
North Africa 150-165 180-190
Jordan 70-74 BPL NA NA
SULFUR 4MM3 Year ago
DRY MT
PHOS.ACID 4/8/13 Year ago Vancouver c 150-170 170-175
North Carolina NA NA Vancouver s 145-155 180-200
Western U.S.DEL 10.25-11.05 13.70-13.75
India C&F 770 960 RECOVERED LT
Tampa c I50 172
Tampa s NA NA
10-34-0 4/8/13 Year ago New Orleans 139 161
Midwest 495-560 645-725 Houston DEL 135 157
Western U.S.DEL 500-550 588-650 West Coast 145-155 170-180
Alberta mt 10-70 NA
POTASH 4/8/13 Year ago PRILL MT
COARSE MURIATE U.S.Gulf 135-140 NA
Saskatchewan NA NA
Midwest 450-460 525-540
Western U.S.DEL 520-550 590-610
PRICE QUOTES DO NOT REFLECT ACTUAL TRANSACTIONS,BUT REPRESENT CURRENT MARKET
CONDITIONS AS PERCEIVED BY SELECTED BUYERS AND SELLERS.
PRICE NOTES: Prices are based on large transactions,involving truckloads or larger volumes. All prices are net of discounts for
volume,cash,or prompt payment,if such are offered.RANGES: Price spreads shown for a region usually reflect localized price differ-
ences within the region. FOBIC&FIDEL.IVERED: Prices listed on an FOB basis are at the producer's plant gate,terminal,or pipeline
point. All prices are FOB unless otherwise noted. C&F prices include transportation to the destination port. Delivered(DEL)prices
include transportation costs to the retail dealer's premises or the nearest accessible railhead. Prices followed by the designation(c)are
CONTRACT prices;prices followed by the designation(s)are SPOT prices.The notation NA(not available)means that a current price
is not obtainable. The notation(mt)denotes metric ton.
COMMODITY NOTES—NITROGEN SOLUTIONS: Domestic prices arc quoted on the basis of nutrient units;to convert to
a short ton basis,multiply the nutrient value of the solution(e.g.,32)by the price shown.UREA: (p)indicates prilled product,
(g)granular product. Prices not so marked represent both. PHOSPHATE ROCK: Prices reflect longterm contracts for 68%
bone phosphate of lime rock that is being mined in the area closest to the named price point.SULFUR:Recovered Tampa,New
Orleans and Houston prices are for 1 st quarter.West Coast price is refinery to prillers.
REGIONS:Mid-Cornbelt— Ohio,Indiana,Illinois,Iowa,Missouri,Nebraska;Eastern Cornbelt— Ohio,Indiana,Illinois;
Western Cornbelt—Iowa,Missouri,Nebraska;Southern Plains—W.Texas,Oklahoma,Kansas,E.New Mexico,E.Colorado;
South Central—Alabama,Mississippi,Kentucky,Tennessee,Arkansas,Louisiana,E.Texas;Southeast—Florida,Georgia,South
Carolina,North Carolina,Virginia;Northeast—Maryland,Delaware,Petmsylvania,NewJersey,NewYork,NewEugland;Northern
Plains — Minnesota,North Dakota,South Dakota;Great Lakes — Michigan,Wisconsin;Pacific Northwest— Washington,
Oregon,Idaho,Montana;Western Canada—Manitoba,Saskatchewan,Alberta,British Columbia;Eastern Canada—Ontario,
Quebec,New Brunswick,Nova Scotia,Prince Edward Island
Green Markets April 9®2013 Kennedy Information,LLC,A Bloomberg BNA Business 5
All Rights Reserved.Reproduction Prohibited by Law.
wwwFertilizerPricing.com
w
City of
D E E R F I E L D
B E A C H
Invitation to Bid
Sulfuric Acid 93%
ITB #2012-13/18
Purchasing Division
401 S.W. 4th Street, Deerfield Beach, FL 33441
Phone: 954-480-4381
Fax: 954-480-4388
ITB#2012-13/18
Table of Contents
City of Deerfield Beach
Sulfuric Acid 93%
ITB#2012-13/18
Section Pane
LEGALNOTICE...............................................................................................................I
NOTICE OF COOPERATIVE PROCUREMENT...............................................................2
SECTION 1 -INTRODUCTION AND INFORMATION......................................................3
1.1 Purpose.................................................................................................................3
1.2 Point of Contact.....................................................................................................3
1.3 Contract Term.......................................................................................................3
1.4 Participating Agencies...........................................................................................4
SECTION 2 -STANDARD TERMS AND GENERAL CONDITIONS.................................5
2.1 Other Governmental Agencies ..............................................................................5
2.2 Independent Contract............................................................................................5
2.3 Sub-Contractors....................................................................................................5
2.4 Addenda, Changes and Interpretations.................................................................5
2.5 Multiple Bids..........................................................................................................5
2.6 Variances..............................................................................................................5
2.7 Omission of Details ...............................................................................................6
2.8 Mistakes................................................................................................................6
2.9 Bidder's Cost.........................................................................................................6
2.10 Bid Acceptance.....................................................................................................6
2.11 Rejection of Bids ...................................................................................................6
2.12 Bidder Qualifications .............................................................................................6
2.13 Bidder's Experience Records................................................................................6
2.14 Licenses and Certifications....................................................................................6
2.15 Insurance..............................................................................................................6
2.16 Indemnification......................................................................................................6
2.17 Legal Requirements..............................................................................................7
2.18 Protest Procedures................................................................................................7
2.19 Cone of Silence.....................................................................................................8
2.20 Small Disadvantages Business Entity....................................................................8
2.21 Ethics Code...........................................................................................................9
2.22 Public Records/Confidential Information..............................................................9
2.23 Public Entity Crimes Information Statement...........................................................9
2.24 Anti Collusion ........................................................................................................9
2.25 Conflict of Interest.................................................................................................9
2.26 No Contingent Fee................................................................................................9
2.27 Special Conditions................................................................................................. 10
2.28 Entire Agreement.................................................................................................. 10
2.29 Nonexclusive Contract/Additional Services............................................................ 10
ITB#2012-13/18
2.30 Assignment........................................................................................................... 10
2.31 Waiver................................................................................................................... 10
2.32 Survivorship Rights ............................................................................................... 10
2.33 Severability............................................................................................................ 10
2.34 Default and Termination........................................................................................ 10
2.35 Advertising ............................................................................................................ 10
2.36 Venue.................................................................................................................... 10
2.37 Safety Requirements............................................................................................. 11
SECTION 3 -SPECIAL TERMS AND CONDITIONS.......................................................12
3.1 ITB Schedule......................................................................................................... 12
3.2 Submission and Receipt of Bids............................................................................ 12
3.3 Contract Award...................................................................................................... 13
3.4 Quantities.............................................................................................................. 13
3.5 Price...................................................................................................................... 13
3.6 Cost Adjustments.................................................................................................. 13
3.7 Delivery................................................................................................................. 14
3.8 Inventory............................................................................................................... 15
3.9 Substitutions.......................................................................................................... 15
3.10 Samples and Demonstrations................................................................................ 15
3.11 Reporting Requirements........................................................................................ 15
3.12 Invoices and Payment........................................................................................... 15
3.13 Required Documents............................................................................................. 16
3.14 Insurance Requirements ....................................................................................... 16
SECTION 4 -SPECIFICATIONS......................................................................................18
4.1 General................................................................................................................. 18
4.2 Product Description............................................................................................... 18
4.3 Standardization/Variances................................................................................... 18
4.4 NSF/ANSI Standard 60 ....................................................................................... 18
SECTION5 -BID PACKAGE...........................................................................................BPA
BidCertification.................................................................................................................BP-2
BidSchedule.....................................................................................................................BP-5
Qualification Statement.....................................................................................................BP-7
Schedule"A".....................................................................................................................BP-11
SDBE Participation Affidavit..............................................................................................BP-12
SDBE Unavailability Affidavit ............................................................................................BP-13
IndemnificationClause......................................................................................................BP-14
Non-Collusive Affidavit......................................................................................................BP-15
Drug-Free Workplace Form .............................................................................................. BP-16
References....................................................................................................................... BP-17
Variances..........................................................................................................................BP-18
ITB#2012-13/18
City of
P E E R F I E L P
wr B E A C H
March 22, 2013
PUBLIC NOTICE
FOR
SULFURIC ACID 93%
ITB #2012-13/18
DUE DATE: WEDNESDAY, APRIL 17, 2013 AT 11:00 A.M. EST
The City of Deerfield Beach, as the lead agency for this contract and on behalf of the Southeast
Florida Governmental Purchasing Cooperative Group is seeking bids from qualified vendors,
herein referred to as the Bidder, to establish an open-ended as needed annual contract for
Sulfuric Acid 93% in accordance with the terms, conditions, and specifications contained in this
Invitation to Bid (ITB).
Sealed Bids shall be delivered in a sealed envelope and addressed to the Purchasing Division, 2"d Floor,
401 S.W. 4d' Street, Deerfield Beach, FL 33441, until, Wednesday, April 17, 2013 at 11:00 a.m. EST, at
which time and place the submittals will be publicly opened and the names of the Bidder's will be read.
All Bidders or their representatives are invited to attend the bid opening. Bids shall be clearly labeled
with the Bidder's legal name, address and telephone number, bid title and number, and due date.
Bidders are responsible for making certain that their bid is received at the location specked by the due
date and time. The City of Deerfield Beach is not responsible for delays caused by any mail, package or
courier service, including the U.S. mail, or caused by any other occurrence or condition. No oral,
telegraphic, electronic, facsimile, or telephonic bids or modifications will be considered unless specified.
Bids received after the due date and time will be returned to the Bidder unopened.
A cone of silence is in effect for this ITB. The cone of silence prohibits certain communications between
potential respondents and the City.
An ITB document can be obtained through the City of Deerfield Beach, Purchasing Division on March 22,
2013. An ITB document may be requested by emailing sfrancis(a)-deerfield-beach.com or picked up at the
Purchasing Division, 2"d Floor, 401 S.W. 4t�' Street, Deerfield Beach, FL 33441. Bids will only be
accepted from registered Bidders who have obtained the ITB document from the Purchasing Division.
For additional information, contact David Santucci, Purchasing Manager at (954) 480-4380 or
dsantucci(&-deerfield-beach.com.
Burgess Hanson
City Manager
1
ITB#2012-13/18
SOUTHEAST FLORIDA GOVERNMENTAL
PURCHASING COOPERATIVE GROUP
TO OUR PROSPECTIVE CONTRACTORS:
The attached Invitation for Bid or Request for Proposal represents a cooperative procurement for the
Southeast Florida Governmental Purchasing Cooperative Group.
For the past several years, approximately forty-five (45)government entities have participated in
Cooperative Purchasing in Southeast Florida. The Southeast Florida Governmental Purchasing
Cooperative Group was formed in an effort to provide cost savings and cost avoidances to all entities
by utilizing the buying power of combined requirements for common, basic items.
The Government Agencies participating in this particular procurement and their respective delivery
locations are listed in the attached document.
Southeast Florida Governmental Purchasing Cooperative Group Procurement Operational Procedures:
• All questions concerning this procurement should be addressed to the issuing agency, hereinafter
referred to as the "lead agency". All responses are to be returned in accordance with the
instructions contained in the attached document. Any difficulty with participating agencies
referenced in this award must be brought to the attention of the lead agency.
• Each participating governmental entity will be responsible for awarding the contract, issuing its
own purchase orders, and for order placement. Each entity will require separate billings, be
responsible for payment to the Contractor(s) awarded this contract, and issue its own tax
exemption certificates as required by the Contractor.
• The Contracttpurchase order terms of each entity will prevail for the individual participating entity.
Invoicing instructions, delivery locations and insurance requirements will be in accordance with the
respective agency requirements.
• Any reference in the documents to a single entity or location will, in fact, be understood as
referring to all participating entities referenced in the documents and cover letter unless
specifically noted otherwise.
• The awarded Contractor(s) shall be responsible for advising the lead agency of those participants
who fail to place orders as a result of this award during the contract period.
• The Contractor(s) shall furnish the Lead Agency a detailed Summary of Sales semi-annually
during the contract period. Sales Summary shall include contract number(s), contractor's name,
the total of each commodity sold during the reporting period and the total dollar amount of
purchases by commodity.
• Municipalities and other governmental entities which are not members of the Southeast Florida
Governmental Purchasing Cooperative Group are strictly prohibited from utilizing any contract
or purchase order resulting from this bid award. However, other Southeast Florida Governmental
Purchasing Cooperative Group members may participate in this contract for new usage, during the
contract term, or in any contract extension term, if approved by the lead agency. New Southeast
Florida Governmental Purchasing Cooperative Group members may participate in any contract on
acceptance and approval by the lead agency.
• None of the participating governmental entities shall be deemed or construed to be a party to any
contract executed by and between any other governmental entity and the Contractor(s) as a result of
this procurement action.
"WORKING TOGETHER TO REDUCE COSTS"
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SECTION 1 -INTRODUCTION AND INFORMATION
1.1 Purpose
The City of Deerfield Beach (the City) invites qualified and experienced vendors to submit bids to
provide the City and participating members of the Southeast Governmental Purchasing
Cooperative Group with Sulfuric Acid 93% in bulk, delivered, on an as-needed basis. This
product will be used in the City's water treatment plant to produce drinking water, and all products
bid must be authorized for such use. This product is for use in the City's membrane filtration
process.
Any reference in the Invitation to Bid to the City shall apply to all participating agencies
referenced in the ITB. It is the intention of the City to award a single contract to the lowest
responsive and responsible Bidder responding to this ITB. However, the City reserves the right to
award the Contract to more than one (1) Bidder.
1.2 Point of Contact
All inquiries, questions, and requests for additional information concerning of this ITB shall be
sent in writing via mail, e-mail, or facsimile to:
City of Deerfield Beach, Purchasing Division
Attn: David Santucci, Purchasing Manager
401 S.W.4t' St.
Deerfield Beach, FL 33441
Fax: (954)480-4388
E-mail: dsantucci@deerfield-beach.com
All responses to questions pertaining to the technical specifications or bid requirements shall be
issued through an official addendum.
1.3 Contract Term
1.3.1 Initial Term and Renewal Options
The initial contract term shall be for three (3) years and shall commence upon final
execution of the Contract by the City or as otherwise indicated in the final contract. The
City reserves the right to extend the contract for three (3) additional one (1) year renewal
terms providing all terms conditions and specifications remain the same, both parties
agree to the extension, and such extension is approved by the City.
1.3.2 Contract Extension
In the event services are scheduled to end because of the expiration of the contract, the
Contractor shall continue the service upon the request of the City Manager or designee.
The extension period shall not extend for more than ninety (90) days beyond the
expiration date of the existing contract. The Proposer shall be compensated for the
service at the rate in effect when this extension clause is invoked by the City.
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ITB#2012-13/18
1.4 Participating Agencies
The following agencies are active participants in the Southeast Florida Governmental
Cooperative Group and have indicated their willingness to participate in this contract. Estimated
annual quantities, contact information, and delivery address are provided below.
City of Deerfield Beach City of Hallandale
Estimated Quantity:900 tons Estimated Quantity: 153 tons
Water Treatment Plant Water Treatment Plant
290 Goolsby Blvd. 630 NW 2"d Street
Deerfield Beach, FL 33442 Hallandale Beach, FL 33009
Robert Johnston, Chief Water Plant Operator Hal Elsasser
Phone: 954-480-4369 Phone: 954-457-1610
Fax: 954-480-4348 Fax: 954-457-1624
E-mail: Johnston@deerfield-beach.com E-mail: helsasser@hallandalebeach.org
Cooper C'rtY City of Hollywood
Estimated Quantity: 1,900 tons Estimated Quantity: 3,036 tons
Water Treatment Plant Water Treatment Plant
George A. Haughney Utilities Complex 3441 Hollywood Blvd.
11791 SW 49`h Street, FL 33009 Hollywood, FL 33021
Cooper City, FL Taylor Calhoun
Phone: 954-434-5519 Phone: 954-967-4230
Fax:954-680-3159 Fax: 954-967-4232
E-mail: ggarba@coopercityfi.org E-mail: tcalhoun@hollywoodfi.org
Dania Beach City of Pompano Beach
Estimated Quantity: 300 tons Estimated Quantity: 1050 tons
Water Treatment Plant Water Treatment Plant
Phil Skidmore 301 NE 12th Street
1201 Stirling Road Pompano Beach, FL 33060
Dania Beach, FL 33004 J.Alan Clark,Acting Supt.
Phone: 954-924-3747 Phone: 954-545-7030
Fax: 954-924-3621 Fax: 954-545-7046
E-mail: pskidmore@ci.dania-beach.fl.us E-mail:james.clark@copbfi.com
City of Ft. Lauderdale City of Sunrise
Estimated Quantity: 2,230 tons Estimated Quantity: 4,300 tons
Peele Dixie Water Treatment Plant Water Treatment Plant
1500 N. State Rd. 7 14150 NW 8th Street
Ft. Lauderdale, FI 33317 Sunrise, FL 33325
Cesar Alza Greg Sutherland
Phone: 954-828-7501 Phone: 954-888-6073
Fax:954-316-1075 Fax: 954-846-7407
E-mail: calza@fortlauderdale.gov E-mail: gsutherland@sunrisefi.gov
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ITB#2012-13/18
SECTION 2 -STANDARD TERMS AND GENERAL CONDITIONS
2.1 Other Governmental Agencies addenda, whether or not received by Bidder. It is
Municipalities and other governmental agencies the responsibility of each prospective Bidder to verify
which are not members of the Southeast Florida that they have received all addenda issued before
Governmental Purchasing Cooperative Group are bids are opened. No verbal interpretations may be
strictly prohibited from utilizing any contract or relied upon.
purchase order resulting from this bid award.
However, other Southeast Florida Governmental 2A.1 Failure to acknowledge receipt of addenda
Purchasing Cooperative Group members may which affect price shall be considered a
participate in this contract for new usage, during the major irregularity; in which case, the bid will
contract term, or in any contract extension term, if be deemed non-responsive.
approved by the City. New Southeast Florida
Governmental Purchasing Cooperative Group 2A.2 Failure to acknowledge receipt of addenda
members may participate in any contract on which do not affect price shall be
acceptance and approval by the City. None of the considered a minor irregularity; in which
participating governmental agencies shall be case, the City has the sole discretion to
deemed or construed to be a party to any contract waive.
executed by and between any other governmental
agency and the Contractors) as a result of this 2.5 Multiple Bids
procurement action. More than one (1) bid from an individual, firm,
partnership, corporation, or association under the
2.2 Independent Contractor same or different names will not be considered.
The Bidder represents itself to be an independent Such a circumstance will lead to rejection of all
firm offering such products or services to the general responses in which the Bidder is involved except for
public and shall not represent itself or its employees sub-Bidders. If there is reason to believe that
to be employees of the City of Deerfield Beach. collusion exists between Bidders, those parties'bids
Therefore, the Bidder shall assume all legal and will be rejected and deemed for City purposes to be
financial responsibility for taxes, FICA, employee a conviction of a public entity crime.
fringe benefits, workers compensation, employee
insurance, minimum wage requirements, overtime, 2.6 Variances
and other expenses, and agrees to indemnify, save,
and hold the City of Deerfield Beach, its officers, 2.6.1 For purposes of bid evaluation, Bidders
agents, and employees, harmless from and against, must indicate any variances, no matter how
any and all loss; cost (including attorney fees); and slight, from the ITB General Conditions,
damage of any kind related to such matters. Special Conditions, Technical
Specifications or Addenda. No variations
2.3 Sub-Contractors or exceptions by a Bidder will be
If the Bidder proposes to use subcontractors in the considered or deemed a part of the bid
course of providing these products and/or services submitted unless such variances or
to the City, this information shall be a part of the exceptions are listed in the ITB and
Bidder's response. Such information shall be subject referenced in the space provided on the bid
to review, acceptance and approval of the City, prior pages. If variances are not stated, or
to any Contract award.The City reserves the right to referenced as required, it will be assumed
approve or disapprove of any proposed that the product or service fully complies
subcontractor in its best interest. with the City's terms, conditions, and
specifications.
2.4 Addenda,Changes and Interpretations
Any inquiry or request for interpretation received ten 2.6.2 By receiving a bid, the City does not
(10) or more days prior to the due date for the necessarily accept any variances contained
opening of the Bids will be given consideration. in the ITB. All variances submitted are
Changes or interpretations may only be made by a subject to review and approval by the City.
written document in the form of an addendum. If any bid contains material variances that
Addenda will be issued via email and sent to the e- in the City's sole opinion, makes that bid
mail address provided by each plan holder no later conditional in nature, the City reserves the
than seven (7) days prior to the bid opening date. right to reject the bid or part of the bid that
Each prospective Bidder shall acknowledge receipt is declared,by the City,as conditional.
of such addenda in the space provided on the bid
form. All addenda are a part of the contract
documents and each Bidder will be bound by such
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ITB#2012-13/18
2.7 Omission of Details criminal activities involving moral turpitude
The apparent silence of the specifications and any and not have any conflicts of interest that
amendment regarding any details or the omission have not been waived by the City
from the specifications of a detailed description Commission.
concerning any services or material requested, shall
be regarded as unintentional and should not serve to 2.12.3 Neither Bidder nor any principal, officer, or
alleviate the contractor of their performance stockholder of Bidder(s) shall be in arrears
responsibilities. or in default of any debt or contract
involving the City, (as a party to a contract,
2.8 Mistakes or otherwise); nor have failed to perform
Bidders are cautioned to examine all terms, faithfully on any previous contract with the
conditions, specifications, drawings, exhibits, City.
addenda, delivery instructions, and special
conditions pertaining to the ITB. Failure of the 2.12.4 Qualifications Statement
Bidder to examine all pertinent documents shall not Each Bidder shall complete the
entitle him to any relief from the conditions imposed Qualifications Statement, and submit the
in the contract and may lead to rejection of a bid. same with their bid. Failure to submit the
Qualifications Statement and the
2.9 Bidder's Cost documents required there under with the
The City shall not be liable for any costs incurred by bid may constitute grounds for rejection of
Bidders in responding to this ITB. the bid.
2.10 Bid Acceptance 2.13 Bidder's Experience Record
Any bid may be withdrawn up until the bid opening The City shall have the right to investigate the
date and time (due date). Any bid not so withdrawn financial condition and experience record of each
shall upon opening constitute as an irrevocable offer prospective Contractor and determine to its
to the City to provide the products and/or services satisfaction the competency of each to undertake
set forth in the ITB. Bidder warrants by virtue of the project requested by this bid.
submitting his Bid that his Bid and the prices quoted
in his Bid will be firm for acceptance by the City for a 2.14 Licenses and Certifications
period of ninety (90) days from the date of ITB The Bidder shall be appropriately licensed to
opening unless otherwise stated in the ITB. perform the work. Bidder shall possess at the time of
bid opening all required licenses and certifications.
2.11 Rejection of Bids The Bidder shall be responsible for all costs
The City reserves the right to accept or reject any or associated with obtaining and maintaining all
all bids, parts of bids, and to waive minor required licenses, certifications,and permits.
irregularities or variations to specifications contained
in bids,and minor irregularities in the bid process. 2.15 Insurance
2.12 Bidder Qualifications 2.15.1 The Bidder's response shall include a
Bidder shall be in the business of providing Sulfuric copy of any certificate of insurance which
Acid 93% and must possess sufficient financial provides evidence of insurability meeting
support, equipment and organization to insure that it the minimum insurance requirements
can satisfactorily perform if awarded a Contract. stated in the Special Terms and
Bidders shall satisfy each of the following Conditions. The Bidder shall assume full
requirements cited below. Failure to do so will result responsibility and expense to obtain all
in the Bid being deemed non-responsive. necessary insurance.
2.12.1 Before awarding the Contract, the City 2.16.2 The successful Bidder shall not
reserves the right to require that the Bidder commence operations pursuant to the
submit such evidence of their qualifications terms of this ITB and the attached
as the City may deem necessary. Further, Contract, until certification or proof of the
the City may consider any evidence of the insurance requirements set forth herein
financial, technical, and other qualifications have been received and approved.
and abilities of a Bidder, including previous
experiences of same with the City and 2.16 Indemnification
performance evaluation for services, in The Contractor shall at all times indemnify, hold
making the award in the best interest of the harmless and, at City Attorney's option, defend or
City. pay for an attorney selected by City Attorney to
defend the City of Deerfield Beach, its officers,
2.12.2 Bidder shall have no record of judgments, agents, servants, and employees from and against
pending lawsuits against the City or any and all causes of action, demands, claims,
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ITB#2012-13/18
losses, liabilities and expenditures of any kind, 2.18.2 Upon receipt of a protest of the pending
including attorney fees, court costs, and expenses, award of a contract, the Purchasing
caused or alleged to be caused by intentional or Manager shall review the charge to
negligent act of, or omission of the Contractor, its determine whether the protest was timely
employees, agents, servants, or officers, or filed. If upon review the Purchasing
accruing, resulting from, or related to the subject Manager determines that the protest was
matter of this Contract including, without limitation, not timely filed, the Purchasing Manager
any and all claims, losses, liabilities, expenditures, shall dismiss the protest If it is determined
demands or causes of action of any nature that the protest was timely filed, the
whatsoever resulting from injuries or damages Purchasing Manager shall notify all Bidders
sustained by any person or property. In the event of the protest and inform them of the
any lawsuit or other proceeding is brought against scheduled hearing before the City
the City by reason of any such claim,cause of action Commission and of their right to intervene.
or demand, the Contractor shall, upon written notice Any Bidder may formally intervene in the
from the City, resist and defend such lawsuit or proceeding by filing a request to intervene
proceeding by counsel satisfactory to the City or, at with the Purchasing Manager.
City's option, pay for an attomey selected by the City
Attorney to defend City. The provisions and 2.18.3 The Purchasing Manager shall require a
obligations of this section shall survive the expiration deposit from a protester to compensate the
or earlier termination of this Contract. To the extent City for the expenses of administering the
considered necessary by the Contract Administrator protest If the protest is decided in the
and the City Attomey, any sums due Contractor protester's favor, the entire deposit shall be
under this Contract may be retained by City until all retumed to the protester. If the protest is
of City's claims for indemnification pursuant to this not decided in the protester's favor, the
Contract have been settled or otherwise resolved; deposit shall be forfeited to the City. The
and any amount withheld shall not be subject to deposit shall be in the form of cash, a
payment of interest by City. cashier's check, or a payment bond and
2.17 Legal Requirements shall be in the amount of 1%of the amount
Applicable provisions of all federal,state, and county of the pending award, with a minimum
deposit of$250 and a maximum deposit of
laws, and local ordinances, rules and regulations, $1,000.
shall govern development, submittal and evaluation
of all bids received in response hereto and shall
govem any and all claims and disputes which may 2.18A The protester and intervener(s) may file
arise between person(s) attaching a bid response written documentation relating to the
hereto and the City by and through its officers, protest with the Purchasing Manager. It
employees and authorized representatives, or any shall be the obligation of such protester or
other person, natural or otherwise. Lack of intervener(s) to deliver said documentation
knowledge by any Bidder shall not constitute a at least one week prior to City Commission
cognizable defense against the legal effect thereof. action on the protest.
2.18 Protest Procedures 2.18.5 The City Commission may hear from the
In accordance with Section 38-139 of the City of protester and intervener(s) in its discretion
Deerfield Beach Code of Ordinances, if a Bidder or may dispose of the protest without
intends to protest a solicitation or proposed award permitting presentations on the protest. If,
the following shall apply: on its face, the protest does not state
sufficient cause to warrant remedial action,
2.18.1 Any Bidder who is aggrieved in connection the City Commission may deny the protest
with the pending award of a contract or any without further participation by the protester
element of the process leading to the or intervener(s). The Commission, in its
award of or contract may protest to the sole discretion, may deny the protest,grant
Purchasing Manager. A protest must be the protest and fashion relief or remedial
filed within five business days after action as it deems appropriate, or reject all
bids and begin the ITB process again.
notification of the recommendation of the g p g
selection/evaluation committee or any right
to protest is forfeited. The protest must be
in writing, must identify the name and
address of the protester, and must include
a factual summary of, and the basis for,the
protest. Filing shall be considered complete
when the protest is received by the
Purchasing Manager.
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2.19 Cone of Silence for all competitively bid contracts in excess
In accordance with Section 38-140 of the City of of$50,000.00. Such participation shall be a
Deerfield Beach Code of Ordinances, during the goal of the City of Deerfield Beach City
course of a competitive solicitation, a Cone of Commission and shall be subject to the
Silence shall apply as follows: terms and the conditions set forth herein.
The SDBE Participation Affidavit,to be filed
2.19.1 A Cone of Silence shall be in effect during with all competitive bids, is attached below.
a Competitive Solicitation beginning upon
the advertisement for invitations to bid, 2.20.2 Unless specifically exempted by resolution
requests for bids, requests for of the city commission, or otherwise set
qualifications, or other competitive forth herein, each contract which is
solicitation. The Cone of Silence shall competitively bid or the subject of a request
terminate at the time the City Commission for proposal shall include a requirement
makes final award of a bid or gives final that the contractor commit to the
approval of a contract or contract expenditure of at least 15 percent of the
amendment, rejects all bids or responses to contract award with one or more SDBEs
the Competitive Solicitation, or takes other where the city estimates that the eventual
action which ends the Competitive cost will exceed $50,000.00. This
Solicitation. The Cone of Silence shall requirement may be completely or partially
continue through the negotiation phase for waived by the city commission or city
requests for bids and requests for manager if it is determined that a different
qualifications and shall not end until the percentage commitment should apply
Commission gives final approval of the based upon the availability and capacity of
contract. SDBEs in the applicable industry, service or
commodity or where the city commission or
2.19.2 Any person or entity that seeks a contract, city manager determines that the goods or
contract amendment, award, services sought will not require the use of
recommendation, or approval related to a subcontractors. A business enterprise
Competitive Solicitation or that is subject to owned by a woman who is a member of a
being evaluated or having its response minority group may be counted on a
evaluated in connection with a Competitive particular contract as an MBE or WBE but
Solicitation, including a person or entity's not both. This commitment may be met by
representative shall not have any contractor status as MBE or WBE, or by a
communication with any City joint venture with one or more MBEs or
Commissioner, the City Manager and their WBEs as prime contractor to the extent of
respective support staff or any person or the MBE or WBE participation in such joint
group of persons appointed or designated venture, or by subcontracting a portion of
by the City Commission or the City the work to one or more MBEs or WBEs by
Manager to evaluate, select, or make a the purchase of materials or services for
recommendation to the City Commission or the work from one or more MBEs or WBEs,
the City Manager regarding a Competitive or by the indirect participation of MBEs or
Solicitation. WBEs in other aspects of the contractor's
business but no dollar amount of such
2.19.3 The Cone of Silence shall not apply to indirect MBE or WBE participation shall be
written or oral communications with legal credited more than once against a
counsel for the City or the Purchasing contractor's MBE or WBE commitment with
Manager for the City. respect to all contracts of such contractor,
or by any combination of the foregoing.
2.19.4 Any action in violation of this section shall Unless exempted or waived as set forth
be cause for disqualification of the bid or above, a contractor's bid is non-responsive
the bidder. The determination of a violation if it does not identify the SDBE utilization
shall be made by the City Commission. and contain a commitment to at least the
SDBE percentage commitment stated in
2.20 Small Disadvantaged Business Entity(SDBE) the contract specifications unless SDBE
In accordance with Section 38-146 of the City of unavailability documentation, a copy of
Deerfield Beach Code of Ordinances, during the which is attached hereto, is accurately
course of a competitive solicitation, a Small completed and submitted with the bid. The
Disadvantaged Business Entity preference shall city manager may change the form of the
apply as follows: affidavits required.
2.20.1 The city commission does hereby establish 2.20.3 In all contracts governed by this subdivision
a goal of 15 percent participation by SDBEs SDBE participation (or as required in bid
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ITB#2012-13/18
specifications or requests for proposal) or in excess of the threshold amount provided in
an effort to secure said participation shall Section 287.017, for category two for a period of
be deemed a part of the award evaluation thirty-six (36) months from the date of being placed
process. The city commission may, by on the convicted vendor list.
motion, require the provisions of this
subdivision to apply to requests for 2.24 Anti-Collusion
proposals or other contract awards. The Bidder certifies that it has not divulged,
discussed or compared its bid with other Bidders,
2.21 Ethics Code except subcontractors if they form part of the
Bidders are required to acquaint themselves with the response and has not colluded with any other
provisions in the City of Deerfield Beach's Ethics Bidders or parties to a bid whatsoever. No
Code (Ordinance No. 2009/06). The City premiums, rebates or gratuities are permitted either
Commission will strictly apply the Ethics Code. with, prior to, or after any delivery of material or
Section (5) "Disclosure and Behavior Requirements service. Any violation of this provision will result in
of Applicants and Person/Entity seeking a City the immediate cancellation of the contract and
contract or currently doing business with the City" is removal from the Bidder's list.
of immediate interest. Bidder shall complete the
Disclosure Form (attached). Failure to do so may Each Bidder shall complete the Non-Collusive
result in the Bidder's bid being deemed non- Affidavit Form (attached) and shall submit the form
responsive. with the Bid. The City considers the failure of the
Bidder to submit this document to be a major
2.22 Public Records/Confidential Information irregularity and shall be cause for rejection of the
Florida law provides that municipal records shall at Bid.
all times be open for personal inspection by any
person, unless otherwise exempt. Information and 2.25 Conflict of Interest
materials received by the City in connection with a
Bidder's response shall be deemed to be public 2.25.1 The Bidder covenants that they presently
records subject to public inspection. However, have no interest and shall not acquire any
certain exemptions to the public records law are interest, directly or indirectly, which would
statutorily provided for in Section 119.07, F.S. conflict in any manner or degree with the
Section 119.07, F.S. provides an exemption from performance of the Contract hereunder.
public records law for sealed bids, bids, or replies The Bidder further covenants that no
received by an agency pursuant to a competitive person having any such known interest
solicitation until such time as the agency provides shall be employed or conveyed an interest,
notice of an intended decision or until 30 days after directly or indirectly, in the contract.
opening the bids, proposals, or final replies,
whichever is earlier. 2.26.2 No contract will be awarded to a Bidder
who has City elected officials, officers or
If the Bidder believes any of the information employees affiliated with it, unless the
contained in his or her response is exempt from the Bidder has fully complied with current
Public Records Law, then the Bidder must in his or Florida State Statutes and City Ordinances
her response specifically identify the material which relating to this issue. Bidders must disclose
is deemed to be exempt and cite the legal authority any such affiliation. Failure to disclose any
for the exemption, otherwise, the City will treat all such affiliation will result in disqualification
materials received as public records. of the Bidder and removal of the Bidder
from the City's Bidder's List and prohibition
No alterations, modifications, release or waiver of from engaging in any business with the
this contract or any provisions hereof shall be City.
effective unless in writing executed by the parties.
2.26 No Contingent Fee
2.23 Public Entity Crimes Information Statement Bidder warrants that it has not employed or retained
A person or affiliate who has been placed on the any company or person, other than a bona fide
convicted vendor list following a conviction for public employee working solely for the Bidder to solicit or
entity crime may not submit a bid on a contract to secure the Contract and that it has not paid or
provide any goods or services to a public entity, may agreed to pay any person, company, corporation,
not submit a bid on a contract with a public entity for individual or firm, other than a bona fide employee
the construction or repair of a public building or working solely for the Bidder, any fee, commission,
public work, may not submit bids on leases of real percentage, gift, or other consideration contingent
property to public entity, may not be awarded or upon or resulting from the award or making the
perform work as a Bidder,supplier,subcontractor, or Contract. For the breach or violation of this
consultant under a contract with any public entity, provision, the City shall have the right to terminate
and may not transact business with any public entity the Contract without liability at its discretion.
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ITB#2012-13/18
2.27 Special Conditions 2.34 Default and Termination
Any and all Special Conditions contained in this ITB 2.34.1 Termination for Cause
that may be in variance or conflict with the General
Conditions shall have precedence over the General In the event the Contractor shall default in
any of the terms, obligations, restrictions or
Conditions. If no changes or deletions to General
Conditions are made in the Special Conditions, then conditions in the contract documents, the
the General Conditions shall prevail in their entirety. City shall give the Contractor written notice
by registered, certified mail of the default
2.28 Entire Agreement and that such default shall be corrected or
This Invitation to Bid, all attachments and exhibits, actions taken to correct such default shall
addenda, and the resulting Contract attached states be commenced within three (3) calendar
the entire contract between the parties hereto with days thereof. In the event the Contractor
respect to the subject matter hereof, and all prior has failed to correct the conditions(s)of the
and contemporaneous understandings, default or the default is not remedied to the
representations and agreements are merged herein satisfaction and approval of the City, the
or superseded hereby City shall have all legal remedies available
to it, including, but not limited to termination
2.29 Nonexclusive ContractfAdditional Services of the Contract in which case the
Bidder agrees and understands that the Contract Contractor shall be liable for any and all
shall not be construed as an exclusive arrangement damages permitted by law arising from the
and further agrees that the City may, at any time, default and breach of the contract.
secure similar or identical products or services at its 2.34.2 Termination for Convenience
sole option. Upon thirty (30) calendar days written
2.30 Assignment notice to the Contractor, the City may
Contractor shall not transfer or assign or subcontract without cause and without prejudice to any
the performance required by this ITB without the other right or remedy, terminate the
prior written consent of the City. Any award issued contract for the City's convenience
pursuant to this ITB, and the monies, which may whenever the City determines that such
become due hereunder, are not assignable except termination is in the best interest of the
with the prior written approval of the City Manager or City. Where the contract is terminated for
selected designee. the convenience of the City the notice of
termination to the Contractor must state
2.31 Waiver that the contract is being terminated for the
It is agreed that no waiver or modification of this convenience of the City under the
contract or of any covenant, condition or limitation termination clause and the extent of
contained in it shall be valid unless it is in writing and termination. The Contractor shall
duly executed by the party to be charged with it, and discontinue all work on the appointed last
that no evidence of any waiver or modification shall day of service. The City shall compensate
be offered or received in evidence in any the Contractor for all work properly
proceeding, arbitration, or litigation between the performed prior to the termination.
parties arising out of or affecting this contract, or the
right or obligations of any party under it, unless such 2.34.3 Cancellation for Unappropriated Funds
waiver or modification is in writing, duly executed as The obligation of the City for payment to a
above. The parties agree that provisions of this Contractor is limited to the availability of
paragraph may not be waived except by a duly funds appropriated in a current fiscal
executed writing. period, and continuation of the contract into
a subsequent fiscal period is subject to
2.32 Survivorship Rights appropriation of funds, unless otherwise
This contract shall be binding on both parties to the authorized by law.
benefit of the respective parties and their executors,
administrators, heirs, personal representative, 2.35 Advertising
successors and assignees. In submitting a bid,the Bidder agrees not to use the
results there from as a part of any commercial
2.33 Severability advertising without the prior written consent of the
If any term or provision of this contract is found to be City.
illegal and unenforceable, such term(s) shall be
deemed stricken and the remainder of the contract 2.36 Venue
shall remain in full force and effect. The parties waive the privilege of venue and agree
that all litigation between them in the state courts
shall take place in Broward County, Florida and that
all litigation between them in the federal courts shall
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ITB#2012-13/18
take place in the Southern District in and for the work. The Successful Bidder shall comply with the
State of Florida. rules and regulations of the Florida Department of
Commerce regarding industrial safety (Fla. Statutes
2.37 Safety Requirements Section 440.56) and with the standards set forth in
The Successful Bidder shall be responsible for the Occupational Safety and Health Act of 1970
initiating, maintaining and supervising all safety (OSHA)and its amendments.
precautions and programs in connection with the
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SECTION 3 -SPECIAL TERMS AND CONDITIONS
3.1 ITB Schedule
The City will use the following tentative schedule in the competitive solicitation process. The City
reserves the right to change and/or delay scheduled events.
Event Date
ITB Available 03/22/13
Last Date for Questions 04/07/13
Issue Addenda (if required) 04/10/13
Bid Opening (DUE DATE) 04/17/13 at 11:00 a.m. EST
Commission Meeting 05/07/13
Contract Commencement 06/01/13
3.2 Submission and Receipt of Bids
3.2.1 One (1) clearly marked original, one (1) hardcopy, and one (1) electronic copy of the bid
shall be submitted on or before the due date and time, Wednesday, August 29, 2012 at
11:00 a.m. EST, in one single sealed envelope or package. Faxed, e-mailed or verbal bids
will not be accepted under any circumstances. The City shall not be responsible for the
premature opening of a Bid not properly marked and identified as required herein. The
envelope shall be clearly marked on the exterior with the following information:
1) Sulfuric Acid 93%
ITB#2012-13/18
2) Due Date: 4/17/13 at 11:00 a.m. EST
3) Company/Bidder's Name, Point of Contact, Address, and Phone Number
4) City of Deerfield Beach
Purchasing Division
401 S.W. 0 St.
Deerfield Beach, FL 33441
3.2.2 Any erasures or corrections on the bid must be made in ink and initialed by the Bidder in
ink. All information submitted by the Bidder shall be printed, typewritten or filled in with
pen or ink. Bidders shall use the bid forms provided by the City. Failure to use the forms
may cause the bid to be rejected and deemed non-responsive.
3.2.3 Bids must contain a manual signature of the authorized representative of the Bidder. The
address, e-mail and telephone number for communications regarding the Bid must be
shown.
3.2.3.1 Bids by corporations must be executed in the corporate name by the President or
other corporate officer accompanied by evidence of authority to sign. The
corporate address and state of incorporation must be shown below the signature.
3.2.3.2 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.
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3.2.4 All bids received from Bidders in response to the Invitation to Bid will become the property
of the City of Deerfield Beach and will not be returned to the Bidders. In the event of
Contract award, all documentation produced as part of the Contract shall become the
exclusive property of the City.
3.2.5 Bids will be publicly opened in the Purchasing Division, 2nd Floor, 401 S.W. 4"' Street,
Deerfield Beach, FL 33441. The Bidder's name will be read aloud. Bidders and the public
are invited to attend. Bids will be tabulated and made available for review by Bidders and
the public at such time as the City provides a notice of an intended decision or until 30
days after the bid opening, whichever is earlier.
3.3 Contract Award
3.3.1 The City shall determine which Bidders are responsible and responsive, quoting the
lowest price for the items indicated on the Bid Schedule. It is the intent of the City to
award the Contract to the lowest responsive and responsible bidder. However, the City
reserves the right to award the Contract by group, item, geographic region or as otherwise
may be in the best interest of the City.
3.3.2. The City reserves the right to accept or reject any or all bids. The City reserves to right to
reject a low bid which it determines to be non-responsive, not responsible, or unqualified.
The City also reserves the right to waive minor irregularities or variations to the
specifications and in the competitive solicitation process.
3.3.3 A recommendation of award will be made to the City Commission. The City Commission
has the ultimate authority to approve and/or reject any and all bids. Upon approval by the
City Commission, the City Manager is authorized to execute a Contract on behalf of the
City.
3.3.4 The City shall issue a Purchase Order, Notice to Proceed, and/or fully executed contract
to the Contractor, prior to beginning or requesting any services under the contract.
3.4 Quantities
No guarantee or warranty is given or implied by the City as to the amount that may or may not be
purchased from any resulting contract. The City reserves the right to increase or decrease
quantities. The quantities contained herein are estimates provided for evaluation purposes, are
the City's estimation of annual usage, and are subject to change.
3.6 Price
Bidder shall quote a firm, fixed price for the items listed in the Bid Schedule. Prices shall include
all costs associated with the services including delivery, labor, equipment, supplies, management,
travel, etc. No surcharges for fuel or otherwise shall not be accepted or allowed.
3.6 Cost Adjustments
Costs for products purchased under this contract shall remain firm for the first six (6) months of
the contract. The cost shall then be adjusted semi-annually during both the remainder of the initial
term and any optional renewal terms. Price adjustments shall be made upwards and downwards.
3.6.1 Cost Adjustment Indexes
Bidders shall have the option to select either one of the indexes stated below. The
selection shall be based on the index which most appropriately mirrors the cost
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fluctuations imposed upon the bidder when considering factors to include but not limited to
stages of production, raw material costs, and transport and delivery.
a. Producer Price Index - Commodities (PPI) for Chemicals and Allied Products, Sulfuric
Acid (Commodity Code 0613020T1), not seasonally adjusted.
b. Green Markets, Sulfur Posting, Recovered LT, Tampa c(Contract)
3.6.2 Cost adjustments shall take effect for all orders placed on the first day after the prior six-
month period. For example, if the contract begins May 1, 2013 the initial price shall remain
firm through October 31, 2013. The newly adjusted price shall affect all orders placed on
November 1, 2013 through April 30, 2014.
3.6.3 The cost adjustment (increase or decrease) shall be calculated using the latest index
published and available 30 days prior to the end of the six month period then in effect
compared to the index six months prior. For example, if the contract begins May 1, 2013,
the first adjustment would take effect on November 1, 2013, and would most likely be
adjusted based on the difference between the September 1, 2013 index and the March 1,
2013 index.
3.6.4 All cost adjustments shall be fully documented and submitted to the City at least twenty
(20) days prior to the expiration of the current six month period. Contractor shall submit
proper evidence of any adjustment including copies of the applicable index and
calculations. The City shall verify the accuracy of all cost adjustments prior to their
acceptance.
3.7 Delivery
3.7.1 The Contractor shall be notified by email, telephone, or facsimile for requested deliveries
and shall make deliveries within seventy-two (72) hours of the request or as otherwise
specified by the Bidder on the Bid Schedule. Deliveries shall be made in 25-ton
increments. All deliveries shall be made on weekdays, excluding holidays observed by the
City, between the hours of 8:00 a.m. and 2:00 p.m. The City of Deerfield Beach reserves
the right to terminate the contract in the event the delay in delivery is deemed
unacceptable.
3.7.2 The Contractor shall ensure that the product is delivered in clean containers/tanks and is
free of contamination. If the stock is contaminated, the Contractor, shall be liable for all
costs associated with disposal of contaminated material, cleanup of storage facilities and
full replacement of product at the Contractors expense. The City reserves the right to
reject any delivery that has been contaminated or does not conform to product
specifications.
3.7.3 The transfer of product from the delivery vehicle to the City's storage tanks shall be the
sole responsibility of the Contractor. The Contractor shall be responsible for all health,
safety, and costs associated with the transport and delivery of the product, to include but
not limited to chemical spills and related cleanups.
3.7.4 The fill lines to the City's storage tanks are equipped with a 2-inch, male, quick-connect
coupling. In order to protect the acid tank fill line, transfer of acid must be performed at low
pressure (25-30 psi).
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3.8 Inventory
The vendor shall have access to adequate inventory to attain 100% fill rate. A 100% fill rate shall
mean that 100% of product will be delivered within seventy-two (72) hours after receipt of order.
The City of Deerfield Beach/Co-op reserves the right to require proof of access to inventory. The
vendor shall immediately notify the Purchasing Division of each respective agency when out of
stock of product due to circumstances beyond their control. The City of Deerfield Beach reserves
the right to procure out of stock product from other sources in these circumstances.
3.9 Substitutions
3.9.1 The City shall not accept substitute shipments of any kind. Contractor shall furnish the
product specified in the bid once awarded. Any substitution of material will require prior
written approval by the City of Deerfield Beach. Any substitute shipments that have not
received the prior written approval of the City shall not be accepted and shall be returned
at the expense of the Contractor.
3.9.2 If a bid item is discontinued by the manufacturer during the period of award and the bid
item is not available from within the vendors or manufacturers inventory, then the vendor
shall advise the Purchasing Department of all agencies, in writing, of non-availability of the
bid item and shall include complete descriptive, technical literature on the item offered to
replace the discontinued bid item and, upon written approval, shall furnish the
replacement item at the same firm price offered for the original bid item or at a lower price
during the remainder of the period of award. Samples of replacement items, if requested,
must be supplied for evaluation by the appropriate City staff. The City of Deerfield Beach
shall not be held liable for any damages incurred to equipment during evaluation.
3.10 Samples and Demonstrations
When requested, samples are to be furnished free of charge to the City. If a sample is requested
it must be delivered within seven (7) days of the request unless otherwise stated in the bid. Each
sample must be marked with the Bidder's name and manufacturer's brand name. The City will not
be responsible for returning samples. The City may request a full demonstration of any product or
service before the award of a contract. All demonstrations shall be done at the expense of the
Bidder.
3.11 Reporting Requirements
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The Contractor(s) shall furnish to the Lead Agency a detailed Summary of Sales report on a
semi-annually basis during the contract period. The Summary of Sales report shall include the
following information: contractor's name, contract name and number, the total dollar sales
volume and tonnage for each participating agency. The report may be provided in greater
detail, but no less than the requirement stated herein.
3.12 Invoices and Payment
3.12.1 Each Agency's invoice and payment requirements and processes vary. Each Agency has
speck requirements that must be met. The vendor shall insure that all invoices clearly
state the purchase order number, date of delivery, delivery location, item description,
quantity, unit price, total price, and other requirements required by individual agencies.
3.12.2 The Contractor and the City shall abide by the Local Government Prompt Payment Act,
FL SS. 218.70-218.80.
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3.13 Required Documents
The following documents shall be submitted in the order listed below as a condition of this ITB at
the time of submittal with the Bidder's response:
1) Bid Package (Section 5)
a) Bidders Certification
b) Bid Schedule
c) Qualification Statement
d) Schedule A—Disclosure Form
e) Indemnification Clause
f) Non-Collusive Affidavit
g) Drug Free Workplace
h) References
i) Variances to the ITB (if applicable)
2) Copy of a Certificate of Insurance
3) Required Licenses and Certifications (if applicable)
4) Affidavit of Compliance to NSF Standard No. 60
5) Certified laboratory tests to substantiate minimum average figures, along with a typical
analysis of the sulfuric acid product offered listing all impurities.
3.14 Insurance Requirements
3.14.1 Coverage
Successful Bidder shall, at a minimum, provide, pay for, and maintain in force at all times
during the term of this Contract the following insurance.
a. Commercial Liability Insurance
A Commercial Liability Insurance Policy shall be provided which shall contain
minimum limits of One Million Dollars ($1,000,000.00) per occurrence combined single
limit for bodily injury liability and property damage liability and shall contain minimum
limits of Two Million Dollars ($2,000.000.00) per aggregate. Coverage must be
afforded on a form no more restrictive than the latest edition of the Commercial
Liability Policy, without restrictive endorsements, as filed by the Insurance Services
Office and must include:
• Premises and/or operations
• Independent contractors
• Products and/or completed operations for contracts
• Broad form contractual coverage applicable to this speck Contract, including any
hold harmless and/or indemnification Contract
• Personal injury coverage with employee and contractual exclusions removed, with
minimum limits of coverage equal to those required for bodily Injury liability and
property damage liability.
b. Business Automobile Liability
Business Automobile Liability shall be provided with minimum limits of One Million
Dollars ($1,000,000.00) per occurrence, combined single limit for Bodily Injury Liability
and Property Damage Liability. Coverage must be afforded on a form no more
restrictive than the latest edition of the Business Automobile Liability policy, without
restrictive endorsements, as filed by the Insurance Services Office, and must include:
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• Owned Vehicles, if applicable.
• Hired and Non-Owned Vehicles, if applicable.
• Employers' Non-Ownership, if applicable.
c. Workers Compensation Insurance
Workers' Compensation insurance to apply for all employees in compliance with
Chapter 440, Florida Statutes, as may be amended from time to time, the 'Workers'
Compensation Law" of the State of Florida, and all applicable federal laws. In
addition, the policy(ies) must include:
Employers' Liability with a limit of One Million Dollars ($1,000,000.00)each accident.
3.14.2 General
If any operations are to be undertaken on or about navigable waters, coverage must be
included for the U.S. Longshoremen & Harbor Workers Act and Jones Act.
a. Such policy or policies shall be without any deductible amount unless otherwise noted
in this Contract and shall be issued by approved companies authorized to do business
in the State of Florida, and having agents upon whom service of process may be
made in Broward County, Florida. Contractor shall pay all deductible amounts, if any.
Contractor shall specifically protect City and the Deerfield Beach City Commission by
naming City and the Deerfield Beach City Commission as additional insured under the
Commercial Liability Policy as well as on any Excess Liability Policy coverage.
b. Contractor shall furnish to City's Contract Administrator Certificate of Insurance or
endorsements evidencing the insurance coverage specified herein within fifteen (15)
calendar days after notification of award of the Contract. The required Certificates of
Insurance shall name the types of policies provided, refer specifically to this Contract,
and state that such insurance is as required by this Contract. Contractor's failure to
provide to City the Certificates of Insurance or endorsements evidencing the insurance
coverage within fifteen (15) calendar days shall provide the basis for the termination of
the Contract.
c. Coverage is not to cease and is to remain in force (subject to cancellation notice) until
all performance required of Contractor is complete. All policies must be endorsed to
provide City with at least thirty (30) days' notice of expiration, cancellation and/or
restriction. If any of the insurance coverages will expire prior to the completion of the
work, copies of renewal policies shall be furnished at least thirty (30) days prior to the
date of their expiration.
d. City reserves the right to review and revise any insurance requirements at the time of
renewal or amendment of this Contract, including, but not limited to, deductibles,
limits, coverage, and endorsements based on insurance market conditions affecting
the availability or affordability of coverage, or changes in the scope of work or
specifications that affect the applicability of coverage. If Contractor uses a
subcontractor, Contractor shall ensure that subcontractor names City as an additional
insured.
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SECTION 4—TECHNICAL SPECIFICATIONS
4.1 General
The Contractor shall provide 93% Sulfuric Acid (H2SO4) in bulk, delivered, on an as-
needed basis to the City of Deerfield Beach and other participating agencies specified in
this ITB. This product will be used in the City's water treatment plant to produce drinking
water, and all products bid must be authorized for such use. This product is for use in
the City's membrane filtration process.
4.2 Product Description
4.2.1 Sulfuric acid for use in water treatment(membrane filtration system).
4.2.2 Sulfuric acid, technical grade, 93.19% minimum 66 degree Baume.
4.2.3 Total iron content shall not exceed twenty-five parts per million (25ppm).
4.3 Standardization/Variances
The City intends to purchase a product as specified and contained herein. In no way
does the City of Deerfield Beach intend to limit competition to one bidder. State any and
all variances clearly in writing. Wherever in these contract documents a particular brand,
make of material, manufactured article, device or equipment is shown or specked, such
brand, make of material, manufactured article, device or equipment should be regarded
as the standard.
4.4 NSF/ANSI Standard 60
,The sulfuric acid supplied shall be listed by the National Sanitation Foundation (NSF) as
being in full compliance with NSF Standard No. 60 for Drinking Water Treatment
Chemicals — Health Effects. The Contractor shall submit at the time bidding an Affidavit
of Compliance that the sulfuric acid to be provided under this contract is in conformance
with these standards.
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