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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) .uuu.uwufwu.unu.u. wuuuauwuuwuuw..wua wwu.uuu.wwuuuwuu 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 �wnwuuuwuwwuuuwuw.wwwuuwuuwuu.unwuumuwuuuuwuuuu.uuuu.wuu..uuuuuuuuwwuuuwuuuuwuu...wu.uww.....uuuw. 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 ATTEST: ba O r 3 -JO SON, MMt, CI CL 1 Deerfield/Resolutions/Purchas' o SE Coo /Sulfuric Acid-Deerfield P C O J C L C f0 CQ f0 oCL f (o� N � u F N N p C O C CO CO a '^ '^ C 4 l0 M N U aMi �M'I A ` M a�i tOf1 M d N I M M } Z } M Q O E N 7• a. M v g co 00 Y H O O O a` 3 p N d U {J F- a = 9 0 " rn H LL LL O C r O '00 M O L g rl > • nj E r C = Q L p. N N N V F m Q mO cn O M M N f0 V E 4V V) p -1 to 00 w tLOD O } Z } • Q Lq N w 'm CA m U y d 'V • r 't " 3 u N ,- m c Z (n m = U o 3 L O U p Q c v : 'L N f0 4! N U u = f0 Q F" o " = 4- O u _ C " O L m 4- y3j H +' V 3 OOiO `� `� ft9 LL v 0 O M t -0 M 4+ N y� N N M = GJ C 00 O O O N G O E U E N a L ai ai L P L ` d v m m o ar � � M M C + O U tOi t L O ` M • � L L 4+ Q) O �' C zs m a M >. 3 'o CL °' o — E a� tw « Q c > U ° E vob w Q a c 1 o v � Ld L 41 -0 > f0N E _ • o � c a, a _ o � � L • .2 @ - C a rn Q 41 `v 0 4+ aai Q H o m u • 'O s O • 7 V V N 'O L C H v Q U d v V) v a 4 :2 E W 'o 0 e.Q- w 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: •"'� �t 26t"�--- ice• 4&=-�- 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" 2 ITB#2012-13/18 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. 3 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 4 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 5 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, 6 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. 7 ITB#2012-13/18 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 8 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. 9 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 10 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 11 ITB#2012-13/18 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. 12 ITB#2012-13/18 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 13 ITB#2012-13/18 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). 14 ITB#2012-13/18 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 P 9 q 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. 15 ITB#2012-13/18 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: 16 ITB#2012-13/18 • 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. 17 ITB#2012-13/18 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. 18