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HomeMy WebLinkAboutR-2018-169 City Authorizing Expenditure of Funds for Purchase of Various Water Treatment Plant Chemicals-Purchased Under the Southeast FL Government Purchasing Cooperative Group Contract ($25,000.00) RESOLUTION NO. 2018-169 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF VARIOUS WATER TREATMENT PLANT CHEMICALS (INCLUDING BUT NOT LIMITED TO FLUORIDE, ANTI- SCALANT, ZINC ORTHOPHOSPHATE, SODIUM HYPOCHLORITE, POLYPHOSPHATE, SODIUM HYDROXIDE, SULFURIC ACID, CALCIUM OXIDE-QUICKLIME) TO BE PURCHASED FROM VARIOUS CHEMICAL SUPPLY VENDORS UNDER THE SOUTHEAST FLORIDA GOVERNMENT PURCHASING COOPERATIVE GROUP CONTRACT, FOR FISCAL YEAR 2018-2019, WHICH MAY EXCEED ANNUAL SINGLE VENDOR TOTALS OF TWENTY-FIVE THOUSAND DOLLARS ($25,000.00), AND FURTHER PROVIDING THAT SUCH PURCHASES ARE TO BE MADE WITHIN THE WATER DIVISION'S APPROVED CHEMICAL BUDGET APPROPRIATIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part 11I, 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 if such purchases are made pursuant to a competitive bid obtained in the last eighteen (18) months by other government agencies such as the federal government, State of Florida, or a Florida municipality or county; 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 Twenty Five Thousand Dollars ($25,000.00) for a vendor each fiscal year; and WHEREAS, the Public Services Department Director has determined that it is necessary to purchase certain chemicals for City use; and WHEREAS, the Public Services Department Director has determined that not every chemical supply vendor provides all necessary chemicals which may be required by the City, thereby requiring multiple vendor agencies to be selected for various purchases; and WHEREAS, the Public Services Department Director has determined that the items can be obtained at the least cost to the City without competitive bidding and without advertisement for bids from the following vendors under an existing Co-op Agreement with the Southeast Florida Government PurchasingCooperative Group Contract a co of which is attached and p p � copy incorporated by this reference as Exhibit"A": • Hawkins Company, Inc. • Shrieve Chemical • LHoist North America of Alabama, LLC; and • Allied Universal Corporation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. That the above "WHEREAS" clauses are approved, and are made a part of and incorporated into this Resolution by this reference. Section 2. That the City approves the purchase of water plant chemicals from the various chemical supply vendors approved under the existing Co-op Agreement with the Southeast Florida Government Purchasing Cooperative Group, a copy of which is attached as Exhibit A, in an amount that may exceed the annual vendor Twenty Five Thousand Dollars ($25,000.00)purchase threshold from a single vendor. Section 3. That funding for the water plant chemicals are planned and appropriated in the FY 2018-2019 approved budget in the Water Fund Water Plant Division Account Number 401-33-03-533-52-40 in the amount of Two Hundred Thirty Two Thousand Five Hundred Dollars ($232,500.00). 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 upon its passage and adoption. PASSED and ADOPTED on Dece 2018. ATTEST: /Att,, THOMAS SCHNEIDER, CMC L RI LEWELLEN CITY CLERK ge�/SHED MAYOR APPROVEDAAF AND CORREC ESS: TH M S_JANMO CITY ATTORNEY 2 RESOLUTION#2018-169 lit Southeast Florida Governmental Purchasing Cooperative Group CONTRACT AWARD Please complete each of the applicable boxes and submit with bid documents, award notices and tabulations to IPiper@mvboca.us for placement on the NIGP SEFL website Cooperative contract page. BID/RFP No. Bid 2018-013 Description/Title: Furnish and Deliver Sodium Hydroxide 50% by Weight Initial Contract Term: Start Date: 04/17/2018 End Date: 04/16/2020 Renewal Terms of the Contract: 3 Renewal Options for 1 year each (No.of Renewals) (Period of Time) Renewal No. Start Date: End Date: Renewal No. Start Date: End Date: Renewal No. Start Date: End Date: SECTION#1 VENDOR AWARD Vendor Name: Allied Universal Corporation vendorAddress: 3901 NW 15th Avenue, Miami, FL 33178 Contact: Cristhianne Munguia Phone: (305) 888-2623 Fax: (768) 522-0215 Cell/Pager: Email Address: Website: FEIN: SECTION#2 AWARD/BACKGROUND INFORMATION Award Date: 04/04/2018 Resolution/Agenda Item No.: 18-034 Insurance Required: Yes X No Performance Bond Required: Yes No X SECTION#3 LEAD AGENCY Agency Name: City of Margate Agency Address: 5790 Margate Blvd., Margate, FL 33063 Agency contact: Wylene Sprouse Email wsprouse@margatefl.com Telephone: (954) 935-5340 Fax: (954) 935-5258 April 5,2018 CITY Of MARGATE Allied Universal Corporation Together We Make it Great ATTN: Cristhianne Munguia 3901 NW 115 Avenue Miami, FL 33178 Re: Bid#2018-013 City Commission Mayor Arlene R.Schwartz Dear Ms. Munguia: Vice Mayor Anthony N.Caggiano Lesa Peerman This is to confirm that the City of Margate, as lead agency for the Southeast Tommy Ruzzano Joanne Simone Florida Governmental Purchasing Co-operative Group, has accepted your written proposal on the above referenced solicitation to FURNISH AND DELIVER City Manager SODIUM HYDROXIDE 50% BY WEIGHT. The term of this contract is from Samuel A.May April 17, 2018 thru April 16, 2020 with an option to renew for three (3) one (1) year terms providing both parties agree that all terms, conditions and Interim City Attorney specifications remain the same and providing for availability of funding. Goren,Cherof, Doody&Ezrol,P.A. Please note it shall be the responsibility of Allied Universal Corporation to provide the City with your Certificate of Insurance, complying with the City Clerk specification limits, throughout the term of this agreement. Joseph J.Kavanagh Thank you for your interest in doing business with the City of Margate. Sincerely, AON(Z>(-� Wylene Sprouse Purchasing Supervisor cc: Bid#2018-013 Finance Department 5790 Margate Boulevard, Margate, FL 33063 • Phone: (954)972-64S4 • Fax: (954)935-5258 www.margatefl.com • purchase@margatefl,com CITY OF MARGATE, FLORIDA RESOLUTION NO. 18- 034 A RESOLUTION OF THE CITY OF MARGATE, FLORIDA, APPROVING AWARD OF BID #2018-013 - FURNISH AND DELIVER SODIUM HYDROXIDE TO ALLIED UNIVERSAL CORPORATION; PROVIDING FOR THE CITY OF MARGATE TO ACT AS LEAD AGENCY FOR THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE GROUP; PROVIDING FOR CONTRACT START DATE OF APRIL 17, 2018; AND PROVIDING FOR AN EFFECTIVE DATE. BE IS RESOLVED BY THE CITY COMMISSION OF THE CITY OF MARGATE, FLORIDA: SECTION 1: That the City Commission of the City of Margate, Florida, approves award of bid #2018-013 - Furnish and Deliver Sodium Hydroxide to Allied Universal Corporation, at a cost of $2 . 76 per gallon for truckload delivery (over 3500 gallons) and $3 .34 per gallon for less than a truckload delivery and that the City of Margate will act as lead agency for the Southeast Florida Governmental Purchasing Cooperative Group. SECTION 2 : That the Mayor and City Manager are authorized and directed to execute a contract for the above, or the administration is authorized to issue a purchase order to implement same. SECTION 3 : That this Resolution shall become effective immediately upon its passage. PASSED, ADOPTED AND APPROVED THIS 4th day of APRIL, 2018. ATTEST: . KAV GH OR LENE y SCHWART7�/ CITY CLERK �/ RECORD OF VOTE Peerman ABSENT Simone YFq Ruz zano YES Caggiano YES Schwartz YES City of Margate Project: Furnish and Deliver Sodium Hydroxide 50% Bid No. 2018-0013 Date: March 22, 2018 Time: 11:00 a.m. Name of Bidders Total Amount "4 CZ?(.p 1/19t,-- CIO 1100 -rr-ud--, Loy a 11 ss �►�Uc�. City of Margate Sign-in Sheet Furnish & Deliver Sodium Hydroxide 50% Bid No. 2018-013 Date: March 22,2018 Time: 11:00 am Name of Bidder Com an Name: Ci ersonnel Page 1 BID PROPOSAL FORM BID NO. 2018-013 BID TO: CITY COMMISSION CITY OF MARGATE 1. The undersigned bidder proposes and agrees, if this bid is accepted, to enter into an Agreement with the Owner in the form included in the Contract Documents to perform the Work as specked or indicated in said Contract Documents entitled: FURNISH AND DELIVER SODIUM HYDROXIDE 50% BY WEIGHT BID NO. 2018-013 2. Bidder accepts all of the terms and conditions of the Contract Documents, including without limitation those in the Notice Inviting Bids and Instructions to Bidders, dealing with the disposition of the Bid Security. 3. The bid will remain open for the period stated in the Notice Inviting Bids unless otherwise required by law. Bidder will enter into an Agreement within the time and in the manner required in the Notice Inviting Bids and the Instructions to Bidders, and will furnish the insurance certificates, Payment Bond and Performance Bond required by the Contract Documents. 4. It is the Contractor's responsibility to contact the City @ (954) 935-5346 prior to the bid opening to determine if any addenda have been issued on the project. Bidder has examined copies of all the Contract Documents including the following addenda (receipt of all of which is acknowledged): Number Date 5. Bidder has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality where the Work is to be performed, the legal requirements (federal, state and local laws, ordinances, rules and regulations), and the conditions affecting cost, progress or performance of the Work and has made such independent investigations as bidder deems necessary. 6. This bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation. Bidder has not directly or indirectly induced or solicited any other bidder to submit a false or sham bid. Bidder has not solicited or induced any person, firm or corporation to refrain from bidding and bidder has not sought by collusion to obtain for itself any advantage over any other bidder or over Owner. To all the foregoing, and including all Bid Schedule(s) and Information Required of Bidder contained in this Bid Form, said bidder further agrees to complete the Work required under the Contract Documents within the Contract Time stipulated in said Contract Documents, and to accept in full payment thereof the Contract Price based on the Total Bid Price(s) named in the aforementioned Bidding Schedule(s). Bid No.2018-013 37 NAME OF FIRM: Allied Universal Corporation ADDRESS: 3901 NW 115 Avenue.,Miami,FL 33178 NAME OF SIGNER: Cristhianne Munguia (Print or Type) TITLE OF SIGNER: Bid Coordinator SIGNATU � DATE: March 16,2018 TELEPHONE NO.: 305-888-2623 FACSIMILE NO.: 786-522-0215 Bid No.2018-013 38 SCHEDULE OF BID PRICES—BID NO. 2018-013 TO: CITY COMMISSION CITY OF MARGATE (Please fill in all blanks and return with your proposal.) In accordance with your request for proposals and the specifications contained herein, the undersigned proposes the following: DESCRIPTION TOTAL COST TOTAL COST PER GALLON OF SODIUM HYDROXIDE DELIVERED—TRUCKLOAD (OVER 3500 GAL) $ 2.76 /GAL TOTAL COST PER GALLON OF SODIUM HYDROXIDE DELIVERED—LESS THAN TRUCKLOAD Per Bid Specifications $ 3.34/GAL Minimum ordering amount 500 seals(not less than 400 gal) ALL BIDS MUST BE SIGNED WITH THE VENDOR NAME AND BY AN OFFICER OR EMPLOYEE HAVING THE AUTHORITY TO BIND THE COMPANY OR FIRM BY SIGNATURE. MATERIAL SAFETY DATA SHEETS ENCLOSED? YES X NO SPECIFICATION SHEETS/BROCHURES? YES X NO HAVE YOUR INSURANCE REPRESENTATIVE REVIEW THE SAMPLE INSURANCE CERTIFICATE TO ENSURE COMPLIANCE. WILL YOUR FIRM ACCEPT PAYMA A CITY OF MARGATE VISA CREDIT CARD? PLEASE CIRCLE ONE YES I NO Bid No.2018-013 39 BIDDER'S GENERAL INFORMATION: The bidder shall furnish the following information. Additional sheets shall be attached as required. Failure to complete Item Nos. 1, 3, and 7 (if required) will cause the bid to be non-responsive and may cause its rejection. In any event, no award will be made until all of the Bidder's General Information (i.e., items I through 7 inclusive) is delivered to the CITY. (1) CONTRACTOR'S name and address: Allied Universal Corporation 3901 NW 115 Avenue Miami,FL 33178 (2) CONTRACTOR'S telephone number: 305-888-2623 (3) CONTRACTOR'S license: Primary classification: N/A for this Bid State License Number: Supplemental classifications held, if any: Name of Licensee, if different from (1) above: (4) Name of person who inspected site of proposed WORK for your firm: Name:N/A for this Bid Date of Inspection: (5) Name, address, and telephone number of surety company and agent who will provide the required bonds on this contract(if required): Mel Weisel 8000 Governors Square Blvd.,Suite 301 305-503-9153 Miami Lakes,FL 33016 (6) ATTACH TO THIS BID the experience resume of the person who will be designated as Supervisor for this project. See attached. Bid No.2018-013 40 (7) ATTACH TO THIS BID a financial statement (if Required), references, and other information, sufficiently comprehensive to permit an appraisal of CONTRACTOR'S current financial condition. (Not Required) (8) Subcontractors: The Bidder further proposes that as part of their submittal there is attached a list of subcontracting firms or businesses who will be awarded subcontracts for portions of the work in the event the bidder is awarded the Contract. We do not use Subcontractors. Bid No.2018-013 41 REFERENCE SHEET BID NO. 2018-013 In order to receive Bid Award Consideration on the proposed bid, it is a requirement that this sheet be completed and returned with your bid/proposal. This information may be used in determining the bid award for this Project. BIDDER (COMPANY NAME): Allied Universal Corporation ADDRESS: 3901 NW 115 Avenue.,Maimi,FL 33178 CONTACT PERSON: Cristhianne Munguia TITLE: Bid Coordinator TELEPHONE: 305-888-2623 FACS I M I LE:786-522-0215 NUMBER OF YEARS IN BUSINESS: 64 ADDRESS OF NEAREST FACILITY:8350 NW 93rd St..,Miami,FL 33166 LIST THREE_(3) COMPANIES OR GOVERNMENTAL AGENCIES WHERE THESE PRODUCTS OR SERVICES HAVE BEEN PROVIDED IN THE LAST YEAR. 1. Company Name: Miami Dade Water&Sewer Address: Hiealeah,FL 33011 phone:786-229-0701 Contact Person: Ed Turner Title: Plant Superintendent 2. Company Name: Palm Beach County Address: Boca Raton FL 33433 Phone: 561-616-6814 Contact Person:Sandy Cservenyak Title: Purchasing Agent 3. Company Name: City of Ft.Myers Address: Ft.Myers,FL 33916 Phone: 239-321-7238 Contact Person: Debra Kearns Title: Purchasing Agent Bid No.2018-013 42 COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH ACT BID NO. 2018-013 Bidder certifies that all material, equipment, etc. contained in this bid meets all O.S.H.A. requirements. Bidder further certifies that if he/she is the successful bidder, and the material, equipment, etc., delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect on date of delivery, all costs necessary to bring the material, equipment, etc, into compliance with the aforementioned requirements shall be bome by the bidder. OCCUPATIONAL HEALTH AND SAFETY DATA SHEET REQUIRED: In compliance with Chapter 442, Florida Statutes, any item delivered from a contract resulting from this bid must be accompanied by a SAFETY DATA SHEET (SDS). The SDS must include the following information: A. The chemical name and the common name of the toxic substance. B. The hazards or other risks in the use of the toxic substances, including: 1. The potential for fire, explosion, corrosivity and reactivity; 2. the known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and 3. the primary routes of entry and symptoms of overexposure. C. The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the toxic substances, including appropriate emergency treatment in case of overexposure. D. The emergency procedure for spills, fire, disposal and first aid. E. A description in lay terms of the known specific potential health risks posed by the toxic substances intended to alert any person reading this information. F. The year and month, if available, that the information was compiled and the name, address and emergency telephone number of the manufacturer responsible for preparing the information. SIGNATURE: DATE: March 16,2018 Bid No.2018-013 43 CITY OF MARGATE STATEMENT OF NO BID IF YOU DO NOT INTEND TO BID ON THIS PROPOSAL, RETURN THIS FORM TO ADDRESS WHERE BID IS TO BE SUBMITTED: I/We have declined to bid on your proposal No: 2018-013 Bid Description: FURNISH AND DELIVER SODIUM HYDROXIDE 50% BY WEIGHT For the following reason: 1. Specifications are too tight, i.e. geared toward one brand or manufacturer only (Explain reason below) 2. Insufficient time to respond to invitation. 3. We do not offer this commodity/service or equivalent. 4. Our product/service schedule would not permit us to perform. 5. Unable to meet specifications. 6. Unable to meet bonding requirements. 7. Specifications unclear(Explain below). 8. Other (Specify below). REMARKS: Attach additional pages if required. IANe understand that if the NO BID form is not executed and returned, our name may be deleted from the list of qualified bidders for the City of Margate. COMPANY NAME: ADDRESS: TELEPHONE NO: DATE: SIGNATURE OF BIDDER: Bid No.2018-013 44 DRUG-FREE WORKPLACE PROGRAM FORM BID NO. 2018-013 In accordance with Section 287.087, State of Florida Statutes, preference shall be given to businesses with Drug-free Workplace Programs. Whenever two or more bids which are equal with respect to price, quality and service are received for the procurement of commodities or contractual service, a bid received from a business that certifies that it has implemented a Drug-free Workplace Program shall be given preference in the award process. In the event that none of the tied vendors have a Drug-free Workplace program in effect the City reserves the right to make final Decisions in the City's best interest. In order to have a Drug-free Workplace Program, a business shall: 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 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 specked in subsection (1). 4. 1n the statement specified in subsection (1), notify 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 contenders to, any violation of Chapter 893 or of any controlled substance law of the United States of 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 convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation. If bidder's company has a Drug-free Workplace Program, so certify below: AS THE PERSON AUTHORIZED TO SIGN THE STATEMENT, I CERTIFY THAT THIS FIRM COMPLIES FULLY WITH THE AB VE REQUIREMENTS. SIGNATURE OF BIDDER: DATE. March 16 2018 Bid No.2018-013 45 MARGATE ie}i-4rer 14 Mir tl t, x NON-COLLUSIVE AFFIDAVIT FOR 2018-013 State of Florida 1 County of Miami-Dade ) Cristhianne Munguia being first duly swom, deposes and says that: He/she is the Bid Coordinator (Owner, Partner, Officer, Representative or Agent)of Allied Universal Corg.the Offeror that has submitted the attached Proposal; He/she is fully informed regarding the preparation and contents of the attached Proposal and of all pertinent circumstances regarding such Proposal; Such Proposal is genuine and is not a collusive or sham Proposal; Neither the said Offeror 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 Offeror, 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 any Offeror, firm, or person to fix the price or prices in the attached Proposal or of any other Offeror, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Offeror, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Offeror or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. Signed, s aed and delivered in the presence of: Sarah Moros By M - Susette Hernandez Cristhianne Munguia ness Printed Name Bid Coordinator Title Bid No.2018-013 46 ACKNOWLEDGMENT NON-COLLUSIVE AFFIDAVIT FOR 2018-013 State of Florida County of Dade On this the 16 day of Mush_, 2018 , before me, the undersigned Notary Public of the State of Florida, personally appeared Cristhianne Munguia,Susette Hernandez and Sarah Moros (Name(s)of individual(s)who appeared before notary) whose name(s)is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTAR B IC, STATE OF FLORIDA NOTARY PUBLIC - SEAL OF OFFICE: (Name of Notary Public: Print, Stamp, or Type as Commissioned) IPI(ersonall known to me,or W COMMSSION# FF 2MI3 y - sor p ❑Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath Bid No.2018-013 47 CERTIFICATE OF LIABILITY INSURANCE DATa(MAEDDIVYYYI THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER,Tile CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE OGEE NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the polloy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and oondisons of the policy,certain policies may require an endorsement. A statement an this certificate does not confer rights to the teruncato holder In lieu of such&ndorseme s PRODUCER J�#el.+►rFD,�aNs coveRA4e ..__�.wuo r JAMIMIL— COVERAGE& CERTIFICATE EER` tSION NUMBER. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN SURWI:O NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF THER DOCUMENT WITH RESPECT TO WHICH THIS EXCLUS EXCLUSIONS AND RTIFICATE MAY CONDITIONS OF SUCH POLICIES.L iE INSURANCE MITS KNOWN MAY HO Y PAD CLAIMS. DESCRIBED HSKEIN 18 SUBJECT TO ALL THE TERMS, TYPR aF BULIRANaa LOTS taliIRALUAINUrY RACHOCCURRENCE s X COMM&RcaL tMRAL LIABILITY r i CU r 08AAM ❑OCCUR 1 � MID jp ae _� i SK- FIRSONk&ANY INJURY I ^_ L9N9RALA8QR&0*T6 I 1 ORN'L AOGREOATa LIMIT A"LIKS PER: PRODUCTS• At0 i POLICY P .�. L I i�_.�......a AUTOMMILELIA81UTY W aDDSING1.8UMIT i 6t10K X cift ANYAUTO I WINLY INJURY(Per W" i. ALL OYMOAVTOS NWILY INJURY(Par wd" i —..... SC►ROULeDAUTrm PROPARrYDA"I HIRIOA" (puft""o i MW-0VINE0AUT06 i UMIPAUA WA L J Oom EACH URRENCa i SX0260UA& CWMe•L! r 71 t I AOGANUTS i �.._ i _....... DEOUCTIeIa i Notes �w ANDEMPLAYBIt6E'WMWITY When applicable,the Insured K ANY PROPMATO M$tTMW XWLMVI &hap a of ILL.M ACCIDENT i aFPnMWIEMIRR aXOLUOM N i A prO�nfe oepY MM. nNl authorized certificate or a,L.0169"It•NA&MPLOYE 8 �00.QDQ_ IN ILDIS&Aa&.POLIOY LIMIT i Workers CompBneaOon Enmptlon nescRlPTtaN of eP&RATmNu I.00ATtona/v&raotn µLwaLl AaaLD tit,Adaaa�R.arur.a.u.ew.,K monr.aa r n4uirad! The City of Margate additlonrd Insured for General Liability Orly CERTIFICATE CANCELLATION The City of Margate SHOULD ANY of TOR AWVII DIaCIWID FOLIrX1& ea CANCILLID tafaRa TNa WNRA710N DATE THeReaF.Noeea WILL a DIWAR11D IN ACCORDANDa W"THa (Department Name) POLICY PROVISIONS, 6760 Margate Blvd AUTHORIeaD RPRAINIMATIVI Margate,Florida 33063 0IBM 2009 ACORD CORPORATION. All rights reserved. ACORD 24(900910i) The ACORD name and logo are rsglatBred marks of ACORD cis sen e@ 3901 NW 115 Avenue Miami, Florida 33178 305-888-2623 office 305-963-8369 fax PALLIEDUNIVERSAL CORPORATION Estoblished 1954 RESOLVED that Cristhianne Munguia, Bid Coordinator for Allied Universal Corporation, be authorized to sign and submit the Contract of this corporation for the following project: Supply and Delivery of Sodium Hydroxide to City of Margate This bid or proposal shall include any other certificate of certification, which may be required by general municipal, state, or federal law(s). Such inclusion shall be the act and deed of this corporation, and for any inaccuracies or misstatements in such certificates or certifications this corporate bidder shall be liable under the penalties of perjury. The foregoing is a true and correct copy of the resolution adopted by Allied Universal Corporation at the meeting of its Board of Directors held on the 12th day of December 2017. (Seal of Corporation) Jim Inver, President-CEO 3901 NW 115 Avenue 9501 Rangeline Road 30 Neil Gunn Drive 5215 W.Tyson Avenue Miami,Florida 33178 Ft.Pierce,Florida 34987 Ellisville,MS 39437 Tampa,Florida 33611 305-888-2623 772-464-6195 601-477-2550 813-832-4868 8350 NW 115 Avenue 204 SCM Road 1405 Possum Hollow Roac 2100 Port Road Miami,Florida 33166 Brunswick,GA 31525 Ranger,GA 30734 West Memphis,AR 72301 305-888-2623 912-267-9470 706-334-7377 870-732-3107 �o��o ci.Ass sgay`Cl 3901 NW 115 Avenue Miami, Florida 33178 305-888-2623 office 30.i-463-8369 fax ALLIED UNIVERSAL CORPORATION ALLIED 1934 March 16, 2018 Allied Universal Corporation is a privately owned company, which has been in business since 1954. Our Corporate Headquarters is located at 3901 N.W. 115 Avenue, Miami, FL 33178. There are presently 7 delivery locations; Miami, FL; Ft. Pierce, FL; CFI-Tampa, FL; Jacksonville, FL Terminal, Brunswick and Ranger, GA and Ellisville, MS. We package Gas Chlorine in all locations, except Ft. Pierce and Jacksonville and manufacture Sodium Hypochlorite, in all of our locations, except our Jacksonville Terminal and have serviced Utilities and Municipalities, in 22 states, for over 60 years. We also distribute other water treatment chemicals, swimming pool chemicals, and some chemicals for industrial use. The delivering facility which will supply the City of Margate is our Miami, FL facility by our affiliate company, Transportation Services Unlimited, with a dedicated fleet of over 100 tractors and tankers, with an employee complement of approximately 275 people. The location of the nearest emergency station is the Miami, FL facility, located at 8350 N.W 93rd Street., Miami, FL 33166. With normal delivery lead time of 3 work days. Contact name for all deliveries is Juan Carlos Cedeno, phone number 786-312-1503, e-mail JuanCO-Allieduniversal.com. He is available from 6:30 a.m. until 3:30 p.m. Other key personnel is: Jaimie Johnson, Branch Manager 786-312-1501, is in charge of emergency crews and Ron Zeigler South Regional Operations Manager 772-342-1872. Attached you will find the Emergency Contact list and Emergency Spill Procedure for your review. If you have any questions or concerns on any of this information, please contact Cristhianne Munguia, Bid Coordinator, Allied Universal Corporation, 3901 N.W. 115 Avenue, Miami, FL 33178, phone number (305) 888-2623/Ext. 0125; Fax, (786) 522-0215; E-Mail, CristyMO-allieduniversal.com and BidsO-Allieduniversal.com /cm 3901 NW 115 Avenue 9501 Rangeline Road 30 Neil Gunn Drive 5215 W.Tyson Avenue Miami,Florida 33178 Ft.Pierce,Florida 34987 Ellisville,MS 39437 Tampa,Florida 33611 305-888-2623 772464-6195 601477-2550 813-832-4868 8350 NW 93 Street 204 SCM Road 1405 Possum Hollow Roac Miami,Florida 33166 Brunswick,GA 31525 Ranger,GA 30734 305-888-2623 912-267-9470 706-334-7377 `�max' `'' 3901 NW 1 l 5'h Avenue Miami,Florida 33178 305-888-2623 office 305-885-4671 fax JXEDNISSAL CORPORATION FdaWmd 1954 August 2013 Dear Allied Customer: As a member of the National Association of Chemical Distributors and The Chlorine Institute, Allied Universal Corporation strongly encourages all of its customers to formulate, periodically review and update their procedures for the proper handling and use of Allied's chemical products. Customer procedures should,of course, include emergency preparedness and plans for handling potential chemical spills and releases. It is the responsibility of each customer to develop its own individual, site-specific emergency procedures. The attached "Spill Contingency"pamphlet contains examples of some of the types of procedures customers may wish to consider when formulating, reviewing or updating their respective emergency procedures. Customers should NOT rely upon these examples, as they are not intended to be comprehensive, nor will they be appropriate for every customer, since our customers' business operations, personnel, physical facilities and locations are diverse, and customer practices and procedures will, by necessity, vary accordingly. Customers may, however, find these examples useful in formulating, reviewing or updating their own individualized,site-specific practices and procedures. Allied strongly recommends that each customer consult with a qualified and licensed environmental cleanup service in formulating emergency procedures for handling chemical spills or releases.As part of these procedures,each customer should have available for immediate use the contact information for local environmental cleanup services. All customers must ensure that their employees are trained in the proper and safe handling and use of all chemical products, and that their employees are familiar with all applicable labels and Material Safety Data Sheets and Safety Data Sheets (after W112015). This employee training must be documented and maintained on file at all times, in accordance with applicable government regulations. It is the responsibility of every customer to familiarize themselves and to comply with all applicable federal, state and local laws and regulations pertaining to chemicals utilized in the customer's business operations, including, but not limited to, title 29 of the Code of Federal Regulations, section 1910.38. Customers should not rely upon the attached exemplar procedures. Customers should consult with and rely only upon the advice of licensed legal and environmental professionals. Allied will not be responsible for any incidental, consequential, special or other damages arising from or relating to the attached exemplar procedures, or its customers formulation and implementation of emergency preparedness and chemical cleanup procedures. If Allied can assist your efforts in the proper handling of our products, please contact your Sales Representative. NOTE: Many Chlorine Institute Pamphlets are available for free online at www.chlorineinstitute.com, including Pamphlet 64 Emergency Plans, 65 Personal Protective Equipment,Pamphlet 1 Chlorine Handbook,and many more. W"W4' Ct/STOAA:RS SHOULD NOT RELY UPON THESE S"KAR PROCEI M4 AS TNEYARE INTENDED SOLELY FOR WE CUSTOMER'S USE AS A STARTING POWT IN FARNULATM EACH CUSTOWRS/YWVIOLW,SITE-WECPC E4QRG6YCY aE~PRGCEMM CLISR AMS SHOULD CONMT WRH AND RELY GASYUPON YWE ADVICE OF LWY ED LEGAL AND ENVRONNWAL PROFESSIONALS W FORMIKATING IMP NWVIDUAL SM-SPECK PROCEDURES ALLIED a NOT RFSamisLE FoR ANY DAMAGES,AYCLUDm aw NorLDA w To,INCIDHP k CONWaXenW.AND SPECW.DAMAGES,AROW FROM THE CUSTOMER'S FORAHRATAON AND ARBWEMTATM OF E►IRGENCYPREPAREDNESSiCHELOCM.CLFANUPPROCEDURES. Page 1 of 20 Allied Universal Corp. Customer Spill Contingency—W013 CONTENTS SPILL CONTINGENCY PAGE 3 REPORTABLE QUANTY REPORTING PAGE 4 NOTIFICATION PROCEDURES PAGE 5 WRITTEN FOLLOW UP PAGE 6 REPORTABLE QUANTITY LIST PAGE 8 SODIUMHYPOCHLORITE SPILLS PAGE 9 SODIUM HYDROXIDE SPILLS PAGE 11 ACID SPILLS PAGE 13 CHLORINE/SULFUR DIOXIDE RELEASES PAGE 15 SODIUM BISULFITE RELEASES PAGE 19 WARNM; CUSTOMERS SHOULD NOT RELY UPON THESE EXEMPLAR PROCEDURES,AS 7HEYARE NTENDED SOLELY FOR THE CUSTOMERS USE AS A STARTING PONT IN F0 WXATNG EACH CUSMM�S INDNIOWk,STTE.SPECIFIC EMERGENCY r RS-AREDNESSCHEWCAL CLEANUP PROCEDURES. CUSTOMERS SHOULD CONSULT WTH AND RELY ONLY UPON THEADWE OF LICENSED LEGAL AND ENVIRONUENTAL PROFESSIONALS of FORMIHArM THEM MWUAt,SILL SPECIFIC PROCEDURESS,ALLIED IS NOT RESPONSKE FOR ANY DAMAGES,NCLUDNG,OUT NOT LAUTED TO,W IDENTAL,CONSEX&YTIAL AND SPECNL DAMAGES ARLSNG FROU THE CUSTOMERS FORMUlATXTN AND AFEE4WATION OF EMERGENCY PREPAREDNES:CHEMICAL CLEANUP PROCEDURES Page 2 of 20 Arced Universal Corp. Customer Spill Contingency—&2013 SPILL CONTINGENCY In the event of a spill or leak, the employee discovering the spill or leak should immediately notify the site supervisor or manager. The site supervisor or manager should direct the employee to determine the source or cause of the leak and provide the employee with instructions on how to control or contain the incident, if possible. If containment and control is not possible, the facility owner or authorized site manager manager/supervisor should call the local public agency and first responders as well as their supplier. Please insert applicable phone numbers and names for your location. EMERGENCY RESPONSE PHONE NUMBERS FIRE DEPARTMENT 911 ALLIED 24HR CHEMICAL SPILL 1-903-987-3248 EMERGENCY NUMBER Or CHEMTREC 1-800-424-9300 ALLIED BRANCH SUPPLIER NUMBER: Miami, FL 305-888-2623,x127,OR x139 Ft. Pierce, FL 772-4644195,x205 CFI -Tampa, FL 813-832-4868 Brunswick, GA 912-267-9470,x123 OR x133 Ranger, GA 706-334-7377,x.203 OR x205 Ellisville, MS 601-477.2550, x. 1001 OR x1002 ALLIED SALES REPRESENTATIVE LOCAL HOSPITAL NAME 8L PHONE NUMBER OTHER APPLICABLE EMERGENCY NUMBER FACILITY NEIGHBOR FACILITY NEIGHBOR WARNM CUSTOW"SHOULD NOT RELY UPON THESE EXEMPLAR FROGEDWE&AS THEY ARE WBVDED SOLELY FOR THE CUSTOMERS USE AS A STAMM POAIT W FORLMATWG EACH CUSTOMERS LWXYMAL,SITE SPECIFIC EMERGENCY PREPAREDNESSCHEAYCAL CLEANUP PROCEWAES CUSTOMERS SHOULD CLMVSULT WW MID RELY ONLY UPON THE ADVICE OF LICENM LEGAL AND ENVOWNUENTAL PRCFESSAMVALS W EORARAATAVG THE WN WA1,STE SPECWic PRDIDUAM ALLw 16 NOT RESMNSSLE FOR ANY DAMAGES MCLUD&M BUT NOT LIMED TO,WGWMAL CONSEMOMAL ARID SPECK DAMAGES ARISWG FROM 1W CUSTOMERS FOMILATION AND AAPLfh1fNTATM OF 0DCYPREPAREOW$31CHMICAL CLfAMIPPNOCEDURES. Page 3 of 20 Allied Universal Corp. Customer Spill Contingency—812013 Hazardous Materials such as Sodium Hypochlorite Solution (Bleach), Sodium Hydroxide Solution (Caustic) and Acids have different properties and as such have different Reportable Quantities (RQ) dealing with notification. Reportable Quantity (RQ) as defined by the USEPA, means that quantity (as set forth by regulation), the release of which requires notification to the National Response Center at 1-800-424-8802. Both the USEPA and USDOT have published tables on Reportable Quantities for Hazardous Substances in the United States Code of Federal Regulations: EPA 40 CFR§ 302.4 and DOT at 49 CFR§ 172.101 APPENDIX A,Table 1. It should be understood that the RQ's as listed by both USEPA & USDOT are for pure substances. The chart on page 8 can be used to determine whether a RQ leak or spill has occurred. If a spill, leak or release to the environment, has occurred over the RQ amount, and material has not been contained by a containment device (e.g. scrubber, building, dike, etc.), notification to Federal, State and local authorities must and may have to be made. Federal notification is required, State and Local notification will vary from State-to-State and locality-to-locality. You must check with your State and Local applicable authorities to determine notification requirements. The Federal and some State numbers are listed below: US NATIONAL RESPONSE CENTER 800-424-8802 FL STATE WARNING POINT 800-S20-0519 GA OFFICE OF EMERGENCY SERVICES 800-241-4113 MS STATE WARNING POINT 800-222-6362 WARIWO.' CUSTOMERS SHOULD NOT RELY UPON IWSE EXEMPLAR PROCEDURE$AS T Y ARE WTENOED SOLELY FOR THE CUSTOMERS USE AS A STARTM POINT 1N FCRMULATRIG EACH CUSTOMERS INDIMAOL,SsIE.SPECM EMERGENCY PREPAREDNESSClIFAOCAI.CLEANP PROCEDURES,CUSTOMERS SHOULD CONSULT WIN AND RELY ONLY UPON THE ADVICE OF LICENSED LEGAL AND ENVIROA WENTAL PROFESSIWWS IN FORMULATING THEIR MVVWAL.S11'"MCIFIC PROCEDURES ALLIED LS NOT RESPONSME FOR ANY DAMAGES;NaUDIM BUT NOT LIMITED TO.INCMTAL CONSEOUENT44 AND SPECOi DAMAGES,ARIM FROM THE CUSTOMERS FORMULATION AND APLEMENTATM OF EMERGENCYPREPAREDNESSCHEMICAL CLEANUP PROCEDURES. Page 4 of 20 Allied Universal Corp. Cusiomer spill Contingency—8/2013 If it has been determined that a release in excess of the Reportable Quantity (RQ) has occurred (see listings on page 8) to the air, grounds or waters of the State, notification must be made within 15 minutes from the time the release was discovered in accordance with the United States Code of Federal Regulations 40CFR§302.6 and §355.40(b)to: 1. National Response Center 800-424-8802 And to the following agencies per State applicable laws: 2. The State Warning Point/State Emergency Response Hotline When notification is required to the Federal government and State government via the National Response Center and State Emergency Response Center require specific information as per 40CFR §355.40(b)(2)(i -vii). This information includes but will not be limited to: 1. Name, location, and telephone number 2. Name and address of the party responsible for the incident 3. Date and time of the incident 4. Location of the incident 5. Source and cause of the release or spill (i.e. tank failure) 6. Types of materials(i.e. chemical) released or spilled 7. Quantity of material released or spilled 8. Danger or threat posed by the release or spill (i.e. acute or chronic health risks, environmental damage, etc.—use a Material Safety Data Sheet for this information) 9. Number and type of injuries (if any) 10.Mitigation efforts, if any, being made to stop the release 11.Weather conditions at the incident location 12.Any other relevant information WANOM CUSTOMERS SHOULD NOT RELY UPON THESE EXEMPLAR PROCEDURES.AS TIEYARE NTENDED SOLELY FOR THE CUSTOMERS USE AS A STARANG POWT IN FORARRATING EACH CUSTOMERS WWVIDUAL,SITE SPECPC EMERGENCY PREPAREONESSi eArAL CLEANUP PROCEDURES CUSTOMERS SHOULD CLWSULT WIN AND RELY ONLY tm THE ADVICE OF L CENSEO LEGAL AND ENMONME5NTAL PROFESSIONALS Sd FORMIAATMYG THEIR XONDUAL,SRESPECM PROCEDURES ALLIED IS NOT RESPONSKE FOR ANY DAMAGES,NCLUDWS,BUT NOTUMQTED TO,WCOWAL.CONSEQUENTIAL AND SPECK DAMAGES,ARMN FROM THE CUSTOMER'S FORKMAT N ANDANUMIWATION OFE'MENGENCYPREPAREONESSCHONC&CLEANUPPROCEDURES. Page 5 of 20 Allied Universal Corp, Customer spill Conkingency—8/2013 Within seven (7) days after a release which requires verbal notification to the Federal and State governments, the owner or operator of the facility shall provide a written follow up emergency notice to the State Emergency Response Center and Local Emergency Planning Council (LEPC). The letter should contain, at a minimum, the following information: 1. Chemical Name - Include whether an extremely hazardous substance. Also, the UN (i.e. UN 1791for bleach, UN 1824 for caustic, etc). 2. Location, time and duration of release. 3. Medium or Media into which the release occurred. 4. Estimate of quantity of product released. 5. Known or anticipated acute or chronic health risks associated with the emergency and where appropriate, advice regarding medical attention necessary for exposed individuals. (Use Material Safety Data Sheet- MSDS). 6. Actions that were taken as a result of the release, including evacuation and hospitalizations, and 7. Name and telephone number of Emergency Coordinator. The following table lists the name and addresses of a few of these agencies: WAAW6. CUSTOAeRS SHOULD NOT RELY UPON THESE DLE>ffPIAR PROCEDURES AS THEY ARE W7ENDED SOLELY FOR THE CUSTOMER'S USE AS A STARPHO POWT IN RXUU1A7W EACH CUSTOMERS WDNJOUAL.SITE•SPECM EMERGENCY PREPAfflWSSrW%C&CLEANUP PROCEDURES CUStOWRS SHOULD CONSULT WITH AND RELY ONLY UPON THE ADVICE OF LICENSED LEGAL AND ENYIRO M MAL PROFESSIONALS IN FORMULATING THEIR WOMDUAL,SITE-SPECFIC PROCEDURES,ALLIED IS NOT RESPONSBLE FOR MY DAMAGES,IdCLUDM BUT NOT Lft fED 70,WCIDWAL CONSEW&LAL AND SPECIAL DAMAGES.ARISAYG FROM 1W CUSTOMERS FOWULATION AND AOLEMENTA7A7N OFEMERGENCYPREPAREONESECNEWCAL CLFANUP PROCEDURES . Page 6 of 20 Allied Universal Corp. Customer Spill Contingency-8/2013 WRITTEN FOLLOW-UP NOTIFICATION ADDRESSES FL STATE EMERGENCY RESPONSE FL State Emerg. Response COMMISSION Commission 255 Shumard Oak Boulevard Tallahassee, FL 32399 800-320-0519 GA DEPARTMENT OF NATURAL Department of Natural Resources RESOURCES Environmental Protection Division 7 Martin Luther King Drive, Room 643 Atlanta,-Georgia 30334 800-241-4113 MS EMERGENCY MANAGEMENT MEMA AGENCY PO Box 4501 Jackson, MS 39296-4501 800-222-6362 601-352-9100 OTHER STATE EMERGENCY INSERT ADDRESS HERE AGENCY LOCAL EMERGENCY PLANNING CHECK WITH YOUR LEPC TO COMMISSIONS DETERMINE WHERE YOUR LETTER MUST BE SENT. WAMVC: CUSTOMERS&MD NOT RELY UPON THESE MOPLAR PROCEDURES,AS THEY ARE WEAK SOLELY FOR THE CUSTOMM USE AS A STARTING POINT IN FORMIAATM EADI CUSMAdER'S AVDMDUAL.WM SPECIFIC 9H2GENCY PREPARWNES6CH&At 1L CLEANUP PROCBI1 M CUSTWERS SHOULD CONSULT KM AND RELY ONLY UPON THE ADVICE OF LICENSED LEGAL AND ENMOIAEITAL PROFESSIONALS LN FORARA.AT M TEAM INDMXML S✓?ESPECIFIC MWEDEM&ALLIED IS NOT RESPONSOLE FOR ANY DAALAGES.INCLUDING,BUT NOT LAIATED TO.MVENIAL CONSEOUENnAL AND SPECK DAADIGES,AMSIQ FROM THE CUSTDA"S FORL UnON AND I RBWENTATM OFOWME YCYPREPAREDNESSSINCAL CLEANUP PROCEDURES, Page 7 of 20 Allied Universal Corp. Customer SPIN Contingency—8t2013 REPORTABLE QUANTITY CHEMICAL UST PRODUCT RQ -IN GALLONS RQ -IN POUNDS CHLORINE GAS 0.86 Gallons 10 Pounds MURIATIC ACID 20 B6 1,639 Gallons 5000 Pounds (Hydrochloric Acid) MURIATIC ACID 22 B6 1,449 Gallons 5000 Pounds (Hydrochloric Acid) SODIUM BISULFITE 1,170 Gallons 5000 Pounds SOLUTION -38% SODIUM HYPOCHLORITE 98 Gallons 100 Pounds SOLUTION - 10.5% SODIUM HYPOCHLORITE 80 Gallons 100 Pounds SOLUTION - 12.5% SODIUM HYPOCHLORITE 64 Gallons 100 Pounds SOLUTION - 15% SODIUM HYDROXIDE 156 Gallons 1000 Pounds SOLUTION -50% SODIUM HYDROXIDE 374 Gallons 1000 Pounds SOLUTION -25% SULFUR DIOXIDE 44 Gallons 500 Pounds SULFURIC ACID-28 B6 296 Gallons 1000 Pounds WARNING CUSTOMERS WOULD NOT RELY UPON THESE INS" AS TNEV ARE INTENDED SOLELY FOR THE CUSTOMER'S USE AS A STARTING POINT IN FORMIA.ATwG EACH CUSTOMER'S wDAADOAL.SITE SPECF/C a%gw,ENCY PREPAREDNESSRJfEWM CLEANUP PROCEDURES. CUSTOMERS SHOULD CONSULT WITH AND RELY ONLY UPON THE ADVICE Of LICENSED LEGAL AND ENVROIIMENTAL PROFESSIONALS IN FORMfAATMIG rAW AIDIVIDILAL,SRESPECIFIC PROCEDURES,ALLIED 9 NOT RESPDNSKE FOR ANY DAMAGES,INCLUOM,8UT NOT LIMITED TO,INCIDENTAL.CONSEOUENIM AND SPECIAL OAWAGES ARISING FROM THE CUSTOMERS FOWILATM AND SPLEI TATIONOFEMERGENCYPREPAREDNESSCHEMICALCLEANUPPROCEDURES. Page 8 of 20 Allied Universal Corp. Customer Will Contingency—8/2013 1. PROCEDURES FOR SODIUM HYPOCHLORITE SOLUTION DO NOT REFER TO SODIUM HYPOCHLORITE AS CHLORINE OR LIQUID CHLORINE. DO NOT USE CHLORINE IN THE DESCRIPTION AS IT IS CONFUSING(THEYASSUME IT TO BE CHLORINE GAS)TO PUBLIC RESPONDERS. DESCRIBE PRODUCT SPILLED AS SODIUM HYPOCHLORITE,BLEACH,OR LIQUID BLEACH. 1. Spill or Leak in Bulk Storage Tank a. Containment drain valve (if available) must be closed. Valve should only be opened to drain rainwater from containment and closed afterward. Verify State and local regulations for discharging rainwater prior to discharging. Chlorine levels and pH must not exceed State and local requirements before discharging. b. Determine the source of the actual leak. C. If the storage tank system is not damaged, pump only good Sodium Hypochlorite back into the storage tank for re-use. d. Spilled or released Sodium Hypochlorite that cannot be recovered or reused must be neutralized and properly disposed of in accordance with applicable Federal, State and Local regulations. e. Notify your supplier. 2. Discharges to Ground or Pavement a. Determine the source of the Sodium Hypochlorite leak. b. Stop the leak and contain the spilled product. C. If the personal safety of facility individuals is in danger, site supervision should evacuate the facility. d. Notify the local Fire Department. e. Spilled/released Sodium Hypochlorite that cannot be recovered/reused must be neutralized and properly disposed of in accordance with applicable regulations. f. Notify your supplier. WARWG: CUSTOMERS SHOUD NOT RELY UPON THESE EXEMPLAR PROCEDURK AS THEY ARE MITVOW SOLELY FOR THE CUSTOMERS USE AS A STARTNNG PONNT NI FORMUATM EACH CUSTOMERS WgWUAL.SUE-SPECM EAAB ENCY PR&AREDHESSCIOBGIt CLEANUP PROCEWRES CUSTOMERS SHOULD COMU WITH AND RELY ONLY UPON THEADYICE OF UCEIM LEGAL AND ENWOWAWAL FROFESMAKS NN FORW ATMIO THFR MWOUAL.SRE X PROCEDUM ALLED R NOT RESPONSKE FOR ANYDAMAGES,MUOM BUT NOT LANTED TO.NNCIDELITAL,CONSEQUENTIAL AND SPECIAL DAMAGES,ARM FROM THE CUSTOMER'S FORA"ATIWI AND MNPLS ASVTATIONOFEMERCB CYMMPAREONESXHEMICKCLBAIIPPROCEQNtES. Page 9 of 20 Allied Universal Corp. Customer Spill Contingency—W013 3. Treatment, Neutralization, Clean Up Procedures a. Spills of Sodium Hypochlorite solution should never be rinsed or flushed to drains or sewers. Suitable absorbent materials such as sand, vermiculite or clay should be used to absorb the material. Contaminated absorbents and soils should be scraped up using shovels and placed in suitable hazardous material containers and disposed of in accordance with all Federal, State and Local regulations. b. Neutralization of Sodium Hypochlorite may be accomplished using Sodium Sulfite, Sodium Bisulfite or Sodium Thiosulfate. Ratio is approximately one (1) pound for each gallon of spilled material. Material should be dissolved in a bucket of clean, clear water and applied to the residue area. Caution should be used as some heat may be generated during this process. By-products of this neutralization are water, salts and liberation of oxygen to the atmosphere. C. After neutralization has been conducted, the remaining residue is generally considered safe for rinsing to local sewer systems connected to Waste Water Treatment Stations. Permission must be obtained through the local treatment facility and local environmental agencies before any rinsing of residue is started WARMS: CUSTOMERS SHOULD NOTRELY UPON THESE EXEMPLAR PROCEDURES AS THEY ARE INTBOW SOLELY FOR THE CUSTOMER$USE AS A STARTMMi POINT IN FORMULATMVG EACH CUSTCAERS ENDWUAL,SITE.SPECLRC EARGEMCY PREPAREONESSACHt7AM CLEANUP PROCEDURES CUSTOMERS SHOULD CONSULT W"I AND RELY UPON THE ADVICE OF LICENSED LEGAL AND ENMONALENTAL PROFESSIONALS IN FORMULATING THOR MA WOUAL.MSPECIM PROCEDURES.ALLIED 4 NOT RESPONSJ&E FOR ANY DAMAGES,WCLEIDWG,SLIT NOT LAMM TOo,SJWE NrAL CON /ENTJAL AND SPECIAL DAMAGES,ARISSEG FROM THE CUSTOMER'S FORMULATION AND MNPEEAGYTATIO P OF EMERGENCYPREPAREDNESSUNSECAL CLFANUPPROCEDURES, Page 10 of 20 Allied Universal Corp. Customer Spill Contingency—812013 Il. PROCEDURES FOR SODIUM HYDROXIDE SOLUTION 1. Spill or Leak in Bulk Storage Tank a. Containment drain valve (if available) must be closed. Valve should only be opened to drain rainwater from containment and closed afterward. Verify State and local regulations for discharging rainwater prior to discharging. Chlorine levels and pH must not exceed State and local requirements before discharging. b. Determine the source of the actual leak. C. If the storage tank system is not damaged, pump only good Sodium Hydroxide back into the storage tank for re-use. d. Spilled or released Sodium Hydroxide that cannot be recovered or reused must be neutralized and properly disposed of in accordance with applicable Federal, State and Local regulations e. Now Your supplier. 2. Discharges to Ground or Pavement a. Determine the source of the Sodium Hydroxide leak. b. Stop the leak and contain the spilled product. C. If the personal safety of facility individuals is in danger, site supervision should evacuate the facility. d. Notify the local Fire Department. e. No&your supplier. 3. Treatment, Neutralization, Clean Up Procedures a. Spills of Sodium Hydroxide solution must never be rinsed or flushed to drains or sewers. Suitable absorbent materials such as sand, vermiculite or clay should be used to absorb the material. Contaminated absorbents and soils should be W4N Mill: CUSTOMERS SHOULD NOT RELY UPON THESE EXEMOM PROCEDURES,AS THEY ARE W MDED SOLELY FOR 7W CUSTOMERS USE AS A STARTING POMIT IN FORAAAATNG EACH CUSTWERS AUMLIAL,SITE-SFECM EMEIMMY PREPAREaNES$CHEMICAL CLEAMIP PROCEDURES CUSTaWM SH0ULD CQY5ULT WITH ANO RELY DAILY UPON THE ADVICE OF LICENSED LEGAL AAO ENVIRONMENTAL PROFESPONALS W FORMtA.ATING 7"WW WUAL,MSPECERC PROCEDURES.ALLIED IS NOT RESPONSGLE FOR ANY DAMAGES,W CLUDWWG.BUT NOT LW FED TO,WID14 TAL,CONSEOUENTAL AND SPECIAL DAMAGES.APJSWJG FROM THE CUSTOAIER'S FORMULATON ANDWNPIEMENTATM OFENERGHYCYPREPAREDNESSCHEMCAL CLEANUPPROCEDURES. Page 11 of 20 Allied Universal Corp. Customer Spill Contingency—812013 scraped up using shovels and placed in suitable hazardous material containers and disposed of in accordance with all applicable regulations. b. After removing absorbents from ground, neutralization of remaining residue may be accomplished using a weak acid solution such as 5% acetic acid (vinegar). Neutralization will occur rapidly and should be checked with pH paper. Caution should be used as some heat may be generated during this process. By-products of this neutralization are water and salt. C. After neutralization has been conducted, the remaining residue is generally considered safe for rinsing to local sewer systems connected to Waste Water Treatment Stations. Permission must be obtained through the local treatment fac!lity and local environmental agencies before rinsing of residue is started. WARNM.- CUSTOMERS SHOULD NOT RELY UPON THESE EXEMPLAR PROCEDURES,AS 7KY ARE INTENDED SOLELY FOR THE CUSTOMER'S USE AS A STARTWG POINT IN FORMUM.ATMG EACH CUSTOMER'S WDMDM SITE•SPECMIC EMFAG&1CY PREPAREDNES&CHENICAL CLEANUP PROCEDURES CUSTOMERS SHOULD CONSULT WTRM AND RELY ONLY UPON THE ADVICE OF LICENSED LEGAL AND EM?ROM ENTAL PROFESSIONALS M FORMULATING TWO MWIDUAL,SITE-SPECIFIC PROCEDURES,ALLIED LS NOT RESPONSIBLE FOR ANY DAMAGES,INCLUDING,BUT NOT WrTED TO,AMCMDENTAL,CONSEQUENTIAL AND SPECIAL DAMAGES,ARISING FROM THE CUSTONER'S FORMULATION AND PAX MEN TA VON OFEMERGENCYPIVAREDNESSCHWICALCLEANUP PRO CURES Page 12 of 20 Allied Universal Corp. Customer Spill Contingency—8/2013 111. PROCEDURES FOR ACID SPILLSIRELEASES MURIATIC ACID and POOL ACID 1. Spill or Leak in Bulk Storage Tank a. Containment drain valve (if available) must be closed. Valve should only be opened to drain rainwater from containment and closed afterward. Verify State and local regulations for discharging rainwater prior to discharging. pH levels must not exceed State and local requirements before discharging. b. Determine the source of the actual leak. C. If the storage tank system is not damaged, pump only good material back into the storage tank for re-use. d. Spilled or released Acid that cannot be recovered or reused must be neutralized and properly disposed of in accordance with applicable Federal, State and Local regulations. e. Notify your supplier. 2. Discharges to Ground or Pavement- Drums, Totes, Bottles, etc. a. Determine the source of the acid leak. b. Stop the leak and contain the spilled product. C. If the personal safety of facility individuals is in danger, site supervision should evacuate the facility. d. Notify the local Fire Department. e. Spilled or released Acid that cannot be recovered or reused must be neutralized and properly disposed of in accordance with applicable regulations. f. Notify your supplier. 3. Treatment, Neutralization, Clean Up Procedures a. Acid spills must never be rinsed or flushed to drains or sewers. Suitable absorbent materials such as sand, WAwNS: CUSTOWRS SHOULD NOT RELY UPON THESE SaVIM PROCEDURES.AS THEYARE INTENDED SOLELY FOR THE CUSTOAEF'S USE AS A STARTING POINT M FOR69WAIMG EACH CUSTOMER'S INDIVIDUAL SITE-SPECIFIC EhIERGENCYPRUMEONESSVISA&M CLEANUP PROCEDURES CUSTOMERS SHOULD CONSULT WRHAND RELY ONLY UPON THE ADVICE OF LICENSED LEGAL AND ENVROMMMAL PROFaSWWS M FORAUATMG THM INDIVIDUAL,SRESPECIFLC PROCEDURE&ALLE'D IS NOT RESPONSIBLE FOR ANY VAMAGES,MCLUDM BUT NOT LRUTED TO,INCIDENTAL,CONSEDUENTNL AND SPECIAL DAIWAGES.ARISMG FROM THE CUSTMER'S FORM UTION AND 11LPI.EMEMTATLON OF EMERGENCYPREPAREDNESSCH AbM CLEANUP PROCEDURES Page 13 of 20 Allied Universal Corp. Customer Spill Contingency—812013 vermiculite or clay should be used to absorb the material. Contaminated absorbents and soils should be scraped up using non-reactive shovels, placed in suitable hazardous material containers and disposed of in accordance with all Federal, State and Local regulations. b. After removing absorbents from ground, neutralization of remaining residue may be accomplished using a weak alkalinity increaser such as sodium bicarbonate or soda ash. C. Use approximately 4.5 pounds of soda ash or 6.5 pounds of sodium bicarbonate mixed in a bucket of clear clean water and apply to the residue area. Neutralization will occur rapidly and should be checked with pH paper. Caution should be used as some heat may be generated during this process. By-products of this neutralization are water and salt. d. After neutralization has been conducted, the remaining residue is generally considered safe for rinsing to local sewer systems connected to Waste Water Treatment Stations. Permission must be obtained through the local treatment facility and environmental agencies before rinsing of residue is started. WARNING: CUSTOMERS SHOULD NOT RELY UPON TWESE EXEMPLAR PROCEDURES.AS TWEY AREWTENDED SOLELY FOR Tiff CUSTOMERS USE AS A STARTING PONT IN FORMULATING EACH CUSTOMERS INDMDUAL.SITE•&OMFIC EMERGENCY PREPAREDNE&S VarAL CLEANUP PROCEDURES CUSTOMERS SHOULD CONSULT%M AND RELY ONLY UPON THE ADVICE OF UCMSED LEGAL AND ENVIRONMENTAL PROFESSIONALS IN FORMULATING T"ILDMAL SITE-SPECIFIC PROCEDURES.ALLIED IS NOT RESPONSIBLE FOR ANY DAMAGES INCLUDING.OUT NOT LIMITED TO,IVCIDOTAL CONSEOUENTIAL AND SPECIAL.DAMAGES.AINSILG FROM THE CUSTOMERS FORMULATION AND LIPLEMENTATION OF EMERGENCYPREPAREDAffSS'MMUCAL CLEANUP PROCEDURES. Page 14 of 20 Allied Universal Corp. Customer Spill Contingency—812013 IV. PROCEDURES FOR CHLORINE OR SULFUR DIOXIDE RELEASES The following functions comprise an emergency response concept of operations: • assessment, classification, and response to any emergency condition; • timely and effective mitigation of the emergency condition; • site security and control of emergency response activities; • emergency alerting of all personnel, including the activation of all necessary emergency response personnel, emergency evacuation routes and procedures; • notification and coordination of response activities with appropriate Federal, state and local emergency response agencies;and • rescue, recovery and decontamination procedures for an emergency condition. An Emergency Response Team or Teams should be established to ensure the capability exists, 24-hours a day, to manage and coordinate all emergency response functions necessary to protect Facility employees and the public. Facility operations and the associated hazard potentials vary throughout any 24 hour period; taking this into account, your emergency response team(s) should consist of those positions necessary to respond to conditions that may arise as a result of facility operations or emergencies. It must be noted at this time that in any release of either chlorine or sulfur dioxide, it is essential that the shipping container be positioned so that a gas release occurs. Both chlorine and sulfur dioxide are gases that have been refrigerated and compressed into a liquid state. Each of these materials has a very low boiling (vaporization) point, chlorine being -290 F. and sulfur dioxide being -140 F. The warmer the ambient temperature, the more rapidly the liquid will vaporize. Each will vaporize to over 400 times the liquid amount. Releases of both chlorine and sulfur dioxide are easily detectable with a strong solution of aqua ammonia. It is recommended that a strength of 26 B6 aqua ammonia be used. In the absence of this strength, regular strength house hold ammonia may be used. Leaks should be detected with the vapor of the aqua ammonia, as applying a liquid solution to the area of a leak may contribute to a more rapid failure of the equipment. As lower concentrations of both chlorine and sulfur dioxide are not visible,the use of a rag soaked in ammonia tied to the end of a stick may be helpful in determining where the vapor cloud is. WARMW CUSTOMERS SHOULD NOT RELY UPON THESE EXEMPLAR PROCEDURES AS THEY ARE NTENDED SOLELY FOR DIE CUSTOMER'S USE A$A STARTM POW N FORWUTATWO EACH CUSTOMERS S MA OWL,SITE WECIRC EMERGENCY P'REPAREONESSICHEWCAL CLEANUP PROCEDURES CUSTOMIERS SHOULD CONSULT M W AND RELY ONLY UPON THE ADVICE OF WENSW LEGAL AND EIWWONMENTAL PROFESSIONALS LLS N FORMULATING DMIR M101V UAL SRESoEGF/C PROCEDURES NIW/S NOT RESPONSIBLE FOR ANY DAIOIGES,NCLUOM BUT NOT LAM TR OWWAL.CONSEOUENDAL AND SPECIAL DAMAGE$ARWG FROM THE CUSTOMER'S FORMIAATION AND AfPURWATION OF EMERGENCY PREPAREDNESW EW-k CLEANUP PROCEDURES. Page 15 of 20 Allied Universal Corp. Customer Spill Contingency—8/2013 Cylinders -Chlorine Chlorine cylinders are United States Department Of Transportation (USDOT) approved shipping containers and come in two (2) common sizes. One hundred (100#) pound and one hundred-fifty pound (150#). Leaks may develop in the following areas: Y p g • Neck ring area • Cylinder Wall • Cylinder Bottom • Valve • Packing Gland • Valve Threading • Valve Fusible Plug Historically, leaks are due are most often due to human error, not equipment failure. Many valve leaks are minimal and are normally dealt with by tightening down on the packing gland nut or the valve. Leaks which are unstoppable by either tightening down on either the valve itself or the packing gland nut are easily mitigated by the installation of the Chlorine Institute Emergency Kit "A" or moving the cylinder into the Chlorine Institute approved recovery vessel, "Chlor-Safe" recovery vessel. Ton Containers -Chlorine One tan containers in chlorine service are USDOT Specification 106 and known as "mule-unit-tank-car-tanks". They are approximately 30 inches in diameter and 82 inches in length. Depending on the manufacturer, they may have either concave or convex heads. The ton container has two valve and three fusible plugs on valve end,while the other end has three fusible plugs and a plate containing information pertaining to that particular container. The valve end, the valves are situated at the center of the container and connected to eductor pipes. The eductor pipes are designed so that when the valves are aligned vertically, the top valve will dispense gas and the bottom valve will dispense liquid. Tan containers weigh approximately 1,300 - 1,650 pounds when empty and 3,300 -3,500 pounds when filled. Liquid content,when full(2000#), is about 170 gallons. WARN o. CUSTOMERS SHOULD NOT RELY UPON THESE ExEmAR PROCEDURES,AS THEY ARE WENDED SOLELY FOR THE CUSTOMER'S USE AS A STARTING PONT IN FORWAATiNG EACH CLWO IERS WOVIOJAL,SITE-SPECfftC EIAFRGFNCYPREPAREDNESSIC MOCAL CLEANUP PROCEDURE&CU5TMRS SHOULD CONSULT WITH AND RELY ONLY UPON THE ADVICE OF LICENSED LEGAL.AND ENWRONAMNTAL PROFESSIONALS W FORM1k.ATWG THEIR WDMOUAL SITE-SPECIFIC PROCEDURES.ALUED IS NOT RESPONSIUL.E FOR ANY DAMAGES.WCLUDWG,BUT NOT LACED TO,INCt0WAL CONMWNTW.AND SPECIAL.DAMAGES,AROM FROM THE CUSTOIVER'S FORMULATION AND fM WATION OF SqERGENCYPREPAREDNEUCHSMICALCL.EANUPFHOCEDURES. Page 16 of 20 Allied Universal Corp. Customer Spill Contingency—812013 Leaks may develop in the following areas: • Valve threads at container body • Valve packing • Fusible plug threads at container body • Fusible plug metal • Holes in container wall Each of the above leaks can be mitigated by the installation of the Chlorine Institute Emergency Kit'B". WA M CUSTOMM SHOULD NOT RELY UPON THESE EXEMPLAR PROCEDURES AS THEY ARE INTENDED SOLELY FOR THE CUSTOMSM USE AS A STARTING POINT LN FORMULATING EACH CUSTOWR•S PADIVIDUAL,SINE-SPECIFIC SIERGENCY PFBVF WWSSCNEM#CN.CLEANUP PROCEDURES CUSTOMERS SHOULD CONSULT WAN AND RELY Old UPON THE ADVICE OF LICENSED LEGAL.AIAT ENYEMWAW/LL PROPESS&MLS IN FORMULATING TWO MNIDUAL.MSSFECIFIC PROCEDURES.ALLIED IS NOT RESPONSIBLE FOR ANY DAMAGES,N CLUDIIG,BUT NOT LUTED TO,#rADWAL.CONSE(UENTIAL AND SPECIAL DAMAGES,ARIS,NG FROM THE CUSTOW1 FORMULATION AND N#MeYTAWN OFF.MERGENCYPREPAREDNESVCROOC L.CLEW PPROCEDURES. Page 17 of 20 Allied Universal Corp. Customer Spill Contingency—8/2013 Cylinders -Sulfur Dioxide Sulfur Dioxide cylinders are United States Department Of Transportation (USDOT) approved shipping containers and come in two (2) common sizes. One hundred (100#)pound and one hundred-fifty pound (150#). Leaks may develop in the following areas: • Neck ring area • Cylinder Wall • Cylinder Bottom • Valve • Packing Gland • Valve Threading • Valve Fusible Plug Historically, leaks are due are most often due to human error, not equipment failure. Many valve leaks are minimal and are normally dealt with by tightening down on the packing gland nut or the valve. Leaks which are unstoppable by either tightening down on either the valve itself or the packing gland nut are easily mitigated by the installation of the Chlorine Institute Emergency Kit "A" or moving the cylinder into the Chlorine Institute approved recovery vessel, "Chlor-Safe" recovery vessel. NOTE. For sulfur dioxide service, the vitono gasket/O-ring that would normally be used in chlorine service must be changed and an EPDM gasket(O-ring used. The EPDM gasket/O-ring is readily identifiable as it is gray and marked with lettering indicating EPDM SULFUR DIOXIDE service only. Ton Container-Sulfur Dioxide Sulfur Dioxide one ton containers are also USDOT Specification 106. They are identical to the containers used to ship chlorine. The same leaks that occur in chlorine containers may occur in sulfur dioxide containers and are handled in the exact same manner. NOTE.• For sulfur dioxide service, the` vitono gasket that would normally be used in chlorine service must be changed and an EPDM gasket used. The EPDM gasket is readily identifiable as it is gray and marked with lettering indicating EPDM SULFUR DIOXIDE service only. WAMM: CUSTDMERS SHOW NOT RELY UFON MESE EWEMPLAR PROCEDURES AS THEY ARE STMOSD SOLELY FOR THE CUSTOMS USE A$A STARTING POINT W FORWAATBJG EACH CUSTOMERS AJDIYATUAL.SITE-VMF C EMSK- HCY PREPAR®NESSJCNFMICAL CLEW PROCEDURES, CUSTOMM SHOULD OCWSULT WITH AND RELY ONLY UPON THE ADWOE OF L CENSED LEGAL AND EMM{ONMENTAL fROFESPOMLS TN FORMULATING THEJR NI MDUAL,SI)E.SPECLFIC PROCEDURES.ALLIED IS NOT RESPO�FOR ANY DAMAGES,MCLUO NG BUT NOT l ALREO TO,AJGL WAL,CONSEOUffiRk AND SPE DAMMES,ARISING FROM THE CUSTOMER'S FORM UTION AN000LEMENTATIONOFEMERGENCYPREPAREDNESSOFMAL CLEANUP PROGEOUREB. Page 19 of 20 Allied Universal Corp. Customer Spill Contingency—812013 V. PROCEDURES FOR SODIUM BISULFITE SOLUTION 9. Spill or Leak in Bulk Storage Tank f. Containment drain valve (if available) must be closed. Valve should only be opened to drain rainwater from containment and closed afterward. Verify State and local regulations for discharging rainwater prior to discharging, pH must not exceed State and local requirements before discharging. g. Determine the source of the actual leak. h. If the storage tank system is not damaged, pump only good Sodium Bisuflite back into the storage tank for re-use. i. Spilled or released Sodium Bisuflite that cannot be recovered or reused must be neutralized and properly disposed of in accordance with applicable Federal, State and Local regulations. j. Notify your supplier. 2. Discharges to Ground or Pavement g. Determine the source of the Sodium Bisuflite leak. h. Stop the leak and contain the spilled product. i. If the personal safety of facility individuals is in danger, site supervision should evacuate the facility. j. Notify the local Fire Department. k. Spilled/released Sodium Bisulfite that cannot be recovered/reused must be neutralized and properly disposed of in accordance with applicable regulations. L Notify your supplier. 3. Treatment, Neutralization, Clean Up Procedures d. Spills of Sodium Bisulfite solution should never be rinsed or flushed to drains or sewers. Suitable absorbent materials WARM . CUSTOMERS&mo NOT RELY UPON THESE EXEMMr1R PROCEDURES,AS THEY ARE INTENDED SOLELY FOR TIE CUSTOMERS USE AS A STARTIMi POMTW FORWEATINO EACH CUSTOWRS WOMDUAL,SITE 4MCM EMERGENCY PREPARMMSWH1% .AL CLEANUP PROCEDURES. CUSTOMERS&MO CONSULT WHTH AND RELY ONLY UPON THE ADVICE OF GCHY.SED LEGAL AND ENYRONMENTAL PROFESS094LS W FORM"TWO TIER MMOUAL.SIM-SPECOC PROCEDURES.ALLEO IS NOT RESPONSELE FOR ANY DAMAGES MCLUDMG,BUT NOT EAM TO,AWMAL CONSEOUENrbtL AND SPECML MAWES AM WG FROM THE CUSTOMERS FORMATION AND VAPL NTA77ONOFEMERGENCYFWAREDNESSAHEANCALCLEANLFF tOCEMMES- Page 19 of 20 Allied Universal Corp. Customer Spill Contingency—8/2013 such as sand, vermiculite or clay should be used to absorb the material. Contaminated absorbents and soils should be scraped up using shovels and placed in suitable hazardous material containers and disposed of in accordance with all Federal, State and Local regulations. e. Neutralization of Sodium Bisuflite may be accomplished using Sodium Ash, Lime or Limestone. Ratio is approximately one (1) pound for each gallon of spilled material. Material should be dissolved in a bucket of clean, clear water and applied to the residue area. Caution should be used as some heat may be generated during this process. By-products of this neutralization are water, salts and liberation of oxygen to the atmosphere. f. After neutralization has been conducted, the remaining residue is generally considered safe for rinsing to local sewer systems connected to Waste Water Treatment Stations. Permission must be obtained through the local treatment facility and local environmental agencies before any rinsing of residue 1s started. WARNING: CUSTOMERS SHOULD NOT RELY UPON THESE MMMAR PROCEDURES,AS DIEYY ARE AREIM SOLELY"OR THE CUSTOMER'S USE AS A STARTING POMT IN FORMUU TNG EACH CUSTOMERS ADVOUAL,SRE SPECIRC EMERGENCY PREPAREDNESSCHE#RCAL CLEANUP PROCEDURES. CUSTOMERS SHOULD CONSULT MW AND RELY ONLY UPON THE AD WE OF LICENSED LEGAL AND&MONUENTAL PROFESSIONALS IN FORMULATING TtlE14 INDMDW.SRE-SPE CFI C PROCEDURES ALLIED IS NOT RESPONS✓SLE FOR ANY DAMAGES,INCLUDING,BUT NOT LASTED TO,0WOVENTAL,CONSEOUEVRAI AND SPECDU.DAMAGES.ARISING FROM THE CUSTOMER'S FORMULATION ANDAfPLF.MElVTATCVDFEMERCMYPREPAREDAESSCNEAICALIXFANUPPROC ES. Page 20 of 20 Allied Universal Corp. Customer Spill Contingency—812013 Listing Category Search Page I NSF International Page 1 of 3 The Public Health and Safety Organization NSF Product and Service Listings These NSF Official Listings are current as of Friday,March 16,2018 at 12:15 a.m.Eastern Time.Please contact NSF International to confirm the status of any Listing,report errors,or make suggestions. Alert: NSF is concerned about fraudulent downloading and manipulation of website text.Always confirm this information by clicking on the below link for the most accurate information: http:/Iinfo.nsf.org/Certified/`PwsChemicals/Listings.asp? CompanyName=Allied+Universal+CoMoration&ChemicalName=Sodium+Hydroxide& NSF/ANSI 60 Drinking Water Treatment Chemicals - Health Effects Allied Universal Corporation 3901 Northwest ii5th Avenue Miami,FL 33178 United States 800-981-67oo 3o5-888-2623 Visit this company's website (http://www.allieduniversal.com) Facility: Fort Pierce,FL Sodium Hydroxide Trade Designation Product Function Max Use Caustic Soda Corrosion&Scale Control too mg/L Caustic Soda 25% Corrosion&Scale Control 20omg/L Caustic Soda 50% Corrosion&Scale Control loomg/L Rayon Grade Caustic Soda 50% Corrosion&Scale Control loomg/L Sodium Hydroxide Corrosion&Scale Control loo mg/L Sodium Hydroxide 25% Corrosion&Scale Control 20omg/L Sodium Hydroxide 50% Corrosion&Scale Control loomg/L http://info.nsf.org/Certified/PwsChemicals/Listings.asp?CompanyName=Allied+Universal... 3/16/2018 Listing Category Search Page I NSF International Page 2 of 3 NOTE: Only products bearing the NSF Mark on the product, product packaging, and/or documentation shipped with the product are Certified. Facility: Miami,FL Sodium Hydroxide Trade Designation Product Function Max Use Sodium Hydroxide 50% Corrosion&Scale Control ioomg/L Caustic Soda 50% Corrosion&Scale Control ioomg/L Caustic Soda Corrosion&Scale Control ioomg/L Rayon Grade Caustic Soda 50% Corrosion&Scale Control ioomg/L Sodium Hydroxide Corrosion&Scale Control loomg/L NOTE: Only products bearing the NSF Mark on the product, product packaging, and/or documentation shipped with the product are Certified. Facility: Tampa, FL Sodium Hydroxide Trade Designation Product Function Max Use Sodium Hydroxide 50% Corrosion&Scale Control ioomg/L Caustic Soda 50% Corrosion&Scale Control ioomg/L Caustic Soda Corrosion&Scale Control ioo mg/L Caustic Soda 25% Corrosion&Scale Control 2oomg/L Rayon Grade Caustic Soda 5o% Corrosion&Scale Control ioomg/L Sodium Hydroxide Corrosion&Scale Control ioo mg/L Sodium Hydroxide 25% Corrosion&Scale Control 2oomg/L NOTE: Only products bearing the NSF Mark on the product, product packaging, and/or documentation shipped with the product are Certified. Facility: Brunswick,GA Sodium Hydroxide Trade Designation Product Function Max Use Caustic Soda Corrosion&Scale Control loo mg/L Caustic Soda 25% Corrosion&Scale Control 2oomg/L Caustic Soda 50% Corrosion&Scale Control ioomg/L http://info.nsf.org/Certified/PwsChemicals/Listings.asp?CompanyName=Allied+Universal... 3/16/2018 Listing Category Search Page ( NSF International Page 3 of 3 Rayon Grade Caustic Soda 50% Corrosion&Scale Control loomg/L Sodium Hydroxide Corrosion&Scale Control ioo mg/L Sodium Hydroxide 25% Corrosion&Scale Control 200mg/L Sodium Hydroxide 5o% Corrosion&Scale Control ioomg/L NOTE: Only products bearing the NSF Mark on the product, product packaging, and/or documentation shipped with the product are Certified. Facility: Ranger,GA Sodium Hydroxide Trade Designation Product Function Max Use Caustic Soda Corrosion&Scale Control ioo mg/L Caustic Soda 25% Corrosion&Scale Control 2oomg/L Caustic Soda 50% Corrosion&Scale Control ioomg/L Sodium Hydroxide Corrosion&Scale Control ioo mg/L Sodium Hydroxide 25% Corrosion&Scale Control 200mg/L Sodium Hydroxide 50% Corrosion&Scale Control ioomg/L NOTE: Only products bearing the NSF Mark on the product, product packaging, and/or documentation shipped with the product are Certified. Facility: Ellisville,MS Sodium Hydroxide Trade Designation Product Function Max Use Caustic Soda Disinfection&Oxidation ioo mg/L Sodium Hydroxide Disinfection&Oxidation ioo mg/L NOTE: Only products bearing the NSF Mark on the product, product packaging, and/or documentation shipped with the product are Certified. Number of matching Manufacturers is 1 Number of matching Products is 34 Processing time was i seconds http://info.nsf.org/Certified/PwsChemicals/Listings.asp?CompanyName=Allied+Universal... 3/16/2018 p SAFETY DATA SHEET AAWEWDUNIARSA�CORPMON E Wbff.hed/954 1. identification Product identifier Sodium Hydroxide Solution 25-50% Other means of identification SDS number AUC-003 Synonyms Sodium hydroxide'Soda lye solution'Caustic soda solution Caustic soda"Lye'Liquid caustic Recommended use Water Treatment;pH Neutralizer;Pulping and Bleach;Manufacture of Detergents and Soaps Recommended restrictions None known. Manufacturer/Importer/Supplier/Distributor information Manufacturer Company name Allied Universal Corporation Address 3901 N.W. 115th Avenue Miami,FL 33178 United States Telephone General: 1-305-888-2623 24-Hour alert: 1-786-522-0207 Website www.allieduniversal.com E-mail Not available. Contact person Operations Department Emergency phone number CHEMTREC 1-800-424-9300(US/Canada) +01 703-527-3887(International) Supplier Refer to Manufacturer 2. Hazard(s) identification Physical hazards Corrosive to metals Category 1 Health hazards Skin corrosion/irritation Category 1 Serious eye damage/eye irritation Category 1 Specific target organ toxicity,single exposure Category 3 respiratory tract irritation Environmental hazards This mixture does not meet the classification criteria according to OSHA HazCom 2012. OSHA defined hazards This mixture does not meet the classification criteria according to OSHA HazCom 2012. Label elements 041> Signal word Danger Hazard statement May be corrosive to metals.Causes severe skin burns and eye damage.May cause respiratory irritation. Precautionary statement Prevention Keep only in original container. Do not breathe mist.Wash thoroughly after handling.Use only outdoors or in a well-ventilated area.Wear protective gloves/clothing and eye/face protection. Response Specific treatment(see this label).IF SWALLOWED:Rinse mouth. Do NOT induce vomiting.If on skin(or hair):Take off immediately all contaminated clothing. Rinse skin with water/shower.Wash contaminated clothing before reuse. If inhaled:Remove person to fresh air and keep comfortable for breathing. IF IN EYES:Rinse cautiously with water for several minutes. Remove contact lenses, if present and easy to do.Continue rinsing.Immediately call a POISON CENTER or doctor/physician.Absorb spillage to prevent material damage. Storage Store in a well-ventilated place.Keep container tightly closed.Store in corrosive resistant container with a resistant inner liner. Disposal Dispose of contents/container in accordance with local/regional/national/international regulations. Material name:Sodium Hydroxide Solution 25-50% sos us AUC-003 Version#:01 Issue date:12-19-2014 1 /10 Hazard(s)not otherwise No OSHA defined hazard classes. classified(HNOC) Other hazards which do not result in classification:Contact with most metals will generate flammable hydrogen gas.Contact with water will generate considerable heat. Reacts vigorously, violently or explosively with many organic and inorganic chemicals,such as strong acids,acid chlorides,acid anhydrides,ketones,glycols and organic peroxides.Chronic skin contact with low concentrations may cause dermatitis. Supplemental information Not applicable. 3. Composition/information on ingredients Mixtures Chemical name Common name and synonyms CAS number % Sodium hydroxide Caustic soda 1310-73-2 25-50 Lye Soda lye 'Designates that a specific chemical identity and/or percentage of composition has been withheld as a trade secret. 4. First-aid measures Inhalation Move to fresh air. If breathing is difficult,trained personnel should give oxygen. If breathing stops, provide artificial respiration. Induce artificial respiration with the aid of a pocket mask equipped with a one-way valve or other proper respiratory medical device.Call a physician or poison control center immediately. Skin contact Take off immediately all contaminated clothing. Immediately flush skin with running water for at least 20 minutes.Cover wound with sterile dressing.Do not rub area of contact.Wash contaminated clothing before reuse.Leather and shoes that have been contaminated with the solution may need to be destroyed.Call a physician or poison control center immediately. Eye contact Immediately flush eyes with plenty of water for at least 20 minutes.Remove contact lenses,if present and easy to do.Continue rinsing.Take care not to rinse contaminated water into the unaffected eye or onto the face.Call a physician or poison control center immediately. Ingestion If swallowed:Rinse mouth.Do NOT induce vomiting.Never give anything by mouth to a victim who is unconscious or is having convulsions.Call a physician or poison control center immediately. Most important Inhalation of mists can cause severe respiratory irritation.Symptoms may include coughing, symptoms/effects,acute and choking and wheezing.Inhalation could result in pulmonary edema(fluid accumulation). delayed Symptoms of pulmonary edema(chest pain,shortness of breath)may be delayed.Direct skin contact may cause corrosive skin burns,deep ulcerations and possibly permanent scarring, Corrosive to the eyes and may cause severe damage including blindness.Symptoms may include stinging,tearing,redness,swelling,and blurred vision.May cause severe irritation and corrosive damage in the mouth,throat and stomach.Symptoms may include abdominal pain,vomiting, burns,perforations,bleeding and eventually death. Indication of immediate Immediate medical attention is required.Causes chemical bums.Symptoms may be delayed. medical attention and special treatment needed General information Ensure that medical personnel are aware of the material(s)involved,and take precautions to protect themselves. 5. Fire-fighting measures Suitable extinguishing media Use fire-extinguishing media appropriate for surrounding materials.Water fog.Foam. Dry chemical powder.Carbon dioxide(CO2). Unsuitable extinguishing Do not use a solid water stream as it may scatter and spread fire.Some chemical extinguishing media agents may react with this material.Do not use halogenated extinguishing agents. Specific hazards arising from Not considered flammable.Contact with most metals will generate flammable hydrogen gas. the chemical Contact with water will generate considerable heat.The heat that is generated may be sufficient enough to ignite nearby combustible materials. Reacts vigorously,violently or explosively with many organic and inorganic chemicals,such as strong acids,acid chlorides,acid anhydrides, ketones,glycols and organic peroxides.Toxic fumes,gases or vapors may evolve on burning. Special protective equipment Firefighters should wear proper protective equipment and self-contained breathing apparatus with and precautions for firefighters full face piece operated in positive pressure mode.A full-body chemical resistant suit should be worn. Fire fighting Fight fire with normal precautions from a reasonable distance.Evacuate the area promptly.Move equipment/instructions containers from fire area if you can do so without risk.Use water spray to cool unopened containers. Do not allow run-off from fire fighting to enter drains or water courses.Dike for water control. Specific methods Use standard firefighting procedures and consider the hazards of other involved materials. Material name:Sodium Hydroxide Solution 25-50% sos us AUC-003 Version#:01 Issue date:12-19-2014 2/10 Hazardous combustion Sodium oxides. products 6. Accidental release measures Personal precautions, Immediately evacuate personnel to safe areas. Keep unnecessary personnel away.Keep people protective equipment and away from and upwind of spill/leak.Wear appropriate protective equipment and clothing during emergency procedures clean-up. Do not touch damaged containers or spilled material unless wearing appropriate protective clothing.Ventilate closed spaces before entering them.For personal protection,see section 8 of the SDS. Methods and materials for Ventilate the area.Remove sources of ignition.Stop leak if you can do so without risk.Absorb containment and cleaning up spillage to prevent material damage.Use a non-combustible material like vermiculite,sand or earth to soak up the product and place into a container for later disposal.Water spray may reduce vapor;but may not prevent ignition in closed spaces. Small Spills:Contain and absorb spilled liquid with non-combustible,inert absorbent material(e.g. sand).Dilute alkali with water and neutralize with acids(e.g.acetic acid/vinegar). Large Spills:Prevent entry into waterways,sewer,basements or confined areas. If not recoverable,dilute with water or flush to holding area and neutralize. Remove with vacuum trucks or pump to storage/salvage vessels.Contact the proper local authorities. Never return spills to original containers for re-use.Contaminated absorbent material may pose the same hazards as the spilled product.For waste disposal,see section 13 of the SOS. Environmental precautions Avoid discharge into drains,water courses or onto the ground.Contact local authorities in case of spillage to drain/aquatic environment. 7. Handling and storage Precautions for safe handling Use only outdoors or in a well-ventilated area.Wear chemically resistant protective equipment during handling.Wear protective gloves/clothing and eye/face protection.Do not breathe mist.Do not taste or swallow.Avoid contact with eyes,skin and clothing. Keep away from heat. Keep away from metals and other incompatibles.When preparing or diluting solution,always add to water, slowly and with stirring.Use cold water to prevent excessive heat generation.When diluting, always add the product to water.Never add water to the product.Label containers appropriately. Wash thoroughly after handling.When using,do not eat,drink or smoke.Avoid release to the environment. Conditions for safe storage, Store in a cool,dry place out of direct sunlight.Store in a well-ventilated place.Store locked up. Including any incompatibilities Storage area should be clearly identified,clear of obstruction and accessible only to trained and authorized personnel.Inspect periodically for damage or leaks.Store away from incompatible materials(see Section 10 of the SOS).Store in original tightly closed container.May be corrosive to Aluminum,stainless steels,carbon steel,copper,bronze,etc.Store in corrosive resistant/ container with a resistant inner liner. Compatible storage materials may include,but are not limited to the following:nickel and nickel alloys,steel,plastics,plastic or rubber-lined steel,FRP,or Derakane vinyl ester resin. Do not allow material to freeze. 8. Exposure controls/personal protection Occupational exposure limits US.OSHA Table Z-1 Limits for Air Contaminants(29 CFR 1910.1000) Components Type Value Sodium hydroxide(CAS PEL 2 mg/m3 1310-73-2) US.ACGIH Threshold Limit Values Components Type Value Sodium hydroxide(CAS Ceiling 2 mg/m3 1310-73-2) US.NIOSH:Pocket Guide to Chemical Hazards Components Type Value Sodium hydroxide(CAS Ceiling 2 mg/m3 1310-73-2) Biological limit values No biological exposure limits noted for the ingredient(s). Material name:Sodium Hydroxide Solution 25-50% SOS us AUC-003 Version#:01 Issue date:12-19-2014 3/10 Appropriate engineering Good general ventilation(typically 10 air changes per hour)should be used.Ventilation rates controls should be matched to conditions. If applicable,use process enclosures,local exhaust ventilation, or other engineering controls to maintain airborne levels below recommended exposure limits. If exposure limits have not been established,maintain airborne levels to an acceptable level. Individual protection measures,such as personal protective equipment Eye/face protection Wear eye/face protection.Chemical goggles and face shield are recommended. Skin protection Hand protection Wear appropriate chemical resistant gloves.Advice should be sought from glove suppliers. Other Where contact is likely,wear chemical-resistant gloves,a chemical suit,rubber boots,and chemical safety goggles plus a face shield. Eye wash facilities and emergency shower must be available when handling this product. Respiratory protection In case of insufficient ventilation,wear suitable respiratory equipment.A NIOSH/MSHA approved air-purifying respirator with the appropriate chemical cartridges or a positive-pressure,air-supplied respirator may be used to reduce exposure.Use a positive-pressure air-supplied respirator if there is any potential for an uncontrolled release,exposure levels are not known,or any other circumstances where air-purifying respirators may not provide adequate protection. Respirators should be selected based on the form and concentration of contaminants in air,and in accordance with OSHA(29 CFR 1910.134).Advice should be sought from respiratory protection specialists. Thermal hazards Wear appropriate thermal protective clothing,when necessary. General hygiene Do not breathe mist.Avoid contact with eyes,skin and clothing.When using,do not eat,drink or considerations smoke. Upon completion of work,wash hands before eating,drinking,smoking or use of toilet facilities. Remove soiled clothing and wash it thoroughly before reuse.Handle in accordance with good industrial hygiene and safety practice. 9. Physical and chemical properties Appearance Clear to slightly turbid,viscous liquid. Physical state Liquid. Form Viscous liquid. Color Clear water-white Odor Odorless. Odor threshold Not available. pH >14(at high alkali concentration in water,pH scale is not applicable) Melting point/freezing point -13°F(-25°C)(25%concentration) Initial boiling point and boiling 284°F(140°C)(50%concentration) range 240.8 T(116°C)(25%concentration) Flash point Not Applicable Evaporation rate Not applicable(the only evaporation that occurs is water) Flammability(solid,gas) Not available. Upper/lower flammability or explosive limits Flammability limit-lower Not Applicable (0/6) Flammability limit-upper Not Applicable (IN Explosive limit-lower(%) Not Applicable Explosive limit-upper(°/6) Not Applicable Vapor pressure 0.2 kPa 1.5 mm Hg 95 mm Hg @ 60OF Vapor pressure temp. 77°F(25°C) Vapor density Not available. Relative density 1.52 g/cm3(50%concentration) Relative density temperature 68°F(20°C) Solubility(ies) Solubility(water) Soluble in all proportions. Material name:Sodium Hydroxide Solution 25-50% sosus AUC-003 Version#:01 Issue date:12-19-2014 4/10 Solubility(other) Soluble in absolute alcohol,methanol and glycerol.Moderately soluble in ethanol. Insoluble in acetone and diethyl ether. Partition coefficient Not available. (n-octanol/water) Auto-ignition temperature Not Applicable Decomposition temperature Not available. Viscosity 25.39 cSt(40%solution) Viscosity temperature 68°F(20°C) Other information Specific gravity 1.29(25%concentration) 1.52(50%concentration) 10. Stability and reactivity Reactivity Contact with most metals will generate flammable hydrogen gas.Contact with water will generate considerable heat.May be corrosive to Aluminum,stainless steels,carbon steel,copper,bronze, etc. Chemical stability Material is stable under normal conditions. Rapidly absorbs moisture and carbon dioxide from the air forming sodium carbonate.Water,when added to sodium hydroxide may cause localized overheating and possible spattering. Possibility of hazardous Reacts vigorously,violently or explosively with many organic and inorganic chemicals,such as reactions strong acids,acid chlorides,acid anhydrides,ketones,glycols and organic peroxides.Attacks plastics,such as polyamide-imide(Todon)(10-100%solutions),polybutylene terephthalate and polyethylene terephthalate(20-100%),thermoset polyester isophthalic acid(10-100%), polyvinylidene fluoride(Kynar; PVDF)(70-100%solutions),polyurethane(riged) (80-100%),and polyvinylidene chloride(Saran)(100%);elastomers,such as polysulfide and butadiene-styrene (SBR)(10-100%)and soft rubber(30-100%)(52,55);and coatings,such as polyester and vinyls (10-100%),coal tar epoxy,general purpose epoxy,epoxy polyamide and phenolic(7-100%). Conditions to avoid Contact with incompatible materials.Avoid high temperatures.Do not use in areas without adequate ventilation. Incompatible materials Metals.Acids.Sodium borohydride.Tetrahydrofuran.Chlorinated compounds. Maleic anhydride. Cyanogen azide.Nitroalkanes.Silver nitrate.Ammonia.Acetaldehyde.Acrolein.Acrylonitrile.Allyl alcohol.Phosphorus.Hydroquinone.Sugars.Methanol.Zinc.Aluminum.Tin. Hazardous decomposition None known. products In the event of fire the following can be released:Sodium oxides. 11. Toxicological information Information on likely routes of exposure Inhalation May cause severe irritation to the nose,throat,and respiratory tract. Skin contact Causes severe skin burns.Not expected to be absorbed through the skin. Eye contact Causes serious eye damage. Ingestion Causes digestive tract burns. Most important Inhalation of mists can cause severe respiratory irritation.Symptoms may include coughing, symptoms/effects,acute and choking and wheezing.Inhalation could result in pulmonary edema(fluid accumulation). delayed Symptoms of pulmonary edema(chest pain,shortness of breath)may be delayed.Direct skin contact may cause corrosive skin burns,deep ulcerations and possibly permanent scarring. Corrosive to the eyes and may cause severe damage including blindness.Symptoms may include stinging,tearing,redness,swelling,and blurred vision.May cause severe irritation and corrosive damage in the mouth,throat and stomach.Symptoms may include abdominal pain,vomiting, burns,perforations,bleeding and eventually death. Information on toxicological effects Acute toxicity There is no available data for the product itself,only for the ingredients.See below for individual ingredient acute toxicity data. Components Species Test Results Sodium hydroxide(CAS 1310-73-2) Acute Dermal LD50 Rabbit No Data in Literature Material name:Sodium Hydroxide Solution 25-50% sos us AUC-003 Version#:01 Issue date:12-19-2014 5 110 Components Species Test Results Inhalation LC50 Rat No Data in Literature Oral LD50 Rat No Data in Literature *Estimates for product may be based on additional component data not shown. Skin corrosion/irritation Hazardous by OSHA criteria. Skin corrosion/irritiation-Category 1.Causes severe skin burns. Serious eye damage/eye .Hazardous by OSHA criteria.Serious eye damage/eye irritation-Category 1 Causes serious eye irritation damage. Respiratory or skin sensitization Respiratory sensitization Not expected to be a respiratory sensitizer. Skin sensitizer Causes skin burns. Germ cell mutagenicity Not expected to be mutagenic. Carcinogenicity This product is not considered to be a carcinogen by[ARC,ACGIH,NTP,or OSHA. OSHA Specifically Regulated Substances(29 CFR 1910.1001-1050) Not listed. Reproductive toxicity This product is not expected to cause reproductive or developmental effects. Specific target organ toxicity- Hazardous by OSHA criteria. single exposure Specific Target Organ Toxicity(STOT),Single Exposure.Category 3.May cause respiratory irritation. Specific target organ toxicity- Not classified as a specific target organ toxicity-repeated exposure. repeated exposure Aspiration toxicity Not expected to be an aspiration hazard. Chronic effects Chronic skin contact with low concentrations may cause dermatitis. 12. Ecological information Ecotoxicity Because of the high pH of this product,it would be expected to produce significant ecotoxicity upon exposure to aquatic organisms and aquatic systems.However,may be neutralized by naturally occurring acidity in the environment.The ingredient ecotoxicity data appearing below is expected to be primarily associated with pH. Components Species Test Results Sodium hydroxide(CAS 1310-73-2) Aquatic Acute Crustacea EC50 Water flea(Ceriodaphnia dubia) 40 mg/I,48 hours Fish LC50 Western mosquitofish(Gambusia affinis) 125 mg/I,96 hours Persistence and degradability No data is available on the degradability of this product.Biodegradation is not applicable to inorganic substances. Bioaccumulative potential No accumulation in living organisms is expected due to high solubility and dissociation properties. Mobility in soil High water solubility indicates a high mobility in soil. Other adverse effects No other adverse environmental effects(e.g.ozone depletion,photochemical ozone creation potential,endocrine disruption,global warming potential)are expected from this component. 13. Disposal considerations Disposal instructions Collect and reclaim or dispose in sealed containers at licensed waste disposal site.This material and its container must be disposed of as hazardous waste.Do not allow this material to drain into sewers/water supplies.Do not contaminate ponds,waterways or ditches with chemical or used container. Dispose of contents/container in accordance with local/regional/nationalAnternational regulations. Local disposal regulations Dispose in accordance with all applicable regulations. Hazardous waste code The waste code should be assigned in discussion between the user,the producer and the waste disposal company. Material name:Sodium Hydroxide Solution 25-501/6 sos us AUC-003 Version#:01 Issue date:12-19-2014 6/10 Waste from residues/unused Dispose of in accordance with local regulations. Empty containers or liners may retain some products product residues.This material and its container must be disposed of in a safe manner(see: Disposal instructions). Contaminated packaging Empty containers should be taken to an approved waste handling site for recycling or disposal. Since emptied containers may retain product residue,follow label warnings even after container is emptied. 14.Transport information DOT UN number UN1824 UN proper shipping name SODIUM HYDROXIDE SOLUTION Transport hazard class(es) Class 8 Subsidiary risk - Label(s) 8 Packing group II Special precautions for user Read safety instructions,SDS and emergency procedures before handling. US CERCLA Reportable Quantity(RQ):1000 Ibs 1454 kg Special provisions B2, IB2,N34,T7,TP2 Packaging exceptions 154 Packaging non bulk 202 Packaging bulk 242 IATA UN number UN1824 UN proper shipping name SODIUM HYDROXIDE SOLUTION Transport hazard class(es) Class 8 Subsidiary risk - Packing group II Environmental hazards No. ERG Code 8L Special precautions for user Read safety instructions,SDS and emergency procedures,before handling. Other information Passenger and cargo Allowed. aircraft Cargo aircraft only Allowed. IMDG UN number UN1824 UN proper shipping name SODIUM HYDROXIDE SOLUTION Transport hazard class(es) Class 8 Subsidiary risk - Packing group Il Environmental hazards Marine pollutant No. EmS F-A,S-B Special precautions for user Read safety instructions,SDS and emergency procedures before handling. Transport in bulk according to This substance/mixture is not intended to be transported in bulk. Annex II of MARPOL 73/78 and the IBC Code DOT Material name:Sodium Hydroxide Solution 25-50% SDS US AUC-003 Version#:01 Issue date:12-19-2014 7/10 IATA;IMDG `r 15. Regulatory information US federal regulations This product is a"Hazardous Chemical"as defined by the OSHA Hazard Communication Standard,29 CFR 1910.1200. All components are on the U.S.EPA TSCA Inventory List. TSCA Section 12(b)Export Notification(40 CFR 707,Subpt.D) Not regulated. CERCLA Hazardous Substance List(40 CFR 302.4) Sodium hydroxide(CAS 1310-73-2) Listed. SARA 304 Emergency release notification Not regulated. OSHA Specifically Regulated Substances(29 CFR 1910.1001-1050) Not listed. Superfund Amendments and Reauthorization Act of 1986(SARA) Hazard categories Immediate Hazard-Yes Delayed Hazard-No Fire Hazard-No Pressure Hazard-No Reactivity Hazard-No SARA 302 Extremely hazardous substance Not listed. SARA 311/312 Hazardous No chemical SARA 313(TRI reporting) Not regulated. Other federal regulations Clean Air Act(CAA)Section 112 Hazardous Air Pollutants(HAPs)List Not regulated. Clean Air Act(CAA)Section 112(r)Accidental Release Prevention(40 CFR 68.130) Not regulated. Safe Drinking Water Act Not regulated. (SDWA) US state regulations US.California Controlled Substances.CA Department of Justice(California Health and Safety Code Section 11100) Not listed. US.Massachusetts RTK-Substance List Sodium hydroxide(CAS 1310-73-2) US.New Jersey Worker and Community Right-to-Know Act Sodium hydroxide(CAS 1310-73-2) US,Pennsylvania Worker and Community Right-to-Know Law Sodium hydroxide(CAS 1310-73-2) US.Rhode Island RTK Sodium hydroxide(CAS 1310-73-2) US.California Proposition 65 California Safe Drinking Water and Toxic Enforcement Act of 1986(Proposition 65):This material is not known to contain any chemicals currently listed as carcinogens or reproductive toxins. Material name:Sodium Hydroxide Solution 25-50% sos US AUC-003 Version#:01 Issue date:12-19-2014 8/10 International Inventories Country(s)or region Inventory name On Inventory(yes/no)* Australia Australian Inventory of Chemical Substances(AILS) Yes Canada Domestic Substances List(DSL) Yes Canada Non-Domestic Substances List(NDSL) No China Inventory of Existing Chemical Substances in China(IECSC) Yes Europe European Inventory of Existing Commercial Chemical Yes Substances(EINECS) Europe European List of Notified Chemical Substances(ELINCS) No Japan Inventory of Existing and New Chemical Substances(ENCS) Yes Korea Existing Chemicals List(ECL) Yes New Zealand New Zealand Inventory Yes Philippines Philippine Inventory of Chemicals and Chemical Substances Yes (PICCS) United States&Puerto Rico Toxic Substances Control Act(TSCA)Inventory Yes *A"Yes"indicates that all components of this product comply with the inventory requirements administered by the governing country(s) A"No"indicates that one or more components of the product are not listed or exempt from listing on the inventory administered by the governing country(s). 16. Other information, including date of preparation or last revision Issue date 12-19-2014 Version# 01 HMIS H=3, F=0, R=0 NFPA H=3, F=0, R=1 Maximum Use in Potable Water for Sodium Hydroxide 25%200 mg/L.Maximum Use in Potable Water for Sodium Hydroxide 50%: 100 mg/L. certln.d to NSFAANSI 60 List of abbreviations ACGIH:American Conference of Governmental Industrial Hygienists CAS:Chemical Abstract Services CERCLA:Comprehensive Environmental Response,Compensation and Liability Act of 1980 CFR:Code of Federal Regulations DOT:Department of Transportation DSL:Domestic Substance List EINECS:European Inventory of Existing Commercial chemical Substances EPA:Environmental Protection Agency EPCRA:Emergency Planning and Community Right-to-Know Act HSDB®-Hazardous Substances Data Bank IARC:International Agency for Research on Cancer IATA:International Air Transport Association IBC:Intermediate Bulk Container ICAO:International Civil Aviation Organization IMDG:International Maritime Dangerous Goods LC:Lethal Concentration LD:Lethal Dose NIOSH:National Institute of Occupational Safety and Health NOEC:No observable effect concentration NTP:National Toxicology Program OECD: Organisation for Economic Cooperation and Development OSHA:Occupational Safety and Health Administration PPE: Personal Protective Equipment RCRA: Resource Conservation and Recovery Act RTECS: Registry of Toxic Effects of Chemical Substances SARA:Superfund Amendments and Reauthorization Act SDS:Safety Data Sheet STEL:Short Term Exposure Limit TLV:Threshold Limit Values TWA:Time Weighted Average Material name:Sodium Hydroxide Solution 25.50% sos us AUC-003 Version#:01 Issue date:12-19-2014 9/10 Disclaimer Prepared by:ICC The Compliance Center Inc.1-888-442-9628 http://www.thecompliancecenter.com Disclaimer This Safety Data Sheet was prepared by ICC The Compliance Center Inc. using information provided by/obtained from Allied Universal Corporation and CCOHS'Web Information Service. The information in the Safety Data Sheet is offered for your consideration and guidance when exposed to this product. ICC The Compliance Center Inc.and Allied Universal Corporation expressly disclaim all expressed or implied warranties and assume no responsibilities for the accuracy or completeness of the data contained herein.The data in this SDS does not apply to use with any other product or in any other process. This Safety Data Sheet may not be changed,or altered in any way without the expressed knowledge and permission of ICC The Compliance Center Inc.and Allied Universal Corporation The information in the sheet was written based on the best knowledge and experience currently available. Bibliography ACGIH Documentation of the Threshold Limit Values and Biological Exposure Indices(2014) Canadian Centre for Occupational Health and Safety,CCInfoWeb Databases,2014 (Chempendium,RTECs,HSDB,INCHEM) Material Safety Data Sheet from manufacturer. OECD-The Global Portal to Information on Chemical Substances-eChemPortal,2014. Material name:Sodium Hydroxide Solution 25-50% SDS us AUC-003 Version#:01 Issue date:12-19-2014 10/10 EMERGENCY CONTACT NUMBERS CORPORATE: WORKING HOURS: (305)888—2623 EMERGENCY CONTACTS(OTHER PHONE NUMBERS): 1. RON ZEIGLER(S. REGIONAL OPERATIONS MANAGER) WORK(772)464-7001,CELL(772)342-1872 2. ANTHONY FEDD(N. REGIONAL OPERATIONS MANAGER) WORK(912)267-6064,CELL(850) 212-6858 3. Jim LAFRENIERE(FLEET OPERATIONS MANAGER) WORK(305)894-4173,CELL(306)491-3430 4. MIKE HARRIS(FLEET MAINTENANCE MANAGER) WORK(912)267-9690,CELL(912) 671-0704 5. JAY BRUNELLE(DRIVER SAFETY COMPLIANCE MANAGER-SOUTH) CELL(413)222-6440 6. VACANT(DRIVER SAFETY COMPLIANCE MANAGER-NORTH) CELL# 7. TODD TUCKER(VICE PRESIDENT OF OPERATIONS-SECURITY) WORK(786)622-0200,CELL(903)987-3248 US TSA's TRANSPORTATION SECURITY COORDINATION CENTER: (703)563-3236 OR 3237 BRANCHES: HOME OR CELL PHONE NO. 4 w JAMIE JOHNSON CELL#(306)216-4612 LEO DELEON CELL#(306)310-0762 JUAN CARLOS CEDENO CELL#(786)366-2482 u. - Ar JAUMING CHEN CELL#(832)469-0870 WALTER CIECWIERZ CELL#(201)993-3636 TOM STRICKLAND CELL#(772)919-2073 WrEnRANI ELAINE BENNETT CELL#(901)326-6262 KEN HAYES CELL#(313)820-4339 HERMAN HARRIS CELL#(813)426-4060 KAREN GARILLI CELL#(813)966-3635 { KY NICHOLSON CELL#(904)607-8141 DAVID SCHULTZ CELL#(912)222-9487 FUN WILLIAM WARE CELL#(502)333-8059 MIKE LEBEN CELL#(772)628-6436 CHARITY BREWER CELL#(912)230-8680 n KEITH FEHLINGER CELL#(305)742-3210 ANDREW HEATH CELL#(470)389-1167 LISA DALE CELL#(770) 769-6628 r w BOB BOYKIN CELL#(251)604-7365 TIGRAN ARMSTRONG CELL#(601)664-6682 KEVIN CARTER CELL#(256)682-2838 7/27/2017 PAGE 1 In OLIN CORPORATION SALES SPECIFICATION Date Printed: 2016-08-08 Effective Date: 11/03/2015 Supersedes Date: 06/27/2014 Name: Caustic Soda Solution 50%,Commercial Grade Specification Number: 000000015216 Previous Specified Material: 00015216 Additional Product Information: Viscous liquid, free of color and suspended material Final Testing Requirements Test and Test Condition Limit Unit Method Note Total Alkalinity, Net(as NaOH) 49.00—51.00 WT% ASTM E291 1 Total Alkalinity, Net(as Na20) 38.00—39.50 WT/ ASTM E291 2 Sodium Carbonate 0.20 Max % ASTM E291 3 Sodium Chloride 1.0 Max % ASTM 4 E1787 Sodium Sulfate 0.025 Max % ASTM 5 E1787 Iron 5.0 Max mg/kg ASTM E291 6 Final Testing Requirements Notes: 1 Alternate test method: DOWM 100508 2 Alternate test method: DOWM 100508 3 Alternate test method: DOWM 101442 4 Alternate test method: DOWM 100935 5 Sodium Sulfate Spec is 500 ppm (0.050%) Max for Ontario Terminals 6 Alternate test method: DOWM 100775 mTM*TRADEMARK OF OLIN CORPORATION(OLIN)OR AN AFFILIATED COMPANY OF OLIN PAGE 2 OLIN CORPORATION SALES SPECIFICATION Name: Caustic Soda Solution 50%,Commercial Grade Specification Number: 000000015216 Effective Date: 11/03/2015 General Notes 1 This product, based on an assay concentration (as NaOH) of 48.5% - 51.50, meets the following test requirements of the Food Chemicals Codex (FCC) , current edition, for Sodium Hydroxide Solution: Arsenic (as As) - 1.5 mg/kg maximum; Carbonate (as Na2CO3) - 1.5% maximum; Lead (as Pb) - 1 mg/kg maximum; Mercury - 0.05 mg/kg maximum 2 Users of Olin Caustic Soda Solution in food-related applications must carefully assess this product to determine if it is suitable for the application. It cannot be assumed that products meeting the FCC test requirements set forth above are suitable for food usage. 3 This product is produced using a non-mercury process. Mercury would not be anticipated to be found in the product. 4 Product supplied in North America is certified by NSF International NSF/ANSI Standard 60 Drinking Water Treatment Chemicals for use as Corrosion & Scale Control and pH Adjustment at a maximum use level of 100 mg/L. 5 All values are on an actual solution basis. READ PRECAUTIONARY INFORMATION AND MATERIAL SAFETY SHEETS.THIS PRODUCT IS SHIPPED IN COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS REGARDING CLASSIFICATION,PACKAGING, SHIPPING AND LABELING. LAST PAGE THIRD AMENDMENT TO AGREEMENT TO FURNISH AND DELIVER HYDROFLUOSILICIC ACID THIS THIRD AMENDMENT is made and entered into this day of 2017, by and between: CITY OF CORAL SPRINGS,FLORIDA a municipal corporation 9551 W. Sample Road Coral Springs,Florida 33065 (hereinafter referred to as "City") AND HAWKINS WATER TREATMENT GROUP, INC. d/b/a The Dumont Company 2381 Rosegate Roseville,MN 55113 (hereinafter referred to as"Hawkins") WHEREAS,the City and The Dumont Company(hereinafter"Dumont")entered into an Agreement to furnish and deliver hydrofluosilicic acid on March 27, 2013 (hereinafter the "Agreement");and WHEREAS, on December 16, 2014, the parties amended the Agreement to reflect the assignment of the Agreement between The Dumont Company,Inc. and the City of Coral Springs to Hawkins Water Treatment Group,Inc.; and WHEREAS, on March 3, 2015, the parties amended the Agreement to the extend the term of the agreement through April 30,2017; and WHEREAS, the current Agreement expires on April 30, 2017 with the option to renew for one(1)additional two(2)year period; and WHEREAS,both parties concur with amending the Agreement to extend the term of the Agreement through April 30,2019. NOW,THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and adequacy of which are acknowledged,the parties agree as follows: Section 1. The foregoing recitals are true and correct and are hereby incorporated into this Agreement. Section 2. This Third Amendment shalt be effective upon the execution by both parties. Page 1 of 4 Doc.131619 r Section 3. The term of this Agreement shall be extended through April 30,2019. Section 4. Section 20,INVOICING,is amended to add Section 20.02 to read as follows: 20.02 CONTRACTOR acknowledges and agrees that there will be no increase in pricing for Hydrofluosilicic Acid for the entire two(2)year term of this Agreement. Section S. In all other respects, the terms and conditions of the Agreement remain in full force and effect. In the event of any conflict, this Amendment will supersede all other terms. In the event of ambiguity,the most conservative interpretation consistent with the public interest is intended. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Page 2of 4 Doc.131619 IN WITNESS OF THE FOREGOING, the CITY OF CORAL SPRINGS and HAWKINS WATER TREATMENT GROUP, INC. have hereunto set their hands and seals on the dates written below. F COItA4SPRINGS,FLORIDA ATTES elo S omo ,Purchasing Administrator Debra Thomas,CMC,City Clerk APPROVED AS TO FORM: Sherry Whitacre Deputy City Attorney Page 3of 4 Doc.131618 HAWKINS WATER TREATMENT GROUP, INC., a The Dumont Company I By: Prin ame: J rof der- Title: ,3E we6y�,a-�,a,[, State of Rarjdq, County of On this, the o7l day of 2017, before me, the undersigned Notary Publiq of the State of Tor rdi : the foregoing instrument was ac owledged by r (name of corporate officer), (title), of (name of corporatio aAI (state of corporation) corporation, on behalf of the corporation. WITNESS my hand and official seal Notary Public, State * MCMIMMOFFNM 1MM7W M��o,soso Printed,typed or stamped name of Notary Public exactly as commissioned j< Personally known to me,or ❑ Produced identification: (type of identification produced) Doc.131618 Page 4of 4 Southeast Florida Governmental Purchasing Cooperative Group CONTRACT AWARD Please complete each of the applicable boxes and submit with bid documents, award notices and tabulations to Ipiper@mvboca.us for placement on the NIGP SEFL website Cooperative contract page. PAGE 1 OF 2 BID/RFP No. 17-22B Description/Title: Furnish, Deliver and Discharge of Quicklime Initial Contract Term: Start Date: November 1, 2017 End Date: October 31, 2020 Renewal Terms of the Contract: 3 Renewal Options for 1 Year (No.of Renewals) (Period of Time) Renewal No. Start Date: End Date: Renewal No. Start Date: End Date: Renewal No. Start Date: End Date: SECTION#1 VENDOR AWARD Vendor Name: LHOIST NORTH AMERICA OF ALABAMA, LLC Vendor Address: 3700 Hulen Street, Fort Worth, Texas 76107 Contact: Dale James, Florida Sales Manager or Elizabeth Hart. FL Sales Coordinator Phone: (800)695-5657(Orders) &(877)644-9010 Fax: (863) 644-9030 Cell/Pager: (314) 614-4950 Email Address: dale.james@lhoist.com Website: http://www.lhoist.com FEIN: 63-1002780 VENDOR AWARD Vendor Name: Carmeuse Lime and Stone, Inc. (City of Hollywood Hi Cal Granular Lime Only) Vendor Address: 11 Stanwix St., 11th Floor, Pittsburgh, PA 15222 Contact: Forrest Meeks, Florida Sales Representative Phone: (205) 664-7256/(412) 995-5500 Fax: (412) 995-5515 Cell/Pager: (205) 215-3735 Email Address: salesirdo@�mousena.com I Fo"e�Meeks@ca�eusena.com Website: www.carmeuse.com FEIN: 25-1254420 PAGE 2OF2 VENDOR AWARD Vendor Name: N/A Vendor Address: Contact: Phone: Fax: Cell/Pager: Email Address: Website: FEIN: VENDOR AWARD Vendor Name: N/A Vendor Address: Contact: Phone: Fax: Cell/Pager: Email Address: Website: FEIN: VENDOR AWARD Vendor Name: N/A Vendor Address: Contact: Phone: Fax: Cell/Pager: Email Address: Website: FEIN: SECTION#2 AWARD/BACKGROUND INFORMATION Award Date: August 23,2017 Resolution/Agenda Item No.: Insurance Required: Yes X No Performance Bond Required: Yes No X SECTION#3 LEAD AGENCY Agency Name: City of Tamarac Agency Address: 7525 NW 88th Avenue, Room 108 Agency Contact: Keith K. Glatz, CPPO Email keith.glatz@tamarac.org Telephone: (954) 597-3567 Fax: (954) 597-3565 Temp Reso#12984 Page I July 12, 2017 CITY OF TAMARAC, FLORIDA ��] RESOLUTION NO. R-2017--i—L A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO AWARD BID #17-22B, "FURNISH, DELIVER AND DISCHARGE OF QUICKLIME" TO, AND EXECUTE AGREEMENTS WITH, LHOIST NORTH AMERICA OF ALABAMA, LLC FOR THE CITY OF TAMARAC AND AN ADDITIONAL TWENTY MEMBERS OF THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE (CO-OP); AND WITH CARMEUSE LIME AND STONE ON BEHALF OF ONE CO-OP MEMBER, THE CITY OF HOLLYWOOD, FOR A PERIOD OF THREE (3) YEARS WITH THREE (3) ADDITIONAL ONE-YEAR RENEWAL OPTIONS, PROVIDING FOR —" CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac served as "lead agency" on Bid 17-22B, "Furnish, Deliver and Discharge of Quicklime" issued on behalf of the Southeast Florida Governmental Purchasing Cooperative (Co-op); and WHEREAS, Twenty-one governmental agencies, including the City of Tamarac will utilize this bid to purchase approximately 58,000 tons annually, of quicklime for the Co-op, of which approximately 1,500 tons will be purchased for the City of Tamarac, a copy of said bid is on file with the City Clerk; and WHEREAS, the City of Tamarac publicly advertised Bid 17-22B, "Furnish, .—. Deliver and Discharge of Quicklime" on the City's web-site and in the Sun- Sentinel on June 18, 2017; and Temp Reso #12984 Page 2 July 12, 2017 WHEREAS, three (3) vendors downloaded the bid from the City's web- site; and two (2) complete bids were opened and reviewed to determine cost and responsiveness to the Ciity's specifications; and WHEREAS, Lhoist North America of Alabama, LLC submitted a delivered the lowest delivered bid price per ton for the City, and prices as shown on the bid tabulation for other members of the Co-Op, a copy of the bid tabulation is attached hereto as Exhibit"1"; and WHEREAS, Lhoist North America of Alabama, LLC was deemed the lowest responsive and responsible bidder for the City of Tamarac, and for twenty (20) members of the Co-op, with a copy of the bid submitted on file with the City Clerk; and -- WHEREAS, Carmeuse Lime and Stone was deemed the lowest responsive and responsible bidder for high calcium granular quicklime for the City of Hollywood, a member of the Co-op, with a copy of the bid submitted on file with the City Clerk and WHEREAS, the City of Tamarac, acting as lead agency for the Co-op acts on behalf of the Co-op when awarding contracts for quicklime; and WHEREAS, pursuant to Section 5 of the executed Agreements, Lhoist North America of Alabama, LLC, and Carmeuse Lime & Stone, Inc. may seek a price adjustment on a quarterly basis based on actual costs or in accordance with one or more recognized indices; and Temp Reso#12984 Page 3 July 12, 2017 WHEREAS, current dynamic economic conditions dictate that the best interests of the City and the Co-op will be met by the utilization of an ongoing quarterly material price adjustment formula, which allows for escalation and de- escalation of material pricing on a quarterly basis, effective October 1st, January 1st, April 151 and July 1 s' of each year; and WHEREAS, sufficient funds are available from the Public Services Department Operating funds; and WHEREAS, it is the recommendation of the Director of Public Services and the Purchasing and Contracts Manager that Bid 17-228 be awarded to and an agreement executed with Lhoist North America of Alabama, LLC for furnishing, delivering and discharging quicklime, for a period of three years with three (3) additional one (1) year renewal options for the City of Tamarac, and on behalf of twenty (20) other agencies in the Co-op; and WHEREAS, it is the recommendation of the Director of Public Services and the Purchasing and Contracts Manager that Bid 17-22B be awarded to and an agreement executed with Carmeuse Lime and Stone for furnishing, delivering and discharging high calcium granular quicklime, for a period of three (3) years with three (3) additional one (1) year renewal options for the City of Hollywood, an agency in the Co-op; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the residents of the City of Tamarac to award Bid 17- 25B and execute an agreement with Lhoist North America of Alabama, LLC for Temp Reso#12984 Page 4 July 12, 2017 furnishing, delivering and discharging quicklime, for a period of three (3) years with three (3) additional one (I.) year renewal options, on behalf of the City of Tamarac and on behalf of an additional Twenty (20) agencies in the Southeast Florida Governmental Purchasing Cooperative, and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the residents of the City of Tamarac to award Bid 17- 22B and execute an agreement with Cartneuse Lime and Stone for furnishing, delivering and discharging high calcium granular quicklime, for a period of three (3) years with three (3) additional one (1) year renewal options, for the City of Hollywood, an agency in the Co-op. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are HEREBY ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof and all exhibits referenced and attached hereto are incorporated herein and made a specific part of this resolution, SECTION 2- The award of Bid 17-22B, "Furnish, Deliver and Discharge of Quicklime", to Lhoist North America of Alabama, LLC, on behalf of the City of Tamarac and twenty (20) agencies in the Southeast Florida Governmental Purchasing Cooperative, is HEREBY AUTHORIZED. Temp Reso#12984 Page 5 July 12, 2017 SECTION 3: The appropriate City officials are hereby authorized to execute an agreement with Lhoist North America of Alabama, LLC as part of said award, a copy of which is attached hereto as Exhibit "T for prices as shown in Exhibit "1" on behalf of the City of Tamarac and twenty (20) entities within the Southeast Florida Governmental Purchasing Cooperative. SECTION 4: The award of Bid 17-22B, "Furnish, Deliver and Discharge of Quicklime", to Carmeuse Lime and Stone, for the provision of high calcium granular lime for the City of Hollywood, an agency in the Co-op, is HEREBY AUTHORIZED. SECTION 5: The appropriate City officials are hereby authorized to execute an agreement with Carmeuse Lime and Stone as part of said award for high calcium quicklime, a copy of which is attached hereto as Exhibit "3F for prices as shown in Exhibit °1" on behalf of the City of Hollywood, an agency in the Co-op. SECTION 6: The City Manager, or his designee, is hereby authorized to approve and execute any subsequent renewal options to this Agreement, and to initiate Change Orders in amounts not to exceed $65,000 per Section 6-147 of the City Code. SECTION 7: All resolutions or parts of resolutions in conflict herewith are HEREBY repealed to the extent of such conflict. SECTION 8: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or Temp Reso#12984 Page 6 July 12, 2017 invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 9: This Resolution shall become effective immediately upon its passage and adoption, PASSED,ADOPTED AND APPROVED this�3 day of 2017. DEBRA PLACKO VICE MAYOR ATTEST: ATRICIA TEIjFQ /CIMUC CITY CLERK RECORD OF COMMISSION VOTE: MAYOR DRESSLER DIST 1: COMM. BOLTON DIST 2: COMM. GOMEZ DIST 3: COMM. FISHMAN DIST 4: VICE MAYOR PLACKO I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM UELS- GOREN CITY ATTORNEY TR 12984 Exhibit 1 Carmeuse Lime Lhoist TOTAL FREIGHT TOTAL COST FREIGHT COST AGENCY DELIVERY ADDRESS ANNUAL USAGE PRICE CHARGE DELIVERED PRICE CHARGE DELIVERED PER TON PER TON Type 1-Pebble Lime Broward County Dist.1 3701 N State Road 7 4,20 $ 232.48 $ 92.64 $ 325.12 $ 150.94 $ 101.37 $''252.31 $ 1,059,702.00 Broward County Dist.2 1390 NE 51 St. 6,300 $ 232.48 $ 92.64 $ 325.12 $ 150.94 $ 101.37 $ 2S2.31` $ 1,589,553.00 City of Coral Springs(1) 3800 NW 85th Avenue,Coral Springs 1352 $ 232.48 $ 92.64 $ 325.12 $ 150.94 $ 101.37 $ 252.31` $ 341,123.12 Town of Davie 3500 NW 76th Avenue,Hollywood 75 $ 232.48 $ 92.64 $ 325.12 $ 150.94 $ 101.37 $'`252.31 $ 189,232.50 City of Deerfield Beach 290 Goolsby Blvd.-West Plant,Deerfield Beach 1872 $ 232.48 $ 92.64.$ 325.12 $ 150.94 $ 101.37 '$ 2$2.31 $ 472,324.32 City of Fort Lauderdale 949 NW 38`h St.,Ft.Lauderdale 11,500 $ 232.48 $ 92.64 $ 325.12 $ 150.94 $ 101.37 $ 2S2.31' $ 2,901,565.00 City of Hallandale(2) 215 NW 6th Avenue,Hallandale 9 $ 232.48 $ 92.64 $ 325.12 $ 150.94 $ 101.37 $- 252.31 $ 227,079.00 City of Lauderhill 2001 NW 49th Avenue,Lauderhill 1825 $ 232.48 $ 92.64 $ 325.12 $ 150.94 $ 101.37 $ 252.31 $ 460,465.75 City Of Miramar 2600 SW 66`h Terrace,Miramar 95 $ 232.48 $ 92.64 $ 325.12 $ 150.94 $ 101.37 $' 252.31 $ 240,451.43 City of North Miami 12098 NW 111h Ave,North Miami 1,44 $ 232.48 $ 92.64 $ 325.12 $ 150.94 $ 102.08 $ 253.02 $ 364,348.80 Village of Palm Springs 360 David Road,Palm Springs 60 $ 232.48 $ 92.64 $ 325.12 $ 150.94 $ 101.37 $"252.31' $ 151,386.00 Village of Palm Springs S618 Basil Drive,West Palm Beach 6 $ 232.48 $ 92.64 $ 325.12 $ 150.94 $ 101.37 $ 252.31' $ 151,386.00 City of Pompano Beach 301 NE 12th Street,Pompano Beach 2,20 $ 232.48 $ 92.64 $ 325.12 $ 150.94 $ 101.37 $ 252.31 $ 555,082.00 City of Sunrise 4350 Springtree Drive,Sunrise 2,40 $ 232.48 $ 92.64 $ 325.12 $ 150.94 $ 101.37 $ 252.31 $ 605,544.00 City of Sunrise 15400 Sludge Mill Road,Davie 6 $ 232.48 $ 92.64 $ 325.12 $ 150.94 $ 101.37 $'252.31 $ 151,386.00 U.S.Water(City of North Lauderdale) 841 NW 71"Avenue,North Lauderdale 65 $ 232.48 $ 92.64 $ 325.12 $ 150.94 $ 101.37 $ 252.31 $ 164,001.50 Village of Wellington 1100 Wellington Terrace,Wellington 1,24 $ 232.48 $ 92.64 $ 325.12 $ 1S0.94 $ 112.01 $ 262.95 $ 326,058.00 PE 3A-Foundry/Rice Lime City of Dania Beach 12015tirling Road,Dania Beach 32 $ 232.48 $ 92.64 $ 325.12 $ 150.94 $ 101.37 $ 252.31 $ 80,739.20 City of Delray Beach 201 SW 7`h St.,Delray Beach 3,65 $ 232.48 $ 92.64 $ 325.12 $ 150.94 $ 101.37 $'-2S2.31' $ 920,931.50 City of Hollywood 3441 Hollywood Blvd.,Hollywood 2,40 $ 232.48 $ 92.64 $ 325.12 $ 150.94 $ 101.37 $ 252.31.$ 605,544.00 City Of Margate 980 NW 661h Ave,Margate 2,00 $ 232.48 $ 92.64 $ 325.12 $ 150.94,$ 101.37 $ 252.31 $ 504,620.00 City of North Miami Beach(3) 19150 NW 81h Ave,Miami Gardens 3,0 $ 232.48 $ 92.64 $ 325.12 $ 150.94 $ 102.08 $, 253.02' $ 759,060.00 City Of Pembroke Pines 7960 Johnson Street,Pembroke Pines 4,50 $ 232.48 $ 92.64 $ 325.12 $ 150.94 $ 101.37 $:'252.31` $ 1,135,395.00 City of Tamarac 7803 NW 61st Street,Tamarac 1,5 $ 232.48 $ 92.64 $ 325.12 $ 150.94 $ 101.37 $'.252.31` $ 378,465.00 PE 2-- Hi CAL Granular(4) City of Hollywood Wastewater,1621 N14th Ave,Hollywood 5,50 $ 175.00 89.85 $' ` 264.85 $ 150.94 136.02 $ 286.96 $ 1,456,675.00 Village of Wellington 11860 Pierson Rd.,Wellington 2 $ 232.48 92.6 $ 325.12 $ 150.94 132.12 $ 283.06' $ 5,661.20 $15,797,779.32 Yellow Highlighted Fieldsireflect Recommended Awerdee for,each item AGREEMENT BETWEEN THE CITY OF TAMARAC AND LHOIIST NORTH AMERICA OF ALABAMA.LLC JI-_A THIS AGREEMENT is made and entered into this J-� day of 20 1 7by and between the City of Tamarac, a municipal corporation with principal office locatedat 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and Lhoist North America of Alabama, LLC a duly authorized Florida Foreign Limited Liability corporation with principal offices located at 3700 Hulen Street, Fort Worth,Texas 76107,(the'Contractor )to provide for Furnishing, Delivery and Discharge of Quicklime for the City of Tamarac and participating agencies in the Southeast Florida Governmental Purchasing Cooperative. Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1) The Contract Documents The contract documents consist of this Agreement, Bid Document No. 1722B. 'Furnish. Deliver and Discharge Quicklime", including all conditions therein, (General Terms and Conditions, Special Conditions and/or Special Provisions), drawings, Technical Specifications, all addenda, the Contractor's bid/proposal included herein,and all modifications issued after execution of this Agreement;and Contract Attachment A "Participating Agencies and Unit Pricing Provided in Bid",which is a schedule of Individual agencies participating in the bid and delivered unit pricing for individual delivery locations, and Attachment B "Trucking Fuel Charge Scale"-These contract documents form the Agreement,and all are as fully a part of the Agreement as it attached to this Agreement or repeated therein. In the event that there is a conflict between Bid Document No. 17-22B, "Furnish Deliver and Discharge Quicklime', as issued by the City, and the Contractor's Proposal, Bid Document No. 17-22B, as issued by the City shall take precedence over the Contractor's Proposal. Furthermore, in the event of a conflict between this document and any other contract documents,this Agreement shall prevail. 2) The Work 2.1. The Contractor shall perform all work for the City required by the contract documents as set forth below. 2.1.1 Contractor shall furnish all labor,materials,and equipment necessary to Furnish, Deliver and Discharge Quicklime in accordance with the Technical Specifications, terms and conditions contained in Bid Document 17-22B, "Furnish, Deliver and Discharge Quicklime" for the City of Tamarac and participating agencies in the Southeast Florida Governmental Purchasing Cooperative for all items EXCEPT FOR Type 2— HI CAL Granular Lime for the City of Hollywood,Florida. 2.1.2 Contractor shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Contractor shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. Contractor shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the Contractor's expense. 2.1.3 Contractor shall comply with any and all Federal. State, and local laws and regulations now In effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents or subcontractors, if any,with respect to the work and services described herein. 2.1.4 Contractor shall be required to complete the "Contractor Pass Request Form" (See attached Appendix A to Bid Document No. 17-22B),with photo identification of all personnel authorized to be on premises at City delivery sites.This form will be sent to the awarded vendor(s)with the notification of award letter. 2.1.5 Personnel additions and/or deletions shall be reported to the City's designated representative in writing, via fax to a number to be provided by the using agency, within twenty four (24) hours of the personnel change, by modification of the names submitted on the original Contractor Pass Request Form, 2.1.6 All personnel shall check-in with the Security Guard or Operator on duty immediately upon arrival at any delivery location. Photo identification, purpose of visit,and name of City staff contact,shall be required for entry. 2.1.7 Contractor shall ensure that only authorized Contractor employees and/or authorized City personnel shall have access to Contractor/City vehicles, work site, equipment, work products, reports, electronic data and any/all other information pertaining to the City. Contractor shall not admit any unauthorized personnel onto any work site. Contractor will not release, discuss or share any information on systems,equipment and/or operations,to any non-City personnel. 2.1.8 Upon leaving premises, all personnel shall be required to check out with the Security Guard or Operator on duty. 3) Insurance 3.1. Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified in the original bid document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, Builder's Risk and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. 3.2. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shah be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. Insurance limits are outlined below: Insurance Requirements Une of Business/Coverage Occurrence itggre ate omits Commercial General Liability including Pramises/Operations Contractual uability Pwsorrl hJury $1101*10Io koll low Explosion;Callapse,Urdareround Hazard Products/Cam o sted opwati on Broad Form Property Damage Automobile LiabMty $1,000'Mmi i $1 t]OQ,1lOQtlt] Warren'Compensation&Employees Liability statutory '' �r• ;7,?:;.. f'.:,t=„ri-,c.t1 �r7t71✓F'tr'Ft t'<��i,;r yq;}., 4) Terrn The term of this Agreement shall be for an initial three (3) year period, beginning November 1, 2017 through October 31, 2020. The City reserves the right to renew this Agreement for three (3) additional one (1) years periods subject to the Contractor's acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. 5) Contract Sum The Contract Sum for the above worit for entities listed in Contract Attachment A"Participating Agencies and Unit Pricing Provided in Bid", shall be based on delivered cost per ton. The Contract sum includes all labor, materials and freight charges for the job also known as Bid No. 17-22B, "Famish, Deliver,and Discharge Quicklime"for the Southeast Florida Government Purchasing Cooperative entities listed in Contract Attachment A— Participating Agencies and Unit Pricing, All Terms and Conditions, except product price, freight, transfer, and rail and truck fuel surcharges shall remain firm through the term of the contract, 5.1 Contract Pricing shall be based on delivered cost per ton. The Contract sum includes all labor, materials and freight charges. initial pricing shall be held firm from November 1, 2017 through December 31, 2017, and shall be based on the actual pricing adjustment submitted In October, 2017. Pricing changes will thereafter be allowable on a quarterly basis in accordance with Section 5.3, "Escalation / De-escalation" shown herein_ Attachment A, "Participating Agencies and Unit Pricing Provided in Bid"provides the unit pricing submitted as of the bid opening date of July 11,2017. 5.2 In consideration of fluctuations in fuel prices, the City will allow rail and trucking fuel surcharges during the term of the contract. 5.2.2 Rail Surcharge—The rail fuel surcharge rate will be based on actual contracts, invoices or published rates of the contractor's rail carrier. Contractor shall provide documentation regarding the rail carrier's pricing as a part of the request for an adjustment to the rail surcharge. No surcharge will be applied on top of another one; The Bidder should provide a rail fuel surcharge schedule as part of their bid submittal in the area provided in Appendix 8 herein. 5.2.3 Trucking Surcharge-The truck fuel surcharge rate will be based on the Trucking Fuel Surcharge Scale contained in Appendix B herein,which shall be determined by referencing the Retail On-Highway Diesel Price—U.S. Average, as published by the U.S. Department of Energy, Energy Information Administration (DOE)for the third Monday of the final month of each quarter_The truck fuel surcharge will be applied to the base contract price per ton of quicklime transported effective with the start of the next quarter. No surcharge will be applied on top of another one. The bidder shall utilize the trucking fuel surcharge scale included in Attachment B, `Trucking Surcharge Scale" as a basis for adjustment, and surcharge adjustments will be based on that scale. The DOE Retail On- Highway Diesel Price — US Average index may be found at: http•//tonto eia doe cioviooarnfo/wohdg/diesel detail retort combined-asp, 5.3 Escalation/De-escalation: 5.3.1 The City will accept price adjustments on a quarterly basis on January V". April 10, July 1st and October 1st of each year. The Contractor must submit sufficient documentation to be given consideration for a price increase, and must pass-on a price decrease when the Contractor's costs are reduced. Approved documentation includes, but is not limited to published U.S. Department of Energy (DOE) reports on coal costs, Platt's Coal Index, U.S. Bureau of Labor Statistics (BLS) reports on Producer Price index (PPI)for all commodities, U.S. 3 ---------------------------- Energy Information Administration WTI publications on spot crude oil prices, BLS Electric Power Generation, Transmission and Distribution Index, BLS Crushed and Broken Limestone Index, BLS mining Machinery and Equipment Index; and copies of vendor monthly internal cost reports and/or actual invoices, 5.3.2 Rail and Truck freight charges and changes for transfer costs require written verification from vendor's freight and transfer subcontractors, provided to the Purchasing & Contracts Division prior to initial contract term expiration of the Agreement. All Rail and Truck fuel surcharges will be applied initially on November 1,2017,subject to change as detailed in Section 5.1 herein. 5.3.3 The City acknowledges that Contractor's rail and truck carriers adjust fuel surcharges monthly. The Contractor will apply fuel surcharges for each quarter based on the amount of the rail and truck fuel surcharges in effect for the month preceding the quarterly price change as calculated in accordance with Section 5.2 of this Agreement, utilizing Appendix B to the original bid#17-22B. At the end of each quarter, the Contractor will process a "true up" by comparing the actual monthly rail and truck fuel surcharges for the quarter to the rail and truck fuel surcharges implemented at the time of the quarterty price change. Based on this comparison, the Contractor will issue the City a credit or debit that represents the variance. 5.3.4 Cost adjustments, in all cases, shall reflect only a direct pass-through of costs, and no changes to the Contractor's profit margin shall be permitted. The City and the Contractor may also utilize recognized goverrimentlindustry indices or combination of indices to be mutually agreed upon by the City and Contractor, when determining price increases. 6) Payments A monthly payment will be made for work that is completed, accepted and properly invoiced. The City shall pay the Contractor for work performed subject to the specifications of Bid 17-228. All payments shall be governed by the Local Government Prompt Payment Act, F.S., Part VI 1;Chapter 218. 7) Conditions of Material All materials and products supplied by the Bidder in conjunction with this bid shall oonform to the specifications of the bid.The City reserves the right to return the product to the Bidder and require the delivery of new product at no cost to the City. 8) Indemnification 8.1 The Contractor shall Indemnity and hold harmless the City, its elected and appointed officials,employees,and agents from any and all claims,suits,actions,damages,liability, and expenses(including attorneys'fees)In connection with loss of life,bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring In connection with the operations of the Contractor or its officers, employees, agents, subcontractors, or independent Contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or Wilful misconduct of the City or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement,even though the claim may be made after the termination hereof. 4 IMIMMMMM cm ----------- 8.2 Upon completion of all Services,obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely- i, The Contractor shall pay all claims, losses, liens,settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attomeo fees (including appellate attorneys fees) and costs. !I. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Contractor under the indemnification agreement. &3 The City and Contractor recognize that various provisions of this Agreement, including but not limited to this Section, provide for indemnification by the Contractor and requires a specific consideration be given there for. The Patties therefore agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specific consideration for such indemnities, and the providing of such indemnities is deemed to be part of the specifications with respect to the services to be provided by Contractor. Furthermore, the City and Contractor understand and agree that the covenants and representations relating to this indemnification provision shall serve the term of this Agreement and continue in full force and effect as to the City's and the Contractor's responsibility to indemnify. 8.4 Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768,28, as amended from time to time. 9) Non-Discrimination&Equal Opportunity Employment During the performance of the Contract, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity and expression, or disability if qualified. The Contractor will take affirmative action to ensure that employees and those of its subcontractor's are treated during employment, without regard to their race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity or expression, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor and its subcontractors shall agree to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that all subcontractors,if any,will be made aware of and will comply with this nondiscrimination clause. 10) Independent Contractor This Agreement does not create an employeelemployer relationship between the Parties. It is the intent of the Parties that the Contractor Is an independent contractor under this Agreement and not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act the Federal Unemployment Tax Act the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractors activities and responsibilities hereunder provided,further that administrative procedures applicable to services rendered under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. 11) Assignment and Subcontracting Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City.This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 12) Notice Whenever either party desires or is required under this Agreement to give notice to any other party,it must be given by written notice either delivered in person,sent by U.S.Certified Mail, U.S.Express Mail,air or ground courier services,or by messenger service,as follows: CITY City Manager City of Tamarac 7625 N.W.88th Avenue Tamarac, FL 33321 With a copy to City Attomev at the following address: Goren, Cherof,Doody&Ezrol, P.A. 3099 East Commercial Blvd.,Suite 200 Fort Lauderdale, FL 33308 CONTRACTOR Lhoist North America of Alabama,LLC 3700 Hulen Street Fort Worth, TX 76107 Attn:Ron Thompson,CEO 13) Termination 13.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the terminating party to the other party for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated,Contractor shall indemnify the city against loss pertaining to this termination. 13.2 Default by Contractor. In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the material terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty(30)days after receipt by Contractor of written notice of such neglect or failure. 6 14) Uncontrollable Forces 14,1 Neither the City nor Contractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces,the effect of which, by the exercise of reasonable diligence,the non-performing party could not avoid_The term "Uncontrollable Farces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. it Includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, War, riot, civil disturbance, sabotage, and governmental actions. 14.2 Neither party shall, however, be excused from performance it nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch.The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 15) Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 16) Venue This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 17) Signatory Authority The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 18) Severability;Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction,be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any ether jurisdiction. The non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 19) Merger;Amendment This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the City. 20) No Construction Against Drafting Party Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement,and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with,arising out of,or involving this Agreement. 7 21) Public Records 21.1 The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 21.1.1 Keep and maintain public records required by the City in order to perform the service; 21.1.2 Upon request from the City's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 21.1.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the City. 21.1.4 Upon completion of the contract,transfer,at no cost to the City,all public records in possession of the Contractor, or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records in a format that is compatible with the information technology systems of the City. 21.2 During the tern of the contract, the Contractor shag maintain all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract.The form of all records and reports shall be subject to the approval of the City's Auditor.The Contractor agrees to make available to the City's Auditor,during normal business hours and in Broward,Dade or Palm Beach Counties,all books of account,reports and records relating to this contract. 22) Public Records Custodian IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 7525 NW 88TH AVENUE ROOM 101 TAMARAC, FL 33321 (954) 597-3505 CITYCLERK@TAMARAC.ORG __ _ 8 1 1 • t IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONTRACTOR,signing by and through its CEO duly authorized to execute same. CITY ARAC &—k-i—ahibressler, Mayor ADat ATT `710ifhael C.Cemech,City Manage tt Patricia A.Teufel,CMC Date City Clerk tiQv:.TA�fr�t fl Approve s to form and lea uffi iency: Date ESTABLISHED; w ey '0 1963 '. SEAL Date ATTEST: r/ Uh'E �`��' LHOIST NORTH AMERICAOF ALABAMA,LLC Company Name ignature of Corporate Secretary Signature yc-mmm f• ca-em6i Ron Thompson,CEO Type/P6nt Name of Corporate Secy. `7 i-7 (CORPORATE SEAL) D e 9 t 7 CORPORATE ACKNOWLEDGEMENT STATE OF 12 � COUNTY OF ! ' R,4,y1 SS I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and In the County aforesaid to take acknowledgments,personally appeared Ron Thompson, CEO for Lhoist North America of Alabama, LLC, a duly authorized Florida Foreign Limited Liability Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this.day of'gao!�3�o 1. Signature of otary Public 111i1U/1 N M.lliR��i�� State ofXe45#Large �� •oOily Print,Type or Stamp _ — Name of Notary Public •: �rE of 'v Personally known to me or � • 1 • ❑ Produced Identification Type of I.D.Produced &}'''DID take an oath,or ❑ DID NOT take an oath. 41 ATTACHMENT A PARTICIPATING AGENCIES AND UNIT PRICING PROVIDED IN BID Below is a list of the agencies participating in this Agreement and their respective delivery locations: AGENCY DELIVERY ADDRESS CITY(STATEIZIP CONTACT PHONE/E-MAIL Broward County Dist.1A 3701 N State Road 7 Lauderdale Lakes 33319 Michael Belight 9541831-0940 MBELIGHT rd. Broward County Dist.2A 1390 NE 51 SL Pompano Beach 33064 Michael""jams 954/831.4117 MWILUAMSObrawardaM City of Coral Springs 3800 NW 85th Avenue Coral Springs 33065 Alvan Jones 954/345-2162 a` s I ri .o City of Dania Beach 1201 Stirling Road Dania Beach 33004 Phil Skidmore 954/924-6800 X3616 skidnxue danj beachtgov City of Delray Beach 201 SW Ph St, Delray Beach 33444 John Bullard 561/243-7319 0 rdit5mvdeIravbeach.com Town of Davie 3500 NW 7e Avenue Hollywood,FL 33024 Stanley Ebanks Raul 064/3271-3750 964/327-3748 Sotelo City of Deerfield Beach 290 Goolsby Blvd. Deerfield Beach 33442 Albert Jemej 9W480-4370 anemeiCo)deetfjeld- beachxom City of Fort Lauderdale 949 NW 3r Street Oakland Park,33309 Cesar Aiza VA1828-7865 City of Hallandale Beach 630 AM/2"°Street Hallandale 33009 John Fawcett 854/457-1&i2 jam jpgMoohbpm City of Hollywood 3441 Hollywood Blvd. Hollywood 33021 Carlos Aguilera 9MI967-4230 canuilerajEoltywooddli.org city of Hollywood 1621 N.146 Avenue Hollywood 33022 Coy Mathis Attn: Steve 954/921 3288 Farrell cmathisChollvwoodfl.om sfarretl holy d City of Lauderhill 2101 NW 49th Avenue Lauderhill 33313 Neil Buckeridge 954MO-2972 nbuckoddae0lauderhill-Coov City Of Margate 980 NW 66 Ave. Margate 33063 Richard Uber 954/972-0828 ruberArnamatefl,com City Of Miramar 2600 SW W Terrace Miramar 33023 Jeffrey Pinter/Stephen 9541883-6854 Glatthom ioaintert%miramerfl.gov;9541883- 5143 1ramarfl. ov City of North Miami 12098 NW 11 Ave. North Miami 33168 isler Pierre-Louls 305/895-9834 City of North Mlaml Beach* Norwood Water Plant, 19150 NW Miami Gardens 33169 Carlos Carramna 30MS4-6460 80 Avenue :ca Village of Palm§pnngs 360 Davis Road Palm Springs 33461 Brent Watson 5611316-0674 nRyosfl-oro \Allage of Palm Springs 5s18 Basil Drive West Palm Beach 33415 Brent Watson 5611315-0674 tson sfi.o City Of Pembroke Piro 7960 Johnson Street Pembroke Pines 33024 Juquitta Drieth 9541986-5009 ivauitta-dfidhCd)-CHZM.cDm City of Pompano Beach 301 NE 1201 Strut Pompano Beach 33080 Jason Mraz 9541645-7006 J li.0om City of Sunrise 4350 Springtree Drive Sunrise 33351 Jim Dolan 9541572-2424 olart ndsefl. av City of Sunrise 16450 Sludgemill Road Davie 33331 Hugo Alagic 9,%434-6900 halaoic0sunrisell.nov City of Tamarac 7803 NW 61 st SV"t Tamarac 33321 Anthony Licata 9541597-3777 nthon .ticata tarns U.S. Water {City of North 841 NW 71• Avenue North Lauderdale Rudy Perez 9541724.7071 Lauderdale Villa of Wallin n(Pebble) 1100 Wellington Trace Wellington 33414 Sean McFarland 561991-2465 dlage of Wellington(Granular) Water Redamatian,11860 Pierson Wellington 33414 Bryan Gayoso 5611753-2481 Rd 42 UNIT PRICING PROVIDED IN BID AS OF JULY 11, 2017 FOR AWARDED AGENCIES AGENCY DELIVERY ADDRESS ANNUAL PRICE FREIGHT TOTAL USAGE PER TON CHARGE COST DELIVERED Type 1-Pebble Lima Broward Countv Dist. 1 3701 N State Road 7 4,200 $150.94 $101.37 $252.31 Broward County Dist.2 1390 NE 51 St. 6,300 $150.94 $101.37 $252.31 Ci of Coral S rin s 1 3800 NW 85th Avenue,Coral Springs 1352 $150.94 $101.37 $252.31 Town of Davie 3500 NW 76th Avenue,Hollywood 750 $150.94 $101.37 $252.31 City of Deerfield Beach 290 Goolsby Blvd.-West Plant, Deerfield 1872 Beach $150.94 $101.37 $252.31 City of Fort Lauderdale 949 NW 38t'St.,Ft.Lauderdale 11,500 $150.94 $101.37 $252.31 Ci of Hallandale 2 215 NW 6th Avenue,Hallandale 900 $150.94 $101.37 $252.31 City of Lauderhill 2001 NW 49th Avenue,Lauderhill 1825 $150.94 $101.37 $252.31 City Of Miramar 2600 SW 66m Terrace,Miramar 953 $150.94 $101:37 $252.31 City of North Miami 12098 NW 111"Ave, North Miami 1,440 $150,94 $102.09 $253.02 Village of Palm S rin s 360 David Road,Palm Springs 600 $150.94 $101.37 $252.31 Village of Palm Springs 6618 Basil Drive,West Palm Beach 600 $150.94 $101.37 $252.31 City of Pompano Beach 301 NE 12th Street Pompano Beach 2,200 $150.94 $101.37 $252.31 City of Sunrise 4350 S rin tree Drive Sunrise 2,400 $150.94. $101.37 $252.31 City of Sunrise 15400 Sludge Mill Road,Davie 600 $150,94 $101.37 $252.31 U.S.Water(City of North 841 NW 713'Avenue.North Lauderdale 050 Lauderdale) $150.94 $101.37 $252.31 Village of Wellington 1100 Wellington Terrace,Wellin ton 1,240 $150.94 $112.01 $262.95 TYPE 1 A - Foundry/ Rice Lime City of Dania Beach 1201 Stirling Road,Dania Beach 320 $150.94 $101.37 $252.31 City of Delray Beach 201 SW 71h St.,Delray Beach 3,650 $15094 $101.37 $252.31 City of Hollywood 3441 Hollywood Blvd.,Hollywood 2.400 $150.94 $101.37 $252.31 City Of Margate 980 NW 661h Ave, Margate 2,000 $150.94 $101.37 $252.31 City of North Miami 19150 NW 8'"Ave, Miami Gardens 3,000 Beach 3 $150.94 $102.08 $253.02 City Of Pembroke Pines 7960 Johnson Street,Pembroke Pines 4,500 $150.94 $101.37 $252.31 City of Tamarac 7803 NW 61st Street,Tamarac 1,500 $150.94 $101.37 $252.31 TYPE 2-- HI CAL Granular 4 Villa a of Wellington 11860 Pierson Rd.,Wellington 20 $150.94 132.12 $283.06 Approximate Total Annual Tonnage Tonnagel 52,572 Delivery Location Special Conditions: 1 Coral Springs-Must deliver between 8:OOAM and 4:00PM Monday to Friday ONLY. 2 Hallandale Beach-Delivery to be made by a tanker truck @ 25 Tons/shipment. Lime to be pneumatically transferred from truck to silo. Delivery must be within 3 days of order. 3 North Miami Beach --At time of publication, the City of North Miami Beach was in the process of entering into an Agreement for the privatization of their Water Plant Operations. It is not certain if the new contractor will be utilizing the resultant agreement or not. Successful contractor to contact North Miami 43 Beach to determine if they will be purchasing Quicklime materials from this Agreement, or If their private contractor MI be purchasing on their behalf,or if no further purchases will be made using this Agreement. 4 Village of Wellington Utilizes Hi-Cal Granular Quicklime (Type 2). As detailed In specification for Hi-Cal Granular In Invitation for Bid 17-17B. Remainder of Page Intentionally Blank 44 ATTACHMENT 8 TRUCK FUEL SURCHARGE SCALE Truck Fuel Surcharges are a percentage of the truck freight rate for product movement from the bidder's distribution origin to the customer's site. Truck Fuel Surcharges are subject to change quarterly. • The percentage of the Monthly Truck Fuel Surcharge is computed by determining the Department of Energy's DOE Retail On-Highway Diesel Price-US Average index may be found at published on the 3rd Monday of the last month of the quarter. DOE Diesel Prices may be found at the following website: httas://www.eia.gov/oetroleumtgasdieseV • Percentages change.5%for every$0.05 per gallon price change DIESEL FUEL PRICE FS= %OF DIESEL FUEL PRICE FS= %OF NATIONAL AVERAGE FREIGHT RATE NATIONAL AVERAGE FREIGHT RATE $1.75 0.00% $3.00 13.00% $1.80 1.00% $3.05 13.50% $1.85 1.50% $3.10 14.00% $1.90 2.00% $3.15 14.50% $1.95 2.50% $3.20 15.00% $2.00 3.00% $3.25 15.50% $2.05 3.50% $3.30 16.00% $2.10 4.00% $3.35 16.50% $2.15 4.50% $3.40 17.00% $2.20 5.00% $3.45 17.50% $2.25 5.50% $3.50 18.00% $2.30 6.00% $3.55 18.50% $2.35 6.50% $3.60 19.00% $2.40 7.00% $3.65 19.50% $2.45 7.50% $3.70 20.00% $2.50 8.00% $3.75 20.50% $2.55 8.50% $3.80 21.00% $2.60 9.00% $3.85 21.50% $2.65 9.50% $3.90 22.00% $2.70 10.00% $3.95 22.50% $2.75 10.50% $4.00 23.00% $2.80 11.00% $4.05 23.50% $2.85 11.50% $4.10 24.00% $2.90 12.00% $4.15 24.50% $2.95 12.50% $4.20 25.00% 45 Purcl7aIng and Contracts Division AGREEMENT BETWEEN THE CITY OF TAMARAC AND CARMEUSE LIME AND STONE INC. THIS AGREEMENT is made and entered into thisJday of 3 11*tA , 20L7by and between the City of Tamarac, a municipal corporation with principal offices i9cated at 7526 N.W. 88th Ave., Tamarac, FL 33321 (the"CITY") and Carmeuse Lime and Stone Inc., a Pennsylvania Corporation duty registered as a Florida Foreign corporation with principal offices located at 11 Stanwyx Street, 2 Is'Floor, Pittsburgh,Pennsylvania 15222 (the"Contractor)to provide for Furnishing. Delivery and Discharge of HI CAL Bulk Granular Quicklime for the City of Hollywood, Florida through the Southeast Florida Governmental Purchasing Cooperative, Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1) The Contiract Documents The contract documents consist of this Agreement, Bid Document No. 17-22B, 'Furnish, Deliver and Discharge Quicklime", including all conditions therein, (General Terms and Conditions, Special Conditions and/or Special Provisions), drawings,Technical Specifications,all addenda, the Contractor's bid/proposal included herein,and all modifications issued after execution of this Agreement;and Contract Attachment A "Participating Agencies and Unit Pricing Provided in Bid",which Is a schedule of individual agencies participating in the bid and delivered unit pricing for individual delivery locations, and Attachment B,'Trucking Fuel Charge Scale".These contract documents form the Agreement,and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. In the event that there is a conflict between Bid Document No. 17-22B, "Furnish Deliver and Discharge Quickfirrid', as issued by the City, and the Contractor's Proposal, Bid Document No. 17-22B, as issued by the City shall take precedence over the Contractors Proposal. Furthermore, in the event of a conflict between this document and any other contract documents,this Agreement shall prevail. 2) The Work 2.1. The Contractor shall perform all work for the City required by the contract documents as set forth below: 2.1.1 Contractor shall furnish all labor,materials, and equipment necessary to Furnish, Deliver and Discharge Quicklime in accordance with the Technical Specifications, terms and conditions contained in Bid Document 17-228, "Furnish, Deliver and Discharge of Quicklime" for the City of Hollywood, Florida. through the City of Tamarac on behalf of the Southeast Florida Governmental Purchasing Cooperative fbr Type 2—H1 CAL Granular Quicklime. 2.1.2 Contractor shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Contractor shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. Contractor shall at all times have a competent field supervisor an the job site to enforce these policies and procedures at the Contractor's expense. 2.1.3 Contractor shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents or subcontractors,if any,with respect to the work and services described herein. 1 1 s 1 r r CftY Of rF31nat26 2.1.4 Contractor shall be required to complete the "Contractor Pass Request Form" (See attached Appendix A to Bid Document No. 17 22B),with photo identification of all personnel authorized to be on premises at City delivery sites.This farm will be sent to the awarded vendor(s)with the notification of award letter. 2.1.5 Personnel additions and/or deletions shall be reported to the City's designated representative in writing,via fax to a number to be provided by the using agency, within twenty four (24) hours of the personnel change, by modification of the names submitted on the original Contractor Pass Request Form. 2.1.6 All personnel shall check4n with the Security Guard or Operator on duty immediately upon arrival at any delivery location. Photo identification, purpose of visit,and name of City staff contact,shall be required for entry. 2.1.7 Contractor shall ensure that only authorized Contractor employees and/or authorized City personnel shall have access to Contractor/City vehicles, work site, equipment, work products, reports, electronic data and anytall other information pertaining to the City. Contractor shall not admit any unauthorized personnel onto any work site. Contractor will not release, discuss or share any information on systems,equipment and/or operations,to any non-City personnel. 2.1.8 Upon leaving premises, all personnel shall be required to check out with the Security Guard or Operator on duty. 3) Insurance 3.1. Contractor shall obtain at Contractor's expense all necessary insurance in such foram and amount as specified in the original bid document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, Builder's Risk and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. 3.2. Contractor shall Indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies.Insurance limits are outlined below: Insurance Requirements Liu of t3 Wrwss/Covemp Ocranence AWMaW UmIts C0"MWCbI6*n6MILWk"bKhWbW Perm Cantaclaw uablNty pan�l Ir4ury 51.GKOW S1.00010W Exploal00%tdlspse,UndsRnund Phurd Ptaduets/can p.erd opsnpon Brow Fam DOME@ Autamoblim LbbNay S4.00o.immm $1.00o aao oo Wahmie Onnprnstion S Empioyds Uslillity staWtory Purchestng and Contracts Division 4) Term The term of this Agreement shall be for an initial three (3) year period. beginning November 1, 2017 through October 31, 2020. The City reserves the right to renew this Agreement for three (3) additional one (1) years periods subject to the Contractor's acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. 6) contract Sum The Contract Sum for the above work for entities listed in Contract Attachment A'Participating Agencies and Unit Pricing Provided in Bid',shall be based on delivered cost per ton. The Contract sum includes all labor, materials and freight charges for the job also known as Bid No. 17-228, "Furnish, Deliver.and Discharge Quicklime'for the Southeast Florida Government Purchasing Cooperative entities listed In Contract Attachment A—Participating Agencies and Unit Pricing. All Terrns and Conditions, except product price, freight, transfer, and rail and truck fuel surcharges shall remain firm through the term of the contract, 5.1 Contract Pricing shall be based on delivered cost per ton.The Contract sum includes all labor, materials and freight charges. Initial pricing shall be held firm from November 1, 2017 through December 31,2017, and shall be based on the actual pricing adjustment submitted in October, 2017. Pricing changes will thereafter be allowable on a quarterly basis in accordance with Section 5.3, 'Escalation I De-escalation* shown herein. Attachment A. Participating Agencies and Unit Pricing Provided in Bid"provides the unit pricing submitted as of the bid opening date of July 11,2017. 5.2 In consideration of fluctuations in fuel prices, the City will allow rail and trucking fuel surcharges during the term of the contract. 5.2.2 Rail Surcharge—The rail fuel surcharge rate will be based on actual contracts, invoices or published rates of the contractors rail carrier. Contractor shall provide documentation regarding the rail carriees pricing as a part of the request for an adjustment to the rail surcharge. No surcharge will be applied on top of another one. The Bidder should provide a rail fuel surcharge schedule as part of their bid submittal in the area provided in Appendix B herein. 5.2.3 Truckina Surcharge--The truck fuel surcharge rate will be based on the Trucking Fuel Surcharge Scale contained in Appendix B herein,which shall be determined by referencing the Retail On-Highway Diesel Price—U.S.Average, as published by the U.S. Department of Energy, Energy Information Administration (DOE) for the third Monday of the final month of each quarter.The truck fuel surcharge will be applied to the base contract price per ton of quicklime transported effective with the start of the next quarter. No surcharge will be applied on top of another one. The bidder shall utilize the trucking fuel surcharge scale included in Attachment 8, 'Trucking Surcharge Scale" as a basis for adjustment and surcharge adjustments will be based on that scale. The DOE Retail On- Highway Diesel Price — US Average index may be found at: http:L/tonto.e a.doe.I _qov1ooqfinfo/wohdMtcflq_seI detail report combined asp, 5.3 Escalatloaft-escalation: 5.3.1 The City will accept price adjustments on a quarterly basis on January Is', April I si, July 1 rJ and October Is' of each year. The Contractor must submit sufficient documentation to be given consideration for a price Increase, and must pass-on a price decrease when the Contractor's costs are reduced. Approved documentation includes, but is not limited to published U.S. Department of Energy (DOE) reports on coal costs, Platys Coal Index, U.S. Bureau of Labor Statistics(BLS) reports on Producer Price Index (PPI) for all commodities, U.S. Oly at Tarnarae Energy Information Administration WTI publications on spot crude all prices, BLS Electric Power Generation, Transmission and Distribution Index, BLS Crushed and Broken Limestone Index, BLS mining Machinery and Equipment Index; and copies of vendor monthly internal cost reports and/or actual invoices. 5.3.2 Rail and Truck freight charges and changes for transfer costs require written verification from vendor's freight and transfer subcontractors, provided to the Purchasing & Contracts Division prior to initial contract term expiration of the Agreement. All Rail and Truck fuel surcharges will be applied initially on November 1,2017,subject to change as detailed in Section 5.1 herein. 5.3.3 The City acknowledges that Contractor's rail and truck carriers adjust fuel surcharges monthly. The Contractor will apply fuel surcharges for each quarter based on the amount of the rail and truck fuel surcharges in effect for the month preceding the quarterly price change as calculated in accordance with Section 5.2 of this Agreement, utilizing Appendix B to the original bid#17-22B. At the end of each quarter, the Contractor will process a "true up" by comparing the actual monthly rail and truck fuel surcharges for the quarter to the rail and truck fuel surcharges implemented at the time of the quarterly price change. Based on this comparison, the Contractor will issue the City a credit or debit that represents the variance. 5.3.4 Cost adjustments, in all cases, shall reflect only a direct pass-through of costs, and no changes to the Contractor's profit margin shall be permitted. The City and the Contractor may also utilize recognized govemment/industry indices or combination of indices to be mutually agreed upon by the City and Contractor, when determining price increases. 6) Payments A monthly payment will be made for work that is completed, accepted and properly invoiced. The City shall pay the Contractor for work performed subject to the specifications of Bid 17-22B. All payments shall be governed by the Local Government Prompt Payment Act, F.S., Part VII,Chapter 218. 7) Conditions of Material All materials and products supplied by the Bidder in coryunction with this bid shall conform to the specifications of the bid.The City reserves the right to retum the product to the Bidder and require the delivery of new product at no cost to the City. 8) Indemnification U The Contractor shall indemnify and hold harmless the City, its elected and appointed officials,employees,and agents from any and all claims,suits,actions,damages,liability, and expenses(including attorneys'fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof,directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Contractor or its officers, employees, agents, subcontractors, or independent Contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement,even though the claim may be made after the termination hereof. 4 1 1 . 1 r Per /tsrne �td Gon1C�Ci L7iylIan 8.2 Upon completion of all Services,obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. i. The Contractor shall pay all claims, losses, liens,settlements or judgments of any nature whatsoever in connection with the foregoing Indemnifications including, but not limited to, reasonable attorneys fees (including appellate attorney's fees) and costs. ii. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Contractor under the indemnification agreement. 0.3 The City and Contractor recognize that various provisions of this Agreement,including but not limited to this Section, provide for indemnification by the Contractor and requires a specific consideration be given there for. The Parties therefore agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specific consideration for such indemnities, and the providing of such indemnities is deemed to be part of the specifications with respect to the services to be provided by Contractor. Furthermore, the City and Contractor understand and agree that the covenants and representations relating to this indemnification provision shall serve the term of this Agreement and continue in full force and effect as to time City's and the Contractor's responsibility to indemnify. 8A Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768,28, as amended from time to time. R 9) Non-discrimination&Equal Opportunity Employment During the performance of the Contract, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity and expression, or disability if qualified. The Contractor will take affirmative action to ensure that employees and those of its subcontractors are treated during employment, without regard to their race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation,gender identity or expression, or disability if qualified. Such actions must include, but not be limited to,the following: employment, promotion; demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, Including apprenticeship. The Contractor and its subcontractors shall agree to post in conspicuous placers, available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that all subcontractors,if any,will be made aware of and will comply with this nondiscrimination clause. 10) independent Contractor This Agreement does not create an employee/employer relationship between the Parties.It is the intent of the Parties that the Contractor is an independent contractor tinder this Agreement and not the City's employee for any purposes, including but not limited to,the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Alit, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law, The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided,further that administrative procedures applicable to services rendered 5 City of Tamarac under this Agreement shall be those of Contractor,which policies of Contractor shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. 11) Assignment and Subcontracting Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 12) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person,sent by U.S.Certified Mail,U.S.Express Mail,air or ground courier services,or by messenger service,as follows: CITY City Manager City of Tamarac 7525 N.W.88th Avenue Tamarac,FL 33321 With a copy to City Attorney at the following address: Goren,Cherof,Doody&Ezrol,P.A. 3099 East Commercial Blvd.,Suite 200 Fort Lauderdale,FL 33308 CONTRACTOR Carmeuse Lime and Stone, Inc. 11 Stanwyx Street,21d Floor Pittsburgh, PA 15222 Attn: Jack Fahler.Vice President of Sales& Marketing (412)995-1053 Fax:(412)995.5585 13) Termination 13.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7)days of written notice by the terminating party to the other party for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. in the event that the Contractor abandons this Agreement or causes it to be terminated.Contractor shall indemnify the city against loss pertaining to this Germination. 13.2 Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the material terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty(30)days after receipt by Contractor of written notice of such neglect or failure. B fi ± urc)wjwtrg and ConrraGt,3 C?iYi rn„n 14) uncontrollable pore 14.1 Neither the City nor Contractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces,the effect of which, by the exercise of reasonable diligence,the non-performing party could not avoid.The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of Its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, stomas, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 142 Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch.The nonperforming party shalt,within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement.. 16) Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement,and is subject to termination based on lack of funding. 16) Venue This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 17) Signatory Authority The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 18) Severability;Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall,as to such jurisdiction,be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 18) Merger,Amendment This Agreement constitutes the entire Agreement between the Contractor and the C ty, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the City. 20) No Construction Against Drafting Party Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process In which each party was represented by counsel and contributed to the drafting of this Agreement: Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement,and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with,arising out of,or involving this Agreement, 7 1 ' 1 City of Tamarac 21) Public Records 21.1 The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall 21.1A Keep and maintain public records required by the City in order to perform the service; 21.1.2 Upon request from the City's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 21.1.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the City. 21.1.4 Upon completion of the contract,transfer,at no cost to the City, all public records in possession of the Contractor,or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract. the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. if the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records In a format that is compatible with the information technology systems of the City. 21.2 During the term of the contract, the Contractor shall maintain all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this corrtrea The form of all records and reports shag be subject to the approval of the City's Auditor.The Contractor agrees to make available to the City's Auditor,during normal business hours and in Broward,Dade or Patin Beach Counties,all books of account,reports and records mating to this contract. 22) Public Records Custodian IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 7525 NW 88TH AVENUE ROOM 101 TAMARAC, FL 33321 (954) 597-3505 CITYCLERK@TAMARAC.ORG a Purchasi»g and Contracts Division IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONTRACTOR, signing by and through its Vice President of Sates and Marketing duly authorized to execute same. CITY O RAC ter,Mayor D ATT Michael C.Cemech,City Manager 64 - t�c - Patricia A.Teufel,CIVIC Date City Clerk rAMA °t�y •'....,.•`'.'�l `� Approved to form and legal sufficiency: Date f�, l�.r Lp- c City-Affoniey 9 727 &., •'� Date .• '4• ATTEST. f, ?f� Ct?1.��`` � `'• CARMEUSE LIME AND STONE INC. Company Name Signa 7 t� of Corpora et Secretary Sig store U t A%Ak, )• l_c&i.A/ Jack Fahler,Vice President of Sates S Marketing TypelPrint Name of Corporate Secy. 7126M 7 (CORPORATE SEAL) Date i I 3 9 City of arnarac CORPORATE ACKNOWLEDGEMENT STATE OF Pennsylvania SS COUNTY OF Allegheny I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Jack Fahler, Vice President of Sales and Marketing for Carmeuse Lime and Stone, Inc.,a Pennsylvania Corporation duly registered as a Florida Foreign Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal thi ay of 20 �f'l W'/"L�S� COMMONWEALTH OF PENNSYLVANW Signa of Notary Public NOTARIAL SEAL State Lara Heather Sees, Notary pubik City Of Pittsburgh,Allegheny CmmV Zedie6rA- MY Commission Expires Sept. 14,2020 Print,Type ar Stamp A Name of Notary Public Ir Personally known to me or Produc Identification Y4 of I.D.Produ ❑ DID take an oath,or DID NOT take an oath. 41 III ` �Jr „ �'rrrc rasing and Contracts G�ivisirr ATTACHMENT A PARTICIPATING AGENCIES AND UNIT PAICING PROVIDED IN 810 Below is a list of the agencies participating in this Agreement and the respective delivery location: AGENCY DELIVERY ADDRESS CITYISTATEOP CONTACT PHONE/E-MAIL City of Hollywood 1621 N.1441 Avenue Hollywood 33022 Coy Mathis Ate: Steve 954i921-32138 Farteli ;MathijQhgllvwaodfl,om UNIT PRICING PROVIDED IN BID AS OF JULY 11,2017 FOR AWARDED AGENCIES AGENCY DELIVERY ADDRESS ANNUAL PRICE FREIGHT TOTAL USAGE PER TON CHARGE COST DELIVERED TYPE 2-- Hi CAL Granular 4 lCity of Hollywood lWastewater.1621 N. 14th Ave, Hollywood 5500 $175.00 $89.85 $264.85 Approximate Total Annual Tonnage Tonnagel 5500 Delivery Locadon Spacial Conditions: 4 City of Hollywood Utilizes Hi-Cal Granular Quicklime (Type 2). As detailed in specification for Hi-Cal Granular In Invitation for Sid 17-17B. Remainder of Page Intentionally Blank i # _T_____...... _... _�._v._.... 42 i ATTACHMENT B TRUCK FUEL SURCHARGE SCALE Truck Fuel Surcharges are a percentage of the truck freight rate far product movement from the bidder's distribution origin to the custDmer's site. Truck Fuel Surcharges are subject to change quarterly. • The percentage of the Monthly Truck Fuel Surcharge Is computed by determining the Department of Energy's DOE Retail On-Highway Diesel Price-US Average index may be found at: published on the 3rd Monday of the last month of the quarter. DOE Diesel Prices may be found at the following website: os:gM eia aov/petroleum/Qasdiese4l • Percentages change.5%for every$0.05 per gallon price change DIESEL FUEL PRICE FS=%OF DIESEL FUEL PRICE FS= %OF NATIONAL AVERAGE FREIGHT RATE NATIONAL AVERAGE FREIGHT RATE $1.75 0.00% $3.00 13.00% $1.80 1.00% $3.05 13.50% $1.85 1.500/0 $3.10 14.00% $1.90 2.00% $3.15 14.50% $1.95 2.50% $3.20 15.00% $2.00 3.000/6 $3.25 15.50% $2.05 3.50% $3.30 16,00% $2.10 4.00% $3.35 16.50% $2.15 4.50% $3.40 17.00% $2.20 5.00% $3.45 17.50% $2.25 5.50% $3.50 18.00% $2.30 6.00% $3.55 18.50% $2.35 6.50% $3.60 19.00% $2.40 7.00% $3.65 19.50% $2.45 7.50% $3.70 20.00%a $2.50 8.00% $3.75 20.50% 2.55 8.50% $3.80 21.00% $2.60 9.00% $3.85 21.50% $2.65 9.50% $3.90 22.00%n $2.70 10.00% $3.95 22.50% $2.75 10.50% $4.00 23.00% $2.80 11.00% $4.05 23.509/6 $2.85 11.50% $4.10 24.00% $2.90 12.00% $4.15 24.50% $2.95 12.50% $4.20 25.00% 43 CONTRACT RENEWAL THIS CONTRACT RENEWAL is entered into by and between the CITY OF DEERFIELD BEACH (CITY), a municipal corporation and SHRIVE CHEMICAL COMPANY(CONTRACTOR), as follows W I T N E 8 S E T H: WHEREAS,the CITY and CONTRACTOR entered Into an agreement for Sulfuric Acid 93%In Bulk pursuant to ITB#2012-13/18; and WHEREAS, the Initial CONTRACT term Is three (3) years, beginning June 1, 2013 and expiring May 31, 2016; and WHEREAS, the terms and conditions of the CONTRACT provide three (3) additional one (1)year renewal options; and WHEREAS, the CITY is exercising the right to extend the contract for the third (3rd)of the three(3) renewal periods; and WHEREAS, renewal of the CONTRACT is In the best Interest of the City; NOW THEREFORE, be it agreed by and between the parties as follows: Section 1. The above referenced Whereas clauses are true and correct and made a part hereof. Section 2. The contract renewal term shall begin on June 1, 2018 and will expire on May 31, 2019, (no more renewal options remain) unless otherwise terminated pursuant to the terms of the original CONTRACT, Section 3. All terms, conditions, and specifications of the original CONTRACT shall remain the same, I WITNES W EREOF the parties have caused these presents to be executed, J:EREOF th I nesse CITY OF DEERFIELD BEACH Y� -UUR EISIHANSON, CITY MANAGER Date: ATTEST: 0)— 941A,GICLY RD, CMC, CITY CLERK APPROVED A RM: AND RUw--,3"MAftQ- ft, CITY ATTORNEY CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE CORPORATION OR NONCORPORATION FORMAT, AS APPLICABLE. [If incorporated sign below.] Q.O TR6CJOB ATTEST: 45HRjave 4* don~y (Name of Corporation) r By (Secretary) (Sign ure) EbWA-,Xb T (Corporate Seal) (Type Name/Title Signed Above) m54- ay of SA-N U A-A V, 2011B . [If not incorporated sign below.) CONTRACTOR WITNESSES: (Name) By (Signature) (Type Name Signed Above) day of , 20,� CITY REQUIRES TWO (2) FULLY-EXECUTED CONTRACTS, FOR DISTRIBUTION 2