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R-2019-130 City authorizing the expenditure of funds for the purchase of various water treatment plant chemicals to be purchased from various chemical supply vendors under SE FL Gov. Purchasing Group
RESOLUTION NO. 2019-130 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, HYDROFLUOROSILICIC ACID (FLUORIDE), ANTI-SCALANT, ZINC ORTHOPHOSPHATE, SODIUM HYPOCHLORITE, POLYPHOSPHATE, SODIUM HYDROXIDE, CALCIUM OXIDE (QUICKLIME)) TO BE PURCHASED FROM VARIOUS CHEMICAL SUPPLY VENDORS UNDER THE SOUTHEAST FLORIDA GOVERNMENT PURCHASING COOPERATIVE GROUP CONTRACT PRICING FOR FISCAL YEAR 2019- 2020, TO BE VALID EACH YEAR THE CONTRACT IS IN PLACE AND MAY EXCEED THE 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 III, Article 3, Section 4, Subsection 0), authorizes the City Manager to purchase supplies, services, equipment and materials for the City government in amounts in excess of the established monetary threshold without competitive bidding and without advertisement for bids and is authorized to do so if a resolution is adopted in advance 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, or multiple agencies forming a co-op; 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 has determined that it is necessary to purchase certain chemicals for City use for treating drinking water; and WHEREAS, the Public Services Department 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 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 Purchasing Cooperative Group Contract to be valid each year that the contract is in place, copies of the contracts with the below list of vendors are attached as composite Exhibit "A" and incorporated by this reference: • Hawkins Company, Inc. • 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 ratified and confirmed to be true and correct and are made a part of and incorporated into this Resolution by this reference. Section 2. That the City approves the purchase of water treatment 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 treatment plant chemicals are planned and appropriated in the Fiscal Year 2019-2020 approved budget in the Water Fund Water Plant Division Account Number/Operating Supplies Chemicals Account No. 401-33-03-533-52-40 in the amount of One Hundred Ninety Thousand Dollars ($190,000.00). 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. 2 RESOLUTION#2019-130 PASSED and ADOPTED on October 28, 2019. ATTEST: THOMAS SCHNEIDER, CMC LO LE ELLEN CITY CLERK �' MAYOR H APPROVED AS TO FORM AND CORRECTNESS: �- T*M J. O CITY ATTO 3 RESOLUTION#2019-130 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 (piper@mvboca.us for placement on the NIGP SEFL website Cooperative contract page. BID/RFP No. 19-C-020F Description/Ttle: Furnish/Deliver Hydrofluosilicic Acid Initial Contract Term: Start Date: 8/19/19 End Date: 8/18/21 Renewal Terms of the Contract: 2 Renewal Options for 2 years 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: Hawkins Water Treatment Group, Inc. d/b/a The Dumont Company Vendor Address: 2381 Rosegate Contact: Raymond Pool, SE Regional Manager Phone: (800)330-1369 Fax: (800) 524-9315 Cell/Pager: (605)310-3325 Email Address: chuck.pool@hawkinsinc.com Website: FEIN: 41-0771293 SECTION#2 AWARD/BACKGROUND INFORMATION Award Date: 8/19/19 Resolution/Agenda Item No.: N/A Insurance Required: Yes X No Performance Bond Required: Yes No X SECTION#3 LEAD AGENCY Agency Name: City of Coral Springs Agency Address: 9500 W. Sample Rd. Agency contact: Roxanne Sookdeo Email rsookdeo@coralsprings.org Telephone: 954-344-1103 Fax: 954-344-1186 AGREEMENT BETWEEN THE CITY OF CORAL SPRINGS AND HAWKINS WATER TREATMENT GROUP,INC.,d/b/a THE DUMONT COMPANY TO FURNISH AND DELIVER HYDROFLUOSILICICCID THIS AGREEMENT,made and entered into the 9t � day of , 2019 by and between: CITY OF CORAL SPRINGS,FLORIDA a municipal corporation 9500 West Sample Road Coral Springs,Florida 33065 (hereinafter referred to as "CITY") and HAWKINS WATER TREATMENT GROUP,INC. d/b/a The Dumont Company a foreign corporation 2381 Rosegate Roseville,Minnesota 55113 (hereinafter referred to as"CONTRACTOR") IN CONSIDERATION of the mutual covenants and undertakings and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties do mutually covenant and agree as follows: SECTION 1. RECITALS The foregoing recitals are true and convect and are hereby incorporated into this Agreement. SECTION 2. PURPOSE CITY hereby retains CONTRACTOR to furnish and deliver hydrofluosilicic acid. SECTION 3. SCOPE 3.01 The City of Coral Springs, Florida, acting as lead agency on behalf of the Southeast Florida Governmental Purchasing Cooperative Group hereby desires to secure a source of supply of hydrofluosilicic acid for an initial period of two (2) years, beginning August 19, 2019, from a qualified vendor, hereinafter referred to as the CONTRACTOR, to furnish and deliver hydrofluosilicic acid to the CITY's storage facility in accordance with the specifications contained in this Agreement, with CONTRACTOR'S bid, attached hereto as Exhibit"A." Two (2) additional two (2) year periods may be recommended for approval providing the CITY and CONTRACTOR agree on the pricing, terms and conditions. The revised pricing sheet is attached hereto and incorporated herein as Exhibit `B." Prices quoted shall be firm for the duration of the contract term, except for any adjustment in accordance with Paragraph 18, Cost Page 1 of 17 Doc.133689 Adjustments. Estimated expenditures beyond the current fiscal year are contingent upon availability of funds budgeted for this purpose in future fiscal years. Any reference to a single entity shall apply to all entities. 3.02 This Agreement is entered into by the City of Coral Springs, Florida on behalf of the participating governmental entities within the Southeast Florida Governmental Purchasing Cooperative Group, (hereinafter referred to as "Group"), for the purchase of each governmental entities' estimated annual requirement. SECTION 4. SPECIFICATIONS Product must meet NFS/ANSI Standard 60 Chemical Requirements. Product must be 23-25% strength solution, less than 15-color,and less than 5-ppm Arsenic. SECTION 5. QUALIFICATIONS CONTRACTOR acknowledges that CONTRACTOR is authorized to actively engage in the sale of hydrofluosilicic acid and must regularly maintain a substantial stock of hydrofluosilicic acid bid upon. SECTION 6. MARKET CONDITIONS The CITY reserves the right to purchase hydrofluosilicic acid per specifications herein on the open market. If prices are less than the contract price,as long as the lower price is quoted under the same terms and conditions as the contact price, the CONTRACTOR shall meet these prices, and if CONTRACTOR is unable to do so, the CITY may either terminate the contract and re- advertise for bids or purchase hydrofluosilicic acid at a lower price from other suppliers. SECTION 7. DELIVERY 7.01 Hydrofluosilicic acid shall be delivered as needed within forty-eight (48) hours of phone call ordering same, between 8:00 a.m. —4:00 p.m. or as indicated by each cooperative entity in Special Requirements(annual usage sheet), Monday through Friday excluding holidays observed by CITY. Deliveries not complying with these requirements may be rejected by CITY in such event. CITY shall have the right to require CONTRACTOR to re-deliver the hydrofluosilicic acid at CONTRACTOR's sole expense. The hydrofluosilicic acid shall be delivered to the designated CITY's facilities and unloaded by the vehicle operator into the designated areas. Each entity will order no less than 200 gallons per delivery. 7.02 All prices quoted shall be DELIVERED, F.O.B., to each participating location. Prices quoted shall be firm for the contract, except for any adjustment, in accordance with Paragraph 18, Cost Adjustments,of this Agreement. Page 2 of 17 Doc.133689 SECTION S. SAFETY 8.01 CONTRACTOR shall be responsible for initiating,maintaining and supervising all safety precautions and programs in connection with the work. CONTRACTOR shall comply with the rules and regulations of the Florida Department of Commerce regarding industrial safety and with the standards set forth in the Occupational Safety and Health Act of 1970 (OSHA) and its amendments. 8.02 CONTRACTOR shall take all reasonable precautions for the safety of and shall provide all reasonable protection to prevent damage,injury or loss to: a. All employees on the work site and all other persons who may be affected thereby. b. The work and all materials and equipment incorporated therein. C. Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, structures and utilities not designated for removal, relocation or replacement in the course of the work. SECTION 9. WARRANTIES 9.01 Warranty of Specifications: CONTRACTOR warrants that all goods furnished, whether furnished by the CONTRACTOR or its sub-contractors and suppliers, will comply with the specifications, and other descriptions supplied or adopted. 9.02 Warranty of Fitness for a Particular Purpose: CONTRACTOR warrants the goods Shall be fit for and sufficient for the purpose(s) intended. The purpose(s) for which the goods covered by the contract is intended for use in potable water. 9.02.1 CONTRACTOR understands and agrees that the CITY is purchasing the goods in reliance upon the skill of the CONTRACTOR in furnishing the goods suitable for the above- stated purpose. If the goods cannot be used in the manner stated in this paragraph, then the CITY, at its sole discretion,may return the goods to the CONTRACTOR for a full refund of any and all moneys paid for the goods. 9.03 Warranty of Usage: No warranty is given or implied as to the total minimum quantity that will be purchased by the group from the CONTRACTOR. Any quantities listed are estimations and for tabulation and information purposes only. Quantities listed may be increased or decreased to meet the requirements of each government entity. 9.04 CONTRACTOR warrants to the CITY that it will comply with all applicable federal, state and local laws,regulations and orders in carrying out its obligations under the contract. 9.05 CONTRACTOR warrants to the CITY that it is not insolvent, it is not in bankruptcy proceedings or receivership, nor is it engaged in or threatened with any litigation, arbitration or Page 3 of 17 Doc.133689 other legal or administrative proceedings or investigations of any kind which would have an adverse effect on its ability to perform its obligations under the contract. 9.06 CONTRACTOR warrants to the CITY that the consummation of the work provided for in the contract documents will not result in the breach of any term or provision of,or constitute a default under any indenture, mortgage, contract, or agreement to which CONTRACTOR is a ply. SECTION 10. RISK OF LOSS The risk of loss, injury or destruction, regardless of the cause of the casualty, shall be on the CONTRACTOR until the delivery of goods to CITY's designated location, and inspection and acceptance of the goods by CITY. Title to the goods shall pass to CITY upon delivery and acceptance by CITY. SECTION 11. PERMITS,FEES AND NOTICES 11.01 CONTRACTOR shall secure and pay for all permits and licenses, which maybe required for the proper execution and completion of the work. CONTRACTOR shall use its best efforts to obtain all necessary permits as soon as possible after the date of contract commencement. Any delays in obtaining permits must be brought to the attention of the Purchasing Agent without delay. 11.02 CONTRACTOR shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the work. The CITY shall not be responsible for monitoring the CONTRACTOR's compliance with any laws or regulations. SECTION 12. TERMINATION 12.01 Upon seven (7) calendar days written notice delivered by certified mail, return receipt requested, to the CONTRACTOR, CITY may, without cause and without prejudice to any other right or remedy, terminate the Agreement for the CITY's convenience whenever the CITY determines that such termination is in the best interest of the CITY. Where the Agreement is terminated for the convenience of the CITY the notice of termination to the CONTRACTOR must state that the Agreement is being terminated for the convenience of the CITY under the termination clause and the extent of termination. Upon receipt of the Notice of Termination for convenience, the CONTRACTOR shall promptly discontinue all work at the time and to the extent indicated on the Notice of Termination, terminate all outstanding subcontractors and purchase orders to the extent that they relate to the terminated portion of the Agreement and refrain from placing further orders and subcontracts except as they may be necessary, to complete any continued portions of the work. 12.02 In the event CONTRACTOR shall default in or violate any of the terms, obligations, restrictions or conditions of this Agreement, the CITY shall give the CONTRACTOR written notice by certified mail of the default and that such default shall be corrected or actions taken to Page 4 of 17 Doc.133689 correct such default shall be commenced within ten (10)calendar days thereof. In the event the CONTRACTOR has failed to correct the condition(s) of the default or the default is not remedied to the satisfaction and approval of the CITY, the CITY shall have all legal remedies available to it, including, but not limited to, termination of this Agreement in which case the CONTRACTOR shall be liable for all re-procurement costs and any and all damages permitted by law arising from the default and breach of this Agreement. SECTION 13. ASSIGNMENT CONTRACTOR shall not assign or transfer its rights,title or interests in the agreement nor shall CONTRACTOR delegate any of the duties or obligations undertaken by Successful Bidder without CITY's prior written approval. SECTION 14. APPLICABLE LAWS,ORDINANCE,RULES,CODES AND REGULATIONS Familiarity with Laws: Notice is hereby given that CONTRACTOR must be familiar with all Federal, State and Local Laws,ordinances,rules,codes and regulations that may affect the work. Ignorance on the part of the CONTRACTOR will in no way relieve him from the responsibility of compliance therewith. SECTION 15. INDEMNIFICATION 15.01 The parties agree that one percent (1%) of the total compensation paid to the CONTRACTOR for services rendered during the term of this Agreement shall be construed as specific consideration for the indemnification agreement stated as follows: The CONTRACTOR agrees to indemnify, defend, save and hold the CITY, its officers, agents and employees, harmless from any and all claims, damages, liability, losses, causes of action of any nature whatsoever, which may arise out of, in connection with, or because of the services of the CONTRACTOR specifically including improper or inadequate supervision instruction and/or the use, maintenance or operations of the CONTRACTOR under this Agreement or the breach of this Agreement by the CONTRACTOR. 15.02 The CONTRACTOR shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection therewith, including but not limited to,attorney's fees and costs to defend all claims or suits, in the name of the CITY when applicable and shall pay all costs and judgments which may issue thereon. 15.03 The 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 the CONTRACTOR under this indemnification agreement. 15.04 Such indemnification shall not be limited to the amount of comprehensive general liability insurance which the CONTRACTOR is required to obtain under this Agreement. Nothing contained herein is intended nor shall be construed to waive the CITY's rights and immunities under the common law or Florida Statutes 768.28,as amended from time to time. Page 5 of 17 Doc.133689 15.05 PATENT AND COPYRIGHT INDEMNIFICATION: CONTRACTOR shall indemnify, save and hold harmless, the CITY, its officers, agents and employees from all claims, damages, Iosses, liabilities and expenses arising out of an alleged infringement of copyrights,patent rights, the unauthorized or unlicensed use of any material,property or other work in connection with the performance of the services provided pursuant to this Agreement. SECTION 16. SCRUTINIZED COMPANIES CONTRACTOR understands that pursuant to Section 287.135, a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with the CITY if the CONTRACTOR is on the Scrutinized Companies that Boycott Israel List, created pursuant to section 215.4725,Florida Statutes, as amended,or is engaged in a boycott of Israel.Additionally, CONTRACTOR understands that if the consideration for this Agreement exceeds one million dollars at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, and CONTRACTOR is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.73,Florida Statutes, as amended, or is engaged in business operations in Syria, that CONTRACTOR is ineligible to, and may not bid on, submit a proposal for, or enter into or renew a contract with the CITY. By entering into this Agreement, CONTRACTOR certifies that CONTRACTOR and its principals and/or owners are not listed on the Scrutinized Companies that Boycott Israel List, Scrutinized Companies with Activities in Sudan List, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or is engaged in business operations with Syria. In the event that CONTRACTOR is placed on the Scrutinized Companies that Boycott Israel List, engaged in a boycott of Israel, Scrutinized Companies with Activities in the Sudan List, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or is engaged in business operations with Syria, the CITY may immediately terminate this Agreement without any liability to CONTRACTOR notwithstanding any other provision in this Agreement to the contrary. SECTION 17. INSURANCE 17.01 CONTRACTOR shall secure and maintain, at its own expense, and keep in effect during the full term of this Agreement, a policy or policies of insurance, which must include the following coverages and minimum limits of liability: (1) Worker's Compensation Insurance for statutory obligations imposed by Worker's Compensation or Occupational Disease Laws, including, where applicable, the United States Longshoremen's and Harbor Worker's Act, the Federal Employers' Liability Act and the Jones Act. Employer's Liability Insurance shall be provided with a minimum of two hundred thousand and xx/100 dollars ($200,000.00) per accident. The CONTRACTOR agrees to be responsible for the employment, conduct and control of its employees and for any injury sustained by such employees in the course of their employment. Page 6 of 17 Doc.133689 (2)Commercial Automobile Liability Insurance for all owned,non-owned and hired automobiles and other vehicles used by the CONTRACTOR in the performance of the obligations of this Agreement with the following minimum limits of liability with no restrictive endorsements: $1,000,000.00 Combined Single Limit,per occurrence, Bodily Injury&Property Damage (3) Comprehensive General Liability (occurrence form) with the following minimum limits of liability with no restrictive endorsements: $1,000,000.00 Combined Single Limit, per occurrence, Bodily Injury & Property Damage. Coverage shall specifically include the following with minimum limits not less than those required for Bodily Injury Liability and Property Damage Liability: (a) Premises and Operations. (b) Independent Contractors. (c) Product and Completed Operations Liability. (d) Broad Form Property Damage. (e) Broad Form Contractual Coverage applicable to the Agreement and specifically insuring the indemnification and hold harmless agreement contained in this Agreement. (f) Owner's or Contractor's Protective Liability. 17.02 UPON CONTRACT EXECUTION, THE CONTRACTOR SHALL SUBMIT TO CITY COPIES OF ITS CERTIFICATE(S) OF INSURANCE EVIDENCING THE REQUIRED COVERAGES AND SPECIFICALLY PROVIDING THAT THE CITY OF CORAL SPRINGS IS AN ADDITIONAL NAMED INSURED OR ADDITIONAL INSURED WITH RESPECT TO THE REQUIRED COVERAGES AND THE OPERATIONS OF CONTRACTORS UNDER THE AGREEMENT. Insurance companies selected must be acceptable to CITY. All of the policies of insurance so required to be purchased and maintained shall contain a provision or endorsement that the coverage afforded shall not be canceled, materially changed or renewal refused until at least thirty (30) calendar days written notice has been given to the CITY by certified mail. 17.03 These insurance requirements shall not relieve or limit the liability of the CONTRACTOR. The CITY does not in any way represent that the types and amounts of insurance required hereunder are sufficient or adequate to protect the CONTRACTOR'S interests or liabilities but are merely minimum requirements established by the CITY'S Risk Management Coordinator. The CITY reserves the right to require any other insurance coverages that the CITY deems necessary depending upon the risk of loss and exposure to liability. 17.04 The required insurance coverage shall be issued by an insurance company authorized and licensed to do business in the State of Florida, with the minimum rating of B+ to A+, in accordance with the latest edition of A.M.Best's Insurance Guide. 17.05 The CONTRACTOR shall require each of its sub-contractors of any tier to maintain the insurance required herein (except as respects limits of coverage for employers and public Page 7 of 17 Doc.133689 liability insurance which may not be less than One Million ($1,000,000) Dollars for each category), and the CONTRACTOR shall provide verification thereof to the CITY upon request of the CITY. 17.06 All required insurance policies shall preclude any underwriter's rights of recovery or subrogation against the CITY with the express intention of the parties being that the required insurance coverage protects both parties as the primary coverage for any and all losses covered by the above described insurance. 17.07 CONTRACTOR shall ensure that any company issuing insurance to cover the requirements contained in this Agreement agrees that they shall have no recourse against the CITY for payment or assessments in any form on any policy of insurance. 17.08 The clauses "Other Insurance Provisions" and "Insured Duties in the Event of an Occurrence, Claim or Suit" as it appears in any policy of insurance in which the CITY is named as an additional named insured shall not apply to the CITY. The CITY shall provide written notice of occurrence within fifteen (15) working days of the CITY's actual notice of such an event. 17.09 The CONTRACTOR shall not commence performance of its obligations under this Agreement until after it has obtained all of the minimum insurance herein described and the same has been approved. 17.10 Violation of the terms of this Section and its subparts shall constitute a breach of the Agreement and the CITY, at its sole discretion, may cancel the Agreement and all rights, title and interest of the CONTRACTOR shall thereupon cease and terminate. SECTION 18. COST ADJUSTMENTS 18.01 All bid terms and conditions shall remain firm during the term of the contract. To qualify for a price adjustment for any renewal term; CONTRACTOR must submit documentation for product price changes to the CITY in writing ninety (90) days prior to the effective date of such an adjustment. Documentation shall include, but not be limited to, actual materials invoices, copies of commercial price lists, provision of appropriate indices, etc. which reflects said increases. 18.02 Additional approved documentation includes, but is not limited to published U.S. Department of Energy (DOE) reports on coal costs, U.S. Bureau of Labor Statistics (BLS) reports on Producer Price Index (PPI) for all commodities, U.S. Energy Information Administration WTI publications on spot crude oil prices, and copies of CONTRACTOR monthly internal cost reports and/or actual invoices. Rail and Truck freight charges and changes for transfer costs require written verification from CONTRACTOR'S freight and transfer subcontractors. 18.03 The Purchasing Administrator (or designee) must agree to and approve any proposed price increase(s) before its effective date. In the event the CPI or industry costs decline, the Page 8 of 17 Doc.133699 CITY shall have the right to receive from CONTRACTOR a reduction in costs equal to the percentage decrease, as calculated above, reflecting such cost decrease in the industry. The CITY reserves the right to accept or reject price increases, to negotiate more favorable terms or to terminate without cost,the future performance of the contract. SECTION 19. NEW CO-OP MEMBERS New members of the Group may be permitted to utilize the contract subject to the approval of the Group. Piggybacking by other agencies is strictly prohibited under the terms and conditions of this Cooperative Bid. However, any agreement between CONTRACTOR and other agencies that are not a part of this Bid is strictly between the parties and not the concern of the responsible agency,or the Southeast Florida Governmental Purchasing Cooperative Group. SECTION 20. SAFETY SEMINARS If requested by the Group, CONTRACTOR will be required to give a minimum of two (2)on-site training presentations per year. This presentation will cover all material safety data information, safe handling procedures, and proper usage of the particular chemical in the work environment as prescribed by the controlling regulatory agency for your industry. SECTION 21. TESTING Each governmental unit reserves the right during the contract period to determine by independent test if product supplied meets aforementioned specifications. The cost of test is to be paid for by the government unit if sample meets specifications and by bidder if it should not meet specification. In addition, the facilities of the Florida State Department of Agriculture Testing Laboratories may be used for any referee testing. Failure to meet specifications will result in prevailing testing rate costs to be borne by the supplier. SECTION 22. INVOICING A. All material shall be invoiced on a delivered basis,freight included. B. Each participating agency in the Group shall be billed separately. Addresses to be provided by each agency. C. Invoice to indicate purchase order number, unit price, extensions and total billed. Invoices for CITY shall be sent to Utilities Division, Department of Public Works, City of Coral Springs, 3800 NW 85t' Avenue, Coral Springs, Florida 33065, Attn: Juan Robby,Assistant Director of Public Works. SECTION 23. PAYMENTS 23.01 Full payment will be made within thirty (30) days after receipt and acceptance of the hydrofluosilicic acid. Agencies are exempt from both Federal and State taxes. The unit prices bid with increases or decreases allowed shall be used for the payment of all items and these unit prices Page 9of17 Doc.133689 shall be deemed to include payment in full for all transportation, labor and equipment used in delivering all material to the points of delivery. 23.02 CONTRACTOR will carefully review his promised shipping dates as the CITY will not pay any price increase adjustment if shipment is delayed beyond this promised delivery date and price increases are incurred after scheduled receiving date. SECTION 24. CANCELLATION OF ORDER If delivery requirements cannot be fulfilled by CONTRACTOR, the CITY reserves the right to cancel the order and make such purchase on the open market and CONTRACTOR will be liable for all price differences if delivery failure is not a case of FORCE MAJEURE, SECTION 25. FORCE MAJEURE 25.01 CONTRACTOR 'S failure to make, or buyer's failure to take, any delivery or deliveries when due, is caused by force majeure as hereinafter defined,shall not constitute a default hereunder nor subject the party so failing to any liability to the other;provided however,the party affected by such force majeure shall promptly notify the other of the existence thereof and of its expected duration and the estimated effect thereof upon its ability obligations hereunder. 25.02 Such party shall promptly notify the other party when such force majeure circumstances has ceased to affect its ability to perform its obligations hereunder. The quantity to be delivered hereunder shall be reduced to the extent of the deliveries omitted for such cause or causes, unless both parties agree that the total quantity to be delivered hereunder remains unchanged. As used herein, the term force majeure shall mean and include any ACT OF GOD or the public enemy, accident, explosion,fire, storm, earthquake, flood,drought,perils of the sea,strikes, lockouts, labor troubles, riots, sabotage, embargo, war (whether or not declared and whether or not the United States is a participant) Federal, State or Municipal Law, regulation, order license, priority, seizure, requisition,or allocation,failure or delay of transportation shortage of or inability to obtain supplies, equipment, fuel or labor, or any other circumstances of a similar or different nature beyond the reasonable control of the party so failing. SECTION 26. SAFETY MEASURES 26.01 CONTRACTOR shall assure each agency that each delivery truck will be in good mechanical condition,operated by a capable driver trained in the proper handling of hydrofluosilicic acid. 26.02 CONTRACTOR shall assure using agencies that when in the opinion of the using agency an emergency condition exists, TRAINED EMERGENCY CREWS and PROPERLY FITTED EQUIPMENT will be made available at a telephone call to the packaging plant, telephone answering service,or other assigned telephone number. 26.03 CONTRACTOR shall state location and phone numbers of nearest emergency crew. Page 10 of 17 Doc.133689 26.04 CONTRACTOR shall assure each agency that when in the opinion of the using agency a maintenance problem exists which is less than an emergency, remedial maintenance will be performed on existing problem by CONTRACTOR trained personnel within 24 hours after receipt of a maintenance problem call at the packaging plant, telephone answering service or other designated telephone number. 26.05 CONTRACTOR shall furnish using agencies with the following information, continually updated as revisions occur during the contract period: a. Location of nearest emergency station. b. Name of person in charge of emergency crew. C. Telephone numbers to be called for emergency service and/or normal maintenance. d. Time periods during which service will be available from the numbers indicated to assure 24-hour coverage. 26.06 At least every three (3) weeks, CONTRACTOR, shall advise the agencies by letter that the agencies have or have not in their possession hydrofluosilicic acid containers, which have been outstanding for ninety (90) days or in excess of ninety (90) days. Any listing of outstanding hydrofluosilicic acid containers shall include the type of container, serial number of container, delivery point,and other information CONTRACTOR and user considers pertinent. SECTION 27. ASSIGNABILITY CONTRACTOR shall not assign, transfer, sublet or subject any rights, obligations, facilities or services provided by or resulting from this Agreement unless prior approval is received from CITY in writing. SECTION 28. RECORDS AND AUDIT CITY reserves the right to audit the records of CONTRACTOR relating to this Agreement any time during the performance and tern of the Agreement and for a period of three (3) years after completion and acceptance by CITY. If required by CITY, CONTRACTOR shall agree to submit to an audit by an independent certified public accountant selected by CITY. CONTRACTOR shall allow CITY to inspect, examine and review the records of CONTRACTOR at any and all times during normal business hours during the term of this Agreement. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE CITY OF CORAL SPRINGS, DEBRA THOMAS, CMC, CITY CLERK, 9500 WEST SAMPLE ROAD, CORAL SPRINGS, FLORIDA 33065,DTHOMAS(a-),CORALSPRINGS.ORG,TELEPHONE NUMBER(954)344-1067. Page 11 of 17 Doc.133689 CONTRACTOR understands, acknowledges and agrees that CONTRACTOR shall, pursuant to Section 119.0701, Florida Statutes, as amended from time to time, do the following: (1) Keep and maintain public records required by CITY to perform the service. (2) Upon request from CITY's custodian of public records, provide CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes,or as otherwise provided by law or CITY policy. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by Iaw for the duration of the contract term and following completion of the contract if CONTRACTOR does not transfer the records to CITY. (4) Upon completion of the contract,transfer,at no cost,to CITY all public records in possession of CONTRACTOR or keep and maintain public records required by CITY to perform the service. If CONTRACTOR transfers all public records to CITY upon completion of the contract, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains public records upon completion of the contract, CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to CITY, upon request from CITY's custodian of public records, in a format that is compatible with the information technology systems of CITY. REQUEST FOR NONCOMPLIANCE (a) A request to inspect or copy public records relating to a CITY's contract for services must be made directly to CITY. If CITY does not possess the requested records, CITY shall immediately notify CONTRACTOR of the request, and CONTRACTOR must provide the records to CITY or allow the records to be inspected or copied within a reasonable amount of time. (b) If CONTRACTOR does not comply with CITY's request for records, CITY shall enforce the contract provisions in accordance with the contract. (c) Any CONTRACTOR who fails to provide the public records to CITY within a reasonable time may be subject to penalties under Section 119.10. CIVIL ACTION (a) If a civil action is filed against CONTRACTOR to compel production of public records relating to a CITY's contract for services, the court shall assess an award against Page 12 of 17 Doc.133689 CONTRACTOR the reasonable costs of enforcement, including reasonable attorney fees, if: (1) The court determines that CONTRACTOR unlawfully refused to comply with the public records request within a reasonable time; and (2) At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that CONTRACTOR has not complied with the request, to CITY and to CONTRACTOR. (b) A notice complies with subparagraph (a)2. if it is sent to CITY's custodian of public records and to CONTRACTOR at CONTRACTOR's address listed on its contract with CITY or to CONTR.ACTOR's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. (c) Any CONTRACTOR who complies with a public records request within eight(8) business days after the notice is sent is not liable for the reasonable costs of enforcement. SECTION 29. SEVERABILITY Should any part, term or provision of this Agreement be found invalid by a court of competent jurisdiction to be illegal or in conflict with any law of the State, the validity of the remaining portions or provisions shall not be affected thereby. SECTION 30. ENTIRE AGREEMENT;NO ORAL MODIFICATION This Agreement constitutes the entire and integrated agreement between the parties with regard to the matters set forth herein and supersedes all prior negotiations, representations or agreements whether written or oral. Modification to this Agreement can only be made in a written instrument executed by both parties. Reference to the Agreement shall be deemed to include any duly executed modification, change or supplement. The failure of a party to seek redress for violation of or to insist on strict performance of any of the covenants of this Agreement shall not be construed as a waiver or relinquishment for the future of any covenant, term,condition or election but the same shall continue and remain in full force and effect. SECTION 31. NO REPRESENTATIONS BY CITY Neither CITY nor their officers, agents and/or employees have made any representation or promises except as expressly set forth in this Agreement. Page 13 of 17 Doc.133689 SECTION 32. INSOLVENCY In the event that either party shall become insolvent, make a general assignment for the benefit of creditors, suffer or permit the appointment of a receiver for its business or its assets or shall avail itself of, or become subject to, any proceeding under the Federal Bankruptcy Act or any other statute of any state relating to insolvency or the protection of rights of creditors, or become subject to rehabilitation, then, at the option of the other party and immediately upon written notice,this Agreement shall terminate and be of no further force and effect. SECTION 33. CONFLICT OF INTEREST 33.01 CONTRACTOR covenants that no person under its employ who presently exercises any functions or responsibilities in connection with this Agreement has any personal financial interests, direct or indirect, with CITY. CONTRACTOR further covenants that, in the performance of this Agreement, no person having such conflicting interest shall be employed. Any such interests,on the part of CONTRACTOR or its employees,must be disclosed in writing to CITY. 33.02 CONTRACTOR is aware of the conflict of interest laws of the Municipal Code of the City of Coral Springs,Broward County and the State of Florida,Chapter 112,Florida Statutes,as amended from time to time, and agrees that it will fully comply in all respects with the terms of said laws. 33.03 CONTRACTOR warrants that it has not employed or retained any person employed by CITY to solicit or secure this Agreement and that it has not offered to pay,paid,or agreed to pay, any public official or person employed by CITY any fee, commission,percentage, brokerage fee or gift of any kind,contingent upon or resulting from the award of this privilege. SECTION 34. COMPLL,NCE WITH LAWS The CONTRACTOR shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida,City of Coral Springs and of any other public authority,which may be applicable to this Agreement. SECTION 35. NOTICES All notices and other communications required or permitted under this Agreement shall be in writing and given by hand delivery; registered or certified mail, return receipt requested; or overnight to: CITY: Lluis Gorgoy,Purchasing Manager City of Coral Springs 9500 West Sample Road Coral Springs,Florida 33065 Telephone: 954-344-1102 Email: lgorgoy@coralsprings.org Page 14 of 17 Doc. 133689 Copy to: Richard Michaud,Director of Public Works City of Coral Springs 9500 West Sample Road Coral Springs,Florida 33065 Telephone: 954-344-1165 Email:rmichaud@coralsprings.org Juan Robby,Assistant Director of Public Works City of Coral Springs 3800 NW 85t'Avenue Coral Springs,Florida 33065 Telephone: 954-345-2161 Email:jrobby@coralsprings.org CONTRACTOR: Raymond Pool, SE Regional Manager Hawkins Water Treatment Group,Inc. d/b/a The Dumont Company 2263 Clark Street Apopka,Florida 32703 Telephone: (800)330-1369 Email: chuck.pool@hawkinsinc.com SECTION 36. GOVERNING LAW,VENUE Any claim,objection or dispute arising out of the terms of this Agreement shall be litigated in the Seventeenth Judicial Circuit in and for Broward County, Florida. The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Page 15 of 17 Doc.133689 IN WITNESS WHEREOF, the CITY OF CORAL SPRINGS and HAWKINS WATER TREATMENT GROUP, INC., d/b/a THE DUMONT COMPANY, have caused these present to be executed in their respective names by the proper officials the day and year first above written. ATTE T: CITY OF CORAL SPRINGS,FLORIDA ��ka- 16M 0- Z'- DEBRA THOMAS,CRC, City Clerk Lluis Gorgoy, Purchasing Manager APPROVED AS TO FORM: SF-TERRY W11TACRE,Deputy City Attorney Page 16 of 17 Doc.133689 HAWEINS WATER TREATMENT GROUP,INC. d/b/a The Dumont Company Title: 'M Print Name: . b tva Pot- State State of Hon du,. County of Orav On this, the day of 2019, before me, the undersigned No Public of the tate of Ronda. , the foregoing instrument was acknowledged by - r'LA- altt..._(name) Kailm, (title) of I-)-W(q n5 f oL (corporati n),a M tj, (stateycorporaOon, on behalf of the corporation. WITNESS my hand and official seal Notary Public, State of ,,,ti, * * + . Printed,typed e@0A%T tart' Public exactly as commissioned Personally known to me,or Produced identification: t�JA (type of identifi ation produced) Page 17 of 17 Doc.133689 .R+ 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 (piper@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 Stanwlx 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: 5d1'siofeccame°se°a.cem/Fomest.Meeks@carme°se°a.`°m Website: wvvw.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: NIA 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 1 July 12, 2017 CITY OF TAMARAC, FLORID)�J A RESOLUTION NO. R-2017--j—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 City'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 "'I"; 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 1-', January 1 st,Ap61 1$' and July 1 st 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 17-22B 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 Forth 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 (1) 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 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. 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. i 1 1 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, LI_C as part of said award, a copy of which is attached hereto as Exhibit "2" 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 03" 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 day of 2017. DEBRA PLACKO VICE MAYOR ATTEST: Jop .... ATRICIA TEUF CMC CITY CLERK It RECORD OF COMMISSION VOTE- MAYOR DRESSLER DIST 1: COMM. BOLTON DIST 2: COMM. GOMEZ DIST 3: COMM. FISHMAN DIST 4: VICE MAYOR PLACKO 1 HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM �4EL S. GOREN TORNEY J; AGREEMENT BETWEEN THE CITY OF TAMARAC AND LHOIST NORTH AM ERICA OF ALABAMA,LLC THIS AGREEMENT is made and entered into this 23 day of 20 Pby and between the City of Tamarac, a municipal corporation with principal office located at 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. 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 Quicklime", as issued by the City, and the Contractor's Proposal, Bid Document No. 17-228, 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 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 $-'252,31 $ 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 $ 252.31 $ 472,324.32 City of Fort Lauderdale 949 NW 381h St.,Ft.Lauderdale 11,500 $ 232.48 $ 92.64 $ 325.12 $ 150.94 $ 101.37 $. 252.31 $ 2,901,565.00 City of Hallandale(2) 215 NW 6th Avenue,Hallandale 900 $ 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 953 $ 232.48 $ 92.64 $ 325.12 $ 150.94 $ 101.37 $ 252.31 $ 240,451.43 City of North Miami 12098 NW 11`h 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 600 $ 232.48 $ 92.64 $ 325.12 $ 150.94 $ 101.37 $,i252.31 $ 151,386.00 Village of Palm Springs 5618 Basil Drive,West Palm Beach 60 $ 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 2,200 $ 232.48 $ 92.64 $ 325.12 $ 150.94 $ 101.37 $ 252.31 $ 555,082.00 City of Sunrise 4350 Springtree Drive,Sunrise 2,400 $ 232.48 $ 92.64 $ 325.12 $ 150.94 $ 101.37 $`252.31 $ 605,544.00 City of Sunrise 15400 Sludge Mill Road,Davie 600 $ 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 650 $ 232.48 $ 92.64 $ 325.12 $ 150.94 $ 101.37 $ 252.31 $ 164,001.50 Village of Wellington 1100 Wellington Terrace,Wellington 1,240 $ 232.48 $ 92.64 $ 325.12 $ 150.94 $ 112.01 $ 262.95 $ 326,058.00 TYPE 1A-Foundry/Rice Lime City of Dania Beach 1201 Stirling Road,Dania Beach 320 $ 232.48 $ 92.64 $ 325.12 $ 150.94 $ 101.37 $ 252.31 $ 80,739.20 City of Delray Beach 201 SW 7th St.,Delray Beach 3,650 $ 232.48 $ 92.64 $ 325.12 $ 150.94 $ 101.37 $ .252.31 $ 920,931.50 City of Hollywood 3441 Hollywood Blvd.,Hollywood 2,400 $ 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 3,000 $ 232.48 $ 92.64 $ 325.12 $ 150.94 $ 102.08 $ 2S3.02 $ 759,060.00 City Of Pembroke Pines 7960 Johnson Street,Pembroke Pines 4,500 $ 232.48 $ 92.64 $ 325.12 $ 150.94 $ 101.37 $ 252.31 $ 1,135,395.00 City of Tamarac 7803 NW 61st Street,Tamarac 1,50 $ 232.48 $ 92.64 $ 325.12 $ 150.94 $ 101.37 $ 252.31 $ 378,465.00 TYPE 2-- Hi CAL Granular(4) City of Hollywood Wastewater,1621 N14th Ave,Hollywood 5,500 $ 175.00 89.85 $- 264.8S $ 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 Fields reflect Recommended Awardee for each item 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 shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's liability Insurance policies. Insurance limits are outlined below: insurance Ftequirements Une of Business/Coverage Occurrence r Aggregate limits commercial General Liability induding: Premises/Operation contractual Liability Personal irljwy wo Explosions Collapse,Underground Hazard $1'tkk1,000 $1' r Proaxta/Complated operation Broad Form Property Damage __ _ -#�onriiaisil}bir stxf Sawnbiiilt*aF — AutomobileLbsbft u,000,00moo $1,0KOM00 Wailers'Compensation&Employers Liability statutory 1 1 • `- — —.—^�_rol"3�_. _ .- - — —---' '-- ---_ - _.._ -�f'",e i.�e•uNay�rvj(✓rrt!tI<R��x_- $a 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. 5) 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. 17-22B, "Furnish, 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 B herein. 5.2.3 Trucking Surchame-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 buck 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: htta://tonto.eia doe ciov/oogrnfo/wohdt)/diesel detail report combined-asp, 5.3 Escalation/De-escalation: 5.3.1 The City will accept price adjustments on a quarterly basis on January 151, April 151, 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 I 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 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 governmentrindustry 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 conjunction with this bid shall conform 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 Cily. 8} Indemnification 8.1 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 attomeys'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 v + 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 attorney's fees (including appellate attorneys 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. 8.3 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 the Citys 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 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 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 employee/employer 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 Contractor's activities and responsibilities hereunder provided,further that administrative procedures applicable to services rendered 5 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 Attomey at the following address: Goren,Chard,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. s i 1 ' 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 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, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 14.2 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 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. 111) 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. 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 0 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: 21AA 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 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- - - -- - - , - --- - - - --- - -- ,-- - 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 ti( � tit a essler,Mayor Dat ATT Mithaell C.Cemech,City Manage 4y�m Ok"'�H 12L Patricia A.Teufel,CMC Date City Clerk � Q p F TA � Approve s to form and(e a uffi iency: O /IDate .,O w .ESTABLISHED*' ,,, _ ey 0: 1963 • Q �2Z� ��'• SEA '9 L •.•' ~Date ATTEST: "�'/' 'OUNI'q`\\` LHOIST NORTH AMERICA OF ALABAMA,LLC Company Name ignature of Corporate Secretary Signature VeNN61M f. Wu266 Ron Thompson,CEO Type/Print Name of Corporate Secy. '7lk 11-7 (CORPORATE SEAL) 134te 9 4 CORPORATE ACKNOWLEDGEMENT STATE OF -'` S s COUNTY OF 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._102a` 0/ 1. Signature of Notary Public Xo%%% 11011 jil, State of4ge"at Large 0 0 L'SEtii M.R�- so- .so 3 Poe pt lid, Print,Type or Stamp Name of Notary Public Personally known to me or Produced Identification Type of I.D.Produced &J--'DID take an oath,or El DID NOT take an oath, 41 1 1 • 1 `r t-;177 a, + �.,"+. ';'�ti ref•1"l+' �!i+�f 1�1'!, 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 I E-MAIL Broward County Dist.1A 3701 N State Road 7 Lauderdale Lakes 33319 Michael Belight 954/831-0944 MBE I HT bMjbg . Broward County Dist.2A 1390 NE 51 St. Pompano Beach 33064 Michael Williams 954/831-4117 MWILLIAMSObroward.gM City of Coral Springs 3800 NW 85th Avenue Coral Springs 33085 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 Pskidmoraftdaniabaschtooy City of Delray Beach 201 SW 79'St. Delray Beach 33444 John Bullard 561/243-7319 fl Town of Davie 3500 NW 76'Avenue Hollywood,FL 33024 Stanley Ebanks Raul 954/327-3750 9541327-3748 Sotelo City of Deerfield Beach 290 Goolsby Blvd. Deerfield Beach 33442 Albert Jemej 9,W480-4370 6jtgmeifteerfield- City of Fat Lauderdale 949 NW 38t°Street Oakland Park,33309 Cesar Alm 964/828-7865 City of Hallandale Beach 630 NW 2'd Street Hallandale 33009 John Fawcett 950457-1632 ffawcettjQggtqor City of Hollywood 3"1 Hollywood Blvd. Hollywood 33021 Carlos Aguilera 9641967-4230 caguileraMollywoodfl.org City of Hollywood 1621 N.141'Avenue Hollywood 33022 Coy Mathis Attn: Steve 9W921-3288 Farrel cmathisiShollvwoodfl.ora S 11 '2bL1lywi)odfl.oru City of Lauderhill 2101 NW 49th Avenue Lauderhill 33313 Neil Buckeridge 954CT30-2972 nbuckefidoaaDlauderhill-ft.gov City Of Margate 980 NW 66 Ave. Margate 33063 Richard Uber 9W972-0828 City Of Miramar 2600 SW 66*Terrace Miramar 33023 Jeffrey Pinter/Stephen 9541883.6864 Glatthom ippin i . ov;9541883- 5143 Watthom0ftiramarfi.00v City of North Miami 12098 NW 11 Ave. North Miami 33168 isler Pierre-Louis 305/895-9834 City of North Miami Beach' Norwood Water Plant, 1915D NW Miaml Gardens 33169 Carlos Carrazana 3051654-6460 801 Avenue C�dos.SIMIzana Village of Palm Springs 360 Davis Road Palm Springs 33461 Brent Watson 5611315-0674 n0vosfi,oro Village of Palm Springs 5618 Basil Drive West Palm Beach 33415 Brent Watson 5611315-0674 watson0vrisfi.oro City Of Pembroke Pines 7960 Johnson Street Pembroke Pines 33024 Juquitta Drieth 9541986-5009 iuQUfta-dr1dh6-CHZMxom City of Pompano Beach 301 NE 1201 Street Pompano Beach 33060 Jason Mraz 954/545-7W6 jawn-miraz6ftoobfi,com City of Sunrise 4350 Springtree Drive Sunrise 33351 Jim Dolan 954/572 2424 idolatift-sundsefl.gpy City of Sunrise 15450 Sludgemill Road Davie 33331 Hugo Alagic 9541434-6900 v City of Tamarac 7803 NW 61 st Street Tamarac 33321 Anthony Licata VW597-3777 anthorty.licata0tamarac.ora U.S. Water (City of North 841 NW 710 Avenue North Lauderdale Rudy Perez 9541724.7071 Lauderdale village of Wellington Pebble 1100 Wellington Trace Wellington 33414 Sean McFarland 561/791-2465 Village of Wellington(Granular) Water Reclamation,11860 Pierson Wellington 33414 Bryan Gayoso 561/753-2481 Rd 42 WIN MR We WE -j 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 County Dist. 1 3701 N State Road 7 4,200 $150.94 $10137 $252.31 Broward County Dist.2 1390 NE 51 St. 6,300 $150.94 $101.37 $252.31 City of Coral Springs Q 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 38th St.,Ft.Lauderdale 11,500 $150.94 $101.37 $252.31 City 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 $252.311 City Of Miramar 2600 SW 66th Terrace,Miramar 953 $150-94 $101-37 $252.31 City of North Miami 12098 NW 11 1h Ave, North Miami 1,440 $150.94 $102.08 $253.02 Village of Palm Springs 360 David Road,Palm Springs 600 $150.94 $101.37 $252.31 Village of Palm Springs 5618 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 Springtree Drive, Sunrise 2,400 $15M94 $10137 $252.311 City of Sunrise 15400 Sludge Mill Road,Davie 600 $150.94 $101.37 $252.31 U.S.Water(City of North 841 NW 7131 Avenue,North Lauderdale 650 Lauderdale) $150S4 $101.37 $252.31 Village of Wellington 1100 Wellington Terrace,Wellington 1,240 $150.94 $112.01 $262.95 TYPE 1A - Foundry/ Rice Lima City of Dania Beach 1201 Stirling Road,Dania Beach 320 $150.94 $101.37 $252.31 City of Delray Beach 201 SW Th St., Delray Beach 3,650 $150.94 $101.37 $252-31 City of Hollywood 3441 Hollywood Blvd.,Hollywood 2,400 $150.94 $101.37 $252.31 City Of Margate 980 NW 66m Ave, Margate 2.000 $15054 $10L37 $252.31 City of North Miami 19150 NW 8th Ave, Miami Gardens 3,000 Beach(3) $150.94 $102.08 $253.02 Ci!y 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 t4) Village of Wellington 11860 Pierson Rd,,Wellington 20 $150.94 132.12 $283.06 Approximate Total Annual Tonnage 52,572 Delivery Location Special Conditions: 1 Coral Springs-Must deliver between 8:00AM and 4:OOPM 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- WWI- rf' _ T�,'. .�.�.._- - -_._...:.. ._raSY,ty7_F'�l 'r71 ;ri: ^�J-✓_ .. , Beach to determine if they will be purchasing Quicklime materials from this Agreement, or if their private contractor will 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 B 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: httr>s:/Iwww.eia.gov/petroleum/a-asdiesel/ • Percentages change.5%for every$0.05 per gallon price change DIESEL FUEL PRICE FS= c/b OF DIESEL FUEL PRICE FS= I*/*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% $115 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% $2,5 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 Pur clm lnq mid Contracts Division AGREEMENT BETWEEN THE CITY OF TAMARAC AND CARMEUSE LIME AND STONE INC. THIS AGREEMENT is made and entered into this J 3 day of � . 20.7by and between the City of Tamarac, a municipal corporation with principal offices &ated at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the 'CITY") and Carmeuse Lime and Stone Inc., a Pennsylvania Corporation duly registered as a Florida Foreign corporation with principal offices located at 11 Stanwyx Street, 2151 Floor, Pittsburgh, Pennsylvania 15222 (the"Contractor')to provide for Fumishing, Delivery and Discharge of HI CAL Bulk Granular Quicklime for the City of Hollywood, Florida through the Southeast Florida Govemmental 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. 17-22B, 'Furnish, Deliver and Discharge Quicklime", including all conditions therein, (General Terms and Conditions, Special Conditions and/or Special Pmvislons), 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 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 fumish 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 of Quicklime"for the City of Hollywood, Florida, through the City of Tamarac on behalf of the Southeast Florida Govemmental Purchasing Cooperative for Type 2—HI 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 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. 1 1 t • 1 r it%7}/ofi3ti�7f8G !''�rt�`ri:s_'.tr;.' 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 anylall 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 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 Une at Business/Coverage 0cmrrence AgVegaw tlmlts C*mmwdAGienenl iKudirw pm"isw co"N teal ual ility $110M%00111 Sir rl"D Explod ao%Cailapsa,Urdartr and Hazard ProdwWCam platrd Gpaattoa /woad Farm Damao Auteumbile u.bNky $:4000,000 W si amoamw warkae'ampm"tlan&Empt"oes unminlr statutary Purchasino and Contracts Diylsren 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. 5) 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. 17-22B, "Furnish, 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 tricking 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 shah 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 B 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: httv://tonto.eia.doe.ctov/oocifinfo/wohdo/diesel detail report combined.asp, 5.3 Escalation/De-escalation: 5.3.1 The City will accept price adjustments on a quarterly basis on January 15r, April 181, July tat and October 1°1 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 C7ry of Tarnar+9Cr Energy Information Administration WTi publications on spot crude oil pries, 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. &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. S) 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 conjunction wdth 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 8.1 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 i 1 • ! +' ' T" - - _ ParCha!�ina and Conrr ic►s Divisiao 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 attorney's fees (including appellate attorneys 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. 8.3 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 the 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. 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 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 helshe 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 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 Contractor's activities and responsibilities hereunder provided,further that administrative procedures applicable to services rendered 5 i • i City or 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: c1Ty 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,2121 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 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 PUrd7nt rng and Contracts OjVlSiS)n 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 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, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. %2 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 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 Agreenent. 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 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. 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 C 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 City c;fTamarac ME _ _ 21) Public Records 21A 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 CiWs 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 ac counfing practices and standards for records directly related to this contract.The fort 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 a • i 1 • / Purchawag and Contracts Divisii)n 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 Sales and Marketing duly authorized to execute same. CITY O C (� CGS ler,Mayor Woz3 a70! D ATT Michael C.'Cemech,City Manager .�{ 4 ~ � fwiX Patricia A.Teufel,CIVIC Date City Clerk ��`�•�A MqR��, . q• •9 � 'Approved to form and legal sufficiency: Date �-., „. ' 11 ti. B``S�{EQ'•�^'Cr d g63 try y 1 Date ATTEST: ,,rf? t^C?��1�` ``� CARMEUSE UME AND STONE INC. r r r ►,•�''' Company Name 6 Signa of Corporate Secretary Sig ature ,h L. !'I Ln�; �• �c•tr r�✓ Jack Fahier,Vlce President of Sales&Marketing Type/Print Name of Corporate Secy. 7/2G117 (CORPORATE SEAL) Date E P City of rarnarac 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, )Ace 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. 710C WITNESS my hand and official seal-thip y of .209Q-A of'OLZ COMMONWEALTH f17 Signs of Notary Public NOTARIAL SEAL State Lars Heother Sees, Notary Public City of Pittsburgh,Allegheny County My Commission EXPirs$Sept. 14, 2020 Print,Type or Stamp A AS$ Name of Notary Public "Ap Personally known to me or Produ Identification Id IN of I.D.Produ ❑ DID take an oath,or DID NOT take an oath. 41 Purcha,,ng and Contracts Diyiaior7 ATTACHMENT A PARTICIPATING AGENCIES AND UNIT PRICING PROVIDED IN BID Below is a list of the agencies participating in this Agreement and the respective delivery location: AGENCY DELIVERY ADDRESS CITY/STATEOP CONTACT PHONE I E-MAIL City of Hollywood 1621 N.14"'Avenue Hollywood 33022 Coy Mathis Attn: Steve 9541921.3288 Farrell cmathisdiih Qj 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 ,Cityof Hollywood Wastewater, 1621 N. 141^Ave, Hollywood 5500 $175.001 $89.85 $2ti4.85 Approximate Total Annual Tonnage Tonnagel 5500 Delivery Location Special Conditions: 4 City of Hollywood Utilizes Hi-Cal Granular Quicklime (Type 2). As detailed in specification for Hi-Cal Granular in Invitation for Bid 17-178. Remainder of Page Intentionally Blank r _-- 42 ATTACHIMENT-B 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"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: https://www.eia.c3ovipetroleumi-gasdieseV • 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% $3.65 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% 43 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 (piper@mvboca.us for placement on the NIGP SEFL website Cooperative contract page. BID/RFP No. 12006-372 Description/Title: Sodium Hypochlorite Initial Contract Term: Start Date: 10/03/2017 End Date: 10/02/2019 Renewal Terms of the Contract: 2 Renewal Options for 1 (No.of Renewals) (Period of Time) Renewal No. 1 Start Date: 10/3/19 End Date: 10/2/20 Renewal No. Start Date: End Date: Renewal No. Start Date: End Date: SECTION#1 VENDOR AWARD Vendor Name: Allied Universal Corporation Vendor Address: 3901 NW 115 Ave, Miami, FL 33178 Contact: Cristhianne Munguia Phone: (305) 888-2623 Fax: (786) 522-0215 Cell/Pager: Email Address: CristhianneM@Allieduniversal.com Website: FEIN: SECTION#2 AWARD/BACKGROUND INFORMATION Award Date: 10/03/2017 Resolution/Agenda Item No.: 17-1079 Insurance Required: Yes X No Performance Bond Required: Yes No X SECTION#3 LEAD AGENCY Agency Name: City of Fort Lauderdale Agency Address: 100 N. Andrews Avenue, Fort Lauderdale, FL 33301 Agency contact: Stefan Mohammed Email Smohammed@fortlauderdale.gov Telephone: (954) 828-5351 Fax: (954) 828-5576 City of Fort Lauderdale•Procurement Services Division 100 N.Andrews Avenue,619•Fort Lauderdale, Florida 33301 984-82"933 Fax 954-828-5576 www.fortlauderdale.gov Jung 21,201 -Alfieds Universal Attn: James Palmer 3901-NW 115 Avenue Miami,FIL 33178 SUBJECT:. Renewal of Term Contract for Sodium Hypochlodte, ITB-12006-372, Amendment 1 Dear James Palmer: The subject Contract will expire on October 2,.2019. In accordance with the terms and coriditioris of the subject Contract, the Contract may, by mutual consent of the parties, be renewed for an additional twelve(12) month period. The City would like'10 exerclse the right to renew this Contract for an additional year effective October 1, 2019,•at the existing pricing,terms and conditions. Please indicate your approval of this offer, by having an officer of your firm execute the 0 ptance portion below and return this letter by email to Teresa Wrighte at twrighMi-tiauderdale,gov by June 28, 2019, Upon execution below by your firm's authorized representative, this Amendment will be your offid at-notice that the Contract hais ,been extended for one (1) year and no addihQrta domMontation will be required. Please be sure any:,r*quired InSar-ence Certificates are;Up# _ tgattached to your response. Thank you for your immediate attention to this matter. Sincerely, ACCEPTANC By Jodi' art;CP 0;CPPB, MBA #616ISignature Chief Procurement Officer, it 4 4-- L� Name Title L 1 Date WE B U a b Com—Wu10TY i AGREEMENT FOR SODIUM HYPOCHLORITE (CO-OP) THIS AGREEMENT, made this 3rd day of October 2017, is by and between the City of Fort Lauderdale, a Florida municipality, ("City"), whose address is 100 North Andrews Avenue, Fort Lauderdale, Florida, 33301, and Allied Universal Corp., a Florida corporation, ("Contractor") whose address is 3901 NW 115 Avenue, Miami, Florida 33178, Phone: 305- 888-2623,Email: CristyM@allieduniversal.com. NOW THEREFORE, for and in consideration of the mutual promises and covenants set forth herein and other good and valuable consideration,the City and the Contractor covenant and agree as follows: WITNESSETH: I. DOCUMENTS The following documents (collectively "Contract Documents") are hereby incorporated into and made part of this Agreement(Form P-0001): (1) Invitation to Bid No. 12006-372, SODIUM HYPOCHLORITE (CO-OP), including any and all addenda,prepared by the City of Fort Lauderdale,("ITB"or"Exhibit A"). (2) The Contractor's response to the ITB,dated August 8,2017("Exhibit B"). AV "'ontract Documents may also be collectively referred to as the"Documents." In the event of an :onflict between or among the Documents or any ambiguity or missing specifications or in,,,,ruction,the following priority is established: A. First,specific direction from the City Manager(or designee) B. Second, this Agreement (Form P-0001) dated October 3, 2017, and any attachments. C. Third,Exhibit A D. Fourth,Exhibit B II. SCOPE The Contractor shall perform the work under the general direction of the City as set forth in the Contract Documents. Unless otherwise specified herein, the Contractor shall perform all work identified in this Agreement. The parties agree that the scope of services is a description of Contractor's obligations and responsibilities, and is deemed to include preliminary considerations and prerequisites,and all labor,materials, equipment, and tasks which arc such an inseparable part of the work described that exclusion would render performance by Contractor impractical, illogical, or unconscionable. Contractor acknowledges and agrees that the City's Contract Administrator has no authority to make changes that would increase, decrease, or otherwise modify the Scope of Services to be provided under this Agreement. Form P-0001 Rev 8/2016 CAM 17-1079 EXHIBIT 3 Page 1 of 13 By signing this Agreement, the Contractor represents that it thoroughly reviewed the documents incorporated into this Agreement by reference and that it accepts the description of the work and the conditions under which the Work is to be performed. I. TERM OF AGREEMENT The initial contract period shall commence on October 3, 2017 and shall end on October 2, 2019. The City reserves the right to extend the contract for two additional one-year terms, providing all terms conditions and specifications remain the same, both parties agree to the extension, and such extension is approved by the City. In the event the term of this Agreement extends beyond the end of any fiscal year of City,to wit, September 30th,the continuation of this Agreement beyond the end of such fiscal year shall be subject to both the appropriation and the availability of funds H. COMPENSATION The Contractor agrees to provide the services and/or materials as specified in the Contract Documents at the cost specified in Exhibit B. It is acknowledged and agreed by Contractor that this amount is the maximum payable and constitutes a limitation upon City's obligation to compensate Contractor for Contractor's services related to this Agreement. This maximum amount, however, does not constitute a limitation of any sort upon Contractor's obligation to perform all items of work required by or which can be reasonably inferred from the Scope of Services. Except as otherwise provided in the solicitation,no amount shall be paid to Contractor to reimburse Contractor's expenses. III. METHOD OF BILLING AND PAYMENT Contractor may submit invoices for compensation no more often than monthly,but only after the services for which the invoices are submitted have been completed. An original invoice plus one copy are due within fifteen(15) days of the end of the month except the final invoice which must be received no later than sixty(60)days after this Agreement expires. Invoices shall designate the nature of the services performed and/or the goods provided. City shall pay Contractor within forty-five (45)days of receipt of Contractor's proper invoice,as provided in the Florida Local Government Prompt Payment Act. To be deemed proper,all invoices must comply with the requirements set forth in this Agreement and must be submitted on the form and pursuant to instructions prescribed by the City's Contract Administrator. Payment may be withheld for failure of Contractor to comply with a term, condition,or requirement of this Agreement. Notwithstanding any provision of this Agreement to the contrary,City may withhold,in whole or in part, payment to the extent necessary to protect itself from loss on account of inadequate or defective work that has not been remedied or resolved in a manner satisfactory to the City's Contract Administrator or failure to comply with this Agreement.The amount withheld shall not be subject to payment of interest by City. Form P-0001 2 CAM 17-1079 EXHIBIT 3 Page 2 of 13 1 IV. GENERAL CONDITIONS A. Indemnification Contractor shall protect and defend at Contractor's expense, counsel being subject to the City's approval, and indemnify and hold harmless the City and the City's officers, employees, volunteers, and agents from and against any and all losses, penalties, fines, damages,settlements,judgments, claims, costs, charges,expenses,or liabilities,including any award of attorney fees and any award of costs, in connection with or arising directly or indirectly out of any act or omission by the Contractor or by any officer, employee, agent, invitee, subcontractor, or sublicensee of the Contractor. The provisions and obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by the City Manager, any sums due Contractor under this Agreement may be retained by City until all of City's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved, and any amount withheld shall not be subject to payment of interest by City. i B.Intellectual Property Contractor shall protect and defend at Contractor's expense, counsel being subject to the City's approval, and indemnify and hold harmless the City from and against any and all losses,penalties, fines, damages, settlements,judgments,claims, costs, charges,royalties, expenses, or liabilities, including any award of attorney fees and any award of costs, in connection with or arising directly or indirectly out of any infringement or allegation of infringement of any patent, copyright, or other intellectual property right in connection wit], the Contractor's or the City's use of any copyrighted, patented or un-patented ion, process, article, material, or device that is manufactured, provided, or used cant to this Agreement. If the Contractor uses any design, device, or materials ,vered by letters, patent or copyright, it is mutually agreed and understood without exception that the bid prices shall include all royalties or costs arising from the use of such design,device,or materials in any way involved in the work. C.Termination for Cause The aggrieved party may terminate this Agreement for cause if the party in breach has not corrected the breach within ten (10) days after written notice from the aggrieved party identifying the breach. The City Manager may also terminate this Agreement upon such notice as the City Manager deems appropriate under the circumstances in the event the City Manager determines that termination is necessary to protect the public health or safety.The parties agree that if the City erroneously,improperly or unjustifiably terminates for cause,such termination shall be deemed a termination for convenience,which shall be effective thirty(30)days after such notice of termination for cause is provided. This Agreement may be terminated for cause for reasons including, but not limited to, Contractor's repeated (whether negligent or intentional) submission for payment of false or incorrect bills or invoices, failure to perform the Work to the City's satisfaction; or failure to continuously perform the work in a manner calculated to meet or accomplish the objectives as set forth in this Agreement. Form P-0001 3 CAM 17-1079 EXHIBIT 3 Page 3 of 13 D. Termination for Convenience The City reserves the right, in its best interest as determined by the City, to cancel this contract for convenience by giving written notice to the Contractor at least thirty(30)days prior to the effective date of such cancellation. In the event this Agreement is terminated ! for convenience, Contractor shall be paid for any services performed to the City's satisfaction pursuant to the Agreement through the termination date specified in the written notice of termination. Contractor acknowledges and agrees that he/she/it has received good, valuable and sufficient consideration from City, the receipt and adequacy of which are hereby acknowledged by Contractor, for City's right to terminate this ! Agreement for convenience. I E. Cancellation for Unappropriated Funds The City reserves the right, in its best interest as determined by the City, to cancel this contract for unappropriated funds or unavailability of funds by giving written notice to the Contractor at least thirty (30) days prior to the effective date of such cancellation. The obligation of the City for payment to a Contractor is limited to the availability of funds appropriated in a current fiscal period, and continuation of the contract into a subsequent fiscal period is subject to appropriation of fiords,unless otherwise provided by law. F. Insurance The Contractor shall furnish proof of insurance requirements as indicated below. The coverage is to remain in force at all times during the contract period. The following minimum insurance coverage is required. The commercial general liability insurance policy shall name the City of Fort Lauderdale, a Florida municipality, as an "additional insured." This MUST be written in the description section of the insurance certificate, even if there is a check-off box on the insurance certificate.Any costs for adding the City as"additional insured"shall be at the Contractor's expense. The City of Fort Lauderdale shall be given notice 10 days prior to cancellation or modification of any required insurance. The insurance provided shall be endorsed or amended to comply with this notice requirement. In the event that the insurer is unable to accommodate, it shall be the responsibility of the Contractor to provide the proper notice. Such notification will be in writing by registered mail, return receipt requested and addressed to the Procurement Services Division. The Contractor's insurance must be provided by an A.M. Best's "A-" rated or better insurance company authorized to issue insurance policies in the State of Florida, subject to approval by the City's Risk Manager. Any exclusions or provisions in the insurance maintained by the contractor that excludes coverage for work contemplated in this solicitation shall be deemed unacceptable,and shall be considered breach of cbntract.- Workers' Compensation and Employers'Liability Insurance Limits:Workers' Compensation—Per Chapter 440,Florida Statutes Employers' Liability-$500,000 Any firm performing work on behalf of the City of Fort Lauderdale must provide Workers'Compensation insurance. Exceptions and exemptions will be allowed by the Form P-0001 4 CAM 17-1079 EXHIBIT 3 Page 4 of 13 i City's Risk Manager,if they are in accordance with Florida Statute.For additional information contact the Department of Financial Services,Workers' Compensation Division at(850)413-1601 or on the web at www.fldfs.com. i Commercial General Liability Insurance Covering premises-operations, products-completed operations, independent contractors and contractual liability. Limits: Combined single limit bodily injury/property damage$1,000,000, This coverage must include,but not limited to: a. Coverage for the liability assumed by the contractor under the indemnity provision of the contract. b. Coverage for Premises/Operations c. Products/Completed Operations d. Broad Form Contractual Liability e. Independent Contractors Automobile Liability Insurance Covering all owned,hired and non-owned automobile equipment. Limits: Bodily Injury $250,000 each person $500,000 each occurrence Property Damage $100,000 each occurrence Pollution Liability Policy limit: $1,000,000 Certificate holder should be addressed as follows: City of Fort Lauderdale Procurement Services Division 100 North Andrews Avenue,Room 619 Fort Lauderdale,FL 33301 G. Environmental.Health and Safetv Contractor shall place the highest priority on health and safety and shall maintain a safe working environment during performance of the work. Contractor shall comply, and shall secure compliance by its employees, agents, and subcontractors,with all applicable environmental, health, safety and security laws and regulations, and performance conditions in this Agreement. Compliance with such requirements shall represent the minimum standard required of Contractor. Contractor shall be responsible for examining all requirements and determine whether additional or more stringent environmental, health, safety and security provisions are required for the work. Contractor agrees to utilize protective devices as required by applicable laws,regulations, and any industry or Contractor's health and safety plans and regulations, and to pay the costs and expenses thereof,and warrants that all such persons shall be fit and qualified to carry out the Work. Form P-0001 5 CAM 17-1079 EXHIBIT 3 Page 5 of 13 I i i f H. Standard of Care Contractor represents that he/she/it is qualified to perform the work, that Contractor and a his/her/its subcontractors possess current, valid state and/or local licenses to perform the Work, and that their services shall be performed in a manner consistent with that level of care and skill ordinarily exercised by other qualified contractors under similar circumstances. i 1. Riiahts in Documents and Work Any and all reports, photographs, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of City; and Contractor disclaims any copyright in such materials. In the event of and upon termination of this Agreement, any reports, photographs, surveys, and other data and documents prepared by Contractor, whether finished or unfinished, shall become the property of City and shall be delivered by Contractor to the City's Contract Administrator within seven(7)days of termination of this Agreement by either party. Any compensation due to Contractor shall be withheld until Contractor delivers all documents to the City as provided herein. J. Audit Right and Retention of Records City shall have the right to audit the books, records, and accounts of Contractor and Contractor's subcontractors that are related to this Agreement.Contractor shall keep, and Contractor shall cause Contractor's subcontractors to keep, such books, records, and accounts as may be necessary in order to record complete and correct entries related to this Agreement. All books, records, and accounts of Contractor and Contractor's subcontractors shall be kept in written form,or in a form capable of conversion into written form within a reasonable time, and upon request to do so, Contractor or Contractor's subcontractor,as applicable, shall make same available at no cost to City in written form. Contractor and Contractor's subcontractors shall preserve and make available, at reasonable times for examination and audit by City in Broward County, Florida, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period of the Florida public records law, Chapter 119, Florida Statutes, as may be amended from time to time, if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three(3) years after termination of this Agreement. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. If the Florida public records law is determined by City to be applicable to Contractor and Contractor's subcontractors' records, Contractor and Contractor's subcontractors shall comply with all requirements thereof, however, Contractor and Contractor's subcontractors shall violate no confidentiality or non-disclosure requirement : of either federal or state law. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for City's disallowance and recovery of any payment upon such entry. Form P-0001 ( CAM 17-1079 EXHIBIT 3 Page 6of13 f 1 Contractor shall, by written contract, require Contractor's subcontractors to agree to the requirements and obligations of this Section. The Contractor shall maintain during the term of the contract all books of account,reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. I K. Public Entity Crime Act Contractor represents that the execution of this Agreement will not violate the Public Entity Crime Act, Section 287.133, Florida Statutes, as may be amended from time to time, which essentially provides that a person or affiliate who is a contractor, consultant, or other provider and who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to City,may not submit a bid on a contract with City for the construction or repair of a public building or public work,may not submit bids on leases of real property a to City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with City, and may not transact any business with City in excess of the threshold amount provided in Section 287.017, Florida Statutes, as may be amended from time to time,for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section shall result in termination of this Agreement and recovery of all monies paid by City pursuant to this Agreement,and may result in debarment from City's competitive procurement activities. L. Independent Contractor Contractor is an independent contractor under this Agreement. Services provided by Contractor pursuant to this Agreement shall be subject to the supervision of the Contractor.In providing such services,neither Contractor nor Contractor's agents shall act as officers, employees, or agents of City. No partnership, joint venture, or other joint relationship is created hereby. City does not extend to Contractor or Contractor's agents any authority of any kind to bind City in any respect whatsoever. M. Inspection and Non-Waiver Contractor shall permit the representatives of CITY to inspect and observe the Work at all times. The failure of the City to insist upon strict performance of any other terms of this Agreement or to exercise any rights conferred by this Agreement shall not be construed by Contractor as a waiver of the City's right to assert or rely on any such terms or rights on any future occasion or as a waiver of any other terms or rights. N. Assignment and Performance Neither this Agreement nor any right or interest herein shall be assigned, transferred, or encumbered without the written consent of the other party. In addition, Contractor shall not subcontract any portion of the work required by this Agreement, except as provided in the Schedule of Subcontractor Participation. City may terminate this Agreement, effective immediately, if there is any assignment, or attempted assignment, transfer, or Form P-0001 7 CAM 17-1079 EXHIBIT 3 Page 7 of 13 encumbrance,by Contractor of this Agreement or any right or interest herein without City's written consent. Contractor represents that each person who will render services pursuant to this Agreement is duly qualified to perform such services by all appropriate governmental j authorities, where required, and that each such person is reasonably experienced and skilled in the area(s)for which he or she will render his or her services. Contractor shall perform Contractor's duties, obligations, and services under this Agreement in a skillful and respectable manner. The quality of Contractor's performance and all interim and final product(s)provided to or on behalf of City shall be comparable to the best local and national standards. In the event Contractor engages any subcontractor in the performance of this Agreement, ! Contractor shall ensure that all of Contractor's subcontractors perform in accordance with the terms and conditions of this Agreement. Contractor shall be fully responsible for all of Contractor's subcontractors' performance, and liable for any of Contractor's subcontractors' non-performance and all of Contractor's subcontractors' acts and onussions. Contractor shall defend at Contractor's expense, counsel.being subject to City's approval or disapproval, and indemnify and hold City and City's officers, employees, and agents harmless from and against any claim, lawsuit, third party action, fine,penalty,settlement,or judgment,including any award of attorney fees and any award of costs, by or in favor of any of Contractor's subcontractors for payment for work performed for City by any of such subcontractors, and from and against any claim, lawsuit, third party action, fine,penalty, settlement, or judgment, including any award of attorney fees and any award of costs, occasioned by or arising out of any act or omission by any of Contractor's subcontractors or by any of Contractor's subcontractors' officers, agents, or employees. Contractor's use of subcontractors in connection with this Agreement shall be subject to City's prior written approval, which approval City may revoke at any time. O. Conflicts Neither Contractor nor any of Contractor's employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with Contractor's loyal and conscientious exercise of judgment and care related to Contractor's performance under this Agreement. Contractor further agrees that none of Contractor's officers or employees shall,during the term of this Agreement, serve as an expert witness against City in any legal or administrative proceeding in which he,she,or Contractor is not a party,unless compelled by court process. Further, Contractor agrees that such persons shall not give sworn testimony or issue a report or writing, as an expression of his or her expert opinion,which is adverse or prejudicial to the interests of City in connection with any such pending or threatened legal or administrative proceeding unless compelled by court process. The limitations of this section shall not preclude Contractor or any persons in any way from representing themselves,including giving expert testimony in support thereof,in any action or in any administrative or legal proceeding. In the event Contractor is permitted pursuant to this Agreement to utilize subcontractors to perform any services required by this Agreement, Contractor agrees to require such Form P-0001 $ CAM 17-1079 EXHIBIT 3 Page 8 of 13 subcontractors, by written contract, to comply with the provisions of this section to the same extent as Contractor. P. Schedule and Delays Time is of the essence in this Agreement. By signing, Contractor affirms that it believes the schedule to be reasonable; provided, however, the parties acknowledge that the schedule might be modified as the City directs. Q. Materiality and Waiver of Breach City and Contractor agree that each requirement,duty,and obligation set forth herein was bargained for at arm's-length and is agreed to by the parties in exchange for quid pro quo, that each is substantial and important to the formation of this Agreement and that each is, therefore,a material term hereof. City's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. R. Compliance With Laws Contractor shall comply with all applicable federal, state, and local laws, codes, ordinances, rules, and regulations in performing Contractor's duties, responsibilities, and obligations pursuant to this Agreement. S. Severance In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the provisions not having been found by a court of competent jurisdiction to be invalid or unenforceable shall continue to be effective. T. Limitation of Liability The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of$1,000. Contractor hereby expresses its willingness to enter into this Agreement with Contractor's recovery from the City for any damage action for breach of contract or for any action or claim arising from this Agreement to be limited to a maximum amount of $1,000 less the amount of all funds actually paid by the City to Contractor pursuant to this Agreement. Accordingly, and notwithstanding any other term or condition of this Agreement, Contractor hereby agrees that the City shall not be liable to Contractor for damages in an amount in excess of$1,000 which amount shall be reduced by the amount actually paid by the City to Contractor pursuant to this Agreement,for any action for breach of contract or for any action or claim arising out of this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon City's liability as set forth in Section 768.28,Florida Statutes. Form P-0001 9 CAM 17-1079 EXHIBIT 3 Page 9 of 13 U. Jurisdiction,Venue,Waiver,Waiver of Jury Trial This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Venue for any lawsuit by either party against the other party or otherwise arising out of this Agreement, and for any other legal proceeding, shall be in the Seventeenth Judicial Circuit in and for Broward County,Florida, or in the event of federal jurisdiction,in the Southern District of Florida,Fort Lauderdale Division. In the event Contractor is a corporation organized under the laws of any province of Canada or is a Canadian federal corporation, the City may enforce in the United States of America or in Canada or in both countries a judgment entered against the Contractor. The Contractor waives any and all defenses to the City's enforcement in Canada of a judgment entered by a court in the United States of America. V. Amendments No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the Mayor-Commissioner and/or City Manager, as determined by City Charter and Ordinances, and Contractor or others delegated authority to or otherwise authorized to execute same on their behalf. W. Prior Agreements This document represents the final and complete understanding of the parties and incorporates or supersedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. The parties agree that there is no commitment, agreement, or understanding concerning the subject matter of this Agreement that is not contained in this written document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representation or agreement,whether oral or written. X. Payable Interest Except as required and provided for by the Florida Local Government Prompt Payment Act, City shall not be liable for interest for any reason, whether as prejudgment interest or for any other purpose, and in furtherance thereof Contractor waives,rejects,disclaims and surrenders any and all entitlement it has or may have to receive interest in connection with a dispute or claim based on or related to this Agreement. Y. Representation of Authority Each individual executing this Agreement on behalf of a party hereto hereby represents and warrants that he or she is, on the date he or she signs this Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of such party and does so with full legal authority. Z. Uncontrollable Circumstances("Force Maieure") Form P-0001 10 CAM 17-1079 EXHIBIT 3 Page 10 of 13 The City and Contractor will be excused from the performance of their respective obligations under this agreement when and to the extent that their performance is delayed or prevented by any circumstances beyond their control including, fire, flood, explosion, strikes or other labor disputes,act of God or public emergency,war,riot,civil commotion, malicious damage, act or omission of any governmental authority, delay or failure or shortage of any type of transportation, equipment, or service from a public utility needed for their performance,provided that: A. The non performing party gives the other party prompt written notice describing the particulars of the Force Majeure including, but not limited to, the nature of the occurrence and its expected duration, and continues to furnish timely reports with respect thereto during the period of the Force Majeure; B. The excuse of performance is of no greater scope and of no longer duration than is required by the Force Majeure; I C. No obligations of either party that arose before the Force Majeure causing the excuse of performance are excused as a result of the Force Majeure;and D. The non-performing party uses its best efforts to remedy its inability to perform. Notwithstanding the above, performance shall not be excused under this Section for a period in excess of two (2) months, provided that in extenuating circumstances, the City may excuse performance for a longer term. Economic hardship of the Contractor will not constitute Force Majeure. The term of the agreement shall be extended by a period equal to that during which either party's performance is suspended under this Section. A utinized Companies Subject to Odebrecht Construction, Inc., v. Prasad, 876 F.Supp.2d 1305 (S.D. Fla. 2012),affirmed, Odebrecht Construction,Inc., v. Secretary, Florida Department of Transportation, 715 F.3d 1268 (1lth Cir. 2013), with regard to the "Cuba Amendment," the Contractor certifies that it is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2016), that it is not engaged in a boycott of Israel, and that it does not have business operations in Cuba or Syria, as provided in section 287.135, Florida Statutes (2016), as may be amended or revised. The City may terminate this Agreement at the City's option if the Contractor is found to have submitted a false certification as provided under subsection (5) of section 287.135, Florida Statutes (2016), as may be amended or revised, or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2016), or is engaged in a boycott of Israel or has been engaged in business operations in Cuba or Syria, as defined in Section 287.135,Florida Statutes (2016),as may be amended or revised. Form P-0001 11 CAM 17-1079 EXHIBIT 3 Page 11 of 13 f 11 t BB. Public Records 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'S OFFICE, 100 N. ANDREWS AVENUE, FORT LAUDERDALE, j FLORIDA, 33301, PHONE: 954-828-5002, EMAIL: I PRRCONTRACT@FORTLAUDERDALE.GOV. i Contractor shall: i 1. Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service. 2. Upon request from the City's custodian of public records,provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes (2016), as may be amended or revised, or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of this contract if the Contractor does not transfer the records to the City. 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 this 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 this 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. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Form P-0001 12 CAM 17-1079 EXHIBIT 3 Page 12 of 13 i i IN WITNESS WHEREOF,the City and the Contractor execute this Contract as follows: ATTEST: CITY OF FORT LAUDERDALE v � By: Jeffrey A.Mo ar lli,City Clerk Lee R.Feldmah, City Manager I Approved as to form: Cynthia A.Everett,City Attorney i ssistant City Attorney f I WITNESSES: ALLIED UNIVERSAL CORP. By: 'gna re James Per,President i Print Na Signature Print Name (CORPORATE SEAL) STATE OF 001'%kA COUNTY OF The foregoing instrument was acknowledged before me this day of •Hoer , 2017, by James Palmer as President for ALLIED UNIVERSAL CORP.,a Florida corporation. r*ao` :•P•. * Si ature f o tePu bli N (SEAL) MY COMMISSION i FF 1345No Pub ta of EXPIRES:June 22,2018 �'n��� BondedThroBudgdNolerySmket � �` (Print,Type,or Stamp Commissioned Name of Notary Public) Personally Known IOR Produced Identification Type of Identification Produced Form P-0001 13 CAM 17-1079 EXHIBIT 3 Page 13 of 13 i City of Fort Lauderdale 12006-372 EXHIBIT R Y fn Allied Universal Corporation HAMM Supplier Code 00002648 g �S 'P.i't Eef +"• . i'k}'yr�,4V�tlC11IiS Y' 'S9. t .CY'Pn".tl�'?. WA^Y'°".l �A t '�yMmC 3@,^"Xi {d. „" U V �Fi MM-'� tmk .at..r �t ':n?3 ... ,+ ':+?'° 'e :� � �es.. ,�Fv� Y a-� �" . a M. ra. -M.— Item # Line Item Kk Notes Unit Piice QtyJUnit Attch. Docs i�-. � �+•F� ..� � :.. C,u. rr,4,2-Y.,�4 tc.. ke _;'S. S. �Q♦ '�..� x... � A� >_����'�b���.S'. `> ffi��. 12006 372-01-02 Sodium Supplier First Offer - $0.548 180000/gallon $98,640.00 Y Y hypochlorite- Product Less than Code: tanker load . •r }3y# �' - "' b',�' �+, .�,a' ,F�S"r.•C -3, '. -•_ `� 'a x r xy,a edsr =••s, ,:, s ,.a A'w °€ M'kA.a pE ar-�f�^. tlg0.tat ,. A t .�,a� �° tlrSC S'3•tl uTn�dr �� � + ' s ' tea•.: - .. tl - �3 n ` � ° ey �''a i�••esE. s r e `:' +�' e r eqqb6" A 'F:"'.; g o7M: �, s r�- ,� � €� l€"rs.-�a'�-�'���� �` 'a�`°a ^'?•r�s- � w� ��lk � Os �" �,'. F � .rya '^ °`c3',' .�k""1es. •'�'aT• rvs :? `� ai�,rC�iC'`�� i�' � �d� � '5�������r .'�. -""t•,�"�, 1.`�ii' �.�`��, E+�,Syi r'x �`��,•rt. �k ,y�� a� '� se..r"�'''��- 1 Wr� ; �.._ � �•.. ��.� � +� rah s �..:M �-. .,,z�. � �r'ti-' .��4': �a r �;v�n 1, ��� ?��q?' �a���is���e � � .ray � _,� � r � � � i 'P••�•.�3 '�.�v��,� �. 8',E WIN, , � w €. i?5tij;L 3a ° °,.x3a 'ragma.NMI` R.M. ..s � 3c z a M�- w 'Cas,,"�, x_" ..-a. ',` '^�` .i'3S� ' ��3'c d4' r''� r -,f r, �' s� ,fix• lc'.i z--s5fi 7,, i. �t1.. er:F° �a S'r -_+ -..-u �i`fta r" y .y>,z5 �m°gFr', a ��k a tl era sa^: �-rt '"? � �.a."s$s . y6� '� c ,y���a- ? �"y��=�¢a� �e+" t�� $��,°-•�-c' ." -rHr �S;�,u x�� �a� 93. R-g 'ig .S" ,x� �'`'. .i°t f` MOVES 1 R � '� ^��. +3 asS a �i ^- � s `�' Vie+ �a�9•.�j?.}�""Sin z" +°u� �i, �r a. •F�' .�,.t "' ems•^'" ��� `{ s 4?x sak,.sc y. '�sa�3� a��`'T�,�� k ?a,�,,y���,'�'� »'-• �g�' � S � � H � p � +a g,n7 S [ {4. ��yV�� � 4 •.� Y 3C 4 L'�c... �� 'u d Sm ; IBM- v � 5� MMOM '�ttiS?- °� ���� y"to.�� ��a���*rs7r �l,�i"a+�s ���..s� c�.:���•��� •r��•�.� ����scr ��� �� =;.Y �' �.'4 �.3` -. �� �43 �C�"� x.�.� :3�•y 4�a '�^ma�S a sc?e �."i � '�" ° �� �� � � -a'-"� e" � � 1°a'?". i.� € .. h�.s asa 'y a� .9AA�' v '°- •�•r� � g',� � spr}, e�•'� ,�.era �'.- �a� °�, a -�� � e a AIR" � �� � `t�•'�� !° ^'` �, �'`E t °a F,fF `�"S AMRan o:.y +� .y. sum +-e ,'' ? 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'--' -------~~~ ~~~..~~ | Please Note: If responding ho this solicitation through BidSync,the electronic version oY the bid response will prevail, unless a paper version is clearly marked by the bidder in some manner to indicate that it will supplant the electronic version. All fields below must be completed. If the field does not apply to you, please note N/A in that field. . If you are o foreign corporaUon,you may be required to obtain w certificate of authority from the department of ab*ha. in accordance with Florida Statute§GO7.15OY (viuithttp://Wmvw.doo.stabo.fl.ua/). Company:(Legal Registration) Allied Universal Corporation Address: 3901 NW I1S Avenue City: K8iamiGhab*: pLZip: 33170 Telephone No. 30G'8W8'2623FAX No. 7A6'522'021SEmail: CristyM@NNliodumivemwml.ownm Delivery: Calendar days after receipt of Purchase Order(section 1.02 of General Conditions): 2 work Total Bid Discount (section f.05mf General CmmdiNmmm): N/A Does your firm qualify for MBE orVVBE status (section i.09 of General Conditions): MBE EJVVBE [l ADDENDUM ACKNOWLEDGEMENT ' Proposer oohnmm|edgoo that the following addenda have been received and are included in the proposal: Addendum No. Datelssued Addendum No. Date Issued Addendum No. Date Issued VARIANCES: If you take exception or have variances to any term,condition,specification, scope of service, or requirement in this competitive solicitation you must specify such exception or variance in the upnoa provided below or reference in the opmno provided below all mahonnmo contained on other pages within your response. Additional pages may be attached if necessary. No exceptions or variances will be deemed to be part of the response submitted unless such is listed and contained in the space provided below. The City does not, by virtue of submitting a variance, necessarily accept any variances. If no statement is contained in the below opaco, it in hereby implied that your response is in full compliance with this competitive solicitation. If you do not have variances, simply mark N/A. Ufsubmitting your response electronically through B/0SY0C you must also click the "Take Exception" button. The below signatory hereby agrees hm furnish the following artido(s)or services at the phce(s)and terms stated subject to all inotmctiono,condiUona,specifications addenda. legal odvertiaomant, and conditions contained in the bid/proposal. | have rood all ettmohnoapds including the specifications and fully understand what io required. By submitting this signed proposal |will accept contract if approved by the City and such auoaphonmm ouxeno all tanns, conditiono, and opaoifinetimno of this bid/proposal. The ba|mm signatory also hereby mg,oam, by virtue of submitting or attempting to submit o neoponeo, that in no event shall the Cihy'o liability for respondent's dinact, indireot, incidonta|, consequential, special or exemplary damages, expenses, or lost profits arising out of this competitive solicitation pmocnam. including but not limited to public advertisement, bid conferences, site visits, evaluations, oral presentations,or award proceedings exceed the amount of Five Hundred Dollars($500.00).This limitation shall not apply to claims arising under any provision of indemnification or the City's protestordinance � contained in this competitive solicitation. City of Fort Lauderdale 12006-372 Submitted by: Cristhianne Munguia Cristhianne Munguia Name(printed) Signature 818117 Bid Coordinator Date: Title i 1 i a A I 1 I a i i I 8/11/2017 BidSync p.54 Bid Tabulation Packet for Solicitation 12006-372 Sodium Hypochlorite (CO-OP) Bid Designation: Public CITY OF FORT LAUDERDALE City of Fort Lauderdale Bid #12006-372 - Sodium Hypochlorite (CO-OP) Creation Date Jul 19, 2017 End Date Aug 11, 2017 2:00:00 PM EDT Start Date Jul 21, 2017 4:29:31 PM EDT Awarded Date Not Yet Awarded 12006-372--01-01 Sodium Hypochlorite- Tanker Load Supplier Unit Price Qty/Unit Total Price Attch. Docs Allied Universal Corporation[Ad] I IFirst Offer- $0.498 2157356/gallon $1,074,363.288 Y Y Product Code: Supplier Product Code: Agency Notes: Supplier Notes: Odyssey Manufacturing Company I First Offer- $0.522 2157356/gallon $1,126,139.832 Y Y Product Code: Supplier Product Code: Agency Notes: Supplier Notes: Brenntag Mid-South Inc.[Ad] First Offer- $0.69 2157356/gallon $1,488,575.64 Y Y t oduct Code: Supplier Product Code: 813540 ency Notes: Supplier Notes: 12006-372--01-02 Sodium hypochlorite- Less than tanker load Supplier Unit Price Qty/Unit Total Price Attch. Docs Allied Universal Corporation[Ad] I IFirst Offer- $0.548 180000/gallon $98,640.00 Y Y Product Code: Supplier Product Code: Agency Notes: Supplier Notes: Odyssey Manufacturing Company First Offer- $0.68 180000/gallon $122,400.00 Y Y Product Code: Supplier Product Code: Agency Notes: Supplier Notes: Brenntag Mid-South Inc. [Ad] First Offer- $0.72 180000/gallon $129,600.00 Y Product Code: Supplier Product Code: 813540 Agency Notes: Supplier Notes: Supplier Totals f Allied Universal Corporation [Ad] $1,173,003.288 (2/2 items) Bid Contact Catherine Guillarmod Address 3901 N.W. 115 Ave. CristyM@allieduniversal.com Miami, FL 33178 Ph 305-888-2623 Fax 786-522-0215 Supplier Code 00002648 Agency Notes: Supplier Notes: Head Attch: t� f Odyssey Manufacturing Company $1,248,539.832 (2/2 items) Bid Contact Patrick Allman Address 1484 Massaro Blvd. pallman@odysseymanufacturing.com Tampa, FL 33619 Ph 813-635-0339 Fax 813-630-2589 Agency Notes: Supplier Notes: Head Attch: A f Brenntag Mid-South Inc. [Ad] $1,618,175.64 (2/2 items) Bid Contact Stephanie Ubach Address 250 Central Florida Parkway subach@brenntag.com Orlando, FL 32824 Ph 800-876-1727 Fax 407-851-3512 Agency Notes: Supplier Notes: Head Attch: t� Allied Universal Corporation Bid Contact Catherine Guillarmod Address 3901 N.W. 115 Ave. CristyM@allieduniversal.com Miami, FL 33178 Ph 305-888-2623 Fax 786-522-0215 Supplier Code 00002648 Item # Line Item Notes Unit Price e Docs 12006-372-01-01 Sodium Supplier First Offer - $0.498 2157356/gallon $1,074,363.288 y y Hypochlorite- Product Tanker Load Code: 12006-372--01-02 Sodium Supplier First Offer - $0.548 180000/gallon $98,640.00 y y hypochlorite- Product Less than Code: tanker load Supplier Total $1,173,003.288 Allied Universal Corporation Item: Sodium Hypochlorite- Tanker Load Attachments 12006-372_Sodium_Hypochorite_CO-OP Supporting Docs.pdf a x" 3901 NW 115 Avenue Miami,Florida 3.3178 305-888-2623 offrce 305-463-8369.Jinx ALLIED UNIVERSAL CORPORATION Fstahllshed l954 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 Hypochlorite to City of Ft. Lauderdale Co- op. 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 271'day of June 2017. (Seal of Corporation) J iVf I er, President-CEO 3901 NW 115 Avenue 9501 Rangeline Road 30 Neil Gunn Drive 5215 W.Tyson Avenue Miami,Florida 33178 Ft.Pierce,Florida 34987 Ellisvtlie,MS 39437 Tampa,Florida 33611 305-888-2623 772-464-6195 601-477-2550 813-832-4869 8350 NW 115 Avenue 204 SCM Road 1405 Possum Hallow Road 2100 Port Road Listing Category Search Page J NSF International Page 1 of S 0 The Public Health and Safety Organization NSF Product and Service Listings These NSF Official Listings are current as of Tuesday,August 08,2017 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:hhttp://info.nsf.orz/CertifiedIPwsChemicals/Listinz,,;.asi)? Compa ny.Name=Allied+Universa]+Corporation&Chemica[Name=Sodium,-Hypochlorite& NSF/ANSI fio Drinking Water Treatment Chemicals - Health Effects Allied Universal Corporation 3goi Northwest ii5th Avenue Miami,FL 33178 United States 800-98i-67oo 305-888-2623 Visit this company's webs;temp://ww A,.allieduniversaLcoml Facility: #2 Jacksonville,Florida Sodium Hypochlorite[CL] Trade Designation Product Function Max Use Aqua Guard Chlorinating Sanitizer Disinfection&Oxidation ioomg/L Aqua Guard Chlorinating Sanitizer io.5% Disinfection&Oxidation ioomg/L Aqua Guard Chlorinating Sanitizer io.5%Chlorine By Weight Disinfection&Oxidation loomg/L Aqua Guard Sodium Hypochlorite 10.5% Disinfection&Oxidation loomg/L Aqua Guard Sodium Hypochlorite 10.5%By Weight Disinfection&Oxidation loomg/L Sodium Hypochlorite Disinfection&Oxidation ioomg/L Sodium Hypochlorite lo.5%Chlorine By Weight Disinfection&Oxidation loomg/L (CL] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. NOTE: Only products bearing the NSF Mark on the product, product packaging, and/or documentation shipped with the product are Certified. http://info.nsf.org/Certified/PwsChemicals/Listings.asp?CompanyName=Allied+Universal+... 8/8/2017 Listing Category Search Page j NSF International Page 2 of 5 Facility:Fort Pierce,FL Sodium Hypochlorite[CL] Trade Designation Product Function Max Use Aqua Guard Chlorinating Sanitizer Disinfection&Oxidation loomg/L Aqua Guard Chlorinating Sanitizer 1o.5% Disinfection&Oxidation ioomg/L Aqua Guard Chlorinating Sanitizer io.5%Chlorine By Weight Disinfection&Oxidation ioomg/L Aqua Guard Sodium Hypochlorite 1o.5% Disinfection&Oxidation zoo mg/I, Aqua Guard Sodiuwn Hypochlorite 10.5%By Weight Disinfection&Oxidation ioomg/L Sodium Hypochlorite Disinfection&Oxidation ioomg/L Sodium Hypochlorite lo.5%Chlorine By Weight Disinfection&Oxidation loomg/L [CL The residual levels of chlorine (hypochlorite ion and nypochlo.rous acid) , chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. NOTE: Only products bearing the NSA' Mark on the product, product packaging, and/or documentation shipped wish the product are Certified. Facility: Miami,FL Sodium Fiypochlorite[CL] Trade Designation Product Function Max Use Aqua Guard Chlorinating Sanitizer 1o.5%Chlorine By Weight Disinfection&Oxidation loomg/L Sodium Hypochlorite 10.5%Chlorine By Weight Disinfection&Oxidation loomg/L Aqua Guard Sodium Hypochlorite 10.5%By Weight Disinfection&Oxidation loomg/L Aqua Guard Chlorinating Sanitizer io.5% Disinfection&Oxidation ioomg/L Aqua Guard Sodium Hypochlorite io.5% Disinfection&Oxidation loomg/L Aqua Guard Chlorinating Sanitizer Disinfection&Oxidation loomg/L Sodium Hypochlorite Disinfection&Oxidation ioomg/L JCL] The residual levels of chlorine (hypochlorite ion and hypochlorous acid) , chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. 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 Hypochlorite[CLI Trade Designation Product Function Max Use http://info.nsf.org/Certified/PwsChemicals/Listings.asp?CompanyName=Al lied+Universal+... 8/$/2017 Listing Category Search Page I NSF International Page 3 of 5 Aqua Guard Chlorinating Sanitizer io.5%Chlorine By Weight Disinfection&Oxidation 100mg/L Sodium Hypochlorite io.5%Chlorine By Weight Disinfection&Oxidation loomg/L Aqua Guard Sodium Hypochlorite io.5%By Weight Disinfection&Oxidation loomg/L Aqua Guard Chlorinating Sanitizer io.5% Disinfection&Oxidation ioomg/L Aqua Guard Sodium Hypochlorite 10.5% Disinfection&Oxidation ioomg/L Aqua Guard Chlorinating Sanitizer Disinfection&Oxidation loomg/L Sodium Hypochlorite Disinfection&Oxidation ioomg/L (CL; The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. 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 flypochlorite[CL] Trade Designation Product Function Max Use Aqua Guard Bleach Disinfection&Oxidation 84mg/L Aqua Guard Bleach i2.5% Disinfection&Oxidation 84mg/L Aqua Guard Chlorinating Sanitizer Disinfection&Oxidation ioomg/L Aqua Guard Chlorinating Sanitizer io.5% Disinfection&Oxidation ioomg/L Aqua Guard Sodium Hypochlorite io.5% Disinfection&Oxidation ioomg/L Aqua Guard Sodium Hypochlorite 12.5% Disinfection&Oxidation 84mg/L Sodium Hypochlorite to.5% Disinfection&Oxidation ioomg/L Sodium Hypochlorite 12.5% Disinfection&Oxidation 84mg/L (CLl The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. 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 Hypochlorite[CL] Trade Designation Product Function Max Use Aqua Guard Bleach Disinfection&Oxidation 84 mg/L Aqua Guard Bleach 12.5% Disinfection&Oxidation 84mg/L Aqua Guard Chlorinating Sanitizer Disinfection&Oxidation ioomg/L Aqua Guard Chlorinating Sanitizer io.5% Disinfection&Oxidation ioomg/L Aqua Guard Sodium Hypochlorite I0.5% Disinfection&Oxidation toomg/L hitp://info.nsf.org/Certif ied/PwsChemi cals/Li stints.asp?CompanyName=Ali i ed+Universal+... 8/8/2017 Listing Category Search Page I NSF International Page 4 of 5 Aqua Guard Sodium Hypochlorite 12,5% Disinfection&Oxidation 84mg/L Sodium Hypochlorite io.s% Disinfection&Oxidation ioomg/L Sodium Hypochlorite 12.5% Disinfection&Oxidation 84mg/L [CL] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. NOTE: Only products bearing the NSF Mark on the product, product packaginq, and/or documentation shipped with the product are Certified. Facility: Ellisville,MS Sodium Hypochlorite[CLJ Trade Designation Product Function Max Use Aqua Guard Bleach Disinfection&Oxidation 84mg/L Aqua Guard Bleach 12.5% Disinfection&Oxidation 84mg/L Aqua Guard Chlorinating Sanitizer Disinfection&Oxidation ioomg/L Aqua Guard Chlorinating Sanitizer 10.5% Disinfection&Oxidation ioomg/L Aqua Guard Sodium Hypochlorite 10.5% Disinfection&Oxidation ioomg/L Aqua Guard Sodium Hypochlorite 12.5% Disinfection&Oxidation 84mg/L Sodium Hypochlorite i0.5% Disinfection&Oxidation ioomg/L Sodium Hypochlorite 12.5% Disinfection&Oxidation 84mg/L [CL] The residual levels of chlorine thypochlorite ion and hypochiorous acidl, chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the =finished drinking water to ensure compliance to all applicable regulations. NOTE: Only products bearing the NSF Mark on the product, product packaging, and/or documentation shipped with the product are Certified. Allied Universal Corporation 3901 NW 115th Avenue Miami,FL 33178 United States 305-888-2623 Facility:#1 USA Sodium Hypochiorite[CLJ Trade Designation Product F�mction Max Use Aqua Guard Chlorinating Sanitizer ioomg/L http://info.ns£org/Certified/PwsChemicals/Listings.asp?CompanyNaine=Allied+Uni versal-... 8/8/2017 Listing Category Search Page I NSF International Page 5 of 5 Disinfection&Oxidation Bactericide [CL] The residual levels of chlorine (hypochlor?te ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Number of matching Manufacturers is 2 Number of matching Products is 53 Processing time was i seconds http:/Anfo.nsf.org/Certified/PwsChemicals/Listings.asp?CompanyName=Allied+Universal+... 8/8/2017 mil• Adiel7!?.F107,ida 331,''ctr _7U 5- -2623 (7fdC'E' AALUED"UMVERSAL CORPORATION Estoh6shPd 1954 IN: 30 AFFIDAVIT This is to certify that as required, all Sodium Hypochlorite solution to be furnished to City of Ft. Lauderdale will comply with the AWWA B300 and ANSI/NSF standard 60 or as may be amended. Cri`sthiarI4 Munguia Bid Coordinator Subscribed and sworn to before me This 8th day of August, 2017 Notary Public of the State of Florida. �1 No ublic ANDREALSMITH E*':uo- 3901 Y COMMISSION A FF 203413 ded Thru tdotary `Put Undearrilers NW 115 Avenue 9501 Rangeline Road 30 Neil Gunn Dive 5215 W.Tyson Avenue Wami,Florida 33178 Ft.Pierce,Florida 34987 Elhsville,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 Roa 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 SAFETY DATA SHEET AAaAOD NIVERSAL CORPORATION fi o.Wmhed M4 1. Identification Product identifier Sodium Hypchlorite,10.15%Solution Other means of identification SDS number AUC-003 Synonyms Aqua Guard Chlorinating Santizier*Aqua Guard Bleach*Aqua Guard Sodium Hypochlorite 10.5%"Aqua Guard Sodium Hypochlorite 12.5%`Sodium Hypochlorite'Liquid Bleach"Bleach Hypo Recommended use Swimming pool chemical,hard surface cleaner,water treatment,bleaching,textiles,cooling towers,laudry sanitizer and agricultural/aquacultural purposes 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 Websits 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 i Signal word Danger Hazard statement May be corrosive to metals.Causes severe skin burns and eye damage.Causes serious 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 weft-ventilated area. Wear protective gloves/clothing and eye/face protection. Material name:Sodium Hypchlorife.10-15%Solution sos us AUG-004 Version#:03 Issue date:03-15-2015 1 /10 Response IF SWALLOWED: Rinse mouth. Do NOT induce vomiting.If on skin(or hair):Take off immediately all contaminated clothing.Rinse skin with water/shower.if inhaled: Remove person to fresh air and keep comfortable for breathing. If in eyes:Rinse cautiously with water for several minutes. Remove contact tenses,if present and easy to do.Continue rinsing. Immediately call a POISON CENTER or doctor/physician.Specific treatment(see this label).Wash contaminated clothing before reuse. Storage Store locked up.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. Hazard(s)not otherwise No OSHA defined hazard classes. classified(HNOC) Other hazards which do not result in classification:Contact with most acids may liberate and toxic gas_Chronic skin contact with low concentrations may cause dermatitis. Supplemental information None. 3. Compositionlinformation on ingredients Mixtures Chemical name Common name and synonyms CAS number % Sodium Hypochlorite HYPOCHLORITE SOLUTION 7681-52-9 10-15.5 Sodium hydroxide Caustic soda 1310-73-2 1-5 Lye Sodalye Other components below reportable levels 80-90 'Designates that a specific chemical identity and/or percentage of composition has been withheld as a trade secret. 4. First-aid measures Inhalation Remove victim to fresh air and keep at rest in a position comfortable for breathing. 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.If breathing is difficult, trained personnel should give oxygen.Call a physician or poison control center immediately. Skin contact Immediately flush skin with running water for at least 20 minutes.Take off immediately all contaminated clothing.Take off immediately all contaminated clothing.Call a physician or poison control center immediately.Chemical burns must be treated by a physician.Wash contaminated clothing before reuse.Cover wound with sterile dressing. Do not rub area of contact. Leather and shoes that have been contaminated with the solution may need to be destroyed. Eye contact Immediately flush eyes with plenty of water for at least 20 minutes.Immediately flush eyes with plenty of water for at least 15 minutes.Remove contact lenses,if present and easy to do.Continue rinsing.Call a physician or poison control center immediately.Take care not to rinse contaminated water into the unaffected eye or onto the face. Ingestion Call a physician or poison control center immediately.Rinse mouth.If swallowed: Rinse mouth. Do NOT induce vomiting. Never give anything by mouth to a victim who is unconscious or is having convulsions. Do not induce vomiting.If vomiting occurs,keep head low so that stomach content doesn't get into the lungs. Most important Corrosive to the eyes and may cause severe damage including blindness.Symptoms may include symptoms/effects,acute and stinging,tearing,redness,swelling,and blurred vision. Direct skin contact may cause corrosive delayed skin burns,deep ulcerations and possibly permanent scarring.Can cause severe respiratory irritation.Symptoms may include coughing,choking and wheezing. Inhalation could result in pulmonary edema(fluid accumulation).Symptoms of pulmonary edema(chest pain,shortness of breath)may be delayed.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 burns.Treat symptomatically. 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 Water fog.Foam. Dry chemical powder.Carbon dioxide(CO2).Use media suitable to the surrounding fire such as water fog or fine spray,alcohol foams,carbon dioxide. Use water with caution.Contact with water will generate considerable heat. Material name.Sodium Hypchlorite,10-15%Solution sos us AUC-004 Version#:03 Issue date:03-15-2015 2/10 Unsuitable extinguishing Do not use water jet as an extinguisher,as this will spread the fire.Do not use dry chemical media extinguishing agents.Maleic anhydride may react with the basic sodium compounds.Use chemical extinguishing agents with caution.Some chemical extinguishing agents may react with this material. Specific hazards arising from Not considered flammable.Vapors are heavier than air and may spread along floors.Contact with the chemical most metals will generate flammable hydrogen gas.Contact with water will generate considerable heat. Reacts violently with a wide variety of organic and inorganic chemicals including alcohol, carbides,chlorates,picrates,nitrates and metals.Toxic fumes,gases or vapours 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 equipmentlinstructions 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. General fire hazards Vapors are heavier than air and may spread along floors. Hazardous combustion Hydrogen gas.Hydrogen chloride.Chlorine.Oxygen.Sodium oxides. products B. 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.Keep out of low areas.Wear appropriate protective equipment emergency procedures and clothing during clean-up.Do not breathe mist or vapor.Do not touch damaged containers or spilled material unless wearing appropriate protective clothing.Ventilate closed spaces before entering them.Local authorities should be advised if significant spillages cannot be contained. 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. Use water spray to reduce vapors or divert vapor cloud drift.Prevent entry into waterways,sewer,basements or confined areas. Remove with vacuum trucks or pump to storage/salvage vessels.Contain and absorb spilled liquid with non-combustible,inert absorbent material(e.g.sand). Small spills can be neutralized by covering with a reducing agent,such as Sodium thiosuifate or Sodium sulphite. If not recoverable,dilute with water or flush to holding area and neutralize. Never return spills to original containers for re-use.Contact the proper local authorities. Contaminated absorbent material may pose the same hazards as the spilled product.For waste disposal,see Section 13. Environmental precautions Contact local authorities in case of spillage to drain/aquatic environment.Avoid discharge into drains,water courses or onto the ground. 7. Handling and storage Precautions for safe handling Use only outdoors or in a well-ventilated area.Wear protective gloves/clothing and eye/face protection. Label containers appropriately.When using,do not eat,drink or smoke.Do not taste or swallow.Do not get in eyes,on skin,on clothing.Wash thoroughly after handling.Observe good industrial hygiene practices. Conditions for safe storage, Store locked up.Storage area should be clearly identified,clear of obstruction and accessible only Including any incompatibliities to trained and authorized personnel.Avoid ultraviolet(UV)light sources. Inspect periodically for damage or leaks.Store in corrosive resistant container with a resistant inner liner.Store in original tightly closed container.Keep container tightly closed.Store in a well-ventilated place.Store away from and do not mix with incompatible materials such as acids,oxidizers,organics,reducing agents and all metals except titanium. Keep away from food,drink and animal feedingstuf€s. 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) Material name:Sodium Hypchlorite,10-15%Solution sos us AUC-004 Version#:03 Issue date:03-15-2015 3/10 US.ACGIH Threshold Limit Values Components Type Value Sodium hydroxide(CAS Ceiling 2 mg/m3 1340-73-2) US.NIOSH:Pocket Guide to Chemical Hazards Components Type Value Sodium hydroxide(CAS Ceiling 2 mg/m3 1310-73-2) US.Workplace Environmental Exposure Level(WEEL)Guides Components Type Value SODIUM HYPOCHLORITE STEL 2 mg/m3 (CAS 7681-52-9) Biological limit values No biological exposure limits noted for the ingredient(s). 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.Eye wash facilities and emergency shower must be available when handling this product. Individual protection measures,such as personal protective equipment Eyelface protection Chemical goggles and face shield are recommended.Eye wash facilities and emergency shower must be available when handling this product. 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.Use of an impervious apron is recommended. Respiratory protection Chemical respirator with organic vapor cartridge and full facepiece.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. 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 When using,do not eat,drink or smoke.Do not breathe mist.Avoid contact with eyes,skin and considerations clothing.Upon completion of work,wash hands before eating,drinking,smoking or use of toilet facilities-Remove soiled clothing and wash it thoroughly before reuse. 9. Physical and chemical properties Appearance Clear yellow/green liquid. Physical state Liquid. Form Liquid, Color Clear to yellow/green. Odor Pungent.Chlorine-like. Odor threshold Not available. pH 11 -13 Melting point/freezing point -150'F(A01,11 °C) Initial boiling point and boiling >212°F(>100°C) range Flash point Not Applicable Evaporation rate Not available. Flammability(solid,gas) Not applicable. Upperllower flammability or explosive limits Flammability limit-lower Not Applicable (%) Flammability limit-lower Not Applicable (%)temperature Material name:Sodium Hypchlorite,10-15%Solution Sos us AUG-004 Version#:03 Issue date:03-15-2015 4/10 Flammability limit-upper Not Applicable (%) Flammability limit-upper Not Applicable (%)temperature Explosive limit-lower(%) Not available. Explosive limit-upper(%) Not available. Vapor pressure 12 mm Hg Vapor density Not available. Relative density Not available. Solubility(les) Solubility(water) Soluble Partition coefficient Not available. (n-octanol/water) Auto-Ignition temperature Not available. Decomposition temperature Not available. Viscosity Not available. Other information Density 1-18 g/cm3 Molecular formula NaOCI Molecular weight 74.4 Specific gravity 1.18 10. Stability and reactivity Reactivity Contact with most metals will generate flammable hydrogen gas.Contact with water will generate considerable heat. Reacts with amines and ammonia compounds to form explosively unstable compounds.May be corrosive to metals.May be corrosive to:Aluminum.Stainless steel.Carbon steel.Copper.Bronze Chemical stability Material is stable under normal conditions. Possibility of hazardous Reacts vigorously or violently with many organic and inorganic chemicals such as:acids,acrolein, reactions acrylonitdie,chlorinated hydrocarbons(e.g. 1,2 dichloroethylene),chlorine dioxide,maleic anhydride,nitroethane,nitroparaffins,2-nitrophenol,nitropropane,phosphorus,potassium persuifate,and tetrahydrofuran(containing peroxides). Conditions to avoid Direct sources of heat.Avoid high temperatures.Direct sunlight.Avoid contact with incompatible materials.Do not use in areas without adequate ventilation.Do not allow evaporation to dryness. Incompatible materials Metals.Strong oxidizing agents.Acids.Amines.Ammonia. Reducing agents.Nitrites.Organic compounds. Hazardous decomposition None known,refer to hazardous combustion products in Section 5. products In the event of fire the following can be released:Chlorine.Sodium chlorate. 11.Toxicological information Information on likely routes of exposure Inhalation Prolonged inhalation may be harmful. May cause irritation to the respiratory system.May cause severe irritation to the nose,throat,and respiratory tract, Skin contact Causes severe skin bums. Eye contact Causes serious eye damage. Ingestion Causes digestive tract burns. Ingestion may cause severe irritation of the mouth,the esophagus and the gastrointestinal tract- Most important Corrosive to the eyes and may cause severe damage including blindness.Symptoms may include symptoms/effects,acute and stinging,tearing,redness,swelling,and blurred vision.Direct skin contact may cause corrosive delayed skin bums,deep ulcerations and possibly permanent scarring.Can cause severe respiratory irritation.Symptoms may include coughing,choking and wheezing.Inhalation could result in pulmonary edema(fluid accumulation).Symptoms of pulmonary edema(chest pain,shortness of breath)may be delayed.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 Material name:Sodium Hypchlorite,10-15%Solution sos us AUC-004 Version#:03 Issue date:03-15-2015 5/10 Acute toxicity Not expected to be hazardous by OSHA criteria.There is no available data for the product itself, only for the ingredients.See data for individual ingredient acute toxicity data. Components Species Test Results Sodium hydroxide(CAS 1310-73-2) Acute Dermal LD50 Rabbit No Data in Literature Inhalation LC50 Rat No Data in Literature Oral LD50 Rat No Data in Literature Sodium Hypochlorite(CAS 7681-52-9) Acute Dermal LD50 Rabbit >10000 mg/kg Inhalation LC50 Rat >5.25 mg/I/4h Oral LD50 Rat 8910 mg/kg Skin corrosion/irritation Hazardous by OSHA criteria. Causes severe skin bums.Causes severe skin burns and eye damage.Skin corrosion/irritation- Category 1. Serious eye damage/eye Hazardous by OSHA criteria. irritation Causes serious eye damage. Serious eye damage/eye irritation-Category 1 Respiratory or skin sensitization Respiratory sensitization Not expected to be a respiratory sensitizer. Skin sensitizer Not expected to be hazardous by OSHA criteria.Not expected to be a skin sensitizer. May cause an allergic skin reaction(e.g.hives,rash)in some hypersensitive individuals_ Germ cell mutagenicfty Not expected to be mutagenic. Carcinogenicity This product is not considered to be a carcinogen by IARC,ACGIH,NTP,or OSHA. [ARC Monographs.Overall Evaluation of Carcinogenicity Sodium Hypochlorite(CAS 7681-52-9) 3 Not classifiable as to carcinogenicity to humans. 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 May cause respiratory irritation.Specific Target Organ Toxicity(STOT),Single Exposure, Category 3. 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 Prolonged inhalation may be harmful.Chronic skin contact with low concentrations may cause dermatitis. 12. Ecological information Ecotoxicity Toxic to aquatic life_ Components Species Test Results Sodium hydroxide(CAS 1310-73-2) Aquatic Acute Crustacea EC50 Water flea(Ceriodaphnia dubia) 40 mg/I,48 hours Material name:Sodium Hypchlorite,10-15%Solution sos us AUC-004 Version#:03 Issue date.03-15-2015 6/10 Components Species Test Results Fish LC50 Western mosquitofish(Gambusia affinis) 125 mg/I,96 hours Sodium Hypochlorite(CAS 7681-52-9) Aquatic Acute Crustacea EC50 Water flea(Daphnia magna) 0.169 mg/I,48 hours Fish LC50 Bluegill (Lepomis macrochirus) 0.58 mg/i,96 hours Persistence and degradability 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 Coilect and reclaim or dispose in sealed containers at licensed waste disposal site.Dispose of contents/container in accordance with local/regional/national/international 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. 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 UN1791 UN proper shipping name HYPOCHLORITE SOLTUTIONS(RO=100) Transport hazard class(es) Class 8 Subsidiary risk - Label(s) 8 Packing group III Environmental hazards Marine pollutant Yes Special precautions for user Read safety instructions,SDS and emergency procedures before handling. Special provisions IB3,N34,T4,TP2,TP24 Packaging exceptions 154 Packaging non bulk 203 Packaging bulk 241 This product does the definition of a marine pollutant as described in 49 CFR section 171.8. IATA UN number UN1791 UN proper shipping name HYPOCHLORITE SOLUTION Transport hazard class(es) Class 8 Subsidiary risk - Packing group III 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. Material name:Sodium Hypchlorite,10-15%Solution SIDS us AUC-004 Version#:03 Issue date:03-15-2015 7/10 IMDG UN number UN1791 UN proper shipping name HYPOCHLORITE SOLUTION Transport hazard class(es) Class 8 Subsidiary risk - Packing group III Environmental hazards Marine pollutant No. EmS F-A, S-B Special precautions for user Read safety instructions,SIDS and emergency procedures before handling. Transport in bulk according to Not available. Annex li of MARPOL 73/78 and the IBC Code DOT IATA;IMDG Marine pollutant 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. Sodium Hypochlorite(CAS 7681-52-9) Listed. SARA 304 Emergency release notification Not regulated- Material name:Sodium Hypchlorite,10-15/Solution SOS us AUC-004 Version#:03 Issue date:03-15-2015 8/10 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 Yes 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) Sodium Hypochlorite(CAS 7681-52-9) US. New Jersey Worker and Community Right-to-Know Act Sodium hydroxide(CAS 1310-73-2) Sodium Hypochlorite(CAS 7681-52-9) US. Pennsylvania Worker and Community Right-to-Know Law Sodium hydroxide(CAS 1310-73-2) Sodium Hypochlorite(CAS 7681-52-9) US.Rhode Island RTK Sodium hydroxide(CAS 1310-73-2) Sodium Hypochlorite(CAS 7681-52-9) 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. International Inventories Country(s)or region Inventory name On inventory(yes/no)* Australia Australian Inventory of Chemical Substances(AICS) 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) Material name:Sodium Hypchlorite,10-15%Solution sosus AUC-004 Version#:03 Issue date:03-15-2015 9 110 Country(s)or region Inventory name On inventory(yes/no)* 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 03-15-2015 Version# 01 HMIS H:3 F:0 R: 1 NFPA H:3 F.0 R: 1 Maximum use level for Sodium hypochlorite under NSF/ANSI Standard 60-Maximum use in potable water is 84 mg/L for 12.5%bleach and 100 mg/L for 10.5%bleach. `-TcertiHed t.7 ACGIH:American Conference of Governmental Industrial Hygienists NSF/ANSI 60 CAS:Chemical Abstract Services List of abbreviations CERCLA:Comprehensive Environmental Response,Compensation and Liability Act of 1980 CFR:Code of Federal Regulations DOT:Department of Transportation DSL:Domestic Substance List EC:European Community E€NECS,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 IMDG:International Maritime Dangerous Goods LC:Lethal Concentration LD:Lethal Dose 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 Prepared by:ICC The Compliance Center Inc. 1-888-442-9628 htip://www.thecompliancecenter.com Disclaimer 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 Bibliography Canadian Centre for Occupational Health and Safety,CCInfoWeb Databases,2014 (Chempendium,RTECs, HSDB, INCHEM) European Chemicals Bureau, Existing Chemicals Work Area,EINECS Information System,2014. Material Safety Data Sheet from manufacturer. OECD-The Global Portal to Information on Chemical Substances-eChemPortal,2014. Material name:Sodium Hypchlorite.10-15%Solution sos us AUC-004 Version#03 Issue date:03-15-2015 10/10 Allied Universal Corporation Item: Sodium hypochlorite- Less than tanker load 12006-372_Sodium_Hypochorite_CO-OP Supporting Docs.pdf 3901 NW 115 Avenue Miami,Florida 33175 305- -2623 qffrce 305-463463-5369 fixx AL"UNRSAL4COERPORATIWON £stnbflshed 0154 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 Hypochlorite to City of Ft. Lauderdale Co- op. 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 271" day of June 2017. (Seal of Corporation) JiVfillgfer, president-CEO 3901 NW 115 Avenue 9501 Rangeliae Road 30 Neil Gunn Drive 5215 W.Tyson Avenue Miami,Florida 33178 Ft.Pierce,Florida 34987 Ellisville,MS 39437 Tampa,Florida 33611 305-898-2623 772-464-6195 60I-477-2550 813-832-4868 8350 NW 115 Avenue 204 SCM Road 1405 Possum Hollow Road 2100 Port Road Listing Category Search Page I NSF International Page I of S 0 The Public Health and Safety Organization NSF Product and Service Listings These NSF Official Listings are current as of Tuesday,August o8,2017 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://info.nsf.ore/Certified/PwsChemicals/Listings.asp? Compa ny.Name=Allied+Universa]+Corpora tion&ChemicaIName=Sodium-rHypochlorite& NSF/ANSI 60 Drinldng Water Treatment Chemicals - Health Effects Allied Universal Corporation 3901 Northwest ti5th Avenue Miami,FL 33178 United States 800-981-6700 305-888-2623 Visit this company's website(httn://-+-win-,. 'eduniversaLeom) Facility: #2 Jacksonville,Florida Sodium HypochloritelCLl Trade Designation Product Function Max Use Aqua Guard Chlorinating Sanitizer Disinfection&Oxidation toomg/L Aqua Guard Chlorinating Sanitizer 10.5% Disinfection&Oxidation ioomg/L Aqua Guard Chlorinating Sanitizer 10.5%Chlorine By Weight Disinfection&Oxidation toomg/L Aqua Guard Sodium Hypochlorite io.5% Disinfection&Oxidation ioomg/L Aqua Guard Sodium Hypochlorite io.5%By Weight Disinfection&Oxidation ioomg/L Sodium Hypochlorite Disinfection&Oxidation ioomg/L Sodium Hypochlorite io.5%Chlorine By Weight Disinfection&Oxidation ioomg/L [CL] The residual levels of chlorine {hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. NOTE: Only products bearing the NSF Mark on the product, product packaging, and/or documentation shipped with the product are Certified. http://info.nsf.org/Ceitified/PwsChemicals/Listings.asp?CompanyName=Allied+Universal+... 8/8/2017 Listing Category Search Page i NSF International Page 2 of 5 Facility:Fort Pierce,FL Sodium Hypoeblorite[CL] Trade Designation Product Function Max Use Aqua Guard Chlorinating Sanitizer Disinfection&Oxidation ioomg/L Aqua Guard Chlorinating Sanitizer 10.5% Disinfection&Oxidation loomg/L Aqua Guard Chlorinating Sanitizer io,5%Chlorine By Weight Disinfection&Oxidation ioomg/L Aqua Guard Sodium Hypochlorite io.5% Disinfection&Oxidation too mg/L Aqua Guard Sodium Hypochlorite io.5%By Weight Disinfection&Oxidation loomg/L Sodium Hypochlorite Disinfection&Oxidation ioomg/L Sodium Hypochlorite 1o.5%Chlorine By Weight Disinfection&Oxidation loomg/L [CLI The residual levels of chlorine (hypochlorite ion and hypochlo.rous acid) , chic rine dioxide, chlorate ion, chloramine and disinfection by-products shah be monitored in the finished drinking water to ensure compliance to all applicable regulations. NOTE: Only products bearing the NSA' Mark on the product, product packaging, and/or documentation shipped wits the product are Certified. Facility: Miami,FL Sodium Hypochlorite[CL] Trade Designation Product Function Max Use Aqua Guard Chlorinating Sanitizer io.5%Chlorine By Weight Disinfection&Oxidation ioomg/L Sodium Hypochlorite 10.5%Chlorine By Weight Disinfection&Oxidation loomg/L Aqua Guard Sodium Hypochlorite 10.5%By Weight Disinfection&Oxidation loomg/L Aqua Guard Chlorinating Sanitizer 1o.5% Disinfection&Oxidation ioomg/L Aqua Guard Sodium Hypochlorite 10.5% Disinfection&Oxidation loomg/L Aqua Guard Chlorinating Sanitizer Disinfection&Oxidation loomg/L Sodium Hypochlorite Disinfection&Oxidation ioomg/L JCL] The residual levels of chlorine (hypochlorite ion and hypochlorous acid) , chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. 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 Hypochlorite[CL] TSrade Designation Product Function Max Use http://info.nsf.org/Certified/PwsChemicals/Listings.asp?CompanyName=Al lied+Universal+... 8/8/2017 Listing Category Search Page I NSF International Page 3 of 5 Aqua Guard Chlorinating Sanitizer io.5%Chlorine By Weight Disinfection&Oxidation ioomg/L Sodium Hypochlorite lo.s%Chlorine By Weight Disinfection&Oxidation ioomg/L Aqua Guard Sodium Hypochlorite io.5%By Weight Disinfection&Oxidation ioomg/L Aqua Guard Chlorinating Sanitizer 10.5% Disinfection&Oxidation ioomg/L Aqua Guard Sodium Hypochlorite io.5% Disinfection&Oxidation zoomg/L Aqua Guard Chlorinating Sanitizer Disinfection&Oxidation loomg/L Sodium Hypochlorite Disinfection&Oxidation zoomg/L (CL; The residual levels of chlorine (hypochlorite ion and hypochlorous acid) , chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. 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 Hypochlorite[CL] Trade Designation Product Function Max Use Aqua Guard Bleach Disinfection&Oxidation 84mg/L Aqua Guard Bleach 12.5% Disinfection&Oxidation 84mg/L Aqua Guard Chlorinating Sanitizer Disinfection&Oxidation loomg/L Aqua Guard Chlorinating Sanitizer io.5% Disinfection&Oxidation ioomg/L Aqua Guard Sodium Hypochlorite io.5% Disinfection&Oxidation ioomg/L Aqua Guard Sodium Hypochlorite 12.5% Disinfection&Oxidation 84mg/L Sodium Hypochlorite io.5% Disinfection&Oxidation ioomg/L Sodium Hypochlorite 12.5% Disinfection&Oxidation 84mg/L (CLl The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in The finished drinking water to ensure compliance to all applicable regulations. NOTE: Only products bearing the NSF Mark on the product, product packaging, anal/or documentation shipped with the product are Certified. Facility:Ranger,GA Sodium Hypochlorite[CL] Trade Designation Product Function Max Use Aqua Guard Bleach Disinfection&Oxidation 84 mg/L Aqua Guard Bleach 12.5% Disinfection&Oxidation 84mg/L Aqua Guard Chlorinating Sanitizer Disinfection&Oxidation ioomg/L Aqua Guard Chlorinating Sanitizer 10.5% Disinfection&Oxidation ioomg/L Aqua Guard Sodium Hypochlorite io.5% Disinfection&Oxidation ioomg/L http://info.nsf.org/Certified/PwsChemicals/Listings.asp?CompanyName=Allied+Uni versal+... 8/8/2017 Listing Category Search Page I NSF international Page 4 of 5 Aqua Guard Sodium Hypochlorite 12.5% Disinfection&Oxidation 84mg/L Sodium Hypochlorite 1o.5% Disinfection&Oxidation loomg/L Sodium Hypochlorite 12.5% Disinfection&Oxidation 84mg/L iCLJ The residual levels of chlorine (hypoch_ori.tc- ion and hypochlorous acid), chlorine dioxide, chl.orate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. 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 Hypoeblorite[CLJ Trade Designation ProduetFunction Max Use Aqua Guard Bleach Disinfection&Oxidation 84mg/L Aqua Guard Bleach 12.5% Disinfection&Oxidation 84mg/L Aqua Guard Chlorinating Sanitizer Disinfection&Oxidation ioomg/L Aqua Guard Chlorinating Sanitizer io.5% Disinfection&Oxidation ioomg/L Aqua Guard Sodium Hypochlorite 1o.5% Disinfection&Oxidation loomg/L Aqua Guard Sodium Hypochlorite 12.5% Disinfection&Oxidation 84mg/L Sodium Hypochlorite 1o.5% Disinfection&Oxidation loorng/L Sodium Hypochlorite 12.5% Disinfection&Oxidation 84mg/L [CLJ The residual levels of chlorine (hypochlorite ion and hypochlorous acid) , chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall. be monitored in the finished drink`_ng water to ensure compliance to all applicable regulations. NOTE: Only products bearing the NSF Mark on the product, product packaging, and/or documentation shipped with the product are Certified. Allied Universal Corporation 39o1 NW 115th Avenue Miami,FL 33178 United States 305-888-2623 Facility:# 1 USA Sodium Hypochlorite[CLJ Trade Designation Product Function Max Use Aqua Guard Chlorinating Sanitizer 100mg/L http://info.nsf.org/Certified/PwsChemicals/Listings.asp?CompanyName=Al lied-Universal+... 8/8/2017 Fisting Category Search Page J NSF International Page 5 of 5 Disinfection&Oxidation Bactericide [CL] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Number of snatching Manufacturers is 2 Number of matching Products is 53 Processing time was i seconds http://info.nsf.org/Certified/PwsChemicals/Listings.asp?CompanyName=Allied+U niversal+... 8/8/2017 -` 3901 Yff 11.5 1Lv'.7'ue jot?-888-1t7L3 of LC'E' itt7-463-h_?0 fiat ALLIED"UNNERSAL CORPORATION Established 1954 AFFIDAVIT This is to certify that as required, all Sodium Hypochlorite solution to be furnished to City of Ft. Lauderdale will comply with the AWWA B300 and ANSI/NSF standard 60 or as may be amended. Cn'sthiar14 Munguia Bid Coordinator Subscribed and sworn to before me This 8th day of August, 2017 Notary Public of the State of Florida. N-�/ot,�_ ublic N ski R.!y'eF' ��f�. II ?,; MY COMMISSION R FF 203413 . EXPIRES:April 28,019 4 of', Bonded Thm Notary FutAc Undenukers 3901 NW 115 Avenue 9501 Rangeline Road 30 Neil Gunn Drive 5215 W.Tyson Avenue Miami,Florida 33178 Ft.Pierce,Florida 34987 Elhsville,MS 39437 Tarnpa,Florida 33611 305-888-2623 772-464-6195 601-477-2550 813-832-4868 8350 NW 115 Avenue 204 SCM Road 1405 Possum Hollow Roar 2100 Port Road Ni liami,Florida 33166 Brunswick,GA 31525 Ranger,GA 30734 West Memphis,AR 72301 305-888-2623 912-267-9470 706-334-7377 870-732-3107 AR SAFETY DATA SHEET NIVERSAL CORPMPON Ertww. d 1954 1. Identification Product identifier Sodium Hypchlorite,10.15%Solution Other means of identification SDS number AUC-003 Synonyms Aqua Guard Chlorinating Santizier.Aqua Guard Bleach"Aqua Guard Sodium Hypochlorite 10.5%'Aqua Guard Sodium Hypochlorite 12.5%'Sodium Hypochlorite'Liquid Bleach"Bleach Hypo Recommended use Swimming pool chemical,hard surface cleaner,water treatment,bleaching,textiles,cooling towers,laudry sanitizer and agricultural/aquacultural purposes 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 Q 1 • Signal word Danger Hazard statement May be corrosive to metals.Causes severe skin bums and eye damage.Causes serious 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. Material name:Sodium HypchlorRe,10-15%Solution sos us AUC-004 Version#:03 Issue date:03-15-2015 1 /10 Response IF SWALLOWED: Rinse mouth, Do NOT induce vomiting. If on skin (or hair):Take off immediately all contaminated clothing.Rinse skin with water/shower.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.Specific treatment(see this label).Wash contaminated clothing before reuse. Storage Store locked up.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. Hazard(s)not otherwise No OSHA defined hazard classes. classified(HNOC) Other hazards which do not result in classification:Contact with most acids may liberate and toxic gas_Chronic skin contact with low concentrations may cause dermatitis. Supplemental information None_ 3. Compositionlinformation on ingredients Mixtures Chemical name Common name and synonyms CAS number % Sodium Hypochlorite HYPOCHLORITE SOLUTION 7681-52-9 10-15.5 Sodium hydroxide Caustic soda 1310.73.2 1-5 Lye Soda lye Other components below reportable levels 80-90 *Designates that a specific chemical identity and/or percentage of composition has been withheld as a trade secret. 4. First-aid measures Inhalation Remove victim to fresh air and keep at rest in a position comfortable for breathing. 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.If breathing is difficult, trained personnel should give oxygen.Call a physician or poison control center immediately. Skin contact Immediately flush skin with running water for at least 20 minutes.Take off immediately all contaminated clothing.Take off immediately all contaminated clothing.Call a physician or poison control center immediately.Chemical burns must be treated by a physician.Wash contaminated clothing before reuse. Cover wound with sterile dressing. Do not rub area of contact. Leather and shoes that have been contaminated with the solution may need to be destroyed. Eye contact Immediately flush eyes with plenty of water for at least 20 minutes.Immediately flush eyes with plenty of water for at least 15 minutes.Remove contact lenses,if present and easy to do.Continue rinsing.Call a physician or poison control center immediately.Take care not to rinse contaminated water into the unaffected eye or onto the face. Ingestion Call a physician or poison control center immediately.Rinse mouth.If swallowed: Rinse mouth, Do NOT induce vomiting. Never give anything by mouth to a victim who is unconscious or Is having convulsions, Do not induce vomiting.If vomiting occurs,keep head low so that stomach content doesn't get into the lungs. Most important Corrosive to the eyes and may cause severe damage including blindness.Symptoms may include symptoms/effects,acute and stinging,tearing,redness,swelling,and blurred vision.Direct skin contact may cause corrosive delayed skin burns,deep ulcerations and possibly permanent scarring.Can cause severe respiratory irritation.Symptoms may include coughing,choking and wheezing. Inhalation could result in pulmonary edema(fluid accumulation).Symptoms of pulmonary edema(chest pain,shortness of breath)may be delayed.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 burns.Treat symptomatically. 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 Water fog_Foam. Dry chemical powder.Carbon dioxide(CO2).Use media suitable to the surrounding fire such as water fog or fine spray,alcohol foams,carbon dioxide. Use water with caution.Contact with water will generate considerable heat. Material name.Sodium Hypchlorite,t 0-15%Solution sos us AUG-004 Version#:03 Issue date:03-15-2015 2/10 Unsuitable extinguishing Do not use water jet as an extinguisher,as this will spread the fire.Do not use dry chemical media extinguishing agents.Maleic anhydride may react with the basic sodium compounds.Use chemical extinguishing agents with caution.Some chemical extinguishing agents may react with this material. Specific hazards arising from Not considered flammable.Vapors are heavier than air and may spread along floors.Contact with the chemical most metals will generate flammable hydrogen gas.Contact with water will generate considerable heat. Reacts violently with a wide variety of organic and inorganic chemicals including alcohol, carbides,chlorates,picrates,nitrates and metals.Toxic fumes,gases or vapours 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 equipmentlinstructions 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. General fire hazards Vapors are heavier than air and may spread along floors. Hazardous combustion Hydrogen gas.Hydrogen chloride_Chlorine.Oxygen.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.Keep out of low areas.Wear appropriate protective equipment emergency procedures and clothing during clean-up.Do not breathe mist or vapor.Do not touch damaged containers or spilled material unless wearing appropriate protective clothing.Ventilate closed spaces before entering them.Local authorities should be advised if significant spillages cannot be contained. 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. Use water spray to reduce vapors or divert vapor cloud drift.Prevent entry into waterways,sewer,basements or confined areas.Remove with vacuum trucks or pump to storage/salvage vessels.Contain and absorb spilled liquid with non-combustible,inert absorbent material(e.g.sand). Small spills can be neutralized by covering with a reducing agent,such as Sodium thiosulfate or Sodium sulphite. If not recoverable,dilute with water or flush to holding area and neutralize. Never return spills to original containers for re-use.Contact the proper local authorities. Contaminated absorbent material may pose the same hazards as the spilled product.For waste disposal,see Section 13. Environmental:precautions Contact local authorities in case of spillage to drain/aquatic environment.Avoid discharge into drains,water courses or onto the ground. 7. Handling and storage Precautions for safe handling Use only outdoors or in a well-ventilated area.Wear protective gloves/clothing and eye/face protection. Label containers appropriately.When using,do not eat,drink or smoke.Do not taste or swallow.Do not get in eyes,on skin,on clothing.Wash thoroughly after handling.Observe good industrial hygiene practices. Conditions for safe storage, Store locked up.Storage area should be clearly identified,clear of obstruction and accessible only including any incompatibilities to trained and authorized personnel.Avoid ultraviolet(UV)light sources. Inspect periodically for damage or leaks.Store in corrosive resistant container with a resistant inner liner.Store in original tightly closed container.Keep container tightly closed.Store in a well-ventilated place.Store away from and do not mix with incompatible materials such as acids,oxidizers,organics,reducing agents and all metals except titanium. Keep away from food,drink and animal feedingstuffs. 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) Material name:Sodium Hypchlorite,10-15%Solution so$us AUC-004 Version#.03 Issue date:03-15-2015 3/10 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) US.Workplace Environmental Exposure Level(WEEL)Guides Components Type Value SODIUM HYPOCHLORITE STEL 2 mg/m3 (CAS 7681-52-9) Biological limit values No biological exposure limits noted for the ingredient(s). 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.Eye wash facilities and emergency shower must be available when handling this product. Individual protection measures,such as personal protective equipment Eye/face protection Chemical goggles and face shield are recommended.Eye wash facilities and emergency shower must be available when handling this product. 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.Use of an impervious apron is recommended. Respiratory protection Chemical respirator with organic vapor cartridge and full facepiece.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. 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 When using,do not eat,drink or smoke.Do not breathe mist.Avoid contact with eyes,skin and considerations clothing.Upon completion of work,wash hands before eating,drinking,smoking or use of toilet facilities.Remove soiled clothing and wash it thoroughly before reuse. 9. Physical and chemical properties Appearance Clear yellow/green liquid. Physical state Liquid. Form Liquid. Color Clear to yellow/green. Odor Pungent.Chlorine-like. Odor threshold Not available. pH 11 -13 Melting point/freezing point -150°F(-101,11 °C) Initial boiling point and boiling >212°F(>100'C) range Flash point Not Applicable Evaporation rate Not available. Flammability(solid,gas) Not applicable. Uppertlower flammability or explosive limits Flammability limit-lower Not Applicable (0Q Flammability limit-lower Not Applicable (%)temperature Material name:Sodium Hypchiorite,10-15%Solution sas us AUG-004 Version#:03 Issue date:03-15-2015 4/10 Flammability limit-upper Not Applicable (°i°) Flammability limit-upper Not Applicable (%)temperature Explosive limit-lower(%) Not available. Explosive limit-upper(%) Not available. Vapor pressure 12 mm Hg Vapor density Not available. Relative density Not available. Solubility(ies) Solubility(water) Soluble Partition coeffictent Not available. (n-octanol/water) Auto-Ignition temperature Not available. Decomposition temperature Not available. Viscosity Not available. Other information Density 1.18 g/cm3 Molecular formula NaOCI Molecular weight 74.4 Specific gravity 1.18 10. Stability and reactivity Reactivity Contact with most metals will generate flammable hydrogen gas.Contact with water will generate considerable heat.Reacts with amines and ammonia compounds to form explosively unstable compounds.May be corrosive to metals.May be corrosive to:Aluminum-Stainless steel.Carbon steel.Copper.Bronze Chemical stability Material is stable under normal conditions. Possibility of hazardous Reacts vigorously or violently with many organic and inorganic chemicals such as:acids,acrolein, reactions acrylonithle,chlorinated hydrocarbons(e.g. 1,2 dichioroethylene),chlorine dioxide,maieic anhydride, nitroethane,nitroparaffins,2-nitrophenol,nitropropane,phosphorus,potassium persuifate,and tetrahydrofuran(containing peroxides). Conditions to avoid Direct sources of heat.Avoid high temperatures.Direct sunlight.Avoid contact with incompatible materials.Do not use in areas without adequate ventilation.Do not allow evaporation to dryness. Incompatible materials Metals,Strong oxidizing agents.Acids.Amines.Ammonia.Reducing agents.Nitrites.Organic compounds. Hazardous decomposition None known,refer to hazardous combustion products in Section 5. products In the event of fire the following can be released:Chlorine.Sodium chlorate. 11.Toxicological information Information on likely routes of exposure Inhalation Prolonged inhalation may be harmful. May cause irritation to the respiratory system.May cause severe irritation to the nose,throat,and respiratory tract. Skin contact Causes severe skin bums. Eye contact Causes serious eye damage. Ingestion Causes digestive tract burns. Ingestion may cause severe irritation of the mouth,the esophagus and the gastrointestinal tract. Most important Corrosive to the eyes and may cause severe damage including blindness.Symptoms may include symptoms/effects,acute and stinging,tearing,redness,swelling,and blurred vision.Direct skin contact may cause corrosive delayed skin bums,deep ulcerations and possibly permanent scarring.Can cause severe respiratory irritation.Symptoms may include coughing,choking and wheezing.Inhalation could result in pulmonary edema(fluid accumulation).Symptoms of pulmonary edema(chest pain,shortness of breath)may be delayed.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 Material name:Sodium Hypchlorite,10-15%Solution sos us AUC-004 Version#:03 Issue date:03-15-2015 5/10 Acute toxicity Not expected to be hazardous by OSHA criteria.There is no available data for the product itself, only for the ingredients.See data for individual ingredient acute toxicity data. Components Species Test Results Sodium hydroxide(CAS 1310-73-2) Acute Dermal LD50 Rabbit No Data in Literature Inhalation LC50 Rat No Data in Literature Oral LD50 Rat No Data in Literature Sodium Hypochlorite(CAS 7681-52-9) Acute Dermal LD50 Rabbit >10000 mg/kg Inhalation LC50 Rat >5.25 mg/I/4h Oral LD50 Rat 8910 mg/kg Skin corrosion/irritation Hazardous by OSHA criteria. Causes severe skin bums.Causes severe skin burns and eye damage.Skin corrosion/irritation- Category 1. Serious eye damage/eye Hazardous by OSHA criteria. irritation Causes serious eye damage. Serious eye damage/eye irritation-Category 1 Respiratory or skin sensitization Respiratory sensitization Not expected to be a respiratory sensitizer. Skin sensitizer Not expected to be hazardous by OSHA criteria.Not expected to be a skin sensitizer. May cause an allergic skin reaction(e.g.hives,rash)in some hypersensitive individuals. Germ cell mutagenic€ty Not expected to be mutagenic. Carcinogenicity This product is not considered to be a carcinogen by iARC,ACGIH,NTP,or OSHA. [ARC Monographs.Overall Evaluation of Carcinogenicity Sodium Hypochlorite(CAS 7681-52-9) 3 Not classifiable as to carcinogenicity to humans. 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 May cause respiratory irritation.Specific Target Organ Toxicity(STOT),Single Exposure, Category 3. 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 Prolonged inhalation may be harmful.Chronic skin contact with low concentrations may cause dermatitis. 12. Ecological information Ecotoxicity Toxic to aquatic life. Components Species Test Results Sodium hydroxide(CAS 1310-73-2) Aquatic Acute Crustacea EC50 Water flea(Ceriodaphnia dubia) 40 mg/l,48 hours Material name:Sodium Hypchlorite,10-15%Solution sos us AUC-004 Version#:03 Issue date:03-15-2015 6/10 Components Species Test Results Fish LC50 Western mosquitofish(Gambusia affinis) 125 mg/I,96 hours Sodium Hypochlorite(CAS 7681-52-9) Aquatic Acute Crustacea EC50 Water flea(Daphnia magna) 0.169 mg/I,48 hours Fish LC50 Bluegill(Lepomis macrochirus) 0.58 mg/I,96 hours Persistence and degradability 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.Dispose of contents/container in accordance with local/regional/national/international 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. 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 LIN number UN1791 UN proper shipping name HYPOCHLORITE SOLTUTIONS(RQ=100) Transport hazard class(es) Class 8 Subsidiary risk - Labei(s) 8 Packing group III Environmental hazards Marine pollutant Yes Special precautions for user Read safety instructions,SDS and emergency procedures before handling. Special provisions IB3,N34,T4,TP2,TP24 Packaging exceptions 154 Packaging non bulk 203 Packaging bulk 241 This product does the definition of a marine pollutant as described in 49 CFR section 171.8. IATA UN number UN1791 UN proper shipping name HYPOCHLORITE SOLUTION Transport hazard ciass(es) Class 8 Subsidiary risk - Packing group III 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. Material name:Sodium Hypchlorite,10-15%Solution sos us AUC-004 Version#:03 Issue date:03-15-2015 7/10 IMDG UN number UN1791 UN proper shipping name HYPOCHLORITE SOLUTION Transport hazard class(es) Class 8 Subsidiary risk - Packing group 111 Environmental hazards Marine pollutant No. EmS F-A,S-B Special precautions for user Read safety instructions,SIDS and emergency procedures before handling. Transport in bulk according to Not available. Annex ll of MARPOL 73/78 and the IBC Code DOT IATA;IMDG G Marine pollutant 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. Sodium Hypochiorite(GAS 7681-52-9) Listed- SARA 304 Emergency release notification Not regulated- Material name:Sodium Hypchlorite,10-15%Solution sus us AUC-004 Version#:03 Issue date:03-15-2015 8/10 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 Yes 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) Sodium Hypochlorite(CAS 7681-52-9) US. New Jersey Worker and Community Right-to-Know Act Sodium hydroxide(CAS 1310-73-2) Sodium Hypochlorite(CAS 7681-52-9) US. Pennsylvania Worker and Community Right-to-Know Law Sodium hydroxide(CAS 1310-73-2) Sodium Hypochlorite(CAS 7681-52-9) US.Rhode Island RTK Sodium hydroxide(GAS 1310-73-2) Sodium Hypochlodte(CAS 7681-52-9) 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. International Inventories Country(s)or region inventory name On inventory(yes/no)* Australia Australian Inventory of Chemical Substances(AICS) 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) Material name:Sodium Hypchlorite,10-15%Solution sos us AUG-004 Version#:03 Issue date:03-15-2015 9110 Country(s)or region Inventory name On inventory(yes/no)* 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 03-15-2015 Version# D1 HMIS H�3 F:0 R: 1 NFPA H:3 F:0 R: 1 Maximum use level for Sodium hypochlorite under NSF/ANSI Standard 60-Maximum use in potable water is 84 mg/L for 12 5%bleach and 100 mg/L for 10.5%bleach. `—certf-ed to ACGIH:American Conference of Governmental Industrial Hygienists NSF/ANSI 60 1 CAS:Chemical Abstract Services List of abbreviations CERCLA:Comprehensive Environmental Response,Compensation and Liability Act of 1980 CFR:Code of Federal Regulations DOT:Department of Transportation DSL:Domestic Substance List EC:European Community 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 IMDG:International Maritime Dangerous Goads LC:Lethal Concentration LD:Lethal Dose NOEL: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 Prepared by:ICC The Compliance Center Inc. 1-888-442-9628 http://www.thecom p I i an cecenter.com Disclaimer Disclaimer This Safety Data Sheet was prepared by ICC The Compliance Center Inc.using information provided by/obtained from Ailied 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 Bibliography Canadian Centre for Occupational Health and Safety,CCInfoWeb Databases,2014 (Chempendium,RTECs, HSDB, INCHEM) European Chemicals Bureau, Exisfing Chemicals Work Area,EINECS Information System,2014. Material Safety Data Sheet from manufacturer. OECD-The Global Portal to Information on Chemical Substances-eChemPortal,2014, Material name:Sodium Hypohlorite,10-15%Solution SDS us AUC-004 Version 403 Issue date:03-15-2015 10/10 CITY OF FORT LAUDERDALE GENERAL CONDITIONS These instructions are standard for all contracts for commodities or services issued through the City of Fort Lauderdale Procurement Services Division. The City may delete, supersede, or modify any of these standard instructions for a particular contract by indicating such change in the Invitation to Bid(ITB)Special Conditions,Technical Specifications, Instructions,Proposal Pages,Addenda,and Legal Advertisement.In this general conditions document,Invitation to Bid(ITB), Request for Qualifications(RFQ),and Request for Proposal(RFP)are interchangeable. PART I BIDDER PROPOSAL PAGE(S)CONDITIONS: 1.01 BIDDER ADDRESS: The City maintains automated vendor address lists that have been generated for each specific Commodity Class item through our bid issuing service,BidSync. Notices of Invitations to Bid(ITB'S)are sent by e-mail to the selection of bidders who have fully registered with BidSync or faxed(if applicable) to every vendor on those lists,who may then view the bid documents online. Bidders who have been informed of a bid's availability in any other manner are responsible for registering with BidSync in order to view the bid documents.There is no fee for doing so. If you wish bid notifications be provided to another e-mail address or fax, please contact BidSync. If you wish purchase orders sent to a different address, please so indicate in your bid response. If you wish payments sent to a different address,please so indicate on your invoice. 1.02 DELIVERY: Time will be of the essence for any orders placed as a result of this ITB. The City reserves the right to cancel any orders, or part thereof,without obligation if delivery is not made in accordance with the schedule specified by the Bidder and accepted by the City. 1.03 PACKING SLIPS: It will be the responsibility of the awarded Contractor,to attach all packing slips to the OUTSIDE of each shipment. Packing slips must provide a detailed description of what is to be received and reference the City of Fort Lauderdale purchase order number that is associated with the shipment. Failure to provide a detailed packing slip attached to the outside of shipment may result in refusal of shipment at Contractor's expense. 1.04 PAYMENT TERMS AND CASH DISCOUNTS: Payment terms,unless otherwise stated in this ITB,will be considered to be net 45 days after the date of satisfactory delivery at the place of acceptance and receipt of correct invoice at the office specified,whichever occurs last. Bidder may offer cash discounts for prompt payment but they will not be considered in determination of award. If a Bidder offers a discount,it is understood that the discount time will be computed from the date of satisfactory delivery, at the place of acceptance, and receipt of correct invoice, at the office specified,whichever occurs last. 1.05 TOTAL BID DISCOUNT: If Bidder offers a discount for award of all items listed in the bid,such discount shall be deducted from the total of the firm net unit prices bid and shall be considered in tabulation and award of bid. 1.06 BIDS FIRM FOR ACCEPTANCE: Bidder warrants,by virtue of bidding,that the bid and the prices quoted in the bid will be firm for acceptance by the City for a period of one hundred twenty(120)days from the date of bid opening unless otherwise stated in the ITB. 1.07 VARIANCES: For purposes of bid evaluation,Bidder's must indicate any variances,no matter how slight,from ITB General Conditions,Special Conditions,Specifications or Addenda in the space provided in the ITB. No variations or exceptions by a Bidder will be considered or deemed a part of the bid submitted unless such variances or exceptions are listed in the bid and referenced in the space provided on the bidder proposal pages. If variances are not stated,or referenced as required, it will be assumed that the product or service fully complies with the City's terms,conditions,and specifications. By receiving a bid,City does not necessarily accept any variances contained in the bid. All variances submitted are subject to review and approval by the City. If any bid contains material variances that, in the City's sole opinion,make that bid conditional in nature,the City reserves the right to reject the bid or part of the bid that is declared,by the City as conditional. 1.08 NO BIDS: If you do not intend to bid please indicate the reason,such as insufficient time to respond,do not offer product or service, unable to meet specifications,schedule would not permit,or any other reason, in the space provided in this ITB. Failure to bid or return no bid comments prior to the bid due and opening date and time,indicated in this ITB,may result in your firm being deleted from our Bidder's registration list for the Commodity Class Item requested in this ITB. 1.09 MINORITY AND WOMEN BUSINESS ENTERPRISE PARTICIPATION AND BUSINESS DEFINITIONS: The City of Fort Lauderdale wants to increase the participation of Minority Business Enterprises(MBE),Women Business Enterprises(WBE), and Small Business Enterprises(SBE) in its procurement activities. If your firm qualifies in accordance with the below definitions please indicate in the space provided in this ITB. Minority Business Enterprise(MBE)"A Minority Business" is a business enterprise that is owned or controlled by one or more socially or economically disadvantaged persons. Such disadvantage may arise from cultural,racial,chronic economic circumstances or background or other similar cause. Such persons include,but are not limited to: Blacks,Hispanics,Asian Americans,and Native Americans. The term "Minority Business Enterprise" means a business at least 51 percent of which is owned by minority group members or,in the case of a publicly owned business,at least 51 percent of the stock of which is owned by minority group members. For the purpose of the preceding sentence, minority group members are citizens of the United States who include,but are not limited to. Blacks,Hispanics,Asian Americans,and Native Americans. Women Business Enterprise(WBE)a"Women Owned or Controlled Business" is a business enterprise at least 51 percent of which is owned by females or, in the case of a publicly owned business, at least 51 percent of the stock of which is owned by females. Small Business Enterprise(SBE) "Small Business"means a corporation,partnership,sole proprietorship,or other legal entity formed for the purpose of making a profit,which is independently owned and operated, has either fewer than 100 employees or less than$1,000,000 in annual gross receipts. BLACK,which includes persons having origins in any of the Black racial groups of Africa WHITE,which includes persons whose origins are Anglo-Saxon and Europeans and persons of Indo-European decent including Pakistani and East Indian. HISPANIC,which includes persons of Mexican,Puerto Rican,Cuban,Central and South American,or other Spanish culture or origin,regardless of race. NATIVE AMERICAN,which includes persons whose origins are American Indians,Eskimos,Aleuts,or Native Hawaiians. ASIAN AMERICAN,which includes persons having origin in any of the original peoples of the Far East,Southeast Asia,the Indian subcontinent,or the Pacific Islands. 1.10 MINORITY-WOMEN BUSINESS ENTERPRISE PARTICIPATION It is the desire of the City of Fort Lauderdale to increase the participation of minority(MBE)and women-owned(WBE) businesses in its contracting and procurement programs. While the City does not have any preference or set aside programs in place,it is committed to a policy of equitable participation for these firms. Proposers are requested to include in their proposals a narrative describing their past accomplishments and intended actions in this area. If proposers are considering minority or women owned enterprise participation in their proposal,those firms,and their specific duties have to be identified in the proposal. If a proposer is considered for award,he or she will be asked to meet with City staff so that the intended MBE/WBE participation can be formalized and included in the subsequent contract. 1.11 SCRUTINIZED COMPANIES Subject to Odebrecht Construction, Inc, v. Prasad, 876 F.Supp.2d 1305 (S.D. Fla. 2012), affirmed, Odebrecht Construction, Inc., v. Secretary, Florida Department of Transportation,715 F 3d 1268(11th Cir.2013),with regard to the "Cuba Amendment," the Contractor certifies that it is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725,Florida Statutes(2016),that it is not engaged in a boycott of Israel,and that it does not have business operations in Cuba or Syria,as provided in section 287.135, Florida Statutes(2016),as may be amended or revised. The City may terminate this Agreement at the City's option if the Contractor is found to have submitted a false certification as provided under subsection(5)of section 287.135, Florida Statutes(2016),as may be amended or revised, or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725,Florida Statutes(2016),or is engaged in a boycott of Israel or has been engaged in business operations in Cuba or Syria,as defined in Section 287.135,Florida Statutes(2016),as may be amended or revised. 1.12 DEBARRED OR SUSPENDED BIDDERS OR PROPOSERS The bidder or proposer certifies, by submission of a response to this solicitation,that neither it nor its principals and subcontractors are presently debarred or suspended by any Federal department or agency. Part II DEFINITIONS/ORDER OF PRECEDENCE: 2.01 BIDDING DEFINITIONS The City will use the following definitions in its general conditions, special conditions,technical specifications,instructions to bidders,addenda and any other document used in the bidding process: INVITATION TO BID(ITB)when the City is requesting bids from qualified Bidders. REQUEST FOR PROPOSALS(RFP)when the City is requesting proposals from qualified Proposers. REQUEST FOR QUALIFICATIONS(RFQ)when the City is requesting qualifications from qualified Proposers. BID—a price and terms quote received in response to an ITB. PROPOSAL—a proposal received in response to an RFP. BIDDER—Person or firm submitting a Bid. PROPOSER—Person or firm submitting a Proposal. RESPONSIVE BIDDER—A person whose bid conforms in all material respects to the terms and conditions included in the ITB. RESPONSIBLE BIDDER—A person who has the capability in all respects to perform in full the contract requirements,as stated in the ITB,and the integrity and reliability that will assure good faith performance. FIRST RANKED PROPOSER—That Proposer,responding to a City RFP,whose Proposal is deemed by the City,the most advantageous to the City after applying the evaluation criteria contained in the RFP. SELLER—Successful Bidder or Proposer who is awarded a Purchase Order or Contract to provide goods or services to the City. CONTRACTOR—Successful Bidder or Proposer who is awarded a Purchase Order,award Contract, Blanket Purchase Order agreement,or Term Contract to provide goods or services to the City. CONTRACT—A deliberate verbal or written agreement between two or more competent parties to perform or not to perform a certain act or acts, including all types of agreements, regardless of what they may be called,for the procurement or disposal of equipment,materials,supplies,services or construction. CONSULTANT—Successful Bidder or Proposer who is awarded a contract to provide professional services to the City. The following terms may be used interchangeably by the City: ITB and/or RFP;Bid or Proposal;Bidder, Proposer,or Seller; Contractor or Consultant;Contract,Award,Agreement or Purchase Order. 2.02 SPECIAL CONDITIONS: Any and all Special Conditions contained in this ITB that may be in variance or conflict with these General Conditions shall have precedence over these General Conditions. If no changes or deletions to General Conditions are made in the Special Conditions,then the General Conditions shall prevail in their entirety, PART III BIDDING AND AWARD PROCEDURES: 3.01 SUBMISSION AND RECEIPT OF BIDS: To receive consideration,bids must be received prior to the bid opening date and time. Unless otherwise specified,Bidders should use the proposal forms provided by the City. These forms may be duplicated, but failure to use the forms may cause the bid to be rejected. Any erasures or corrections on the bid must be made in ink and initialed by Bidder in ink. All information submitted by the Bidder shall be printed,typewritten or filled in with pen and ink. Bids shall be signed in ink. Separate bids must be submitted for each ITB issued by the City in separate sealed envelopes properly marked. When a particular ITB or RFP requires multiple copies of bids or proposals they may be included in a single envelope or package properly sealed and identified. Only send bids via facsimile transmission(FAX)if the ITB specifically states that bids sent via FAX will be considered. If such a statement is not included in the ITB, bids sent via FAX will be rejected. Bids will be publicly opened in the Procurement Office,or other designated area,in the presence of Bidders,the public,and City staff. Bidders and the public are invited and encouraged to attend bid openings. Bids will be tabulated and made available for review by Bidder's and the public in accordance with applicable regulations. 3.02 MODEL NUMBER CORRECTIONS: If the model number for the make specified in this ITB is incorrect,or no longer available and replaced with an updated model with new specifications,the Bidder shall enter the correct model number on the bidder proposal page. In the case of an updated model with new specifications,Bidder shall provide adequate information to allow the City to determine if the model bid meets the City's requirements. 3.03 PRICES QUOTED: Deduct trade discounts,and quote firm net prices. Give both unit price and extended total. In the case of a discrepancy in computing the amount of the bid,the unit price quoted will govern. All prices quoted shall be F.O.B. destination,freight prepaid (Bidder pays and bears freight charges, Bidder owns goods in transit and files any claims), unless otherwise stated in Special Conditions. Each item must be bid separately. No attempt shall be made to tie any item or items contained in the ITB with any other business with the City. 3.04 TAXES: The City of Fort Lauderdale is exempt from Federal Excise and Florida Sales taxes on direct purchase of tangible property. Exemption number for EIN is 59.6000319,and State Sales tax exemption number is 85-8013875578C-1. 3.05 WARRANTIES OF USAGE: Any quantities listed in this ITB as estimated or projected are provided for tabulation and information purposes only. No warranty or guarantee of quantities is given or implied. It is understood that the Contractor will furnish the City's needs as they arise. 3.06 APPROVED EQUAL: When the technical specifications call for a brand name,manufacturer,make,model,or vendor catalog number with acceptance of APPROVED EQUAL,it shall be for the purpose of establishing a level of quality and features desired and acceptable to the City. In such cases,the City will be receptive to any unit that would be considered by qualified City personnel as an approved equal. In that the specified make and model represent a level of quality and features desired by the City,the Bidder must state clearly in the bid any variance from those specifications. It is the Bidder's responsibility to provide adequate information,in the bid,to enable the City to ensure that the bid meets the required criteria. If adequate information is not submitted with the bid,it may be rejected. The City will be the sole judge in determining if the item bid qualifies as an approved equal. 3.07 MINIMUM AND MANDATORY TECHNICAL SPECIFICATIONS: The technical specifications may include items that are considered minimum, mandatory,or required. If any Bidder is unable to meet or exceed these items, and feels that the technical specifications are overly restrictive,the bidder must notify the Procurement Services Division immediately. Such notification must be received by the Procurement Services Division prior to the deadline contained in the ITB,for questions of a material nature,or prior to five(5)days before bid due and open date,whichever occurs first. If no such notification is received prior to that deadline,the City will consider the technical specifications to be acceptable to all bidders. 3.08 MISTAKES: Bidders are cautioned to examine all terms,conditions,specifications,drawings,exhibits, addenda,delivery instructions and special conditions pertaining to the ITB. Failure of the Bidder to examine all pertinent documents shall not entitle the bidder to any relief from the conditions imposed in the contract. 3.09 SAMPLES AND DEMONSTRATIONS: Samples or inspection of product may be requested to determine suitability. Unless otherwise specified in Special Conditions,samples shall be requested after the date of bid opening,and if requested should be received by the City within seven(7)working days of request. Samples,when requested, must be furnished free of expense to the City and if not used in testing or destroyed,will upon request of the Bidder,be returned within thirty(30) days of bid award at Bidder's expense. When required,the City may request full demonstrations of units prior to award. When such demonstrations are requested,the Bidder shall respond promptly and arrange a demonstration at a convenient location. Failure to provide samples or demonstrations as specified by the City may result in rejection of a bid. 3.10 LIFE CYCLE COSTING If so specified in the ITB,the City may elect to evaluate equipment proposed on the basis of total cost of ownership. In using Life Cycle Costing, factors such as the following may be considered: estimated useful life, maintenance costs,cost of supplies, labor intensity,energy usage,environmental impact,and residual value. The City reserves the right to use those or other applicable criteria, in its sole opinion that will most accurately estimate total cost of use and ownership. 3.11 BIDDING ITEMS WITH RECYCLED CONTENT: In addressing environmental concerns,the City of Fort Lauderdale encourages Bidders to submit bids or alternate bids containing items with recycled content. When submitting bids containing items with recycled content, Bidder shall provide documentation adequate for the City to verify the recycled content. The City prefers packaging consisting of materials that are degradable or able to be recycled. When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled material or packaging that is able to be recycled. 3.12 USE OF OTHER GOVERNMENTAL CONTRACTS: The City reserves the right to reject any part or all of any bids received and utilize other available governmental contracts,if such action is in its best interest. 3.13 QUALIFICATIONS/INSPECTION: Bids will only be considered from firms normally engaged in providing the types of commodities/services specified herein. The City reserves the right to inspect the Bidder's facilities,equipment,personnel, and organization at any time,or to take any other action necessary to determine Bidder's ability to perform. The Procurement Director reserves the right to reject bids where evidence or evaluation is determined to indicate inability to perform. 3.14 BID SURETY: If Special Conditions require a bid security,it shall be submitted in the amount stated. A bid security can be in the form of a bid bond or cashiers check. Bid security will be returned to the unsuccessful bidders as soon as practicable after opening of bids. Bid security will be returned to the successful bidder after acceptance of the performance bond,if required;acceptance of insurance coverage,if required;and full execution of contract documents, if required;or conditions as stated in Special Conditions. 3.15 PUBLIC RECORDSITRADE SECRETS/COPYRIGHT: The Proposer's response to the RFP is a public record pursuant to Florida law,which is subject to disclosure by the City under the State of Florida Public Records Law, Florida Statutes Chapter 119.07("Public Records Law'). The City shall permit public access to all documents, papers, letters or other material submitted in connection with this RFP and the Contract to be executed for this RFP,subject to the provisions of Chapter 119.07 of the Florida Statutes. Any language contained in the Proposer's response to the RFP purporting to require confidentiality of any portion of the Proposer's response to the RFP,except to the extent that certain information is in the City's opinion a Trade Secret pursuant to Florida law,shall be void. If a Proposer submits any documents or other information to the City which the Proposer claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07("Public Records Laws"), the Proposer shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Proposer must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Proposer's response to the RFP constitutes a Trade Secret. The city's determination of whether an exemption applies shall be final, and the proposer agrees to defend, indemnify, and hold harmless the city and the city's officers,employees, and agent, against any loss or damages incurred by any person or entity as a result of the city's treatment of records as public records. Proposals purporting to be subject to copyright protection in full or in part will be rejected. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW,DO NOT MARK YOUR RESPONSE TO THE RFP AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR RESPONSE TO THE RFP OR ANY PART THEREOF AS COPYRIGHTED. 3.16 PROHIBITION OF INTEREST: No contract will be awarded to a bidding firm who has City elected officials, officers or employees affiliated with it,unless the bidding firm has fully complied with current Florida State Statutes and City Ordinances relating to this issue. Bidders must disclose any such affiliation. Failure to disclose any such affiliation will result in disqualification of the Bidder and removal of the Bidder from the City's bidder lists and prohibition from engaging in any business with the City. 3.17 RESERVATIONS FOR AWARD AND REJECTION OF BIDS: The City reserves the right to accept or reject any or all bids,part of bids,and to waive minor irregularities or variations to specifications contained in bids,and minor irregularities in the bidding process. The City also reserves the right to award the contract on a split order basis, lump sum basis, individual item basis,or such combination as shall best serve the interest of the City. The City reserves the right to make an award to the responsive and responsible bidder whose product or service meets the terms,conditions,and specifications of the ITB and whose bid is considered to best serve the City's interest. In determining the responsiveness of the offer and the responsibility of the Bidder,the following shall be considered when applicable: the ability,capacity and skill of the Bidder to perform as required;whether the Bidder can perform promptly,or within the time specified,without delay or interference; the character,integrity,reputation,judgment,experience and efficiency of the Bidder;the quality of past performance by the Bidder,the previous and existing compliance by the Bidder with related laws and ordinances;the sufficiency of the Bidder's financial resources;the availability,quality and adaptability of the Bidder's supplies or services to the required use;the ability of the Bidder to provide future maintenance,service or parts;the number and scope of conditions attached to the bid. If the ITB provides for a contract trial period,the City reserves the right, in the event the selected bidder does not perform satisfactorily,to award a trial period to the next ranked bidder or to award a contract to the next ranked bidder,if that bidder has successfully provided services to the City in the past. This procedure to continue until a bidder is selected or the contract is re-bid,at the sole option of the City. 3.18 LEGAL REQUIREMENTS: Applicable provisions of all federal,state,county laws,and local ordinances,rules and regulations, shall govern development,submittal and evaluation of all bids received in response hereto and shall govern any and all claims and disputes which may arise between person(s)submitting a bid response hereto and the City by and through its officers,employees and authorized representatives,or any other person, natural or otherwise;and lack of knowledge by any bidder shall not constitute a cognizable defense against the legal effect thereof. 3.19 BID PROTEST PROCEDURE: ANY PROPOSER OR BIDDER WHO IS NOT RECOMMENDED FOR AWARD OF A CONTRACT AND WHO ALLEGES A FAILURE BY THE CITY TO FOLLOW THE CITY'S PROCUREMENT ORDINANCE OR ANY APPLICABLE LAW MAY PROTEST TO THE DIRECTOR OF PROCUREMENT SERVICES DIVISION(DIRECTOR),BY DELIVERING A LETTER OF PROTEST TO THE DIRECTOR WITHIN FIVE(5)DAYS AFTER A NOTICE OF INTENT TO AWARD IS POSTED ON THE CITY'S WEB SITE AT THE FOLLOWING LINK: http://www.fortlauderdale.gov/purchasing/notices_of—intent.htm THE COMPLETE PROTEST ORDINANCE MAY BE FOUND ON THE CITY'S WEB SITE AT THE FOLLOWING LINK: http://www.fortlauderdale.gov/purchasing/protestordinance.pdf PART IV BONDS AND INSURANCE 4.01 PERFORMANCE BOND: If a performance bond is required in Special Conditions,the Contractor shall within fifteen (15) working days after notification of award,furnish to the City a Performance Bond, payable to the City of Fort Lauderdale, Florida, in the face amount specified in Special Conditions as surety for faithful performance under the terms and conditions of the contract. If the bond is on an annual coverage basis,renewal for each succeeding year shall be submitted to the City thirty(30)days prior to the termination date of the existing Performance Bond.The Performance Bond must be executed by a surety company of recognized standing,authorized to do business in the State of Florida and having a resident agent. Acknowledgement and agreement is given by both parties that the amount herein set for the Performance Bond is not intended to be nor shall be deemed to be in the nature of liquidated damages nor is it intended to limit the liability of the Contractor to the City in the event of a material breach of this Agreement by the Contractor. 4.02 INSURANCE: If the Contractor is required to go on to City property to perform work or services as a result of ITB award,the Contractor shall assume full responsibility and expense to obtain all necessary insurance as required by City or specified in Special Conditions. The Contractor shall provide to the Procurement Services Division original certificates of coverage and receive notification of approval of those certificates by the City's Risk Manager prior to engaging in any activities under this contract. The Contractors insurance is subject to the approval of the City's Risk Manager. The certificates must list the City as an ADDITIONAL INSURED for General Liability Insurance. and shall have no less than thirty(30) days written notice of cancellation or material change. Further modification of the insurance requirements may be made at the sole discretion of the City's Risk Manager if circumstances change or adequate protection of the City is not presented. Bidder,by submitting the bid,agrees to abide by such modifications. PART V PURCHASE ORDER AND CONTRACT TERMS: 5.01 COMPLIANCE TO SPECIFICATIONS,LATE DELIVERIES/PENALTIES: Items offered may be tested for compliance to bid specifications. Items delivered which do not conform to bid specifications may be rejected and returned at Contractor's expense. Any violation resulting in contract termination for cause or delivery of items not conforming to specifications,or late delivery may also result in- Bidders name being removed from the City's bidder's mailing list for a specified period and Bidder will not be recommended for any award during that period. All City Departments being advised to refrain from doing business with the Bidder. All other remedies in law or equity. 5.02 ACCEPTANCE,CONDITION,AND PACKAGING: The material delivered in response to ITB award shall remain the property of the Seller until a physical inspection is made and the material accepted to the satisfaction of the City. The material must comply fully with the terms of the ITB,be of the required quality,new,and the latest model. All containers shall be suitable for storage and shipment by common carrier,and all prices shall include standard commercial packaging. The City will not accept substitutes of any kind. Any substitutes or material not meeting specifications will be returned at the Bidder's expense. Payment will be made only after City receipt and acceptance of materials or services. 5.03 SAFETY STANDARDS: All manufactured items and fabricated assemblies shall comply with applicable requirements of the Occupation Safety and Health Act of 1970 as amended,and be in compliance with Chapter 442,Florida Statutes. Any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this order must be accompanied by a completed Safety Data Sheet(SDS). 5.04 ASBESTOS STATEMENT: All material supplied must be 100%asbestos free. Bidder, by virtue of bidding,certifies that if awarded any portion of the ITB the bidder will supply only material or equipment that is 100%asbestos free. 5.05 OTHER GOVERNMENTAL ENTITIES: If the Bidder is awarded a contract as a result of this ITB,the bidder may, if the bidder has sufficient capacity or quantities available, provide to other governmental agencies, so requesting,the products or services awarded in accordance with the terms and conditions of the ITB and resulting contract. Prices shall be F.O.B. delivered to the requesting agency. 5.06 VERBAL INSTRUCTIONS PROCEDURE: No negotiations,decisions,or actions shall be initiated or executed by the Contractor as a result of any discussions with any City employee. Only those communications which are in writing from an authorized City representative may be considered. Only written communications from Contractors,which are assigned by a person designated as authorized to bind the Contractor,will be recognized by the City as duly authorized expressions on behalf of Contractors. 5.07 INDEPENDENT CONTRACTOR: The Contractor is an independent contractor under this Agreement. Personal services provided by the Proposer shall be by employees of the Contractor and subject to supervision by the Contractor,and not as officers, employees, or agents of the City. Personnel policies,tax responsibilities, social security, health insurance, employee benefits, procurement policies unless otherwise stated in this ITB,and other similar administrative procedures applicable to services rendered under this contract shall be those of the Contractor. 5.08 INDEMNITY/HOLD HARMLESS AGREEMENT: The Contractor agrees to protect,defend, indemnify,and hold harmless the City of Fort Lauderdale and its officers,employees and agents from and against any and all losses, penalties,damages, settlements,claims, costs,charges for other expenses, or liabilities of every and any kind including attorney's fees, in connection with or arising directly or indirectly out of the work agreed to or performed by Contractor under the terms of any agreement that may arise due to the bidding process. Without limiting the foregoing,any and all such claims,suits,or other actions relating to personal injury, death,damage to property, defects in materials or workmanship, actual or alleged violations of any applicable Statute, ordinance, administrative order, rule or regulation, or decree of any court shall be included in the indemnity hereunder. 5.09 TERMINATION FOR CAUSE: If,through any cause,the Contractor shall fail to fulfill in a timely and proper manner its obligations under this Agreement,or if the Contractor shall violate any of the provisions of this Agreement,the City may upon written notice to the Contractor terminate the right of the Contractor to proceed under this Agreement,or with such part or parts of the Agreement as to which there has been default,and may hold the Contractor liable for any damages caused to the City by reason of such default and termination. In the event of such termination,any completed services performed by the Contractor under this Agreement shall,at the option of the City,become the City's property and the Contractor shall be entitled to receive equitable compensation for any work completed to the satisfaction of the City. The Contractor, however, shall not be relieved of liability to the City for damages sustained by the City by reason of any breach of the Agreement by the Contractor,and the City may withhold any payments to the Contractor for the purpose of setoff until such time as the amount of damages due to the City from the Contractor can be determined. 5.10 TERMINATION FOR CONVENIENCE: The City reserves the right, in its best interest as determined by the City,to cancel contract by giving written notice to the Contractor thirty(30)days prior to the effective date of such cancellation. 5.11 CANCELLATION FOR UNAPPROPRIATED FUNDS: The obligation of the City for payment to a Contractor is limited to the availability of funds appropriated in a current fiscal period,and continuation of the contract into a subsequent fiscal period is subject to appropriation of funds, unless otherwise authorized by law. 5.12 RECORDS/AUDIT: The Contractor shall maintain during the term of the contract all books of account, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The Contractor agrees to make available to the City Auditor or designee,during normal business hours and in Broward,Miami- Dade or Palm Beach Counties,all books of account, reports and records relating to this contract should be retained for the duration of the contract and for three years after the final payment under this Agreement,or until all pending audits, investigations or litigation matters relating to the contract are closed,whichever is later. 5.13 PERMITS,TAXES,LICENSES: The successful Contractor shall,at their own expense,obtain all necessary permits,pay all licenses, fees and taxes, required to comply with all local ordinances,state and federal laws, rules and regulations applicable to business to be carried out under this contract. 5.14 LAWSIORDINANCES: The Contractor shall observe and comply with all Federal,state,local and municipal laws,ordinances rules and regulations that would apply to this contract. 5.15 NON-DISCRIMINATION: There shall be no discrimination as to race,sex,color,creed,age or national origin in the operations conducted under this contract. 5.16 UNUSUAL CIRCUMSTANCES: If during a contract term where costs to the City are to remain firm or adjustments are restricted by a percentage or CPI cap, unusual circumstances that could not have been foreseen by either party of the contract occur,and those circumstances significantly affect the Contractor's cost in providing the required prior items or services,then the Contractor may request adjustments to the costs to the City to reflect the changed circumstances. The circumstances must be beyond the control of the Contractor,and the requested adjustments must be fully documented. The City may, after examination, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive,or decreases are considered to be insufficient. In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City,the City will reserve the following options: 1. The contract can be canceled by the City upon giving thirty(30)days written notice to the Contractor with no penalty to the City or Contractor. The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained in the notice. 2. The City requires the Contractor to continue to provide the items and services at the firm fixed(non-adjusted)cost until the termination of the contract term then in effect. 3. If the City,in its interest and in its sole opinion,determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve them of a legitimate obligation under the contract,and no unusual circumstances had occurred,the City reserves the right to take any and all action under law or equity. Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying him for receiving any business from the City for a stated period of time. If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters. 5.17 ELIGIBILITY: If applicable,the Contractor must first register with the Department of State of the State of Florida, in accordance with Florida State Statutes,prior to entering into a contract with the City. 5.18 PATENTS AND ROYALTIES: The Contractor,without exception, shall indemnify and save harmless the City and its employees from liability of any nature and kind,including cost and expenses for or on account of any copyrighted,patented or un-patented invention,process,or article manufactured or used in the performance of the contract,including its use by the City. If the Contractor uses any design,device,or materials covered by letters,patent or copyright,it is mutually agreed and understood without exception that the bid prices shall include all royalties or costs arising from the use of such design, device,or materials in any way involved in the work. 5.19 ASSIGNMENT: Contractor shall not transfer or assign the performance required by this ITB without the prior written consent of the City. Any award issued pursuant to this ITB,and the monies,which may become due hereunder,are not assignable except with the prior written approval of the City Commission or the City Manager or City Manager's designee,depending on original award approval. 5.20 LITIGATION VENUE: The parties waive the privilege of venue and agree that all litigation between them in the state courts shall take place in Broward County, Florida and that all litigation between them in the federal courts shall take place in the Southern District in and for the State of Florida. 5.21 LOCATION OF UNDERGROUND FACILITIES: If the Contractor,for the purpose of responding to this solicitation,requests the location of underground facilities through the Sunshine State One-Call of Florida, Inc. notification system or through any person or entity providing a facility locating service, and underground facilities are marked with paint,stakes or other markings within the City pursuant to such a request,then the Contractor,shall be deemed non-responsive to this solicitation in accordance with Section 2-184(5)of the City of Fort Lauderdale Code of Ordinances. 5.22 PUBLIC RECORDS 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 : ( 954 -828-5002, PRRCONTRACT FORTLAUDERDALE.GOV, CITY CLERK'S OFFICE, 100 NORTH ANDREWS AVENUE, FORT LAUDERDALE, FLORIDA 33301) Contractor shall: 1. Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service. 2. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes (2016), as may be amended or revised, or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of this contract if the Contractor does not transfer the records to the City. 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 this 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 this 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. NON-COLLUSION STATEMENT: By signing this offer, the vendor/contractor certifies that this offer is made independently and free from collusion. Vendor shall disclose below any City of Fort Lauderdale, FL officer or employee, or any relative of any such officer or employee who is an officer or director of, or has a material interest in, the vendor's business, who is in a position to influence this procurement. Any City of Fort Lauderdale, FL officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for purposes hereof, to be in a position to influence this procurement. For purposes hereof, a person has a material interest if they directly or indirectly own more than 5 percent of the total assets or capital stock of any business entity, or if they otherwise stand to personally gain if the contract is awarded to this vendor. In accordance with City of Fort Lauderdale, FL Policy and Standards Manual, 6.10.8.3, 3.3. City employees may not contract with the City through any corporation or business entity in which they or their immediate family members hold a controlling financial interest (e.g. ownership of five (5) percent or more). 3.4. Immediate family members (spouse, parents and children) are also prohibited from contracting with the City subject to the same general rules. Failure of a vendor to disclose any relationship described herein shall be reason for debarment in accordance with the provisions of the City Procurement Code. NAME RELATIONSHIPS In the event the vendor does not indicate any names, the City shall interpret this to mean that the vendor has indicated that no such relationships exist. CONTRACT PAYMENT METHOD BY P-CARD THIS FORM MUST BY SUBMITTED WITH YOUR RESPONSE The City of Fort Lauderdale has implemented a Procurement Card (P-Card) program which changes how payments are remitted to its vendors. The City has transitioned from traditional paper checks to payment by credit card via MasterCard or Visa. This allows you as a vendor of the City of Fort Lauderdale to receive your payment fast and safely. No more waiting for checks to be printed and mailed. Payments will be made utilizing the City's P-Card (MasterCard or Visa). Accordingly, firms must presently have the ability to accept credit card payment or take whatever steps necessary to implement acceptance of a credit card before the commencement of a contract. Please indicate which credit card payment you prefer: Q MasterCard M Visa Card Company Name: Allied Universal Corporation Cristhiann Munguia Cristhianne Munguia Name (Printed) Signature 7/25/17 Bid Coordinator Date: Title QUESTIONNAIRE SHEET PLEASE PRINT OR TYPE: Firm Name: Allied Universal Corporation President Business Address: 3901 NW 115 Avenue Telephone: 3058882623 Fax: E-Mail Address: CristyM@,Allieduniversal.com What was the last project of this nature which you completed? Miami Dade Water&Sewer HIALEAH, FL 33011 ED TURNER, 786-229-0701/CELL On-going The following are named as three corporations and representatives of those corporations for which you have performed work and which the City may contact as your references (include addresses, e- mail and telephone numbers): M I A M I D A D E WATER & ED TURNER 786-229-0701 SEWER CITY OF NEW PORT RICHEY ROGER GODDWIN 727-841-4568 CITY OF FT. MYERS MARTY YANIGA 239-321-7652 How many years has your organization been in business? 63 Have you ever failed to complete work awarded to you; if so, where and why? City of Stuart(September 2010) After a full year of servicing the City, Jim Parks advised his superiors our product clogged their filter, after reviewing Allied was able to demonstrate the City was using the wrong filter and the problem was resolved. The contract was renewed for an additional year, on the first delivery the City claimed to have received a load that clogged their filter. A second order was received and cancelled on the night of the 9/22. Mr. Parks left a voice mail to cancel since they had switched to another Supplier. If Allied was not performing, why renew the bid on 8/25/10? and if in fact there was a problem on the 9/10 load why not call and advise us? Allied feels there were other reasons involved that we were not aware of for them to make that hasty decision. The name of the qualifying agent for the firm and his position is: N/A Allied is a Supplier not a Contractor Certificate of Competency Number of Qualifying Agent: Effective Date: Expiration Date: Licensed in: Contractor's License/Certification# (County/State) Expiration Date: NOTE: Contractor must have proper licensing prior to submitting bid and must submit evidence of same with bid. To be considered for award of this contract, the bidder must submit a financial statement upon request. QUESTIONNAIRE SHEET 1. Have you personally inspected the proposed work and have you a complete plan for its performance? Yes 2. Will you sublet any part of this work? If so, list the portions or specialties of the work that you will. a) mm b) No, we do not use subcontractors c) d) e) f) g) 3. What equipment do you own that is available for the work? Company owned tractors/trailers/tanker trucks dedicated to delivery of Sodium Hypochlorite. 4. What equipment will you purchase for the proposed work? None 5. What equipment will you rent for the proposed work? None BID/PROPOSAL CERTIFICATION Please Note: If responding to this solicitation through BidSync, the electronic version of the bid response will prevail, unless a paper version is clearly marked by the bidder in some manner to indicate that it will supplant the electronic version. All fields below must be completed. If the field does not apply to you, please note N/A in that field. If you are a foreign corporation, you may be required to obtain a certificate of authority from the department of state, in accordance with Florida Statute§607.1501 (visit http://www.dos.state.fl.us/). Company: (Legal Registration) Allied Universal Corporation Address: 3901 NW 115 Avenue City: MiamiState: FLZip: 33178 Telephone No. 305.888.2623FAX No. 786.522-0215Email: CristyM@Allieduniversal.com Delivery: Calendar days after receipt of Purchase Order (section 1.02 of General Conditions): 2 work Total Bid Discount (section 1.05 of General Conditions): N/A Does your firm qualify for MBE or WBE status (section 1.09 of General Conditions): MBE ❑WBE ❑ ADDENDUM ACKNOWLEDGEMENT - Proposer acknowledges that the following addenda have been received and are included in the proposal: Addendum No. Date Issued Addendum No. Date Issued Addendum No. Date Issued VARIANCES: If you take exception or have variances to any term, condition, specification, scope of service, or requirement in this competitive solicitation you must specify such exception or variance in the space provided below or reference in the space provided below all variances contained on other pages within your response. Additional pages may be attached if necessary. No exceptions or variances will be deemed to be part of the response submitted unless such is listed and contained in the space provided below. The City does not, by virtue of submitting a variance, necessarily accept any variances. If no statement is contained in the below space, it is hereby implied that your response is in full compliance with this competitive solicitation. If you do not have variances, simply mark N/A. If submitting your response electronically through BIDSYNC you must also click the "Take Exception" button. The below signatory hereby agrees to furnish the following article(s)or services at the price(s) and terms stated subject to all instructions, conditions, specifications addenda, legal advertisement, and conditions contained in the bid/proposal. I have read all attachments including the specifications and fully understand what is required. By submitting this signed proposal I will accept a contract if approved by the City and such acceptance covers all terms, conditions, and specifications of this bid/proposal. The below signatory also hereby agrees, by virtue of submitting or attempting to submit a response, that in no event shall the City's liability for respondent's direct, indirect, incidental, consequential, special or exemplary damages, expenses, or lost profits arising out of this competitive solicitation process, including but not limited to public advertisement, bid conferences, site visits, evaluations, oral presentations, or award proceedings exceed the amount of Five Hundred Dollars($500.00).This limitation shall not apply to claims arising under any provision of indemnification or the City's protest ordinance contained in this competitive solicitation. Submitted by: Cristhianne Munguia Cristhianne Munguia Name (printed) Signature 8/8/17 Bid Coordinator Date: Title Odyssey Manufacturing Company Bid Contact Patrick Allman Address 1484 Massaro Blvd. pallman@odysseymanufacturing.com Tampa, FL 33619 Ph 813-635-0339 Fax 813-630-2589 Item # Line Item Notes Unit ■ Docl 12006-372--01-01 Sodium Supplier First Offer - $0.522 2157356/gallon $1,126,139.832 Y Y Hypochlorite- Product Tanker Load Code: 12006-372--01-02 Sodium Supplier First Offer - $0.68 180000/gallon $122,400.00 Y Y hypochlorite- Product Less than Code: tanker load Supplier Total $1,248,539.832 Odyssey company Item: Sodium Hypochlorite- Tanker Load Scan_2017_08_11_12_00_14_039.pdf •dManufacturing-Company Item: Sodium hypochlorite- Less than tanker load Scan_2017_08_11_12_00_14_039.pdf CITY OF FORT LAUDERDALE GENERAL CONDITIONS These instructions are standard for all contracts for commodities or services issued through the City of Fort Lauderdale Procurement Services Division. The City may delete,supersede, or modify any of these standard instructions for a particular contract by indicating such change in the Invitation to Bid(ITB)Special Conditions,Technical Specifications, Instructions,Proposal Pages,Addenda,and Legal Advertisement. In this general conditions document, Invitation to Bid(ITB), Request for Qualifications(RFQ),and Request for Proposal(RFP)are interchangeable. PART I BIDDER PROPOSAL PAGE(S)CONDITIONS: 1.01 BIDDER ADDRESS The City maintains automated vendor address lists that have been generated for each specific Commodity Class item through our bid issuing service,BidSync. Notices of Invitations to Bid(ITB'S)are sent by e-mail to the selection of bidders who have fully registered with BidSync or faxed(if applicable) to every vendor on those lists,who may then view the bid documents online. Bidders who have been informed of a bid's availability in any other manner are responsible for registering with BidSync in order to view the bid documents There is no fee for doing so. If you wish bid notifications be provided to another e-mail address or fax, please contact BidSync. If you wish purchase orders sent to a different address, please so indicate in your bid response. If you wish payments sent to a different address, please so indicate on your invoice. 1.02 DELIVERY: Time will be of the essence for any orders placed as a result of this ITB. The City reserves the right to cancel any orders, or part thereof,without obligation if delivery is not made in accordance with the schedule specified by the Bidder and accepted by the City. 1.03 PACKING SLIPS: It will be the responsibility of the awarded Contractor,to attach all packing slips to the OUTSIDE of each shipment. Packing slips must provide a detailed description of what is to be received and reference the City of Fort Lauderdale purchase order number that is associated with the shipment. Failure to provide a detailed packing slip attached to the outside of shipment may result in refusal of shipment at Contractor's expense. 1.04 PAYMENT TERMS AND CASH DISCOUNTS: Payment terms, unless otherwise stated in this ITB,will be considered to be net 45 days after the date of satisfactory delivery at the place of acceptance and receipt of correct invoice at the office specified,whichever occurs last. Bidder may offer cash discounts for prompt payment but they will not be considered in determination of award. If a Bidder offers a discount,it is understood that the discount time will be computed from the date of satisfactory delivery, at the place of acceptance, and receipt of correct invoice, at the office specified,whichever occurs last. 1.05 TOTAL BID DISCOUNT: If Bidder offers a discount for award of all items listed in the bid,such discount shall be deducted from the total of the firm net unit prices bid and shall be considered in tabulation and award of bid. 1.06 BIDS FIRM FOR ACCEPTANCE: Bidder warrants,by virtue of bidding,that the bid and the prices quoted in the bid will be firm for acceptance by the City for a period of one hundred twenty(120)days from the date of bid opening unless otherwise stated in the ITB. 1.07 VARIANCES: For purposes of bid evaluation,Bidder's must indicate any variances,no matter how slight,from ITB General Conditions,Special Conditions,Specifications or Addenda in the space provided in the ITB. No variations or exceptions by a Bidder will be considered or deemed a part of the bid submitted unless such variances or exceptions are listed in the bid and referenced in the space provided on the bidder proposal pages. If variances are not stated,or referenced as required, it will be assumed that the product or service fully complies with the City's terms,conditions,and specifications. By receiving a bid,City does not necessarily accept any variances contained in the bid. All variances submitted are subject to review and approval by the City. If any bid contains material variances that, in the City's sole opinion, make that bid conditional in nature,the City reserves the right to reject the bid or part of the bid that is declared,by the City as conditional. 1.08 NO BIDS: If you do not intend to bid please indicate the reason,such as insufficient time to respond,do not offer product or service, unable to meet specifications,schedule would not permit,or any other reason, in the space provided in this ITB. Failure to bid or return no bid comments prior to the bid due and opening date and time,indicated in this ITB,may result in your firm being deleted from our Bidder's registration list for the Commodity Class Item requested in this ITB. 1.09 MINORITY AND WOMEN BUSINESS ENTERPRISE PARTICIPATION AND BUSINESS DEFINITIONS: The City of Fort Lauderdale wants to increase the participation of Minority Business Enterprises(MBE),Women Business Enterprises(WEE), and Small Business Enterprises(SBE)in its procurement activities. If your firm qualifies in accordance with the below definitions please indicate in the space provided in this ITB. Minority Business Enterprise(MBE)"A Minority Business" is a business enterprise that is owned or controlled by one or more socially or economically disadvantaged persons. Such disadvantage may arise from cultural, racial,chronic economic circumstances or background or other similar cause. Such persons include,but are not limited to- Blacks, Hispanics,Asian Americans,and Native Americans. The term "Minority Business Enterprise" means a business at least 51 percent of which is owned by minority group members or,in the case of a publicly owned business,at least 51 percent of the stock of which is owned by minority group members. For the purpose of the preceding sentence, minority group members are citizens of the United States who include,but are not limited to: Blacks,Hispanics,Asian Americans,and Native Americans. Women Business Enterprise(WBE)a"Women Owned or Controlled Business" is a business enterprise at least 51 percent of which is owned by females or, in the case of a publicly owned business, at least 51 percent of the stock of which is owned by females Small Business Enterprise(SBE)"Small Business"means a corporation,partnership,sole proprietorship,or other legal entity formed for the purpose of making a profit,which is independently owned and operated, has either fewer than 100 employees or less than$1,000,000 in annual gross receipts. BLACK,which includes persons having origins in any of the Black racial groups of Africa. WHITE,which includes persons whose origins are Anglo-Saxon and Europeans and persons of Indo-European decent including Pakistani and East Indian. HISPANIC,which includes persons of Mexican,Puerto Rican,Cuban,Central and South American,or other Spanish culture or origin,regardless of race NATIVE AMERICAN,which includes persons whose origins are American Indians, Eskimos,Aleuts,or Native Hawaiians. ASIAN AMERICAN,which includes persons having origin in any of the original peoples of the Far East,Southeast Asia,the Indian subcontinent,or the Pacific Islands. 1.10 MINORITY-WOMEN BUSINESS ENTERPRISE PARTICIPATION It is the desire of the City of Fort Lauderdale to increase the participation of minority(MBE)and women-owned(WBE) businesses in its contracting and procurement programs. While the City does not have any preference or set aside programs in place,it is committed to a policy of equitable participation for these firms. Proposers are requested to include in their proposals a narrative describing their past accomplishments and intended actions in this area. If proposers are considering minority or women owned enterprise participation in their proposal,those firms,and their specific duties have to be identified in the proposal. If a proposer is considered for award, he or she will be asked to meet with City staff so that the intended MBE/WBE participation can be formalized and included in the subsequent contract. 1.11 SCRUTINIZED COMPANIES Subject to Odebrecht Construction, Inc., v. Prasad, 876 F.Supp.2d 1305 (S.D. Fla. 2012), affirmed, Odebrecht Construction, Inc., v. Secretary, Florida Department of Transportation, 715 F.3d 1268(11th Cir.2013),with regard to the "Cuba Amendment,"the Contractor certifies that it is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725,Florida Statutes(2016),that it is not engaged in a boycott of Israel,and that it does not have business operations in Cuba or Syria,as provided in section 287.135, Florida Statutes(2016),as may be amended or revised. The City may terminate this Agreement at the City's option if the Contractor is found to have submitted a false certification as provided under subsection(5)of section 287.135, Florida Statutes(2016),as may be amended or revised, or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725,Florida Statutes(2016),or is engaged in a boycott of Israel or has been engaged in business operations in Cuba or Syria,as defined in Section 287.135,Florida Statutes(2016),as may be amended or revised. 1.12 DEBARRED OR SUSPENDED BIDDERS OR PROPOSERS The bidder or proposer certifies, by submission of a response to this solicitation,that neither it nor its principals and subcontractors are presently debarred or suspended by any Federal department or agency. Part II DEFINITIONS/ORDER OF PRECEDENCE: 2.01 BIDDING DEFINITIONS The City will use the following definitions in its general conditions, special conditions,technical specifications, instructions to bidders,addenda and any other document used in the bidding process: INVITATION TO BID(ITB)when the City is requesting bids from qualified Bidders. REQUEST FOR PROPOSALS(RFP)when the City is requesting proposals from qualified Proposers. REQUEST FOR QUALIFICATIONS(RFQ)when the City is requesting qualifications from qualified Proposers. BID—a price and terms quote received in response to an ITB. PROPOSAL—a proposal received in response to an RFP. BIDDER—Person or firm submitting a Bid. PROPOSER—Person or firm submitting a Proposal. RESPONSIVE BIDDER—A person whose bid conforms in all material respects to the terms and conditions included in the ITB. RESPONSIBLE BIDDER—A person who has the capability in all respects to perform in full the contract requirements,as stated in the ITB,and the integrity and reliability that will assure good faith performance. FIRST RANKED PROPOSER—That Proposer, responding to a City RFP,whose Proposal is deemed by the City,the most advantageous to the City after applying the evaluation criteria contained in the RFP. SELLER—Successful Bidder or Proposer who is awarded a Purchase Order or Contract to provide goods or services to the City. CONTRACTOR—Successful Bidder or Proposer who is awarded a Purchase Order,award Contract, Blanket Purchase Order agreement,or Term Contract to provide goods or services to the City. CONTRACT—A deliberate verbal or written agreement between two or more competent parties to perform or not to perform a certain act or acts, including all types of agreements, regardless of what they may be called,for the procurement or disposal of equipment,materials,supplies,services or construction. CONSULTANT—Successful Bidder or Proposer who is awarded a contract to provide professional services to the City. The following terms may be used interchangeably by the City: ITB and/or RFP; Bid or Proposal;Bidder,Proposer,or Seller; Contractor or Consultant;Contract,Award,Agreement or Purchase Order. 2.02 SPECIAL CONDITIONS: Any and all Special Conditions contained in this ITB that may be in variance or conflict with these General Conditions shall have precedence over these General Conditions. If no changes or deletions to General Conditions are made in the Special Conditions,then the General Conditions shall prevail in their entirety, PART III BIDDING AND AWARD PROCEDURES: 3.01 SUBMISSION AND RECEIPT OF BIDS: To receive consideration,bids must be received prior to the bid opening date and time. Unless otherwise specified, Bidders should use the proposal forms provided by the City. These forms may be duplicated, but failure to use the forms may cause the bid to be rejected. Any erasures or corrections on the bid must be made in ink and initialed by Bidder in ink. All information submitted by the Bidder shall be printed,typewritten or filled in with pen and ink. Bids shall be signed in ink. Separate bids must be submitted for each ITB issued by the City in separate sealed envelopes properly marked. When a particular ITB or RFP requires multiple copies of bids or proposals they may be included in a single envelope or package properly sealed and identified. Only send bids via facsimile transmission(FAX)if the ITB specifically states that bids sent via FAX will be considered. If such a statement is not included in the ITB, bids sent via FAX will be rejected. Bids will be publicly opened in the Procurement Office,or other designated area, in the presence of Bidders,the public,and City staff. Bidders and the public are invited and encouraged to attend bid openings. Bids will be tabulated and made available for review by Bidder's and the public in accordance with applicable regulations. 3.02 MODEL NUMBER CORRECTIONS: If the model number for the make specified in this ITB is incorrect,or no longer available and replaced with an updated model with new specifications,the Bidder shall enter the correct model number on the bidder proposal page. In the case of an updated model with new specifications,Bidder shall provide adequate information to allow the City to determine if the model bid meets the City's requirements. 3.03 PRICES QUOTED: Deduct trade discounts,and quote firm net prices. Give both unit price and extended total. In the case of a discrepancy in computing the amount of the bid,the unit price quoted will govern. All prices quoted shall be F.O.B. destination,freight prepaid(Bidder pays and bears freight charges, Bidder owns goods in transit and files any claims), unless otherwise stated in Special Conditions. Each item must be bid separately. No attempt shall be made to tie any item or items contained in the ITB with any other business with the City. 3.04 TAXES: The City of Fort Lauderdale is exempt from Federal Excise and Florida Sales taxes on direct purchase of tangible property. Exemption number for EIN is 59-6000319,and State Sales tax exemption number is 85.8013875578C-1. 3.05 WARRANTIES OF USAGE: Any quantities listed in this ITB as estimated or projected are provided for tabulation and information purposes only. No warranty or guarantee of quantities is given or implied. It is understood that the Contractor will furnish the City's needs as they arise. 3.06 APPROVED EQUAL: When the technical specifications call for a brand name,manufacturer,make,model,or vendor catalog number with acceptance of APPROVED EQUAL, it shall be for the purpose of establishing a level of quality and features desired and acceptable to the City. In such cases, the City will be receptive to any unit that would be considered by qualified City personnel as an approved equal. In that the specified make and model represent a level of quality and features desired by the City,the Bidder must state clearly in the bid any variance from those specifications. It is the Bidder's responsibility to provide adequate information,in the bid,to enable the City to ensure that the bid meets the required criteria. If adequate information is not submitted with the bid,it may be rejected. The City will be the sole judge in determining if the item bid qualifies as an approved equal. 3.07 MINIMUM AND MANDATORY TECHNICAL SPECIFICATIONS: The technical specifications may include items that are considered minimum, mandatory,or required. If any Bidder is unable to meet or exceed these items, and feels that the technical specifications are overly restrictive,the bidder must notify the Procurement Services Division immediately. Such notification must be received by the Procurement Services Division prior to the deadline contained in the ITB,for questions of a material nature,or prior to five(5)days before bid due and open date,whichever occurs first. If no such notification is received prior to that deadline,the City will consider the technical specifications to be acceptable to all bidders. 3.08 MISTAKES: Bidders are cautioned to examine all terms,conditions,specifications,drawings,exhibits,addenda,delivery instructions and special conditions pertaining to the ITB. Failure of the Bidder to examine all pertinent documents shall not entitle the bidder to any relief from the conditions imposed in the contract. 3.09 SAMPLES AND DEMONSTRATIONS: Samples or inspection of product may be requested to determine suitability.Unless otherwise specified in Special Conditions,samples shall be requested after the date of bid opening,and if requested should be received by the City within seven(7)working days of request. Samples,when requested,must be furnished free of expense to the City and if not used in testing or destroyed,will upon request of the Bidder, be returned within thirty(30) days of bid award at Bidder's expense. When required,the City may request full demonstrations of units prior to award. When such demonstrations are requested,the Bidder shall respond promptly and arrange a demonstration at a convenient location. Failure to provide samples or demonstrations as specified by the City may result in rejection of a bid. 3.10 LIFE CYCLE COSTING: If so specified in the ITB,the City may elect to evaluate equipment proposed on the basis of total cost of ownership. In using Life Cycle Costing, factors such as the following may be considered: estimated useful life, maintenance costs, cost of supplies, labor intensity,energy usage,environmental impact,and residual value. The City reserves the right to use those or other applicable criteria, in its sole opinion that will most accurately estimate total cost of use and ownership. 3.11 BIDDING ITEMS WITH RECYCLED CONTENT: In addressing environmental concerns,the City of Fort Lauderdale encourages Bidders to submit bids or alternate bids containing items with recycled content. When submitting bids containing items with recycled content, Bidder shall provide documentation adequate for the City to verify the recycled content. The City prefers packaging consisting of materials that are degradable or able to be recycled. When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled material or packaging that is able to be recycled. 3.12 USE OF OTHER GOVERNMENTAL CONTRACTS: The City reserves the right to reject any part or all of any bids received and utilize other available governmental contracts,if such action is in its best interest. 3.13 QUALIFICATIO NSA NSPECTION: Bids will only be considered from firms normally engaged in providing the types of commodities/services specified herein. The City reserves the right to inspect the Bidder's facilities,equipment,personnel, and organization at any time,or to take any other action necessary to determine Bidder's ability to perform. The Procurement Director reserves the right to reject bids where evidence or evaluation is determined to indicate inability to perform. 3.14 BID SURETY: If Special Conditions require a bid security,it shall be submitted in the amount stated. A bid security can be in the form of a bid bond or cashiers check. Bid security will be returned to the unsuccessful bidders as soon as practicable after opening of bids. Bid security will be returned to the successful bidder after acceptance of the performance bond, if required;acceptance of insurance coverage,if required;and full execution of contract documents,if required;or conditions as stated in Special Conditions. 3.15 PUBLIC RECORDS/TRADE SECRETSICOPYRIGHT: The Proposer's response to the RFP is a public record pursuant to Florida law,which is subject to disclosure by the City under the State of Florida Public Records Law, Florida Statutes Chapter 119.07("Public Records Law'). The City shall permit public access to all documents,papers, letters or other material submitted in connection with this RFP and the Contract to be executed for this RFP,subject to the provisions of Chapter 119.07 of the Florida Statutes. Any language contained in the Proposer's response to the RFP purporting to require confidentiality of any portion of the Proposer's response to the RFP,except to the extent that certain information is in the City's opinion a Trade Secret pursuant to Florida law,shall be void. If a Proposer submits any documents or other information to the City which the Proposer claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07("Public Records Laws"), the Proposer shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Proposer must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Proposer's response to the RFP constitutes a Trade Secret. The city's determination of whether an exemption applies shall be final, and the proposer agrees to defend, indemnify, and hold harmless the city and the city's officers,employees, and agent,against any loss or damages incurred by any person or entity as a result of the city's treatment of records as public records. Proposals purporting to be subject to copyright protection in full or in part will be rejected. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW,DO NOT MARK YOUR RESPONSE TO THE RFP AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR RESPONSE TO THE RFP OR ANY PART THEREOF AS COPYRIGHTED. 3.16 PROHIBITION OF INTEREST: No contract will be awarded to a bidding firm who has City elected officials, officers or employees affiliated with it,unless the bidding firm has fully complied with current Florida State Statutes and City Ordinances relating to this issue. Bidders must disclose any such affiliation. Failure to disclose any such affiliation will result in disqualification of the Bidder and removal of the Bidder from the City's bidder lists and prohibition from engaging in any business with the City. 3.17 RESERVATIONS FOR AWARD AND REJECTION OF BIDS: The City reserves the right to accept or reject any or all bids,part of bids,and to waive minor irregularities or variations to specifications contained in bids, and minor irregularities in the bidding process. The City also reserves the right to award the contract on a split order basis, lump sum basis, individual item basis,or such combination as shall best serve the interest of the City. The City reserves the right to make an award to the responsive and responsible bidder whose product or service meets the terms,conditions,and specifications of the ITB and whose bid is considered to best serve the City's interest. In determining the responsiveness of the offer and the responsibility of the Bidder,the following shall be considered when applicable: the ability,capacity and skill of the Bidder to perform as required;whether the Bidder can perform promptly,or within the time specified,without delay or interference; the character,integrity,reputation,judgment,experience and efficiency of the Bidder;the quality of past performance by the Bidder;the previous and existing compliance by the Bidder with related laws and ordinances;the sufficiency of the Bidder's financial resources;the availability,quality and adaptability of the Bidder's supplies or services to the required use;the ability of the Bidder to provide future maintenance,service or parts;the number and scope of conditions attached to the bid. If the ITB provides for a contract trial period,the City reserves the right, in the event the selected bidder does not perform satisfactorily,to award a trial period to the next ranked bidder or to award a contract to the next ranked bidder,if that bidder has successfully provided services to the City in the past. This procedure to continue until a bidder is selected or the contract is re-bid,at the sole option of the City. 3.18 LEGAL REQUIREMENTS: Applicable provisions of all federal,state,county laws,and local ordinances,rules and regulations, shall govern development,submittal and evaluation of all bids received in response hereto and shall govern any and all claims and disputes which may arise between person(s)submitting a bid response hereto and the City by and through its officers,employees and authorized representatives,or any other person, natural or otherwise; and lack of knowledge by any bidder shall not constitute a cognizable defense against the legal effect thereof. 3.19 BID PROTEST PROCEDURE: ANY PROPOSER OR BIDDER WHO IS NOT RECOMMENDED FOR AWARD OF A CONTRACT AND WHO ALLEGES A FAILURE BY THE CITY TO FOLLOW THE CITY'S PROCUREMENT ORDINANCE OR ANY APPLICABLE LAW MAY PROTEST TO THE DIRECTOR OF PROCUREMENT SERVICES DIVISION(DIRECTOR),BY DELIVERING A LETTER OF PROTEST TO THE DIRECTOR WITHIN FIVE(5)DAYS AFTER A NOTICE OF INTENT TO AWARD IS POSTED ON THE CITY'S WEB SITE AT THE FOLLOWING LINK: http://www.fortlauderdale.gov/purchasing/notices_of—intent.htm THE COMPLETE PROTEST ORDINANCE MAY BE FOUND ON THE CITY'S WEB SITE AT THE FOLLOWING LINK: http://www.fortlauderdale.gov/purchasing/protestordinance.pdf PART IV BONDS AND INSURANCE 4.01 PERFORMANCE BOND: If a performance bond is required in Special Conditions,the Contractor shall within fifteen(15) working days after notification of award,furnish to the City a Performance Bond,payable to the City of Fort Lauderdale, Florida, in the face amount specified in Special Conditions as surety for faithful performance under the terms and conditions of the contract. If the bond is on an annual coverage basis,renewal for each succeeding year shall be submitted to the City thirty(30)days prior to the termination date of the existing Performance Bond.The Performance Bond must be executed by a surety company of recognized standing,authorized to do business in the State of Florida and having a resident agent. Acknowledgement and agreement is given by both parties that the amount herein set for the Performance Bond is not intended to be nor shall be deemed to be in the nature of liquidated damages nor is it intended to limit the liability of the Contractor to the City in the event of a material breach of this Agreement by the Contractor. 4.02 INSURANCE: If the Contractor is required to go on to City property to perform work or services as a result of ITB award,the Contractor shall assume full responsibility and expense to obtain all necessary insurance as required by City or specified in Special Conditions. The Contractor shall provide to the Procurement Services Division original certificates of coverage and receive notification of approval of those certificates by the City's Risk Manager prior to engaging in any activities under this contract. The Contractors insurance is subject to the approval of the City's Risk Manager. The certificates must list the City as an ADDITIONAL INSURED for General Liability Insurance, and shall have no less than thirty (30) days written notice of cancellation or material change. Further modification of the insurance requirements may be made at the sole discretion of the City's Risk Manager if circumstances change or adequate protection of the City is not presented. Bidder,by submitting the bid,agrees to abide by such modifications. PART V PURCHASE ORDER AND CONTRACT TERMS: 5.01 COMPLIANCE TO SPECIFICATIONS,LATE DELIVERIES/PENALTIES: Items offered may be tested for compliance to bid specifications. Items delivered which do not conform to bid specifications may be rejected and returned at Contractor's expense. Any violation resulting in contract termination for cause or delivery of items not conforming to specifications,or late delivery may also result in: Bidders name being removed from the City's bidder's mailing list for a specified period and Bidder will not be recommended for any award during that period. All City Departments being advised to refrain from doing business with the Bidder. All other remedies in law or equity. 5.02 ACCEPTANCE,CONDITION,AND PACKAGING: The material delivered in response to ITB award shall remain the property of the Seller until a physical inspection is made and the material accepted to the satisfaction of the City. The material must comply fully with the terms of the ITB,be of the required quality,new,and the latest model. All containers shall be suitable for storage and shipment by common carrier,and all prices shall include standard commercial packaging. The City will not accept substitutes of any kind. Any substitutes or material not meeting specifications will be returned at the Bidder's expense. Payment will be made only after City receipt and acceptance of materials or services. 5.03 SAFETY STANDARDS: All manufactured items and fabricated assemblies shall comply with applicable requirements of the Occupation Safety and Health Act of 1970 as amended,and be in compliance with Chapter 442,Florida Statutes. Any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this order must be accompanied by a completed Safety Data Sheet(SDS). 5.04 ASBESTOS STATEMENT: All material supplied must be 100%asbestos free. Bidder,by virtue of bidding,certifies that if awarded any portion of the ITB the bidder will supply only material or equipment that is 100%asbestos free. 5.05 OTHER GOVERNMENTAL ENTITIES: If the Bidder is awarded a contract as a result of this ITB,the bidder may,if the bidder has sufficient capacity or quantities available, provide to other governmental agencies, so requesting,the products or services awarded in accordance with the terms and conditions of the ITB and resulting contract. Prices shall be F.O.B. delivered to the requesting agency. 5.06 VERBAL INSTRUCTIONS PROCEDURE: No negotiations,decisions,or actions shall be initiated or executed by the Contractor as a result of any discussions with any City employee. Only those communications which are in writing from an authorized City representative may be considered. Only written communications from Contractors,which are assigned by a person designated as authorized to bind the Contractor,will be recognized by the City as duly authorized expressions on behalf of Contractors. 5.07 INDEPENDENT CONTRACTOR: The Contractor is an independent contractor under this Agreement. Personal services provided by the Proposer shall be by employees of the Contractor and subject to supervision by the Contractor,and not as officers, employees, or agents of the City. Personnel policies,tax responsibilities,social security, health insurance, employee benefits, procurement policies unless otherwise stated in this ITB,and other similar administrative procedures applicable to services rendered under this contract shall be those of the Contractor. 5.08 INDEMNITY/HOLD HARMLESS AGREEMENT: The Contractor agrees to protect,defend, indemnify,and hold harmless the City of Fort Lauderdale and its officers,employees and agents from and against any and all losses,penalties,damages, settlements,claims, costs,charges for other expenses, or liabilities of every and any kind including attorney's fees, in connection with or arising directly or indirectly out of the work agreed to or performed by Contractor under the terms of any agreement that may arise due to the bidding process. Without limiting the foregoing,any and all such claims,suits,or other actions relating to personal injury, death,damage to property, defects in materials or workmanship, actual or alleged violations of any applicable Statute, ordinance, administrative order, rule or regulation, or decree of any court shall be included in the indemnity hereunder. 5.09 TERMINATION FOR CAUSE: If,through any cause,the Contractor shall fail to fulfill in a timely and proper manner its obligations under this Agreement,or if the Contractor shall violate any of the provisions of this Agreement,the City may upon written notice to the Contractor terminate the right of the Contractor to proceed under this Agreement,or with such part or parts of the Agreement as to which there has been default,and may hold the Contractor liable for any damages caused to the City by reason of such default and termination. In the event of such termination,any completed services performed by the Contractor under this Agreement shall,at the option of the City,become the City's property and the Contractor shall be entitled to receive equitable compensation for any work completed to the satisfaction of the City. The Contractor,however, shall not be relieved of liability to the City for damages sustained by the City by reason of any breach of the Agreement by the Contractor,and the City may withhold any payments to the Contractor for the purpose of setoff until such time as the amount of damages due to the City from the Contractor can be determined. 5.10 TERMINATION FOR CONVENIENCE: The City reserves the right, in its best interest as determined by the City,to cancel contract by giving written notice to the Contractor thirty(30)days prior to the effective date of such cancellation. 5.11 CANCELLATION FOR UNAPPROPRIATED FUNDS: The obligation of the City for payment to a Contractor is limited to the availability of funds appropriated in a current fiscal period,and continuation of the contract into a subsequent fiscal period is subject to appropriation of funds,unless otherwise authorized by law. 5.12 RECORDSIAUDIT: The Contractor shall maintain during the term of the contract all books of account, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The Contractor agrees to make available to the City Auditor or designee,during normal business hours and in Broward,Miami- Dade or Palm Beach Counties,all books of account,reports and records relating to this contract should be retained for the duration of the contract and for three years after the final payment under this Agreement, or until all pending audits, investigations or litigation matters relating to the contract are closed,whichever is later. 5.13 PERMITS,TAXES,LICENSES: The successful Contractor shall,at their own expense,obtain all necessary permits,pay all licenses, fees and taxes, required to comply with all local ordinances, state and federal laws, rules and regulations applicable to business to be carried out under this contract. 5.14 LAWSIORDINANCES: The Contractor shall observe and comply with all Federal,state, local and municipal laws,ordinances rules and regulations that would apply to this contract. 5.15 NON-DISCRIMINATION: There shall be no discrimination as to race,sex,color,creed,age or national origin in the operations conducted under this contract. 5.16 UNUSUAL CIRCUMSTANCES: If during a contract term where costs to the City are to remain firm or adjustments are restricted by a percentage or CPI cap, unusual circumstances that could not have been foreseen by either party of the contract occur, and those circumstances significantly affect the Contractor's cost in providing the required prior items or services,then the Contractor may request adjustments to the costs to the City to reflect the changed circumstances. The circumstances must be beyond the control of the Contractor,and the requested adjustments must be fully documented. The City may, after examination, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive,or decreases are considered to be insufficient. In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City, the City will reserve the following options: 1. The contract can be canceled by the City upon giving thirty(30)days written notice to the Contractor with no penalty to the City or Contractor. The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained in the notice. 2. The City requires the Contractor to continue to provide the items and services at the firm fixed(non-adjusted)cost until the termination of the contract term then in effect. 3. If the City, in its interest and in its sole opinion,determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve them of a legitimate obligation under the contract,and no unusual circumstances had occurred,the City reserves the right to take any and all action under law or equity. Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying him for receiving any business from the City for a stated period of time. If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters. 5.17 ELIGIBILITY: If applicable, the Contractor must first register with the Department of State of the State of Florida, in accordance with Florida State Statutes,prior to entering into a contract with the City. 5.18 PATENTS AND ROYALTIES: The Contractor,without exception, shall indemnify and save harmless the City and its employees from liability of any nature and kind,including cost and expenses for or on account of any copyrighted,patented or un-patented invention,process,or article manufactured or used in the performance of the contract,including its use by the City. If the Contractor uses any design,device,or materials covered by letters,patent or copyright,it is mutually agreed and understood without exception that the bid prices shall include all royalties or costs arising from the use of such design, device,or materials in any way involved in the work 5.19 ASSIGNMENT: Contractor shall not transfer or assign the performance required by this ITB without the prior written consent of the City. Any award issued pursuant to this ITB,and the monies,which may become due hereunder,are not assignable except with the prior written approval of the City Commission or the City Manager or City Manager's designee,depending on original award approval. 5.20 LITIGATION VENUE: The parties waive the privilege of venue and agree that all litigation between them in the state courts shall take place in Broward County, Florida and that all litigation between them in the federal courts shall take place in the Southern District in and for the State of Florida. 5.21 LOCATION OF UNDERGROUND FACILITIES: If the Contractor,for the purpose of responding to this solicitation,requests the location of underground facilities through the Sunshine State One-Call of Florida, Inc. notification system or through any person or entity providing a facility locating service,and underground facilities are marked with paint,stakes or other markings within the City pursuant to such a request,then the Contractor,shall be deemed non-responsive to this solicitation in accordance with Section 2-184(5)of the City of Fort Lauderdale Code of Ordinances 5.22 PUBLIC RECORDS 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 : ( 954 -828-5002, PRRCONTRACT@FORTLAUDERDALE.GOV, CITY CLERK'S OFFICE, 100 NORTH ANDREWS AVENUE, FORT LAUDERDALE, FLORIDA 33301) Contractor shall: 1. Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service. 2. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes (2016), as may be amended or revised, or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of this contract if the Contractor does not transfer the records to the City. 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 this 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 this 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. NON-COLLUSION STATEMENT: By signing this offer, the vendor/contractor certifies that this offer is made independently and free from collusion. Vendor shall disclose below any City of Fort Lauderdale, FL officer or employee, or any relative of any such officer or employee who is an officer or director of, or has a material interest in, the vendor's business, who is in a position to influence this procurement. Any City of Fort Lauderdale, FL officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for purposes hereof, to be in a position to influence this procurement. For purposes hereof, a person has a material interest if they directly or indirectly own more than 5 percent of the total assets or capital stock of any business entity, or if they otherwise stand to personally gain if the contract is awarded to this vendor. In accordance with City of Fort Lauderdale, FL Policy and Standards Manual, 6.10.8.3, 3.3. City employees may not contract with the City through any corporation or business entity in which they or their immediate family members hold a controlling financial interest (e.g. ownership of five (5) percent or more). 3.4. Immediate family members (spouse, parents and children) are also prohibited from contracting with the City subject to the same general rules. Failure of a vendor to disclose any relationship described herein shall be reason for debarment in accordance with the provisions of the City Procurement Code. NAME RELATIONSHIPS In the event the vendor does not indicate any names, the City shall interpret this to mean that the vendor has indicated that no such relationships exist. CONTRACT PAYMENT METHOD BY P-CARD THIS FORM MUST BY SUBMITTED WITH YOUR RESPONSE The City of Fort Lauderdale has implemented a Procurement Card (P-Card) program which changes how payments are remitted to its vendors. The City has transitioned from traditional paper checks to payment by credit card via MasterCard or Visa. This allows you as a vendor of the City of Fort Lauderdale to receive your payment fast and safely. No more waiting for checks to be printed and mailed. Payments will be made utilizing the City's P-Card (MasterCard or Visa). Accordingly, firms must presently have the ability to accept credit card payment or take whatever steps necessary to implement acceptance of a credit card before the commencement of a contract. Please indicate which credit card payment you prefer: ❑ MasterCard p Visa Card Company Name: Odyssey Manufacturing Co. Patrick H. Allman Name (Printed) Signature 8/11/17 General Manager Date: Title QUESTIONNAIRE SHEET PLEASE PRINT OR TYPE: Firm Name: Odyssey Manufacturing Co. President Marvin T. Rakes Business Address: 1484 Massaro Blvd Telephone: 813-635-0339 Fax: 813-630-2589 E-Mail Address: pallman@odysseymanufacturing.com What was the last project of this nature which you completed? City of North Miami Beach Sodium Hypochlorite Supply (former SE COOP Bid) The following are named as three corporations and representatives of those corporations for which you have performed work and which the City may contact as your references (include addresses, e- mail and telephone numbers): City of Pompano Beach, 301 N.E. 12th Street, 954-545-7006, Phil Hyer Pompano Beach 33060 phil.hyer@copbfl.com Town of Davie, Raul 6591 Southwest 45th 954-327-3748, Sotelo Street, Davie, FL 33314 raul_sotelo@davie-fl.gov Tajpa Bay Water, Andrew 8865 Pump Station Road, 813-929-4551, Greenbaum Land O Lakes, FL 34639 agreenbaum@tampabaywater.org How many years has your organization been in business? 18 Have you ever failed to complete work awarded to you; if so, where and why? NO The name of the qualifying agent for the firm and his position is: N/A Certificate of Competency Number of Qualifying Agent: N/A Effective Date: N/A Expiration Date: N/A Licensed in: Hiilsborough/Florida Contractor's License/Certification# CGC1516698 (County/State) Expiration Date: 8/31/2018 NOTE: Contractor must have proper licensing prior to submitting bid and must submit evidence of same with bid. To be considered for award of this contract, the bidder must submit a financial statement upon request. QUESTIONNAIRE SHEET 1. Have you personally inspected the proposed work and have you a complete plan for its performance? Yes 2. Will you sublet any part of this work? If so, list the portions or specialties of the work that you will. a) mm b) NO c) d) e) 0 g) 3. What equipment do you own that is available for the work? 30 Tankers, 29 Tractors, Two Low Boy Trailers, Four Service Trailers, Two Construction Trailers, Eight Service Trucks 4. What equipment will you purchase for the proposed work? None 5. What equipment will you rent for the proposed work? None BID/PROPOSAL CERTIFICATION Please Note: If responding to this solicitation through BidSync, the electronic version of the bid response will prevail, unless a paper version is clearly marked by the bidder in some manner to indicate that it will supplant the electronic version. All fields below must be completed. If the field does not apply to you, please note N/A in that field. If you are a foreign corporation, you may be required to obtain a certificate of authority from the department of state, in accordance with Florida Statute§607.1501 (visit http://www.dos.state.fl.us/). Company: (Legal Registration) Odyssey Manufacturing Co. Address: 1484 Massaro Blvd City: Tampa State: FLZip: 33619 Telephone No. 813.635.0339FAX No. 813.630.2589Email: pallman@odysseymanufacturing.com Delivery: Calendar days after receipt of Purchase Order (section 1.02 of General Conditions): 2 Days Total Bid Discount (section 1.05 of General Conditions): None Does your firm qualify for MBE or WBE status (section 1.09 of General Conditions): MBE ❑WBE ❑ ADDENDUM ACKNOWLEDGEMENT - Proposer acknowledges that the following addenda have been received and are included in the proposal: Addendum No. Date Issued Addendum No. Date Issued Addendum No. Date Issued None VARIANCES: If you take exception or have variances to any term, condition, specification, scope of service, or requirement in this competitive solicitation you must specify such exception or variance in the space provided below or reference in the space provided below all variances contained on other pages within your response. Additional pages may be attached if necessary. No exceptions or variances will be deemed to be part of the response submitted unless such is listed and contained in the space provided below. The City does not, by virtue of submitting a variance, necessarily accept any variances. If no statement is contained in the below space, it is hereby implied that your response is in full compliance with this competitive solicitation. If you do not have variances, simply mark N/A. If submitting your response electronically through BIDSYNC you must also click the "Take Exception" button. None The below signatory hereby agrees to furnish the following article(s) or services at the price(s) and terms stated subject to all instructions, conditions, specifications addenda, legal advertisement, and conditions contained in the bid/proposal. I have read all attachments including the specifications and fully understand what is required. By submitting this signed proposal I will accept a contract if approved by the City and such acceptance covers all terms, conditions, and specifications of this bid/proposal. The below signatory also hereby agrees, by virtue of submitting or attempting to submit a response, that in no event shall the City's liability for respondent's direct, indirect, incidental, consequential, special or exemplary damages, expenses, or lost profits arising out of this competitive solicitation process, including but not limited to public advertisement, bid conferences, site visits, evaluations, oral presentations, or award proceedings exceed the amount of Five Hundred Dollars($500.00).This limitation shall not apply to claims arising under any provision of indemnification or the City's protest ordinance contained in this competitive solicitation. Submitted by: Patrick H. Allman Name (printed) Signature 8/11/2017 General Manager Date: Title BrenntagMid-South Inc. Bid Contact Stephanie Ubach Address 250 Central Florida Parkway subach@brenntag.com Orlando, FL 32824 Ph 800-876-1727 Fax 407-851-3512 Item # Line Item Notes Unit ■ Docs 12006-372--01-01 Sodium Supplier First Offer - $0.69 2157356/gallon $1,488,575.64 Y Y Hypochlorite- Product Tanker Load Code: 813540 12006-372--01-02 Sodium Supplier First Offer - $0.72 180000/gallon $129,600.00 Y hypochlorite- Product Less than Code: 813540 tanker load Supplier Total $1,618,175.64 Brenntag Mid-South Inc. Item: Sodium Hypochlorite- Tanker Load 813540 Bleach.pdf City of Fort Lauderdale 2016.pdf 2017 Business License.pdf BRENNTAG SAFETY DATA SHEET 1. Identification Product identifier SODIUM HYPOCHLORITE 10% Other means of identification None. Recommended use ALL PROPER AND LEGAL PURPOSES Recommended restrictions None known. Manufacturer/Importer/Supplier/Distributor information Manufacturer Company name Brenntag Mid-South, Inc. Address 1405 Highway 136,West Henderson, KY 42420 Telephone 270-830-1222 E-mail Not available. Emergency phone number 800-424-9300 CHEMTREC 2. Hazard(s) identification Physical hazards Not classified. Health hazards Skin corrosion/irritation Category 1 Serious eye damage/eye irritation Category 1 Environmental hazards Not classified. OSHA defined hazards Not classified. Label elements Signal word Danger Hazard statement Causes severe skin burns and eye damage. Causes serious eye damage. Precautionary statement Prevention Do not breathe mist or vapor.Wash thoroughly after handling.Wear protective gloves/protective clothing/eye protection/face protection. Response If swallowed: Rinse mouth. Do NOT induce vomiting. If on skin (or hair): Take off immediately all contaminated clothing. Rinse skin with water/shower. 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/doctor.Wash contaminated clothing before reuse. Storage Store locked up. Disposal Dispose of contents/container in accordance with local/regional/national/international regulations. Hazard(s)not otherwise None known. classified (HNOC) Supplemental information None. 3. Composition/information on ingredients Mixtures Chemical name Common name and synonyms CAS number % HYPOCHLOROUS ACID, SODIUM 7681-52-9 10 SALT(1:1) SODIUM HYDROXIDE(NA(OH)) 1310-73-2 0.7 Other components below reportable levels 89.3 "Designates that a specific chemical identity and/or percentage of composition has been withheld as a trade secret. Material name:SODIUM HYPOCHLORITE 10% sosus 813540 Version#:15 Revision date:06-21-2017 Issue date:11-05-2015 1 /7 4. First-aid measures Inhalation Move to fresh air. Call a physician if symptoms develop or persist. Skin contact Take off immediately all contaminated clothing. Rinse skin with water/shower.Call a physician or poison control center immediately.Chemical burns must be treated by a physician.Wash contaminated clothing before reuse. Eye contact Immediately flush eyes with plenty of water for at least 15 minutes. Remove contact lenses, if present and easy to do. Continue rinsing.Call a physician or poison control center immediately. Ingestion Call a physician or poison control center immediately. Rinse mouth. Do not induce vomiting. If vomiting occurs, keep head low so that stomach content doesn't get into the lungs. Most important Burning pain and severe corrosive skin damage. Causes serious eye damage. Symptoms may symptoms/effects, acute and include stinging,tearing, redness,swelling, and blurred vision. Permanent eye damage including delayed blindness could result, Indication of immediate Provide general supportive measures and treat symptomatically. Chemical burns: Flush with water medical attention and special immediately.While flushing, remove clothes which do not adhere to affected area. Call an treatment needed ambulance. Continue flushing during transport to hospital. Keep victim under observation. Symptoms may be delayed. 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 Water fog. Foam. Dry chemical powder. Carbon dioxide(CO2). Unsuitable extinguishing Do not use water jet as an extinguisher,as this will spread the fire. media Specific hazards arising from During fire,gases hazardous to health may be formed. the chemical Special protective equipment Self-contained breathing apparatus and full protective clothing must be worn in case of fire. and precautions for firefighters Fire fighting Move containers from fire area if you can do so without risk. equipment/instructions Specific methods Use standard firefighting procedures and consider the hazards of other involved materials. General fire hazards No unusual fire or explosion hazards noted. 6. Accidental release measures Personal precautions, Keep unnecessary personnel away. Keep people away from and upwind of spill/leak.Wear protective equipment and appropriate protective equipment and clothing during clean-up. Do not breathe mist or vapor. Do emergency procedures not touch damaged containers or spilled material unless wearing appropriate protective clothing. Ensure adequate ventilation. Local authorities should be advised if significant spillages cannot be contained. For personal protection,see section 8 of the SDS. Methods and materials for Use water spray to reduce vapors or divert vapor cloud drift. Prevent entry into waterways,sewer, containment and cleaning up basements or confined areas. Large Spills: Stop the flow of material, if this is without risk. Dike the spilled material,where this is possible.Absorb in vermiculite, dry sand or earth and place into containers. Following product recovery,flush area with water. Small Spills:Wipe up with absorbent material(e.g. cloth, fleece). Clean surface thoroughly to remove residual contamination. Never return spills to original containers for re-use. For waste disposal, see section 13 of the SIDS. Environmental precautions Avoid discharge into drains,water courses or onto the ground. 7. Handling and storage Precautions for safe handling Do not breathe mist or vapor. Do not get in eyes,on skin, or on clothing. Provide adequate ventilation.Avoid prolonged exposure.Wear appropriate personal protective equipment.Observe good industrial hygiene practices. Conditions for safe storage, Store locked up. Store in original tightly closed container. Store away from incompatible materials including any incompatibilities (see Section 10 of the SDS). Material name:SODIUM HYPOCHLORITE 10% SDS us 813540 Version#:15 Revision date:06-21-2017 Issue date:11-05-2015 2/7 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 PEL 2 mg/m3 (NA(OH))(CAS 1310-73-2) US.ACGIH Threshold Limit Values Components Type Value SODIUM HYDROXIDE Ceiling 2 mg/m3 (NA(OH))(CAS 1310-73-2) US.NIOSH: Pocket Guide to Chemical Hazards Components Type Value SODIUM HYDROXIDE Ceiling 2 mg/m3 (NA(OH))(CAS 1310-73-2) US.Workplace Environmental Exposure Level (WEEL)Guides Components Type Value HYPOCHLOROUS ACID, STEL 2 mg/m3 SODIUM SALT(1:1) (CAS 7681-52-9) Biological limit values No biological exposure limits noted for the ingredient(s). 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. Eye wash facilities and emergency shower must be available when handling this product. Individual protection measures,such as personal protective equipment The following are recommendations for Personnel Protective Equipment(PPE).The employer/user of this product must perform a Hazard Assessment of the workplace according to OSHA regulations 29 CFR 1910,132 to determine the appropriate PPE for use while performing any task involving potential exposure to this product. Eyelface protection Wear safety glasses with side shields(or goggles)and a face shield. Skin protection Hand protection Wear appropriate chemical resistant gloves. Suitable gloves can be recommended by the glove supplier. Other Wear appropriate chemical resistant clothing. Respiratory protection In case of insufficient ventilation,wear suitable respiratory equipment. Thermal hazards Wear appropriate thermal protective clothing,when necessary. General hygiene Always observe good personal hygiene measures, such as washing after handling the material considerations and before eating, drinking, and/or smoking. Routinely wash work clothing and protective equipment to remove contaminants. 9. Physical and chemical properties Appearance Physical state Liquid. Form Liquid. Color CLEAR, LIGHT YELLOW-GREEN Odor CHLORINE Odor threshold Not available. pH 11.5-13.5 Melting point/freezing point 7°F (-13.89°C) Initial boiling point and boiling 230.03°F (110.02°C)estimated range Flash point Not available. Evaporation rate Not available. Flammability(solid,gas) Not applicable. Material name:SODIUM HYPOCHLORITE 10% sos Us 813540 Version#:15 Revision date:06-21-2017 Issue date:11-05-2015 3/7 Upper/lower flammability or explosive limits Flammability limit-lower Not available. N Flammability limit-upper Not available. (%) Explosive limit-lower Not available. Explosive limit-upper(°h) Not available. Vapor pressure Not available. Vapor density Not available. Relative density Not available. Solubility(ies) Solubility(water) Not available. Partition coefficient Not available. (n-octanol/water) Auto-ignition temperature Not available. Decomposition temperature Not available. Viscosity Not available. Other information Density 10.00 Ibs/gal Explosive properties Not explosive. Oxidizing properties Not oxidizing. Percent volatile 89.3%estimated Specific gravity 1.2 10. Stability and reactivity Reactivity Reacts violently with strong acids.This product may react with oxidizing agents. Chemical stability Material is stable under normal conditions. Possibility of hazardous Hazardous polymerization does not occur. reactions Conditions to avoid Contact with incompatible materials. Do not mix with other chemicals. Incompatible materials Acids. Oxidizing agents. Hazardous decomposition No hazardous decomposition products are known. products 11. Toxicological information Information on likely routes of exposure Inhalation May cause irritation to the respiratory system. Prolonged inhalation may be harmful. Skin contact Causes severe skin burns. Eye contact Causes serious eye damage. Ingestion Causes digestive tract burns. Symptoms related to the Burning pain and severe corrosive skin damage. Causes serious eye damage. Symptoms may physical, chemical and include stinging,tearing, redness,swelling, and blurred vision. Permanent eye damage including toxicological blindness could result. characteristics Information on toxicological effects Acute toxicity Not available. Skin corrosion/irritation Causes severe skin burns and eye damage. Serious eye damage/eye Causes serious eye damage. irritation Respiratory or skin sensitization Respiratory sensitization Not a respiratory sensitizer. Skin sensitization This product is not expected to cause skin sensitization. Material name:SODIUM HYPOCHLORITE 10% sos us 813540 Version#:15 Revision date:06-21-2017 Issue date:11-05-2015 4/7 Germ cell mutagenicity No data available to indicate product or any components present at greaterthan 0.1%are mutagenic or genotoxic. Carcinogenicity This product is not considered to be a carcinogen by IARC, ACGIH, NTP,or OSHA. IARC Monographs.Overall Evaluation of Carcinogenicity Not listed. OSHA Specifically Regulated Substances(29 CFR 1910.1001-1060) Not regulated. US.National Toxicology Program(NTP) Report on Carcinogens Not listed. Reproductive toxicity This product is not expected to cause reproductive or developmental effects. Specific target organ Not classified. toxicity-single exposure Specific target organ Not classified. toxicity-repeated exposure Aspiration hazard Not an aspiration hazard. Chronic effects Prolonged inhalation may be harmful. 12. Ecological information Ecotoxicity The product is not classified as environmentally hazardous. However,this does not exclude the possibility that large or frequent spills can have a harmful or damaging effect on the environment. Components Species Test Results HYPOCHLOROUS ACID, SODIUM SALT(1:1)(CAS 7681-52-9) Aquatic Fish LC50 Chinook salmon (Oncorhynchus 0.038-0.065 mg/I, 96 hours tshawytscha) SODIUM HYDROXIDE(NA(OH))(CAS 1310-73-2) Aquatic Crustacea EC50 Water flea (Ceriodaphnia dubia) 34.59-47.13 mg/I, 48 hours Fish LC50 Western mosquitofish (Gambusia affinis) 125 mg/I, 96 hours Estimates for product may be based on additional component data not shown. Persistence and degradability No data is available on the degradability of this product. Bioaccumulative potential No data available. Mobility in soil No data available. 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. Dispose of contents/container in accordance with local/regional/national/international 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. 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 Since emptied containers may retain product residue, follow label warnings even after container is emptied. Empty containers should be taken to an approved waste handling site for recycling or disposal. 14. Transport information DOT UN number UN1791 UN proper shipping name HYPOCHLORITE SOLUTIONS MARINE POLLUTANT(SODIUM HYPOCHLORITE) RQ Transport hazard class(es) Class 8 Material name:SODIUM HYPOCHLORITE 10% sos us 813540 Version#:15 Revision date:06-21-2017 Issue date:11-05-2015 5/7 Subsidiary risk - Packing group III Special precautions for user Read safety instructions, SIDS and emergency procedures before handling. ERG number 154 DOT information on packaging may be different from that listed. DOT General information IMDG Regulated Marine Pollutant. 15. Regulatory information US federal regulations This product is a"Hazardous Chemical'as defined by the OSHA Hazard Communication Standard,29 CFR 1910.1200. TSCA Section 12(b)Export Notification(40 CFR 707,Subpt.D) Not regulated. CERCLA Hazardous Substance List(40 CFR 302.4) HYPOCHLOROUS ACID, SODIUM SALT(1:1)(CAS Listed. 7681-52-9) SODIUM HYDROXIDE(NA(OH))(CAS 1310-73-2) Listed. SARA 304 Emergency release notification Not regulated. OSHA Specifically Regulated Substances(29 CFR 1910.1001-1060) Not regulated. 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 Yes 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.California.Candidate Chemicals List.Safer Consumer Products Regulations(Cal.Code Regs,tit.22,69602.3,subd. (a)) SODIUM HYDROXIDE(NA(OH))(CAS 1310-73-2) Material name:SODIUM HYPOCHLORITE 10% SIDS us 813540 Version#:15 Revision date:06-21-2017 Issue date:11-05-2015 6/7 US.Massachusetts RTK-Substance List HYPOCHLOROUS ACID, SODIUM SALT(1:1)(CAS 7681-52-9) SODIUM HYDROXIDE(NA(OH))(CAS 1310-73-2) US.New Jersey Worker and Community Right-to-Know Act HYPOCHLOROUS ACID, SODIUM SALT(1:1)(CAS 7681-52-9) SODIUM HYDROXIDE(NA(OH))(CAS 1310-73-2) US.Pennsylvania Worker and Community Right-to-Know Law HYPOCHLOROUS ACID, SODIUM SALT(1:1) (CAS 7681-52-9) SODIUM HYDROXIDE(NA(OH))(CAS 1310-73-2) US.Rhode Island RTK HYPOCHLOROUS ACID, SODIUM SALT(1:1)(CAS 7681-52-9) SODIUM HYDROXIDE(NA(OH))(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. International Inventories Country(s)or region Inventory name On inventory(yes/no)* Australia Australian Inventory of Chemical Substances(AICS) 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 11-05-2015 Revision date 06-21-2017 Version# 15 HMISO ratings Health:3 Flammability: 0 Physical hazard:0 NFPA ratings Health:3 Flammability: 0 Instability: 0 Disclaimer While Brenntag believes the information contained herein to be accurate, Brenntag makes no representation or warranty, express or implied, regarding,and assumes no liability for,the accuracy or completeness of the information. The Buyer assumes all responsibility for handling, using and/or reselling the Product in accordance with applicable federal,state,and local law. This SIDS shall not in any way limit or preclude the operation and effect of any of the provisions of Brenntag's terms and conditions of sale. Material name:SODIUM HYPOCHLORITE 10% sos Us 813540 Version#:15 Revision date:06-21-2017 Issue date:11-05-2015 7/7 ��....� City of Fort Lauderdale 12006-372 ACn Q� DATE(/2015 YYW) ...�IJR CERTIFICATE OF LIABILITY INSURANCE 12129/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Marsh USA Inc. NAME: 1717 Arch Street PHONE FAX AIC No: Philadelphia,PA 19103-2797 E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC# 424780-*ALL-GAW-16-17 INSURER A:Insurance Company Of The State Of PA 19429 INSURED BRENNTAGMlD-SOUTH,INC. INSURER B:ACE American Insurance Company 22667 1405 HIGHWAY 136 WEST INSURER C:Indemnity Insurance Company of North America 43575 HENDERSON,KY 42420 INSURER D:Agri General Insurance Company 42757 INSURER E:ACE Fire Underwnters Co 120702 INSURER F COVERAGES CERTIFICATE NUMBER: CLE-004765023-11 REVISION NUMBER:1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY GL2638373 01/01/2016 01/01/2017 EACH OCCURRENCE $ 2,000,000 DAMAGE TRENTE CLAIMS-MADE M OCCUR PREM SESOEa occcu once $ 1,000,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 2,000,000 GEN1 AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 X POLICY❑ PRO- JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER 1 $ B AUTOMOBILE LIABILITY ISAH08867434 01/01/2016 01/01/2017 COEa aMBccINEDdentSINGLE LIMIT $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE nt $ HIRED AUTOS AUTOS Peraccde UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ C WORKERS COMPENSATION WLRC48600037(AOS) 01/01/2016 01/01/2017 X STATUTE OERH AND EMPLOYERS'LIABILITY B ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N WLRC48600049(CA,MA) 01/01I2016 01I01/2017 E L EACH ACCIDENT $ 2,000,000 D OFFICER/MEMBER EXCLUDEDI [7] N/A (Mandatory in NH) WLRC48600050(TN) 01/01/2016 01/01/2017 E L DISEASE-EA EMPLOYE $ 2,000,000 E If yes,descn (WI)under SCFC48600062 01/01/2016 01/01/2017 DESCRIPTION OF OPERATIONS below ( ) E L DISEASE-POLICY LIMIT $ 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) CERTIFICATE HOLDER IS INCLUDED AS ADDITIONAL INSURED,EXCEPT FOR WORKERS COMPENSATION,WHERE REQUIRED BY CONTRACT OR AGREEMENT AND TO THE EXTENT PERMITTED BY LAW GENERAL LIABILITY PROVIDES SUDDEN AND ACCIDENTAL POLLUTION COVERAGE CERTIFICATE HOLDER CANCELLATION CITY OF FORT LAUDERDALE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE PROCUREMENT SERVICES DEPARTMENT THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 100 N.ANDREWS AVENUE,ROOM 619 ACCORDANCE WITH THE POLICY PROVISIONS. FORT LAUDERDALE,FL 33301 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashl Mukherjeeauao+.� ^�u ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD 8/11/2017 BidSync p.83 Scott Randolph, Tax Collector Local Business Tax Receipt Orange County, Florida This local business tax receipt is in addition to and not in lieu of any other tax required by law or municipal ordinance.Businesses are subject to regulation of zoning,health and other lawful authorities.This receipt is valid from October 1 through September 30 of receipt year.Delinquent penalty Is added October 1. 2016 EXPIRES 9/30/2017 3128-0970290 3128 BULK PLANT $70.00 33 EMPLOYEE 5000 BUSINESS OFFICE $30.00 10 EMPLOYEE TOTAL TAX $100.00 CAVINS J C VP&CFO REGULATED WASTE $50.00 PREVIOUSLY PAID $150,00 TOTAL DUE $0.00 BRENNTAG MID SOUTH INC PO BOX20 HENDERSON KY 42419-0020 260 CENTRAL FLORIDA PY U-ORLANDO,32824 PAID; $150.00 0099-00741806 8/12/2016 -Scott Randolph, Tax Collector Local Business Tax Receipt Orange County, Florida This local business tax receipt is in addition to and not in lieu of any other tax required by law or municipal ordinance.Businesses are subject to regulation of zoning,health and other lawful authorities.This receipt is valid from October 1 through September 30 of receipt year.Delinquent penalty Is added October 1. 2016 EXPIRES 9/30/2017 3128-0970290 3128 BULK PLANT $70.00 33 EMPL 0INESS OFFICE $30.00 10 EMPLOYEE TOTAL TAX $100.00 REGULATED WASTE $50.00 • *C INS J C VP&CFO PREVIOUSLY PAID $160.00 TOTAL DUE $0.00 ENNTAG MID SOUTH INC 0 BOX 20 250 CENTRAL FLORIDA PY {j/} �r HENDERSON KY 42419-0020 U-ORLANDO,32824 "L �fNT$ PAID: $150.00 0099-00741806 8/12/2016 This receipt is official when validated by the Tax Collector. CITY OF FORT LAUDERDALE GENERAL CONDITIONS These instructions are standard for all contracts for commodities or services issued through the City of Fort Lauderdale Procurement Services Division. The City may delete,supersede,or modify any of these standard instructions for a particular contract by indicating such change in the Invitation to Bid(ITB)Special Conditions,Technical Specifications, Instructions,Proposal Pages,Addenda,and Legal Advertisement.In this general conditions document,Invitation to Bid(ITB), Request for Qualifications(RFQ),and Request for Proposal(RFP)are interchangeable. PART I BIDDER PROPOSAL PAGE(S)CONDITIONS; 1.01 BIDDER ADDRESS, The City maintains automated vendor address lists that have been generated for each specific Commodity Class item through our bid issuing service,BidSync. Notices of Invitations to Bid(ITB'S)are sent by e-mail to the selection of bidders who have fully registered with BidSync or faxed(if applicable) to every vendor on those lists,who may then view the bid documents online. Bidders who have been informed of a bid's availability in any other manner are responsible for registering with BidSync in order to view the bid documents.There is no fee for doing so. If you wish bid notifications be provided to another e-mail address or fax, please contact BidSync. If you wish purchase orders sent to a different address, please so indicate in your bid response. If you wish payments sent to a different address, please so indicate on your invoice. 1.02 DELIVERY: Time will be of the essence for any orders placed as a result of this ITB. The City reserves the right to cancel any orders, or part thereof,without obligation if delivery is not made in accordance with the schedule specified by the Bidder and accepted by the City. 1.03 PACKING SLIPS: It will be the responsibility of the awarded Contractor,to attach all packing slips to the OUTSIDE of each shipment. Packing slips must provide a detailed description of what is to be received and reference the City of Fort Lauderdale purchase order number that is associated with the shipment. Failure to provide a detailed packing slip attached to the outside of shipment may result in refusal of shipment at Contractors expense. 1.04 PAYMENT TERMS AND CASH DISCOUNTS: Payment terms,unless otherwise stated in this ITB,will be considered to be net 45 days after the date of satisfactory delivery at the place of acceptance and receipt of correct invoice at the office specified,whichever occurs last. Bidder may offer cash discounts for prompt payment but they will not be considered in determination of award. If a Bidder offers a discount,it is understood that the discount time will be computed from the date of satisfactory delivery, at the place of acceptance, and receipt of correct invoice, at the office specified, whichever occurs last. 1.05 TOTAL BID DISCOUNT: If Bidder offers a discount for award of all items listed in the bid,such discount shall be deducted from the total of the firm net unit prices bid and shall be considered in tabulation and award of bid. 1.06 BIDS FIRM FOR ACCEPTANCE: Bidder warrants,by virtue of bidding,that the bid and the prices quoted in the bid will be firm for acceptance by the City for a period of one hundred twenty(120)days from the date of bid opening unless otherwise stated in the ITB. 1.07 VARIANCES: For purposes of bid evaluation,Bidder's must indicate any variances,no matter how slight,from ITB General Conditions,Special Conditions,Specifications or Addenda in the space provided in the ITB. No variations or exceptions by a Bidder will be considered or deemed a part of the bid submitted unless such variances or exceptions are listed in the bid and referenced in the space provided on the bidder proposal pages. If variances are not stated,or referenced as required, it will be assumed that the product or service fully complies with the City's terms,conditions,and specifications. By receiving a bid,City does not necessarily accept any variances contained in the bid. All variances submitted are subject to review and approval by the City. If any bid contains material variances that, in the City's sole opinion,make that bid conditional in nature,the City reserves the right to reject the bid or part of the bid that is declared,by the City as conditional. 1.08 NO BIDS: If you do not intend to bid please indicate the reason,such as insufficient time to respond,do not offer product or service, unable to meet specifications,schedule would not permit,or any other reason,in the space provided in this ITB. Failure to bid or return no bid comments prior to the bid due and opening date and time,indicated in this ITB,may result in your firm being deleted from our Bidder's registration list for the Commodity Class Item requested in this ITB. 1.09 MINORITY AND WOMEN BUSINESS ENTERPRISE PARTICIPATION AND BUSINESS DEFINITIONS: The City of Fort Lauderdale wants to increase the participation of Minority Business Enterprises(MBE),Women Business Enterprises(WBE), and Small Business Enterprises(SBE)in its procurement activities. If your firm qualifies in accordance with the below definitions please indicate in the space provided in this ITB. Minority Business Enterprise(MBE)"A Minority Business" is a business enterprise that is owned or controlled by one or more socially or economically disadvantaged persons. Such disadvantage may arise from cultural, racial,chronic economic circumstances or background or other similar cause. Such persons include,but are not limited to: Blacks,Hispanics,Asian Americans,and Native Americans. The term "Minority Business Enterprise" means a business at least 51 percent of which is owned by minority group members or,in the case of a publicly owned business,at least 51 percent of the stock of which is owned by minority group members. For the purpose of the preceding sentence, minority group members are citizens of the United States who include,but are not limited to: Blacks,Hispanics,Asian Americans,and Native Americans. Women Business Enterprise(WEE)a"Women Owned or Controlled Business" is a business enterprise at least 51 percent of which is owned by females or, in the case of a publicly owned business, at least 51 percent of the stock of which is owned by females Small Business Enterprise(SBE) "Small Business" means a corporation,partnership,sole proprietorship,or other legal entity formed for the purpose of making a profit,which is independently owned and operated, has either fewer than 100 employees or less than$1,000,000 in annual gross receipts. BLACK,which includes persons having origins in any of the Black racial groups of Africa. WHITE,which includes persons whose origins are Anglo-Saxon and Europeans and persons of Indo-European decent including Pakistani and East Indian. HISPANIC,which includes persons of Mexican,Puerto Rican,Cuban,Central and South American,or other Spanish culture or origin,regardless of race. NATIVE AMERICAN,which includes persons whose origins are American Indians,Eskimos,Aleuts,or Native Hawaiians. ASIAN AMERICAN,which includes persons having origin in any of the original peoples of the Far East,Southeast Asia,the Indian subcontinent,or the Pacific Islands. 1.10 MINORITY-WOMEN BUSINESS ENTERPRISE PARTICIPATION It is the desire of the City of Fort Lauderdale to increase the participation of minority(MBE)and women-owned(WBE) businesses in its contracting and procurement programs. While the City does not have any preference or set aside programs in place,it is committed to a policy of equitable participation for these firms. Proposers are requested to include in their proposals a narrative describing their past accomplishments and intended actions in this area. If proposers are considering minority or women owned enterprise participation in their proposal,those firms,and their specific duties have to be identified in the proposal. If a proposer is considered for award,he or she will be asked to meet with City staff so that the intended MBE/WBE participation can be formalized and included in the subsequent contract. 1.11 SCRUTINIZED COMPANIES Subject to Odebrecht Construction, Inc., v. Prasad, 876 F Supp.2d 1305 (S.D. Fla. 2012), affirmed, Odebrecht Construction, Inc., v. Secretary, Florida Department of Transportation,715 F.3d 1268(11th Cir.2013),with regard to the "Cuba Amendment,"the Contractor certifies that it is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725,Florida Statutes(2016),that it is not engaged in a boycott of Israel,and that it does not have business operations in Cuba or Syria,as provided in section 287.135, Florida Statutes(2016),as may be amended or revised. The City may terminate this Agreement at the City's option if the Contractor is found to have submitted a false certification as provided under subsection(5)of section 287.135,Florida Statutes(2016),as may be amended or revised, or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725,Florida Statutes(2016),or is engaged in a boycott of Israel or has been engaged in business operations in Cuba or Syria,as defined in Section 287.135,Florida Statutes(2016),as may be amended or revised. 1.12 DEBARRED OR SUSPENDED BIDDERS OR PROPOSERS The bidder or proposer certifies, by submission of a response to this solicitation,that neither it nor its principals and subcontractors are presently debarred or suspended by any Federal department or agency. Part II DEFINITIONS/ORDER OF PRECEDENCE: 2.01 BIDDING DEFINITIONS The City will use the following definitions in its general conditions, special conditions,technical specifications, instructions to bidders,addenda and any other document used in the bidding process: INVITATION TO BID(ITB)when the City is requesting bids from qualified Bidders. REQUEST FOR PROPOSALS(RFP)when the City is requesting proposals from qualified Proposers. REQUEST FOR QUALIFICATIONS(RFQ)when the City is requesting qualifications from qualified Proposers. BID—a price and terms quote received in response to an ITB. PROPOSAL—a proposal received in response to an RFP. BIDDER—Person or firm submitting a Bid. PROPOSER—Person or firm submitting a Proposal. RESPONSIVE BIDDER—A person whose bid conforms in all material respects to the terms and conditions included in the ITB. RESPONSIBLE BIDDER—A person who has the capability in all respects to perform in full the contract requirements,as stated in the ITB,and the integrity and reliability that will assure good faith performance. FIRST RANKED PROPOSER—That Proposer, responding to a City RFP,whose Proposal is deemed by the City,the most advantageous to the City after applying the evaluation criteria contained in the RFP. SELLER—Successful Bidder or Proposer who is awarded a Purchase Order or Contract to provide goods or services to the City. CONTRACTOR—Successful Bidder or Proposer who is awarded a Purchase Order,award Contract, Blanket Purchase Order agreement,or Term Contract to provide goods or services to the City. CONTRACT—A deliberate verbal or written agreement between two or more competent parties to perform or not to perform a certain act or acts, including all types of agreements, regardless of what they may be called,for the procurement or disposal of equipment,materials,supplies,services or construction. CONSULTANT—Successful Bidder or Proposer who is awarded a contract to provide professional services to the City. The following terms may be used interchangeably by the City: ITB and/or RFP;Bid or Proposal;Bidder,Proposer,or Seller; Contractor or Consultant;Contract,Award,Agreement or Purchase Order. 2.02 SPECIAL CONDITIONS: Any and all Special Conditions contained in this ITB that may be in variance or conflict with these General Conditions shall have precedence over these General Conditions. If no changes or deletions to General Conditions are made in the Special Conditions,then the General Conditions shall prevail in their entirety, PART III BIDDING AND AWARD PROCEDURES: 3.01 SUBMISSION AND RECEIPT OF BIDS: To receive consideration,bids must be received prior to the bid opening date and time. Unless otherwise specified,Bidders should use the proposal forms provided by the City. These forms may be duplicated, but failure to use the forms may cause the bid to be rejected. Any erasures or corrections on the bid must be made in ink and initialed by Bidder in ink. All information submitted by the Bidder shall be printed,typewritten or filled in with pen and ink. Bids shall be signed in ink. Separate bids must be submitted for each ITB issued by the City in separate sealed envelopes properly marked. When a particular ITB or RFP requires multiple copies of bids or proposals they may be included in a single envelope or package properly sealed and identified. Only send bids via facsimile transmission(FAX)if the ITB specifically states that bids sent via FAX will be considered. If such a statement is not included in the ITB, bids sent via FAX will be rejected. Bids will be publicly opened in the Procurement Office,or other designated area,in the presence of Bidders,the public,and City staff. Bidders and the public are invited and encouraged to attend bid openings. Bids will be tabulated and made available for review by Bidder's and the public in accordance with applicable regulations. 3.02 MODEL NUMBER CORRECTIONS: If the model number for the make specified in this ITB is incorrect,or no longer available and replaced with an updated model with new specifications,the Bidder shall enter the correct model number on the bidder proposal page. In the case of an updated model with new specifications,Bidder shall provide adequate information to allow the City to determine if the model bid meets the City's requirements. 3.03 PRICES QUOTED: Deduct trade discounts,and quote firm net prices. Give both unit price and extended total. In the case of a discrepancy in computing the amount of the bid,the unit price quoted will govern. All prices quoted shall be F.O.B. destination,freight prepaid(Bidder pays and bears freight charges, Bidder owns goods in transit and files any claims), unless otherwise stated in Special Conditions. Each item must be bid separately. No attempt shall be made to tie any item or items contained in the ITB with any other business with the City. 3.04 TAXES: The City of Fort Lauderdale is exempt from Federal Excise and Florida Sales taxes on direct purchase of tangible property. Exemption number for EIN is 59-6000319,and State Sales tax exemption number is 85-8013875578C-1. 3.05 WARRANTIES OF USAGE: Any quantities listed in this ITB as estimated or projected are provided for tabulation and information purposes only. No warranty or guarantee of quantities is given or implied. It is understood that the Contractor will furnish the City's needs as they arise. 3.06 APPROVED EQUAL: When the technical specifications call for a brand name,manufacturer,make,model,or vendor catalog number with acceptance of APPROVED EQUAL,it shall be for the purpose of establishing a level of quality and features desired and acceptable to the City. In such cases, the City will be receptive to any unit that would be considered by qualified City personnel as an approved equal. In that the specified make and model represent a level of quality and features desired by the City,the Bidder must state clearly in the bid any variance from those specifications. It is the Bidder's responsibility to provide adequate information,in the bid,to enable the City to ensure that the bid meets the required criteria. If adequate information is not submitted with the bid, it may be rejected. The City will be the sole judge in determining if the item bid qualifies as an approved equal. 3.07 MINIMUM AND MANDATORY TECHNICAL SPECIFICATIONS: The technical specifications may include items that are considered minimum, mandatory, or required. If any Bidder is unable to meet or exceed these items, and feels that the technical specifications are overly restrictive,the bidder must notify the Procurement Services Division immediately. Such notification must be received by the Procurement Services Division prior to the deadline contained in the ITB,for questions of a material nature,or prior to five(5)days before bid due and open date,whichever occurs first. If no such notification is received prior to that deadline,the City will consider the technical specifications to be acceptable to all bidders. 3.08 MISTAKES: Bidders are cautioned to examine all terms, conditions,specifications,drawings,exhibits, addenda,delivery instructions and special conditions pertaining to the ITB. Failure of the Bidder to examine all pertinent documents shall not entitle the bidder to any relief from the conditions imposed in the contract. 3.09 SAMPLES AND DEMONSTRATIONS: Samples or inspection of product may be requested to determine suitability Unless otherwise specified in Special Conditions,samples shall be requested after the date of bid opening,and if requested should be received by the City within seven(7)working days of request. Samples,when requested, must be furnished free of expense to the City and if not used in testing or destroyed,will upon request of the Bidder,be returned within thirty(30) days of bid award at Bidder's expense. When required,the City may request full demonstrations of units prior to award. When such demonstrations are requested,the Bidder shall respond promptly and arrange a demonstration at a convenient location. Failure to provide samples or demonstrations as specified by the City may result in rejection of a bid. 3.10 LIFE CYCLE COSTING: If so specified in the ITB,the City may elect to evaluate equipment proposed on the basis of total cost of ownership. In using Life Cycle Costing, factors such as the following may be considered: estimated useful life, maintenance costs, cost of supplies, labor intensity,energy usage,environmental impact,and residual value. The City reserves the right to use those or other applicable criteria, in its sole opinion that will most accurately estimate total cost of use and ownership 3.11 BIDDING ITEMS WITH RECYCLED CONTENT: In addressing environmental concerns,the City of Fort Lauderdale encourages Bidders to submit bids or alternate bids containing items with recycled content. When submitting bids containing items with recycled content,Bidder shall provide documentation adequate for the City to verify the recycled content. The City prefers packaging consisting of materials that are degradable or able to be recycled. When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled material or packaging that is able to be recycled. 3.12 USE OF OTHER GOVERNMENTAL CONTRACTS: The City reserves the right to reject any part or all of any bids received and utilize other available governmental contracts,if such action is in its best interest. 3.13 QUALIFICATIONS/INSPECTION: Bids will only be considered from firms normally engaged in providing the types of commodities/services specified herein. The City reserves the right to inspect the Bidder's facilities,equipment,personnel, and organization at any time,or to take any other action necessary to determine Bidder's ability to perform. The Procurement Director reserves the right to reject bids where evidence or evaluation is determined to indicate inability to perform. 3.14 BID SURETY: If Special Conditions require a bid security,it shall be submitted in the amount stated. A bid security can be in the form of a bid bond or cashier's check. Bid security will be returned to the unsuccessful bidders as soon as practicable after opening of bids. Bid security will be returned to the successful bidder after acceptance of the performance bond, if required,acceptance of insurance coverage,if required;and full execution of contract documents, if required;or conditions as stated in Special Conditions. 3.15 PUBLIC RECORDSITRADE SECRETS/COPYRIGHT: The Proposer's response to the RFP is a public record pursuant to Florida law,which is subject to disclosure by the City under the State of Florida Public Records Law, Florida Statutes Chapter 119 07("Public Records Law"). The City shall permit public access to all documents, papers, letters or other material submitted in connection with this RFP and the Contract to be executed for this RFP,subject to the provisions of Chapter 119.07 of the Florida Statutes. Any language contained in the Proposer's response to the RFP purporting to require confidentiality of any portion of the Proposer's response to the RFP,except to the extent that certain information is in the City's opinion a Trade Secret pursuant to Florida law,shall be void. If a Proposer submits any documents or other information to the City which the Proposer claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07("Public Records Laws"), the Proposer shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Proposer must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Proposer's response to the RFP constitutes a Trade Secret. The city's determination of whether an exemption applies shall be final, and the proposer agrees to defend, indemnify, and hold harmless the city and the city's officers,employees,and agent,against any loss or damages incurred by any person or entity as a result of the city's treatment of records as public records. Proposals purporting to be subject to copyright protection in full or in part will be rejected. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW,DO NOT MARK YOUR RESPONSE TO THE RFP AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR RESPONSE TO THE RFP OR ANY PART THEREOF AS COPYRIGHTED. 3.16 PROHIBITION OF INTEREST: No contract will be awarded to a bidding firm who has City elected officials, officers or employees affiliated with it, unless the bidding firm has fully complied with current Florida State Statutes and City Ordinances relating to this issue. Bidders must disclose any such affiliation. Failure to disclose any such affiliation will result in disqualification of the Bidder and removal of the Bidder from the City's bidder lists and prohibition from engaging in any business with the City. 3.17 RESERVATIONS FOR AWARD AND REJECTION OF BIDS: The City reserves the right to accept or reject any or all bids,part of bids,and to waive minor irregularities or variations to specifications contained in bids,and minor irregularities in the bidding process. The City also reserves the right to award the contract on a split order basis, lump sum basis,individual item basis,or such combination as shall best serve the interest of the City. The City reserves the right to make an award to the responsive and responsible bidder whose product or service meets the terms,conditions,and specifications of the ITB and whose bid is considered to best serve the City's interest. In determining the responsiveness of the offer and the responsibility of the Bidder,the following shall be considered when applicable: the ability,capacity and skill of the Bidder to perform as required;whether the Bidder can perform promptly,or within the time specified,without delay or interference; the character,integrity,reputation,judgment,experience and efficiency of the Bidder;the quality of past performance by the Bidder,the previous and existing compliance by the Bidder with related laws and ordinances;the sufficiency of the Bidder's financial resources;the availability,quality and adaptability of the Bidder's supplies or services to the required use;the ability of the Bidder to provide future maintenance,service or parts;the number and scope of conditions attached to the bid. If the ITB provides for a contract trial period,the City reserves the right, in the event the selected bidder does not perform satisfactorily,to award a trial period to the next ranked bidder or to award a contract to the next ranked bidder,if that bidder has successfully provided services to the City in the past. This procedure to continue until a bidder is selected or the contract is re-bid,at the sole option of the City. 3.18 LEGAL REQUIREMENTS: Applicable provisions of all federal,state,county laws,and local ordinances,rules and regulations, shall govern development,submittal and evaluation of all bids received in response hereto and shall govern any and all claims and disputes which may arise between person(s)submitting a bid response hereto and the City by and through its officers,employees and authorized representatives,or any other person, natural or otherwise;and lack of knowledge by any bidder shall not constitute a cognizable defense against the legal effect thereof. 3.19 BID PROTEST PROCEDURE: ANY PROPOSER OR BIDDER WHO IS NOT RECOMMENDED FOR AWARD OF A CONTRACT AND WHO ALLEGES A FAILURE BY THE CITY TO FOLLOW THE CITY'S PROCUREMENT ORDINANCE OR ANY APPLICABLE LAW MAY PROTEST TO THE DIRECTOR OF PROCUREMENT SERVICES DIVISION(DIRECTOR),BY DELIVERING A LETTER OF PROTEST TO THE DIRECTOR WITHIN FIVE(5)DAYS AFTER A NOTICE OF INTENT TO AWARD IS POSTED ON THE CITY'S WEB SITE AT THE FOLLOWING LINK: http://www.fortlauderdale.gov/purchasing/notices_of—intent.htm THE COMPLETE PROTEST ORDINANCE MAY BE FOUND ON THE CITY'S WEB SITE AT THE FOLLOWING LINK: http://www.fortlauderdale.gov/purchasing/protestordinance.pdf PART IV BONDS AND INSURANCE 4.01 PERFORMANCE BOND: If a performance bond is required in Special Conditions,the Contractor shall within fifteen(15) working days after notification of award,furnish to the City a Performance Bond, payable to the City of Fort Lauderdale, Florida,in the face amount specified in Special Conditions as surety for faithful performance under the terms and conditions of the contract. If the bond is on an annual coverage basis,renewal for each succeeding year shall be submitted to the City thirty(30)days prior to the termination date of the existing Performance Bond.The Performance Bond must be executed by a surety company of recognized standing,authorized to do business in the State of Florida and having a resident agent. Acknowledgement and agreement is given by both parties that the amount herein set for the Performance Bond is not intended to be nor shall be deemed to be in the nature of liquidated damages nor is it intended to limit the liability of the Contractor to the City in the event of a material breach of this Agreement by the Contractor. 4.02 INSURANCE: If the Contractor is required to go on to City property to perform work or services as a result of ITB award,the Contractor shall assume full responsibility and expense to obtain all necessary insurance as required by City or specified in Special Conditions. The Contractor shall provide to the Procurement Services Division original certificates of coverage and receive notification of approval of those certificates by the City's Risk Manager prior to engaging in any activities under this contract. The Contractors insurance is subject to the approval of the City's Risk Manager. The certificates must list the City as an ADDITIONAL INSURED for General Liability Insurance, and shall have no less than thirty (30)days written notice of cancellation or material change. Further modification of the insurance requirements may be made at the sole discretion of the City's Risk Manager if circumstances change or adequate protection of the City is not presented. Bidder,by submitting the bid,agrees to abide by such modifications. PART V PURCHASE ORDER AND CONTRACT TERMS: 5.01 COMPLIANCE TO SPECIFICATIONS,LATE DELIVERIES/PENALTIES: Items offered may be tested for compliance to bid specifications. Items delivered which do not conform to bid specifications may be rejected and returned at Contractor's expense. Any violation resulting in contract termination for cause or delivery of items not conforming to specifications,or late delivery may also result in: Bidders name being removed from the City's bidder's mailing list for a specified period and Bidder will not be recommended for any award during that period. All City Departments being advised to refrain from doing business with the Bidder. All other remedies in law or equity. 5.02 ACCEPTANCE,CONDITION,AND PACKAGING: The material delivered in response to ITB award shall remain the property of the Seller until a physical inspection is made and the material accepted to the satisfaction of the City. The material must comply fully with the terms of the ITB,be of the required quality,new,and the latest model. All containers shall be suitable for storage and shipment by common carrier,and all prices shall include standard commercial packaging. The City will not accept substitutes of any kind. Any substitutes or material not meeting specifications will be returned at the Bidder's expense. Payment will be made only after City receipt and acceptance of materials or services. 5.03 SAFETY STANDARDS: All manufactured items and fabricated assemblies shall comply with applicable requirements of the Occupation Safety and Health Act of 1970 as amended,and be in compliance with Chapter 442,Florida Statutes. Any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this order must be accompanied by a completed Safety Data Sheet(SDS). 5.04 ASBESTOS STATEMENT: All material supplied must be 100%asbestos free. Bidder, by virtue of bidding,certifies that if awarded any portion of the ITB the bidder will supply only material or equipment that is 100%asbestos free. 5.05 OTHER GOVERNMENTAL ENTITIES: If the Bidder is awarded a contract as a result of this ITB,the bidder may, if the bidder has sufficient capacity or quantities available, provide to other governmental agencies, so requesting,the products or services awarded in accordance with the terms and conditions of the ITB and resulting contract. Prices shall be F.O.B. delivered to the requesting agency. 5.06 VERBAL INSTRUCTIONS PROCEDURE: No negotiations,decisions,or actions shall be initiated or executed by the Contractor as a result of any discussions with any City employee. Only those communications which are in writing from an authorized City representative may be considered. Only written communications from Contractors,which are assigned by a person designated as authorized to bind the Contractor,will be recognized by the City as duly authorized expressions on behalf of Contractors. 5.07 INDEPENDENT CONTRACTOR: The Contractor is an independent contractor under this Agreement. Personal services provided by the Proposer shall be by employees of the Contractor and subject to supervision by the Contractor,and not as officers, employees, or agents of the City. Personnel policies,tax responsibilities,social security, health insurance, employee benefits, procurement policies unless otherwise stated in this ITB,and other similar administrative procedures applicable to services rendered under this contract shall be those of the Contractor. 5.08 INDEMNITY/HOLD HARMLESS AGREEMENT: The Contractor agrees to protect,defend,indemnify, and hold harmless the City of Fort Lauderdale and its officers,employees and agents from and against any and all losses,penalties,damages, settlements, claims, costs, charges for other expenses, or liabilities of every and any kind including attorney's fees, in connection with or arising directly or indirectly out of the work agreed to or performed by Contractor under the terms of any agreement that may arise due to the bidding process. Without limiting the foregoing,any and all such claims,suits,or other actions relating to personal injury,death,damage to property,defects in materials or workmanship, actual or alleged violations of any applicable Statute,ordinance, administrative order, rule or regulation, or decree of any court shall be included in the indemnity hereunder. 5.09 TERMINATION FOR CAUSE: If,through any cause,the Contractor shall fail to fulfill in a timely and proper manner its obligations under this Agreement,or if the Contractor shall violate any of the provisions of this Agreement,the City may upon written notice to the Contractor terminate the right of the Contractor to proceed under this Agreement,or with such part or parts of the Agreement as to which there has been default,and may hold the Contractor liable for any damages caused to the City by reason of such default and termination. In the event of such termination,any completed services performed by the Contractor under this Agreement shall,at the option of the City,become the City's property and the Contractor shall be entitled to receive equitable compensation for any work completed to the satisfaction of the City. The Contractor,however, shall not be relieved of liability to the City for damages sustained by the City by reason of any breach of the Agreement by the Contractor,and the City may withhold any payments to the Contractor for the purpose of setoff until such time as the amount of damages due to the City from the Contractor can be determined. 5.10 TERMINATION FOR CONVENIENCE: The City reserves the right, in its best interest as determined by the City,to cancel contract by giving written notice to the Contractor thirty(30)days prior to the effective date of such cancellation. 5.11 CANCELLATION FOR UNAPPROPRIATED FUNDS: The obligation of the City for payment to a Contractor is limited to the availability of funds appropriated in a current fiscal period,and continuation of the contract into a subsequent fiscal period is subject to appropriation of funds,unless otherwise authorized by law. 5.12 RECORDS/AUDIT: The Contractor shall maintain during the term of the contract all books of account, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The Contractor agrees to make available to the City Auditor or designee,during normal business hours and in Broward,Miami- Dade or Palm Beach Counties,all books of account, reports and records relating to this contract should be retained for the duration of the contract and for three years after the final payment under this Agreement, or until all pending audits, investigations or litigation matters relating to the contract are closed,whichever is later. 5.13 PERMITS,TAXES,LICENSES: The successful Contractor shall,at their own expense,obtain all necessary permits,pay all licenses,fees and taxes, required to comply with all local ordinances, state and federal laws, rules and regulations applicable to business to be carried out under this contract 5.14 LAWS/ORDINANCES: The Contractor shall observe and comply with all Federal,state,local and municipal laws,ordinances rules and regulations that would apply to this contract. 5.15 NON-DISCRIMINATION: There shall be no discrimination as to race,sex,color,creed,age or national origin in the operations conducted under this contract. 5.16 UNUSUAL CIRCUMSTANCES: If during a contract term where costs to the City are to remain firm or adjustments are restricted by a percentage or CPI cap, unusual circumstances that could not have been foreseen by either party of the contract occur,and those circumstances significantly affect the Contractor's cost in providing the required prior items or services,then the Contractor may request adjustments to the costs to the City to reflect the changed circumstances. The circumstances must be beyond the control of the Contractor,and the requested adjustments must be fully documented. The City may, after examination, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive,or decreases are considered to be insufficient. In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City,the City will reserve the following options- 1. The contract can be canceled by the City upon giving thirty(30)days written notice to the Contractor with no penalty to the City or Contractor. The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained in the notice. 2. The City requires the Contractor to continue to provide the items and services at the firm fixed(non-adjusted)cost until the termination of the contract term then in effect. 3. If the City,in its interest and in its sole opinion,determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve them of a legitimate obligation under the contract,and no unusual circumstances had occurred,the City reserves the right to take any and all action under law or equity. Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying him for receiving any business from the City for a stated period of time. If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters. 5.17 ELIGIBILITY: If applicable, the Contractor must first register with the Department of State of the State of Florida, in accordance with Florida State Statutes,prior to entering into a contract with the City. 5.18 PATENTS AND ROYALTIES: The Contractor,without exception, shall indemnify and save harmless the City and its employees from liability of any nature and kind,including cost and expenses for or on account of any copyrighted,patented or un-patented invention,process,or article manufactured or used in the performance of the contract,including its use by the City. If the Contractor uses any design,device,or materials covered by letters,patent or copyright,it is mutually agreed and understood without exception that the bid prices shall include all royalties or costs arising from the use of such design, device,or materials in any way involved in the work. 5.19 ASSIGNMENT: Contractor shall not transfer or assign the performance required by this ITB without the prior written consent of the City. Any award issued pursuant to this ITB,and the monies,which may become due hereunder,are not assignable except with the prior written approval of the City Commission or the City Manager or City Manager's designee,depending on original award approval. 5.20 LITIGATION VENUE: The parties waive the privilege of venue and agree that all litigation between them in the state courts shall take place in Broward County, Florida and that all litigation between them in the federal courts shall take place in the Southern District in and for the State of Florida. 5.21 LOCATION OF UNDERGROUND FACILITIES: If the Contractor,for the purpose of responding to this solicitation,requests the location of underground facilities through the Sunshine State One-Call of Florida, Inc.notification system or through any person or entity providing a facility locating service, and underground facilities are marked with paint,stakes or other markings within the City pursuant to such a request,then the Contractor,shall be deemed non-responsive to this solicitation in accordance with Section 2-184(5)of the City of Fort Lauderdale Code of Ordinances 5.22 PUBLIC RECORDS 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 : ( 954 -828-5002, PRRCONTRACT FORTLAUDERDALE.GOV, CITY CLERK'S OFFICE, 100 NORTH ANDREWS AVENUE, FORT LAUDERDALE, FLORIDA 33301) Contractor shall: 1. Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service. 2. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes (2016), as may be amended or revised, or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of this contract if the Contractor does not transfer the records to the City. 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 this 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 this 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. NON-COLLUSION STATEMENT: By signing this offer, the vendor/contractor certifies that this offer is made independently and free from collusion. Vendor shall disclose below any City of Fort Lauderdale, FL officer or employee, or any relative of any such officer or employee who is an officer or director of, or has a material interest in, the vendor's business, who is in a position to influence this procurement. Any City of Fort Lauderdale, FL officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for purposes hereof, to be in a position to influence this procurement. For purposes hereof, a person has a material interest if they directly or indirectly own more than 5 percent of the total assets or capital stock of any business entity, or if they otherwise stand to personally gain if the contract is awarded to this vendor. In accordance with City of Fort Lauderdale, FL Policy and Standards Manual, 6.10.8.3, 3.3. City employees may not contract with the City through any corporation or business entity in which they or their immediate family members hold a controlling financial interest (e.g. ownership of five (5) percent or more). 3.4. Immediate family members (spouse, parents and children) are also prohibited from contracting with the City subject to the same general rules. Failure of a vendor to disclose any relationship described herein shall be reason for debarment in accordance with the provisions of the City Procurement Code. NAME RELATIONSHIPS n/a n/a In the event the vendor does not indicate any names, the City shall interpret this to mean that the vendor has indicated that no such relationships exist. CONTRACT PAYMENT METHOD BY P-CARD THIS FORM MUST BY SUBMITTED WITH YOUR RESPONSE The City of Fort Lauderdale has implemented a Procurement Card (P-Card) program which changes how payments are remitted to its vendors. The City has transitioned from traditional paper checks to payment by credit card via MasterCard or Visa. This allows you as a vendor of the City of Fort Lauderdale to receive your payment fast and safely. No more waiting for checks to be printed and mailed. Payments will be made utilizing the City's P-Card (MasterCard or Visa). Accordingly, firms must presently have the ability to accept credit card payment or take whatever steps necessary to implement acceptance of a credit card before the commencement of a contract. Please indicate which credit card payment you prefer: ❑ MasterCard ❑-/ Visa Card Company Name: Brenntag Mid South Inc Ray Sibbitt Ray Sibbitt Name (Printed) Signature 08/22/2017 District Manager Date: Title QUESTIONNAIRE SHEET PLEASE PRINT OR TYPE: Firm Name: Brenntag Mid South Inc President Gil Steadman Business Address: 250 Central Florida Parkway Telephone: 8008761727 Fax: 4078513512 E-Mail Address: subach@brenntag.com What was the last project of this nature which you completed? Current The following are named as three corporations and representatives of those corporations for which you have performed work and which the City may contact as your references (include addresses, e- mail and telephone numbers): Seacoast Utilites Dawn Phillips dphillip@sua.com City of Pt St Lucie Jason Bezak jbezak@cityofpsl.com Collier County Tim James timothyjames@colliergov.net How many years has your organization been in business? 69+ Have you ever failed to complete work awarded to you; if so, where and why? No The name of the qualifying agent for the firm and his position is: N/A Certificate of Competency Number of Qualifying Agent: N/A Effective Date: N/A Expiration Date: N/A Licensed in: Florida Contractor's License/Certification# 31280970290 (County/State) Expiration Date: 09/30/2017 NOTE: Contractor must have proper licensing prior to submitting bid and must submit evidence of same with bid. To be considered for award of this contract, the bidder must submit a financial statement upon request. QUESTIONNAIRE SHEET 1. Have you personally inspected the proposed work and have you a complete plan for its performance? Yes 2. Will you sublet any part of this work? If so, list the portions or specialties of the work that you will. a) m m b) NIA c) d) e) f) 9) 3. What equipment do you own that is available for the work? Company owners Tankers, Trailers, Cabs 4. What equipment will you purchase for the proposed work? None 5. What equipment will you rent for the proposed work? None BID/PROPOSAL CERTIFICATION Please Note: If responding to this solicitation through BidSync, the electronic version of the bid response will prevail, unless a paper version is clearly marked by the bidder in some manner to indicate that it will supplant the electronic version. All fields below must be completed. If the field does not apply to you, please note N/A in that field. If you are a foreign corporation, you may be required to obtain a certificate of authority from the department of state, in accordance with Florida Statute§607.1501 (visit http://www.dos.state.fl.us/). Company: (Legal Registration) Brenntag Mid South Inc Address: 250 Central Florida Parkway City: OrlandoState: FIZip: 32824 Telephone No. 8008761727FAX No. Email: subach@brenntag.com Delivery: Calendar days after receipt of Purchase Order (section 1.02 of General Conditions): 2 Total Bid Discount (section 1.05 of General Conditions): 0 Does your firm qualify for MBE or WBE status (section 1.09 of General Conditions): MBE ❑WBE ❑ ADDENDUM ACKNOWLEDGEMENT - Proposer acknowledges that the following addenda have been received and are included in the proposal: Addendum No. Date Issued Addendum No. Date Issued Addendum No. Date Issued n/a VARIANCES: If you take exception or have variances to any term, condition, specification, scope of service, or requirement in this competitive solicitation you must specify such exception or variance in the space provided below or reference in the space provided below all variances contained on other pages within your response. Additional pages may be attached if necessary. No exceptions or variances will be deemed to be part of the response submitted unless such is listed and contained in the space provided below. The City does not, by virtue of submitting a variance, necessarily accept any variances. If no statement is contained in the below space, it is hereby implied that your response is in full compliance with this competitive solicitation. If you do not have variances, simply mark N/A. If submitting your response electronically through BIDSYNC you must also click the "Take Exception" button. The below signatory hereby agrees to furnish the following article(s)or services at the price(s)and terms stated subject to all instructions, conditions, specifications addenda, legal advertisement, and conditions contained in the bid/proposal. I have read all attachments including the specifications and fully understand what is required. By submitting this signed proposal I will accept a contract if approved by the City and such acceptance covers all terms, conditions, and specifications of this bid/proposal. The below signatory also hereby agrees, by virtue of submitting or attempting to submit a response, that in no event shall the City's liability for respondent's direct, indirect, incidental, consequential, special or exemplary damages, expenses, or lost profits arising out of this competitive solicitation process, including but not limited to public advertisement, bid conferences, site visits, evaluations, oral presentations, or award proceedings exceed the amount of Five Hundred Dollars($500.00).This limitation shall not apply to claims arising under any provision of indemnification or the City's protest ordinance contained in this competitive solicitation. Submitted by: Ray Sibbitt Ray Sibbitt Name (printed) Signature 08/11/2017 District Manager Date: Title City of Fort Lauderdale Bid 12006-372 Solicitation 12006-372 Sodium Hypochlorite (CO-OP) Bid Designation: Public CITY OF FORT LAUDERDALE City of Fort Lauderdale CAM#17-1079 8/11/2017 1:22 PM Exhibit P.1 1 of 34 City of Fort Lauderdale Bid 12006-372 Bid 12006-372 ' Sodium Hypochlorite (CO-OP) Bid Number 12006-372 Bid Title Sodium Hypochlorite (CO-OP) Bid Start Date Jul 21, 2017 4:29:31 PM EDT Bid End Date Aug 11, 2017 2:00:00 PM EDT Question& Answer End Date Aug 4, 2017 5:00:00 PM EDT Bid Contact Stefan S Mohammed Procurement Specialist I Finance 954-828-5351 smohammed@fortlauderdale.gov Contract Duration 2 years Contract Renewal 2 annual renewals Prices Good for 120 days Bid Comments The City of Fort Lauderdale,as the lead agency for the Southeast Florida Governmental Purchasing Cooperative Group(COOP)is requesting bids to provide a firm fixed price for the purchase and delivery of Sodium Hypochlorite in bulk and less than tanker loads as specified herein. Item Response Form Item 12006-372-01-01 -Sodium Hypochlorite- Tanker Load Quantity 2157356 gallon Unit Price Delivery Location City of Fort Lauderdale See ITB Specifications See ITB Specifications Fort Lauderdale FL 33301 Qty 2157356 Description Product specifications'(as per AVVVVA standard B300a-99.latest revision): • Trade name: Hypochlorite Solution, Bleach • Chemical formula: NaOCI • Specific gravity:at 20C-U-1,2 • Molecular weight 7 4.5 • Appearance: Light-yellow to green clear liquid solution Solubility in water:Complete • Freezing Temperature: minus 7C to minus 10C 12%Solution Strength CAM#17-1079 8/11/2017 1:22 PM Exhibit p.2 2 of 34 City of Fort Lauderdale Bid 12006-372 Item 12006-372-01-02 -Sodium hypochlorite- Less than tanker load Quantity 180000 gallon Unit Price Delivery Location City of Fort Lauderdale See ITB Specifications See ITB Specifications Fort Lauderdale FL 33301 Qty 180000 Description Product specifications'(as per AWWA standard B300a-99.latest revision): • Trade name: Hypochlorite Solution, Bleach • Chemical formula: NaOCI • Specific gravity:at 20C-U -1,2 • Molecular weight 7 4.5 • Appearance: Light-yellow to green clear liquid solution Solubility in water: Complete • Freezing Temperature: minus 7C to minus 10C 12%Solution Strength CAM#17-1079 8/11/2017 1:22 PM Exhibit 2 p.3 3 of 34 City of Fort Lauderdale Bid 12006-372 • s, s SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE GROUP TO OUR PROSPECTIVE CONTRACTORS: The attached Invitation for Bid or Request for Proposal represents a cooperative procurement for the Southeast Florida Governmental Purchasing Cooperative Group. For the past several years, approximately forty-five (45) government entities have participated in Cooperative Purchasing in Southeast Florida. The Southeast Florida Governmental Purchasing Cooperative Group was formed in an effort to provide cost savings and cost avoidances to all entities by utilizing the buying power of combined requirements for common, basic items. The Government Agencies participating in this particular procurement and their respective delivery locations are listed in the attached document. Southeast Florida Governmental Purchasinq Cooperative Group Procurement Operational Procedures: • All questions concerning this procurement should be addressed to the issuing agency, hereinafter referred to as the "lead agency". All responses are to be returned in accordance with the instructions contained in the attached document. Any difficulty with participating agencies referenced in this award must be brought to the attention of the lead agency. • Each participating governmental entity will be responsible for awarding the contract, issuing its own purchase orders, and for order placement. Each entity will require separate billings, be responsible for payment to the Contractor(s) awarded this contract, and issue its own tax exemption certificates as required by the Contractor. • The Contract/purchase order terms of each entity will prevail for the individual participating entity. Invoicing instructions, delivery locations and insurance requirements will be in accordance with the respective agency requirements. • Any reference in the documents to a single entity or location will, in fact, be understood as referring to all participating entities referenced in the documents and cover letter unless specifically noted otherwise. • The awarded Contractor(s)shall be responsible for advising the lead agency of those participants who fail to place orders as a result of this award during the contract period. • The Contractor(s) shall furnish the Lead Agency a detailed Summary of Sales semi-annually during the contract period. Sales Summary shall include contract number(s), contractor's name, the total of each commodity sold during the reporting period and the total dollar amount of purchases by commodity. • Municipalities and other governmental entities which are not members of the Southeast Florida Governmental Purchasing Cooperative Group are strictly prohibited from utilizing any contract or purchase order resulting from this bid award. However, other Southeast Florida Governmental Purchasing Cooperative Group members may participate in this contract for new usage, during the contract term, or in any contract extension term, if approved by the lead agency. New Southeast Florida Governmental Purchasing Cooperative Group members may participate in any contract on acceptance and approval by the lead agency. • None of the participating governmental entities shall be deemed or construed to be a party to any contract executed by and between any other governmental entity and the Contractor(s) as a result of this procurement action. "WORKING TOGETHER TO REDUCE COSTS" CAM#17-1079 8/11/2017 1:22 PM Exhibit 2 p.4 4 of 34 City of Fort Lauderdale Bid 12006-372 ITB# 12006-372 TITLE: Sodium Hypochlorite Co-Op PART I - INFORMATION SPECIAL CONDITIONS 01. PURPOSE The City of Fort Lauderdale, Florida (City) is seeking bids from qualified bidders, hereinafter referred to as the Contractor, to provide Sodium Hypochlorite for the City's Public Works Department, in accordance with the terms, conditions, and specifications contained in this Invitation To Bid (ITB). 02. INFORMATION OR CLARIFICATION For information concerning procedures for responding to this solicitation, contact Procurement Specialist, Stefan Mohammed, at (954) 828-5351 or email at smohammed@fortlauderdale.gov. Such contact shall be for clarification purposes only. For information concerning technical specifications please utilize the question / answer feature provided by BidSync at www.bidsvnc.com. Questions of a material nature must be received prior to the cut-off date specified in the solicitation. Material changes, if any, to the scope of services or bidding procedures will only be transmitted by written addendum. (See addendum section of BidSync Site). Contractors please note: No part of your bid can be submitted via FAX. No variation in price or conditions shall be permitted based upon a claim of ignorance. Submission of a bid will be considered evidence that the Contractor has familiarized themselves with the nature and extent of the work, and the equipment, materials, and labor required. The entire bid response must be submitted in accordance with all specifications contained in this solicitation. The questions and answers submitted in BidSync shall become part of any contract that is created from this ITB. It is the sole responsibility of the Contractor to ensure that their bid is submitted electronically through BidSync at www.bidsvnc.com or reaches the City of Fort Lauderdale City Hall, Procurement Services Division, 6th floor, Suite 619, 100 N. Andrews Avenue, Fort Lauderdale, FL 33301 in a sealed envelope marked on the outside with the ITB solicitation number and Contractor's name, no later than the time and date specified in this solicitation. 03. TRANSACTION FEES The City of Fort Lauderdale uses BidSync (www.bidsvnc.com) to distribute and receive bids and proposals. There is no charge to vendors/contractors to register and participate in the solicitation process, nor will any fees be charged to the awarded contractor. 04. PRE-BID CONFERENCE AND/OR SITE VISIT There will not be a pre-bid conference or site visit for this Invitation to Bid. It will be the sole responsibility of the Contractor to become familiar with the scope of the City's requirements and systems prior to submitting a proposal. No variation in price or conditions shall be permitted based upon a claim of ignorance. Submission of a proposal will be considered evidence that the proposer has familiarized themselves with the nature and extent of the work, equipment, materials, and labor required. 05. ELIGIBILITY To be eligible for award of a contract in response to this solicitation, the Contractor must CAM#17-1079 8/11/2017 1:22 PM Exhibit 2 P.5 5 of 34 City of Fort Lauderdale Bid 12006-372 demonstrate that they have successfully completed services, as specified in the Technical Specifications / Scope of Services section of this solicitation, are normally and routinely engaged in performing such services, and are properly and legally licensed to perform such work. In addition, the Contractor must have no conflict of interest with regard to any other work performed by the Contractor for the City of Fort Lauderdale. 06. PRICING/DELIVERY Delivery is required within two business days after receipt of purchase order. Failure to meet this delivery date may be deemed as non-responsive. All deliveries are to be shipped F.O.B. Destination, Freight included. Failure to provide costs as requested in this ITB may deem your bid non-responsive. All work is to be performed during normal working hours unless requested otherwise by the participating agency. Contractor must provide name and contact information as references for facilities that have been provided the same or similar products and service. City of Hollywood delivery instructions- delivery 8:OOAM to 6:OOPM, 7 days a week. Town of Davie delivery instructions- Except in emergency, deliveries should be made between 8:OOam and 3:OOpm. 07. BID DOCUMENTS The Contractor shall examine this bid carefully. Ignorance of the requirements will not relieve the Contractor from liability and obligation under the Contract. 08. METHOD OF AWARD Contractor must bid on all items. Partial bids will not be considered. The City also reserves the right to accept or reject any or all bids, part of bids, and to waive minor irregularities or variations to specifications contained in bids, and minor irregularities in the bidding process. The City also reserves the right to award the contract on a split order basis, lump sum basis, individual item basis, or such combination as shall best serve the interest of the City. 09. PRICE VALIDITY Prices provided in this Invitation to bid (ITB) are valid for 120 days from time of ITB opening. The City shall award contract within this time period or shall request to the recommended awarded vendor an extension to hold pricing, until products/services have been awarded. 10. GENERAL CONDITIONS General Conditions Form G-107 Rev. 02/15 (GC) are included and made a part of this ITB. 11. NEWS RELEASES/PUBLICITY News releases, publicity releases, or advertisements relating to this contract or the tasks or projects associated with the project shall not be made without prior City approval. 12. CONTRACTORS' COSTS The City shall not be liable for any costs incurred by proposers in responding to this solicitation. 13. RULES AND SUBMITTALS OF BIDS CAM#17-1079 8/11/2017 1:22 PM Exhibit 2 p.6 6 of 34 City of Fort Lauderdale Bid 12006-372 The signer of the bid must declare that the only person(s), company or parties interested in the proposal as principals are named therein; that the bid is made without collusion with any other person(s), company or parties submitting a bid; that it is in all respects fair and in good faith, without collusion or fraud; and that the signer of the bid has full authority to bind the principal bidder. 14. APPROVED EQUAL OR ALTERNATIVE PRODUCT PROPOSALS— N/A 15. MANUFACTURER/BRAND/MODEL SPECIFIC REQUEST This is a manufacturer/brand/model specification. No substitutions will be allowed. 16. WARRANTIES OF USAGE Any estimated quantities listed are for information and tabulation purposes only. No warranty or guarantee of quantities needed is given or implied. It is understood that the Contractor will furnish the City's needs as they arise. 17. CONTRACT PERIOD The initial contract term shall commence upon date of award by the City and shall expire two years from that date. The City reserves the right to extend the contract for two, additional one year terms, providing all terms conditions and specifications remain the same, both parties agree to the extension, and such extension is approved by the City. In the event services are scheduled to end because of the expiration of this contract, the Contractor shall continue the service upon the request of the City as authorized by the awarding authority. The extension period shall not extend for more than 120 days beyond the expiration date of the existing contract. The Contractor shall be compensated for the service at the rate in effect when this extension clause is invoked by the City. 18. COST ADJUSTMENTS Prices quoted shall be firm for the initial contract term of two years. No cost increases shall be accepted in this initial contract term. Please consider this when providing your pricing for this ITB. Thereafter, any extensions which may be approved by the City shall be subject to the following: Costs for any extension terms shall be subject to an adjustment only if increases or decreases occur in the industry. Such adjustment shall be based on the latest yearly percentage increase in the All Urban Consumers Price Index (CPI-U) as published by the Bureau of Labor Statistics, U.S. Dep't. of Labor, and shall not exceed five percent(5%). The yearly increase or decrease in the CPI shall be that latest Index published and available for the calendar year ending 12/31, prior to the end of the contract term then in effect, as compared to the index for the comparable month, one-year prior. Any requested adjustment shall be fully documented and submitted to the City at least 90 days prior to the contract anniversary date. Any approved cost adjustments shall become effective on the beginning date of the approved contract extension. The City may, after examination, refuse to accept the adjusted costs if they are not properly documented, or considered to be excessive, or if decreases are considered to be insufficient. In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved CAM#17-1079 8/11/2017 1:22 PM Exhibit 2 p.7 7 of 34 City of Fort Lauderdale Bid 12006-372 to the satisfaction of the City, the Contract will be considered cancelled on the scheduled expiration date. 19. SERVICE TEST PERIOD If the Contractor has not previously performed the services to the city, the City reserves the right to require a test period to determine if the Contractor can perform in accordance with the requirements of the contact, and to the City's satisfaction. Such test period can be from thirty to ninety days, and will be conducted under all specifications, terms and conditions contained in the contract. This trial period will then become part of the initial contract period. A performance evaluation will be conducted prior to the end of the test period and that evaluation will be the basis for the City's decision to continue with the Contractor or to select another Contractor(if applicable). 20. CONTRACT COORDINATOR The City may designate a Contract Coordinator whose principal duties shall be: Liaison with Contractor Coordinate and approve all work under the contract. Resolve any disputes. Assure consistency and quality of Contractor's performance. Schedule and conduct Contractor performance evaluations and document findings. Review and approve for payment all invoices for work performed or items delivered. 21. CONTRACTOR PERFORMANCE REVIEWS AND RATINGS The City Contract Coordinator may develop a Contractor performance evaluation report. This report shall be used to periodically review and rate the Contractor's performance under the contract with performance rating as follows: Excellent Far exceeds requirements. Good Exceeds requirements Fair Just meets requirements. Poor Does not meet all requirements and contractor is subject to penalty provisions under the contract. Non-compliance Either continued poor performance after notice or a performance level that does not meet a significant portion of the requirements. This rating makes the Contractor subject to the default or cancellation for cause provisions of the contract. The report shall also list all discrepancies found during the review period. The Contractor shall be provided with a copy of the report, and may respond in writing if he takes exception to the report or wishes to comment on the report. Contractor performance reviews and subsequent reports will be used in determining the suitability of the contract extension. 22. INVOICES/PAYMENT Payment terms will be considered to be net 45 days in accordance with the Florida Local Government Prompt Payment Act after the date of satisfactory delivery at the place of acceptance and receipt of correct invoice at the office specified, whichever occurs last. Bidder may offer cash discounts for prompt payment but they will not be considered in determination of award. CAM#17-1079 8/11/2017 1:22 PM Exhibit 2 p.8 8 of 34 City of Fort Lauderdale Bid 12006-372 23. PAYMENT METHOD The City of Fort Lauderdale has implemented a Procurement Card (P-Card) program which changes how payments are remitted to its vendors. The City has transitioned from traditional paper checks to payment by credit card via MasterCard or Visa. This allows you as a vendor of the City of Fort Lauderdale to receive your payment fast and safely. No more waiting for checks to be printed and mailed. Payments will be made utilizing the City's P-Card (MasterCard or Visa). Accordingly, firms must presently have the ability to accept credit card payment or take whatever steps necessary to implement acceptance of a credit card before the commencement of a contract. See Contract Payment Method form attached. 24. RELATED EXPENSES/TRAVEL EXPENSES All costs including travel are to be included in your proposal. The City will not accept any additional costs. 25. NO EXCLUSIVE CONTRACT/ADDITIONAL SERVICES While this contract is for services provided to the department referenced in this Invitation For Bid, the City may require similar work for other City departments. Contractor agrees to take on such work unless such work would not be considered reasonable or become an undue burden to the Contractor. Contractor agrees and understands that the contract shall not be construed as an exclusive arrangement and further agrees that the City may, at any time, secure similar or identical services from another vendor at the City's sole option. The City may require additional items or services of a similar nature, but not specifically listed in the contract. The Contractor agrees to provide such items or services, and shall provide the City prices on such additional items or services. If the price(s) offered are not acceptable to the City, and the situation cannot be resolved to the satisfaction of the City, the City reserves the right to procure those items or services from other vendors, or to cancel the contract upon giving the Contractor 30 days written notice. 26. DELETION OR MODIFICATION OF SERVICES The City reserves the right to delete any portion of the Contract at any time without cause, and if such right is exercised by the City, the total fee shall be reduced in the same ratio as the estimated cost of the work deleted bears to the estimated cost of the work originally planned. If work has already been accomplished on the portion of the Contract to be deleted, the Contractor shall be paid for the deleted portion on the basis of the estimated percentage of completion of such portion. If the Contractor and the City agree on modifications or revisions to services, after the City has approved work to begin on such services, and a budget has been established for those services, the Contractor will submit a revised budget to the City for approval prior to proceeding with the work. 27. SUBSTITUTION OF PERSONNEL— N/A 28. INSURANCE The Contractor shall furnish proof of insurance requirements as indicated below. The coverage is to remain in force at all times during the contract period. The following minimum insurance coverage is required. The City is to be added as an "additional insured"with relation to General CAM#17-1079 8/11/2017 1:22 PM Exhibit 2 P.9 9 of 34 City of Fort Lauderdale Bid 12006-372 Liability Insurance. This MUST be written in the description section of the insurance certificate, even if you have a check-off box on your insurance certificate. Any costs for adding the City as "additional insured"will be at the contractor's expense. The City of Fort Lauderdale shall be given notice ten days prior to cancellation or modification of any stipulated insurance. The insurance provided shall be endorsed or amended to comply with this notice requirement. In the event that the insurer is unable to accommodate, it shall be the responsibility of the Contractor to provide the proper notice. Such notification will be in writing by registered mail, return receipt requested and addressed to the Procurement Services Division. The Contractor's insurance must be provided by an A.M. Best's "A-" rated or better insurance company authorized to issue insurance policies in the State of Florida, subject to approval by the City's Risk Manager. Any exclusions or provisions in the insurance maintained by the contractor that precludes coverage for work contemplated in this ITB shall be deemed unacceptable, and shall be considered breach of contract. Workers' Compensation and Employers' Liability Insurance Limits: Workers' Compensation — Per Florida Statute 440 Employers' Liability- $500,000 Any firm performing work on behalf of the City of Fort Lauderdale must provide Workers' Compensation insurance. Exceptions and exemptions can only be made if they are in accordance with Florida Statute. For additional information contact the Department of Financial Services, Workers' Compensation Division at(850) 413-1601 or on the web at www.fldfs.com. Commercial General Liability Insurance Covering premises-operations, products-completed operations, independent contractors and contractual liability. Limits: Combined single limit bodily injury/property damage $1,000,000. This coverage must include, but not limited to: a. Coverage for the liability assumed by the contractor under the indemnity provision of the contract. b. Coverage for Premises/Operations c. Products/Completed Operations d. Broad Form Contractual Liability e. Independent Contractors Automobile Liability Insurance Covering all owned, hired and non-owned automobile equipment. Limits: Bodily injury $250,000 each person $500,000 each occurrence Property damage $100,000 each occurrence CAM#17-1079 8/11/2017 1:22 PM Exhibit 2 P. 10 10 of 34 City of Fort Lauderdale Bid 12006-372 Pollution Liability with a policy limit of$1,000,000. A copy of ANY current Certificate of Insurance should be included with your proposal. In the event that you are the successful bidder, you will be required to provide a certificate naming the City as an "additional insured" for General Liability. Certificate holder should be addressed as follows: City of Fort Lauderdale Procurement Services Division 100 N. Andrews Avenue, Suite 619 Fort Lauderdale, FL 33301 29. SUB-CONTRACTORS If the Contractor proposes to use subcontractors in the course of providing these services to the City, this information shall be a part of the bid response. Such information shall be subject to review, acceptance and approval of the City, prior to any contract award. The City reserves the right to approve or disapprove of any subcontractor candidate in its best interest and to require Contractor to replace subcontractor with one that meets City approval. Contractor shall ensure that all of Contractor's subcontractors perform in accordance with the terms and conditions of this Contract. Contractor shall be fully responsible for all of Contractor's subcontractors' performance, and liable for any of Contractor's subcontractors' non- performance and all of Contractor's subcontractors' acts and omissions. Contractor shall defend, at Contractor's expense, counsel being subject to the City's approval or disapproval, and indemnify and hold harmless the City and the City's officers, employees, and agents from and against any claim, lawsuit, third-party action, or judgment, including any award of attorney fees and any award of costs, by or in favor of any Contractor's subcontractors for payment for work performed for the City. 30. INSURANCE—SUB-CONTRACTORS Contractor shall require all of its sub-contractors to provide the aforementioned coverage as well as any other coverage that the contractor may consider necessary, and any deficiency in the coverage or policy limits of said sub-contractors will be the sole responsibility of the contractor. 31. INSURANCE FOR COLLECTION OF CREDIT CARD PAYMENTS—N/A 32. BID SURETY—N/A 33. PAYMENT AND PERFORMANCE BOND— N/A 34. OWNERSHIP OF WORK— N/A 35. CONDITION OF TRADE IN OF EQUIPMENT—N/A 36. CONDITIONS OF TRADE IN SHIPMENT AND PURCHASE PAYMENT—N/A 37. UNCONTROLLABLE CIRCUMSTANCES ("Force Majeure") The City and Contractor will be excused from the performance of their respective obligations under this agreement when and to the extent that their performance is delayed or prevented by CAM#17-1079 8/11/2017 1:22 PM Exhibit 2 P.11 11 of 34 City of Fort Lauderdale Bid 12006-372 any circumstances beyond their control including, fire, flood, explosion, strikes or other labor disputes, act of God or public emergency, war, riot, civil commotion, malicious damage, act or omission of any governmental authority, delay or failure or shortage of any type of transportation, equipment, or service from a public utility needed for their performance, provided that: A. The non performing party gives the other party prompt written notice describing the particulars of the Force Majeure including, but not limited to, the nature of the occurrence and its expected duration, and continues to furnish timely reports with respect thereto during the period of the Force Majeure; B. The excuse of performance is of no greater scope and of no longer duration than is required by the Force Majeure; C. No obligations of either party that arose before the Force Majeure causing the excuse of performance are excused as a result of the Force Majeure; and D. The non performing party uses its best efforts to remedy its inability to perform. Notwithstanding the above, performance shall not be excused under this Section for a period in excess of two months, provided that in extenuating circumstances, the City may excuse performance for a longer term. Economic hardship of the Contractor will not constitute Force Majeure. The term of the agreement shall be extended by a period equal to that during which either party's performance is suspended under this Section. 38. PUBLIC ENTITY CRIMES NOTE: Contractor, by submitting a proposal attests she/he/it has not been placed on the convicted vendor list. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 39. DAMAGE TO PUBLIC OR PRIVATE PROPERTY Extreme care shall be taken to safeguard all existing facilities, site amenities, irrigation systems, vehicles, etc. on or around the job site. Damage to public and/or private property shall be the responsibility of the Contractor and shall be repaired and/or replaced at no additional cost to the City. 40. SAFETY The Contractor(s) shall adhere to the Florida Department of Transportation's Uniform manual on Traffic Control for construction and maintenance work zones when working on or near a roadway. It will be the sole responsibility of the Contractor to make themselves and their employees fully aware of these provisions, especially those applicable to safety. CAM#17-1079 8/11/2017 1:22 PM Exhibit 2 p.12 12 of 34 City of Fort Lauderdale Bid 12006-372 41. CANADIAN COMPANIES The City may enforce in the United States of America or in Canada or in both countries a judgment entered against the Contractor. The Contractor waives any and all defenses to the City's enforcement in Canada, of a judgment entered by a court in the United States of America. All monetary amounts set forth in this Contract are in United States dollars. 42. LOBBYING ACTIVITIES ALL CONTRACTORS PLEASE NOTE: Any contractor submitting a response to this solicitation must comply, if applicable, with City of Fort Lauderdale Ordinance No. C-00-27 & Resolution No. 07-101, Lobbying Activities. Copies of Ordinance No. C-00-27 and Resolution No. 07-101 may be obtained from the City Clerk's Office on the 7th Floor of City Hall, 100 N. Andrews Avenue, Fort Lauderdale, Florida. The ordinance may also be viewed on the City's website at http://www.fortlauderdale.gov/clerk/LobbyistDocs/lobbyist ordinance.odf. 43. BID TABULATIONS/INTENT TO AWARD Notice of Intent to Award Contract/Bid, resulting from the City's Formal solicitation process, requiring City Commission action, may be found at: http://www.fortlauderdale.gov/departments/finance/procurement-services/notices-of-intent-to- award. Tabulations of receipt of those parties responding to a formal solicitation may be found at: http://www.fortlauderdale.gov/departments/finance/procurement-services/bid-results , or any interested party may call the Procurement Services Division at 954-828-5933. 44. VERIFICATION OF EMPLOYMENT STATUS—N/A 45. SAMPLE CONTRACT AGREEMENT A sample of the formal agreement template, which may be required to be executed by the awarded vendor can be found at our website: http://www.fortlauderdale.gov/purchasing/AWARDS/CONTRACT%20TEMPLATE%20SERVICE S%20060214.pdf 46. SERVICE ORGANIZATION CONTROLS—N/A 47. LOCAL BUSINESS PREFERENCE Section 2-199.2, Code of Ordinances of the City of Fort Lauderdale, (Ordinance No. C-12-04), provides for a local business preference. In order to be considered for a local business preference, a bidder must include the Local Business Preference Certification Statement of this ITB, as applicable to the local business preference class claimed at the time of bid submittal. Upon formal request of the City, based on the application of a Local Business Preference the Bidder shall within ten calendar days submit the following documentation to the Local Business Preference Class claimed: A) Copy of City of Fort Lauderdale current year business tax receipt, or Broward County current year business tax receipt, and B) List of the names of all employees of the bidder and evidence of employees' residence within the geographic bounds of the City of Fort Lauderdale or Broward County, as the case may be, such as current Florida driver license, residential utility bill (water, electric, telephone, cable television), or other type of similar documentation acceptable to the City. CAM#17-1079 8/11/2017 1:22 PM Exhibit p.13 13 of 34 City of Fort Lauderdale Bid 12006-372 Failure to comply at time of bid submittal shall result in the bidder being found ineligible for the local business preference. THE COMPLETE LOCAL BUSINESS PREFERENCE ORDINANCE MAY BE FOUND ON THE CITY'S WEB SITE AT THE FOLLOWING LINK: http://fortlauderdale.gov/home/showdocument?id=6422 Definitions: The term "Business" shall mean a person, firm, corporation or other business entity which is duly licensed and authorized to engage in a particular work in the State of Florida. Business shall be broken down into four types of classes: 1. Class A Business —shall mean any Business that has established and agrees to maintain a permanent place of business located in a non-residential zone and staffed with full-time employees within the limits of the City and shall maintain a staffing level of the prime contractor for the proposed work of at least fifty percent(50%)who are residents of the City. 2. Class B Business —shall mean any Business that has established and agrees to maintain a permanent place of business located in a non-residential zone and staffed with full-time employees within the limits of the City or shall maintain a staffing level of the prime contractor for the proposed work of at least fifty percent (50%) who are residents of the City. 3. Class C Business —shall mean any Business that has established and agrees to maintain a permanent place of business located in a non-residential zone and staffed with full-time employees within the limits of Broward County. 4. Class D Business — shall mean any Business that does not qualify as either a Class A, Class B, or Class C business. 48. PUBLIC RECORDS All bids will become the property of the City. The Bidder's response to the ITB is a public record pursuant to Florida law, which is subject to disclosure by the City under the State of Florida Public Records Law, Florida Statutes Chapter 119.07 ("Public Records Law"). The City shall permit public access to all documents, papers, letters or other material submitted in connection with this ITB and any resulting Contract to be executed for this ITB, subject to the provisions of Chapter 119.07 of the Florida Statutes. Any language contained in the Bidder's response to the ITB purporting to require confidentiality of any portion of the Bidder's response to the ITB, except to the extent that certain information is in the City's opinion a Trade Secret pursuant to Florida law, shall be void. If a Bidder submits any documents or other information to the City which the Bidder claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07 ("Public Records Laws"), the Bidder shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Bidder must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Bidder's response to the ITB constitutes a Trade Secret. The city's determination of whether an exemption applies shall be final, and the Bidder agrees to defend, indemnify, and hold harmless the city and the city's officers, employees, and agent, against any loss or damages incurred by any person or entity as a result of the city's treatment of records as public records. In the event of Contract award, all documentation produced as part of the Contract shall become the exclusive property of the City. 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 CAM#17-1079 8/11/2017 1:22 PM Exhibit 2 p.14 14 of 34 City of Fort Lauderdale Bid 12006-372 PUBLIC RECORDS AT: (954-828-5002, PRRCONTRACTna.FORTLAUDERDALE.GOV, CITY CLERK'S OFFICE, 100 NORTH ANDREWS AVENUE, FORT LAUDERDALE, FLORIDA 33301) CAM#17-1079 8/11/2017 1:22 PM Exhibit 2 p.15 15 of 34 City of Fort Lauderdale Bid 12006-372 PART II -TECHNICAL SPECIFICATIONS/SCOPE OF SERVICES 1. SCOPE The City of Fort Lauderdale, as the lead agency for the Southeast Florida Governmental Purchasing Cooperative Group (COOP) is requesting bids to provide a firm fixed price for the purchase and delivery of Sodium Hypochlorite in bulk and less than tanker loads as specified herein. 2. SPECIFICATIONS AND REQUIREMENTS Product specifications'(as per ANSI/AWWA B300 standard for Hypochlorite latest revision): • Trade name: Hypochlorite Solution, Bleach • Chemical formula: NaOCI • Specific gravity: at 20C -U -1,2 • Molecular weight 7 4.5 • Appearance: Light-yellow to green clear liquid solution Solubility in water: Complete • Freezing Temperature: minus 7C to minus 10C 12% Solution Strength and pH range of 11 to 13 3. Standards Hypochlorite supplied under this contract shall be tested and certified as meeting these specifications and those of the American National Standards Institute/National Sanitation Foundation Standard 60 (ANSI/NSF Standard 60), Drinking Water Treatment Chemicals Health Effects, It is the responsibility of the Contractor to inform the participating agency that NSF or UL certification has been revoked or lapsed within 24 hours of the time the supplier receives verbal or written notification. Loss of certification may constitute sufficient grounds for immediate termination of the contract between the participating agency and the Contractor. Hypochlorite delivered under this contract shall have a minimum of 120 Grams per Liter (GPL) available chlorine (i.e., 12.0 Trade Percent). Hypochlorite delivered under this contract shall have a minimum of 0.15 percent by weight sodium hydroxide and a maximum of 0.45 weight percent sodium hydroxide. Sampling and testing shall be in accordance with EPA and AWWA B300 standards and NSF certification must be provided with every delivery. 4. Clean Tank Guarantee At any time during the performance of this Agreement, if any participating agency has any-sort of sludge or other impurity buildup in any of its sodium hypochlorite tanks, the Contractor shall clean out the tank at no charge to the participating agency within seven (7) days, unless such timeframe is extended by the participating agency. The cleanout should be done in such a manner so that it is done safely with no Joss of disinfection to the affected plant and the contents disposed of in accordance with current regulations on disposal of hazardous wastes. The Contractor shall submit a procedure to the participating agency for the approval prior to this work being completed. The determination of whether there is any such sludge or impurity CAM#17-1079 8/11/2017 1:22 PM Exhibit 2 p.16 16 of 34 City of Fort Lauderdale Bid 12006-372 buildup in the tanks will be at the sole discretion of the participating agency. When the tank has been properly cleaned, the Contractor shall refill the tank with clean, fresh sodium hypochlorite at no cost to the participating agency. Failure of the Contractor to clean out the tank and replace the sodium hypochlorite within seven (7) days after being served notice (or within any extension of this timeframe specified by the participating agency) shall be cause for immediate termination of the sodium hypochlorite supply Agreement between the participating agency and the Contractor. 5. DELIVERY LOCATIONS, SIZE OF TANKS AND ESTIMATED ANNUAL USAGE FOR EACH PARTICIPATING AGENCY. 6. SODIUM HYPOCHLORITE- TANKER LOAD- TOTAL ESTIMATED GALLONS PER YEAR 2157356 SODIUM HYPOCHLORITE- LESS THAN A TANKER LOAD- TOTAL ESTIMATED GALLONS PER YEAR 180000 s Ilk Agency.w= Number of,Tanks ` Tank Size Esttmatec! na Usa e: a,allon*.. City of Fort Lauderdale 170000 1500 South State Road 7 3 11459 Fort Lauderdale, FL 33317 City of Hallandale Beach 630 NW 2nd Street, 3 2600 110000 Hallandale Beach WTP, Hallandale Beach, FL 33009 City of Dania Beach 1201 Stirling Road, 3 1500 45000 Dania Beach, FL 33004 City of Hollywood Water Treatment Plant 7 10000 560000 3441 Hollywood Blvd Hollywood, FL 33021 City of Hollywood WHPS 2 500 50000 2400 N 681'Ave Hollywood, FL 33021 City of Cooper City Cooper City Utilities 4 3000 58856 11791 SW 1181'Ave Cooper City, FL 33330 CAM#17-1079 8/11/2017 1:22 PM Exhibit 2 p.17 17 of 34 City of Fort Lauderdale Bid 12006-372 City of Deerfield Beach 290 Goolsby Blvd, 1 6000 70000 Deerfield Beach, FL 33442 City of Margate 6630 NW 9th Street 3 8100(2), 3000(1) 30000 Margate, FL 33063 Town of Davie 4800(1),7800(2) 3500 NW 76th Ave 4 16000(1) 240000 Hollywood, FL 33024 All combined City of Sunrise sunrise locations Sawgrass WTP 12500 tally: 850500 14150 8th St 4 Tanker Load and Sunrise, FL 33325 60000 Less than tanker load City of Sunrise Sawgrass WWTP 1 10000 14150 8th St Sunrise, FL 33325 City of Sunrise Springtree WTP 4350 Springtree Dr 4 15000 Sunrise, FL 33351 City of Sunrise Springtree WWTP 2 8100 4350 Springtree Dr Sunrise, FL 33351 City of Sunrise Southwest WTP 1 1500 15400 Watermill Dr Davie, FL 33331 City of Sunrise Southwest WWTP 2 2500 15400 Slydgemill Dr Davie, FL 33331 CAM#17-1079 8/11/2017 1:22 PM Exhibit 2 P. 18 18of34 City of Fort Lauderdale Bid 12006-372 CITY OF FORT LAUDERDALE GENERAL CONDITIONS These instructions are standard for all contracts for commodities or services issued through the City of Fort Lauderdale Procurement Services Division. The City may delete, supersede, or modify any of these standard instructions for a particular contract by indicating such change in the Invitation to Bid (ITB)Special Conditions,Technical Specifications, Instructions,Proposal Pages,Addenda,and Legal Advertisement.In this general conditions document,Invitation to Bid(ITB), Request for Qualifications(RFQ),and Request for Proposal(RFP)are interchangeable. PART I BIDDER PROPOSAL PAGE(S)CONDITIONS: 1.01 BIDDER ADDRESS: The City maintains automated vendor address lists that have been generated for each specific Commodity Class item through our bid issuing service,BidSync. Notices of Invitations to Bid(ITB'S)are sent by e-mail to the selection of bidders who have fully registered with BidSync or faxed(if applicable) to every vendor on those lists,who may then view the bid documents online.Bidders who have been informed of a bid's availability in any other manner are responsible for registering with BidSync in order to view the bid documents.There is no fee for doing so. If you wish bid notifications be provided to another e-mail address or fax, please contact BidSync. If you wish purchase orders sent to a different address, please so indicate in your bid response. If you wish payments sent to a different address, please so indicate on your invoice. 1.02 DELIVERY: Time will be of the essence for any orders placed as a result of this ITB. The City reserves the right to cancel any orders, or part thereof,without obligation if delivery is not made in accordance with the schedule specified by the Bidder and accepted by the City. 1.03 PACKING SLIPS: It will be the responsibility of the awarded Contractor,to attach all packing slips to the OUTSIDE of each shipment. Packing slips must provide a detailed description of what is to be received and reference the City of Fort Lauderdale purchase order number that is associated with the shipment. Failure to provide a detailed packing slip attached to the outside of shipment may result in refusal of shipment at Contractors expense. 1.04 PAYMENT TERMS AND CASH DISCOUNTS: Payment terms,unless otherwise stated in this ITB,will be considered to be net 45 days after the date of satisfactory delivery at the place of acceptance and receipt of correct invoice at the office specified,whichever occurs last. Bidder may offer cash discounts for prompt payment but they will not be considered in determination of award. If a Bidder offers a discount,it is understood that the discount time will be computed from the date of satisfactory delivery, at the place of acceptance, and receipt of correct invoice, at the office specified,whichever occurs last. 1.05 TOTAL BID DISCOUNT: If Bidder offers a discount for award of all items listed in the bid,such discount shall be deducted from the total of the firm net unit prices bid and shall be considered in tabulation and award of bid. 1.06 BIDS FIRM FOR ACCEPTANCE: Bidder warrants,by virtue of bidding,that the bid and the prices quoted in the bid will be firm for acceptance by the City for a period of one hundred twenty(120)days from the date of bid opening unless otherwise stated in the ITB. 1.07 VARIANCES: For purposes of bid evaluation,Bidder's must indicate any variances,no matter how slight,from ITB General Conditions,Special Conditions,Specifications or Addenda in the space provided in the ITB. No variations or exceptions by a Bidder will be considered or deemed a part of the bid submitted unless such variances or exceptions are listed in the bid and referenced in the space provided on the bidder proposal pages. If variances are not stated,or referenced as required, it will be assumed that the product or service fully complies with the City's terms,conditions,and specifications. By receiving a bid,City does not necessarily accept any variances contained in the bid. All variances submitted are subject to review and approval by the City. If any bid contains material variances that, in the City's sole opinion, make that bid conditional in nature,the City reserves the right to reject the bid or part of the bid that is declared,by the City as conditional. 1.08 NO BIDS: If you do not intend to bid please indicate the reason,such as insufficient time to respond,do not offer product or service, unable to meet specifications,schedule would not permit,or any other reason,in the space provided in this ITB. Failure to bid or return no bid comments prior to the bid due and opening date and time,indicated in this ITB,may result in your firm being deleted from our Bidder's registration list for the Commodity Class Item requested in this ITB. 1.09 MINORITY AND WOMEN BUSINESS ENTERPRISE PARTICIPATION AND BUSINESS DEFINITIONS: The City of Fort Lauderdale wants to increase the participation of Minority Business Enterprises(MBE),Women Business Enterprises(WBE), and Small Business Enterprises(SBE)in its procurement activities. If your firm qualifies in accordance with the below definitions please indicate in the space provided in this ITB. Minority Business Enterprise(MBE)"A Minority Business" is a business enterprise that is owned or controlled by one or more socially or economically disadvantaged persons. Such disadvantage may arise from cultural,racial,chronic economic CAM#17-1079 8/11/2017 1:22 PM Exhibit p. 19 19 of 34 City of Fort Lauderdale Bid 12006-372 circumstances or background or other similar cause. Such persons include,but are not limited to. Blacks,Hispanics,Asian Americans,and Native Americans. The term "Minority Business Enterprise" means a business at least 51 percent of which is owned by minority group members or,in the case of a publicly owned business,at least 51 percent of the stock of which is owned by minority group members. For the purpose of the preceding sentence, minority group members are citizens of the United States who include,but are not limited to: Blacks,Hispanics,Asian Americans,and Native Americans. Women Business Enterprise(WBE)a"Women Owned or Controlled Business" is a business enterprise at least 51 percent of which is owned by females or, in the case of a publicly owned business, at least 51 percent of the stock of which is owned by females. Small Business Enterprise(SBE) "Small Business"means a corporation,partnership,sole proprietorship,or other legal entity formed for the purpose of making a profit,which is independently owned and operated, has either fewer than 100 employees or less than$1,000,000 in annual gross receipts. BLACK,which includes persons having origins in any of the Black racial groups of Africa. WHITE,which includes persons whose origins are Anglo-Saxon and Europeans and persons of Indo-European decent including Pakistani and East Indian. HISPANIC,which includes persons of Mexican, Puerto Rican,Cuban,Central and South American,or other Spanish culture or origin,regardless of race. NATIVE AMERICAN,which includes persons whose origins are American Indians,Eskimos,Aleuts,or Native Hawaiians. ASIAN AMERICAN,which includes persons having origin in any of the original peoples of the Far East,Southeast Asia,the Indian subcontinent,or the Pacific Islands. 1.10 MINORITY-WOMEN BUSINESS ENTERPRISE PARTICIPATION It is the desire of the City of Fort Lauderdale to increase the participation of minority(MBE)and women-owned(WBE) businesses in its contracting and procurement programs. While the City does not have any preference or set aside programs in place,it is committed to a policy of equitable participation for these firms. Proposers are requested to include in their proposals a narrative describing their past accomplishments and intended actions in this area. If proposers are considering minority or women owned enterprise participation in their proposal,those firms,and their specific duties have to be identified in the proposal. If a proposer is considered for award,he or she will be asked to meet with City staff so that the intended MBE/WBE participation can be formalized and included in the subsequent contract. 1.11 SCRUTINIZED COMPANIES Subject to Odebrecht Construction, Inc., v. Prasad, 876 F.Supp 2d 1305 (S D Fla 2012), affirmed, Odebrecht Construction, Inc., v. Secretary, Florida Department of Transportation,715 F.3d 1268(11th Cir.2013),with regard to the "Cuba Amendment,"the Contractor certifies that it is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725,Florida Statutes(2016),that it is not engaged in a boycott of Israel,and that it does not have business operations in Cuba or Syria,as provided in section 287.135, Florida Statutes(2016),as may be amended or revised. The City may terminate this Agreement at the City's option if the Contractor is found to have submitted a false certification as provided under subsection(5)of section 287.135, Florida Statutes(2016),as may be amended or revised, or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes(2016),or is engaged in a boycott of Israel or has been engaged in business operations in Cuba or Syria,as defined in Section 287.135,Florida Statutes(2016),as may be amended or revised. 1.12 DEBARRED OR SUSPENDED BIDDERS OR PROPOSERS The bidder or proposer certifies, by submission of a response to this solicitation,that neither it nor its principals and subcontractors are presently debarred or suspended by any Federal department or agency. Part If DEFINITIONS/ORDER OF PRECEDENCE: 2.01 BIDDING DEFINITIONS The City will use the following definitions in its general conditions, special conditions,technical specifications,instructions to bidders,addenda and any other document used in the bidding process: INVITATION TO BID(ITB)when the City is requesting bids from qualified Bidders. CAM#17-1079 8/11/2017 1:22 PM Exhibit 2 p.20 20 of 34 City of Fort Lauderdale Bid 12006-372 REQUEST FOR PROPOSALS(RFP)when the City is requesting proposals from qualified Proposers. REQUEST FOR QUALIFICATIONS(RFQ)when the City is requesting qualifications from qualified Proposers. BID—a price and terms quote received in response to an ITB. PROPOSAL—a proposal received in response to an RFP. BIDDER—Person or firm submitting a Bid. PROPOSER—Person or firm submitting a Proposal. RESPONSIVE BIDDER—A person whose bid conforms in all material respects to the terms and conditions included in the ITB. RESPONSIBLE BIDDER—A person who has the capability in all respects to perform in full the contract requirements,as stated in the ITB,and the integrity and reliability that will assure good faith performance. FIRST RANKED PROPOSER—That Proposer,responding to a City RFP,whose Proposal is deemed by the City,the most advantageous to the City after applying the evaluation criteria contained in the RFP. SELLER—Successful Bidder or Proposer who is awarded a Purchase Order or Contract to provide goods or services to the City. CONTRACTOR—Successful Bidder or Proposer who is awarded a Purchase Order,award Contract, Blanket Purchase Order agreement,or Term Contract to provide goods or services to the City. CONTRACT—A deliberate verbal or written agreement between two or more competent parties to perform or not to perform a certain act or acts, including all types of agreements, regardless of what they may be called,for the procurement or disposal of equipment,materials,supplies,services or construction. CONSULTANT—Successful Bidder or Proposer who is awarded a contract to provide professional services to the City. The following terms may be used interchangeably by the City: ITB and/or RFP;Bid or Proposal;Bidder,Proposer,or Seller; Contractor or Consultant;Contract,Award,Agreement or Purchase Order. 2.02 SPECIAL CONDITIONS: Any and all Special Conditions contained in this ITB that may be in variance or conflict with these General Conditions shall have precedence over these General Conditions. If no changes or deletions to General Conditions are made in the Special Conditions,then the General Conditions shall prevail in their entirety, PART III BIDDING AND AWARD PROCEDURES: 3.01 SUBMISSION AND RECEIPT OF BIDS: To receive consideration,bids must be received prior to the bid opening date and time. Unless otherwise specified, Bidders should use the proposal forms provided by the City. These forms may be duplicated, but failure to use the forms may cause the bid to be rejected. Any erasures or corrections on the bid must be made in ink and initialed by Bidder in ink. All information submitted by the Bidder shall be printed,typewritten or filled in with pen and ink. Bids shall be signed in ink. Separate bids must be submitted for each ITB issued by the City in separate sealed envelopes properly marked. When a particular ITB or RFP requires multiple copies of bids or proposals they may be included in a single envelope or package properly sealed and identified. Only send bids via facsimile transmission(FAX)if the ITB specifically states that bids sent via FAX will be considered. If such a statement is not included in the ITB, bids sent via FAX will be rejected. Bids will be publicly opened in the Procurement Office,or other designated area,in the presence of Bidders,the public,and City staff. Bidders and the public are invited and encouraged to attend bid openings. Bids will be tabulated and made available for review by Bidder's and the public in accordance with applicable regulations. 3.02 MODEL NUMBER CORRECTIONS: If the model number for the make specified in this ITB is incorrect,or no longer available and replaced with an updated model with new specifications,the Bidder shall enter the correct model number on the bidder proposal page. In the case of an updated model with new specifications,Bidder shall provide adequate information to allow the City to determine if the model bid meets the Citys requirements. 3.03 PRICES QUOTED: Deduct trade discounts,and quote firm net prices. Give both unit price and extended total. In the case of a discrepancy in computing the amount of the bid,the unit price quoted will govern. All prices quoted shall be F.O.B. destination,freight prepaid(Bidder pays and bears freight charges, Bidder owns goods in transit and files any claims), unless otherwise stated in Special Conditions. Each item must be bid separately. No attempt shall be made to tie any item or items contained in the ITB with any other business with the City. 3.04 TAXES: The City of Fort Lauderdale is exempt from Federal Excise and Florida Sales taxes on direct purchase of tangible property. Exemption number for EIN is 59-6000319,and State Sales tax exemption number is 85-8013875578C-1. 3.05 WARRANTIES OF USAGE: Any quantities listed in this ITB as estimated or projected are provided for tabulation and information purposes only. No warranty or guarantee of quantities is given or implied. It is understood that the Contractor will furnish the City's needs as they arise. 3.06 APPROVED EQUAL: When the technical specifications call for a brand name,manufacturer,make,model,or vendor catalog number with acceptance of APPROVED EQUAL, it shall be for the purpose of establishing a level of quality and features desired and acceptable to the City. In such cases,the City will be receptive to any unit that would be considered by qualified City personnel as an approved equal. In that the specified make and model represent a level of quality and features desired by the City,the Bidder must state clearly in the bid any variance from those specifications. It is the Bidder's responsibility to provide adequate information,in the bid,to enable the City to ensure that the bid meets the required criteria. If adequate information is not submitted with the bid,it may be rejected. The City will be the sole judge in determining if the item bid qualifies as an approved equal. CAM#17-1079 8/11/2017 1:22 PM Exhibit 2 p.21 21 of 34 City of Fort Lauderdale Bid 12006-372 3.07 MINIMUM AND MANDATORY TECHNICAL SPECIFICATIONS: The technical specifications may include items that are considered minimum, mandatory,or required. If any Bidder is unable to meet or exceed these items, and feels that the technical specifications are overly restrictive,the bidder must notify the Procurement Services Division immediately. Such notification must be received by the Procurement Services Division prior to the deadline contained in the ITB,for questions of a material nature,or prior to five(5)days before bid due and open date,whichever occurs first. If no such notification is received prior to that deadline,the City will consider the technical specifications to be acceptable to all bidders. 3.08 MISTAKES: Bidders are cautioned to examine all terms,conditions,specifications,drawings,exhibits,addenda,delivery instructions and special conditions pertaining to the ITB. Failure of the Bidder to examine all pertinent documents shall not entitle the bidder to any relief from the conditions imposed in the contract. 3.09 SAMPLES AND DEMONSTRATIONS: Samples or inspection of product may be requested to determine suitability. Unless otherwise specified in Special Conditions,samples shall be requested after the date of bid opening,and if requested should be received by the City within seven(7)working days of request. Samples,when requested, must be furnished free of expense to the City and if not used in testing or destroyed,will upon request of the Bidder,be returned within thirty(30) days of bid award at Bidder's expense. When required,the City may request full demonstrations of units prior to award. When such demonstrations are requested,the Bidder shall respond promptly and arrange a demonstration at a convenient location. Failure to provide samples or demonstrations as specified by the City may result in rejection of a bid. 3.10 LIFE CYCLE COSTING: If so specified in the ITB,the City may elect to evaluate equipment proposed on the basis of total cost of ownership. In using Life Cycle Costing, factors such as the following may be considered: estimated useful life, maintenance costs,cost of supplies, labor intensity,energy usage,environmental impact,and residual value. The City reserves the right to use those or other applicable criteria, in its sole opinion that will most accurately estimate total cost of use and ownership. 3.11 BIDDING ITEMS WITH RECYCLED CONTENT: In addressing environmental concerns,the City of Fort Lauderdale encourages Bidders to submit bids or alternate bids containing items with recycled content. When submitting bids containing items with recycled content,Bidder shall provide documentation adequate for the City to verify the recycled content. The City prefers packaging consisting of materials that are degradable or able to be recycled. When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled material or packaging that is able to be recycled. 3.12 USE OF OTHER GOVERNMENTAL CONTRACTS: The City reserves the right to reject any part or all of any bids received and utilize other available governmental contracts,if such action is in its best interest. 3.13 QUALIFICATIONS/INSPECTION: Bids will only be considered from firms normally engaged in providing the types of commodities/services specified herein. The City reserves the right to inspect the Bidder's facilities,equipment,personnel, and organization at any time,or to take any other action necessary to determine Bidder's ability to perform. The Procurement Director reserves the right to reject bids where evidence or evaluation is determined to indicate inability to perform. 3.14 BID SURETY: If Special Conditions require a bid security, it shall be submitted in the amount stated. A bid security can be in the form of a bid bond or cashiers check. Bid security will be returned to the unsuccessful bidders as soon as practicable after opening of bids. Bid security will be returned to the successful bidder after acceptance of the performance bond,if required;acceptance of insurance coverage,if required;and full execution of contract documents, if required;or conditions as stated in Special Conditions. 3.15 PUBLIC RECORDSITRADE SECRETS/COPYRIGHT: The Proposer's response to the RFP is a public record pursuant to Florida law,which is subject to disclosure by the City under the State of Florida Public Records Law, Florida Statutes Chapter 119.07("Public Records Law'). The City shall permit public access to all documents,papers, letters or other material submitted in connection with this RFP and the Contract to be executed for this RFP,subject to the provisions of Chapter 119.07 of the Florida Statutes. Any language contained in the Proposer's response to the RFP purporting to require confidentiality of any portion of the Proposer's response to the RFP,except to the extent that certain information is in the City's opinion a Trade Secret pursuant to Florida law,shall be void. If a Proposer submits any documents or other information to the City which the Proposer claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07("Public Records Laws"), the Proposer shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Proposer must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Proposer's response to the RFP constitutes a Trade Secret. The city's determination of whether an exemption applies shall be final, and the proposer agrees to defend, indemnify, and hold harmless the city and the city's officers,employees, and agent, against any loss or damages incurred by any person or entity as a result of the city's treatment of records as public records. Proposals purporting to be subject to copyright protection in full or in part will be rejected. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW,DO NOT MARK YOUR RESPONSE TO THE RFP AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR RESPONSE TO THE RFP OR ANY PART THEREOF AS COPYRIGHTED. 3.16 PROHIBITION OF INTEREST: No contract will be awarded to a bidding firm who has City elected officials, officers or CAM#17-1079 8/11/2017 1 22 PM Exhibit p.22 22 of 34 City of Fort Lauderdale Bid 12006-372 employees affiliated with it, unless the bidding firm has fully complied with current Florida State Statutes and City Ordinances relating to this issue. Bidders must disclose any such affiliation. Failure to disclose any such affiliation will result in disqualification of the Bidder and removal of the Bidder from the City's bidder lists and prohibition from engaging in any business with the City. 3.17 RESERVATIONS FOR AWARD AND REJECTION OF BIDS: The City reserves the right to accept or reject any or all bids,part of bids,and to waive minor irregularities or variations to specifications contained in bids,and minor irregularities in the bidding process. The City also reserves the right to award the contract on a split order basis,lump sum basis, individual item basis,or such combination as shall best serve the interest of the City. The City reserves the right to make an award to the responsive and responsible bidder whose product or service meets the terms,conditions,and specifications of the ITB and whose bid is considered to best serve the City's interest. In determining the responsiveness of the offer and the responsibility of the Bidder,the following shall be considered when applicable: the ability,capacity and skill of the Bidder to perform as required;whether the Bidder can perform promptly,or within the time specified,without delay or interference; the character,integrity,reputation,judgment,experience and efficiency of the Bidder;the quality of past performance by the Bidder;the previous and existing compliance by the Bidder with related laws and ordinances;the sufficiency of the Bidder's financial resources;the availability,quality and adaptability of the Bidder's supplies or services to the required use;the ability of the Bidder to provide future maintenance,service or parts;the number and scope of conditions attached to the bid. If the ITB provides for a contract trial period,the City reserves the right, in the event the selected bidder does not perform satisfactorily,to award a trial period to the next ranked bidder or to award a contract to the next ranked bidder,if that bidder has successfully provided services to the City in the past. This procedure to continue until a bidder is selected or the contract is re-bid,at the sole option of the City. 3.18 LEGAL REQUIREMENTS: Applicable provisions of all federal,state,county laws,and local ordinances,rules and regulations, shall govern development,submittal and evaluation of all bids received in response hereto and shall govern any and all claims and disputes which may arise between person(s)submitting a bid response hereto and the City by and through its officers,employees and authorized representatives,or any other person, natural or otherwise;and lack of knowledge by any bidder shall not constitute a cognizable defense against the legal effect thereof. 3.19 BID PROTEST PROCEDURE: ANY PROPOSER OR BIDDER WHO IS NOT RECOMMENDED FOR AWARD OF A CONTRACT AND WHO ALLEGES A FAILURE BY THE CITY TO FOLLOW THE CITY'S PROCUREMENT ORDINANCE OR ANY APPLICABLE LAW MAY PROTEST TO THE DIRECTOR OF PROCUREMENT SERVICES DIVISION(DIRECTOR),BY DELIVERING A LETTER OF PROTEST TO THE DIRECTOR WITHIN FIVE(5)DAYS AFTER A NOTICE OF INTENT TO AWARD IS POSTED ON THE CITY'S WEB SITE AT THE FOLLOWING LINK: http://www.fortlauderdale.gov/purchasing/notices_of_intent.htm THE COMPLETE PROTEST ORDINANCE MAY BE FOUND ON THE CITY'S WEB SITE AT THE FOLLOWING LINK: http://www.fortlauderdale.gov/purchasing/protestordinance.pdf PART IV BONDS AND INSURANCE 4.01 PERFORMANCE BOND: If a performance bond is required in Special Conditions,the Contractor shall within fifteen(15) working days after notification of award,furnish to the City a Performance Bond,payable to the City of Fort Lauderdale, Florida,in the face amount specked in Special Conditions as surety for faithful performance under the terms and conditions of the contract. If the bond is on an annual coverage basis,renewal for each succeeding year shall be submitted to the City thirty(30)days prior to the termination date of the existing Performance Bond.The Performance Bond must be executed by a surety company of recognized standing,authorized to do business in the State of Florida and having a resident agent. Acknowledgement and agreement is given by both parties that the amount herein set for the Performance Bond is not intended to be nor shall be deemed to be in the nature of liquidated damages nor is it intended to limit the liability of the Contractor to the City in the event of a material breach of this Agreement by the Contractor. 4.02 INSURANCE: If the Contractor is required to go on to City property to perform work or services as a result of ITB award,the Contractor shall assume full responsibility and expense to obtain all necessary insurance as required by City or specified in Special Conditions. The Contractor shall provide to the Procurement Services Division original certificates of coverage and receive notification of approval of those certificates by the City's Risk Manager prior to engaging in any activities under this contract. The Contractors insurance is subject to the approval of the City's Risk Manager. The certificates must list the City as an ADDITIONAL INSURED for General Liability Insurance, and shall have no less than thirty(30) days written notice of cancellation or material change. Further modification of the insurance requirements may be made at the sole discretion of the City's Risk Manager if circumstances change or adequate protection of the City is not presented. Bidder,by submitting the bid,agrees to abide by such modifications. PART V PURCHASE ORDER AND CONTRACT TERMS: 5.01 COMPLIANCE TO SPECIFICATIONS,LATE DELIVERIES/PENALTIES: Items offered may be tested for compliance to bid CAM#17-1079 8/11/2017 1:22 PM Exhibit 2 p.23 23 of 34 City of Fort Lauderdale Bid 12006-372 specifications. Items delivered which do not conform to bid specifications may be rejected and returned at Contractor's expense. Any violation resulting in contract termination for cause or delivery of items not conforming to specifications,or late delivery may also result in: Bidders name being removed from the City's bidder's mailing list for a specified period and Bidder will not be recommended for any award during that period. All City Departments being advised to refrain from doing business with the Bidder. All other remedies in law or equity. 5.02 ACCEPTANCE,CONDITION,AND PACKAGING: The material delivered in response to ITB award shall remain the property of the Seller until a physical inspection is made and the material accepted to the satisfaction of the City. The material must comply fully with the terms of the ITB,be of the required quality,new,and the latest model. All containers shall be suitable for storage and shipment by common carrier,and all prices shall include standard commercial packaging. The City will not accept substitutes of any kind. Any substitutes or material not meeting specifications will be returned at the Bidder's expense. Payment will be made only after City receipt and acceptance of materials or services. 5.03 SAFETY STANDARDS: All manufactured items and fabricated assemblies shall comply with applicable requirements of the Occupation Safety and Health Act of 1970 as amended,and be in compliance with Chapter 442,Florida Statutes. Any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this order must be accompanied by a completed Safety Data Sheet(SDS). 5.04 ASBESTOS STATEMENT: All material supplied must be 100%asbestos free. Bidder, by virtue of bidding,certifies that if awarded any portion of the ITB the bidder will supply only material or equipment that is 100%asbestos free. 5.05 OTHER GOVERNMENTAL ENTITIES: If the Bidder is awarded a contract as a result of this ITB,the bidder may, if the bidder has sufficient capacity or quantities available, provide to other governmental agencies,so requesting,the products or services awarded in accordance with the terms and conditions of the ITB and resulting contract. Prices shall be F.O.B. delivered to the requesting agency. 5.06 VERBAL INSTRUCTIONS PROCEDURE: No negotiations,decisions,or actions shall be initiated or executed by the Contractor as a result of any discussions with any City employee. Only those communications which are in writing from an authorized City representative may be considered. Only written communications from Contractors,which are assigned by a person designated as authorized to bind the Contractor,will be recognized by the City as duly authorized expressions on behalf of Contractors. 5.07 INDEPENDENT CONTRACTOR: The Contractor is an independent contractor under this Agreement. Personal services provided by the Proposer shall be by employees of the Contractor and subject to supervision by the Contractor,and not as officers, employees, or agents of the City. Personnel policies,tax responsibilities, social security, health insurance, employee benefits, procurement policies unless otherwise stated in this ITB,and other similar administrative procedures applicable to services rendered under this contract shall be those of the Contractor 5.08 INDEMNITY/HOLD HARMLESS AGREEMENT: The Contractor agrees to protect,defend, indemnify,and hold harmless the City of Fort Lauderdale and its officers,employees and agents from and against any and all losses, penalties,damages, settlements,claims, costs,charges for other expenses, or liabilities of every and any kind including attorney's fees, in connection with or arising directly or indirectly out of the work agreed to or performed by Contractor under the terms of any agreement that may arise due to the bidding process. Without limiting the foregoing,any and all such claims,suits,or other actions relating to personal injury, death, damage to property, defects in materials or workmanship, actual or alleged violations of any applicable Statute, ordinance, administrative order, rule or regulation, or decree of any court shall be included in the indemnity hereunder. 5.09 TERMINATION FOR CAUSE: If,through any cause,the Contractor shall fail to fulfill in a timely and proper manner its obligations under this Agreement,or if the Contractor shall violate any of the provisions of this Agreement,the City may upon written notice to the Contractor terminate the right of the Contractor to proceed under this Agreement,or with such part or parts of the Agreement as to which there has been default,and may hold the Contractor liable for any damages caused to the City by reason of such default and termination. In the event of such termination,any completed services performed by the Contractor under this Agreement shall,at the option of the City,become the City's property and the Contractor shall be entitled to receive equitable compensation for any work completed to the satisfaction of the City. The Contractor,however, shall not be relieved of liability to the City for damages sustained by the City by reason of any breach of the Agreement by the Contractor,and the City may withhold any payments to the Contractor for the purpose of setoff until such time as the amount of damages due to the City from the Contractor can be determined. 5.10 TERMINATION FOR CONVENIENCE: The City reserves the right, in its best interest as determined by the City,to cancel contract by giving written notice to the Contractor thirty(30)days prior to the effective date of such cancellation. 5.11 CANCELLATION FOR UNAPPROPRIATED FUNDS: The obligation of the City for payment to a Contractor is limited to the availability of funds appropriated in a current fiscal period,and continuation of the contract into a subsequent fiscal period is subject to appropriation of funds, unless otherwise authorized by law. 5.12 RECORDS/AUDIT: The Contractor shall maintain during the term of the contract all books of account, reports and records in CAM#17-1079 8/11/2017 1:22 PM Exhibit 2 p.24 24 of 34 City of Fort Lauderdale Bid 12006-372 accordance with generally accepted accounting practices and standards for records directly related to this contract. The Contractor agrees to make available to the City Auditor or designee,during normal business hours and in Broward,Miami- Dade or Palm Beach Counties,all books of account,reports and records relating to this contract should be retained for the duration of the contract and for three years after the final payment under this Agreement, or until all pending audits, investigations or litigation matters relating to the contract are closed,whichever is later. 5.13 PERMITS,TAXES,LICENSES: The successful Contractor shall,at their own expense,obtain all necessary permits,pay all licenses, fees and taxes, required to comply with all local ordinances, state and federal laws, rules and regulations applicable to business to be carried out under this contract. 5.14 LAWSIORDINANCES: The Contractor shall observe and comply with all Federal,state,local and municipal laws,ordinances rules and regulations that would apply to this contract. 5.15 NON-DISCRIMINATION: There shall be no discrimination as to race,sex,color,creed,age or national origin in the operations conducted under this contract. 5.16 UNUSUAL CIRCUMSTANCES: If during a contract term where costs to the City are to remain firm or adjustments are restricted by a percentage or CPI cap, unusual circumstances that could not have been foreseen by either party of the contract occur,and those circumstances significantly affect the Contractor's cost in providing the required prior items or services,then the Contractor may request adjustments to the costs to the City to reflect the changed circumstances. The circumstances must be beyond the control of the Contractor,and the requested adjustments must be fully documented. The City may, after examination, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive,or decreases are considered to be insufficient. In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City,the City will reserve the following options: 1. The contract can be canceled by the City upon giving thirty(30)days written noticg to the Contractor with no penalty to the City or Contractor. The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained in the notice. 2. The City requires the Contractor to continue to provide the items and services at the firm fixed(non-adjusted)cost until the termination of the contract term then in effect. 3. If the City,in its interest and in its sole opinion,determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve them of a legitimate obligation under the contract,and no unusual circumstances had occurred,the City reserves the right to take any and all action under law or equity. Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying him for receiving any business from the City for a stated period of time. If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters. 5.17 ELIGIBILITY: If applicable,the Contractor must first register with the Department of State of the State of Florida, in accordance with Florida State Statutes,prior to entering into a contract with the City. 5.18 PATENTS AND ROYALTIES: The Contractor, without exception, shall indemnify and save harmless the City and its employees from liability of any nature and kind,including cost and expenses for or on account of any copyrighted,patented or un-patented invention,process,or article manufactured or used in the performance of the contract,including its use by the City. If the Contractor uses any design,device,or materials covered by letters,patent or copyright,it is mutually agreed and understood without exception that the bid prices shall include all royalties or costs arising from the use of such design, device,or materials in any way involved in the work. 5.19 ASSIGNMENT: Contractor shall not transfer or assign the performance required by this ITB without the prior written consent of the City. Any award issued pursuant to this ITB,and the monies,which may become due hereunder,are not assignable except with the prior written approval of the City Commission or the City Manager or City Manager's designee,depending on original award approval. 5.20 LITIGATION VENUE: The parties waive the privilege of venue and agree that all litigation between them in the state courts shall take place in Broward County,Florida and that all litigation between them in the federal courts shall take place in the Southern District in and for the State of Florida. 5.21 LOCATION OF UNDERGROUND FACILITIES: If the Contractor,for the purpose of responding to this solicitation, requests the location of underground facilities through the Sunshine State One-Call of Florida, Inc.notification system or through any person or entity providing a facility locating service,and underground facilities are marked with paint,stakes or other markings within the City pursuant to such a request,then the Contractor,shall be deemed non-responsive to this solicitation in accordance with Section 2-184(5)of the City of Fort Lauderdale Code of Ordinances. CAM#17-1079 8/11/2017 1:22 PM Exhibit p.25 25 of 34 City of Fort Lauderdale Bid 12006-372 5.22 PUBLIC RECORDS 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 : ( 954 -828-5002, PRRCONTRACT@FORTLAUDERDALE.GOV, CITY CLERK'S OFFICE, 100 NORTH ANDREWS AVENUE, FORT LAUDERDALE, FLORIDA 33301) Contractor shall: 1. Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service. 2. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes (2016), as may be amended or revised, or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of this contract if the Contractor does not transfer the records to the City. 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 this 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 this 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. CAM#17-1079 8/11/2017 1:22 PM Exhibit 2 p.26 26 of 34 City of Fort Lauderdale Bid 12006-372 NON-COLLUSION STATEMENT: By signing this offer, the vendor/contractor certifies that this offer is made independently and free from collusion. Vendor shall disclose below any City of Fort Lauderdale, FL officer or employee, or any relative of any such officer or employee who is an officer or director of, or has a material interest in, the vendor's business, who is in a position to influence this procurement. Any City of Fort Lauderdale, FL officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for purposes hereof, to be in a position to influence this procurement. For purposes hereof, a person has a material interest if they directly or indirectly own more than 5 percent of the total assets or capital stock of any business entity, or if they otherwise stand to personally gain if the contract is awarded to this vendor. In accordance with City of Fort Lauderdale, FL Policy and Standards Manual, 6.10.8.3, 3.3. City employees may not contract with the City through any corporation or business entity in which they or their immediate family members hold a controlling financial interest (e.g. ownership of five (5) percent or more). 3.4. Immediate family members (spouse, parents and children) are also prohibited from contracting with the City subject to the same general rules. Failure of a vendor to disclose any relationship described herein shall be reason for debarment in accordance with the provisions of the City Procurement Code. NAME RELATIONSHIPS In the event the vendor does not indicate any names, the City shall interpret this to mean that the vendor has indicated that no such relationships exist. CAM#17-1079 8/11/2017 1.22 PM Exhibit p.27 27 of 34 City of Fort Lauderdale Bid 12006-372 CONTRACT PAYMENT METHOD BY P-CARD THIS FORM MUST BY SUBMITTED WITH YOUR RESPONSE The City of Fort Lauderdale has implemented a Procurement Card (P-Card) program which changes how payments are remitted to its vendors. The City has transitioned from traditional paper checks to payment by credit card via MasterCard or Visa. This allows you as a vendor of the City of Fort Lauderdale to receive your payment fast and safely. No more waiting for checks to be printed and mailed. Payments will be made utilizing the City's P-Card (MasterCard or Visa). Accordingly, firms must presently have the ability to accept credit card payment or take whatever steps necessary to implement acceptance of a credit card before the commencement of a contract. Please indicate which credit card payment you prefer: ❑ MasterCard ❑ Visa Card Company Name: Name (Printed) Signature Date: Title CAM#17-1079 8/1 11201 7 1 22 PM Exhibit 2 p.28 28 of 34 City of Fort Lauderdale Bid 12006-372 QUESTIONNAIRE SHEET PLEASE PRINT OR TYPE: Firm Name: President Business Address: Telephone: Fax: E-Mail Address: What was the last project of this nature which you completed? J The following are named as three corporations and representatives of those corporations for which you have performed work and which the City may contact as your references (include addresses, e- mail and telephone numbers): How many years has your organization been in business? Have you ever failed to complete work awarded to you; if so, where and why? Zi The name of the qualifying agent for the firm and his position is: Certificate of Competency Number of Qualifying Agent: Effective Date: Expiration Date: Licensed in: I Contractor's License/Certification# (County/State) Expiration Date: CAM#17-1079 8/11/2017 1:22 PM Exhibit 2 p.29 29 of 34 City of Fort Lauderdale Bid 12006-372 NOTE: Contractor must have proper licensing prior to submitting bid and must submit evidence of same with bid. To be considered for award of this contract, the bidder must submit a financial statement upon request. QUESTIONNAIRE SHEET 1. Have you personally inspected the proposed work and have you a complete plan for its performance? 2. Will you sublet any part of this work? If so, list the portions or specialties of the work that you will. a) mm b) c) d) e) fl g) 3. What equipment do you own that is available for the work? 4. What equipment will you purchase for the proposed work? i J 5. What equipment will you rent for the proposed work? CAM#17-1079 8/11/2017 122 PM Exhibit 2 p.30 30 of 34 City of Fort Lauderdale Bid 12006-372 J CAM#17-1079 8/11/2017 1:22 PM Exhibit 2 p.31 31 of 34 City of Fort Lauderdale Bid 12006-372 BID/PROPOSAL CERTIFICATION Please Note: If responding to this solicitation through BidSync, the electronic version of the bid response will prevail, unless a paper version is clearly marked by the bidder in some manner to indicate that it will supplant the electronic version. All fields below must be completed. If the field does not apply to you, please note N/A in that field. If you are a foreign corporation, you may be required to obtain a certificate of authority from the department of state, in accordance with Florida Statute§607.1501 (visit http://www.dos.state.fl.us/). Company: (Legal Registration) Address: City: I State: Zip: Telephone No. FAX No. I Email: Delivery: Calendar days after receipt of Purchase Order (section 1.02 of General Conditions): Total Bid Discount (section 1.05 of General Conditions): I Does your firm qualify for MBE or WBE status (section 1.09 of General Conditions): MBE ❑WBE ❑ ADDENDUM ACKNOWLEDGEMENT - Proposer acknowledges that the following addenda have been received and are included in the proposal.- Addendum No. Date Issued Addendum No. Date Issued Addendum No. Date Issued VARIANCES: If you take exception or have variances to any term, condition, specification, scope of service, or requirement in this competitive solicitation you must specify such exception or variance in the space provided below or reference in the space provided below all variances contained on other pages within your response. Additional pages may be attached if necessary. No exceptions or variances will be deemed to be part of the response submitted unless such is listed and contained in the space provided below. The City does not, by virtue of submitting a variance, necessarily accept any variances. If no statement is contained in the below space, it is hereby implied that your response is in full compliance with this competitive solicitation. If you do not have variances, simply mark N/A. If submitting your response electronically through BIDSYNC you must also click the "Take Exception" button. J CAM#17-1079 8/11/2017 1:22 PM Exhibit 2 p.32 32 of 34 City of Fort Lauderdale Bid 12006-372 The below signatory hereby agrees to furnish the following article(s) or services at the price(s) and terms stated subject to all instructions, conditions, specifications addenda, legal advertisement, and conditions contained in the bid/proposal. I have read all attachments including the specifications and fully understand what is required. By submitting this signed proposal I will accept a contract if approved by the City and such acceptance covers all terms, conditions, and specifications of this bid/proposal. The below signatory also hereby agrees, by virtue of submitting or attempting to submit a response, that in no event shall the City's liability for respondent's direct, indirect, incidental, consequential, special or exemplary damages, expenses, or lost profits arising out of this competitive solicitation process, including but not limited to public advertisement, bid conferences, site visits, evaluations, oral presentations, or award proceedings exceed the amount of Five Hundred Dollars($500.00).This limitation shall not apply to claims arising under any provision of indemnification or the City's protest ordinance contained in this competitive solicitation. Submitted by: Name (printed) Signature Date: Title CAM#17-1079 8/11/2017 1.22 PM Exhibit 2 p.33 33 of 34 City of Fort Lauderdale Bid 12006-372 Question and Answers for Bid #12006-372 - Sodium Hypochlorite (CO-OP) Overall : . Questions Question 1 Who is your current supplier(s)&what is your pricing?May we have a copy of the previous bid tab. (Submitted: Jul 24,2017 9:26:23 AM EDT) Answer -Odyssey Manufacturing Co. Please refer to our website:http://www.fortlauderdale.gov/departments/finance/procurement- services/contract-documents-and-awards for information concerning pricing and contract details (Answered: Jul 31,2017 11:35:14 AM EDT) Question 2 1 don't see a deadline date in the actual bid document. Please confirm due date and time (Submitted: Jul 25, 2017 3:00:20 PM EDT) Answer - Bid ends August 11th 2017 at 2 pm (Answered: Jul 31,2017 11:35:14 AM EDT) CAM#17-1079 8/11/2017 1:22 PM Exhibit 2 p.34 34 of 34