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HomeMy WebLinkAboutR-2024-102 Allied Universal Corp Sodium Hypochlorite PiggybackRESOLUTION NO. 2024- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE EXPENDITURE OF CONTINGENCY FUNDS IN THE AMOUNT OF FORTY FIVE THOUSAND ($45,000.00) FOR THE PURCHASE OF SODIUM HYPOCHLORITE CHEMICALS FROM ALLIED UNIVERSAL CORPORATION FOR THE WATER TREATMENT PLANT, UNDER THE SOUTHEAST FLORIDA GOVERNMENT PURCHASING COOPERATIVE GROUP CONTRACT BID NO. EVENT 139, AND TO EXCEED THE ANNUAL SINGLE VENDOR PURCHASING POLICY OF FIFTY THOUSAND DOLLARS ($50,000.00) FOR EACH YEAR THE CONTRACT IS IN PLACE, 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 Fifty Thousand Dollars ($50,000.00) for a vendor each fiscal year that the contract is valid; and WHEREAS, the Public Services Department utilizes Allied Universal Corporation under the Southeast Florida Government Co-op Contract Bid No. 139 for the purchase of sodium hypochlorite for the treatment of drinking water; 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 Allied Universal Corporation under an existing Co-op Agreement with the Southeast Florida Government Purchasing Cooperative Group Contract Bid No. Event 139 with an initial expiration term from September 1, 2023, to August 31, 2025, with two (2) one (1) year renewal options to be valid each year that the contract is in place, copies are attached as composite Exhibit "A'; and WHEREAS, the cost of sodium hypochlorite has increased from $0.78 per gallon to $1.57 per gallon requiring additional funding in the amount of $45,000 and PSD is requesting approval of a budget amendment to utilize Water Fund Contingency to cover this additional cost. 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 Allied Universal Corporation under the existing Co-op Agreement with the Southeast Florida Government Purchasing Cooperative Group, a copy of which is attached as Exhibit A, exceeding the annual vendor threshold of Fifty Thousand Dollars ($50,000.00) for the term of the contract. Section 3. That funding in the amount of $45,000 shall be transferred from the Water Utility Admin Contingency Fund Account No. 401-33-01-533-99-10 to the Water Treatment Plant Chemical Account No. 401-33-03-533-52-40. 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 be effective 10 days after passage. PASSED AND ADOPTED on i 2024. Motion by(�, d 1A i 31 a t `� ` ,second by # t t a "( 6• FINAL VOTE ON ADOPTION: Unanimous Commissioner Joyce L. Davis Commissioner Tamara James Commissioner Marco Salvino Vice Mayor Lori Lewellen Mayor Archibald J. Ryan IV Yes No 2 RESOLUTION#2024- 1 ATTEST: ELORA RIE M �geUsti CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: J� EVE/ UTSIS CITY ATTORNEY RESOLUTION #2024-' Southeast Florida Governmental Purchasing Cooperative Group Please complete each of the applicable boxes and submit with bid documents, award notices and tabulations to Ipiper@myboca.us for placement on the NIGP SEFL website Cooperative contract page. BID/RFP No. Event 139 Description/Title: Sodium Hypochlorite (Co -Op) Initial Contract Term: Start Date: 9/1/2023 End Date: 8/31/2025 Renewal Terms of the Contract: Two (2) Renewal Options for One (1)year (No. of Renewals) (Period of Time) Renewal No. Start Date: Renewal No. Start Date: Renewal No. Start Date: SECTION#1 VENDORAWARD Vendor Name: Allied Universal Corp Vendor Address: 3901 NW 115th Ave Miami, FL 33178 Contact: Phone: Cell/Pager: Website: Cristhianne Mungia 305-888-2623 ext 0125 Fax: End Date: End Date: End Date: Email Address: CristhianneM@allieduniversal.com FEIN: SECTION #2 AWARD/BACKGROUND INFORMATION Award Date: 8/22/2023 Resolution/Agenda Item No.: CAM# 26-0653 Insurance Required: Yes Y No Performance Bond Required: Yes N/a No SECTION #3 Agency Name: Agency Address: Agency Contact: Telephone: LEAD AGENCY City Of Fort Lauderdale 100 N Andrews Ave, Fort Lauderdale, FL 33301 Stefan Mohammed Email smohammed@fortlauderdale.gov 954-326-6378 Fax: COMMODITIES CONTRACT AWARD CITY OF FORT LAUDERDALE PROCUREMENT SERVICES DIVISION Contract Name Sodium Hypochlorite (Co -Op) Contract No. Initial Period Covered Event No. 497 9/1 /2023 — 8/31 /2025 139 Awarded Vendor: Terms: Allied Universal Corp. 3901 NW 1151h Ave Miami, FL 33178 P-Card Accepted? Yes Attn: Cristhianne Mungia Tel: 305-888-2623 ext 0125 Email: CristhianneM@allieduniversal.com Insurance Coverage Required: Yes Authorized Purchases: $499,800 Approved by City Commission: CAM 23-0653 Extension Options: Yes City 2 / 1 -Yr Extensions ITEMS: Sodium Hypochlorite (Tanker load) .................................................. $1.47 per gallon Sodium Hypochlorite (Less than tanker load) .................. ............ $1.57 per gallon Department Contract Coordinator: Mary Ann Walder (Johnston), 954-828-7843 Procurement Specialist: Stefan Mohammed, 954-326-6378 Approved by Commission CAM 23-0653 on 8/22/2023 Event # 139-0 Name: Sodium Hypochlorite (Co -Op) Description: The City of Fort Lauderdale, Florida (City) is seeking bids from qualified, experienced, and licensed firm(s), hereinafter referred to as the Contractor or Bidder, to provide Sodium hypochlorite for the City, in accordance with the terms, conditions, and specifications contained in this Invitation to Bid (IFB). This is a cooperative IFB issued by the City of Fort Lauderdale on behalf of the Southeast Florida Governmental Cooperative Purchasing Group. This is an initial two (2) year contract with two, one (1) year renewal terms. Buyer: Mohammed, Stefan Status: Pending Award Event Type: IFB Currency: LSD Sealed Bid: Yes Respond To All Lines: No Q & A Allowed: Yes Number Of Amendments: 0 Display Bid Tabulation: Display When Event Closed For Bidding Or Canceled Event Dates Question Preview: Open: 06/22/2023 03:00:00 PM Close: 07/06/2023 02:00:00 PM Questions Q & A Open: 06/22/2023 04:00:00 PM Q & A Close: 07/05/2023 05:00:00 PM Dispute Close: Response Type Attachment Did you complete all the required forms? Yes No Text Event 139- Sodium hypochlorite questions.pdf Name 1. General Conditions - Rev 10-2022.pdf Event 139- Sodium Hypochlorite.pdf Attachments Attachment 1. General Conditions - Rev 10-2022.pdf Event 139- Sodium Hypochlorite.pdf July 11, 2023 9:49:59 AM EDT Page 1 CAM 23-0653 Exhibit 1 Page 1 of 28 Event # 139-0: Sodium Hypochlorite (Co -Op) Name Stefan Mohammed Commodity Code 190-68 505-25 885-84 Contacts Email Address SMohammed@fortlauderdale.gov Commodity Codes Description Oxidizing and Bleaching Agents Chlorine and Peroxygen Bleaches Sodium Hydroxide Line Details Line l: Sodium hypochlorite- Tanker Load Description: Sodium hypochlorite-Tanker Load Sodium hypochlorite-Tanker Load Long Item City of Fort Lauderdale anticipated usage: 340,000 gallons over 2 years. Description: Based on past usage, the co-op anticipates usage of 9,214,000 gallons for the two year contract. However past usage is not indicative of future usage. Commodity 885-84 Sodium Hydroxide Code: Quantity: 340,000.0000 Unit of GA Measure: Require No Price Breaks No Allow Alternate No Response: Allowed: Responses: Add On No Charges Allowed: Line 2: Sodium hypochlorite- Less than tanker load July 11, 2023 9:49:59 AM EDT Page 2 CAM 23-0653 Exhibit 1 Page 2 of 28 Event # 139-0: Sodium Hypochlorite (Co -Op) Description: Sodium hypochlorite- Less than tanker load Sodium hypochlorite- Less than tanker load Long Item Based on past usage, the Co-op anticipates usage of 356,000 gallons for a two year term, however past usage is Description: not indicative of future usage. Commodity 190-68 Code: Quantity: 1.0000 Require No Response: Add On No Charges Allowed: Oxidizing and Bleaching Agents Unit of GA Measure: Price Breaks No Allowed: Allow Alternate No Responses: July 11, 2023 9:49:59 AM EDT Page 3 CAM 23-0653 Exhibit 1 Page 3 of 28 City of Fort Lauderdale Sodium Hypochlorite (Co -Op) IFB# Event 139 SECTION I — INTRODUCTION AND INFORMATION 1.1 Purpose The City of Fort Lauderdale, Florida (City) is seeking bids from qualified, experienced, and licensed firm(s), hereinafter referred to as the Contractor or Bidder, to provide Sodium hypochlorite for the City, in accordance with the terms, conditions, and specifications contained in this Invitation to Bid (IFB). This is a cooperative IFB issued by the City of Fort Lauderdale on behalf of the Southeast Florida Governmental Cooperative Purchasing Group and the participating agencies referenced below. 1.2 Point of Contact For information concerning procedures for responding to this solicitation, contact Procurement Specialist, Stefan Mohammed, at (954) 828-5351or email at Smohammed(a)_fortlauderdale.gov. Such contact shall be for clarification purposes only. For information concerning technical specifications, please utilize the question / answer feature provided by the City's on-line strategic sourcing platform. Questions of a material nature must be received prior to the cut-off date specified in the ITB schedule. Material changes, if any, to the scope of services or bidding procedures will only be transmitted by written addendum. Bidders 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 Bidder 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 the City's on- line strategic sourcing platform shall become part of any contract that is created from this ITB. 1.3 Pre -bid Conference and/or Site Visit There will not be a pre -bid conference or site visit for this ITB. It will be the sole responsibility of the Bidder to become familiar with the scope of the City's requirements and systems prior to submitting a bid. 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 Bidder has familiarized themselves with the nature and extent of the work, equipment, materials, and labor required. 1.4 CITY'S ON-LINE STRATEGIC SOURCING PLATFORM The City of Fort Lauderdale uses its own on-line strategic sourcing platform to administer the competitive solicitation process, including but not limited to soliciting bids, issuing addenda, posting results, and issuing notification of an intended decision. There is no charge to register and download the ITB from the City's on-line strategic sourcing platform. Bidders are strongly encouraged to read the supplier tutorials available in the City's on-line strategic sourcing platform well in advance of their intention of submitting a bid to ensure familiarity with the use of the City's on-line strategic sourcing platform. The City shall not be responsible for a Bidder's inability to submit a Bid by the end date and time for any reason, including issues arising from the use of the City's on-line strategic sourcing platform. It is the sole responsibility of the Bidder to ensure that their bid is submitted electronically through the City's on-line strategic sourcing platform no later than the time and date specified in Version 11-2022 CAM 23-0653 Exhibit 1 Page 4 of 28 this solicitation. PAPER BID SUBMITTALS WILL NOT BE ACCEPTED. BIDS MUST BE SUBMITTED ELECTRONICALLY VIA the City's on-line strategic sourcing platform. IN THE EVENT OF ANY CONFLICT OR DISCREPANCY BETWEEN BID/PROPOSAL PRICE(S) SUBMITTED BY BIDDER/PROPOSER ELECTRONICALLY INTO THE CITY'S ON-LINE STRATEGIC SOURCING PLATFORM UNIT PRICE FIELD(S), ANY OTHER FORMS OR ATTACHMENTS (WHETHER PART OF THE CITY'S SOLICITATION DOCUMENTS OR DOCUMENTS CREATED AND UPLOADED BY THE BIDDER/PROPOSER), OR ANOTHER SECTION/FIELD OF THE SYSTEM, THE ONLINE UNIT PRICE(S) INPUTTED ELECTRONICALLY INTO THE SYSTEM BY BIDDER/PROPOSER SHALL GOVERN. 1.5 Electronic Bid Openings Please be advised that effective immediately, and until further notice, all Invitation to Bids, Request for Proposals, Request for Qualifications, and other solicitations led by the City of Fort Lauderdale will be opened electronically via the Citv's on-line strategic sourcing platform at the date and time indicated on the solicitation. All openings will be held on the City's on-line strategic sourcing platform. Anyone requesting assistance or having further inquiry in this matter must contact the Procurement Specialist indicated on the solicitation, via the Question -and -Answer forum on the City's on-line strategic sourcing platform before the Last Day for Questions indicated in the Solicitation. END OF SECTION Version 11/2022 CAM 23-0653 Exhibit 1 Page 5 of 28 SECTION II - SPECIAL TERMS AND CONDITIONS 2.1 General Conditions ITB General Conditions (Form G-107, Rev. 09/22) are included and made a part of this ITB. 2.2 Addenda, Changes, and Interpretations It is the sole responsibility of each firm to notify the Procurement Specialist utilizing the question / answer feature provided by the City's on-line strategic sourcing platform and request modification or clarification of any ambiguity, conflict, discrepancy, omission, or other error discovered in this competitive solicitation. Requests for clarification, modification, interpretation, or changes must be received prior to the Question and Answer (Q & A) Deadline. Requests received after this date may not be addressed. Questions and requests for information that would not materially affect the scope of services to be performed or the solicitation process will be answered within the question / answer feature provided by the City's on-line strategic sourcing platform and shall be for clarification purposes only. Material changes, if any, to the scope of services or the solicitation process will only be transmitted by official written addendum issued by the City and uploaded to the City's on-line strategic sourcing platform as a separate addendum to the ITB. Under no circumstances shall an oral explanation given by any City official, officer, staff, or agent be binding upon the City and should be disregarded. All addenda are a part of the competitive solicitation documents, and each firm will be bound by such addenda. It is the responsibility of each to read and comprehend all addenda issued. 2.3 Changes and Alterations Bidder may change or withdraw a Bid at any time prior to Bid submission deadline; however, no oral modifications will be allowed. Modifications shall not be allowed following the Bid deadline. 2.4 Bidder's Costs The City shall not be liable for any costs incurred by Bidders in responding to this ITB. 2.5 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. Each participating agency may have special delivery instructions that they shall address on an individual basis. 2.6 Price Validity Prices provided in this Invitation to bid (ITB) shall be valid for at least One -Hundred and Twenty (120) days from time of ITB opening unless otherwise extended and agreed upon by the City and Bidder. 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. Version 11/2022 CAM 23-0653 Exhibit 1 Page 6 or 28 2.7 Invoices/Payment Payment terms 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, in accordance with the Florida Local Government Prompt Payment Act. Bidder may offer cash discounts for prompt payment, but they will not be considered in determination of award. 2.8 Related Expenses/Travel Expenses All costs including travel are to be included in your bid. The City will not accept any additional costs. 2.9 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. 2.10 Mistakes The Bidder shall examine this ITB carefully. The submission of a bid shall be prima facie evidence that the Bidder has full knowledge of the scope, nature, and quality of the work to be performed; the detailed requirements of the specifications; and the conditions under which the work is to be performed. Ignorance of the requirements will not relieve the Bidder from liability and obligations under the Contract. 2.11 Acceptance of Bids / Minor Irregularities 2.11.1 The City reserves the right to accept or reject any or all bids, part of bids, and to waive minor irregularities or variances to specifications contained in bids which do not make the bid conditional in nature and minor irregularities in the solicitation process. A minor irregularity shall be a variation from the solicitation that does not affect the price of the contract or does not give a bidder an advantage or benefit not enjoyed by other bidders, does not adversely impact the interests of other firms, or does not affect the fundamental fairness of the solicitation process. The City also reserves the right to reissue an ITB. 2.11.2 The City reserves the right to disqualify Bidder during any phase of the competitive solicitation process and terminate for cause any resulting contract upon evidence of collusion with intent to defraud or other illegal practices on the part of the Bidder. 2.12 Modification of Services 2.12.1 While this contract is for services provided to the department referenced in this ITB, the City may require similar work for other City departments. Successful Bidder agrees to take on such work unless such work would not be considered reasonable or become an undue burden to the Successful Bidder. 2.12.2 The City reserves the right to delete any portion of the work 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 and approved by the City on any portion of a contract resulting from this ITB, the Successful Bidder shall be paid for the work Version 11/2022 CAM 23-0653 Exhibit 1 Page 7 of 28 completed on the basis of the estimated percentage of completion of such portion to the total project cost. 2.12.3 The City may require additional items or services of a similar nature, but not specifically listed in the contract. The Successful Bidder 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 Successful Bidder thirty (30) days written notice. 2.12.4 If the Successful Bidder and the City agree on modifications or revisions to the task elements, after the City has approved work to begin on a particular task or project, and a budget has been established for that task or project, the Successful Bidder will submit a revised budget to the City for approval prior to proceeding with the work. 2.13 Non -Exclusive Contract Bidder 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. 2.14 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: https://www,forflauderdale.gov/home/showdocument?id=1212 2.15 Responsiveness In order to be considered responsive to the solicitation, the firm's bid shall fully conform in all material respects to the solicitation and all of its requirements, including all form and substance. 2.16 Responsibility In order to be considered as a responsible firm, firm shall be fully capable to meet all of the requirements of the solicitation and subsequent contract, must possess the full capability, including financial and technical, to perform as contractually required, and must be able to fully document the ability to provide good faith performance. 2.17 Minimum Qualifications To be eligible for award of a contract in response to this solicitation, the Bidder must 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 Bidder must have no conflict of interest with regard to any other work performed by the Bidder for the City of Fort Lauderdale. 2.17.1 Firm or principals shall have no record of judgments, pending lawsuits against the City or criminal activities involving moral turpitude and not have any conflicts of interest that have not been waived by the City Commission. 2.17.2 Neither firm nor any principal, officer, or stockholder shall be in arrears or in default of any debt or contract involving the City, (as a party to a contract, or otherwise); nor have failed to perform faithfully on any previous contract with the City. Version 1112022 CAM 23-0653 Exhibit 1 Page 8 of 28 2.18 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-11-42 & Resolution No. 07-101, Lobbying Activities. Copies of Ordinance No. C-11-42 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/home/showdocument?id=6036. 2.19 Local Business Preference — N/A 2.20 Disadvantaged Business Enterprise Preference — N/A 2.21 Protest Procedure 2.21.1 Any 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 follow the protest procedure as found in the city's procurement ordinance within five (5) days after a notice of intent to award is posted on the city's web site at the following link. https://www.fortlauderdale.goy/government/departments-a-h/finance/procurement- services/notices-of-intent-to-award 2.21.2 The complete protest ordinance may be found on the city's web site at the following link: 2.22 Public Entity Crimes Bidder, by submitting a bid, certifies that neither the Bidder nor any of the Bidder's principals has been placed on the convicted vendor list as defined in Section 287.133, Florida Statutes (2018), as may be amended or revised. 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, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies 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 s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 2.23 Subcontractors 2.23.1 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/proposal 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. 2.23.2 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 Version 1112022 CAM 23-0653 Exhibit 1 Page 9 of 28 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. 2.23.3 Contractor shall require all its subcontractors to provide the required insurance coverage as well as any other coverage that the contractor may consider necessary, and any deficiency in the coverage or policy limits of said subcontractors will be the sole responsibility of the contractor. 2.24 Bid Security — N/A 2.25 Payment and Performance Bond — N/A 2.26 Insurance Requirements 2.26.1 As a condition precedent to the effectiveness of this Agreement, during the term of this Agreement and during any renewal or extension term of this Agreement, the Contractor, at its sole expense, shall provide insurance of such types and with such terms and limits as noted below. Providing proof of and maintaining adequate insurance coverage are material obligations of the Contractor. The Contractor shall provide the City a certificate of insurance evidencing such coverage. The Contractor's insurance coverage shall be primary insurance for all applicable policies. The limits of coverage under each policy maintained by the Contractor shall not be interpreted as limiting the Contractor's liability and obligations under this Agreement. All insurance policies shall be through insurers authorized or eligible to write policies in the State of Florida and possess an A.M. Best rating of A-, VII or better, subject to approval by the City's Risk Manager. 2.26.2 The coverages, limits, and endorsements required herein protect the interests of the City, and these coverages, limits, and/or endorsements shall in no way be relied upon by the Contractor for assessing the extent or determining appropriate types and limits of coverage to protect the Contractor against any loss exposures, whether as a result of this Agreement or otherwise. The requirements contained herein, as well as the City's review or acknowledgement, are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Contractor under this Agreement. 2.26.3 The following insurance policies and coverages are required Commercial General Liability Coverage must be afforded under a Commercial General Liability policy with limits not less than: • $1,000,000 each occurrence and $2,000,000 aggregate for Bodily Injury, Property Damage, and Personal and Advertising Injury • $1,000,000 each occurrence and $2,000,000 aggregate for Products and Completed Operations Policy must include coverage for contractual liability and independent contractors. The City, a Florida municipal corporation, its officials, employees, and volunteers are to be covered as an additional insured with a CG 20 26 04 13 Additional Insured — Designated Person or Organization Endorsement or similar endorsement providing equal or broader Additional Insured Coverage with respect to liability arising out of activities performed by or on behalf of the Contractor. The coverage shall contain no special limitation on the scope of protection afforded to the City, its officials, employees, and volunteers. Version 1112022 CAM 23-0653 Exhibit 1 Page 10 of 28 Business Automobile Liabilitv Coverage must be afforded for all Owned, Hired, Scheduled, and Non -Owned vehicles for Bodily Injury and Property Damage in an amount not less than $1,000,000 combined single limit each accident. If the Contractor does not own vehicles, the Contractor shall maintain coverage for Hired and Non -Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. Workers' Compensation and Employer's Liability Coverage must be afforded per Chapter 440, Florida Statutes. Any person or entity performing work for or on behalf of the City must provide Workers' Compensation insurance. Exceptions and exemptions will be allowed by the City's Risk Manager, if they are in accordance with Florida Statute. The Contractor waives, and the Contractor shall ensure that the Contractor's insurance carrier waives, all subrogation rights against the City, its officials, employees, and volunteers for all losses or damages. The City requires the policy to be endorsed with WC 00 03 13 Waiver of our Right to Recover from Others or equivalent. The Contractor must be in compliance with all applicable State and federal workers' compensation laws, including the U.S. Longshore Harbor Workers' Act and the Jones Act, if applicable. 2.26.4 Insurance Certificate Requirements a. The Contractor shall provide the City with valid Certificates of Insurance (binders are unacceptable) no later than ten (10) days prior to the start of work contemplated in this Agreement. b. The Contractor shall provide to the City a Certificate of Insurance having a thirty (30) day notice of cancellation; ten (10) days' notice if cancellation is for nonpayment of premium. c. In the event that the insurer is unable to accommodate the cancellation notice requirement, 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 certificate holder. d. In the event the Agreement term or any surviving obligation of the Contractor following expiration or early termination of the Agreement goes beyond the expiration date of the insurance policy, the Contractor shall provide the City with an updated Certificate of Insurance no later than ten (10) days prior to the expiration of the insurance currently in effect. The City reserves the right to suspend the Agreement until this requirement is met. e. The Certificate of Insurance shall indicate whether coverage is provided under a claims -made or occurrence form. If any coverage is provided on a claims -made form, the Certificate of Insurance must show a retroactive date, which shall be the effective date of the initial contract or prior. f. The City shall be named as an Additional Insured on all liability policies, with the exception of Workers' Compensation. g. The City shall be granted a Waiver of Subrogation on the Contractor's Workers' Compensation insurance policy. h. The title of the Agreement, Bid/Proposal/Contract number, event dates, or other identifying reference must be listed on the Certificate of Insurance. Version 11/2022 CAM 23-0653 Exhibit 1 Page 11 of 28 The Certificate Holder should read as follows: City of Fort Lauderdale Procurement Services Division 100 N. Andrews Avenue, Suite 619 Fort Lauderdale, FL 33301 2.26.5 The Contractor has the sole responsibility for all insurance premiums and shall be fully and solely responsible for any costs or expenses as a result of a coverage deductible, co- insurance penalty, or self -insured retention; including any loss not covered because of the operation of such deductible, co-insurance penalty, self -insured retention, or coverage exclusion or limitation. Any costs for adding the City as an Additional Insured shall be at the Contractor's expense. 2.26.6 If the Contractor's primary insurance policy/policies do not meet the minimum requirements, as set forth in this Agreement, the Contractor may provide evidence of an Umbrella/Excess insurance policy to comply with this requirement. 2.26.7 The Contractor's insurance coverage shall be primary insurance as respects to the City, a Florida municipal corporation, its officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, a Florida municipal corporation, its officials, employees, or volunteers shall be non-contributory. 2.26.8 Any exclusion or provision in any insurance policy maintained by the Contractor that excludes coverage required in this Agreement shall be deemed unacceptable and shall be considered breach of contract. 2.26.9 All required insurance policies must be maintained until the contract work has been accepted by the City, or until this Agreement is terminated, whichever is later. Any lapse in coverage shall be considered breach of contract. In addition, Contractor must provide to the City confirmation of coverage renewal via an updated certificate should any policies expire prior to the expiration of this Agreement. The City reserves the right to review, at any time, coverage forms and limits of Contractor's insurance policies. 2.26.10 The Contractor shall provide notice of any and all claims, accidents, and any other occurrences associated with this Agreement shall be provided to the Contractor's insurance company or companies and the City's Risk Management office as soon as practical. 2.26.11 It is the Contractor's responsibility to ensure that any and all of the Contractor's independent contractors and subcontractors comply with these insurance requirements. All coverages for independent contractors and subcontractors shall be subject to all of the applicable requirements stated herein. Any and all deficiencies are the responsibility of the Contractor. Version 1112022 SPECIALIZED COVERAGES Pollution and Remediation Legal Liability (Hazardous Materials) For the purpose of this section, the term "hazardous materials" includes all materials and substances that are designated or defined as hazardous by Florida or federal law or by the rules or regulations of Florida or any federal agency. If work being performed involves hazardous materials, the Contractor shall procure and maintain any or all of the following coverage, which will be specifically addressed upon review of exposure. CAM 23-0653 Exhibit 1 Page 12 of 28 Contractors Pollution Liability Coverage For sudden and gradual occurrences and in an amount not less than $1,000,000 per claim arising out of this Agreement, including but not limited to, all hazardous materials identified under the Agreement. Hazardous Waste Transportation Coverage The Contractor shall designate the hauler and furnish a Certificate of Insurance from the hauler for Automobile Liability insurance with Endorsement MCS90 for liability arising out of the transportation of hazardous materials in an amount not less than $1,000,000 per claim limit and provide a valid EPA identification number. 2.27 Insurance — Sub -Contractors Contractor shall require all 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. 2.28 Insurance for Collection of Credit Card Payments The successful Contractor will need to provide proof that they maintain insurance coverage in an amount of not less than $1,000,000 specifically for cyber related crimes relating to the transmission of credit card information over their website that can include but are not limited to criminal activity involving the information technology infrastructure, including illegal access (unauthorized access), illegal interception (by technical means of non-public transmissions of computer data to, from or within a computer system), data interference (unauthorized damaging, deletion, deterioration, alteration or suppression of computer data), systems interference (interfering with the functioning of a computer system by inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing computer data), misuse of devices, forgery (ID theft), and electronic fraud. 2.29 Award of Contract 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. A Contract (the "Agreement") may be awarded by the City Commission. The City reserves the right to execute or not execute, as applicable, a contract with the Bidder(s) that is determined to be in the City's best interests. The City reserves the right to award a contract to more than one Bidder, at the sole and absolute discretion of the in the City. 2.30 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. 2.31 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 Version 11/2022 CAM 23-0653 Exhibit 1 Page 13 of 28 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. 2.32 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 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: 2.32.1 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; 2.32.2 The excuse of performance is of no greater scope and of no longer duration than is required by the Force Majeure; 2.32.3 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 2.32.4 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. 2.33 Canadian Companies 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. All monetary amounts set forth in this Contract are in United States dollars. 2.34 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. 2.35 Approved Equal or Alternative Product Bids — N/A Manufacturer/Brand/Model Specific Request This is a manufacturer/brand/model specification. No substitutions will be allowed. 2.36 Contract Period The initial contract term shall commence upon the 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. Version 11/2022 CAM 23-0653 Exhibit 1 Page 14 of 28 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 270 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. 2.37 COST ADJUSTMENTS (Fixed Price with Economic Price Adjustment: Escalator/De- escalator)- The prices offered shall be firm and fixed price for the initial contract term of two years. The City, at its sole discretion, may conduct industry or market research to determine whether economic/market conditions support an increase or decrease price adjustment during the renewal term of the contract. Such adjustment, as determined by the City, shall be based on the latest yearly percentage increase or decrease in the All -Urban Consumers Price Index (CPI-U) as published by the Bureau of Labor Statistics, U.S. Department of Labor, and shall not exceed five percent (5%). The yearly increase or decrease in the CPI shall be the latest Index published and available for the calendar year ending 12/31, prior to the end of the contract year then in effect, as compared to the index for the comparable month, one-year prior. The City's designated Senior Procurement Specialist/Procurement Specialist will fully document its economic/market analysis to support its recommendation to make a price adjustment upward or downward to the contract. The Chief Procurement Officer may, after reviewing the recommendation, refuse to accept the adjusted costs if they are excessive, or if decreases are considered insufficient. The City's price adjustment determination will be communicated to the supplier at least ninety (90) days prior to the contract anniversary date of contract renewal. If said communication is not received by the supplier by the above stated timeframe, it shall be construed that no price adjustment will occur during the renewal period. Any approved cost adjustments shall become effective on the beginning date of the approved contract renewal period. 2.38 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). 2.39 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. Version 11/2022 CAM 23-0653 Exhibit 1 Page 15 of 28 2.40 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 contact. 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 contract extension. 2.41 Substitution of Personnel — N/A 2.42 Ownership of Work— N/A 2.43 Condition of Trade -In Equipment — N/A 2.44 Conditions of Trade -In Shipment and Purchase Payment— N/A 2.45 Verification of Employment Status Any Contractor/Consultant assigned to perform responsibilities under its contract with a State agency is required to utilize the US Department of Homeland Security's E-Verify system (per Executive Order Number 11-02) to verify the employment eligibility of: (a) all persons employed during the contract term by the Contractor to perform employment duties within Florida; and (b) all persons (including subcontractors) assigned by the Contractor to perform work pursuant to the contract with the State agency. E-VERIFY Affirmation Statement must be completed and submitted with Bidder's response to this ITB. 2.46 Service Organization Controls The Contactor should provide a current SSAE 18, SOC 2, Type I report with their bid. Awarded Contractor will be required to provide an SSAE 18, SOC 2, Type II report annually during the term of this contract. If the Contractor cannot provide the SSAE 18, SOC 2, Type I report at time of bid submittal, a current SOC 3 report will be accepted. 2.47 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. 2.48 Rules and Submittals of Bids The signer of the bid must declare that the only person(s), company or parties interested in the bid as principals are named therein; that the bid is made without collusion with any other person(s), company Version 1112022 CAM 23-0653 Exhibit 1 Page 16 of 28 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. 2.49 Bid Tabulations/Intent to Award Notice of Intent to Award Contract/Bid, resulting from the City's Formal solicitation process may be found at: https://www.fortlauderdale.qov/governmenVdepartments-a-h/finance/procurement- services/notices-of-intent-to-award. Tabulations of receipt of those parties responding to a formal solicitation may be found at: https:/Iwww.fortlauderdale.qov/government/departments-a- h/finance/procurement-services/bid-resuIts, or any interested party may call the Procurement Services Division at 954-828-5933. 2.50 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 PUBLIC RECORDS AT PRRCONTRACT(cDFORTLAUDERDALE.GOV, 954-828-5002, CITY CLERK'S OFFICE, 100 N. ANDREWS AVENUE, FORT LAUDERDALE, FLORIDA 33301. Contractor shall: 1. Keep and maintain public records 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 (2022), as may be amended or revised, or as otherwise provided by law. version 11/2022 CAM 23-0653 Exhibit 1 Page 17 of 28 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. 2.51 PCI (Payment Card Industry) Compliance Contractor agrees to comply with all applicable state, federal and international laws, as well as industry best practices, governing the collection, access, use, disclosure, safeguarding and destruction of protected information. Contractor and/or any subcontractor that handles credit card data must be, and remain, PCI compliant under the current standards and will provide documentation confirming compliance upon request by the City of Fort Lauderdale, failure to produce documentation could result in termination of the contract. END OF SECTION Version 11/2022 CAM 23-0653 Exhibit 1 Page 18 of 28 SECTION III - TECHNICAL SPECIFICATIONS/SCOPE OF SERVICES 1. SCOPE The City of Fort Lauderdale, as the lead agency for the Southeast Florida Governmental Purchasing Cooperative Group (Co -OP) 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 buildup in the tanks will be at Version 11/2022 CAM 23-0653 Exhibit 1 Page 19 of 28 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 4,607,000 Two-year Co-op estimated usage: 9,214,000 gallons. SODIUM HYPOCHLORITE- LESS THAN A TANKER LOAD- TOTAL ESTIMATED GALLONS PER YEAR: 178,000 Two-year Co -Op estimated usage: 356,000 gallons. Number Estimated Agency/ Delivery Location of Tank Size (Gal) Annual Usage; Special Note Tanks Gallons City of Fort Lauderdale 3 11,459 170,000 1500 South State Road 7 Fort Lauderdale, FL 33317 City of Cooper City 4 3,000 58,000 11791 SW 49 Street Cooper City, FL 33330 City of Coral Springs 2 8,000 200,000 2" male, plastic Cam- 3800 NW 85th Avenue lock tank fitting Coral Springs, FL 33065 City of Dania Beach 3 1,500 55,000 Plastic cam lock tank 1201 Stirling Road (LTFL) fitting Dania Beach, FL 33004 Coral Springs Improvement 3 5,925 106,000 2" cam lock female tank District fitting. 10300 NW 11th Manor Coral Springs, FL 33071 Requires full safety gear when offloading chemicals. Broward County Water and Wastewater Services Version 11/2022 CAM 23-0653 Exhibit 1 Page 20 of 28 3701 North State Road 7 4 7,300 400,000 2" (poly) cam lock tank Lauderdale Lakes, FL 33316 fitting 3598 West Prospect Road 2 450 12,000 Fort Lauderdale, FL 33309 (LTFL) Partial loads 3901 NW 66th Street 2 250 Fort Lauderdale, FL to stations 300 NW 66th Street 2 450 Fort Lauderdale, FL 33309 1390 NE 50th Street 6 14,000 800,000 Pompano Beach, FL 33064 4980 SW 40th Avenue 2 500 Dania Beach, FL 33312 60,000(LTFL) These will be 4550 SW 38th Street 1 350 West Park, FL 33023 partial loads to stations 3B, 13B9, 1600 South Park Road 2 450 Hollywood, FL 33021 13B8 and 3C 1751 SW 57th Avenue 2 450 Hollywood, FL 33023 2400 SW 67th Avenue 1 1,100 Miramar, FL 33023 2401 North Powerline Road 1 2,000 1,000,000 Pompano Beach, FL 33069 1 5,000 6 6,000 City of Boynton Beach 5469 W Boynton Beach Blvd 2 21,000 520,000 3" cam lock male tank Boynton Beach, FL 33437 fitting 1620 South Seacrest Blvd 1 21,000 3" cam lock male tank Boynton Beach, FL 33435 fitting City of Margate 980 NW 66th Avenue 2 7,000 25,000 2" Bonjo female tank Margate, FL 33063 fitting 6630 NW 9th Street 2 8,100 30,000 2" PVC Cam lock male Margate, FL 33063 1 3,000 tank fitting Town of Davie 1 15,000 260,000 2" male cam lock fitting 7351 Sw 301 st Davie, FL 33314 3500 Nw 76 ave 2 7,800 Total above 2" male cam lock fitting Hollywood, FL 33324 Version 1112022 CAM 23-0653 Exhibit 1 Page 21 of 28 City of Sunrise Utilities Sawgrass Utility Complex 4 12,500 366,000 1450 NW 81b Street 2 3,200 Sunrise, FL 33325 1 10,000 1 600 Springtree Utility Complex 4 15,000 302,000 4350 Springtree Drive 2 8,100 Sunrise, FL 33351 1 Southwest WTP 2 2,500 33,000 (LTFL) 15400 Watermill Road Davie, FL 33331 Southwest WWTP 2 2,000 1.8,000 (LTFL) 15400 Slydgemill Road Davie, FL 33331 City of Margate 3 8100 30,000 6630 NW 9th St 8100 Marmite F133063 _ 3000 City of Miramar 5 3500 340,000 13900 Pembroke rd Miramar, FL 33027 END OF SECTION Version 1112022 CAM 23-0653 Exhibit 1 Page 22 of 28 ZI 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. Authorized Signature Name (Printed) Title Date Rev 09-2022 CAM 23-0653 Exhibit 1 Page 23 of 28 CONTRACTOR'S CERTIFICATE OF COMPLIANCE WITH NON-DISCRIMINATION PROVISIONS OF THE CONTRACT The completed and signed form should be returned with the Contractor's submittal. If not provided with submittal, the Contractor must submit within three business days of City's request. Contractor may be deemed non- responsive for failure to fully comply within stated timeframes. Pursuant to City Ordinance Sec. 2-17(a)(i)(ii), bidders must certify compliance with the Non -Discrimination provision of the ordinance. A. Contractors doing business with the City shall not discriminate against their employees based on the employee's race, color, religion, gender (including identity or expression), marital status, sexual orientation, national origin, age, disability, or any other protected classification as defined by applicable law. Contracts. Every Contract exceeding $100,000, or otherwise exempt from this section shall contain language that obligates the Contractor to comply with the applicable provisions of this section. The Contract shall include provisions for the following: (i) The Contractor certifies and represents that it will comply with this section during the entire term of the contract. (ii) The failure of the Contractor to comply with this section shall be deemed to be a material breach of the contract, entitling the City to pursue any remedy stated below or any remedy provided under applicable law. Authorized Signature Print Name and Title Date F..m Non -[SO 092022 CAM 23-0653 Exhibit 1 Page 24 of 28 CONTRACT 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 credit card payments via MasterCard or Visa as part of this program. This allows you as a vendor of the City of Fort Lauderdale to receive your payments fast and safely. No more waiting for checks to be printed and mailed. In accordance with the contract, payments on this contract will be made utilizing the City's P-Card (MasterCard or Visa). Accordingly, bidders must presently have the ability to accept the credit card or take whatever steps necessary to implement acceptance of a card before the start of the contract term, or contract award by the City. All costs associated with the Contractor's participation in this purchasing program shall be borne by the Contractor. The City reserves the right to revise this program as necessary. By signing below, you agree with these terms. Please indicate which credit card payment you prefer: MasterCard Visa Company Name Name (Printed) Title Signature m Rev. 09/2022_Ip CAM 23-0653 Exhibit 1 Page 25 of 28 lzlwfflI'/_umsiT7r'L'tgroamrtti:llrlei tY Solicitation/Bid /Contract No: Project Description: Contractor/Proposer/Bidder acknowledges and agrees to utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of, A. all persons employed by Contractor/Proposer/Bidder to perform employment duties within Florida during the term of the Contract, and, B. all persons (including subcontractors/vendors) assigned by Contractor/Proposer/Bidder to perform work pursuant to the Contract. The Contractor/Proposer/Bidder acknowledges and agrees that use of the U.S. Department of Homeland Security's E-Verify System during the term of the Contract is a condition of the Contract. Contractor/Proposer/ Bidder Company Name: Authorized Company Person's Signature: Authorized Company Person's Title: Date: CAM 23-0653 Exhibit 1 Page 26 of 28 A minimum of three (3) references shall be provided. It is the responsibility of the Bidder/ Proposer to ensure that the information provided is accurate and current. The City may find your firm non- responsive for providing wrong and or outdated information. Additional references may be provided on a separate page. Company Name: Address: Contact Person: Title: Phone #: Email: Contract Value: Year(s): Description: Company Name: Address: Contact Person: Title: Phone #: Email: Contract Value: Year(s): Description: Company Name: Address: Contact Person: Title: Phone #: Email: Contract Value: Year(s): Description: CAM 23-0653 Exhibit 1 Page 27 of 28 CITY OF FORT LAUDERDALE BID/PROPOSAL CERTIFICATION Please Note: It is the sole responsibility of the bidder/proposer to ensure that their response is submitted electronically through the City's on-line strategic sourcing platform prior to the bid opening date and time listed. Paper bid submittals will not be accepted. 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: Telephone No.: EIN (Optional): Zip: FAX No.: Email: smohammed@fortlauderdale.gov Delivery: Calendar days after receipt of Purchase Order (section 1.02 of General Conditions): Total Bid Discount (section 1.05 of General Conditions): Check box if your firm qualifies for DBE (section 1.09 of General Conditions): ❑ 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 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. 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 Title CAM 23-0653 Page4%oV-2022