HomeMy WebLinkAboutAgreement_Water Service_11/15/2021_Shrieve Chemical CompanyVillage of Tequesta
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where signatures are required.
DEPARTMENT AND STAFF
CONTACT:
Utilities - Matt Hammond
VENDOR:
Shrieve Chemical Company
COUNCIL APPROVAL DATE:
11/15/2021
ORDINANCE/RESOLUTION
NUMBER:
TITLE OF AGREEMENT:
Agreement for Purchase of Sulfuric Acid
DOLLAR AMOUNT:
AGREEMENT TERM END
DATE:
9/30/22
NUMBER OF DOCUMENTS
TO BE SIGNED:
1
SPECIAL INSTRUCTIONS
FOR CLERKS'S OFFICE:
Agreement printed double -sided
No Text
VILLAGE OF TEQUESTA
AGREEMENT FOR PURCHASE OF SULFURIC ACID
THIS AGREEMENT FOR PURCHASE OF SULFURIC ACID is entered into
and effective this day of November, 2021, by and between the VILLAGE OF
TEQUESTA, a Florida municipal corporation with offices located at 345 Tequesta Drive,
Tequesta, Florida 33469, organized and existing in accordance with the laws of the State of Florida,
hereinafter "the Village"; and SHRIEVE CHEMICAL COMPANY, a foreign corporation
authorized to do business in Florida with principal offices located at 1442 Lake Front Circle, Suite
500, The Woodlands, Texas 77380, hereinafter "the Contractor", and collectively with the Village,
"the Parties".
WITNESSETH
The Village and the Contractor, in consideration of the mutual covenants contained herein
and for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged by both Parties, hereby agree as follows:
1. SCOPE OF SERVICES: The Parties hereby agree to enter into this Agreement
whereby the Contractor shall provide 93% sulfuric acid (H2SO4) in truck tank quantities of
approximately 3,500 gallons for the Village's Utilities Department (the "Product"). The Parties
agree to enter into this Agreement and piggyback for the purchase of sulfuric acid at the unit prices
described in the Contractor's Contract with the Town of Jupiter, Florida ("Town of Jupiter
Contract"), awarded through ITB No. W220613a. Said contract and bid package, including its
terms, conditions, specifications, and attached exhibits, are hereby fully incorporated into this
Agreement and attached hereto as Exhibit "A". Authorization to piggyback on the Town of Jupiter
Contract is hereby fully incorporated into this Agreement and attached hereto as Exhibit "B".
2. COMPENSATION: Pursuant to the unit prices provided in Exhibit "A", and in
consideration for the above Scope of Services, pricing shall be as follows:
Sulfuric Acid 93% (F.O.B.) - $165.00 per ton
Freight (F.O.B.) - $50.00 per ton
Total Price (F.O.B.) - $215.00 per ton
The Parties hereby agree to the Village's purchase of supplies and/or services in greater or lesser
amounts than those estimated in the Town of Jupiter Contract, as also referenced in Exhibit "A".
Following any delivery of the Product by the Contractor and subsequent acceptance by the Village,
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the Contractor shall invoice the Village. The Village shall pay the Contractor within forty-five (45)
days after receipt and approval of any such invoice from the Contractor documenting the amount
due.
3. TERM; TERMINATION; NOTICE: Pursuant to the Town of Jupiter Contract,
the original contract term will expire on September 30, 2022. In accordance with Section 16. of
the Town of Jupiter Contract's underlying ITB No. W220613a, the Village may terminate this
Agreement upon thirty (30) days written notice to the Contractor. Upon termination of this
Agreement by the Village, the Village will be obligated only to pay the Contractor for the Product
delivered to and received by the Village prior to the end of the thirty (30) day notice. The
Contractor may terminate this Agreement upon ninety (90) days written notice to the Village.
Notice shall be considered sufficient when sent by certified mail or hand delivered to the Parties
during regular business hours at the following addresses:
Village
Contractor
Village of Tequesta
Shrieve Chemical Company
345 Tequesta Drive
1442 Lake Front Circle, Suite 500,
Tequesta, FL 33469
The Woodlands, Texas 77380
Attn: Matthew Hammond,
Attn: Ted Threadgill,
Utilities Director
President
4. INSURANCE: The Contractor shall provide proof of workman's compensation
insurance and liability insurance in such amounts as are specified in Exhibit "A" and shall name
the Village as an "additional insured" on the liability portion of the insurance policy.
5. INDEMNIFICATION: The Contractor shall at all times indemnify, defend and
hold harmless the Village, its agents, servants, and employees, from and against any claim, demand
or cause of action of whatsoever kind or nature, arising out of error, omission, negligent act,
conduct, or misconduct of the Contractor, its agents, servants, or employees in the performance of
services under this Agreement. Nothing contained in this provision shall be construed or
interpreted as consent by the Village to be sued, nor as a waiver of sovereign immunity beyond
the waiver provided in Section 768.28, Florida Statutes. Notwithstanding the foregoing,
Contractor shall have no liability or duty to indemnify, defend or hold harmless the Village for the
negligence or misconduct of the Village, its employees, officers, contractors, officials,
representatives, or agents.
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6. PUBLIC ENTITIES CRIMES ACT: As provided in Sections 287.132-133,
Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof,
the Contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will
perform hereunder, have not been placed on the convicted vendor list maintained by the State of
Florida Department of Management Services within thirty-six (36) months immediately preceding
the date hereof. This notice is required by Section 287.133(3)(a), Florida Statutes.
7. INDEPENDENT CONTRACTOR: It is specifically understood that the
Contractor is an independent contractor and not an employee of the Village. Both the Village and
the Contractor agrees that this Agreement is not a contract for employment and that no relationship
of employee —employer or principal —agent is or shall be created hereby, nor shall hereafter exist by
reason of the performance of the services herein provided.
8. INSPECTOR GENERAL: Pursuant to Sections 2-421-2-432 of the Palm Beach
County Code of Ordinances, the Office of the Inspector General has jurisdiction to investigate
municipal matters, review and audit municipal contracts and other transactions, and make reports
and recommendations to municipal governing bodies based on such audits, reviews, or
investigations. All parties doing business with the Village shall fully cooperate with the inspector
general in the exercise of the inspector general's functions, authority, and power. The inspector
general has the power to take sworn statements, require the production of records, and to audit,
monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists
of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement,
misconduct, and abuses.
9. E-VERIFY ELIGIBILITY: The Contractor warrants and represents that it is in
compliance with Section 448.095, Florida Statutes, as may be amended. No later than January 1,
2021, the Contractor shall: (1) register with and use the E-Verify System (E-Verify.gov) to
electronically verify the employment eligibility of all newly hired workers; and (2) verify that all
of the Contractor's subconsultants performing the duties and obligations of this Agreement are
registered with and use the E-Verify System to electronically verify the employment eligibility of
all newly hired workers. The Contractor shall obtain from each of its subconsultants an affidavit
stating that the subconsultant does not employ, contract with, or subcontract with an Unauthorized
Alien, as that term is defined in Section 448.095(1)(k), Florida Statutes, as may be amended. The
Contractor shall maintain a copy of any such affidavit from a subconsultant for, at a minimum, the
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duration of the subcontract and any extension thereof. This provision shall not supersede any
provision of this Agreement which requires a longer retention period. The Village shall terminate
this Agreement if it has a good faith belief that the Contractor has knowingly violated Section
448.09(1), Florida Statutes, as may be amended. If the Contractor has a good faith belief that the
Contractor's subconsultant has knowingly violated Section 448.09(1), Florida Statutes, as may be
amended, the Village shall notify the Contractor to terminate its contract with the subconsultant
and the Contractor shall immediately terminate its contract with the subconsultant. In the event of
such contract termination, the Contractor shall be liable for any additional costs incurred by the
Village as a result of the termination.
10. SCRUTINIZED COMPANIES: For Contracts under $1M, the Contractor
certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to
Section 215.4725, Florida Statutes, and that it is not engaged in a boycott of Israel. The Village
may terminate this Agreement at the Village's option if the Contractor is found to have submitted
a false certification as provided under Section 287.135(5), Florida Statutes, if the Contractor has
been placed on the Scrutinized Companies that Boycott Israel List created pursuant to Section
215.4725, Florida Statutes, or if Contractor is engaged in a boycott of Israel. For Contracts over
$1 M, the Contractor certifies that it is not on the Scrutinized Companies with Activities in Sudan
List, 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. The Contractor further certifies that it is not engaged in a boycott of Israel, and that it
does not have business operations in Cuba or Syria, as similarly provided in Section 287.135,
Florida Statutes. The Village may terminate this Agreement at the Village's option if the
Contractor is found to have submitted a false certification as provided under Section 287.135(5),
Florida Statutes or if the Contractor has been placed on one of the aforementioned lists created
pursuant to Section 215.4725, Florida Statutes. Additionally, the Village may terminate this
Agreement at the Village's option if the Contractor 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.
11. ATTORNEY'S FEES: In the event a dispute arises concerning this Agreement,
the prevailing party shall be awarded attorney's fees, including fees on appeal.
12. FORCE MAJEURE: The Contractor shall not be considered in default by reason
of any failure in performance under this Agreement if such failure arises out of causes reasonably
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beyond the control of the Contractor or its subcontractors and without their fault or negligence.
Such causes include, but are not limited to: acts of God; acts of war; disruptions in supply chain,
raw material shortages, natural or public health emergencies; labor disputes; freight embargoes;
and abnormally severe and unusual weather conditions.
13. CHOICE OF LAW; VENUE: This Agreement shall be governed and construed
in accordance with the laws of the State of Florida, and venue shall be in Palm Beach County
should any dispute arise with regard to this Agreement.
14. AMENDMENTS & ASSIGNMENTS: This Agreement, all Exhibits attached
hereto, and required insurance certificates constitute the entire Agreement between both parties;
no modifications shall be made to this Agreement unless in writing, agreed to by both parties, and
attached hereto as an addendum to this Agreement. The Contractor shall not transfer or assign the
provision of services called for in this Agreement without prior written consent of the Village.
15. PUBLIC RECORDS: In accordance with Section 119.0701, Florida Statutes, the
Contractor must keep and maintain this Agreement and any other records associated therewith and
that are associated with the performance of the work described in the Scope of Services. Upon
request from the Village's custodian of public records, the Contractor must provide the Village
with copies of requested records, or allow such records to be inspected or copied, within a
reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes.
A Contractor who fails to provide the public records to the Village, or fails to make them available
for inspection or copying, within a reasonable time may be subject to attorney's fees and costs
pursuant to Section 119.0701, Florida Statutes, and other penalties under Section 119.10, Florida
Statutes. Further, the Contractor shall ensure that any exempt or confidential records associated
with this Agreement or associated with the performance of the work described in Scope of Services
are not disclosed except as authorized by law for the duration of the Agreement term, and following
completion of the Agreement if the Contractor does not transfer the records to the Village. Finally,
upon completion of the Agreement, the Contractor shall transfer, at no cost to the Village, all
public records in possession of the Contractor, or keep and maintain public records required by the
Village. If the Contractor transfers all public records to the Village upon completion of the
Agreement, 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 Agreement, the Contractor shall meet all
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applicable requirements for retaining public records. Records that are stored electronically must
be provided to the Village, upon request from the Village's custodian of public records, in a format
that is compatible with the Village's information technology systems.
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 AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK,
RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-06859 OR AT
lmmilliamsra'Jeguesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA,
FLORIDA 33469.
16. HEADINGS: The headings contained in this Agreement are provided for
convenience only and shall not be considered in construing, interpreting or enforcing this
Agreement.
17. SEVERABILITY: The invalidity or unenforceability of any provision of this
Agreement shall not affect the validity or enforceability or any other provision of this
Agreement and this Agreement shall be construed and enforced in all respects as if the invalid
or unenforceable provision is not contained herein.
18. WAIVER: 'No waiver by the Village of any provision of this Agreement shall
be deemed to be a waiver of any other provisions hereof or of any subsequent breach by the
Contractor of the same, or any other provision or the enforcement hereof. The Village's
consent to or approval of any act requiring the Village's consent or approval of any act by the
Contractor shall not be deemed to render unnecessary the obtaining of the Village's consent to
or approval of any subsequent consent or approval of, whether or not similar to the act so
consented or approved.
19. ENTIRE AGREEMENT: This seven (7) page Agreement, including any
Exhibits, constitutes the entire agreement between the parties; no modification shall be made to
this Agreement unless such modification is in writing, agreed to by both parties and attached hereto
as an addendum to this Agreement. To the extent that any provision herein conflicts with the
documents set forth in Exhibit A, the documents set forth in Exhibit A shall supercede and control
the agreement of the parties.
Page 6 of 7
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
on the date and year first above written.
WITNESSES:
1
ATTEST:
Lori McWilliams, MMC
Village Clerk
SHRIEVE CHEMICAL COMPANY
By: Ted Threadgill, President
(Corporate Seal)
VILLAGE OF TEQUESTA
By: Frank D'Ambra Ill, Mayor
> S G RATES
1N ' outgo
o' ONE 4,'�9 a0
Page 7 of 7
Exhibit A
np li'
Ir
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ORIGINAL
CONTRACT FOR SUPPLYING SULFURIC ACID
RE -BID (VV2206Ba)
EXECUTED CONTRACT
MAY 2021
TODD R. WODRASKA
CAMERON MAY
RON DELANEY
ILAN KAUFFER
JIM KURETSKI
MATT BENOIT
DAVID L. BROWN
MAYOR
VICE -MAYOR
COUNCILOR
COUNCILOR
COUNCILOR
TOWN MANAGER
DIRECTOR OF UTILI PIES
TABLE OF CONTENTS
Invitationto Bid...................................................................................................................................................3
Instructionsto Bidders........................................................................................................................................5
BidProposal.......................................................................................................................................................14
BidSchedule of Values..................................................................................................................................15
SwornStatement...........................................................................................................................................18
Noticeof Intent to Award..................................................................................................................................20
Noticeof Award..... ... ............................................................................. .................................................... 21
Agreement (Contract) Between Owner and Contractor...................................................................................22
Opinionof Town Attorney.................................................................................................................................26
Noticeto Proceed (NTP)...................................................................................................................................27
Technical Specifications for Contract for Supplying Sulfuric Acid Re-Bid(W2206Ba).......................................28
ExhibitA.............................................................................................................................................................30
InsuranceRequirements................................................................................................................................30
Town of tupiter Utilities
Contract for Supplying Sulfuric Acid Re -Bid {W22066aIl Page 2
TOWN OF JUPITER
FtQRIOp
Invitation to Bid
Sealed bids will only be accepted at the Town Clerk's Department, 210 Military Trail, Jupiter, Florida 33458:
Contract for Supplying Sulfuric Acid Re -Bid (W22066a)
p Until 2:00 PM, Local Time, June 1, 2021 at which time and place all bids received for each of the above listed
contracts will be publicly opened and read aloud in the Town Council Chambers. Sealed bids shall be submitted
to the Town Clerk, on paper and in accessible electronic format, in accordance with the Instructions to Bidders.
'- Any Bid received for any of the above listed contracts, after the time and date specified will not be considered.
The face of the envelope shall be addressed as follows:
Town Clerk
Town of Jupiter
210 Military Trail
Jupiter, FL 33458
June 1, 2021 at 2:00 PIN1
Contract for Supplying Sulfuric Acid Re -Bid (W2206Ba)
The nature and scope of this project is:
Supply the Town of Jupiter Utilities Water Treatment Plant with sulfuric acid for a period of one year beginning
October 1, 2021 through September 30, 2022 in accordance with the contract specifications. The bid includes
an alternate Bid Item to supply the chemical for a three year guaranteed unit price. Bids must be on a Unit Price
basis (F_O.B.) on the Proposal Form.
Bid Documents will be available on May 3, 2021 at www.demandstar.com. Bid Documents can be downloaded
by signing up for a free agency subscription for the Town of Jupiter at www.demandstar.com. Hard copies may
be purchased from www,demandstar.com or by emailing demandstargonvia.com.
All questions concerning the bid will be answered by addendum through Demandstar.com. Questions shall be
directed to Rebecca Wilder, P.E., Utilities Facilities Manager, in writing by fax (561) 747-5634 or email
rebeccawCiliu iter.fl-us (with Project Name in the subject of the email). Emails should be delivered with a Read
Receipt requested to confirm successful receipt by the Town. Site visits, if desired, may be scheduled with
Rebecca Wilder at 561-741-2635.
The Town of Jupiter reserves the right to waive any irregularities and to reject any and all bids. The Town of
Jupiter is an equal opportunity employer.
Town of Jupiter Utilities
Contract for Supplying Sulfuric Acid Re -Bed (w2206Ba) Page 3
am By Order of the Town Council,
Town of Jupiter
Laura E. Cahill, Town Clerk
FW
PUBLISHED: Palm Beach Post
1W DATE: May 2, 2021
Town of Jupiter Ublitles
raR Contract for Supplying Sulfuric Acid Re- Bid (W2206Ba) Paged
Instructions to Bidders
1. SPECIAL CONDITION —PUBLIC ENTITY CRIMES
1.1. Any person submitting a bid or proposal in response to this invitation must execute the enclosed form
PUR. 7068, SWORN STATEMENT UNDER SECTION 287.133(A), FLORIDA STATUTES, ON PUBLIC ENTITY
CRIMES, in the spaces(s) provided, and enclose it with the bid/proposal.
2. COPIES OF BIDDING DOCUMENT
- 2.1. Complete sets of the Bidding Documents in the number and for the non-refundable sum, if any, may
be obtained from www.demandstar.com as stated in the Advertisement or Invitation.
2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer
assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets
of Bidding Documents.
2.3. Owner in preparing Bidding Documents available on the above terms does so only for the purpose of
obtaining Bids on the Work and do not confer a license or grant for any other use.
3. QUALIFICATIONS OF BIDDERS
3.1. To demonstrate qualifications to furnish the goods and special services, each Bidder must be prepared
to submit within five days of Owner's request written information, such as financial data, previous
experience and evidence of authority to conduct business in the jurisdiction where the project is
located.
3.2. Each Bid must contain evidence of Bidder's qualification to do business in the state where the project
is located.
3.3. No Bid will be accepted from, nor will any contract be awarded to any person who is in arrears to the
Owner, upon any debt or contract, or who is a defaulter, as surety or otherwise, upon any obligation
to Owner, or any other governmental agency or entity, or who is deemed irresponsible or unreliable
by the Owner.
3.4. No Bid will be accepted from nor will any contract be awarded to any individual, firm, partnership,
corporation or association who is currently in litigation with the Owner or who is providing testimony
in current litigation against the Owner or who has a financial interest in any litigation against the
Owner.
3.5. No Bid will be accepted from, nor will any contract be awarded to any individual, firm, partnership,
corporation or association who is currently in litigation with the Owner, or who is providing testimony
in current litigation against the Owner or who has a financial interest in any litigation against the
Owner, or who is deemed irresponsible or unreliable by the Owner.
3.6. Any Bidder who does not meet the qualification requirements of the Bid will not be considered for
award.
3.7. Owner reserves the right to request additional experience, reference information, financial
information and any other information necessary to perform a comprehensive evaluation of the
.® Contractor and his/her major subcontractors.
Town of Jupiter Utilities
Contract for Supplying Sulfuric Acid Re-&d {W22C68aI Page 5
4. EXAMINATION OF BID/CONTRACT DOCUMENTS AND SITE
4.1. Before submitting a Bid, each Bidder must (a) examine the Contract Documents, including all addenda,
thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect
cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws,
ordinances, rules and regulations that may in any manner affect cost, progress or performance of the
Work; (d) study and carefully correlate Bidder's observations with the Bid/Contract Documents.
4.2. Site is accessible to the Bidder by appointment to conduct such investigations and tests as each Bidder
deems necessary for submission of a Bid. Bidder must notify the Town to schedule a date and time for
any such investigations and/or tests. Appointments should be scheduled through Rebecca Wilder,
P.E., Utilities Facilities Manager, at (561)741-2635 or rebeccaw@iupiter.fl.us.
43. The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has
complied with every requirement of this Article 4 and that the Contract Documents are sufficient in
scope and detail to indicate and convey understanding of all terms and conditions for performance of
the Work.
5. INTERPRETATIONS
5.1. All questions about the meaning or intent of the Bid/Contract Documents shall be submitted to The
Town of Jupiter Utilities, Attn: Rebecca Wilder, P.E., Utilities Facilities Manager, in writing at 17403
Central Boulevard, Jupiter, FL 33458, Phone (561) 741-2635, Fax (561) 747-5634 or email
rebeccaw(a�ju�iter.fl.us. Replies will be issued by Addenda as necessary and delivered to all parties
recorded by www.demandstar_com as having received the Bidding Documents. Questions received less
than three (3) business days from the deadline for Bids are not guaranteed to be answered. Only
questions answered by formal written Addenda will be binding. Oral and other interpretations or
clarifications will be without legal effect.
6. BID SECURITY
6.1. A bid security is not required.
7. CONTRACTTIME
7.1. The number of days within which, or the date by which, the Work is to be completed (the Contract
Time) is set forth in the Bid Form and will be included in the Agreement.
7.2, The Contract duration for the Base Bid is one year beginning October 1, 2021 and ending September
30, 2022. The Contract duration for the Alternate Bid is three years beginning on October 1, 2021 and
ending September 30, 2024. Owner reserves the right to request the successful bidder begin the
contract prior to October 1, 2021. If a Contract is initiated prior to October 1, 2021 the Contract
expiration dates will remain as stated.
8. PRICES BID
8.1. The price must be quoted as the TOTAL NET DELIVERED AMOUNT. The Town will be obliged to pay
- based on the contract unit price. The quantities indicated on the Proposal form are approximate and
are used to establish bid prices. The Town does not guarantee this quantity as a minimum or maximum
amount. Bidder certifies that the Contract Unit Price is valid regardless of the quantity purchased.
_ 8.2. Since the Town is exempt from Federal Excise Tax, the Federal Transportation Tax, and Florida State
Sales Tax, these taxes are NOT to be included in the bid prices. Necessary exemption certificates will
be supplied to vendors for direct sales to the Town that are paid from Town funds.
Town of Jupiter utilities
Contract for Supplying Sulfuric Acid Re -Bid (w22068a) Page 6
8.3. Prices shall be shown in unit amounts, written numerical figures, and extensions (Values) whenever
applicable. In the event of discrepancies existing between unit amounts and extensions (Values) or
totals, the written unit amounts shall govern.
8.4. Discrepancies in the multiplication of estimated quantities, units of work and unit prices will be
resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures
and the correct sum thereof will be resolved in favor of the correct sum.
8.5. All applicable discounts shall be included in the Bid Price for materia[s and services and will be
IM considered as determining factors in recommending an award in case of tie bids. Discounts extended
to Owner shall include but not be limited to those discounts normally extended to governmental
agencies as well as the private sector.
8.6. Chain discounts are not acceptable and will not be considered in determining an award. Firm prices
are to be quoted for the term of the Contract.
83. Bidder warrants by virtue of bidding that prices, terms and conditions in the Bid will be firm for
acceptance, for a period of one hundred and twenty (12D) calendar days from the date of Bid
opening unless otherwise stated by the Owner.
8.8. The Bid price shall include all permit fees, royalties, license fees and other costs arising from the use
"" of such design, device or materials in any way involved in the work and all costs of packaging,
transporting and delivery to the designed location within the Owner.
8.9. For the purpose of evaluation, the Bidder must indicate any variance or exceptions to the stated
specification no matter how slight. Deviations should be explained in detail. Absence of variations
and/or corrections will be interpreted to mean that the Bidder meets all the specifications in every
^� respect.
9. BID FORM
am 9.1. The Bid Form is included herein (see Proposal).
9.2. Bid Forms must be completed in ink or typed, The Unit Price and Extended Value of each Bid Item on
am the form must be provided in numerals. Supplier must bid on all alternates on the bid form or indicate
"No Bid" for all alternates on the bid form. All bid forms must be filled out in their entirety. Figures
must be provided for all unit prices and values. Incomplete bid forms will be considered non -
an responsive.
9.3. Bids by corporations must be executed in the corporate name by the president or a vice president (or
w. othercorperate officer accompanied by evidence of authority to sign) and the corporate seal must be
affixed and attested by the secretary or an assistant secretary. The corporate address and state of
incorporation shall be shown below the signature.
9.4. Bids by partnerships must be executed in the partnership name and signed by a partner, whose title
must appear under the signature and the official address of the partnership must be shown below the
+� signature.
9.5. All names must be typed or printed below the signature.
Town of.luplter Utilities
Contract for Supplying Sulfuric Acid Re -aid (w2206Sal Page 7
PIM
9.6. The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which shall be
filled in an the Bid Form).
'" 9.7. The address, email address, and phone number to which communications regarding the Bid are to be
directed must be shown.
"t 9.8. If the Bid form contains alternate(s), Bidder must bid on all alternate(s) or indicate "No Bid" for the
Unit Price on the Bid Proposal form.
^ 10. SUBMISSION OF BIDS
10.1. Two copies of the Bid (one signed original and one electronic pdf) shall be submitted at the time and
place indicated in the Advertisement for Bids or Invitation to Bid and shall be included in an opaque
'* sealed envelope, marked with the Project title and name and address of the Bidder and accompanied
by the Bid Security and other required documents. The Bid Form/Schedule of Values should be clearly
marked with a tab for easy identification during the bid opening process. If the Bid is sent through the
mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the
notation "BID ENCLOSED" on the face thereof, with the Project name on the front.
10.2. Bids received after the time and date specified in the Invitation to Bid, or as modified by subsequent
addenda will be rejected and promptly returned unopened to Bidder. Such rejected Bids) will not
listed on bid tabulations for the project.
11. MODIFICATION AND WITHDRAWAL OF BIDS
11.1. Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a
e� Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to
the opening of Bids.
■* 11.2. If, within twenty four hours after Bids are opened, any Bidder files a duly signed written notice with
Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was
a material and substantial mistake in the preparation of his Bid, which Bidder may withdraw his Bid
r. and the Bid Security, if required, will be returned. Thereafter, that Bidder may be disqualified from
further bidding on the Work. If a notice is filed with Owner after 24 hours then the Contractor will
sacrifice his Bid Bond.
12. OPENING OF BIDS
12.1. Bids will be opened publicly.
12.2. When Bids are opened publicly they will be read aloud, and an abstract of the amounts of the base
Bids and major alternates (if any) wilt be posted an Demandstar.com and made available after the
+. opening of Bids.
13. BIDS TO REMAIN OPEN
aoi 13.1. All Bids shall remain open for one hundred and twenty (120) calendar days after the day of the Bid
opening, but Owner may, in his sole discretion, release any Bid and return the Bid Security, if required,
prior to that date.
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14. AWARD OF CONTRACT
14.1. Owner reserves the right to reject any and all Bids, to waive any and all informalltles and to negotiate
,.., contract terms with the Successful Bidder, and the right to disregard all nonconforming, non-
responsive or conditional Bids. Discrepancies between words and figures, for total bid prices, will be
Town of Jupiter utilities
aq contract for Supplying Sulfuric Acid Re -Bid (W22068a) Page S
004
resolved in favor of words. Discrepancies between the indicated sum of any column of figures and the
correct sum thereof will be resolved in favor of the correct sum. Discrepancies between the indicated
value and the correct value as calculated by the product of the unit price and the estimated quantity
will be resolved by using the stated unit price.
14.2. In evaluating Bids, the Owner shall consider the qualifications of the Bidders and whether or not the
""' Bids comply with the prescribed requirements, alternates, and unit processes of the Bid Documents,
14.3. Owner may consider operating costs, maintenance considerations, performance data and guarantees
'o^ of materials and equipment in evaluating bids.
14A. Owner may conduct such investigations as he deems necessary to assist in the evaluation of any Bid
oft and to establish the responsibility, qualifications and financial ability of the Bidders, proposed
Subcontractors and other persons and organizations to do the Work in accordance with the Contract
Documents to Owner's satisfaction within the prescribed time.
F.
14.5. Owner reserves the right to reject the Bid of any Bidder who does not pass any such evaluation to
Owner's satisfaction,
14.6. If the contract is to be awarded, it will be awarded to the lowest, responsive, responsible Bidder, based
on the lowest Total Base Bid Cost F.O_B. (per Ton) price, or the lowest Total Alternate Bid Cost F.O.B.
(per Ton), as evaluated by the Owner to be in the best interest of the Owner. All Bid pricing shall be
submitted on the Bid Proposal Form (Bid Schedule of Values) included in the Front End Bid Documents.
Rlhl� 14.7. If the contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within one
hundred and twenty (120) days after the day of the Bid opening.
FM 14.8. If the contract Is to be awarded, for either the Base Bid Cost F.O.B. (per Ton) or the Alternate Bid Cost
F.O.B. (per Ton), Owner will issue a Contract number to the Supplier each year of the contract period
at the beginning of each fiscal year (October).
OR
14.9. More than one Bid received for the same work from an individual, firm, partnership, corporation or
association under the same or different names will not be considered. If, in the determination of the
Owner, there are reasonable grounds for believing that any Bidder is interested in more than one Bid
for the same work, or that any collusion exists among the Bidders, this will result in the rejection of
the Bids of those Bidders who participated in those Bids. In either case the Owner may deem those
Bidders to be a non -responsible or non -qualified Bidder.
15. SIGNING OF AGREEMENT
am 15.1. When Owner gives a Notice of Intent to Award or Notice of Award to the Successful Bidder, it will be
accompanied by two unsigned counterparts of the Agreement and all other Contract Documents.
Within fifteen (15) days thereafter Suppliershall sign and deliver both counter parts of the Agreement
No to Owner with all other Contract Documents attached. Within sixty (60) days of the Notice of Award,
Owner will deliver all fully signed counterparts to Contractor.
F-4 16. CONTRACT CANCELLATION
16.1. The Town of Jupiter reserves the right to cancel the Contract at any time with a thirty (30) day written
notice. Town will be obligated only to pay Supplier for chemical delivered to and received by the Town
�. prior to the end of the thirty (30) day notice.
Town of Jupiter Uti flues
am Contract for Supplying Sulfuric Acid Re -Bid IW2206Ba) Page 9
,a+
16.2. If Supplier elects to cancel the Contract at any time during the Contract Term, Supplier shall provide
90 days written notice to Owner.
"` 17. INDEMNIFICATION AND INSURANCE
17.1. By placing a bid, the bidder agrees to indemnify and hold the Town of Jupiter, its agents, employees
and elected officers free and harmless at all times from and against any and all claims, liability,
expenses, losses, suits, costs, fines, and damages (including attorney's fees) arising out of or incident
to or in connection with the bidder's responsibility to perform under this contract. This agreement in
no way restricts or interferes with the right of any political subdivision of Palm Beach County, Florida,
j1 to re -bid any or all items.
17.2. The Supplier shall procure and maintain, through the term of this Contract, insurance coverage
** reflecting, at a minimum, the limits and coverage conditions identified on the attached "Exhibit A",
and made a part of this Contract. The insurance limits and coverage conditions identified require first
dollar coverage. The Owner shall be named as an "additional insured" under the General and
A Automobile insurance. The coverage required shall extend to all employees and subcontractors of the
Supplier.
r� 17.3. The Supplier shall provide Owner with required insurance certificates, as proof of insurance at the
time Supplier returns signed Contracts to the Town and before a Notice to proceed is issued. The
Supplier shall notify the Owner at least thirty (30) days prior to cancellation or modification of any
Aw insurance policy and certificate required under this Contract. The failure to provide the Owner with
proof of insurance, or the cancellation of any insurance policy during the term of this Contract shall
be cause for the Owner's termination of the Contract.
18. EQUAL OPPORTUNITY
18.1. The Town of Jupiter recognizes fair and open competition as a basic tenet of public procurement.
�. Contractors doing business with the Owner are prohibited from discriminating on the basis of race,
color, creed, national origin, handicap, age or sex.
Ar 19. OCCUPATIONAL HEALTH & SAFETY
19.1. 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 Bid must be accompanied by a Safety Data
�w Sheet ("SDS" ) which may be obtained from the manufacturer. The SDS must include the following
information:
ow 19.1.1. The chemical name and the common name of the toxic substance.
19.1.2, The proper precautions, handling practices, necessary personal protection equipment and
.o other safety precautions in the use of or exposure to the toxic substances, including
appropriate emergency treatment in case of exposure.
M 19.1.3. The emergency procedure for spills, fire, disposal and first aid.
19.1.4. A description in lay terms of the known specific potential health risks posed by the toxic
,,. substance intended to alert any person reading this information.
19.1.5. The year and month, if available, that the information was compiled and the name, address,
Im and emergency telephone number of the manufacturer responsible for preparing the
information.
Town of Jupiter Utilities
a% Contract For Supplying sulfuric Acid Re -aid (W2200a) Page 10
Am
19.2. Bidders are required to complete and submit with their bid the Contractor Safety Qualifications Form
included in the Front End Documents.
«w
19.3. Contractor of Award and sub -contractors will be required to perform the Work of the Contract in
accordance with the Environmental Protection Agency Risk Management Program (40 CRF 68.87) and
14 the Occupational Safety and Health Administration's Process Safety Management Program (29 CRF
1910.119 (h)).
19.4. Contractor of Award, sub -contractor, and all persons performing work at the water treatment plant
site under this contract shall be required to attend a mandatory safety orientation hosted by the
Jupiter Water Treatment Plant staff. Contractor will be required to coordinate safety orientations with
Plant staff at least one week prior to the date in which the work of each trade will be performed. It is
requested that the Contractor schedule classes with subcontractor and Town Staff so as to minimize
the numberof times the class must be presented. Any workeron site who is found not having attended
the mandatory safety training will be asked to the leave the site until such safety requirement is met.
It is the Contractors responsibility to make sure all persons working on this project attends the water
plant safety orientation.
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20. AUDIT RIGHTS
20.1. The Owner reserves the right to audit the records of the successful Bidder for the commodities and/or
^* services provided under the Contract at any time during the performance and term of the Contract
and for a period of five (5) years after completion and acceptance by the Owner, If required by the
Owner, the successful Bidder agrees to submit to an audit by an independent certified public
accountant selected by the Owner. The successful Bidder shall allow the Owner to inspect, examine
and review the records of the successful Bidder in relation to this contract at any and all times during
normal business hours during the term of the Contract.
20.2. The Inspector General of Palm Beach County has the authority to investigate and audit matters relating
to the negotiation and performance of this Contract and in furtherance thereof may demand and
obtain records and testimony from the Contractor and its subcontractors and lower tier
subcontractors. The Contractor understands and agrees that in addition to other remedies and
consequences provided by law, the failure of the Contractor or its subcontractors or lower tier
subcontractors to fully cooperate with the Office of Inspector General of Palm Beach County when
requested may be deemed by the municipality to be a material breach of this contract justifying Its
termination. The Office of Inspector General in Palm Beach County is established by Palm Beach
County Code, Section 2-421 - 2-440. Failure to cooperate with the Inspector General or interfering
with or impeding any investigation shall be in violation of Palm Beach County Code, Section 2-421— 2-
440, and be punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second
degree misdemeanor.
21. CONFLICT OF INTEREST
•+21.1. The award hereunder is subject to the provisions of Chapter 112, Florida Statutes. Bidders must
disclose with their Bid the name of any officer, director, partner, proprietor, associate or agent who is
also a public officer or employee of the Owneror any of its agencies. Further, all Bidders must disclose
the name of any public officer or employee of the Owner who owns, directly or indirectly, an interest
of five percent (5%) or more in the Bidder's firm or any of its branches or affiliate companies.
�. 22. SPECIAL. LEGAL REQUIREMENTS
22.1. PUBLIC RECORDS
Town of Jupiter Utl Iltfes
adM Contract for Supplying Sulfuric Acid Re. Bid IW2206Eaj Page 11
22.1.1. This Agreement is subject to and governed by the laws of the State of Florida, including
without limitation Chapter 119, Florida Statutes, which generally makes public all records or
other writings made by or received by the parties, The Contractor acknowledges its legal
obligation to comply with § 119.0701, Florida Statutes.
22.1.2. A request to inspect or copy public records relating to a public agency's contract for services
must be made directly to the public agency. If the public agency does not possess the
requested records, the public agency shall immediately notify the contractor of the request,
and the contractor must provide the records to the public agency or allow the records to be
inspected or copied within a reasonable time.
22.1.3. If a contractor does not comply with the public agency's request for records, the public
agency shall enforce the contract provisions in accordance with the contract.
22.1.4. A contractor who fails to provide the public records to the public agency within a reasonable
time may be subject to penalties under s. 119.10.
.. 22.1.5. 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 561-741-2270,
BRITTANYGPJUPITER.FL.US, OR 210 MILITARY TRAIL, JUPITER, FL
-33458.
22.2. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES
22.2.1. The Town of Jupiter encourages and agrees to the successful bidder extending the pricing,
terms and conditions of this solicitation or resultant contract to other governmental entities
at the discretion of the successful bidder.
22.3. CONE OF SILENCE, Sec. 2-355. Cone of Silence
22.3.1. Cone of silence means a prohibition on any communication, except for written
correspondence, regarding a particular request for proposal, request for qualification, bid, or
any other competitive solicitation between:
22.3.1.1. Any person or person's representative seeking an award from such competitive
solicitation; and
22.3.1.2. Any county commissioner or commissioner's staff, any member of a local governing
body or the member's staff, a mayor or chief executive officer that is not a member of
a local governing body or the mayor or chief executive officer's staff, or any employee
authorized to act on behalf of the commission or local governing body to award a
particular contract.
22.3.2. For the purposes of this section, a person's representative shall include but not be limited to the
person's employee, partner, officer, director, consultant, lobbyist, or any actual or potential
subcontractor or consultant of the person_
Town of Jupiter Utilities
-^ Contract for Supplying Sulfuric Acid Re -Bid (W2206Ba) Page 12
:J
22.3.3. The cone of silence shall be in effect as of the deadline to submit the proposal, bid, or other
response to a competitive solicitation. The cone of silence applies to any person or person's
representative who responds to a particular request for proposal, request for qualification, bid,
or any other competitive solicitation, and shall remain in effect until such response is either
rejected by the county or municipality as applicable or withdrawn by the person or person's
representative. Each request for proposal, request for qualification, bid oranyothercompetitive
solicitation shall provide notice of cone of silence requirements and refer to this article.
22.3.4. The provisions of this article shall not apply to oral communications at any public proceeding,
including pre -bid conferences, oral presentations before selection committees, Contract
negotiations during any public meeting, presentations made to the board or local municipal
governing body as applicable, and protest hearings. Further, the cone of silence shall not apply
`4 to contract negotiations between any employee and the intended awardee, any dispute
resolution process following the filing of a protest between the person filing the protest and any
employee, or any written correspondence at any time with any employee, county commissioner,
~' member of a local municipal governing body, mayor or chief executive officer that is not a
member of the local municipal governing body, or advisory board member or selection
committee member, unless specifically prohibited by the applicable competitive solicitation
1° process.
22.3.5. The cone of silence shall not apply to any purchases made in an amount less than the
me competitive bid threshold set forth in the county purchasing ordinance (County Code, chapter
2, article Ill, division 2, part A, section 2-51 et seq.) or municipal ordinance as applicable.
a` 22.3.6. The cone of silence shall terminate at the time the board, local municipal governing body, or a
county or municipal department authorized to act on behalf of the board or local municipal
governing body as applicable, awards or approves a contract, rejects all bids or responses, or
MW otherwise takes action which ends the solicitation process.
22.3.7. Any contract entered into in violation of the cone of silence provisions in this section shall render
MW the transaction voidable.
^w End of Instructions to Bidders.
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Town of Jupiter Utilities
CM Contract for Supplying Sulfuric Acid Re-Ibid (W22060a) Page 13
Bid Propg3a
Bidding Company Name: �� ►'t f v �' ��} �rJt i (�� - r�i f:!'i`f i,
Town of Jupiter Utilities
210 Military Trail
Jupiter, FL 33458
Gentlemen:
The undersigned, as Bidder, hereby declares that the only Persons, company; or parties interested in the
Proposal or the Contract to be entered into, as principals, are named herein; and that this Proposal is made
without connection with any other person, company, or parties making a Bid or Proposal; and that it is in all
respects fair and in good faith without collusion or fraud.
That the Bidder has carefully and to his full satisfaction examined the attached Instructions to Bidders, detailed
Specifications, and that Bidder has read all addenda issued prior to the opening of Bids; and that Bidder has fully
examined the site and the project documents and hereby agrees to furnish, unless otherwise provided, all
implements, machinery, equipment, transportation, tools, materials, supplies, labor and other things necessary
to provide the quality, type, and grade of materials called for,
It is proposed that the project herein described shall be supplied for the guaranteed Unit Prices as follows, all in
accordance with the requirements and provisions of the Contract Documents. The quantities stated below are
one (1) year and three (3) year estimates. Actual quantities may be less than or exceed the estimated quantities
below. Supplier must guarantee Unit Prices for the duration of the Contract Term
The undersigned further declares that he proposes to furnish the item(s) called for within the specified time in
this Proposal for the prices provided on the following page, Bid Schedule of values.
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Town of Jupiter Utilities
Contract for supplying Sulfuric Acid Re -Bid M2206601 Page 14
Bid Schedule of Values
Contract for Supplying Sulfuric Acid Re -Bid LWZZQ6Ba}
Base Bid: (1-year Contract Period with an estimated quantity of 4.603 tons)
Annual
Item Quantity
No. Item Description (estimated) Unit Unit Price Extended Value
1 Sulfuric Acid Unit Price (F.O.B.) 4.603 tons $ & 5'. c 0 $ r'J 5cf l Ll c�
i
2 Freight (F.O.B.) 4,603 tons $ CSC.` 3D St)
Total Base Bid Unit Price F.O.B. ($/ton): (Item Nos. 1-2) _ ~$-j 5 . Ui '
.r
Total Base Bid Annual Chemical Cost (F.O.B.)
Total: Base Bid Annual Chemical Cost (F.O.B.) for 4,603,_ Tons in Words: :�,' iJk �t ur►cr�r� +' c ��.F
s i
Alternate Bid: (3-year Contract Period with an estimated quantity of 13,809 tonsi
Three Year
Item Quantity
No. Item Description (estimated) Unit Unit Price Extended Value
3 Sulfuric Acid Unit Price (F.O.B.) 13,809 tons S_ $ ..
4 Freight (F.O.B.) 13,809 tons S
Total Alternate Bid Unit Price F.O.B. ($/ton): (Item Nos. 3-4) = $
Total Alternate Bid Annual Chemical Cost (F.O.B.) _ $
Total Alternate Bid Annual Chemical Cost (F.O.B.) for 13,809 tons in Words:
c
Town of Jupiter Utilities
COntrart for Supplying Sulfuric Acid Re -Bid (W2206Ba) Page 15
,..
Ow
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Proposal (Continued
If awarded the Contract, the undersigned agrees to execute the attached Agreement/Contract within fifteen
(15) calendar days from the date set forth in the Notice of Intent to Award or Notice of Award, which ever one
_ is received first,
The undersigned understands and accepts that the Contract commences on October 1, 2021 and continues for
one year, ending September 30, 2022 if the contract is awarded based on the Total Base Bid; or continues for
three years, ending on September 30, 2024 if the contract is awarded for the Total Alternate Bid. The
undersigned understands and accepts that the Owner may elect to commence the Contract prior to October 1,
2021 and that the Contract expiration dates will remain as stated.
The undersigned agrees that all bid documents issued for this Contract, including addenda, have been reviewed
and site visits performed, as necessary to provide a comprehensive bid. The undersigned acknowledges receipt
.y' of (--i (insert number) Addenda for this Bid.
The undersigned acknowledges that payments made by the Town of Jupiter will be made via electronic funds
transfers (EFT) and vendor will provide the Town of Jupiter with the information required to make EFT payments.
The undersigned understands and accepts that Owner will issue a Contract number in October of each year of
the contract period for the estimated annual quantity at the Total Base Bid Cost (F.O.B.) or the Total Alternate
Bid Cost (F.O.B.), whichever the Contract is awarded for. Payment to the SUPPLIER will be based on the Total
Base Bid Cost F.O.B. (per Ton) or Total Alternate Bid Cost F.O.B. (per ton) based on actual quantities delivered
to and received by the Owner. Supplier understands that the Unit Price(s) submitted with their bid shall remain
.� in effect for the duration of the Contract Term. No escalation will be permitted for an increase in chemical cost
for the duration of this contract.
The undersigned is aware that the Inspector General of Palm Beach County has the authority to investigate and
audit matters relating to the negotiation and performance of this contract and in furtherance thereof may
demand and obtain records and testimony from the contractor and its subcontractors and lower tier
subcontractors. The contractor understands and agrees that :n addition to other remedies and consequences
provided by law, the failure of the contractor or its subcontractors or lower tier subcontractors to fully cooperate
with the Inspector General when requested may be deemed by the municipality to be a material breach of this
contract justifying its termination.
9—
W.
Town of Jupiter Utilitles
contract for Supplying Sulfuni: Atrd Re-B,d (w220(56a) 1`3g9 36
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..
The undersigned states that this bid proposal is the only proposal for this project in which he is interested and
certifies that all of the information provided in this bid proposal is true and correct.
SUBMITTAL DATE !� ( -k I I ;'
FIRM NAME_ �►lrt��C t �CM.�GCG•"Cj�4K� LLC'_
i
BUSINESS ADDRESS i I'I�✓ : , i rc �C `� (U (. `� �. ( �Ui �C+ BUSINESS TELEPHONE?, '3?— 4,� c�
FIRM'S FEIN ,19 — 1 q 4 �,1 r'
SIGNATURE OF RESPONSIBLE OFFICIAL
PRINT NAME AND TITLE [ �1 , j 5 ��,,-,f
v
EMAIL ADDRESS OF RESPONSIBLE OFFICIAL +441 z�� ' e%� �� 1► iNy , C C �Ll �'
STATE OF INCORPORATION —re X�
FULL NAMES AND ADDRESSES OF PERSONS OR PARTIES INTERESTED IN THE FOREGOING BID, AS PRINCIPALS:
S/
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.ft
town of lua+ter utilities
[ornratt for Supplying Sulfuric Acid Re•Bld (W22068a) Page 17
Sworn Statement
PURSUANT TO SECTION 287.133(3)(a),FLORIDA STATUES,
ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL
AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted to
.. (print name of the public entity]
by�_ i t�t.S ��l,ty��� � [pri(L�li-�t�
nt individual's name and title]
for ?r i eV Mt c4+1
[print name of entity submitting sworn statement]
` r
..� whose business address is + Li e i-✓O,+ a� t►"G• t �jt 5 U L-
and (if applicable) its Federa Employer Identification Number (FEIN) is:
(If the entity has no FEIN, include the Social Security Number of the individual signing this sworn
Statement: )
2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means
a violation of any state or federal law by a person with respect to and directly related to the transaction
of business with any public entity or with an agency or political subdivision of any other state or of the
United States, including, but not limited to, any bid or contract for goods or services to be provided to
any public entity or an agency or political subdivision of any other state or of the United States and
involving antitrustr fraud, theft, bribery, collusion, racketeering, conspiracy, or material
misrepresentation.
3. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes,
means a finding or guilt or a conviction of a public entity crime, with or without an adjudication of guilt,
in any federal or state trial court of record relating to charges brought by indictment or information after
July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contenders.
a
4. 1 understand that an `affiliate" as defined in Paragraph 287.133(1)(a], Florida Statutes, n}eans.
1. A predecessor or successor of a person convicted of a public entity crime: or
2. An entity under the control of any natural person who is active in the management of the entity
and who has been convicted of a public entity crime. The term affiliate includes those officers,
directors, executives, partners, shareholders, employees, members, and agents who are active
in the management of an affiliate. The ownership by one person of shares constituting a
�• controlling interest in another person, or a pooling of equipment or income among persons
when not for fair market value under an arm's length agreement, shall be a prima facie case that
one person controls another person. A person who knowingly enters into a joint venture with
a person who has been convicted of a public entity crime in Florida during the preceding 36
months shall be considered an affiliate.
Town of Jupiter Utik, e;
Contract for Supplying Sulfuric Acid Re -Bid (W22069a1 Paige 1E
I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural
person or entity organized under the laws of any state or of the United States with the legal power to
enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or
services let by a public entity, or which otherwise transacts or applies to transact business with a public
entity The term "person" includes those officers, directors, executives, partners, shareholders,
employees, members, and agents who are active in management of an entity.
Based on information and belief, the statement which I have marked below is true in relation to the
entity submitting this sworn statement. (indicate which statement applies.]
)' Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, nor any
affiliate of the entity, has been charged with and convicted of a public entity crime subsequent to July
1, 1989,
—The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to
July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to
July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State_ of
Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer
determined that it was not in public interest to place the entity submitting this sworn statement on the
convicted vendor list.
[attach a copy of the final order]
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FORTH E PUBLIC ENTITY
IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID
THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED, I ALSO UNDERSTAND THAT I AM
REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE
THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY
CHANGE IN THC4NfIRRMATION CONTAINED IN THIS FORM.
(signature]
°
Sworn to and subscribed before me this iday of t 1 t
w • o
�tg_a
Personally known
TMi¢ W C
OR Produced identification�Notary Public - State of
s
,, ~
� T z
My commission xpires Y�:
54
(Printed typed or stamped commissioned name notary public)
+�
Town of Jupiter Utilities
Contract for Supplying Sulfuric Acid Re -Bid iW22068a)
Page 19
a-
..
State of Florida
Department of 'State
I certify from the records of this office that SHRIEVE CHEMICAL COMPANY
is a Texas corporation authorized to transact business in the State of Florida,
qualified on November 20, 2003,
The document number of this corporation is F03000005952.
I further certify that said corporation has paid all fees due this office through
December 31, 2021, that its most recent annual report/uniform business report
was filed on March 3, 2021, and that its status is active.
I further certify that said corporation has not filed a Certificate of Withdrawal.
Given under m}• hand and rite
Great Seal of the State of Florida
at Tallahassee, the Capital, this
the Third day of .March, 2021
.Secretcrrl, 14'Stnte
Tracking Number: 9468264956CC
To authenticate this certificate.visit the following site cuter this nucnher, and then
follow the instructions displayed.
https:/lserr•ices.suabiz.orgl FilingsiCertificate0fStatuVCerdficateAuthentIcation
w
Shrieve Chemical Company
1442 Lake I runt l irde. 1uitc 5iu
11n �l oudl,m�s. 1'e�as 7?iRfl go
800-367.4226
Fax; 281-367-0071
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References:
1. Martin County Todd Leyland; tleyland@martin.fl.us
2. City of Vero Beach —Carol Shoaf; cshoaf@covb.org
3. Indian River County -Diane Feshoh; dfeshoh@ircgov.com
4. City of Cape Coral -Mark Connelly; mconnell@capecoral.net
5. City of Lakeland -Tara Walls; tara.walls@lakelandgov.net
Regards.
Ckwi 4-13 urn,
Chris Bums
w" I
Im 1
wA 1
Shrieve Chemical, SE Region
204 S lake Florence Dr. Winter I liven. FL 33884
1' 800.367.4226 F 28 11.3 67.0071
�. 1
Shrieve Chemical Company
1442 Lake Front Circle. Suite 500
'f he Wuodlandc 7 exas: 77380
800-3674226
I' ax: 281- 367-0071
Wednesday. May 26, 2021
r.
To: Town of .lupiter
From: Shrieve Chemical Company
Re: Chemical Bid W2206Ba-Re-bid Supply of Sulfuric Acid
.� This affidavit attests that our sulfuric acid compliers with all applicable specifications referenced within the
above bid. We have also attached a typical certificate of analysis to illustrate this as .vell.
Thank you,
e4-di Vaud
Chris Burns
Shrieve Chemical, SE Region
204 S Lake Florence Ur. %\ inter Haven. FL 33884
P 800.367.4226 F 281.367.0071
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8813 HIGHWAY 41 SOUTH
-+ RIVERVIEW. FLORIDA 33569
�. 93 % SULFURIC ACID
TYPICAL AVERAGE PROI)l7iCTION SPECIFICATIONS
Sulfuric Acid (H2SO4) 93.0 - 98.5%
.. Iron (Fe) < 20 ppm
Reducing Substances as S02 <20 ppm
Nitrates as NO3 <10 ppm
Chlorides as Cl < 5 ppm
Ammonium as NH4+ < 1 ppm
Heavy Metals as Pb < 1 ppm
Aluminum (AI) < 0.5 ppm
Antimony (Sb) < 0.5 ppm
Arsenic (As) < 1.0 ppm
Cadmium (Cd) < 0.5 ppm
Chromium (Cr) < 1 ppm
Copper (Cu) < 0.5 ppm
Lead (Pb) < 1 ppm
Manganese (Mn) < 0.5 ppm
Mercury (Hg) < 20 ppb
Nickel (Ni) < 0.5 ppm
Platinum (Pt) < 0.5 ppm
Potassium (K) < 1 ppm
,,. Selenium (Se) < 0.5 ppm
Zinc (Zn) < 0.5 ppm
Fixed Residue 110 ppm
Organic Matter < 10 ppm
Color 30
Turbidity (NTU) < 1
NSF
_ Certified to I Max. Use:
ANSI/NSF-60 50 mak
SAFETY DATA SHEET
1 SULFURIC ACID
S hricvc
Rev. Date: 02.1612015
1. IDENTIFICATION
Product Name (s)
SULFURIC ACID
Product Use
pH adjustment, water treatment and various industrial applications.
Supplier
Shreve Chemical Company
1755 Woodstead Court, The Woodlands TX 77380-USA
Contact Numbers
800-367-4226
E-mail Contact for SOS
Cust-ServLAshrlPve.coni (customer service)
Emergency Telephone
CHEMTREC: 800r124-9300
Number
2. HAZARDS IDENTIFICATION
Hazard Classification
Skin Corrosion, 18;.
Eye Damage. 1
Corrosive to metals. 1
Precautionary Statements
DANGER, Causes severe skin burns and eye damage.
Causes serious eye damage. May be corrosive to
metals
Do not hreathe mists or vapors. Wash hands, face and
forearms thoroughly after handling. Wear protective
gloves, protective clothing. eye and face protection.
Keep only in original container.
It swallo.ved rinse mouth, do NOT induce vomiting_ If on
skin or hair take off immediately all contaminated
clothing, Rinse skin with waterlshower. Wash
contaminated dothing before reuse. If inhaled remove
person to fresh air and keep romforiable for breathing_
Immediately call a doctor or poison control center, If in
eyes rinse cautiously with water for several minutes.
Remove contact lenses if present and easy to do so.
Continue rinsing. Seek immediate medical attention
Absorb spillage to prevent material damage.
Store locked up. Store in a corrosion resistant container
with a resistant liner.
Dispose of contents/container in accordance with
localfstate4ederal regulations.
Shrieve Chemical Company
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Page 1i8
SAFETY DATA SHEET
1� SULFURIC ACID
1
Rev. Date: 02! 16!2015
,» Shff ievc
3. COMPOSITION ! INFORMATION ON INGREDIENTS
Description to n
Component CAS No. Conc. (%)
Sulfunc Acid 7664-93-9 93-98
Water 7732-18-5 balance
4. FIRST AID MEASURES
.. Inhalation Remove victim from immediate source of exposure and assure that the victim is
breathing. If breathing is difficult, administer oxygen. if available. If victim is not
breathing, administer CPR (cardio-pulmonary resuscitation). Seek medical attention.
Skin In case of contact. immediately wash with plenty of water for at least 15 minules.
Seek medical attention if irritation develops or persists. Remove contaminated
clothing and shoes. Clean contaminated clothing and shoes before reuse
Eye Obtain immediate medical attention. Immediately flush eye with plenty of water for
+� at least 20-60 minutes while holding eyelids open.
Ingestion If victim is conscious and alert. give 2-3 glasses of water to drink and do not induce
vomiting. Seek immediate :medical attention. Do not leave victim unattended. To
prevent aspiration of swallowed product. lay victim on side with head lower than
waist. Vomiting may occur spontaneously. If vomiting occurs and the victim s
conscious, give water to further dilute the chemical.
5. FIRE FIGHTING MEASURES
Extinguishing media Use extinguishing media suitable for surrounding fire
Unsuitable extinguishing None.
media
�. Fire fighting procedures Firefighters should wear NIOSH.IMSHA approved positive pressure breathing
apparatus with full face -piece and full acid -resistant protective clothing. Fight fire
from maximum distance. Reacts violently with water releasirg heat and corrosive
material.
.� Combustion products Oxides of sulfur.
Shrieve Chemical Company Page 2f8
SAFETY DATA SHEET
lr SULFURIC ACID
st,r;evc Rev. Date: 0211&'2015 ..
6. ACCIDENTAL RELEASE MEASURES
Personal Precautions
Personnel handling this material should be thoroughly trained to handle spills and
releases. Do not direct hose streams into an unignited IransportatPon spill (tank truck ..
or tank car),
Personal Protection
Wear protective clothing specified for normal operations (see section 8),
Environmental Protection
Do not flush to drain. Runoff from fire control or dilution water may cause pollution.
Stop leak if it can be done without nsk. Dike spill using absorbent or impervious
Clean up methods - small
materials such as earth, sand or day. Dike or retain dilution water or water from
spillage
firefighting for later disposal.
Clean up methods - large
Stop leak if it can be done without risk. Dike spill using absorbent or impervious
spillage
materials such as earth, sand or Gay. Dike or retain dilution seater or water from
firefighting for later disposal. Pump any free liquid into an appropriate closed
container. Exercise caution during neutralization as considerable heat may be
generated. Carefully neutralize spill with soda ash_ Absorb neutralized spill with an
inert absorbent_ Scrape up and place In appropriate closed container (see Section 7
Handling and Sloragej. .�
7. HANDLING AND STORAGE
Do not breathe vapors and mists. Do not get on skin or in eyes. This product reacts
Handling violently with bases liberating heat and causing spattering_
ra
When diluting an acid. ALWAYS add the acid slowly to water and ste well to avoid
spattering. NEVER ADD WATER TO ACID.
Storage Store In tightly closed containers. Store in an area that is dry, well -ventilated, diked �.
g with impermeable material.
S. EXPOSURE CONTROLS/PERSONAL PROTECTION
Ot[u atonal exposure limits TWA (8 hours)I STEL (15 min) tailing *�
- --
ComponeM�_ List name_ ppm h mg/m3 Other ppm m m3 Other m I mg/m3 Other Notes
Sul/uric Acid US ACGIN ] ;
OSHA P'EL
s
Shrieve Chemical Company Page 318
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SAFETY DATA SHEET
SULFURIC ACID
Rev. Date. 0206-2015
Shricve
Occupational Exposure Provide adequate ventilation. If this product contains ingredients with exposure limits
Standards
personal. workplace atmosphere or biological monitoring may be required to
determine the effectiveness of the ventilation or other control measures andtor the
necessity to use respiratory protective equipment.
Engineering Control
Where engineering controls are indicated by use conditions or a potential for
Measures
excessive exposure exists, the following traditional exposure control techniques may
be used to effectively minimize employee exposures: local exhaust ventilation at the
point of generation.
Respiratory Protection
When respirators are required. select NIOSHJMSHA approved equipment based on
actual or potential airborne concentrations and in accordance with the appropriate
regulatory standards andlor industrial recommendations.
Under normal conditions, in the absence of other airborne Contaminants, the following
devices should provide protection from this material up to the conditions specified by
the appropriate OSHA. WHMIS or ANSI standard(s): Air -purifying (half-maskifull-face)
respirator with cartridges/canister approved for use against acid gases.
Hand Protection
Chemical resistant gloves .
Eye Protection
Eye and face protection requirements will vary dependent upon work environment
conditions and material handling practices. Appropriate ANSI Z87 approved
equipment should be selected for the particular use intended for this material.
Eyre contact should be prevented through use of chemical safety glasses with side
shields or splash proof goggles. An emergency eye wash must be readily accessible
to the work area.
Body Protection
Skin contact must be prevented through the use of permeation resistant clothing,
gloves and footwear. selected with regard for use conditions and exposure potential.
An emergency shower must be readily accessible to the work area. Consideration
must be given both to durability as well as permeation resistance.
9. PHYSICAL AND CHEMICAL PROPERTIES
Appearance & Physical state Colorless, oily liquid
Odor none.
Odor Thresold
pH -value
MeltinglFreezing Point
Initial Boiling Point
Range
Flash Point
Not applicable
1 at 1 % by weight
-36 to -28 C (-33 to -18 F)
151 to 276 C (304 to 529 F) at 760 mmHg
Not applicable
Shrieve Chemical Company
Page 4'B
SAFETY DATA SHEET
SULFURIC ACID
Rev. Date: 02t1612015
Evaporation Rate
Not available
Flammability
Not applicable
UpperlLower Explosion
Not available
Limits
Vapor Pressure
1 to 0 mmHg at 40 C (104 F)
Vapor Density
3.4
Relative density
1.6-1.8 (25.-C)
Density
1.6 to 1.8 g/ml at 25 C (77 Fl,
Solubility
Dispersible in water
Partial coefficient
Not available
(n-octanollwater)
Auto -ignition Temperature
Not available
Decomposition Temperature
Not available
Viscosity
Not available
10. STABILITY AND REACTIVITY
Stability
Stable under normal conttitions of use,
Conditions To Avoid
None known.
Incompatible Materials
Reacis violently with water. Avoid strong redccting agents. 'halogens. bases.
metals and nitrogen compounds.
Thermal Decomposition
Oxides of sulfur
Products
Shrieve Chemical Company
Page 5.�8
SAFETY DATA SHEET
SULFURIC ACID
Rev. Date; 0216,2015
Shrieve
11. TOXICOLOGICAL INFORMATION
Basis for assessment Information given is based on the toxicology literature
Skin irritation No test data found. This product was not tested because strong adds are known
to be corrosive and cause severe tissue destruction.
.. Eye irritation 250 ug124 hr, rabbit, Severely irritating.
Acute toxicity - Dermal NO
LC50 - lethal concentration 50% of test species, 510 mglcu m.+2 hr, rat.
ow Acute toxicity - Inhalation LC50 - lethal concentration 50% of test species, 347 ppmuO hr rat.
Acute toxicity - Oral LD50 - lethal dose 5096 of test species. 2140 mgAg. rat.
Repeated dose toxicity This prc•duct contains substances that are considered to be probably or suspected
human carcinogens. The International Agency for Research on cancer (IARC) has
classified strong inorganic acid mists containing sulfuric acid as a known human
carcinogen (IARC Category 1). This classification applies only to sulfuric acid when
it is generated as a mist- There is still debate in the scientific community whether
the studies reviewed by IARC adequately controlled for confounding occupational
exposures and personal habits such as cigarette smoking and alcohol
consumption. A few epidemiology studies have suggested a possible association
between sulfuric acid exposure and laryngeal or lung cancer; however, in all these
.. studies. workers were exposed to many other chemicals. some of which are
recognized carcinogens. such as diethylsutfate and nickel. Considering the multiple
chemical exposures and other limitations of the studies we disagree with IARC's
conclusion that a cause and effect relationship between cancer and exposure to
... strong inorganic acid mist containing sulfuric acid has been demonstrated.
Mutagenicity NO,
Developmental toxicity ND.
12. ECOLOGICAL INFORMATION
Basis for Assessment
Mobility
Persistence/degradability
_ Bioaccumulation
Freshwater Fish Toxicity
ow
The toxicity of sulfuric acid to fish is dependent on the resulting pH of the water.
lethality at a pH of 5.0 or below, required to cause lethality varies depending on the
hardness of the water (hard water has some buffering capacity) and the species of
fish (some fish are more resistant to the effects of acidity). McKee, JE, and Wolf. HA
(Editors), Water Quality Criteria, 2nd ed., Publication No. 3-A, p. 219. California State
Water Resources Control Board, Sacramento, CA Irev. 1963)
ND
ND
ND
ND
Shrieve Chemical Company
Page 61B
SAFETY DATA SHEET
SULFURIC ACID T
Rev. Date: 3-2.1C 1
Shrievc
Freshwater Invertebrates ND
Toxicity
Acute toxicity - algae ND
Acute toxicity - bacteria ND
13. DISPOSAL CONSIDERATIONS
Waste disposal Chemical additions, processing or otherwise altering this material may make the
waste management information presented in this MSDS incomplete, inaccurate or
otherwise inappropriate. Please be advised that state and local requirements for
waste disposal may be more restrictive or otherwise different from federal laws and
regulations. Consult state and local regulations regarding the proper disposal of this
material
w
Container disposal Drain container and rinse thoroughly. Puncture container to avoid reuse. Dispose to
licensed disposal contractor.
Local Legislation The recommendations given are considered appropriate for safe d±sposal. However, ..
local regulations may be more stringent and these must be complied with.
14. TRANSPORT INFORMATION ..
DOT Classification UN1830. 8. PGII
SULFURIC ACID
Reportable quantity 10G0 LBS
15. REGULATORY INFORMATION
INTERNATIONAL REGISTRATION:
TSCA (USA) All components listed or exempted.
SARA 302130413111312 extremely hazardous substances' Sulfuric Acid. 1000
lbs.
SARA 3021304 emergency planning and notification: Sulfuric Acid
SARA 302130413111312 hazardous chemicals Sulfurc Acid
SARA 3111312 MSDS distribution - chemical inventory - hazard
Identification: SULFURIC ACID. Immediate (acute) health hazard. Reactive
Hazard.
CERCLA: Hazardous substances.. Sulfuric Acid, 1000 lbs.
Shrieve Chemical Company
Page 718
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SAFETY DATA SHEET
SULFURIC ACID
Re-, Date 321F205
Shricvc
16. OTHER INFORMATION
HEALTH HAZARD- 3
FIRE HAZARD: 0
REACTIVITY: 2
Prepared by Audris King
Revisions: 02/18120115: Updated sections 2, 3, 9. Converted to GSH format.
1010i2013. Updated format
The information is based on the data of which we are aware and is believed to be correct as of the data hereof. Since
the information contained herein may be applied under conditions beyond our control and with which we may be
unfamiliar and since data made available subsequent to the date hereof may suggest modification of the information
we do not assume any responsibility for the result of its use. This information is furnished upon condition that the
person receiving it shall make his own determination of the suitability of the material for his particular purpose.
Shrieve Chemical Company
Page 8'8
00
Shrieve Chemical Company, LLC
1442 Lake Front Circle. Suite 500 .o
The Woodlands. Texas 77380
"The following are the exceptions taken by Shrieve Chemical Company, LLC to the Contract f'orow
Supplying Sulfuric Acid Re -Bid (W22066a) Bid Documents for the Town of Jupiter:
Instructions
1. Section 15.1 - Add ", including these exceptions.- alter the phrase "two unsigned
counterparts" in the first sentence of this Section. ..
2. Section 17.1 - Add ", except to the extent of the negligence or misconduct of the Town of
Jupiter, its agents, employees, and elected officers" to the end of the first sentence of this
Section.
3_ Section 20.1 - Delete "five (5) years" and replace with "two (2) years"'.
4. Section 20.1 - Add `'. no more than once per year" to the end of the first sentence of this
Section.
..
S. Bid Proposal (page 14) - Delete the last sentence in the third paragraph and replace with
the following: "The price for the duration of the contract shall be tied to the Green Markets
Tampa sulfur contract posting which is currently $192.00. The price will move up OR
down $.33 for each S 1.00 move in the posting the first day of the month following a posting
change. Price changes are based on ship dates. For accounting purposes sulfur cannot go
below zero:'
6. Bid Schedule of Values - Add the following at the end of the document: "The unit price
listed shall be the initial price of the product. the price shall be tied to the Green Markets
-Tampa sulfur contract posting which is currently $192.00. The price will move up OR -�
down S.33 fur each $1.00 move in the posting the first day of the month following a posting
change. Price changes are based on ship dates. For accounting purposes sulfur cannot go
Wow zero."
7. Proposal (page 16) - Add ". including these exceptions." after the phrase "attached
Agreement/Contract" in the first sentence of the first paragraph of this Section.
8. Proposal (page 16) - Delete the last two sentences in the fifth paragraph and replace with
the following: "The price for the duration of the contract shalt be tied to the Green Markets ...
Tampa sulfur contract posting which is currently $192.00. The price %till move up OR
down $.33 for each $1.00 move in the posting the first day of the month following a posting
change. Price changes are based on ship dates. For accounting purposes sulfur cannot go
below zero."
9. Notice of Intent to Award and Notice of Award -Shall be revised to reflect: "The price for Md
the duration of the contract shall be tied to the Green Markets Tampa sulfur contract posting
which is currently $192.00, The price will move up OR down $.33 for each S 1.00 move in
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..
the posting the first day of the month following a posting change. Price changes are based
on ship dates. For accounting purposes sulfur cannot go below zero."
10. Agreement/Contract Article 5 - Add "The price for the duration of the contract shall be
tied to the Green Markets Tampa sulfur contract posting which is currently $192.00, The
price will trove up OR down $.33 for each $1.00 move in the posting the first day of the
month following a posting change. Price changes are based on ship dates. For accounting
purposes sulfur cannot go below zero.- to the end of the Article.
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From:
Chris Bums
To:
Rebecca Wilder; B 'Ya_ o nv C-eame: Ted Threadoil
Cc:
Chris Burns
Subject:
RE: Review of Shrieve Chemical"s Bid Submission for Supplying Sulfuric Acid Re -Bid (W2206Ba)
Date:
Thursday, June 3, 2021 1:37:24 PM
Attachments:
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Hi Rebecca,
We agree to withdrawing our exceptions to the bid.
Thank you,
Chris Burns
Marketing Manager -Southeast US
Office: 281.367.4226
Cell: 407.927.5544
Shrieve Chemical Company —
Office: 800.367,4226
Mobile: 407.927.5544
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From: Rebecca Wilder <RebeccaW@jupiter.fl.us>
Sent: Thursday, June 3, 202111:28 AM
To: Brittany George <BrittanyG@jupiter.fl.us>; Chris Burns <cburns@shrieve.com>; Ted Threadgill
<tthreadgill@shrieve.com>
Subject: RE- Review of Shrieve Chemical's Bid Submission for Supplying Sulfuric Acid Re -Bid
(W2206Ba)
Caution: External Email
Chris,
Good morning. Please include me on your correspondence as Brittany is out today. We require a
response no later than 2pm so the Town may plan accordingly for its award recommendation. Please
advise at your earliest convenience
Sincerely,
F Rebecca Wilder, PE
Utilities Facilities Manager
Email: R b c aw J4piter.fl. �a
Phone: (561) 741.2635 1 Mobile:(561) 398-
1458
17403 Central Blvd, Jupiter, FL 33458
www.iuniter.fLus_
From: Brittany George
Sent: Wednesday, June 2, 20215:13 PM
To: Chris Burns <cburnsfashrieve.com>; Ted Threadgill <tthreadgilloshrieve.com>
Cc: Rebecca Wilder <RebeccaWC@iuniter.fl.us>
Subject: RE: Review of Shrieve Chemical's Bid Submission for Supplying Sulfuric Acid Re -Bid
(W2206Ba)
Mr. Burns,
We recognize the advantages and disadvantages associated with a fixed -price contract for both
parties. The Contract Documents specify the requirement for quoting firm prices for the term of the
Contract. We value your concerns; however, we cannot negotiate unit prices for a sealed bid. Sealed
bids are intended to provide a fair and competitive procurement process for the Owner and Bidders.
Please let us know Shrieve's decision so the Town may plan accordingly for its recommendation of
" award for this contract.
Thank you,
Brittany George
Special Projects Coordinator
.. * Email: BrittanyGyjllDiter.fl.us
Phone: (561) 741-2270
17403 Central Blvd, Jupiter, FL 33458
I www.Jupiter.fi.us
No From: Chris Burns <rburns0shrieve_com>
Sent: Wednesday, June 2, 20214:04 PM
a, To: Brittany George <BrittanvGPiuWter.fLus>; Ted Threadgill <tthre dgillPshri v com>
on
w
Cc: Rebecca Wilder <RebeccaW@jupiter.fl.us>; Chris Burns <cburns@shrieve.com>
Subject: RE: Review of Shrieve Chemical's Bid Submission for Supplying Sulfuric Acid Re -Bid
(W2206Ba) --
I understand, thank you Brittany. As you can imagine we will be assuming more risk with a fixed
price. Can we agree to a $20.00/ton premium to help mitigate the additional risk?
Thank you,
Chris Burns
Marketing Manager -Southeast US
Office: 281.367.4226
Cell: 407.927.5544
Shrieve Chemical Company
Office: 800.367.4226
Mobile: 407.927.SS44
w
From: Brittany George <BrittanyG� uniter.fl.rr
Sent: Wednesday, June 2, 20213:22 PM .s
To: Chris Burns <cburnsftshrieve.rom>; Ted Threadgill <tthreadeillPshrieve.com>
Cc: Rebecca Wilder <RebpccaWC@iupiter.fLus>
Subject: RE: Review of Shrieve Chemical's Bid Submission for Supplying Sulfuric Acid Re -Bid
(W2206Ba)
Caution: External Email
Chris,
..
Attached is the bid tabulation, which is also available on DemandStar. We value the established
relationship between the Town and Shrieve; however, the Town is unable to accept any exceptions_ _
Please understand that in accordance with the Cone of Silence all correspondence must be kept in
writing. We are happy to discuss any other concerns, but will need to do so by email.
Thank you,
Brittany George
Special Projects Coordinator
MR
MR
.w
OR
..
Email: BrittaMG(bJsJter.fl.us
Phone: (561) 741-2270
17403 Central Blvd, Jupiter, FL 33458
www jupiter.fLus
From: Chris Burns <cburnsrashrieve.com>
Sent: Wednesday, June 2, 20212:53 PM
To: Brittany George <BrittanyGPiuniter.fl.us>; Ted Threadgill <t hr adgillpshrlev corn>
Cc: Rebecca Wilder <RebeccaW(@'upiter.fl.us>; Chris Burns <cburnsl@shriPve.com>
Subject: RE: Review of Shrieve Chemical's Bid Submission for Supplying Sulfuric Acid Re -Bid
(W2206Ba)
Good afternoon Brittany -
Thank you for your note. If you don't mind me asking, is there anything in particular that you would
like removed from the exceptions, or is it an all or nothing requirement? Do you have time to discuss
�. this afternoon? Also, do you have a bid tabulation you can share please?
Regards,
..
Chris Burns
Marketing Manager -Southeast US
Office: 281.367.4226
Cell: 407.927.5544
me
Shrieve Chemical Company
Office: 800.367.4226
Mobile: 407.927.5544
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Mir
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tl�t{
From: Brittany George <RrittanyG Pjupiter.fl.us>
r, Sent: Wednesday, June 2, 20212:47 PM
To: Ted Threadgill <tthreadgiliPshrieve.com>; Chris Burns <cburnspshrieve.com>
Cc: Rebecca Wilder <RebeccaW(@iupiter.fl.us>
.. Subject: Review of Shrieve Chemical's Bid Submission for Supplying Sulfuric Acid Re -Bid (W2206Ba)
r
Importance: High
Caution: External Email
Good afternoon,
Thank you for Shrieve Chemical Company's (Shrieve) response to the Invitation to Bid for Contract
for Supplying Sulfuric Acid Re -Bid (W22066a). Shrieve is the apparent low bidder based on the unit
price values submitted with their bid. However, the Contract exceptions contained in Shrieve's bid
cannot be accepted by the Town and as a result will deem Shrieve's bid submission non -responsive
to the bid requirements. If Shrieve is agreeable to withdrawing the exceptions included in their Bid,
they may do so in writing by an authorized representative within 24-hours of this email. We kindly
request a response from your firm within this timeframe regardless of your decision.
Again, thank you for your submission and your interest in continuing to be a Supplier to ti,e Town.
We look forward to hearing back from you.
Thank you,
AOLBrittany George
Speciat Projects Coordinator
Email: BrittanyCCjupiter.fLus
Phone: (561) 741.2270
VF
0
17403 Centrat Blvd, Jupiter, FL 33458
www.juoiter.fl.us
PLEASE NOTE: Florida has a very broad public records law. Most written communications to or from
the Town of Jupiter officials and employees regarding public business are public records available to
the public and media upon request. Your e-mail communications may be subject to public
disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail
address released in response to a public records request, do not send electronic mail to this entity.
Instead, contact this office by phone or in writing.
aw
M
-- DATE:
TO:
ATT:
Project:
Gentlemen:
Notice of Intent to Award
June 21, 2021
Shrieve Chemical Company, LLC
1442 Lake Front Circle, St- 500
The Woodlands, TX 77350
Ted Threadgill, President
Contract for Supplying Sulfuric Acid Re -Bid (W2206Ba)
,. This is to advise that on June 15, 2021, a recommendation for award of the above referenced Contract was
made to the Jupiter Town Council as a result of your bid submitted on June 1, 2021, in the amount of $215.00
per ton F.O.B for 1 year(s).
T Two (2) sets of Contract Documents are enclosed. Each set contains an unexecuted agreement. Please sign both
sets of the agreement and include a Certificate of Insurance for each agreement, in accordance with the bid
documents. All documents within the agreement should be left un-dated; the Town will date documents upon
execution. After signing each agreement, return both sets with supporting documentation to our office for final
signatures.
.� Your attention is invited to the provision whereby your proposal guarantee may be forfeited in the event the
Agreement with insurance is not executed and delivered to the Owner within fifteen (15) consecutive calendar
days from June 25, 2021.
One fully executed original Agreement/Contract will be provided to you for your files.
Sincerely,
Rebecca Wilder, P.E.
Town of Jupiter
M Utilities Facilities Manager
Town of Jupiter Utilities
�» contract for Supplying sulfuric Acid Re -Bid (w220613a) Page 20
DATE
TO:
ATT:
Notice of Award
June 21, 2021
Shrieve Chemical Company, LLC
1442 Lake Front Circle, St. 500
The Woodlands, TX 77380
Ted Threadgill, President
Project: Contract for Supplying Sulfuric Acid Re -Bid (W22068a)
Gentlemen:
This is to advise you that on June 15, 2021, the Jupiter Town Council approved award of a contract to your firm
for the above referenced project as a result of your bid on June 1, 2021, in the amount of $215.00 per ton F.O,B.
for 1 year(s).
We look forward to partnering with your firm.
Sincerely,
Rebecca Wider, P.E.
Town of Jupiter
Utilities Facilities Manager
Town of Jupiter Utilities
Contract for 5upplying Sulfuric Acid Re -Bid {W220G8ap Page 21
Agreement (Contract) Between Owner and Contractor
This Agreement (Contract) made this day of C�TC Wit' , 2021 by and between the
Town of Jupiter, a public agency of the State of Florida hereinafter designated as the "the TOWN" and "OWNER",
and Shrieve Chemical Company, LLC, 1442 Lake Front Circle, St. 500, The Woodlands, TX 77380, a Corporation,
with FEID number 74-1994891 (FEID number), hereinafter designated as "the SUPPLIER", in consideration of the
mutual covenants hereinafter set forth agree as follows:
ARTICLE 1. WORK.
1.1 SUPPLIER shall complete all Work as specified or indicated in the Contract Documents. The Work is
generally described as follows:
Supply the Town of Jupiter Utilities Water Treatment Plant with sulfuric acid for a period of one year
beginning October 1, 2021 through September 30, 2.022 in accordance with the Base Bid and contract
specifications or supply the Town of Jupiter Water Treatment Plant with sulfuric acid for a period of three
years beginning October 1, 2021 through September 30, 2024 in accordance with the Alternate Bid and
contract specifications.
1.2 The Project for which the Work under the Contract Documents may be the whole or only a part is
generally described as follows: CHEMICAL BID W2206Ba, CONTRACT FOR SUPPLYING SULFURIC ACID
RE -BID FOR THE TOWN OF JUPITER UTILITIES, JUPITER, FLORIDA
ARTICLE 2. GOODS AND SERVICES.
an 2.1 SUPPLIER shall furnish the Goods and other services as specified or indicated in the Procurement
Documents. The Goods to be furnished are generally described as follows.
.. Town of Jupiter Utilities
Chemical Bid W220613a
Contract for Supplying Sulfuric Acid Re Bid
ARTICLE 3. POINT OF DELIVERY.
3.1 The place where the Goods are to be delivered is the point of delivery and is designated as:
Town of Jupiter Water Treatment Plant
17403 Central Boulevard
Jupiter, Florida 33458
ARTICLE 4. CONTRACT TIME.
4.1 The Goods are to be delivered to the point of delivery and ready for OWNER's acceptance of delivery
during the month of October, 2021 as outlined in the specifications, or as agreed on between the Town
and Supplier. Contract shall continue For one (1) year to September 30, 2022 if the Base Bid is awarded,
.. or for three (3) years to September 30, 2024 if the Alternate Bid is awarded.
ARTICLE 5. CONTRACT PRICE.
5.1 OWNER shall pay SUPPLIER for furnishing the Goods and Special Services and for performing other
services in accordance with the Contract Documents in current funds according to the Contract Unit
Price F.O.B_ (per Ton) and the awarded term as presented in the Notice of Award.
Town ofJupiter Utilities
■+ Contract for Supplying Sulfuric Acid Re Bid (w2200a) Page 22
ARTICLE 6. PAYMENT PROCEDURES.
6.1 Payments made by the OWNER will be made via Electronic Funds Transfer (EFT). SUPPLIER will provide
the OWNER with the information required to make EFT payments.
6.2 SUPPLIER shall invoice the Owner after delivery of material and acceptance by Owner.
ARTICLE 7. SUPPLIER'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement,
SUPPLIFR makes the following representations:
7.1 SUPPLIER has familiarized himself with the nature and extent of the Procurement Documents and has
given OWNER written notice of all conflicts, errors or discrepancies that he has discovered in the
Procurement Documents and the written resolution thereof by OWNER is acceptable to SUPPLIER.
7.2 SUPPLIER has familiarized himself with all local conditions and federal, state and local laws, ordinances,
rules and regulations that in any manner may affect the production and delivery of the Goods and
furnishing of Special Services and other services in connection therewith.
7.3 SUPPLIER does not require additional information from OWNER to enable SUPPLIER to furnish the
Goods, Special services and other services at the Contract Price, within the Contract Time and in
accordance with the other terms and conditions of the Procurement documents.
ARTICLE 8. CONTRACT DOCUMENTS.
8.1 The Contract Documents which comprise the entire agreement between SUPPLIER and CONTRACTOR
are attached to this Agreement, made a part hereof and consists of the following:
8.1(a) Index
8.1(b) Advertisement for Bids
—� 8.1(c) Instructions to Bidders
8.1(d) Proposal
8.1(e) Sworn Statement
8.1(f) Notice of Intent to Award
8.1(g) Notice of Award
8.1(h) Agreement (Contract) between OWNER and SUPPLIER
-- S.1(i) Opinion of Town Attorney
8.1(j) Notice to Proceed
8.1(k) Specifications bearing the title: Contract for Supplying Sulfuric Acid Re -Bid (W220613a)
8.1(1) Supplier's Proposal
8.1(m) Any Modifications, including Change Orders, duly delivered after execution of this Agreement.
ARTICLE 9. MISCELLANEOUS.
9.1 No assignment by a party hereto of any rights under or interests in the Contract Documents will be
binding on another party hereto without the written consent of the party sought to be bound; and
— specifically but without limitation, moneys that may become due and moneys that are due may be
assigned without such consent (except to the extent that the effect of this restriction may be limited by
law), and unless specifically stated to the contrary in any written consent to an assignment, no
--• assignment will release or discharge the assignor from any duty or responsibility under the Contract
Documents.
Town of Jupiter Utilities
^— Contract for Supplying Sulfuric Acid Re Bid (W22068a) Page 23
9.2 OWNER and SUPPLIER each binds himself, his partners, successors, assigns and legal representatives to
the other party hereto, his partners, successors, assigns and legal representatives in respect to all
covenants, agreements and obligations contained in the Contract Documents.
9.3 The Inspector General of Palm Beach County has the authority to investigate and audit matters relating
to the negotiation and performance of this Contract and in furtherance thereof may demand and obtain
i records and testimony from the Contractor and its subcontractors and lower tier subcontractors. The
Contractor understands and agrees that in addition to other remedies and consequences provided by
law, the failure of the Contractor or its subcontractors or lower tier subcontractors to fully cooperate
"^ with the Office of Inspector General of Palm Beach County when requested may be deemed by the
municipality to be a material breach of this contract justifying its termination. The Office of Inspector
General in Palm Beach County is established by Palm Beach County Code, Section 2-421 - 2-440. Failure
' to cooperate with the Inspector General or interfering with or impeding any investigation shall be in
violation of Palm Beach County Code, Section 2-421 — 2-440, and be punished pursuant to Section
125.69, Florida Statutes, in the same manner as a second degree misdemeanor.
91 This Agreement is subject to and governed by the laws of the State of Florida, including without
limitation Chapter 119, Florida Statutes, which generally makes public all records or other writings made
by or received by the parties. The Contractor acknowledges its legal obligation to comply with §
119.0701, Florida Statutes-
9.4(a) A request to inspect or copy public records relating to a public agency's contract for services
must be made directly to the public agency. If the public agency does not possess the requested
records, the public agency shall immediately notify the contractor of the request, and the
contractor must provide the records to the public agency or allow the records to be inspected
�+ or copied within a reasonable time.
9.4(b) If a contractor does not comply with the public agency's request for records, the public agency
shall enforce the contract provisions in accordance with the contract.
9.4(c) A contractor who fails to provide the public records to the public agency within a reasonable
time may be subject to penalties under s. 119.10.
9.4(d) 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 561-741-2270,
BRITTANYG@JUPITER.FL.US, OR 210 MILITARY TRAIL, JUPITER, FL 33458.
THIS SPACE IS INTENTIONALLY LEFT BLANK.
4M
PROCEED TO NEXT PAGE.
Town of Jupiter Utilities
�^ Contract for Supplying Sulfuric Acid Re -Bid (w2206Ba) Farc 24
IN WITNESS WHEREOF, the parties hereto have signed two (2) copies of this Agreement. At least one
counterpart each has been delivered to OWNER and SUPPLIER. All portions of the Contract Documents have
been signed or identified by OWNER and SUPPLIER.
OWNER
Town of Jupiter
210 Military Trail
Jupiter, FL 33458
By:
Todd R. Wodraska, Mayor
(TOWN SEAL)
ATTEST
�•)
Laura E. Cahill, Town Clerk
Town of Jupiter Utilities
Contract for Supplying Sulfuric Acid Re -bid IW22468a)
SUPPLIER
Shrieve Chemical Company, LLC
1442 Lake Front Circle, St. 500
The Woodlands, TX 77380
Ted Threadgill, President
(CORPORATE SEAL)
ATTEST -
PRINT NAME AND POSITION Cpy„5� l
Page 25
Opinion of Town Attorney
-- This is to certify that I have examined the attached Contract Documents, that after such examination, I
am of the opinion that such documents conform to the laws of the State of Florida, that the execution of the
Contract and the Contract Bonds is in due and proper form, that the representative of the respective Contracting
Parties have full power and authority to execute such Contract and Contract Bond on behalf of the respective
Contracting Parties and that the foregoing agreements constitute valid and binding obligations on such parties.
�. �.Tho asJ'Baird, E�gwee
Attorney for Town of Jupiter
This the day of 2021.
Town of Jupiter Utilities
Contract for Supplying Sulfuric Acid RP -Sid (W22068a) Page 26
Notice to Proceed (NM
DATE: V 1 �.j Z-� Z� Z l
TO: Shrieve Chemical Company, LLC
1442 Lake Front Circle, St. 500
The Woodlands, TX 77380
ATT: Ted Threadgill, President
PROJECT: Contract for Supplying Sulfuric Acid Re -Bid (W2206Ba)
Town of Jupiter Utilities
Jupiter, Florida
Gentlemen:
One fully executed copy of your Contract is enclosed. The following dates apply:
The commencement date is October 1, 2021.
The contract completion date is September 30, 2022 (1 year from commencement date).
Your attention is invited to the provision whereby you shall start to perform your obligations under this Contract
on the Commencement date, which shall begin the Contract Time. Town of Jupiter Utilities will monitor the
progress of the work and conformance with the Contract.
We look forward to working with you on this project.
Sincerely, k)'L�
1. I 1
Rebe ca Wilder, Rom.
Town of Jupiter
Utilities Facilities Manager
Town of Jupiter Utilities
Contract for Supplying Sulfuric Acid Re -Bid (VN220613a) Page 27
Technical Specifications
for
Contract for Supplying Sulfuric Acid Re -Bid (W2206Ba)
SULFURIC ACID-43%
1, Sulfuric Acid shall be 93% HlSO4 in tank truck quantities of approximately 3,500 gallons.
2. The vendor shall supply a list of no less than five references that can verify use of the product in a
membrane plant in the State of Florida.
3. The manufacturer or vendor shall furnish an affidavit attesting that the sulfuric acid complies with all
applicable specifications referenced within this document.
4. Vendor shall certify sulfuric acid as suitable for contact with or treatment of drinking water by an
accredited certification organization in accordance with ANSI/NSF Standard 60, Drinking Water
Treatment Chernicals Health Effects. Evaluation shall be accomplished in accordance with requirements
that are no less restrictive than those listed in ANSI/NSF Standard 60. Certification shall be accomplished
by a certification organization accredited by the American National Standards Institute. A copy of that
certification shall accompany bid documents.
5. The manufacturer or vendor shall submit to Jupiter Utilities a certified analysis of each shipment. The
analysis shall include % (by weight) H2SO4 content, iron, arsenic, lead, barium, cadmium, chromium,
copper, cyanide, magnesium, mercury, selenium, silver and zinc contents. The iron content of the
material shall not exceed 15 ppm of total iron and the copper content of the material shall not exceed
2.0 ppm of total copper. If the acid does not meet these specifications, the load will be refused at no
expense to the Town.
_ 6. Shipping is by bulk in accord to applicable regulations. Bidder shall assure that each delivery truck is in
A-1 mechanical condition conforming to ]CC Spec, MC-310 and MC-311 for Sulfuric Acid, a hazardous
chemical and will have the following;
a. A capable driver trained in the proper handling of sulfuric acid and the use and operation of the
equipment as evidenced by certification of training. Extreme care should be taken when
handling sulfuric acid. Workers (drivers) trained in the handling are expected to wear proper
protective clothing, goggles, and face shields. Drivers observed disregarding safety procedures
will not be tolerated on Jupiter Utilities Water Treatment Plant.
b. Upon entering the Jupiter Utilities Water Treatment Plant, the Driver is required to observe all
safety policies, rules and approved standard operating procedures. Means of identification on
the vehicle shall be required and net weight of liquid contents shall be determined with certified
T scales readings. These shall be provided to the Jupiter Utilities plant operator on duty prior to
any attempt to make delivery. The typical quantity of delivery is 3,500 gallons and is off-loaded
by compressed air. Delivery trucks shall be capable of offloading a delivery with the truck's
compressed air system. Alternatively, Jupiter Utilities may supply compressed air at the storage
tank site for offloading deliveries
Town of Jupiter Utilities
Contract for Supplying Sulfuric Acid Re -Bid (w220&Ba) page ��
M
c. The supplier shall supply all necessary connectors and hoses required to off load the sulfuric acid
shipment into the Town's bulk storage tanks. Bulk storage tank sizes are as follows: two (2),
3,200-gallon tanks and two (2) 20,000 gallons tanks.
d. Jupiter Utilities staff shall be promptly notified in the event of a chemical spill. Mitigation and
cleanup of any chemical spills due to Driver error or failure of his/her equipment shall be the
"" responsibility of the Driver and shall follow all applicable local, state and federal requirements.
e. Product should be delivered within one (1) week after receipt of order.
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7. Successful vendor shall provide their Standard Operating Procedures for their drivers to the Utilities
Facilities Manager prior to the first delivery. A copy of the current Standard Operating Procedures for
Jupiter Utilities shall be provided to the successful bidder prior to the first delivery. All procedures shall
be reviewed for acceptance and in compliance with the provisions of OSHA, Subpart H, 1910.119, titled
"Hazardous Materials".
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8. Jupiter Utilities will provide the latest information on the facilities OSHA 1910.120 Hazard
Communication Program to the successful bidder. The vendor shall provide a list of approved drivers
with their training record kept current and a copy of their driver's license. The approved drivers list shall
be maintained current.
rN 9. The supplier of this product shall provide the most up to date version of the Safety Data Sheet (SDS).
10. DELIVERY: Town of Jupiter Water Treatment Facility, 17403 Central Blvd, Jupiter, FL 33458.
MR
11. Deliveries shall be accepted between 8:00 a.m. and 4:00 p.m. Monday through Friday excluding Holidays
or as otherwise approved by the Town. Strict observance to the delivery times shall be enforced for the
on duration of the Contract unless it is in the best interests of the Town to accept deliveries before 8:00
a.m. a nd/o r afte r 4:00 p.m.
�+ 12. All quantities listed are estimated and are to be used only as a guide in preparing bids. Quantities
delivered shall be made as requested by the Owner.
OR 13. To be bid F.O.B. Delivered to Jupiter Water Treatment Facility.
14. Escalation/de-escalation for freight will be permitted under this Contract. The request must be made in
writing, to the Town, at least 50 days prior to the rate becoming effective. Proof justifying the change
of rate shall be furnished with the written request.
P, 15_ No escalation will be permitted for the cost of chemicals for the duration of the Contract.
F"
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Town of Jupiter Utlllties
W4 Contract for Supplying SulfuricAcldRe-aid [W22o5ga) page29
— Exhibit A
Insurance Requirements
The Supplier shall maintain, or cause to be maintained, the following specified insurance coverage's in
the amounts set forth hereafter duringthe full period of the Contract, which must include the following
coverage's and minimum limits of liability:
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE for all employees of the Supplier
for Statutory Limits in compliance with the applicable state and federal laws. Notwithstanding the
number of employees or any other statutory provisions to the contrary, coverage shall extend to all
employees of the Supplier and all subcontractors.
COMMERICAL GENERAL LIABILITY- with the minimum limits of $1,000,000 Per Occurrence/$2,000,000
General Aggregate, Combined Single Limit for Bodily Injury Liability, Property Damage Liability,
Premises and Operations, Independent contractors, Products and Completed Operations, Broad Form
Property / Personal Injury, XCU coverage, and a contractual Liability Endorsement.
BUSINESS AUTO LIABILITY with minimum limits of $1,000,000.00, Per Occurrence, Combined Single
Limit for Bodily Injury and Property Damage Liability. This shall be an "any -auto" policy including
Owned, Hired, Non -Owned, and Employee Non -Ownership Coverage.
PROFESSIONAL LIABILITY with minimum limits of 1,000,000.
The Town shall be included as an Additional Insured under the General Liability and Automobile Liability
policies. Current valid insurance policies meeting the requirements herein identified shall be
maintained during the duration of the Contract. There shall be a thirty (30) day notification to the
Town, in the event of cancellation or modification of any stipulated insurance policy. It shall be the
responsibility of the Contractor to ensure that all subcontractors are adequately insured or covered
under their policies.
All Certificates of Insurance shall be kept on file with the Town, and approved by the Town prior to the
commencement of any work activities. The Town may at its discretion, require the Supplier to provide
a complete certified copy of the insurance policy(s). If this Contract includes the installation of
machinery and/or equipment into an existing structure, the Commercial General Liability policy must
include an endorsement covering same, including installation and transit.
The required insurance coverage shall be issued by an insurance company duly authorized and licensed
to do business in the State of Florida with the following minimum qualifications in accordance with the
latest edition of A.M. Best's Insurance Guide: Financial Stability: B+ to A+.
All required insurance shall preclude any underwriter's rights of recovery or subrogation against the
Town with the express intention of the parties being that the required coverage's protect both parties
as the primary insurance for any and all losses covered by the above described insurance.
Town of Jupiter Utilities
Contract for Supplying Sulfuric Acid Re -Bid fw2206Baj Page 30
FM
PR The clauses "Other Insurance Provisions" and "insured Duties in the Event of an Occurrence, Claim, or
Suit" as they appear in any policy of insurance in which the Town is named as an additional named
insured shall not apply to Town.
Violation of the terms of this Section and its sub -parts shall constitute a material breach of the Contract
by the Supplier and the Town, at its sole discretion, may cancel the Contract and all rights, title and
interest of the Supplier shall thereupon cease and terminate.
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P" Contract for Sup pNfngSulfurkcAcid Re -Old {W2206Ba) Page31
CI lent#: 697885 SHRIECHE
DATE IMNIOCNY"
ACORD- CERTIFICATE OF LIABILITY INSURANCE OSJOQJ2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER- THIS
CERTIFICATE GOES 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 PROOUCI-R, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the poilcy(ias) must have ADDITIONAL INSURED provislons or be endorsed.
If SUBROGATION IS WANED, subject to the terms and conditions of the policy, Certain policies may require an endorsement A statament on
this certificate does not confer any rights to the certificate holder in Ileu of such endorsemont(s).
PRODUCER c..0NTEAcT Missy Whlttington
USI Southwest PlbbNfl - -- T13 4904SB (= NaJ: 484-B524183
Air, Ne, 2M _ IAIC,
9811 Katy Freeway, Suite 500 -nos. missy.whittington@usl.com
Houston, TX 77024 INSUREW) AFFORDING CDYERa6P NAIC a
713 490-4600 INSURERA; bortshore Specialty Insurance Co ----- 26"S
.IUSUREo -- - - - --- - - :NsuRER is: Texas Mutual Insurance Company -- - — -- 2244S
Shreve Chemical Company LLC
1442 Lake Front Circle, Suite 500
Woodlands, TX 77380
C : Argonaut Insurance Company 19601
INSURER D
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V THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERICO
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 TINE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES- LIMBS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
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CESCRIPrMN OF OPERATIONS ILoCATIONSI VEWCL50 (ACORD 101. Addglonsl RNWA*s Schad uls, may Go stlnchsd I}men spew Is nqul,od}
General Liability and Excess Liability policies include Products Pollution, Exposure Liability, Time
Element Pollution Liability, Man -Owned Site Pollution Liability, Transportation Pollution and Contractors
Pollution Liability.
(See Attached Descriptions)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCR-LE0 BEFORE
Town of Jupiter TmE: ExpIRATIDN DATE THEREOF, 110TICE VIALL BE DELIVERED 0y
Attn: Utilities ACCORDANCE WITH THE POLICY PROVISIONS.
210 Militwy Trail
Jupiter, FL 33458 A1JiNORIZE0 REPRESENTATIVE
0198E-2015 ACORD CORPORATION. All right reserved.
ACORD 25 (2016105) 1 Of 2 The ACORD Hama and logo ana rogWored marks of ACORD
#S319478351MI31947560 SACT
DESCRIPTIONS (Continued from Page 1 )
Certificate Holder is provided with an Additional Insured status on General Liability and HlredlNon-Owned
Auto Liability on a Primary and Non -Contributory basis when required by written contract as named in the
contract,
Certificate Holder is provided with a blanket Waiver of Subrogation on General Liability and Hired/Non
Owned Auto Liability and Workers Compensation policies when required by written contract as named in the
contract.
General Liability and HiredlNon-(awned Auto Liability Include Notice of Cancellation for 90 daysMO days for
nonpayment.
Excess Liability policy is Follow -Farm over General Liability, Pollution Liability, Hired/Non-Owned Auto
Liability and Employers Liability of the Workers Compensation pollcles.
Hired/Non-Owned Auto Liability is provided as there are no owned vehicles.
Named Insured, continued: Shrieve Chemical Servicas-US, LLC; Miami Chemical
aer-irre in s1on4eie:s a tee.
05319479351M31947560
Exhibit B
Matthew Hammond
From:
Nathan Litteral
Sent:
Tuesday, October 5, 2021 4:37 PM
To:
Janet McCorkle; Matthew Hammond
Subject:
FW: Tequesta WTP 2021/2022 Acid pricing
Please see below regarding direct permission to piggyback
From: Chris Burns <cburns@shrieve.com>
Sent: Tuesday, October 5, 20214:34 PM
To: Nathan Litteral <nlitteral@tequesta.org>
Cc: Cindy Bertalotto <cbertalotto@shrieve.com>; Chris Burns <cburns@shrieve.com>
Subject: [EXTERNAL] RE: Tequesta WTP 2021/2022 Acid pricing
'This Email was sent from an external source. Please be mindful of its content"
Nate -
Per our conversation, we agree to the piggyback of the Town of Jupiter sulfuric acid contract (effective 1011121 —
9/30/22).
Thank you,
Chris Burns
Marketing Manager -Southeast US
Office: 281.367.4226
Cell: 407.927.5544
Shrieve Chemical Company
Office: 800.367.4226
Mobile: 407.927.5544
From: Chris Burns <cburns@shrieve.com>
Sent: Tuesday, October 5, 2021 10:31 AM
To: Nathan Litteral <nlitteral@tequesta.org>
Cc: Chris Burns <cburns@shrieve.com>; Cindy Bertalotto <cbertalotto@shrieve.com>
Subject: RE: Tequesta WTP 2021/2022 Acid pricing
1
Hi Nate -
We can do that. Price is $215.00 per 'asis' ton delivered, or $1.65/gallon. What unit do you prefer? Can we invoice in
'tons'? Can you please remind me of projected annual usage?
Thank you,
Chris Burns
Marketing Manager -Southeast US
Office: 281.367.4226
Cell: 407.927.5544
Shrieve Chemical Company
Office: 800.367.4226
Mobile: 407.927.5544
From: Nathan LitteraI <r - >
Sent: Monday, October 4, 2021 12:36 PM
To: Chris Burns <_buc,3 -->
Subject: RE: Tequesta WTP 2021/2022 Acid pricing
Hi Chris,
Hope you're doing well.
When you have a chance, could I get a statement from you or the Shrieve office that gives definitive permission to
piggyback
the newly approved City of Jupiter purchase agreement?
I already have everything I need from the Jupiter Finance Office regarding the executed contract.
Thanks in advance,
Nate
2
Vathan eittexaB
`viPEage of :l equeata
Watet Want swpeainteruient
90 N. (red `.Dixie J&t* I ;l equeita, a C 33469
Off. 561-768-0493 Email: nlitteral@teguesta.org
Cell 561-262-1084
From: Chris Burns <cburns@shrieve.com>
Sent: Thursday, September 16, 2021 9:21 AM
To: Nathan Litteral <nlitteral@teguesta.org>
Cc: Chris Burns <cburns@shrieve.com>
Subject: [EXTERNAL] RE: Tequesta WTP 2021/2022 Acid pricing
`*This Email was sent from an external source. Please be mindful of its content"
Hi Nathan -
Just wanted to see if you had any feedback on the path you will be taking for sulfuric acid supply?
Thanks,
Chris Burns
Marketing Manager -Southeast US
Office: 281.367.4226
Cell: 407.927.5544
Shrieve Chemical Company
Office: 800.367.4226
Mobile: 407.927.5544
From: Nathan Litteral <nlitteral@tequesta.or >
Sent: Friday, August 13, 2021 4:42 PM
To: Chris Burns <cburns@shrieve.com>
Subject: RE: Tequesta WTP 2021/2022 Acid pricing
Thanks Chris, I will pass on to my Director...
Regards
3
From: Chris Burns <cburns@shneve.com>
Sent: Friday, August 13, 2021 10:36 AM
To: Nathan Litteral <niitteralgteguesta.orn>
Cc: Chris Burns <_burns@shrieve.com>
Subject: [EXTERNAL] RE: Tequesta WTP 2021/2022 Acid pricing
"*This Email was sent from an external source. Please be mindful of its content"
Hi Nate -
Our contract with Town of Jupiter starts around 10/1. Price is $215.00/ton or $1.65/gallon. This is fixed for a year.
Perhaps you could piggyback on this?
Thanks,
Chris Burns
Marketing Manager -Southeast US
Office: 281.367.4226
Cell: 407.927.5544
Shrieve Chemical Company
Office: 800.367.4226
Mobile: 407.927.5544
From: Nathan Litteral <nlitteral@tequesta.org>
Sent: Tuesday, August 10, 2021 1:08 PM
To: Chris Burns <cburns@shrieve.com>
Subject: Tequesta WTP 2021/2022 Acid pricing
Hello Chris,
As per our previous conversation, we are planning for our 2022 Operations Budget and are in need of obtaining pricing
for materials (93% Sulfuric Acid) into
the 2022 Fiscal year.
Also, if there is a similar Florida municipal or county agency we could piggyback off of, that would streamline our
purchasing process as well.
Thanks in advance,
4
Nate
J affma Ra&u e
`UiPeage of Sequesta.
Watex Want su petunteiuient
9CI ✓V. (fed Dixie Mtmj I J egae3ta., ..e 33469
Off. 561-768-0493 Email: nlitteral@tequesta.org
Cell 561-262-1084
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