HomeMy WebLinkAboutDocumentation_Regular_Tab 19_2/9/2023Agenda Item #19.
Regular Council
STAFF MEMO
Meeting: Regular Council - Feb 09 2023
Staff Contact: Marjorie Craig, Utilities Director Department: Utilities
Consider Approval of Palm Beach County Piggyback Agreement and $37,000 Requisition with Shrieve
Chemical Company, LLC, for the Purchase of Sulfuric Acid for Water Treatment
SUMMARY:
Village of Tequesta Utilities Department recommends approval of a piggyback purchase contract from Palm
Beach County for sulfuric acid (H2SO4) at a cost of $2.13/gallon to pretreat raw water before the reverse osmosis
(RO) plant membrane process, and a requisition for $37,000.
Sulfuric acid is used in the water treatment process to lower the PH of the raw water to the RO membranes. The
source waterfor the RO plant comes from the upper Floridan aquifer, which contains compounds such as calcium
carbonate and hydrogen sulfide along with other constituents in the untreated groundwater. These are removed
from the water through the RO membranes. Sulfuric acid also aids in the removal of hydrogen sulfide in the post-
treatment degasifier system.
The Village will need approximately 17,000 gallons through the remainder of the fiscal year. Shrieve Chemical
is offering a unit pricing of $2.13/gallon, which is 3 cents higher than the previous price of $2.10/gallon.
Please see the following budget breakdown for production treatment chemicals from the water fund account 401-
242-552.342:
Water
FY23 Budget
FY23 Projected/
Encumbered/
Paid/ + Projected
This Request
Current
Chemicals
Adjust Budget
g
Invoices
Remaining
Sodium
hypochlorite
$65,000
$93,750
$92,452.50
$0
$1,297.50
Hydrogen
peroxide
$87,000
$87,000
$17,452.80
$0
$69,547.20
Caustic soda
(sodium
$79,000
$103,500
$103,500.00
$0
$0.00
hydroxide)
Antiscalant
$20,000
$20,000
$2,494.00
$0
$17,506.00
Sulfuric acid*
$46,000
$46,000
$6,659.48
$37,000
$2,340.52
Anhydrous
$9,000
$9,000
$2,100.50
$0
$6,899.50
ammonia
Miscellaneous
$2,000
$2,000
$35.96
$0
$1,964.04
chemicals
TOTAL
$308,000
$361,250.00
$224,695.24
$37,000.00
$99,554.76
*this request (purchase of sulfuric acid)
Utilities Staff recommends approving Shrieve Chemical piggyback purchase agreement and purchase requisition
for $37,000.
This document and any attachments may be reproduced upon request in an alternative format by
completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-
0443.
Page 309 of 1094
Agenda Item #19.
PROJECT NAME: Shrieve
Chemical Company
Proposed:
$37,000.00
BUDGET: $46,000.00 ENCUMBERED: $6,659.48
Projected Remaining:
$2,340.52
2023.2 Shrieve Agreement Sulfuric Acid Solution Contract
2023.2 Shrieve Agreement Exhibit A v2
2023.2 Shrieve Agreement Exhibit B
Page 310 of 1094
Agenda Item #19.
VILLAGE OF TEQUESTA
AGREEMENT FOR SULFURIC ACID 93% SOLUTION
THIS AGREEMENT FOR SULFIRIC ACID 93% SOLUTION is entered into
and effective this day of , 2023, 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, LLC a Texas Limited Liability
Company, with principal offices located at 1442 Lake Front Circle, STE 500, The Woodlands, TX
77380, authorized to do business within the State of Florida 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 bulk sulfuric acid 93% solution as needed by the village. The
Parties agree to enter into this Agreement and piggyback for bulk sulfuric acid 93% solution at the
unit prices described in the Palm Beach County Sulfuric Acid 93% Solution Contract awarded
through IFP #22-071R/MB. Said contract, including its terms, conditions, specifications, and
attached exhibits/amendments, are hereby fully incorporated into this Agreement and attached
hereto as Exhibit "A". Authorization to piggyback on the contract and amendments is hereby
fully incorporated into this agreement and attached hereto as Exhibit "B".
2. COMPENSATION: In consideration for the above Scope of Services, pricing
shall be pursuant to the unit prices provided in Exhibit "A". The Parties hereby agree to the
Village's purchase of supplies and/or services in greater or lesser amounts than estimated in the
Palm Beach County Sulfuric Acid 93% Solution Contract #IFP-22-071R/MB, as referenced by the
proposal in Exhibit "A". The goods or services shall be delivered in a manner, location, and time
as deemed acceptable to the Village the "Performance Date."
3. CHANGE ORDERS: Seller is aware that price and time are of the essence in this contract
and that prompt and timely performance of all such obligations is strictly required. If conditions
change that would require an increase in price, scope, or time for performance Seller must notify
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Page 311 of 1094
Agenda Item #19.
the Village in writing detailing the conditions that have changed and requesting a change order to
the contract within 30 days prior to the performance date "Change Order Deadline". Change orders
submitted after the change order deadline will not be considered. Seller shall not proceed with any
change to its obligations under a change order request unless documented in a Change Order
executed by both Parties. If Seller requests a change order prior to the change order deadline
Village at its discretion may accept the change order as is or with modifications, deny the change
order, re -advertise and re -solicit providers for the required goods or services or terminate this
contract. If the Village elects to re -advertise and re -solicit the need for goods or services the Village
will have 30 days "Solicitation Period" in which to accept the contemplated change order or
terminate this contract. At any time after execution of this Agreement but prior to Seller's delivery
of the Goods, the Village reserves the right at its discretion to change, modify, revise add, or
remove any part of its order for the Goods as described by this Agreement and any Exhibits, if
applicable. If any such change to the Village's order causes an increase or decrease in the cost of
the Goods or causes a change in the time required for delivery of the Goods, the Village shall make
an equitable adjustment in the contract price, the delivery schedule, or both. Any change to the
Village's order for the Goods and any subsequent equitable adjustment to the terms of this
Agreement shall be effectuated through a written Amendment to this Agreement as executed by
both Parties pursuant to Section 15. of this Agreement.
4. TERM; TERMINATION; NOTICE: Pursuant to the Palm Beach County Sulfuric
Acid 93% Solution Contract, the original contract term will expire on October 17th, 2023. This
Agreement may be terminated by either party upon 30 days written notice to the other party. 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, LLC
345 Tequesta Drive
1442 Lake Front Circle, Suite 500
Tequesta, FL 33469-0273
The Woodlands, TX, 77380
Attn: Utilities Department
Page 2 of 8
Page 312 of 1094
Agenda Item #19.
5. 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.
6. 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 be under no obligation to indemnify the Village, its agents, servants, and
employees from and against any claim, demand or cause of action of whatsoever kind or nature to
the extent such claim, demand, or cause of action was caused by or caused from the negligence or
misconduct of the Village, its agents, servants, or employees.
7. 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.
8. 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 agree 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.
9. INSPECTOR GENERAL: Pursuant to Sections 2-4212-432 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
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Page 313 of 1094
Agenda Item #19.
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.
10. 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 sub -consultants an affidavit
stating that the sub -consultant 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 sub -consultant for, at a minimum,
the 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(l ), Florida Statutes, as may be
amended, the Village shall notify the Contractor to terminate its contract with the sub -consultant
and the Contractor shall immediately terminate its contract with the sub -consultant. 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.
11. 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
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Page 314 of 1094
Agenda Item #19.
$1M, 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.
12. 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.
13. 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
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; natural or public health
emergencies; labor disputes; freight embargoes; and abnormally severe and unusual weather
conditions.
14. 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.
15. 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.
16. 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
Page 5 of 8
Page 315 of 1094
Agenda Item #19.
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
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) 768-0685, OR AT
lmcwilliams(ateguesta.or, OR AT 345 TEQUESTA DRIVE, TEQUESTA,
FLORIDA 33469.
17. HEADINGS: The headings contained in this Agreement are provided for
convenience only and shall not be considered in construing, interpreting or enforcing this
Agreement.
18. SEVERABILITY: The invalidity or unenforceability of any provision of this
Agreement shall not affect the validity or enforceability or any other provision of this
Page 6 of 8
Page 316 of 1094
Agenda Item #19.
Agreement and this Agreement shall be construed and enforced in all respects as if the invalid
or unenforceable provision is not contained herein.
19. 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.
20. ENTIRE AGREEMENT: This eight -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. In the event of a conflict between this and any other document,
this document shall prevail.
22. AUTHORITY TO OBLIGATE: Each person signing this agreement on behalf
of either Party warrants that he or she has the full legal power to execute this agreement on behalf
of the Party for whom he or she is signing and bind and obligate such party with respect to all
provisions contained in this agreement.
[REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK]
Page 7 of 8
Page 317 of 1094
Agenda Item #19.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date and year first above written.
WITNESSES:
ATTEST
Lon McWilliams, MMC
Village Clerk
SHRIFVF CHEMICAL COMPANY, LL.0
By
(Corporate Seal ►
VILLAGE OF TEQUEST.A
By: Molly Voung, Mayor
Pagc 8 of 8
(Seal)
Page 318 of 1094
EXHIBIT A
NC C County Administrator
Robert S. Weinroth, Mayor , * 0 'Verdenia C. Baker
Gregg K. Weiss, vice Mayor
Dave Kerner
Maria G. Marino • •
Maria Sachs
Melissa McKinlay f RI'D Purchasing Department
Mack Barnard wvwv.pbcgov.orglpurchasing
BOARD OF COUNTY COMMISSIONERS
NOTICE OF SOLICITATION
IFB 22-071RIMB
SULFURIC ACID 93% SOLUTION, BULK DELIVERY, PURCHASE OF, TERM CONTRACT
(RE -BID)
BID SUBMISSION DATE: SEPTEMBER 8.2022 AT 4;00 P.M.
It is the responsibility of the bidder to ensure that all pages are included. Therefore, all bidders are advised to
closely examine this package. Any questions regarding the completeness of this package should be
immediately directed to Palm Beach County Purchasing Department at (561) 61 -b300.
BIDDERS SHALL PROVIDE A RESPONSE IN A SEALED PACKAGE CAR CONTAINER SIGNER BY AN
AGENT OF THE COMPANY HAVING AUTHORITY TO BIND THE COMPANY OR FIRM. FAILURE TO DO
O SHALL BE CAUSE FOR REJECTION OF YOUR BID.
Protests can be accepted only during the five () lousiness day posting period.
+U T 1 0 N
In order to do business with Palm Beach County, vendors are required to create a Vendor
Registration Account FOR activate an existing Vendor Registration Account through the Purchasing
Department's Vendor Self Service (VSS) system, which can be accessed at https:llpbcvssp.co.r)alm-
bea h.fl.usswebaprplvssp)Alt'Se[fService. IF BIDDER INTENDS TO USE SUBCONTRACTORS,
BIDDER MUST AL O ENSURE THA TALL SUBCONTRACTORS ARE REGISTERED AS VENDORS IN
VSS. ALL SUBCONTRACTOR AGREEMENTS MUST INCLUDE A CONTRACTUAL PROVISION
REQUIRING THAT THE SUBCONTRACTOR REGISTER IN VSS. COUNTY WILL NOT FINALIZE A
CONTRACT AWARD UNTIL THE COUNTY HAS VERIFIED THAT THE BIDDER AND ALL OF ITS
SUBCONTRACTORS ARE REGISTERED IN VSS.
As they are issued, all amendments to solicitations will be posted under the applicable solicitation
on our VSS system. It is the vendor's sole responsibility to routinely check our VSS system for any
amendments that may have been issued prior to the deadline for receipt of bids.
Palm Beach County shall not be responsible for the completeness of any Invitation for Bid that was
not downloaded from our VS system or obtained directly from the Purchasing Department.
In accordance with the provisions of ADA,
this document may be requested in an alternate format.
Page 319 of 1094
Agenda Item #19.
Page
BOARD OF COUNTY COMMISSIONERS
Palm Beach County
INVITATION FOR BID
IFB #22-071RfMB IFB TITLE: Sulfuric Acid 93% Solution, Bulk Delivery, Purchase of, Term
Contract (Re -Bid)
PURCHASING DEPARTMENT CONTACT: Marva Brown, Senior Buyer TELEPHONE NO.: (561) 616-6815
FAX NO.: (561) 242-6715 E-MAIL ADDRESS: mbrownnPbcaov.orsl
All bid responses must be received on or before September 8, 2022, no later than 4:00 p.m., Palm Beach County local time_ SUBMIT
BID TO: Palm Beach County Purchasing Department; 50 South Military Trail, Suite 110, Nest Palm Beach, FL 33415-3199.
This Invitabon for Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Attachments, Amendments
(if issued), and 1 or any other referenced) document form a part of this bid solicitation and response thereto, and by reference are
made a part thereof. The selected awardee shall be bound by all terms, conditions and requirements in these documents.
PURPOSE AND EFFECT: It is the purpose and intent of this solicitation to secure bids for itern(s) and I or services as listed herein.
The selected award es is hereby placed on notice that acceptance of its bid by Palm Beach County shall constitute a binding contract.
GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS
GENERAL CONDITIONS
1. GENERAL INFORMATJON
Bidders are advised That this package constitutes the complete set of
specification", terms, and conditions which forms the binding contract between
Palm Beach County and the sumessful bidder. Changes to this Invitation for Bid
may be made on by written amendment issued by the County Purchasing
Department. Bidders are further advised to closely exam ine every section of this
document, to ensure that all sequentially numbered pages are present, and to
ensure that It is fully uMerstood_ Questions or requests for explanations or
interpretations of this document must be submIlted to the Purohssing
Department contact in writing in sufficient time to permit a written response prior
to the published bid submission time. Oral explanations or instructions given by
any County agent are not binding and should not be interpreted as altering any
provision of this document. Bidder certifies that this bid is made without reliance
on any oral representations made by the County -
The County's performance and obligation to pay under the contract is
contingent upon an annual appropriation by the Board of County
Commissioners ("Board") for subsequent fief years-
2. LEGAL REQUIRLMENTS
a_ COMPLIANCE VATH LAWS AND CODES: Federal, State,
County and local laws, ordinances, rules and regulations that in any
manner affect the items covered herein apply. Lack of knowledge
by the bidder shall in no way be a cause for relief from
responsiblilty. The successful bidder shall strictly comply with
Federal, Stale and local bultding and safety oodles. Equipment
shall meet all State and Federal Safety regulations. Bidder certifies
that all products (materials, equipment, processes, or other items
supplied in response to this bid) contained in its bid meets al I ANSI,
NFPA, and all other Federal and State requirements. Bidder
further certifies that, if it is the successful bidder, and the product
delivered is subsequently found to be deficient in any of the
aforementioned requirements in effect on date of delivery, all costs
necessary to tiring the product Into compliance shall be borne by
the bidder_
Any toxic substance provided to the County as a result of this
solicitation or resultant contract shall be accompanied by its Safety
Data Sheet (SDS).
Tho Unlfom7 mmercial Code (Florida .Statutes, Chapter 672) shall
prevail as the basis for contractual obligations between the successful
bidder and Palm Beach County for any terms and conditions not
specifically stated in the Invitation for Bid.
b. COMMERCIAL NON-DISCRIMINATION:
Itern 1: Bidder's Represerrtatiarrs and Agreement,
The Bidder represents and warrants that it will comply with the Count}(&
Commercial Nondiscrimination Policy as described in Resolution 2017-
1770 as amended. As part of such compliance, the Bidder shall not
disoriminate on the basis of race, color, national origin, religion,
anoestry, sex, age, rnarlial status, familial status, sexual orioenlation,
gander identity or expression, disability, or genetic information in the
solicitation, selection, hiring or commercial treatment of subcontractors,
vendors, suppliers, or commercial customers, nor shall the Bidder
retaliate against any person for reporting instances of such
dlsoriminatlon. The Bidder shall provide equal opportunity for
subcontractors, subconsultants vendors and suppliers to participate in
all of its public sector and private sector subcontracting and supply
opportunities, provided that nothing contained in this. clause shall
prohibit or limit. otherwlse lawfui efforts to remedy the effects of
marketplace discrimination that have occurred or are occurring in tiro
County's relevant marketplace in Palm Beach County. The Bidder
understands and agrees that a material violation of this clause shall be
considered a material breach of contmot and may result in teiminatlon
of the contract, dlsquallficattlon or debarment of the Bidder from
participating in County contracts, or other sanctions. This clause is not
enforceable by or for the benefit of, and creates no obligation to, arty
third party.
Korn,2: Bidder's Agreement to Apply to Suhoantracts
The bidder covenants and agrees to include the commercial non-
cllsoriminatlon clause In all sukootractor agreements,
c. DISCRIMINATION PROHIBITER, Palm Beads County is committed to
assuring equal opportunity in the award of contracts and complies with
all laws prohibiting discrimination. Pursuant to Palen Beach County
Resolution R-2D17-1770, as may be amended, the successful bidder
warrants and represents that throughout eonA �f I
including any renewals thereof, all of its ern tr/lr� �d
Agenda Item #19.
Page 3
during amployment without regard to race, color, religion, disability, sex,
age, national origin, ancestry, marital status, familial status, sexual
orientation, gender identity or expression, or genetic information.
Failure to meet this requirement shall be considered a default of
contract.
d. INDEPENDENT CONTRACTOR RELATIONSHIP: The successful
bidder is, and shall be, in the performance of all work, services, and
activities under the Contract, an Independent Contractor and not an
employee, agent, or servant of the County. All persons engaged in any
of the work or services performed pursuant to [he Contract shall at all
times, and in all places, be subject to the successful bidders sole
direction, supervision, and curitrol. The suoc essful bidder shall exerrdse
control over the means and manner in which It and its employees
perform the work, and in all respects the successful bidder`s relationship,
and the relationship of its employees, to the County shall be that of an
I ndependent. Contractor and not as employees or agents of the County,
�. CREMINAL HISTORY RECORDS CHECK ORDINANCE_ Pursuant to
Palm Bomach County Code Section 2-371 th rough 2-377. the Palm Beach
County Criminal History Records Check Ordinance ("Ordinance"), the
County will conduct fingerprint basest criminal history record checks on
all persons not employed by the County who repair, dellver, or provide
goods or services for, to, or on behalf of the County. A fingerprint based
criminal history record check shall be conducted on all employees of
vendors, contractors, and subcontractors of contractors, including repair
persons and delivery persons, who are unescorted when entering a
facility determined to W eithe. r a rxitIcal faclllty (Critical Facilities") or a
criminal justice information facility CCJI Facilities"), which are critical to
the public safety and security of the County_ County facilities that require
this heightened level of security are identified in Resolution R-2003-
1274, as amended. In October 2013, compliance with the requirements
of the U_ S. Federal Bureau of Irrrestigations CJI Security Policy was
added to the Ordinance, which includes a broad list of disqualifying
offenses. The bidder is solely responsible for understanding the
financial, schedule. and I or staffing implications of this Ordinance,
Further, the bidder acknowledges that Its bid price Includes any and all
direct or indirect cots associated with compliance tiwith this Ordinance,
except for the applicable FOLE 1 FBI fees that shall be paid by the
County,
If. PUBLIC €NTfTY CRIMES: F_S. 287.133 requires Palm Beach County
to notify all bidders of the following= "A person or affiliate who has been
placed on the convicted vendor list following a correction for a public
entity Crime may not submit a bid on a contract with a public entity for
the construction or repair of a public building or public work, may not
submit bids on leasers of real property to a public entity, may not be
awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact
business wilh any public entity in excess of the threshold amount
provided in F.5. 2137.017 for CATEGORY TWO for a period of 36 months
from the date of being placed on the convicted vendor list_"
J- NON -COLLUSION, Bidder ceniflee that It has entered into no
.agreement to commit a fraudulent, deceltful, unlawful, or wrpimgful act,
or any act which may result in unfair advantage for one or more bidders
over other bidders. Conviction for the Commission of any fraud or act
of collusion in connection with any sale, bid, quotation, proposal or other
act Incident to doing business with Palm Beach County may result In
permanent debarment_
No premiums, rebates or gratuities are permitted; either with, prior to or
after any dell+vety of material or provision of services. Any such violation
may result In award cancellation, return of materials, dlscontlnuatlon of
services, and removal from the vendor bid lists), and d or debarment or
suspension from doing business with Palm Beach County.
he LOBBYING' Bidders are advised that the "Palm Beach County Lobbyist
Registration Ordinance" prohibits a bidder or anyone representing the
bidder from communicating with any County Commissioner, County
Commissioner's staff, or any employee authorized to acton behalf of the
Commission to award a particular contract regarding its bid, i.e., a "Cone
Of Silenw-
The `Cone of Silence" is in effect from the date r time of the deadline for
submission of the bid', and terministes at the time that the Board or a
County Department authorized to act on their behalf, awards or
approves a contract, rejects all bids, or othenotise takes action 'which
ends the solicitation process_
Bidders may, however, contact any County Commissioner, County
Commissioner's staff, or any employee authorized to act on behalf of the
Commission to award a particular oontract, via written communication.
I.e„ famir0e, e-mail or U-S. mall_ Vlola0ons of the "Cone of Silence"
are punishable by a fine of $250.00 per violatlon.
i. C0NFLICT OF INTEREST- Ail bidders shall disclose with their bid the
name of any officer, director, or agent who is also an employee or a
relative of an employee of Palm Beach County, Further, all bidders slmall
discllosc the name of any County employee or relative of a County
employee who owns, directly or indirectly, an interest of ten percent or
more in the bidder's firm or any of its branches,
j SUCCESSORS AND ASSIGNS: The County and the successful bidder
each binds itself and its successors and assigns to the other party in
respect to all provisions of the Contract_ Neither the County nor the
successful bidder shall assign, sublet, covey or transfer its interest in
the Contract without the prior written consent of the ❑ wr.
k. INDEMNIFICATION- Regardless of the coverage provided by any
insurance. the suocessful bidden shall indemnify, save harmless and
defend the County, its agents, servants, or employees from and against
any and al I claims, liability, losses and ! or causes of action which may
arise from any negligent act or omission of the successful bidder, its
subcontractors, agents, servants or employees during the course of
perf*rmi rig services or caused by the goods provided pursuant to these
bld documents and 1 or resultant contract.
PUBLIC RECORDS, ACCESS AND AUDITS. The bidder agrees that
copies of any and all property, work product, dorumentation. reports,
computer systems and software, schedules, graphs, outlines, books,
manuals, logs, files, daliverables, photographs, videos, tape recordings
or data relating to the Contract which have been created as a part of the
bidder's services or authorized by the County as a reimbursable
expense, whether generated directly by the bidder, or by or In
conjunction or consultation with any ether party whether or not a party
to the Contract, whether or not in privity of contract with the County or
the bidder, and wherever located shall be the property of the County,
,any material submlued in response to this solloltation is considered a
public document in accordance with Section 119.07, F.S_ This includes
material which the responding bidder might consider to be
confidential_ All submitted information that the responding bidder
believes to be confidential .and exempt from disclosure (i.e., a trade
secret or as provided for in Section 119-07 and Section 812.081, F.-)
must be specifically identified as such_ Upon receipt of a public records
request for such information, a determination will be made as to whether
the identified information is, in fact, confidential.
The County shall have the right to request and review bidder's books
and records to verify bidder's compliance with the Contract, adherence
to the Equal Business Opportunity ("EBO') Program and its bid. The
Counly shell have the right to interview subcontractors, and workers at
the work slie to determine Contract compliance. The bidder shall
maintain records related to all charges, expenses, and cols incurred in
estimating and performing the work for at least five (5) years after
completion or termination of the Contracl. Bidder shall retain all boons
and records pertaining to the contract, including, but riot limited to,
subcontractor payment records, for five (5) years after project
completion date_ The County and the Palm Beach County Inspector
General shall have aocess to such records as required in this Section
for the purpose of Inspeclion or audit during normal business hours,. In
Palm Beach County at any reasonable time during the five (5) yearn. .
Notwithstanding anything contained herein, as provided under Section
119.0701, F-5„ If the Bidder: (I) provides a service; and (il) acts an
behalf of the County as provided under Section 119.011(2), F_S-, the
Bidder shall comply wish the requirements of Section 119.0701. Florida
Statutes, as it may be amended from time to time. The Bidder is
specifically required to;
fi_ Keep and malnialn public records required by the County to
perform services provided under the Contract.
2. Upon request from the County's Custodian of Public Records
("County's Custodian"} or County's representativelliaison, on behalf
of the County's Custodian, provide the County with a copy of the
requested records or allow the records to be inspected or ca fed
within a reasonable time at a cost thaP haqcaki iW t
Agenda Item #19.
Page 4
provided in Chapter 119 or as otherwise provided by law- The
Bidder further agrees that all fees, charges and expenses shall be
determined in accordance with Palm Beach County PPM CVV-F-
002, Fees Associated with Public Records Requests, as it may be
amended or replaced from lira to time.
3. Ensure that public records that are exempt, or confidential and
exempt from public records disclosure requirements are not
disclosed except as authorized by law for the duration of the
contract lean and following completion of the Contract, if the
Bidder does not transfer the records to the public agency. Nothing
contained herein shall prevent the disclosure of of the provision of
records to the County-
4. Upon rxsmpletion of the Contract, the Bidder shall transfer, at no
cost to the County, all public records in possession of the Bidder
unless nolifled by County's representalive4lalson, an behalf of the
County's Custodian, to keep and maintain public records required
ty the County to perform the service. If the Bidder transfers all
public records to the County upon completion of the Contract, the
Bidder shall destroy any duplicate public records that are exempt,
or confidential and exempt from public records disclosure
requirements. If the Bidder keeps and maintains public records
upon completion of the Contract, the Bidder shall meet all
applicable requirements for retaining public records. All records
stored ale t-mically by the Bidder must be provided to the County,
upon request of the County's Custodian or the County's
representativelfiaison, on behalf of the County's Custodian. in a
formal that Is compatible with the infommalion technology systems
of County, at no cost to County.
Bidder acknowledges that it has familiarized itself with the
requirements of Chapter 119, F. S., and other requirements of
state taw appl"ble to public records not specifically sat forth
herein. Failure of the Bidder to comply with the requirements of
this Section, Chapter 119, F.S. and other applicable requirements
of state law, shall be a material breach of the {:ontrarct. County
shall have the right to exercise any and all remedies, available tQ it
for breach of contract, including but not limited to, the right to
terminate for cause.
IF THE BIDDER HAS {QUESTIONS
REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA
STATUTES, TO THE BIDDER'S
DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THE
CONTRACT, PLEASE CONTACT
THE CUSTODIAN OF PUBLIC
RECORDS AT;
RECORDS REQUEST, PALM
BEACH COUNTY PUBLIC AFFAIRS
DEPARTMENT, 301 N. OLIVE
VENUE, WEST PALM BEACH,
FIL 33401, BY E-MAIL AT
RECORDSREQUESTi PBCG 11.0
RG OR BY TELEPHONE AT 561-
355-6680.
m. INCORPORATION, PRECEDENCE, JURISDICTION, GOVERNING
LAW-- This Invitaton for Bid shall be included and incorporated in the
final award. The order of contractual precedence shall be the bid
document (original terma and conditions), bid response, and purchase
order or term contract order. Any and all legal action necessary to
enforce the award or the resultant contract shall be go earned by the laws
of the State of Florida- Any legal action necessary to enforce the award
or the resultant contract will be held in a court of competent jurisdiction
located in Palm Beach County, Florida,
n. LEGAL EXPENSES: The County shall not be liable to a bidder for any
legal fees, court costs, or other legal expenses arising from the
interpretation or enforcement of the contract, or from any other matter
generated by or relating to the ocntract,
o, NO THIRD PARTY BENEFICIARIES: No provision of the Contract is
intended to, or shall be construed ta, create any third party beneficiary
or to provide any rights to any person or entity not a party to the Contract,
including but not limited to any citizen or employees of the County and J
or successful bidder.
p, SCRUTINIZED COMPANIES
1. SCRUTINIZED COMPANIES_
As provided in F.S- 287-135. by entering into a Contract or
performing any work in furtherance hereof, the Bidder certifies that
it, its affiliates, suppliers, subcontractors and consultants who will
parformr hereunder, have not been placed on the Scrutinized
Companies that Boycott Israel List, or is engaged in a boycott of
Israel, pursuant to F.S- 215A725. Pursuant to F-S. 287-135(3)(b),
if Bidder is found to have been placed on the Scrutinized
Companies that Boycott Israel List or is engaged in a boycott of
Israel, the resulting Contract from this Invitation for Bid may be
terminated at the option of the County.
2- SCRUTINIZED COMPANIES(WHEN CONTRACT VALUE 15
GREATER THAN $1 MILLION) -
As provided in F,8- 287.135, by entering into a Contract or
performing any work in furtherance hereof, the Bidder certifies that
It, its affiliates, suppliers, subcontractors and consultants who will
perform hereunder, have not been placed on the Scrutinized
Companies With Activities in Sudan List or Scrutinized Companies
With Activities in The Iran Petroleum Energy Sector List created
pursuant to F-S, 216.473, or ie engaged irk business operalions In
Cuba or Syriac.
If the County determines, using credible information available to the
public, that a false certification has been submitted by Bidder, the
resulting Contract from this I nvitation for Bid may be terminated and
a civil penalty equal to the greater of $2 million or twine ttye amount
of the Contract shall be imposed, pursuant to F-S. 287.135- Said
certification must also be submitted at the time of Contract renewal.
3. BID SUBMISSION
F?UBN11$SION OF RESPONSES- All bid responses must be
submitted can the provided Invitation For Bid "Response"
Foray. Bid responses can vQndor letterhead I quotatlorr forms shall
not bo accepted. Responses must be typewritten, written in ink
or a photocopy and must be signed by an agent of the company
having .authority to bind the company car firm. FAILURE TO SIGN
THE BID RESPONSE FORM AT THE INDICATED PLACES
SHALL BE CAUSE FOR REJECT@ON OF THE 911). Bid
responses are to be submitted to the Palm Beach County
Purchasing Department no later than the time indicated on the
solicitation preamble, and must be submitled in a sealed envelope
or contalner bearing the bid number for proper handling-
b. GERTIFICAlMS, LICERSES AND PERM": Unless otherwise
directed in sub -paragraph d- (Local Preference) or the Spedal
Oonditlons of this bid, bidder should include wilh Its bid a copy of
all applicable Ce+iiflcates of Competency issued by the Slate of
Florida or the Palm Beach County Construction Industry Licensing
Board in the name of the bidder shown on the response page- It
shall also be the responsibility of the suocessful bidder to maintain
a current Local Business Tax Receipt (Occupational License) for
Palm Beach County and all permits required to complete the
contractual service at no additional cost to Palm Beach County. A
Palm Beach County Local Business Tax. Receipt (Occupational
License) is required unless specifically exempted bylaw. In lieu of
a Palm Beach County Local Business Tax Receipt (Occupational
License), the bidder should include the current Lineal Business Tax
Receipt (Occupational License) issued to the bidder in the
response. It is the responsibility of the 5mce5sful bidder to ensure
that all required certifications, Iicense�s and hermits are mainiained
in force and ournant throughout the term of the contract- Failuro io
meet this requirement shall be consideRa i.329ccafraI094
Agenda Item #19.
Page 5
SIMMBE -EBO REQUIREMENTS
Please note that all forms related to the EBO Program.
Including waiver forms an-d good faith effort documentaftn
can be found at-
http_ffdis cover. pbegou. orWooboiPagesfaacuments.aspx
Item h —P4lcy
It is the policy of the Board that all segments of its business
population, includiN, but not limited to, small, local, minority and
women owned businesses, have an equitable opportunity to
participate in the County's procurement process, prime contract
and subcontract opportunities. To that end, the Board adopted an
Equal Business Opportunity Ordinance which Is cadifled in
a tions 2-60.20 through 2.80-30 (as may be amended) of the
Palm Beach County Code, (EBO Ordinance) which sets forth the
County's requirements for the EBO Program, and which is
incorporated in this solicitation. The provisions of the EDO
Ordinance are applicable to this solicitation, and shall have
precedence over the provisions of this solicitation in the event of a
conflict.
Item 2 — Waiver of Affirmative Procurement Initiatives Wlfsy
Requiremfunts
In aocordartce with the EEO Ordinance, the Affirmative
Procurement Initiatives (APIs) have been waived for this
solicitation. However, if any Bidder Intends to utilize any
skiWontracloNsubconsultants as part of their response to this
solicitation, the applicable OF80 Schadules roust ba submitted
with their response for compliance tracking purposes -
I tam 3 — Bid Submission Do:urnentation
S17u1=BE bidders, bidding as prime contractors or consultants, are
advised that they must complete Schedule 1 and Schedule 2,
listing the work to be performed by their own workforce, as well as
the work to toe performed by all subc4frtraclot or subconsultant,
including SIMANSE subcontraciprs and subacnsultants. Failure to
include this information on Schedule 1 will fasult in the participation
by the SVJBE prime bidders own workforce NOT being counted
towards meeting the -SAk WBE goal, This requirement applies
even if the SIMfWSE bidder intends to perform 100% of the work
with their own workforce SIM NBE subcamtractorisubconsultant
documentation. If applicable, shall be submitted as follows:
Schedule 1 -List of Proapsed Subcontractors f Subconsultants
A completed Schedule t submitted by the prime shall list the
names of all subcontractorsdsubconsultants intefmded to be used in
performance of the contract, if awarded. The total proposed
percentage of S,+MfWBE participation shall also be included on this
form. This schedule shall also be used If an VM WBE 'Prime
Contractorlconsultant is performing all or any portion of the contract
with their work force.
Schedule 2 - Letter of Intent
A completed Schedule 2 is a binding document between the Prime
Contractorlconsultant and a subcontractorlsubconsuttant (or any
tier) and should be treated as such, The Schedule 2 shall contain
bolded language indicating that by signing the Schedule 2, both
parties recognize this Schedule as a binding docameni. Each
Schedule 2 shall be property executed by the Prime
Contractoriconsultant and by the proposed
subcontraclodsubconsuftant. If the Prime Contractorlconsultant is
an SfMMBE, a Schedule 2 shall be submitted to document work
to be performed by Its workforce- All SJMf'uWBE(s) shall specify, In
detail, the type of work they will perform along with the dollar
amount they will be compensated andfor percentage of work they
will perform. If any subcontractorisubconsultant intends tv
subcontract any portion of their wrork, they are required to list the
dollar amount and the name of the subcontractorlsnubconsuttant on
this form. All named subcontractixslsubcomultants on this form
roust also complete and submit a separate Schedule 2. The Prime
may count toward Its S±1f ANDE goal secornd and third tiered
certified S+>f ANBE(s),, provided that the Prime
Contractorlconsultant submits a completed Schedule 2 form for
each SNM+BE-
A detailed quote or proposal may be attached with a signed
Schedule 2.
Failure to submit a properly executed Schedule 1 and Schedule 2
will result in no SNAMBE consideration green.
In the event of a conflict between Schedules 1 and 2 when
calculating S1MIWWBE participation, the information provided on
Schedule 2 shall have precedence.
In the event of mathemafical emor(s), the unit price, if available,
shall prevail and the vendor's total offer shall be corrected
accordingly.. If the County's issuance of an alternate of change
order on a project results In changes In the scope of work to be
performed by a subcontractorlsubconsultant I isted at IhO time of hid
submission, the Prime must submit a, completed and properly
executed Schedule 2 that specifies the revised scope c4 work to be
performed by the subcontractolsubcoosultant, along with the price
and for percontaye-
Item 4 — SI MPNBE CoMeation
Only those fimts certified by Palm Beach Counly at the time of bid
submission shall be counted toward the eslablished S,' NYBE
goals. Upon receipt of a completed application, IT TAKES UP TO
NINETY (90) BUSINESS DAYS TO BECQME CERTIFIED AS AN
Sit AVBE WITH PALM BEACH COUNTY. It is the responsi bility of
the bidder to confirm the certification of any proposed SJM WBE;
therefore, it is recommended that bidders visit the onllne Vendor
Directory at www.f3bcgov.or41oabo to vefify StIUMBE certification
status. Firms must continue to recertify during the life of the
cootreei as the County may only count toward the established goal,
work performed by an SIAMBE during the time their certification
dates are valid -
Item 5 — Responsihilitie,� After Contract Award
Schedule 3 — Subcontractor Activity Form
The prime Contractor shall submit a completed Activit}- Report form
(Schedule 3) with each invoice, or payment application when any
9ubconmtracl0rl5ub00n5ullant has provided services during the
period in which the Prime is requesting payment- This form shall
contain the names of all subcontractorslsubcorksunants, and
specify the contracted dollar amount, approved change orders;
revised contract amount. amount drawn this period; amount drawn
to d ete: and payments to dale Issued to all subcontractors with their
starling date.
Schedule 4— Payment Certification Form
A fully executed Schedule 4 shall be submitted for each
subcontraololsubocnsullant after receipt of payment from the
Prime Contractorfconsultant. The Prima Contractorfconsultant
shall submit this form with each payment application or invoice
submitted to the County when the County has paid the Prime
Conlractor/consultant on the previous payment application for
services provided by a sul=ntractoNsubconsultant. If any
subcontracwdsubconsaullant intends to disburse funds associated
with this payment to another subcontractorfsubconsultar t for labor
provided on the contract, the amount and name of the
sut contracloJsubconsullant shall be listed on lhis form, All named
subcontractorsisubconsuttanis on this form must also complete
and submit a separate Schedule 4 after receipt of payment- If the
Prime Contractodc+onsultant is a certified SIMAUYBE, a Schedule 4
shall be submitted to reflect the amount of payment retained by the
Prime Contmclorloon►sultant for services performed by Its ovm
workforce -
All bidders hereby agree and assure that they will meet the
Sl ANDE participation percentages submitted In their respective
bids with the subcontractcrslsuhconsultants contained on
Schedules f and 2 and at the dollar values specified- Respondents
or bidders agree to provide any additional information requested by
the County to substantiate participation.
Upon letter notification by the County that the EBo payment
portal tracking system is available for use, the Bidder is required to
input all subaontractorlsubconsultant payment information directly
Into the E80 payment polal prior to suhmitting a payment
application. Page 323 of 1094
Agenda Item #19.
Page 6
Item 6— SiMNVBE Substitutions
After contraci ao ard, me Prime Gantractorkxansultant will only be
permitted to substitute a certified &MNVBE that is unwilling or
unable to perform. The Prime Contractor/consultant will only be
permitted to modify the scope of work or price of an S/MOE listed
at bid opening or dataMme for submission of the responsa to the
solicitation as a result of the County's issuance of an amendment,
alternate or orange orders on a project. Substitutions shall be done
with like cediified SIMANDEs in order to maintain the participation
percentages submitted with the laid or proposal_
AI I requests for modifications or substitutions shall be submitted to
the County and the Office of EBO on the EBO Request for
WINDE Subs1iitutlon Modii loation Removal Forrn for review.
Upon reeving an approval for substltutlon, the Prime
Contractoriconsutant shall submit a completed and signed
Schedule 2 for the new SiMNVBE; the new SflMNBE shall specify
the type of work_ to be perRwrned, and the dollar amount and/or
percentage shall also be specified upon nx*lving approval for
modiFication or substitution_
The Prime Contractor/consultant shall submit a new properly
executed Schedule 2 that specifies the revised scope of work to be
performed by the SIMMSE, alone with the revised dollar amount
and/or percentage_ A detailed quote or proposal may be attached
with a properly executed Schedule 2,
Item 7 — EBO Program Compliance - Panalfies
Under the EBO Ordinance. the OEBO is required to implement and
monitor SMIAWBE utilization during the term of any contract
resulting (rum this solicitation. It is the Countys policy that
S+>fuINDEs shall have the maximum feasible owrtunlly to
participate in the parforanance of County contracts_ All Bidders are
required to comply with the EBO Ordinance and shall be expected
to comply with the API(s) applicable to this solicitation.. as well as
the S/MWBE utilization proposed by a Bidder in its Bid, which
utlllzation plan forms a part of any resulting Contract_
The Director of the OEBO or designee may require such reports,
information, and documentation from the BidderNendor as are
reasonably necessary to determine compliance with the EDO
Ordinance requirements. Vendor shall correct all noncompliance
issues within fifteen (15) calendar days of a written notice of
noncompliance by the department procuring the goods or services
or the OEB0. If the Bidder does not resolve the non-compliance
within fifteen (15) days of receipt of written notice of non-
compliance_ then upon recommendation of sanctions by the
Director of EBO or designee in consultation with the County
regarding the failure of a contractor, vendor, respondent or bidder
or other business represenlalive 10 comply with any portion of the
EEO Ordinance, the Director of the EBO or designee (for purposes
of imposing penalties, the Purchasing Director shall serve as the
ESO designee) may impose any or al I of the following penalties on
the non-com plying party any or all of the following penalties:
a. Suspension of contract;
b. Withholding of funds;
c. Termination of contract based upon a material breach of
contract pertaining to EDO Program compliance;
d. Suspension or Debarment of a respondent or bidder,
contractor or other business entity from eligibility for providing
goods or services to the County for a period not to exceed
three (3) years; and
e. Llquldated damages equal to the difference In dollar value of
SNAMBE participation as committed to in the contract, and
the dollar value of SNAMBE participation as actually
achieved, 0 applicable.
d. LOCAL PREFERENCE ORDINANCE= In accordance with the
Palm Beach County Local Preference Ordinance, a preference
may be given to (1) bidders Braving a permanent place of business
in Palm Beach County or (2) bidders having a permanent place of
bi.JbineSs. in the Glades that are ,able to provide the goods or
Sefviops. within the Glades.
1. Glades Local Preference: Pursuant to the Palm Beach
County Local Preference Ordinance, a 5% Glades Local
Preference is given when a Glades business offers to provide
the gods or services that will be procured for use in the
Glades_ If the lowest responsive, responsible bidder is a non -
Glades business, all bids received from re-sponsive,
responsible Glades businesses will be decreased by 5%. The
original bid amount is not changed. The 5% decrease given
for the Glades Local Preference is calculated only for the
purpose of determining local preferenw,
2. Local Preference: Pursuant to the Palm Beach County Local
Preference Ordinance, a 5% Local Preference is given to
bidders having a permanent place of business in Palm Beach
Countyy. If the lowest responsive, responsible bidder is a non -
local business; all bids received from responsive, responsible
localbusinesses will be decreased by 5`#,. The original' bid
amount is not changed The 5% decrease given for the Local
Preference is caloulated only for the purpose of determining
local preference,
3_ To recalve a Glades Local Preference or a Local Preference
(collectively referred to as 'local preference"), a bidder must
have a permanent place of business in existence prior to the
Ciounly's issuance of this Notice of Solicitation) Invitation for
Bid_ A permanent place of business means that the bidder's
headquarters is located in Palm Beach County or in the
Glades, as applicable; or, the bidder has a permanent office
or rather site in Palm Beach County or in the Glades, as
applicable, where the bidder %vi11 produce a substantial portion
of the goods or services to be purchased.
4_ A valid Business Tax Receipt issued by the Palm Beath
County Tax Collector is required, unless the bidder is exempt
from true business lax receipt requirement by law, and will be
used to verity that the bidder had a permanent place of
business prior to the issuance of this Notice of Solicitation i
Invitation for Bid. In addition, the attached "Certification of
Business Location' and Business Tax Receipt must
accompany the bid al the time of bid sijbmission. The Palm
Beach County Business Tax. Receipt and this Certification are
the sole determinant of local preference eligibility. Errors in
the completion of this Certification or failure to submit this
cam pleted Cerrtlflcatlon will cause the bidder t proposer to not
receive a local preference-
e. DRUG FREE WORKPLACECERTIFICATION: In compliance
with Florida Statute (Section 287.087) attached form "Drug -Free
Workplace Certification" should be fully executed and submitted
with bid response in order to be considered low a preference
whonavar two (2) or more bids which are equal with respect to
price, quality, and service are received by Palm Beach County.
L CONDITIONED OFFERS; Bidders are cautioned that any
condition. qualiflcalion, provision, or comment In their bid, or in
other correspondence transmitted with their bid, v&ioh in anyway
modifies, takes exception to, or is inconsistent with the
specifications, requirements, or any of the terms, conditions, or
provisions of this solicitation, is sufficient cause for the rejection of
their bid as non -responsive_
g, PRICING:
1, Prices offered must be the price for new merchandise and free
from defect. Unless speclfically requested in the bid
speaoations, any bids cowrtalning modifying or escalation
clauses shall be rejected.
2. The price offered must be in accordance with the unit of
measure provided on the response page(s), One (1) space
or line requires only one (1) single, fixed unit price. Anything
other than a single., fixed unit price shall result in the rejection
of your bid.
3. All unit prices bid should be within two (2) decimal points. If
bidder's pricing exceeds two (2) decimal paints. Purchasing
reserves the right to round up or down accordingly,
4_ Bidder warrants by virtue of bidding that prices shall remain
firm for a period of ninety (90) days from the date of bid
subirnisaion to allow for evaluation and award,
5. Bidder warrants by virtue of bidding that prices shall remain
firm for the initial and any subsequent term.
8_ In the event of mathematical error(s), the unit price shall
prevail and the bidder's total offer shall be corrected
amordiagly. Blf]$ HAVING ERASURES OR
CORRECTIONS MUST BE INITIALED BY THE BIDDER.
PRIOR TO BID SUBMISSION; HOWEVER, IF THE
CORRECTION IS NOT PROPERLY INITIALED, BUT THE
INTENT OR LEC181LITY OF THE CORRECTION IS CLEAR,
THE BID SHALL NOT BE REJEORIge 324 of 1094
Agenda Item #19.
Page 7
7. Bidders may offer a rash discount for prompt payment.
However, such discounts shall not be considered in
determining the lowest net cost for bid evaluation purposes
unless otherwise specified in the special condit ons. Bidders
should reflect any discounts to be considered in the unit prices
bld.
h. SUBMITTING NO Blot or fi40 CHARGE. Bidders not wishing to
hid on some items sought by this solicitation should mark those
items as "no hid"_ If some items are to be offered at no charge,
bidders should mark those items as 'no charge"_ Items left blank
shall be considered a "no bid" for that item, and the bid shall be
evaluated Accordingly,
ACCEPTANCE ? REJECTION OF BIDS: Palm Beach County
reserves the right to acceptor to reject any or all bids. Palm Beach
County also reserves the right to (1) waive any non substantive
irregula n ties and technicalities, (2) reject the bid of any bidder who
has previously failed in the proper performance of a contract of a
similar nature, who has been suspended or debarred by another
governmental entity, or who is not in a position to perform properly
under this award; and (3) inspect all facilities of bidders in order to
make a determination as to Its ability to perform_
Palm Beach County reserves the right to reject any offer or bid it
the prices for any line items or subline items are materially
unbalanced_ An offer Is materially unbaianced if it Is
mathematically unbalanced, and If there is reason to believe that
the offer would not result in the lowest overall oast to the County,
even though it is the lowest evaluated offer. An offer is
malhematically unbalanced if it is based on prices which are
significantly less than fair market price fir some bid line item LAJ
significantly greater than fair market price for other bid line items.
Fair market pride shall be determined based on industry standards,
comparable bids or offers, existing contracts, or other means of
establishing a range of current prices for which the line items may
be obtained in the market place. The determination of whether a
particular offer or bid is materially unbalanced shall be made in
writing by the Purchasing Director, citing the basis for the
determination,
j, NON-EXCLUSIVE: The County reserves the right to acquire
some or al I of those goods and services through a State of Florida
contract under the provisions of Section 287.042, Florida Statutes,
provided the State of Florida contract offers a kmer price for the
same goods and services. This reservatlon appiles both to the
initial award of this scgicitatioan and to acquisition after a terra
contract may be awarded. Additionally, Palm Beach County
reserves the right to award other contracts For goods and services
falling within the scope of this solicitation and resultant contract
when the specifications differ from this solicitation or resultant
contract, or for goods and services specified in this solicitation
when the scope substantially differs from this solicitation or
resultant contract.
k. OFFER EXTENDED TO OTHER GOVERNMENTAL 'ENTITIES:
Palm Beach County encourages and agrees to the successful
bidder extending the pricing, terms and conditions of this
solloltation or resultant contract to rather governmental entities at
the discretion of the successful bidder.
PERrORMANCE DURiNG EMERGENCY; By submitting a bid,
bidder agrees anci promises that, immediately preceding, dudngi
and after a public emergency, dlsester, hurricane, hood, or .act of
God, Palm Beach County shall be given "First priority" for all goods
and services under the contract. Bidder agrees to provide all goads
and services to Pakn Beach County immediately preceding, during
and after a public emergency, disaster, hurricane, Flood, or act of
God, at the terms, ccMitions, and prices as provided in this
solicitation on a 'fast priority" basis_ Bidder shall furnish a 244hour
phone number to the County. Failure to provide the goods or
services to the County om a first priorlty basis immediately
preceding, during and after a public emergency, disaster,
hurricane, floors, or act of God, shall constitute breach of contract
and subject the bidder to sanctions from doing further business with
the County.
rm SALES PROMOTIONS f PRICE REDUCTIONS f MOST
FAVORED CiJSTOMER: Should sales promotions occur during
the temp of the contract that lower the price of the procured item,
the successful bidder shall extend to the County the lower prise
offered by the manufacturer on any such promotional item,
Further, any price decreases effectuated during the contract period
by reason of market change or otherwise, shall be passed on to
Palm Beach County_ Additionally, any time after award, the
successful bidder m ay offer a reduced price which shall remain in
effect for the duration of the contract. The successful bidder
warrants that the price(s) shall not exceed the successful bidder's
price(s) extended to its most favored customer for the same or
similar goods or services in similar quantities, or the current market
price, whichever is lower. Irk the event the successful bidder offers
more favorable pricing to one of Its euslomer(s), the succNsful
bidder shall extend to the County the same pricing or the then
currew mar9ket price, whichever is lower_
BIDDER'S COMMERCIAL NON-DISCRIMINATION
CERTIFICATION: In accordance with Palm Beach County Code
Section 2-80.24, the undersigned bidder hereby certifies and
agrees that the following information is cafreut; In preparing its
response to this solicitation, the Bidder has considered all
proposals submitted from qualified, potential subcontractors and
suppliers, and has not engaged in "discrim ination" as defined in the
County's Commercial Nondiscrimination Policy as set forth in
Resolution 2017-1770 as amended, to wit; dlscriminatlon in the
solicitation, selection or commerclal treatment of any
Subcontractor, vendor, supplier or commercial customer on the
basis of race, color, national origin, religion, ancestry, seas, age,
marital status, familial status, sexual orientation, gender identity or
expression, d isabiilty, or genetic information, or on the basis of any
otherwise unlawful use of characteristics regarding the vendor's,
supplier's or oornmercial customer's employees or owners:
provided that nothing in this policy shall be construed to prohibit or
limit otherwise lawful efforts to remedy, the effects. of dlsnriminatlron
that have occurred or are occurring in the Ccunty's� relevant
marketplace of Palm Beach County_ Without limiting the foregoing,
'discrimination' also includes retaliating against any person or
ether entity for reporting any incident of 'discriminauton," Without
liming any other prculslon of the sollcltatlon, 4 is understood and
agreed that, if this certification is false, such false certification will
constitute grounds for the County to reject the bid submitted by the
bidder for this Solicitation, and to terminate any contract awarded
based on the response.
At the time of bid submission, the bidder shall provide to the County
a list of all instances within the immediate past four (4) yea rs where
there has been a final adjudicated determination in a legal or
administrative proceeding In the Stale of Florida that the bidder
discriminated against its subcontractors, vandoxs, suppliers or
oammerdal customers, and a description of the status or resolution
of that complaint, including any remedial action taken -
Bid de r shall indicate Its agraernantto the foragoalrig by signing
the Response page.
Bidder's failkire to meet these requirements shall render its bid
response non -responsive.
4. BID SUBMISSION TIME ✓<AWARD OF BID
a- OBSERVING THE PUBLISHED BID SUBMISSION TiME The
published bid submission lime shall be scrupulously observed. It
is the sole responsibility of the bidder to ensure that their bid arrives
in the Purchasing Department prior to the published bid submission
time. Any bid delivered after the precise published time of bid
submission shall not be considered, Bid responses by telephone,
eleclroniesr or facsimile shall not be accepted_ Bidders shall not be
allowed to modify their bids after the publ istied bid submission time.
b. POSTING OF AWARD RECOMMENDATION, Recommended
awards shall be publicly posted for review, at the Purchasing
Department and on the Purchasing Department wabsite at
w%wr,pbowv,or,Vpurchasinst prior to final approval, and shall
remain posted for a period of five (5) business days. The official
posting on the Purchasing Department website shall prevail if a
discrepancy exists between the referenced lists S.
Page25 of 1094
Agenda Item #19. Page a
c. PROTEST PROCEDURE: Protest procedures are provided in the
d. CHANGES: The Director of Purchasing, Palm Beach County, by
Patin Beach County Purchasing Code. Protests must be submitted
written notification to the successful bidder may make minor
in writing, addressed to the Director of Purchasing, via hand
changes to the contract terms_ Minor changes are defined as
delivery, mail or fax to (561) 242-6705. Protest mast identify the
modifications which do not significanity alter the scope, nature, or
solloltation, specify the basis for the protest, and be reoelved by the
price of the specified goods or services. Typical minor changes
Purchasing Deparmment %Mhin flue (5) business days of the posting
Include, but are not Ilmlted to, place of delivery, method of
date of the recommended award. The protest is considered filed
shipment, mirror revisions to customised work specifications, and
when it is received by the Purchasing Department. Failure to file a
administration of the contract. The successful bidder shall not
protest as outlined in the Palm Beach County Purchasing Code
amend any provision of the contracl without written notification to
shall constitute a waiver of proceedings Under the referenced
the Director of Purchasing, and written aoceptance from the
County Code.
Director of Purchasing or the Board-
5. CONTRACT ADMINISTRATION
e, DEF11U : The County may, by written notice of default to the
successful bidder, lerminale the contract In whole or In part if the
a. DELIVERY AND ACCEPTANCE-- Deliveries of all items shall be
successful bidder falls to satisfactorily perform any provisions of
made as soon as possible. Deliveries resulting from this bid are to
this solicitation or resultant contract, or fails to make progress so
be made during the normal working hours of the County. Time is
as to endanger performance under the terns and conditions of this
of the essence and delivery dales must be met- Should the
solicitation or resultant contract. or provides repeated non -
successful bidder fail to deliver on or before the stated dates, the
performance, or does not remedy such failure wlthln a period of 14
County reserves the right to CANCEL the order or contract and
days (or such period as the Director of Purchasing may authorize
make the purchase elsewhere. The successful bidder shall be
in writing) after receipt of notice from the Director of Purchasing
responsible for making any and all claims against carriers for
specifying such failure. In the event the County terminates the
missing or damaged Items,
contract. In whole or in part because of default of the successful
bidder, the County may procure goads and 1 or services similar to
Delivered items shall not be considered `accepted" until an
those terminated, and the successful bidder shal I be I iable for any
authorized agent for Balm Beach County has, by inspection or test
excess costs incurred due to this action,
of such iterns, determined that they appear to fully comply with
specifications. The Board may return, at the expense of the
If It is determined that the successful bidder was not in defaull or
successful bidder and for full credit, any item(s) received which fail
that the default was excusable {e_g_, failure due to causes beyond
to meet the County's specifications or performance standards,
the control of, or without the fault or negligence of, the successful
bidder), the rights and obligations of the parties shall be those
b. FEDERAL AND STATE TALC_ Palm Beach County is exempt from
provided in Section 5f, '`Termination for Convenien(:r-".
Federal and State taxes. The authorized agent for Purchasing
shall Provide an exemption certificate to the successful bidder,
f. TERMINATION FOR CONVENiENC:E: The Director of Purchasing
upon request. Successful bidders are not exempted from paying
may, whenever the interests of the County so require, terminate
sales tax to ftlr suppliers for materials to fulfill oontraoival
the oontract, in whole or In part, for the convenience of the County,
obligations with the County, nor are successful bidders authorized
The Director of Purchasing shall give five (5) days prior written
to use the County's Tax Exemption Number in securing such
notice of termination to the successful bidder, specifying the
materials. Any sales tax paid by successful bidders to their
portions of the contract to be terminated and when the term inatiou
suppliers fox materials to fulfill contractual obligations with the
is to become effective. If only portions of the contract are
County are not reimbursable by the County to the successful
temtilnated, the successful bidder has the right to withdraw. without
bidder.
adverse action, from the entire contract.
C. PAYMENT, In order for Palm Beach County to make payment, the
Unless directed differently in the notice of termination, the
Vendor's Legal Name: Vendor's Address; and Vendor's TINtFEIN'
successful bidder shall incur no further obligations In connection
Number on the successful bidder's bid; must be exactly the same
with the terminated work, and shall stop work to the extent specifled
as it appears on the invoice and in Palm Beach County'& VSS
and on the data given in the notice of termination. Additionally,
system which can be accessed at httpsogpbcysspxmPalm-
unless directed differently, the successful bidder shall bEWMinate
beach.It_ustwebsppNuspfAlt5e4fSarvlce.
outstanding orders and f or subcontracts related to the terminated
work_
Successful bidders lball send ALL ORIGINAL invoices to foe
following address and Mn send copies of invoices to the Palm
g, REMEDIES: No remedy herein conferred upon any party is
Beach County Department requesting the goods!
intended to be exclusive of any other remedy, and each and every
services. Invoices submitted on carbon paper shall not be
such remedy shall be cumuialive and shall be in addition to every
accepted,
tither remedy given hereunder now or hereafter existing at law, or
In equity, by statute or otherwise- No single OF partial exercise by
PALM BEACH COUNTY
any party of any right, power, or remedy hereunder shall preclude
FINANCE DEPT.
any other ow further exercise thereof.
P,CI. BOX 4030
WEST PALM BEACH, FL 33402-40316
fi. PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL
AUDIT REQUIREMENTS: Pursuant to Palm Beach County Code,
Payment shall be made by the County after gods J services have
Section 2-421 - 2-440, as amended, Palm Beach County's office of
been received, accepted and properly invoiced as indicated: in the
Inspector General is authorized to review past, present and proposed
contract and 1 or order, invoices must bear the order number, The
County oontracts, iransactlons, accounts, and records. The Inspector
Florida Prompt Payment Act is applicable to this solicitation.
General's authority includes, but is not limited to, the power to audit,
Internet pnnaltles will only be pall In accordance with the Florida
investigate, monitor, and inspect the activities of entities contracting with
Prompt Payment Act, Florida Statute 218.70_
the County, or anyone acting on their behalf, in order to ensure
compliance wirth contract requirements and to detect corruption and
Nate: Palm Belch County Vendors can now be paid by Credit
fraud_ Failure to cooperate with the Inspector General or interfering with
Card via the County's voluntary Payment Manager
or impeding any investigation shall be a violation of Palm Beach County
Program. For vendors who don't have a merchant account, one is
Code; Section 2-421 - 2-440, and punished pursuant to Section 125.69.
needed to utilize the Program_ For vendors with a merchant
Florida Statutes, in the same manner as a second degree misdemeanor,
account, you will need to enroll with the Palm Beach County Clerk
& Comptroller's Office. For information, Contact the Palm Beach
7. BUSINESS INFORMATION: If bidder is a Joint Venture for the goods 1
County Clierk & Comptroller at
services described herein, bidder shall, upon request of Palm Beach
Pbcpayrnentmcirramupalmbeachelark_com.
County, provide a copy of the Joint Venture Agreement signed by all
parties_
Page 326 of 1094
Agenda Item #19.
Page 9
E-VERIFY — EMPLOYMENT ELIGIBILITY: Bidder warrants and
ro p ro,sents thal it is in compliance with section 448.095, Florida Statutes,
as may be amended, and that it: (1) is registered with the E-Verify
System (E-Verify,gov), and uses the E-Verify System to electronically
verify the employment eligibility of all newly hired workers; and (2) has
verified that all of bidder's subconsultants pertgrming the duties and
obligations of the contract are registered with the E-Verify System, and
use the E-Verily System to electronically vergy the employment eligibility
of all newly ihired workers.
Bidder shall obtain from each of its subcamultants an affidavit stating
that the subconsultant does not employ, contract with, or subcontract
with an Unauthorized Alien, ,as that terra is defined in section
448_095(i)(k), Florida Statutes, as may be amerided. Bidder shall
maintain a copy of any such affidavit from a subconsultant for, at a
minimum, the duration of the subcontract and any extension thereof.
This provision shall not supersede any provision of the contract which
requires a longer retention period.
County shall terminate the contract if it has a good faith belief that bidder
has knowingly violated Section 448.09(1), Florida Statutes. as may be
amended, If County has a good faith belief that bidder's subcvrrsultant
has knowingly violated section 44809(1 ), Florida Statutes, as may be
amended, County shall notify bidder to terminate its contract with the
subconsultant and bidder shall immediately terminate its contract with
the suboonsultant. If County terminates the contract pursuant to the
above, bidder shall be barred from being awarded a future contract by
County for a period of one (1 ) year from the data on which the contract
was terminated. In the ovent of such contract termination, bidder shall
also be liable for any additional costs incurred by County as a result of
the termination.
THIS IS THE END OF "GENERAL CONDITIONS"
Page 327 of 1094
Agenda Item #19. Page 10
SPECIAL CONDITION
IFB #22-G71 RIM
SULFURIC ACID 93% SOLUTION, BULK DELIVERY, PURCHASE OF, TERM CONTRACT (RE -BID)
J. GENERAL I SPECIAL CONDITION PRECEDENCE
In the went of conflict between General Conditions and Special Conditions, the provisions of the Special Conditions shall have
precedence.
10. QUALIFICATION OF BIDDERS
This bid shall be awarded only to a responsive and responsible bidder, qualified to provide the goods and/car service specified. The
bidder shall, upon request, promptly furnish the County sufficient evidence in order to confirm a satisfactory performance record.
Such information may include an adequate financial statement of resources, the ability to comply with required or proposed delivery
or performance schedule, a satisfactory record of integrity and business ethics, the necessary organization, experience, accounting
and operation controls, and technical skills, and be otherwise qualified and eligible to receive an award under applicable laws and
regulations.
The bidder should submit the fallowing information with their bid response, however. if not included, it shall be the responsibility of
the bidder to submit all evidence, as solicited, within a time frame specified by the County (normally within two (2) working days of
request). Failure of a bidder to provide the required information within the specified time frame is considered sufficient cause for
rejection of their bid_ Information submitted) with a previous bid shall not satisfy this provision.
a. List a minimum of three 3 references in which similar goods and/or services have been provided within the past three 3
years including scope of work, contact names, addresses, e-mail addresses, telephone numbers and dates of service on
the attached reference sheet included herein. A contact person shall be someone who has personal knowiedge of the
bidder's performance for the specific requirement listed_ Contact person must have been informed that they are being used
as a reference and that the County may be calling them_ DO NOT list persons who are unable to answer specific questions
regarding the requirement.
11. CRIMINAL HISTORY RECORDS CHECK
This solicitation includes sites and/or buildings, which have been designated as either -critical facilities" or "criminal justice
information facilities" pursuant to Palm Beach County Code Section 2-371 through 2-377, the Palm Beach County Criminal History
Records Check. Ordinance ("Ordinance"), and Resolution R- 003-1274, as amended. County staff representing
the User County Department will contact the successful bidder and provide speck instructions for meeting the requirements of this
Ordinance_ This prevision applies to and must be adhered to by all vendors, contractors, and subcontractors of contractors, including
repair persons and delivery persons, who are unescorted when entering critical facilities or criminal justice information facilities.
Individuals passing the background check will be issued a badge_ Successful bidder shall make every effort to collect the badges
of its employees and its subcontractors' employees upon conclusion of the contract work and return them to the County. If the
successful bidder or its subcontractor terminates an employee who has been issued a badge, the successful bidder must notify the
County within two (2) hours. At the time of termination, the successful bidder shall retrieve the badge and return it to the County in
a tiimely manner. The County reserves the right to suspend any Vendor that; 1) does not comply with the requirements of County
Code Section 2-371 through 2-377 as amended, 2) dues not contact the County regarding a terminated successful bidder employee
or subcontractor employee within the stated time; or 3) fails to make a good faith effort in attempting to comply with the badge
retrieval policy.
12. AWARD (ALL-OR-NONE�
Palm Beach County shall award this bid to the lowest, responsive. responsible bidder on an all -or -none, total offer basis, subject to
the S1MNVBE provisions and Local Preference provisions specified herein, as applicable.
13. METHOD OF ORDERING (TERM CONTRACT]
A contract shall be issued for a term of twelve (12) months or until the estimated amount is expended. at the discretion of the County.
The County will order on an as needed basis.
Page 328 of 1094
Agenda Item #19.
Page 11
14. F.O.B. POINT
The F_O.B. point shall be destination. Exact delivery point will be indicated on the term contract delivery order (DO). Bid responses
showing ether than F_O.B. destination shall be rejected. Bidder retains We and assumes all transportation charges, freight, shipping,
responsibility, liability and risk in transit, and shall be responsible for the filing of claims for loss or damages_ Unless specified
otherwise in this solicitation, delivery may be to any location within Palm Beach County, including locations within the Glades Area.
15. DELIVERY
Delivery shall be required within five b calendar nays after receipt of term contract delivery order (DO) unless a modified delivery
date has been requested by the successful bidder and approved in writing by the Purchasing Director or hislher designee. Failure
of the successful bidder to perform to the delivery requirement is sufficient cause fordefault and termination of the contract.
16. SAMPLES (UPON REQUEST)
Bidders shall provide, without coast to the County, samples of requested items. Samples may be used in addition to documentation
provided by a bidder to show compliance to technical specifications. Upon request, the County will return undestroyed samples to
the unsuccessful bidders, at the bidder's expense. Each individual sample must be labeled with bidder's name, manufacturer's
brand name and number, bid number and IFB item reference. Requests for return of samples must be received with the sample
and shall include return instructions with shipping authorization and name of carrier. If these instructions are not received, the
commodities shell be disposed of by Palm Beech County at its discretion.
17, AS SPECIFIED
A term contract delivery order (DO) will be issued to the successful bidder with the understanding that all items delivered must rneet
the specifications herein. Palm Beach County will return, at the expense of the successful bidder, items not delivered as specified.
At the option of Pelrn Beach County, itern(s) from any delivery may be submitted to an independent testing laboratory to determine
conformity to respective specifications. Successful bidder shall assurne full responsibility for payment of any and all charges for
testing and analysis of any product offered or delivered that does not conform to the minimum required specifications.
ii-ALPIPT-KI11111111
The quantities shown are estimated_ Palm Beach County reserves the right to increase or decrease the total quantities as necessary
to meet actual requirements_ Unless stipulated otherwise, Palm Beach County will accept NO minimum order requirements.
Additionally, bidders are cautioned to bid in accordance with the unit specified on the response page.
19. RENEWAL OPTION
The successful bidder shall be awarded a contract for twel►±e_ 02) months with the option to renew for four 4 additional twelve f1 }
month period(s)_ The option for renewal shall only be exercised upon mutual written agreement and with all original terms, conditions
and unit prides adhered to with no deviations. The unit prices laid shall apply for the initial term and each renewal period. Any
renewal shall be subject to the appropriation of funds by the Board of County Commissioners, A renewal shall be revoked if the
successful bidder is suspended by the Purchasing Department prior to the commencement of the renewal period.
20. ADDITION f DELETION OF DELIVERY LOCATIONS
Palm Beach County reserves the right to add or delete delivery locations (including locations within the Glades) during the term of
the contract at its sole discretion.
21. INFORMATION AND DESCRIPTIVE LITERATURE (MUST BE SUBMITTED WITH RESPONSE)
Bidder shall enter the product name and number on the response page. If a bidder does not fill in the product name and number
offered for any item, or enters any wording other than the product name and number, the item shall be rejected. Additionally, the
bidder shall submit with their bid response, cut sleets, sketches, descriptive literature anrllor complete specifications for
said item(s). Literature shall provide matching product numbers to those offered on the response page and sufficient
detail to verity compliance to bid specifications. The failure of the descriptive literature to show that the item(s) offered conforms
to the requirements of this solicitation shell result in the rejection of the bid. Refs renee to literature submitted with a previous bid
shall not satisfy this provision, The County reserves the sole right to determine acceptance of offered item(s),
Note. At the sale discretion of Palm Beach County, samples may be requested, after bid submittal. to complete and/or verify
compliance to bid specifications.
Page 329 of 1094
Agenda Item #19.
Page 12
22. INSURANCE REQUIRED
It shall be the responsibility of the successful bidder to provide evidence of the following minimum amounts of insurance coverage
to Palm Beach County, clo Purchasing Department, 50 South Military Trail, Suite 110. West Palm Beach, FL 33415, unless
otherwise directed by the County_ Subsequently, the successful bidder shall, during the term of the contract, and prior to each
renewal thereof, provide evidence of insurability to Palm Beach County Purchasing department, prior to the expiration date of each
and every insurance required herein_
Commercial General Liability Insurance. Successful bidder shall maintain Commercial General Liability Insurance, or similar form,
at a limit of liability not less than $500,000 Each Ciocurrence for Bodily Injury, Personal Injury and Property Damage Liability.
Coverage shall i include Premises andlor Operations, Independent Contractors, Products andfor Completed Operations, Personal
Injury/Advertising Liability, Contractual Liability and Broad Form Property Damage coverages. Coverage for the hazards of
explosion, collapse and underground property damage (X-C-U) must also be included when applicable to the work to be performed.
This coverage shall be endorsed to include Balm Beach County as an Additional Insured.
Business Auto Liability Insurance. Successful bidder shall maintain Business Auto Liability Insurance at a limit of liability not less
than $500,000 Combined Single Limit Each Accident for all owned, non -owned, and hired automobiles, (In this context, the term
"Autos" is interpreted to mean any land motor vehicle, trailer or semi trailer designed for travel on public roads,) In the event
successful bidder neither owns nor leases automobiles. the Business Auto Liability requirement shalt be amended allowing
successful bidder to maintain only Hired & Non -Owned auto Liability and shall provide either an affidavit or a letter can company
letterhead signed by the bidder indicating either the bidder does not own any vehicles,, and if vehicles are acquired throughout the
term of the contract, bidder agrees to purchase "Owned Auto- coverage as of the date of acquisition. This amended requirement
may be satisfied by way of endorsement to the Commercial General Liability, or separate Business Auto coverage form.
Workers' Compensation and Employer's Liability Insurance. Successful bidder shall maintain Workers' Compensation & Employer's
Liability Insurance in accordance with Florida Statute Chapter440,
A signed Certificate or Cedficates of Insurance, evidencing that required insurance coverages have been procured by the successM
bidder in the types and amounts required hereunder shall be transmitted to the County via the InsuranceCompany/Agent within a
time frarne specified by the Counter (norm aIly within 2 working days of request). Failure to provide required insurance shall render
your bid non responsive_
Except as to Business Auto, Workers' Compensation and Employer's Liability (and Professional liability, when applicable), said
Certificate(s) shall clearly confirm that coverage required by thecontract has been endorsed to include Palm Beach County as an
Additional Insured_
Said Certificate(s) of Insurance shall, to the extent allowable by the insurer, include a minimum thirty (30) day endeavor to notify
due to cancellation (10 days for nonpayment of premium) or non -renewal of coverage_ The Certificate Holder shall read: Palm
Beach County Board of County Commissioners cfo Purchasing department, 50 South Military Trail, Suite 110, West Palm Beach,
FL 5341 5_ It is the responsibility of the successful bidder to ensure that all required insurance coverages are maintained in force
throughout the term of the contract. Failure to maintain the required insurance shall be considered default of oontract.
All insurance must be acceptable to and approved by County as to form, types of coverage and acceptability of the insurers providing
coverage.
Bidder shall agree that all insurance coverage required herein shall be provided by Bidder to County on a primary basis.
Page 330 of 1094
Agenda Item #19.
Page 13
SPECIFICATIONS
I F B #22.071 RIM
SULFURIC ACID 93% SOLUTION, BULL( DELIVERY, PURCHASE OF, TERM CONTRACT
(RE -BID)
PURPOSE AND INTENT
The sole purpose and intent of this. Invitation for Bid (I17113) is to secure firm, fixed pricing and establish a term contract for the
purchase and bulk delivery of Sulfuric Acid 93% solution for Palm Beach County.
COUNTY'$ RESPONSIBILITIES
The County shall-
(1) Order on an as needed basis.
(2) Provide access to the delivery locations.
The County shall not accept any minimum order requirements.
SUCCESSFUL BIDDER'S RESPONSIBILITIES
The successful bidder shall:
(1) ,adhere to all terms, conditions, specifications and requirements of this solicitation.
(2) Bear warning labels on all shipments, as specified by U DOT regulations,
(3) Follow proper handling and delivery procedures that comply with the Department of Environmental Resources Management
(ERM) requirements_
(4) Be equipped with a 2- Carn-Lock Quick Connect Horse (minimum 30' long) for product dispensing (unload).
(5) Deliver product in thoroughly cleaned tank trucks.
(6) Deliver product in bulk as follows_ Tanker load is 4,000 gallons.
TECHNICAL REQUIREMENTS
(1) Trade name:
(2)
Chemical formula-
(3)
Composition:
(4)
Specific gravity:
(5)
Molecular weight:
(6)
Appearance:
(7)
Solubility in water,
(8)
Boiling temperature:
Sulfuric Acid, concentrated
H2SO4
95% by weight, maximum
20 - 1.8
08
Clear, colorless, oily, liquid
Complete
535-586F
CURRENT DELIVERY LOCATIONS (LOCATED WITHIN A WELLFIELD ZONE)
(1) dater Treatment Plant - System #3
13026 Jog Road
Delray Beach, FL 33484
Dennis Ford (561)638-5080
Page 331 of 1094
Agenda Item #19. Page 14
(2) Water Treatment Plant — System 99
2438 -W. 71h Street
Boca Raton; FL 33433
Tom Blumberg (561) 381-5351
(3) Water Treatment Plant —System #fit — Lake Region
39700 Hooker Highway
Belle Glade: FL 33430
Mike Turberville (561)493-6175
Palm Beach County reserves the right to add and delete delivery locations as necessary, at no additional cost to the Couinty-
COUNTY ACCEPTANCE
Delivered items shall not be considered accepted until an authorized agent for the County has, by inspection or test of such items,
determined that they appear to fully comply with specifications. The County may return; at the expense of the successful bidder
and fo- a full refund, any item(s) received which fails to meet the County's specifications or performance standards.
PAYMENT
Payment will be based an the unit price(s) offered on the response page(s)- Payment shall be rendered {RNLI' upon the County's
satisfaction and acceptance of items) delivered- Price shalt include, but is not limited to, all supervision, labor, equipment,
materials, tools, machinery, transportation, shipping, delivery, handling fees and other facilities and services necessary to fully
and completely provide the items) as specified herein,
Page 332 of 1094
Agenda Item #19.
Pag0 15
BID RESPONSE
II=B # 22-071 RIMB
SULFURIC ACID 93% SOLUTION, BULK DELIVERY, PURCHASE OF, TERM CONTRACT
(RE -BIB)
ITEM
N4.
DESCRIPTION
ESTIMATED
12 MONTHS
QUANTITY
UNIT
UNIT
PRICE
TOTAL
OFFERER
SULFURIC ACID 930lo SOLUTION, BULK DELIVERY, AS
SPECIFIED HEREIN
MFRIBRAND OFFERED: r � i! ►i'� -Fto
1.
(MUST BE FILLED IN) fS .Illr
1,200,000
GAL
MFR1BRANDPARTIMODELIOFFERED: I Io Lr+6G
(MUST BE FILLED)
(PRODUCT NAME AND NUMBER OFFERED MUST MATCH THE
DESCRIPTIVE LITERATURE PROVIDED BY VENDOR)
WI urin prices 010 SnOUIO Qe MUM MID t6J Uuu mal P0111IL`` . 11 Yk.'MIJI! b FAIL;111J CWvke uS tvvv l,tJ rjmxilel FulIIL*, ruIu dyally Itn€ lve5 uie IlyIII w euuiiu up ui
down accordingly,
Acknowledge Qualification of Bidders information is included, per Term #10 YESIINITIAL C6
Acknowledge Criminal History Records Check Requirement, per Term #11 YES)lNITIAL CB
Ackncwledge Information and Descriptive Literature is attached and that the manufacturerlbrand and
partlmodel number offered matches the descriptive literature provided by vendor, per Term 421? YEShNITIAL �
Acknowledge Insurance requirements, per Term ##22? YESIINITIAL
* PLEASE AFFIX SIGNATURE WHERE INDICATED
(FAILURE TO DO SO SHALL RESULT IN THE. REJECTION OF YOUR BID)
By signature on this document, bidder acknowledges and agrees that its offer includes and accepts all terms, conditions, and
specifications of the County's bid solicitation as originally published, without exception, change or alteration of any kind,
except as may have been published by the County in official amendments prior to this date of submittal.
Per General Term and Condition 117., if binder is a Joint Venture for the goodsfservices described herein, binder shall, upon
request of the bounty, provide a copy of the Joint Venture Agreement signed by all parties.
Commercial Non -Discrimination Certification:
By signing below, bidder hereby certifies, per General Term and Condition ##3n. that: (i) the information set forth therein is
true and correct tc the best of the bidder's knowledge; and (ii) there are no leg aliadrninistrative proceedings required to be
disclosed, except as disclosed in bidder's response.
CO11I'IPi81NY NAMEI IEnter tho antis legal company name of the bidding entity)
l�1 f 1 u1 L -ue^ h Cs� A-t I, LC
r 1, PRINT NAME:
* ,SIGNATURE
ADDRESS' i i - LaV-r C t s� sou
PRINT TITLE
DATE;
al a;LIa
;L-
b ltll"M,s
CITY } STATE: -tjwjrtJaqAG%--A r _ ZIP CODE: 17 36LI
TELEPHONE # EMERGENCY # TOLL FREE #
FA
$i- &I. Doll(
PLICABLE LICENSE
,)), 0()O(1D 11L
NUMBER #
?'4r t1l 48b1
E-MAID
TY P E:
Fluel q
Page 333 of 1094
Agenda Item #19.
Rage 16
QUAL.IFICATIONS OF BIDDERS
REFERENCES FOR IFB ##22-071RIMB
Eidder shall list references in accordance with the requirements set forth in the Qua Iificatlons of Bidders.
REFERENCE NAME:
ADDRESS:
This contact must he informed that they are
CONTACT NAME: listed listed as a reference, and the County may be
calling them.
Phone: + (� C Cell: jU /A,
CONTACT INFORMATION:-- ---. - --- --
Fax: E-Mail: f-A14. wd l is e) 0_4?0,1.AC
0 J.
SCOPE OF WORK:
4Lr L (- I� Cr4Gi� �I
CONTRACT DATES:
REFERENCE NAME: pp
ADDRESS' 'Pt? b o x �
CONTACT NAME.
Phone: i70. 17V
CONTACT INFORMATION!
Fax:
SCOPE OF WORK:
CONTRACT DATES:
� iw � t /�c•d
This contact must be informed that they are
listed as a reference, and the county may bo
calling them. _
Cell: N A
i. E-Mail: 1�-TE l)+-1 0 "10V dry �
REFERENCE NAME: {
ADDRESS'
This contact must be informed that they are
CONTACT NAME, � listed as a reference, and the Gounty may be
calling them.
Rhone: D $ Cell, /A
CONTACT INFORMATION:
Fax,. E-Mall: I'vk L dA4A0 t•� Q� G a-�.e rr•l .
SCOPE OF WORK: ALA
CONTRACT DATES:
FIRM NAME; k efev[ - r+x�ic�4 jLvkp 4j 4 LL[
Page 334 of 1094
Agenda Item #19.
Page 17
CERTIFICATION OF BUSINESS LOCATION
IF B #22-07 I RFMB
In accordance with the Palm Beach County Local Preference Ordinance, as amended, a preference may be given to: (1)
bidders having a permanent place of business in Palm Beach County ("County") or (2) bidders having a permanent place of
business in the Glades that are able to provide the goods andfor services to be utilized within the Glades_ To receive a local
preference, bidders must have a permanent place of business within the County or the Glades, as applicable, prior to the
County's issuance of the solicitation. A Business Tax Receipt which is issued by the Palm Beach County Tax Collector,
authorizes the bidder to provide the goods/services being solicited by the County, and will be used to verify that the bidder had
a permanent place of business prior to the issuance of the solicitation. The bidder must submit this Certification of Business
Location ("Certification") along with the required Business Tax Receipt at the time of bid or quote submission. The Business
Tax Receipt and this Certification are the sole determinant of local preference eligibility_ Errors in the completion of this
Certification or failure to suInmit this completed Certification will cause the bidder to not receive a local preference.
In instances where the bidder is exempt by law from the requirement of obtaining a Business Tax Receipt, the bidder must,- (a)
provide a citation to the specific statutory exemption: and (b) provide other documentation which clearly establishes that the
bidder had a permanent place of business within the County or the Glades prior to the date of issuance of the solicitation. The
County hereby retains the right to contact said bidders for additional information related to this requirement after the bid due
date.
Bidder is a:
Local Business: A local business has a permanent place of business in
Pala Beach County_
(Please indicate):
Headquarters located in Palm Beach County
Permanent office or Other site located in Palm Beach County
r from which a vendor will produce a substantial portion of the
�( goods or services_
Glades Business: A Glades business has a permanent place of business in
the Glades.
(Please indicate):
Headquarters located in the Glades
Permanent office or other site located in the Glades from which a
vender will produce a substantial portion of the goods or services.
The attached copy of bidder's County Business Tax Receipt verifies bidder's permanent place of
business.
THIS CERTIFiCATIONd is submitted by
of
(Name of Individual}
(Title/Position) (Firm Marne of Bidder)
as
who hereby certifies that the information stated above is true and correct and that the County Business
Tax Receipt is a true and correct copy of the original. Further, it is hereby acknowledged that any
misrepresentation by the bidder on this Certification will be considered an unethical business practice
and be grounds for sanctions against future County business with the bidder.
(Signature) (Date)
Page 335 of 1094
Agenda Item #19.
Page 18
DRUG -FREE WORKPLACE CERTIFICATION
IFB #22-071 aRfMB
IDENTICAL TIE BIDS - In accordance with Section 287.087, F.S., a preference shall be given to vendors submitting
with their bids the fallowing certification that they have implemented a drug -free workplace program which meets the
requirements of Section 287.087; provided, however, that any preference given pursuant to Section 287.087, shall be
made in conformity with the requirements pursuant to the Palm Beach County Code, Chapter 2, Article III, Sections 2-
80_21 thru 2-80.34. In the event tie bids are received from vendors who have not submitted with their bids a completed
Drug -Free workplace Certification farm, the award will be made in accordance with Palm Beach County's purchasing
procedures pertaining to tie bids.
This Drug -Free workplace Certification farm must be executed and returned with the attached bid, and received on or
before the published bid submission deadline to be considered. The failure to execute and/or return this certification
shal i not cause any bid to be deemed non -responsive.
Whenever two (2) or more bids which are equal with respect to price, quality, and service are received by Palm Beach
County for the procurement of commodities or contractual services, a bid received from a business that certifies that
it has implemented a drug -free workplace ,program shall be given preference in the award process. In order to have
a drug -free workplace program, a business shall:
(1 ) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession,
or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken
against employees for violations of such prohibition.
(2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a
drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and
the penalties that may be imposed upon employees for drug abuse violations.
(3) hive each employee engaged in providing the commodities or contractual services that are under bid a copy
of the statement specified in number (1).
(4) In the statement specified in number (1), notify the employees that, as a condition of working on the
commodities or contractual services that are underbid, the employee will abide by the terms of the statement
and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of
Chapter 893, Florida Statutes, or of any controlled substance law of the United States or any state, for a
violation occurring in the workplace no later than five (5) days after such conviction.
(5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation
program if such is available in the employee's community, by any employee who is so convicted.
(6) Make a good faith effort to continue to maintain a drug4ree workplace through implementation Section
287.087, Florida Statutes.
THIS CERTIFICATION is submitted by k >f r S Korpts the
(individual's Name)
a,,1GeiCeti I Gov- of L}rf'f VG � ca►�s `►"+ t (.t.
(Title/Positi n with Company/Vendor) (Name of Company/Vendor)
who [foes hereby certify that said CompanyiVendor has implemented a drug-frea workplace program which meets the
requirements of Section 287.087, Florida Statutes, which are identified in numbers (1) through (6) above.
r� -
Signature
Revised - Y 1 00116
Date
Page 336 of 1094
Agenda Item #19.
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337 of 1094
Agenda Item #19.
Page 20
OEBO LETTER OF INTENT --SCHEDULE 2
A completed Schedule 2 is a binding document between the Prime Contractor/consultant and a Subcontractor/subconsultant (for
any, tier) and should be treated as such. The Schedule 2 shall contaln bolded language indicating that by signing the Schedule 2, both
,parties recognize this Schedule as a binding document. All 5ubcontractcors/Subconsultants, including any tiered
Subcontractors/subconsuI tan ts, must properly execute this document. Each properly executed Schedule 2 must~ be submitted with the
bid/proposal-
SOLICITATION/ PROJECT NUMBER: t.-I-PIAW,,c acA
SOLICITATION/PROJECT NAME;
Name of I"rime: keae e.( .0- pe 1 I I.L.Q.
(Cheek bax(es) that apply)
SBE WBE MBE M/W[3L Non-S/M/WBE Oate of Palm Beach County Certification (if applicable):
The undersigned affirms they are the following (select one from each column if applicable)-
Column 1 Column 2 Column 3
VIDILe Female African-American/Black Asian American Caucasian American Supplier
Hispanic American Native American
S/M/WBE PARTICIPATION — S/M/WBE Primes must document all work to be performed by their own work farce on this form. Failure to submit a
properly executed Schedule 2 for any S M OE participation may result in that ;participation not being counted, Specify :in detail, the scope of workto
be Performed or items supplied with the dollar amount and/®r percentage for each work Item. S/M/WBE credit will only be given for the areas in which
the 5/M/WBE is certlfled. A detailed pfoposal may he attached to a properly executed Schedule 2_
Line
Item
Item) Description
76nit Prlc+s
Quantity/
Units
Contingencies/
Allowances
Total Price/Percentage
The uoder5igried Subcontractor/subconsultant is prepared to 5elf-perform the above -described work in conjunction with the aforementioned project
at the following total prlce or percentage,
If the undersigned intends to subcontract any portion of thiswork to another 5uhcontractor/suhronsultant, ptease list the business name
and the amount below actompanled by a separate properly executed Schedule 2,
Price or Percentage:
Name of 2M/Vtier Subcontractor/subtonsultant
Print Nam f R '
—
Authorized Signature
PrintName
nt
r L 6.+ l
Title
Date: 0 1 �- ` 7 2
Print Name of Subcontractor/subconsultant
By:
Authorized Signature
Print Name
rtle
Date:
09/27/28/2019
Page 338 of 1094
Agenda Item #19.
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Page 339 of 1094
Agenda Item #19.
Page 22
OEBO SCHEDULE 4 — SUBCONTRACTOR/SUBCONSULTANT PAYMENT CERTIFICATION
A properly executed Schedule 4 shall be submitted for each Subcontractor/subconsultant after receipt of payment fforri the Prime. The Prime
shall submit this form with each payment application or invoice submitted to the Countyw+hen the COUNTY has paid the Prime on the previous
payment application for services provided by a Subcontractor/subconsultant. All named Subcontractors/subconsultants on this form must also
complete and. submit a separate Schedule 4 after receipt of payment. if the Prime is an 5/M/WBE, completion of a Schedule 4 is also required
to document all portions of work performed by their work force. A completed release of lien form can be submitted in lieu of a Schedule 4,
This is to certify that
(Monthly) or (Final) payment of $
On /
MM DID YY1+y
On
(Project Name)
(Subcontractor/subconsu It ant Name)
from
for my
Month
(Prime Contractor Name)
Invoice for labor and/or materials supplied
/
DEPT.., TASK ORDER/WORK ORDER/DELIVERY ORDER/PURCHASE ORDER/ NO.:
PRIME CONTRACTOR/CONSULTANT VENDOR CODE:
SLIBCONTRACTOR/SUBCONSULTANT VENDOR CODE:
(Project No.)
received a
If the undersigned intends to distribute any portion of this payment to another
Subcontractortsubconsultant, please list this lousiness name and the amount below accompanied by a
separate properly executed Schedule 4.
Price or Percentage:
Name of 21131 tier SubscontractorfsubconsuIto nt
By:
(Signature of Subcontractor/subconsuItant)
STATE OF FLORIDA
COUNTY
(Marne &Title of Person executing on behalf of Subcontractor/subconsuItant)
The foregoing instrument was acknowledged before me by means of I1 physical presence or ' ' online notarlxation, this day
of -- (year), by (name of person atkriowl edging).
Notary Public, State of Florida
Print, Type orStarnp Commissioned Name of Notary
Personally Known OR Produced Identification Type of Identification
Rewired 17/3112019
Page 340 of 1094
Agenda Item #19.
Analysis Specification
Tvoicall
Sulfuric ►acid l-I2 4) 93.7% 9 .7 - 94.6%
Iron (Fe) 12 ppm 3 - 30 ppm
Product is NSF-60 Certified_ Maximum Use 50 m91L
Clarity @ 590nm 98 70 — 99.5
Specific Gravity 1.83 1.81 - 1.85
Lead (Pb) ND 1 uglL
Mercury (Hq) Na- — 0.2 uQ/L _..
*Additional Trace Metals Analysis Available On Request --
IF
CL41 Wd t:
NSF,AWI r6".
Phase refer to the Safety Data Sheet 16OS #: MQS200005) fear additlonaI Information (www. mosaioco.corn)
The information contaored in this data street is a represenlabon of €fee average prioperffes orproduct analyses as tested on composite samples and lyprM
analyses s+oouW not be ccrrsicFered a guaranteed specYkation. fndivlduai shlpmerrt and grab sample analyses may fall outside of the above lypic.ai values
Additionef hendhn j, transportetion. or frnproperleeended storage rimy affect product analyses. Mcksaic disclaims anyresponsibif#y or &aUity for any loss or
damage that may occur from any reliance on, or other use of. the above wForrrratfon +with respect to the product..
Copyright 2018. The Mosaic Company. All Rights Reserved.
Page 341 of 1094
Agenda Item #19.
4(*�
Shreuae
1. IDENTIFICATION
Product Name (s)
Product Use
Supplier
Contact Numbers
E-mail Contact for SDS
Emergency Telephone
Number
SAFETY DATA SHEET
SULFURIC ACID
Rev. [late: 0211gf2019
SULFURIC ACID
pH adjustment, water treatment and various induslrial applications.
Shrreve ChemicalCompany
1755 Woodstead Court, The Woodlands, TX 77380-USA
800-367.4226
Cusl-5ervAshrieve.com (customer service)
C H EMT R EC: 600-424-9300
2. HAZARDS IDENTIFICATION
Hazard Classification
Skin Corrosion, 1 B
Eye Damage, 1
Corrosive to metals, 1
Precautionary Statements
DANCEW Causes severe skin burns and eye damage.
Causes serious eye damage. May be corrosive to
metals
Do not breathe 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.
If swallowed rinse mouth, do NOT induce vomiting. If on
skin or hair take off immediately all contaminated
Clothing. Rinse skin with watertshower_ Wash
oonlaminated orpthing before reuse. If inhaled remove
person to fresh air and keep comfortable 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 dafnage.
Store locked up. Stare in a corrosion resistant container
+with a resistant liner.
Dispose of cantentsfcontainer in accordance with
Iocalfstatellederal regulations..
Shrieve Chemical Company
Page 1f8
Page 342 of 1094
Agenda Item #19.
Shriev e
3. COMPQSliTIDN i INFORMATION ON INGREDIENTS
Description Kxturc
Component
SuIfunc Acid
Water
4. FIRST AID MEASURES
SAFETY DATA SHEET
SULFURIC ACID
CAS No.
Cana (%)
7864-93-9
93-98
7732.1a-5
balance
Rev. Date; 0 211 W20 19
Inhalation Remove victim from immediate source of exposure and assure thal 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 Feast 15 minutes,
Seek medical attention if irritation deverops or persists. Remove contaminated
clothing and shoes. Clean contarninated clothing and shoes before re -use
Eye Obtain immediate medical attention. Immediately flush eye with plenty of water for
at least 20-60 minutes while holding eyelids open,
Ingestion If viOrn 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 is
conscious. give water to further dilute the chemical,
v. FIRE FIGHTING MEASURES
Extinguisning media Use extinguishing media suitable for surrounding fire
Unsuitable extinguishing None.
media
Fire fighting procedures Firefighters should wear NICSHIMSHA approved positive pressure breathing
apparatus with full face -piece and full acid -resistant protective clothing. Fight fire
from maximum distance. Reacts violently with water releasing heat and corrosive
material.
Combustion products Oxides of sulfur.
Shr'ieve Chemical Company
Page 218
Page 343 of 1094
Agenda Item #19.
SAFETY DATA SHEET
SULFURIC ACID
Rev. Date: 0211912019
Shricvc
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 transportalion spill (tank truck
or tank car}.
Personal Protection
Wear protective clothing specified for normal operations (see section S).
Environmental Protection
Do not flush to drain. Runoff from fire Control or dilution water may cause ,pollution.
Slap leak if it can be done without risk. Dike spill using absorbent or impervious
Clean tip methods -small
materials such as earth, sand or clay. 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 clay. Dike or retain dilution water or water from
firefighting for later disposal. Rump 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 Storage).
7. HANDLING AND STORAGE
Dry 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.
When diluting an acid. ALWAYS add the acid slowly to water and stir 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
with impermeable material.
S. EXPOSURE CONTROLSIPERSONAL PROTECTION
omupatonal exposure limits TWA hours)
compopents! List name �ppm mg/rn& 4thet
SulruricAcid USACGiH
OSHA PEL 1
STEL (15 Min) I Cei
i3
Shrieve Chemical Company
Other I ppm I mg/m3 I Other NOteS
Page 318
Page 344 of 1094
Agenda Item #19.
SAFETY DATA SHEEN'
SULFURIC ACID
Rev. Cate: 0211912019
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 andlor 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 NIOSHIMSHA 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 (halt-mask1full-face)
respirator with cartridgesicamister approved tar 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 Z97 approved
equipment should be selected for the particular use intended for this material
t=ye 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.
PHYSICAL AND CHEMICAL PROPERTIES
Appearance & Physical state Colorless, oily liquid
Odor none.
Odor ThresoId Not applicable
pH -value 1 at 1% by weight
MeltingfFreozing Point -36 to .28 C 03 to -18 F)
Initial Boiling Point 151 to 276 C. (304 to 529 F) at 760 mmHg
Range
Flash Point Not applicable
Shrieve Chemical Company
Page Zli8
Page 345 of 1094
Agenda Item #19.
SAFIF I Y DA [-A SHEET
SULFURIC ACID
Rev. Date: 0211912019
Evaporation Rate
Flammability
Uppe01-over Explosion
Limits
Vapor Pressure
Vapor Density
Relative density
Not available
Not applicable
Not available
1 to 0 mmHg at 40 C (104 F)
3.4
1.6-1.8 {25.°Cj
Density 1.6 to 1.9 g1 m1 ai 25 C (77 F).
Solubility Dispersible in waster
Partial coefflclent Not available
in-octanolhxater)
Auto -ignition Temperature Not available
Decomposition Temporstuire Not available
Viscosity Not available
11I1. STABILITY AND REACTIVITY
Stability Stabre under normal conditions of use,
Conditions To Avoid None known_
Incompatible Materials Reacts violently with water. Avoid strong redurting agents, halogens, bases.
melals and nitrogen compounds.
Thermal Decomposition Oxides of sulfur
Products
Shrlave Chemical Company
Page W
Page 346 of 1094
Agenda Item #19.
SAFETY DATA SHEET
SULFURIC ACID
Rev. Date: 0211912019
Shrieue
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 acids are known
to be corrosive and cause severe tissue destruction.
Eye irritation 250 ug124 hr, rabbit. Severely irritating_
Acute toxicity - Dermal ND
LC50 - lethal concentration Sit% of test species, 510 mglcu m12 hr, rat.
Acute toxicity - Inhalation LC50 - lethal concentration 50% of test species, 347 ppmll hr, rat.
Acute toxicity - Oral LD50 - lethal! dose 50% of test species, 2140 mglkg, rat.
Repeated dose toxicity This product contains substances that are Considered to be probably or suspected
human carcinogens. The International Agency for Research on cancer (IARCy 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 diethylsulfate and Rickel, 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 ND -
Developmental toxicity NID,
12. ECOLOGICAL INFORMATION
Basis for Assessment. 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., Publicatian No, 3-A, p, 279, California Mate
Water Resources Central Board, Sacramento; CA (rev. 1963y.
Mobility ND
PersistenceldegradabiIity ND
Bio,acrumulation ND
Freshwater Fish Toxicity ND
Shriave Chemical Company Page618
Page 347 of 1094
Agenda Item #19.
SAFETY DATA SHEET
SULFURIC ACID
Rev. Date: 02/1912019
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
vveste disposal may be more restrictive or othefvise different from federal laws and
regulations. Consult state and IocaI regulations regarding the proper disposal of this
material.
Container disposal Drain container and rinse thoroughly. Puncture container to avoid reuse. Dispose to
licensed disposal contractor.
La cal Legislation The recommendations given are considered appropriate for safe disposal. However,
local regulations may be more stringent and these must be complied with.
14. TRANSPORT INFORMATION
COT Classification UN1830, 8,. PGII
SULFURIC ACID
Reportable quantity: 1000 LBS
15. REGULATORY INFORMAT(ON
INTERNATIONAL REGISTRAEON:
TSCA (USA} All components listed or exempted
SARA 302130413111312 extremely hazardous substances: Sulfuric Acid, 10f1fl
lbs.
SARA 3021304 emergency planning and notification: Sulfuric Acid
SARA 302I30413111312 hazardous chemicals: Sulfuric Acid
SARA 31V312 VISDS distribution - chernlcal inventory - hazard
identification; SULFURIC ACID: Immediate (acmte) health hazard, Reactive
Hazard.
CERCLA: Hazardous substances.: Sulfuric Acid, 100D Ibs,
Shrieve Chemical Company
Page: 'at'
Page 348 of 1094
Agenda Item #19.
Eihriev�
16. OTHER INFORMATION
HEALTH HAZARD: 3
FIRE HAZARD: 0
REACTIVITY:2
SAFETY DATA S1iEET
SULFURIC ACID
Rev. Date 02119f2419
Prepared by: Audds King
Revisions: OW&2015, Updated sections 2, 3, 9. Ccnverted to GSH formal.
11010/2913: Updated format
02A912019: Updated exposure limits
The information is based on the data of which we are mare and is believed to be correct as of the data hereof. Since
the information contained herein may be applied under conditions beyond our oontrol and with which we may be
.rnfamillar and since data made available subsequent to the date hereof may suggest modiftation of the information,
,ve do not assume any re spa nsibiIity for the result of its use. This information is furnished upon condition that the
Derson receiving it shall make his own determination of the suitability cf the material for his particular purpose
Shrieve Chemical Company
Page W8
Page 349 of 1094
Age
State of Florida
Department of State
I certify from the records of this office that SHRIFVE CHE ICAL
COMPANY, LLC is a Texas limited liability company authorized to transact
business in the State of Florida, qualified on January 24, 2022.
The docunient number of this limited liability company is. M22040001 143.
1 further certify that said limited liability company hus paid all fees due this
office through December 31, 2022 and that its status is active.
I further certify that said limited liability company has not filed a Certificate of
Withdrawal.
Given under jaty hand and the
[;rent Serra of tit Strata of FtorW&
at 1'eflaher1xr�,, t1n, Capital, this
the Twentieth dery of Ane, 2022
Seeretuty,f1#1, T111te
Tracking; Number: 9203007407CU
To authenticate this ctrtilirate,visit the F011mltiiug site.citter this number, and Then
follow the iR.%tructianr displayed.
https:/iservices.stinbix.org]Filing.%iCurtiFLcateOftit:itas!C'ert Hcatehuthentie:itigrn
Page 350 of 1094
Agenda Item #19.
Client#: 697885 SHRIECHE
DATE IMM OD1YYYY)
ACORD,., CERTIFICATE OF LIABILITY INSURANCE 10/18/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ios) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and Conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer any rights to the certificate holder in lieu of such ondorsemont(s).
PRODUCER WANNT
E; Heather Razo
USI Southwest PHONE 713 490 4587 484-862-6183
(A1C, No.E,,: -
9811 Katy Freeway, Suite 500 ADDRESS: heather.razo@usi.com
Houston, TX 77024 INSURERIS)AFFORDINGCOVERAGE NAIC4
713 490-4600 INSURER A: Ironshore Specialty Insurance Co ~25445
INSURED INSURER B: Texas Mutual Insurance Company 22945
Shrieve Chemical Company, LLC;INSURER C: Argonaut Insurance Company 19801
Shrieve Chemical Products, LLC
INSURER D
1442 Lake Front Circle, Suite 500 — -- --
The Woodlands, TX 77380 INSURERE:
COVERAGES CERTIFICATE NUMBER: 33782715 REVISION NUMBER:
I HIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BFI OW HAVE BEEN ISSUED TO THE INSUREC NAMED ABOVE FOR IIIIE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER COCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
TR TYPE OF INSURANCE �iADDL SUBR ( POLICY EFF (MOL POLICY EXP) LIMITS
L INSR WVD . POLICY NUMBER 1YYYY
A X COMMERCIAL GENERAL LIABILITY IEPICCDDT0001 10/0112021 1010112022 EACHOCCURRENCE $1,000,000
ppgqf�ppGGEErr RENTED
_I CLAIMS•VAUt _X OCCUR PREMISESIII
oocutfMloe) $600 000
MEDEXP(Anyonepe^ron) 525,000
PERSONAL R ADV INJURY 31,000,000
GENL AGGREGATE LIMIT APPLIES PER — GENERAL AGGREGATE S 2,000,000
POLICY XI PRO-
JECT X LOC PRODUCTS - COMPIOPAGO 52,000,000
OTHER: _ _
A AUTOMOBILE
�e°$I LEUMIt
sFa
5 _
51,000,000
ANY AUTO
BODILY INJURY (Per person)
5
py�,�EO SCHEDULED
AUTOS ONLY AUTOS
NEDONLY
X AITOS ONLY X AU
AU I C$ ONLy
DOCHY INJURY floor ec erddenll
PROPERTY DAMAGE
(Per alxi9enry
S
S
S
A
UMBRELLA LIAG X OCCUR
IEELCASCDDTJ001
10/0112021 10/011202Z EACH OCCURRENCE
520,000,000
X EXCESS LIAB CLAIMS -MADE
AGGREGATE
s20,000,000
DELI RETENTIONS
IPER
B
WORKERS COMPENSATION
0001163631
10/0112021 101011202? X SIATVTF ERH
AND EMPLOYERS' LIABILITY Y , N
C
ANY PROPHIF I ORIPARTNEWEXECUTIVE
WC928438262314
10/01/2021 10/01/202 E L. EACH_ACCIDENT
$1,000,000
CFFICERIMEAIBEREXCLUDEDI N
(Mandatory In NH) _
NrA
E L. DISEASE - EA EMPLOYEE $1 000,000
If M. describe under
0 SCRIPT ION OF OPERATIONS below
F L DISEASE - POLICY LIMIT
$1 000,000
A
Pollution
IEPICCDDTD001
10/0112021 10101/2022 S1,000,000Per Occ.
Liability
DESCRIPTION OF OPERATIONS I LOCATIONS f VEHICLES (ACORD 101, Additlonal Remarks Schedule, maybe attached if more space Is required)
Named Insured, continued: Shrieve Chemical Services -US, LLC
General Liability is a Package Policy that includes Pollution Coverages as follows: Contractors Pollution
Liability; Time Element Pollution (BI/PD); Non Owned Site Pollution (131113D), Transportation Pollution
Liability and Products Pollution Liability Coverages.
(See Attached Descriptions)
CERTIFICATE HOLDER L ANLtLLA I WN
Shrieve Chemical Company $I1rIEVe SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
P y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Chemical Products ACCORDANCE WITH THE POLICY PROVISIONS.
1442 Lake Front Circle suite 500
The Woodlands, WA 77380 AUTHORIZED REPRESENTATIVE
(01988.2015 ACORD CORPORATION. All rights reserved
ACORD 25 (2016/03) 1 Of 2 The ACORD name and logo are registered marks of ACORD
#S33782715/M33541071 SACT Page 351 of 1094
Agenda Item #19.
Shrieve Chemical Company, LLC
1 142 Lake Front Or lc. Suitt 500
The Wnod lands, Trkas 77380
KIP YFIRF DG.ILL (281) 367-4226
Email: tlhrcidgill'"rishricvc.com
Au -tilt 19, 202
Palm Beach COLInty Florida
Purcliasing Department
50 outh Military Trail, Suite 110
West Palm Beach, Florida 33415
Re: Authorization to bind Shrieve Chemical Company, LLC (the "Company")
To whore it may concern:
Chris Burns is the Marketing Manager of the Company and is authorized to negotiate and
enter into transactions and documents can behalf ofand in the name of Shrieve Chemical
Company, LLC in connection with Palen Beach County Florida_ lFB4 22-071RJMB Ior
Sulfuric ,Acid. Set forth opposite his title is a genuine specimen ol`Chris Burns:
Name Title Signature
Chris Burns Marketing Manager
Thank you for your assistance with regard to this matter. Please let me know if you have
further questions.
Sincerely,
Ted ThreadgiII
President
Page 352 of 1094
Agenda Item #19.
cd
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Page 353 of 1094
Agenda Item #19.
Form J
Date Sent: September 9, 2022
IFB # 22-071R/MB
User Department: Water Utilities
DEPARTMENTAL EVALUATION FORM
Buyer: Marva Brown
IFB Title: Sulfuric Acid 92% Solution, Purchase of,
Term Contract
User Department Contact: Vernetha Green
Evaluate enclosed Information, sign, date and return to Purchasing by: 09/16/2022
KEYS FOR DEPARTMENT EVALUATION
(2) Responsive and Responsible Respondent Meeting Specifications
(3) Not Responsive/Responsible to IFBIRFQ
(4) Not Technically Evaluatedlin Excess of Department's Funding Limits
The following responses have been received by the submission deadline and are attached for your evaluation.
LIST RESPONDENTS FROM LOWEST TO HIGHEST TOTAL OFFER
Shrieve Chemical Company, LLC
EVALUATION KEY
_(SEE ABOVE)
(A)
Sulphuric Acid Trading Company, Inc. $2,604,000
if a Respondent is deemed non-responsive/responsible, a detailed Justification must be furnished below andlor attached.
Generalities will not be accepted as sufficient justification.
Remarks:
User Department Signature:
Title: Gv 7Y QVc,r T s11
$2,556,000
Date: 19
Vernetha M. Green, MBA, CPPB
Palm Beach County - WUD
Support Services Coordinator
SEP 19 2022
APPROVED
Page 354 of 1094
Agenda Item #19.
Form V
REFERENCE CHECK
(One reference per sheet)
SOLICITATION # 22-071R/MB, Titlo: Sulfuric Acid 92% Solution, Purchase of, Term Contract
Reference checks are to be completed via phone by a County employee
and NOT emailed or faxed to the reference for completion.
Bidder/Quoter Name:
Reference Name:
The following Information was verified with:
(Name of Reference Contact Person)
Shdeve Chemical Company LLC.
City of Lakeland
Tara Wells / Thomas hn n
1. What type of goods / services has the above Firm provided for your Company? 93% Sulfuric Acid
Notes:
How Long? Since 2016
What are the start and completion dates for goods / services provided? Enter Information below.
Order/Project/Contract Start Date: 20%
_ Service
What is / was the dollar amount spent for the goods / services?
12. 1 Were you satisfied with the goods / services? Yes
If no, explain why:
C
$245,000 Annually
Did the above Firm have the proper equipment and personnel to provide the goods I services?
Yes I X1
If no, explain why:
Howwould you ratethe Firm's overall performance In meeting your required needs? Check below:
Fair Poor
Excellent Good Average (please explain (please explain
below) below)
IX] [ ] [ 1 I l [ ]
Explain why performance was fair or poor:
5. Would you recommend this Firm for future goods / services?
Yes I X ]
If no, explain why:
Comments:
Palm Beach County Department Signature:
Page 355 of 1094
Agenda Item #19.
Form V
REFERENCE CHECK
(One reference per sheet)
SOLICITATION ff 22-071R/MB. Title: Sulfuric Acid 92% Solution, Purchase of, Term Contract
Reference checks are to be completed via phone by a County employee
and NOT emailed or faxed to the reference for completion.
Bidder/Duoter Name:
Reference Name:
The following information was verified with:
(Name of Reference Contact Person)
Shrieve Chemical Company LLC.
Vero Beach
Ed TiRton _
1. I What type of goods / services has the above Firm provided for your Company? 93% Sulfuric Acid
Notes:
How Long? Approximately 4 - 5 vears I
What are the start and completion dates for goods / services provided? Enter Information below.
Order/Project/Contract Start Date: January 2022 Order/Project/Contract Completion Deli
n
_ _ry__ Service OR Current/On-Going: Ongoh
What Is I was the dollar amount spent for the goods / services? Approximatley $300.000 Annuatty
2. Were you satisfied with the goods / services? Yes
If no, explain why:
Did the above Firm have the proper equipment and personnel to provide the goods I services?
Yes [ X]
If no, explain why:
How would you rate the Firm's overall performance in meeting your required needs? Check below:
_ --- Fair Poor
Excellent Good Average (please explain (please ex
below
Explain why performance was fair or poor:
Would you recommend this Firm for future goods / services?
Yes[ X 1
If no, explain why:
Comments:
[ l
Palm Beach County Department Signature: D err• .. 41 , - A— Date: C% / / , / ", ) I
Page 356 of 1094
Agenda Item #19.
Form V
REFERENCE CHECK
(One reference per sheet)
SOLICITATION # 22-071R/MB. Title: Sulfuric Acid 92% Solution, Purchase of, Term Contract
Reference checks are to be completed via phone by a County employee
and NOT emailed or faxed to the reference for completion.
Bidder/Quoter Name:
Reference Name:
The following information was verified with:
(Name of Reference Contact Person)
Shrieve Chemical Companv LLC.
Cape
Mark
Coral
1. I What type of goods / services has the above Firm provided for your Company?
Notes:
How Long? J"'LM ""'
What are the start and completion dates for goods / services provided? Enter information below.
Order/Project/Contract Start Date: 2015 OrderlProject/Contract Completion Date OR Date of Last
[Service OR Current/On-Going: OngOing_ T
What is / was the dollar amount spent for the goods / services? $1.5 million Annually
2. Were you satisfied with the goods / services? Yes
If no, explain why:
3. Did the above Firm have the proper equipment and personnel to provide the goods / services?
Yes [ X]
If no, explain why:
14. 1 How would you rate the Firm's overall performance in meeting your required needs? Check below: I
Excellent I Good I Average I (plea" explain I (please explain
IXj ( l I( 1 I I ] I [ 1
Explain why performance was fair or poor:
S. Would you recommend this Firm for future goods 1 services?
Yes [ X)
If no, explain why:
Comments: -
Palm Beach County Department Signature: Date:
Page 357 of 1094
Agenda Item #19.
Form V
REFERENCE CHECK
(One reference per sheet)
SOLICITATION # 22-071R/MB, Title: Sulfuric Acid 92% Solution, Purchase of, Term Contract
Reference checks are to be completed via phone by a County employee
and NOT emailed or faxed to the reference for completion.
Bidder/Quoter Name: Sul hudc Acid Trading Company,Inc.
Reference Name:
._ _Collier County
The following information was verified with:
Name of Reference Contact Person Howard Br0 eon
I T
What type of goods ! services has the above First provided for your Company? 93% Sulfuric Acid
Notes:
How Long? About 20+ years
What are the start and completion dates for goods / services provided? Enter information below.
Order/Project/Contract Start Date: Current Contract 5/202 Order/Project/Contract Completion Date OR Date of Last
Service OR Current/On-Going: Ongoing
What is l was the dollar amount spent for the goods / services? g.14225 per lb
Were you satisfied with the goods 1 services? Yes
if no, explain why:
3. Did the above Firm have the proper equipment and personnel to provide the goods I services?
Yes I A
If no, explain why:
1 4. How would you rate the Finn's overall performance In meeting your required needs? Check below:
Fair Poor
Excellent Good Average (please explain (please explain
below below
Ix) [ I [ ] I ] _ I 7
Explain why performance was fair or poor:
5. Would you recommend this Firm for future goods ! services?
Yes[ X ]
If no, explain why:
Comments:
Palm Beach County Department Signature: t Date: r' f
Page 358 of 1094
Agenda Item #19.
Form V
REFERENCE CHECK
(One reference per sheet)
SOLICITATION # 22-0T1 R1MB, Title: Sulfuric Acid 92% Solution, Purchase of, Term Contract
Reference checks are to be completed via phone by a County employee
and NOT emailed or faxed to the reference for completion.
Bidder/Quoter Name:
Suphuric Acid Trading
Company Inc.
Reference Name: Tampa Bay Water c/o Veolia Surface WTP
The following Information was verified with:
(Name of Reference Contact Personl Ken Bevea
1.
What type of goods / services has the above Firm provided for your Company? 93% Sulfuric Acid
Notes:
How Long? Approximately 19 years
What are the start and completion dates for goods / services provided? Enter information below.
Order/Project/Contract Start Date: Feb. 2003 Order/Project/Contract Completion Date OR Date of Last
Service OR Current/On-Gol00golng
What Is / was the dollar amount spent for the goods I services? Approximately $1 million annual)
Were you satisfied with the goods / services? Yes
If no, explain why:
Did the above Firm have the proper equipment and personnel to provide the goods / services?
Yes[ X]
If no, explain why:
14. 1 How would you rate the Firm's overall performance In meeting your required needs? Check below.
Excellent I Good I Average I (please explain
I I I— IX] _ f ]
Explain why performance was fair or poor:
S. Would you recommend this Firm for future goods / services?
Yes ( X]
If no, explaln why:
Comments:
Palm Beach County Department Signature: p
(please explain
Date: � ,/ / (� l .) � )..)
Page 359 of 1094
Agenda Item #19.
Form V
REFERENCE CHECK
(One reference per sheet)
SOLICITATION # 22-071R/MB. Title: Sulfuric Acid 92% Solution, Purchase of, Term Contract
Reference checks are to be completed via phone by a County employee
and NOT emailed or faxed to the reference for completion.
Bidder/4uoter Name:
Sulphuric Acid Trading Company, Inc.
Reference Name:
Seacoast Utility Authority
The following information was verified with:
Name of Reference Contact Person
BobTakahashi
1.
What type of goods / services has the above Finn provided for your Company? 93% Sulfuric Acid
Notes:
How Long? Since 2014
What are the start and completion dates for goods / services provided? Enter information below.
Order/Pro'ect/Contract Start Data: Nam,, �„�� Order/Project/Contree Completion Date OR Date of Last
J begins 10/2o2z Service OR Current/On-Going: O of
What Is I was the dollar amount spent for the goods / services? $250.00 ton
2. Were you satisfied with the goods / services? Yes
If no, explain why:
3. Did the above Firm have the proper equipment and personnel to provide the goods / services?
Yes [ X 1
IIf no, explain why:
4. How would you rate tho Firm's overall performance in meeting your required needs? Check below:
Fair Poor
Excellent Good Average (please explain (please explain
below) be -low)
I X I [ l [ l [ ] ( ]
Explain why performance was fair or poor:
Would you recommend this Firm for future goods / services?
Yss [ X ]
If no, explain why:
Comments:
Palm Beach County Department Signature:
Date:
Page 360 of 1094
Agenda Item #19.
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`Page 361
of 1094
Purchasing Department
Form L
50 South Military Trail. Suite 110
October 18, 2022
West Palm Beach. FL 33415.3199
(561)616.6800
Shrieve Chemical Company, LLC.
Chris Burns, Marketing Director
rnx: (561) z4z•6744
1755 Woodstead Ct
www.pbcgov.comgnvchasing i
The Woodlands, TX 77380
TERM CONTRACT # 22071 R
Dear Vendor:
■
This is to inform you that Palm Beach County Board of County Commissioners
("County") is entering into a Term Contract with your company for Sulfuric Acid 93%
Patin Beach County,
Solution, BUlk-Delivery, Purchase of based on:
Board of County
Commissioners
[X] SOLICITATION # 22-071R/MB
Robert S. weinroth, Mayor
The term of this contract is 10/18/2022 through 10117/2023 and has an estimated dollar
value of $2,530,000.00.
Gregg I<. Weiss. Vice Mayor
Maria G. Marino
If applicable, Vendor shall maintain all insurance coverage(s) throughout the entire
term of the contract, including any renewals or extensions thereof.
Dave Kerner
County User Departments will issue individual "Delivery Orders" against this contract
Maria Sachs as your authorization to deliver. The original invoice must be sent to the address on
Melissa hicilinlay the Delivery Order ("DO") and must reference the DO number (e.g., DO 680
XY030305000000001111). A copy of the invoice may be sent to the County User
Mack Bernard Department. Invoices submitted on carbon paper shall not be accepted. In order for
the County to make payment, the Vendor's Legal Name; Vendor's Address; and
Vendor's TIN/FEIN Number on the Vendor's bid/quote/response must be exactly the
same as it appears on the invoice and in the County's VSS system that can be
accessed at https://Abcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. Failure to
County Administrator comply with the foregoing may result in a delay in processing payment.
Verdenia C. Baker If you have any questions, please contact Marva Brown at mbrownr<Upbcgov.orq or
1 (561) 616-6815.
Sincerely,
Melody Thelwell
Director
c: Vernetha Green, Water Utilities
File
-An Egaal Opportunity
AJfinvnattre Action Employer'
printed on sustainable
and recycled paper
Page 362 of 1094
Agenda Item #19.
EXHIBIT B
Shrieve Chemical Company
1442 Lake Front Circle, Suite 500
The Woodlands, Texas 77380
800-367-4226
Fax; 281-367-0071
Thursday, January 5, 2023
To Whom it may concerns,
Shrieve Chemical Company, LLC is pleased to supply the Village of Tequesta 93% sulfuric acid pursuant to the
terms and conditions of our agreement with Palm Beach County set forth in Solicitation #22-071R/MB.
Please let me know if you have questions.
Thank you,
Chris Burns
Chris Burns
Marketing Director
Shrieve Chemical Company, LLC SE Region
2301 Cypress Gardens Blvd. Winter Haven, FL 33884
P 800.367.4226 F 281.367.0071
Page 363 of 1094