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HomeMy WebLinkAboutAgreement_Water Service_2/9/2023_American Water ChemicalsVILLAGE OF TEQUESTA AGREEMENT FOR THIS AGREEMENT FOR ANTISCALENT is entered into and effective this q day of Ip(u , 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 AMAYA SOLUTIONS, INC, dba American Water Chemicals, INC, a registered Florida corporation, with offices located at 1802 Corporate Center Lane, Plant City, FL 33563 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 antiscalant as needed by the Village. The Parties agree to enter into this Agreement and piggyback for antiscalant at the unit prices described in the City of Clearwater Antiscalant contract awarded through ITB# 38-20. Said contract, including its terms, conditions, specifications, and attached exhibits/amendments, are hereby fully incorporated into this Agreement and attached hereto as Exhibit "A". 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 City of Clearwater Antiscalant Contract ITB#38-20, as referenced by the proposal in Exhibit "A". The goods or services shall be delivered as ordered in a time, manner, and location 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 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 Page 1 of 8 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 City of Clearwater Antiscalant Contract, the original contract term will expire on September 20th, 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 American Water Chemicals INC 345 Tequesta Drive 1802 Corporate Center LN Tequesta, FL 33469-0273 Plant City, FL, 33563 Attn: Utilities Department 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. Page 2 of 8 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. 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 2-421-2-432 of the Palm Beach County Code of Ordinances, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts, and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. 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 Page 3 of 8 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(l), Florida Statutes, as may be amended. If the Contractor has a good faith belief that the Contractor's subconsultant has knowingly violated Section 448.09(1), Florida Statutes, as may be amended, the Village shall notify the Contractor to terminate its contract with the 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 $1 M, the Contractor certifies that it is not on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes. The Contractor further certifies that it is not engaged in a boycott of Israel and that it does not have business operations in Cuba or Syria, as similarly provided in Section 287.135, Florida Statutes. The Village may terminate this Agreement at the Village's option if the Contractor is found to have submitted a false certification as provided under Section 287.135(5), Florida Statutes or if the Contractor has been placed on one of the aforementioned lists created pursuant Page 4 of 8 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 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 Page 5 of 8 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 1mcwi11iams(a,tequesta.org, 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 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 Page 6 of 8 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. AUTHORITN' 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 FLANK] IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. WITNESSES: AMAYA SOLUTIONS, INC. DBA AMERICAN WATER CIIEMICALS Page 7 of 8 .ATTEST: Lori McWilliams, MMC Village Clerk �LU JI ti EEC d :1 2019 (Corporate Seal) G US.A r/ VILLAGE OF TEQUESTA By: NIo11}"o layor Page 9 of 8 SEAL`�� NCORpORATED;. 4 July 14, 2020 EXHIBIT A CITY OF CLEARWATER MN,kNCE DEPARDILNT, RMT OPICE Box 4748, 0_LkRtC.1TER, FLORID.% 33'384748 MUNH IPAL SL•RvicB BuELDING, I(N) Sm-ni INh-RTLi AvLx'.-E TEITTHONP (721) 562-4530 F,+.x (727) 562-4535 NOTICE OF INTENT TO AWARD Public Utilities and Procurement recommend award of ITB No. 38-20, Antiscalant to American Water Chemicals, Inc., the lowest most responsible bidder, in accordance with the bid specifications, in the estimated amount of $65,000 annually, for a period of one (1) year, with two (2), one (1) year extension options. This Award recommendation will be considered by the City Council at the August 17, 2020 Work Session (9:00 a.m.) and voted on at the August 20, 2020 Council Meeting (6:00 p.m.). These meetings are held at Clearwater Main Library, at 100 N. Osceola Ave., Clearwater, FL 33755. Inquiries regarding this Intent to Award can be directed to the City's Sr. Procurement Analyst at valeric.craie`rimyclea tivater.coni, or mailed to City of Clearwater, Attn: Procurement Division, PO Box 4748, Clearwater, FL 337584748. Posted on this date by: V akp, r t z C4-CL,t Valerie Craig, CPPB Sr. Procurement Analyst Frank Hibbard, Mayor Mark Bunker, Countilmember David Allhritton. Councilmcmber Kathleen Beckman, Councilmember 0 1Joyl I lamilton, Councilmember -Equal Finploymcn] and Aftinnativr Action I:rnployer" CLEARWATER SCC.47 AND HE. X77LI-- BAY 7- 3FAC ? E AMERICAN WATER CHEMICALS INC p 1802 CORPORATE CENTER LN o PLANT CITY, FL 33563 R USA CONTRACT Page 1 of, 1 Th:s Contract is subject to the Standard Terms and Conditions Posted at www.mvclearwater.com;purchaseorder-TandC Contract # 900955-10 Vendor Phone No. Vendor Contact Vendor Email Department 813-246-:r448 813-623-6678 3CLARKtic^r MENIBRANECHEN1"CAL... PUBLIC UTILITIES Start Date End Date Contact Person Telephone Number .8r71 2Q7Q �8;'70 ?C73 berg n 81 -746 544i1 Item# Descri lion/PartNo OTY UOM Unit Price Extended Price YEAR 1: R01 & R02 ANTISCALANT 0 EA S30,982.50 S30,982.50 2 YEAR 2: R01 & R02 ANTISCALANT 0 EA $36,274,00 S36,274.00 3 YEAR 3. R01 & R02 ANTISCALANT .' EA 565,000.00 $65,000,00 Total Available $52,310.00 Bv: Total Expended S79.946.50 Procurernen Manager Total Total Open PO $0-00 Revised S132,256.50 VENDOR COPY Total Original $65,000.00 July 14, 2020 EXHIBIT A CITY OF CLEARWATER FINANCE DUARDIL -T, POST OPTICE Box 4748, C iRkmvkmi, ftoi im 33 58-4748 MUNICIPAL SLR%rjcu, BuIUANG, 100 Sot-ni Nf)-RT i- AVENUE TEu-. HONE (727) 562-4530 FAx (727) 562-4535 NOTICE OF INTENT TO AWARD Public Utilities and Procurement recommend award of ITB No. 38-20, Antiscalant to American Water Chemicals, Inc., the lowest most responsible bidder, in accordance with the bid specifications, in the estimated amount of $65,000 annually, for a period of one (1) year, with two (2), one (I) year extension options. This Award recommendation will be considered by the City Council at the August 17, 2020 Work Session (9:00 a.m.) and voted on at the August 20, 2020 Council Meeting (6:00 p.m.). These meetings are held at Clearwater Main Library, at 100 N. Osceola Ave., Clearwater, FL 33755. Inquiries regarding this Intent to Award can be directed to the City's Sr. Procurement Analyst at valerie.craig;a myclear%vater.com, or mailed to City of Clearwater, Attn: Procurement Division, PO Box 4748, Clearwater, FL 337584748. Posted on this date by: Va x,r� C ro-i,� Valerie Craig, CPPB Sr. Procurement Analyst Frank Hibbard, Mayor Mark Bunker, Councilmember David Allbrition, Councilmemlxr Kathleen Beckman, Councilmember 0 1loll Hamilton, Councilmember `i-quual Fniploymcnf and Affirmative Action Employer" CLEARWATER BR =ii' AND REAIT.F"--BAY TG 3FAM E AMERICAN WATER CHEMICALS INC p 1802 CORPORATE CENTER LN o PLANT CITY. FL 33563 R USA CONTRACT Page 1 of 1 Th s Contract is sLbjez[ to LIE] Slandard Te*ms and Conditions posted al �,a>� n�rh.arr��l_r.�:,m�pc-criasc-orr.er-ian�G Contract # 900955-10 Vendor Phone No. Vendor Contact Vendor Email Department 813-246-5448 813-623-6678 5CLARK�^kMENABRANECHEMICAL.. PUBLIC UTILITIES Start Date End Date Contact Person Telephone Number !18f21.12020 98:2W2023 Berg, Fr n 813-246-5448 Item# Descri tion,'PartNo OTY UOM Unit Price Extended Price YEAR 1: R01 & R02 ANTISCALANT 0 EA S30,982.50 S30,982.50 2 YEAR 2: R01 & R02 ANTISCALANT 0 EA $36,274.00 $36,274.00 3 YEAR 3: R01 & R02 ANTISCALANT D EA $65,000.00 $65,000.00 Total Available $52,310.00 I Ct i�d BYE Procurement Manager Total Expended S79.946.50 Total Open PO $0.00 Total Revised S132,256.50 VENDOR COPY Total Original Se5.000.00 CLEARWATER BRIGHT AND BFAUnFUL • BAY TO BEACH INVITATION TO BID #38-20 ANTISCALANT June 9. 2020 NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Clearwater (City) until 10:00 A.M., Local Time, July 8, 2020 to provide Antiscalant. Brief Description: The City of Clearwater is soliciting sealed bids to supply Reverse Osmosis (RO) Membrane Antiscalant for the Public Utilities RO Plant #1 and RO Plant #2. Bids must be in accordance with the provisions, specifications and instructions set forth herein and will be received by the Procurement Division until the above noted time, when they will be publicly acknowledged and accepted. Bid packets, any attachments and addenda are available for download at: https:!!ww%v.myclearwater.com/business!rfp Please read the entire solicitation package and submit the bid in accordance with the instructions This document (less this invitation and the instructions) and any required response documents, attachments, and submissions will constitute the bid. General, Process or Technical Questions concerning this solicitation should be directed. IN WRITING, to the following Sr. Procurement Analyst: Valerie Craig Sr. Procurement Analyst Valerie.Craia drnyclearwater.com This Invitation to Bid is issued by: Lori Vogel, CPPB Procurement Manager lori.vogel amyclearwater.com J v. 11.2018 Procuremert Division 100 S Myrtle Ave 33756-5520 PO Box 4748 33768-4748 Clearwater FL 727-562-4633 INSTRUCTIONS i 1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation process (including requests for ADA accommodations), shall be directed solely to the contact listed on page 1. Questions should be submitted in writing via letter, fax or email. Questions received less than ten (10) calendar days prior to the due date and time may be answered at the discretion of the City. i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an addendum. Addenda are posted on the City website no less than seven (7) days prior to the due date. Vendors are cautioned to check the Purchasing Website for addenda and clarifications prior to submitting their bid. The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a bid. i.3 VENDOR CONFERENCE ! SITE VISIT: ❑ Yes ® No Mandatory Attendance: ❑ Yes No If so designated above, attendance is mandatory as a condition of submitting a bid. The conferencelsite visit provides interested parties an opportunity to discuss the City's needs, inspect the site and ask questions. During any site visit you must fully acquaint yourself with the conditions as they exist and the character of the operations to be conducted under the resulting contract. i 4 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: July 8, 2020 Time: 10:00 A.M. (Local Time) The City will open all bids properly and timely submitted and will record the names and other information specified by law and rule. All bids become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the bid opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, bids are available for inspection by contacting the Procurement Division 15 BID FIRM TIME: 90 days from Opening Bid shall remain firm and unaltered after opening for the number of days shown above. The City may accept the bid, subject to successful contract negotiations, at any time during this time. i.6 BID SECURITY: ❑ Yes 0 No If so designated above, a bid security in the amount specified must be submitted with the bid. The security may be submitted in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, or cashier's check payable to the City of Clearwater (personal or company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. Such bid security shall be forfeited to the City of Clearwater should the bidder selected fail to execute a contract when requested. PERFORMANCE SECURITY: ❑ Yes El No If required herein, the Contractor, simultaneously with the execution of the Contract, will be required to furnish a performance security_ The security may be submitted in one-year increments and in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, cashier's check or money order payable to the City of Clearwater (personal and company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. If the Contractor fails or refuses to fully comply with the terms and conditions of the contract, the City shall have the right to use all or such part of said security as may be necessary ANTISCALANT 2 ITB #38-20 INSTRUCTIONS to reimburse the City for loss sustained by reason of such breach. The balance of said security. if any, will be returned to Contractor upon the expiration or termination of the contract. i.7 BID SUBMITTAL: It is recommended that responses are submitted electronically through our bids website at https://www.myclearwater.com/businf-ss.,'rfo. Firms may mail or hand -deliver responses to the address below. Use label at the end of this solicitation package. E-mail or fax submissions will not be accepted. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave, 3"- FI, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a bid that is not properly addressed and identified_ i 8 LATE BIDS. The bidder assumes responsibility for having the bid delivered on time at the place specified. All bids received after the date and time specified shall not be considered and will be returned unopened to the bidder. The bidder assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. You must allow adequate time to accommodate all registration and security screenings at the delivery site. A valid photo I.D. may be required. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The bidder agrees to accept the time stamp in the City Procurement Office as the official time. i 9 COMMENCEMENT OF WORK. If bidder begins any billable work prior to the City's final approval and execution of the contract, bidder does so at its own risk. i 10 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read. examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract. nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than seven (7) business days in advance of the due date notify the contact on page one (1), The City is not responsible for and will not pay any costs associated with the preparation and submission of the bid. Bidders are cautioned to verify their bids before submission, as amendments to or withdrawal of bids submitted after time specified for opening of bids may not be considered. The City will not be responsible for any bidder errors or omissions. i 11 FORM AND CONTENT OF BIDS. Unless otherwise instructed or allowed. bids shall be submitted on the forms provided. An original and the designated number of copies of each bid are required. Bids. including modifications. must be submitted in ink, typed. or printed form and signed by an authorized representative. Please line through and initial rather than erase changes. If the bid is not properly signed or if any changes are not initialed. it may be considered non -responsive. In the event of a disparity between the unit price and the extended price, the unit price shall prevail unless obviously in error, as determined by the City. The City may require that an electronic copy of the bid be submitted. The bid must provide all information requested and must address all points, The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the bid i.12 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the specification calls for -Brand Name or Equal," the brand name product is acceptable. Alternates will be considered upon demonstrating the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics. Minor differences that do not affect the suitability of the supply or service for the City's needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the ANTISCALANT 3 ITB #38-20 INSTRUCTIONS brand name, product, is on the bidder. The City reserves the right to reject bids that the City deems unacceptable. i_13 MODIFICATION ! WITHDRAWAL OF BID. Written requests to modify or withdraw the bid received by the City prior to the scheduled opening time will be accepted and will be corrected after opening. No oral requests will be allowed. Requests must be addressed and labeled in the same manner as the bid and marked as a MODIFICATION or WITHDRAWAL of the bid. Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any bid security. Any withdrawal after the bid opening shall be allowed solely at the City's discretion_ i_14 DEBARMENT DISCLOSURE. If the vendor submitting this bid has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the bidder shall include a letter with its bid identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating the suspension or debarment. 05 RESERVATIONS. The City reserves the right to reject any or all bids or any part thereof; to rebid the solicitation; to reject non -responsive or non -responsible bids; to reject unbalanced bids; to reject bids where the terms, prices, and/or awards are conditioned upon another event; to reject individual bids for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any bid. The City may seek clarification of the bid from bidder at any time, and failure to respond is cause for rejection. Submission of a bid confers on bidder no right to an award or to a subsequent contract. The City is charged by its Charter to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City's discretion and made to favor the City. No binding contract will exist between the bidder and the City until the City executes a written contract or purchase order. i.16 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a bidder may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. i.17 COPYING OF BIDS. Bidder hereby grants the City permission to copy all parts of its bid, including without limitation any documents and/or materials copyrighted by the bidder. The City's right to copy shall be for internal use in evaluating the proposal. 1.18 CONTRACTOR ETHICS. It is the policy of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the Procurement process. including Respondents and Contractors. To achieve the purpose of this Article, it is essential that Respondents and Contractors doing business with the City also observe the ethical standards prescribed herein_ It shall be a breach of ethical standards to: a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. c Intentionally offer or provide sub -standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract, i.1 g GIFTS. The City will accept no gifts, gratuities or advertising products from bidders or prospective bidders and affiliates. The City may request product samples from vendors for product evaluation. ANTISCALANT 4 IT€3 438-20 INSTRUCTIONS i20 PROTESTS AND APPEALS. If a Respondent believes there is a mistake, impropriety. or defect in the solicitation, believes the City improperly rejected its proposal, and/or believes the selected proposal is not in the City's best interests, the Respondent may submit a written protest. All protests and appeals are governed by the City of Clearwater Purchasing Policy and Procedures. If any discrepancy exists behveen this Section and the Purchasing Policy. the language of the Purchasing Policy controls. Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent before the bid opening must be filed with the Procurement Officer no later than five (5) business days before Bid Opening. Protests that only become apparent after the Bid Opening must be filed within ten (10) business days of the alleged violation of the applicable purchasing ordinance. The complete protest procedure can be obtained by contacting the Procurement Division. ADDRESS PROTESTS TO: City of Clearwater — Procurement Division 100 S Myrtle Ave, 3" FI Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 ANTISCALANT 5 ITB #38-20 INSTRUCTIONS — EVALUATION i.21 EVALUATION PROCESS. Bids will be reviewed by the Procurement Division and representative(s) of the respective department(s). The City staff may or may not initiate discussions with bidders for clarification purposes. Clarification is not an opportunity to change the bid. Bidders shall not initiate discussions with any City employee or official. i.22 PRESENTATIONS/INTERVIEWS. The bidder must provide a formal presentation/interview upon request. i.23 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, and price. All bids must meet the following responsiveness and responsibility criteria to be considered further. a) Responsiveness_ The City will determine whether the bid complies with the instructions for submitting bids including completeness of bid which encompasses the inclusion of all required attachments and submissions. The City must reject any bids that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the bidder is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: excessively high or low priced bids, past performance. references (including those found outside the bid), compliance with applicable laws -including tax laws, bidder's record of performance and integrity - e.g. has the bidder been delinquent or unfaithful to any contract with the City, whether the bidder is qualified legally tc contract with the City, financial stability and the perceived ability to perform completely as specified. A bidder must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request_ City staff may also use Dun & Bradstreet andior any generally available industry information. The City reserves the right to inspect and review bidder's facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information. will result in rejection. c) Price. We will then evaluate the bids that have met the requirements above i 24 COST JUSTIFICATION. In the event only one response is received. the City may require that the bidder submit a cost proposal in sufficient detail for the City to perform a costlprice analysis to determine if the bid price is fair and reasonable. i 25 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Bidder must be prepared for the City to accept the bid as submitted If bidder fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject bid or revoke the award, and may begin negotiations with another bidder. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the bidder and the City until the City execrates a written contract or purchase order. i 26 NOTICE OF INTENT TO AWARD. Notices of the City's intent to avWard a Contract are posted to Purchasing's website. It is the bidder's responsibility to check the City of Clearwater's website at https:fJwww.myciearvNater.com+'business: rfp to view relevant bid information and notices. i 21 BID TIMELINE. Dates are tentative and subject to change. Release ITB: June 9. 2020 Advertise Tampa Bay Times: June 10, 2020 Bids due: July 8. 2020 Review bids: July 8- July 14, 2020 Award recommendation: July 14, 2020 Council authorization: August 6, 2020 Contract begins: August 2020 ANTISCALANT 6 ITB-38-20 STANDARD TERMS AND CONDITIONS S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: 'vendor, contractor, supplier, proposer, company, parties, persons". "purchase order. PO, contract, agreement", 'city, Clearwater, agency, requestor. parties". "bid, proposal response, quote'. S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor's employees, not City employees. Accordingly, Contractor and Contractor's employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers' compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City. Contractor will defend, indemnify and hold harmless the City from all such claims. S.8 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. SA ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City's written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. S.6 NO THIRD -PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor_ S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties' obligations under this Agreement. S.10 COMPLIANCE WITH APPLICABLE LAWS. a. General. Contractor must procure all permits and licenses and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b. Drug -Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug -free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug -free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified ANTISCALANT 7 ITB #38-20 STANDARD TERMS AND CONDITIONS in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession. or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c_ Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. (i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter `Contractor Immigration Warranty"). (ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. (iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. (iv) The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. (v) Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act. d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor's personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. S.11 SALES/USE TAX, OTHER TAXES. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor's services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractors responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. ANTISCALANT 8 ITB #38-20 STANDARD TERMS AND CONDITIONS S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral presentations, meetings where vendors answer questions, other submissions, correspondence, and all records made thereof, as well as negotiations or meetings where negotiation strategies are discussed, conducted pursuant to this Invitation to Bid (ITB), shall be handled in compliance with Chapters 119 and 286, Florida Statutes. Proposals or replies received by the City pursuant to this ITB are exempt from public disclosure until such time that the City provides notice of an intended decision or until 30 days after opening the proposals. whichever is earlier. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the rejected proposals or replies remain exempt from public disclosure until such time that the City provides notice of an intended decision conceming the reissued ITB or until the City withdraws the reissued ITB. A proposal or reply shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. Oral presentations, meetings where vendors answer questions, or meetings convened by City staff to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed meeting. The recording of, and any records presented at, the exempt meeting shall be available to the public when the City provides notice of an intended decision or until 30 days after opening proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the recording and any records presented at the exempt meeting remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A recording and any records presented at an exempt meeting shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Rosemarie Call, phone: 727-5624092 or Rosemarie.Call(a.myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. The contractors agreement to comply with public records && applies specifically to: a) Keep and maintain public records required by the City of Clearwater (hereinafter "public agency") to perform the service being provided by the contractor hereunder. b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow: the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119. Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d) Upon completion of the contract, transfer, at no cost. to the public agency all public records in possession of the contractor or keep and maintain pub",ic records required by the public agency to perform the service_ If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the ANTISCALANT 9 ITB #38-20 STANDARD TERMS AND CONDITIONS contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records. in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency's contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency's request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency's contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency's custodian of public records and to the contractor at the contractor's address listed on its contract with the public agency or to the contractors registered agent, Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll. billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City_ The audit of records may occur at Contractor's place of business or at City offices, as determined by the City. S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City's information, data, or facilities in accordance with the City's current background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. ANTISCALANT 10 ITB #38-20 STANDARD TERMS AND CONDITIONS S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons. (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance. up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City. remove any such individual from performance of services under this Agreement. S.17 DEFAULT. a. A party will be in default if that party: (i) is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor's capability to perform under the Agreement; (ii) is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) conducts business in an unethical manner or in an illegal manner; or (iv) fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with the City's Purchasing Policy and Procedures Manual. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non - defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor's intent or ability to perform. the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non -defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required worts itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys' fees, and costs. c. The non -defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. ANTISCALANT 11 ITB #38-20 STANDARD TERMS AND CONDITIONS S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days' written notice. S.21 TERMINATION FOR CONFLICT OF INTEREST Florida Statutes Section 112. Pursuant to F_S. Section 112, the City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. S.22 TERMINATION FOR NON -APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. S 23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement. Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination, The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor's properly prepared final invoice. S.24 NON -WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S.25 INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify. and hold the City. its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys', witnesses', and expert witnesses' fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement: (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel: and (iii) Contractor or Contractor personnel's failure to comply with or fulfill the obligations established by this Agreement. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor -provided supplies or services. S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally. Contractor warrants that all services will be performed in a good, workman -like and professional manner. The City's acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City's reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturers standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. ANTISCALANT 12 ITB 438-20 STANDARD TERMS AND CONDITIONS S.27 THE CITY'S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City's right to recover against third parties for any loss, destruction. or damage to City property, and will at the City's request and expense, furnish to the City reasonable assistance and cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public officer or employee within the last two (2) years shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed_ S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to. or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties. S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing; Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation. pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City's use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without limitation, either: (a) modify the item so that it becomes non -infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid. less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. S.37 CONTRACT ADMINISTRATION. The contract will be administered by the Procurement Administrator and;or an authorized representative from the using department. All questions ANTISCALANT 13 ITB #38-20 STANDARD TERMS AND CONDITIONS regarding the contract will be referred to the administrator for resolution. Supplements may be written to the contract for the addition or deletion of services. Payment will be negotiated and determined by the contract administrator(s). S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred -twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.30 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Florida government agencies, including the Tampa Bay Area Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies in the State of Florida with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter andior procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City's Procurement Division. S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid: (iii) sent via overnight courier; or (iv) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. SA2 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida. S.43 INTEGRATION CLAUSE. This Agreement. including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. SA4 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. S 45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. ANTISCALANT 14 ITB #38-20 STANDARD TERMS AND CONDITIONS S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement. will survive and remain in full force and effect. Except as specifically provided in this. Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. ANTISCALANT 15 ITB #38-20 DETAILED SPECIFICATIONS INTRODUCTION. The City of Clearwater (City) is located on the West Coast of Florida in the Tampa Bay region. It is the third largest city in the region with an estimated population of 116,585 residents. The City of Clearwater is a major tourist destination — Clearwater Beach was recently rated #1 U.S. Beach by TripAdvisor, previously named "Florida's Best Beach Town 2013" by USA Today. and was on the "Top Ten List of Best Beaches from Maine to Hawaii. The City of Clearwater is home to the Philadelphia Phillies Spring Training and Clearwater Threshers Minor League Baseball and hosts several sports tournaments through the year that attract visitors from across the country. Clearwater is home for Winter the Dolphin and the Clearwater Marine Aquarium. Winter's story has made it all the way to Hollywood in the motion pictures "Dolphin Tale" and "Dolphin Tale 2-, both filmed here in Clearwater. SCOPE OF WORK. The City of Clearwater is soliciting sealed bids to supply Reverse Osmosis (RO) Membrane Antiscalant for the Public Utilities RO Plant #1 and RO Plant #2. The successful bidder will provide a firm price per pound for antiscalant (scale inhibitor) to be delivered on an as needed basis. RO PLANT SYSTEM CONFIGURATIONS. RO Plant #1 has two (2) identical trains. The trains are a single pass two (2) stage system. The first stage has twenty-two (22) vessels with seven (7) elements each and uses Hydranautics ESPA4-MAX membranes. The second stage has eight (8) vessels with seven (7) elements each and uses Hydranautics ESPA2-MAX membranes. Each train has a nominal permeate flow of 1.4 million gallons per day (MGD) with a seventy-eight percent (78%) recovery. Cartridge prefiltration consists of three (3) housings with each containing seventy-five (75) filters. Filters are 30" X 2.5- double open end rated at five (5) micron nominal_ R01 Currently uses A- 102+ from American Water Chemicals at an average dose of 3.0 mg11. RO Plant #2 has three (3) identical trains. The trains are a single pass two (2) stage system. The first stage has thirty (30) vessels with seven (7) elements each and uses Toray TMG20-440C membranes. The second stage has fifteen (15) vessels with seven (7) elements each and uses Toray TM720D-440 membranes. All vessels and elements are eight -inch (8") diameter. Each train has a nominal permeate flow of 1.75 million gallons per day (MGD) with an eighty percent (80%) recovery. Cartridge prefiltration consists of two (2) housings with each containing one hundred eighty-six (186) filters. Filters are 40" X 2.5" double open end rated at five (5) micron nominal_ 1. R02 currently uses A-111+ + from American Water Chemicals at an average dose of 3.5 mg+I. 4. SPECIFICATIONS. a. Proposed products must be approved and certified for potable water application under NSF/ANSI 60 standards: Drinking Water Treatment Chemicals - Health Effects. A copy of the certification must be provided with the bid proposal and must include the maximum allowable dose rates. b. Proposed product(s) must have been satisfactorily tested and shown to be acceptable for use with the Toray and Hydranautics membranes listed in the RO PLANT SYSTEM CONFIGURATIONS. Vendor must provide Toray and Hydranautics membrane compatibility letter with bid. c_ The product shall contain a biogro,,vth control additive. The antiscalant must be resistant to biological growth while stored in the original container or feed tank for up to two (2) years. A certification letter verifying this must be included with the bid proposal. Vendor's manufactunng?blending facilities must be certified under the International Organizational for Standardization ISO 9001 certification. A copy of the Vendor's certification must be included in bid proposal. ANTISCALANT 16 ITB #38-20 DETAILED SPECIFICATIONS e. All submittals must be accompanied by the Safety Data Sheets (SDS) for the product in accordance with the Federal "Right -to -Know" Regulations implemented by the Occupational Safety and Health Administration (OSHA). The antiscalant (scale inhibitor) must be labeled in accordance with OSHA Hazard Communication Standard 29 CFR 1910,1200 as may be current and any other applicable safety regulation(s). A Certificate of Analysis from manufacturer defining the parameters outlined below must be included with bid proposal. The certification shall include a minimum of: Y % Solids Specific Gravity PH Appearance Residual Monomer Content Date of Manufacture g, Both RO Plant #1 and RO Plant #2 have experienced biological fouling, sulfur reducing bacteria fouling, and silicon dioxide fouling. Therefore, a dispersant chemical has been in use in the facilities, The Vendor will make their recommendation as to whether or not a dispersant is necessary and if their determination is that dispersant isn't needed; they will bid an alternate dispersant product. The percent (%) of active dispersant chemical must be included in the bid. 5. ON -SITE ANALYSIS/SUBMITTALS. Due to current facility site restrictions, we are unable to accommodate pre -bid site visits. If you have questions about water quality or need additional system information, please contact Valerie.Craig@myclearwater.com. a. The potential Vendor must review Exhibit B-Water Quality Data supplied by the City of Clearwater and establish the most effective antiscalant dose based on feeding the product neat (undiluted). b. The potential Vendor must submit with bid proposal a product projection indicating the minimum and recommended dosage for both RO Plant #1 and RO Plant #2. Submit the product projection on a separate sheet and turn in with bid submittal. e. Products must be fed neat. Vendor must provide the projections of dosage rate in parts per million and total quantity annually in pounds of product. Recommended dosages must not exceed the maximum allowable levels established by regulatory agencies for the product_ PRODUCT MATERIAL REQUIREMENTS. RO Plant #1 has had intermittent iron fouling issues. Antiscalant doses will be increased as needed to deal with potential iron fouling of cartridge filters and membranes. A phosphonated product is recommended but not required for RO Plant #1. If a phosphate free product is submitted for RO Plant #1, the vendor must provide with this bid a suitable alternative phosphonated product with the required projection, pricing matrix and specification. RO Plant #2 must be bid with a phosphate free product. MINIMUM QUALIFICATIONS. Vendor must provide, with bid submittal, a minimum of three (3) local service contact names. phone numbers, addresses. and a 2417 access number for product support and emergency technical and product services requirements. The Vendor must provide hands-on training for system cleaning once (1) per year during the contract term. The Vendor must make available a technical representative to visit each Plant a minimum of two (2) times per year to inspect the results of the product on the system. ANTISCALANT 17 ITB #38-20 DETAILED SPECIFICATIONS REFERENCES. Vendor must provide a minimum of three (3) current customer references where the proposed products have been used in a similar product application. Vendor will provide the name of the facility and individuals, the product(s) supplied including the application information and the capacity in gallons per day (GPD) for the facility. 9. DELIVERY. a. Vendor must guarantee that each delivery truck will be in safe mechanical condition and will be operated by a capable driver trained in the proper handling of the chemical being delivered. b. The Vendor will supply copies of the manufacturer's shipping and handling safety procedures with delivery. c. All packaging must bear the National Sanitation Foundation (NSF) certification mark and manufacturer's information. d. All normal (non -emergency) deliveries shall be made within ten (10) business days after receipt of order. e. All emergency deliveries shall be made within one (1) business day after receipt of order. f. Within five (5) days of intent to award, Vendor shall provide the City of Clearwater contact information for emergency deliveries. g. Delivery time of day shall be as arranged upon placement of order and shall be between the hours of 7:00 AM — 5:00 PM EST. h. The City of Clearwater reserves the right to change quantities and delivery dates at their discretion within a twenty-four (24) hour notice of placing an order. Delivery shipments shall be rejected which fail to meet any contract specifications stated in this document. In the event that a delivery shipment is rejected by the City of Clearwater, upon notification to the Vendor that the shipment is rejected, the Vendor shall be required to ship a replacement delivery to the affected location within 24-hours from the time of notification. Failure to provide replacement product that meets the bid specifications will constitute failure to comply with the delivery requirements set forth in this document and may be grounds for termination. j. Product deliveries shall be in palletized fifty-five (55) gallon drums or two -hundred and seventy-five (275) gallon returnable totes. k. Delivery locations and staffed hours of operation: Site Name Site Address Staffed Hours 1657 Palmetto Street, RD Plant 41 Clearwater, FL 33765 M-F 6:30am-10:30pm Contact #1: 727-224-2466 Contact #2: 727-224-7736 21133 US 19 N Clearwater, FL 33765 M-F 6:30am-10:30pm RO Plant #2 Contact #1: 727-200-3229 Contact #2: 727-434-4135 ANTISCALANT 18 ITB #38-20 DETAILED SPECIFICATIONS INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor's deductible or self -insured retention and to require that it be reduced or eliminated. Specificallv the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims -made_ basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non -owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c_ Unless waived by the State of Florida and proof of waiver is provided to the City, statutory Workers' Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer's Liability Insurance in the minimum amount of S500,000 (five hundred thousand dollars) each employee each accident, S500,000 (five hundred thousand dollars) each employee by disease, and $500,000 (five hundred thousand dollars) disease policy limit. Coverage should include Voluntary Compensation, Jones Act. and U.S. Longshoremen's and Harbor Workers Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors. and volunteers, if any. d. Pollution Liability Insurance coverage, which covers any and all losses caused by pollution conditions (including sudden and non -sudden pollution conditions) arising from the servicing and operations of Vendor (and any subcontractors, representatives, or agents) involved in the workltransport. in the minimum amount of S1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. The above insurance limits may be achieved by a combination of primary and umbrella excess liability policies. Other Insurance Provisions. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy's renewal date(s) for as long as this Agreement remains in effect, the Vendor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an "Additional Insured" on the Commercial General Liability Insurance and Auto Liability policies. In addition, when requested in writing from the City. Vendor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Procurement Division, ITB #38-20 P.O. Box 4748 Clearwater, FL 33758-4748 ANTISCALANT 19 ITB #38-20 DETAILED SPECIFICATIONS Vendor shall provide thirty (30) days written notice of any cancellation, non -renewal, termination, material change or reduction in coverage. Vendor's insurance as outlined above shall be primary and non-contributory coverage for Vendor's negligence. d. Vendor reserves the right to appoint legal counsel to provide for the Vendor's defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Vendor's design, equipment; or service. Vendor agrees that the City shall not be liable to reimburse Vendor for any legal fees or costs as a result of Vendor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any Potential liability to the City, and City's failure to request evidence of this insurance shall not be construed as a waiver of Vendor's for any contractors', subcontractors', representatives' or agents') obligation to provide the insurance coverage specified. ANTISCALANT 20 ITB #38-20 MILESTONES 1. BEGINNING AND END DATE OF INITIAL TERM. August 2020 — July 2021 If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. 3. RENEWAL. At the end of the initial term of this contract, the City may initiate renewal(s) as provided. The decision to renew a contract rests solely with the City. The City will give written notice of its intention to renew the contract no later than thirty (30) days prior to the expiration. Two (2), one (1) year renewals possible at the City`s option. 4. PRICES. All pricing shall be firm for the initial term of one (1) year; except where otherwise provided by the specifications, and include all transportation, insurance and warranty costs. The City shall not be invoiced at prices higher than those stated in any contract resulting from this bid. The Contractor certifies that the prices offered are no higher than the lowest price the Contractor charges other buyers for similar quantities under similar conditions. The Contractor further agrees that any reductions in the price of the goods or services covered by this bid and occurring after award will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. During the sixty (60) day period prior to each annual anniversary of the contract effective date, the Contractor may submit a written request that the City increase the prices for an amount for no more than the twelve month change in the Producer Price Index for PPl #0613 Basic Inorganic Chemicals, Not Seasonally Adjusted as published by the U-S. Department of Labor, Bureau of Labor Statistics The City shall review the request for adjustment and respond in writing-, such response and approval shall not be unreasonably withheld. At the end of the initial term, pricing may be adjusted for amounts other than inflation based on mutual agreement of the parties after review of appropriate documentation. Renewal prices shall be firm for at least one year, and may be adjusted thereafter as outlined in the previous paragraph. No fuel surcharges will be accepted. ANTISCALANT 21 ITB #38-20 BID SUBMISSION BID SUBMISSION. It is recommended that bids are submitted electronically through our bids website at https.,�wv.w.mvclearvater.comrbusiness/rfo. For bids mailed and/or hand -delivered, bidder must submit one (1) signed original bid and one (1) electronic format on a CD or Thumb Drive, in a sealed container using label provided at the end of this solicitation. 2. BIDDER RESPONSE CHECKLIST. This checklist is provided for your convenience. It is not necessary to return a copy of this solicitation's Instructions, Terms and Conditions, or Detailed Specifications with your bid response. Only submit the requested forms and any other requested or descriptive literature. ❑ Original and proper number of copies with electronic format (if submitting paper document) ❑ Bid container properly labeled ❑ Bid pricing form completed and included ❑ IN-9 Request for Taxpayer Identification Number and Certification form completed and included(http:i/www.irs,govlpub!irs•r)df+'fw9.i)df) ❑ Exceptions/Additional Materials/Addenda form completed and included ❑ Vendor Information form completed and included ❑ Offer Certification form completed and included ❑ A copy of NSF/ANSI 60 standards certification ❑ Toray and Hydranautics membrane compatibility letter ❑ Certification letter that product is resistant to biological growth for two (2) years ❑ Copy of ISO 9001 certification ❑ Safety Data Sheets (SDS) ❑ The Certificate of Analysis from manufacturer ❑ Product projection ❑ Minimum of three (3) references ❑ Minimum of three (3) local service contacts ANTISCALANT 22 ITB #38-20 BID PRICING Pursuant to all the contract specifications enumerated and described in this solicitation, we agree to furnish Reverse Osmosis Membrane Antiscalant to the City of Clearwater at the price(s) stated in Exhibit A - Bid Pricing. A valid bid requires that bid pricing be entered on the protected Excel worksheet that is provided as Exhibit A — Bid Pricinq; no ot-ler i:ric irlg format will be accepted. The imbed•ded'Mrmulas will calculate the Estimated Annual Cost DELIVERY REQUIREMENTS FOB: Destination, Freight Prepaid and Allowed Freight Costs: Unit prices should include all freight and transportation charges PAYMENT TERMS: City of Clearwater's standard payment terms are NET30 Date: Vendor. American Water Chemicals, Inc. 717/20 ANTISCALANT 23 ITB38 20 ! � � ■ 7 § � f / § 2 \ ■ ! ` �; ! !} � � } B / � t ��`� �� ��•�-a.| � �` �`� § � ■\§ �! ! � � . . I _g ! : � - ` � � k ! � 2 ! ■ k � e 7 � | ! )$ £ 77 ( ! as \ !� EXCEPTIONS/ADDITIONAL MATERIALSIADDENDA Bidders shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance Exceptions (mark one): Note — Any material exceptions taken to the City's Standard Terms and Conditions will render a Bid Non -responsive. X No exceptions Exceptions taken (describe --attach additional pages d needed) Additional Materials submitted (mark one): X No additional materials have been included with this bid Additional Materials attached (describe —attach additional pages if needed) Addenda Bidt.'ers a e responsible for verifying receipt of any addenda issued by checking the City's website at htta:,', p,w,, m-,wclearwater.com;business.-Ibid-inforrnatioti� prior to the bid opening. Failure to acknowledge any addenda issued may result in a response being deemed non -responsive. Acknowledgement of Receipt of Addenda (initial for each addenda received, if applicable): Addenda Njrnber Initial to acknowledge receipt zz vo Vendor Name American Water Chemicals, Inc. Date. 717120 ANTISCALANT 24 ITB #38-20 VENDOR INFORMATION Company Legal/Corporate Name: American Water Chemicals Inc. Doing Business As (if different than above): Address: 1802 Corporate Center Lane City: Plant City State: Phone: 813-246-5448 customerservice@membranechemicals.com E-Mail Address: DUNS # Remit to Address (if different than above): Address: City: State: Zip: Contact for Questions about this bid: Name: Veronica Varo Phone: 813-246-5448 ext 201 Day -to -Day Proiect Contact (if awarded): FL Fax: Zip: 33563 Website: www.membranechemicals.com Order from Address (if different from above): Address: City: State: _Zip: Fax- custamerservice@memDranechemicals.com E-Mail Address: Name: Breanna Clark Fax: Phone: 813-246-5448 ext. 231 E-Mail Address: bclark@membranechemicals.com Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency ANTISCALANT 25 ITB #38-20 SCRUTINIZED COMPANIES SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 3. 'Boycott Israel' or 'boycott of Israel" means refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli -controlled territories, in a discriminatory manner. A statement by a company that it is participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered as evidence that a company is participating in a boycott of Israel; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel. Authorized y4hature Rudy C zo Printed.Alame Treasbfe—r Title American Water Chemicals, Inc. Name of Entity/Corporation STATE OF FL COUNTY OF Hillsborough The foregoing instrument was acknowledged before me by means of ❑ physical presenoe or O online notarization on, this - day of _, ly , 20 2a , by (name of person whose signature is berg notarized) as the Vj-j�cis ; (title) of T;,(nameofcorporation/entity),personally known,or produced (type of identification) as -identification, and who did/ ' not take an oath. 1 Nota ublic \� f r-o o.,- , Printed Name My Co-wii sisicxi Expires: e; 0�1� ?JL-Z. NOTARY SEAL ABOVE EE,.�obVERONICAYARO IJYCOh11MISSM#GG246446 Bmd KIUY EXPIRES, dcfa 9, 2022 ANTISCALANT 26 IT3 »38-2,, OFFER CERTIFICATION By signing and submitting this Bid, the Vendor certifies that: a) It is under no legal prohibition on contracting with the City of Clearwater. b) It has read, understands. and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) The prices offered were independently developed without consultation or collusion with any of the other respondents or potential respondents or any other anti -competitive practices. e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and orgoods)materials covered by this contract. f) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents andlor materials copyrighted by the respondent, for internal use in evaluating respondent's offer, or in response to a public records request under Florida's public records law (F.S. 119) or other applicable law, subpoena, or otherjudicial process; provided that Clearwater agrees rot to change or delete any copyright or proprietary notices. g ) Respondent hereby warrants to the City that the respondent and each of its subcontractors ("Subcontractors') wilt comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. h) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. i) It wilt provide the materials or services specified in compliance with all Federal. State, and Local Statutes and Rules if awarded by the City. j) It is current in all obligations due to the City. k) It will accept such terms and conditions in a resulting contract if awarded by the City. 1) The s:gnaiory is an officer or duty authorized agent of the respondent with full power and authority to submit binding offers for the acods or services as specified herein. ACCEPTED AND AGREED TO: Company Name: Arner;can lillat r Chemicals, Inc. Signature: Printed Name: udy Canezo Title: Treasurer Date: 717120 AN—ISCA_Ah; 2r ITB #38-20 REFERENCES Instructions: Provide a minimum of three (3) current customer references where the proposed products have been used in a similar product application. Vendor will provide the name of the facility and individuals, the product(s) supplied including the application information and the capacity in gallons per day (GPD) for the facility. Additional pages may be added, if needed. Complete and return with bid submittal. Reference # 1 Product: AWC A-102 Plus Gallons per day: 23 MGD Name of Facility: palm Beach County -WTP # 9 Dates: 2014 to Present Address 22438 SW 7th Street, City / State / Zip Boca Raton, FL 33433 Contact Person: Tom Blumberg, Chief Operator Email: twblumberg@pbcwater.com Phone: (561) 381-5351, e-mail: Fax: Application Information: Brackish Water RO Reference # 2 Product: AWC A-102 Plus Gallons per day: 7.50 MGD Name of Facility: City of Palm Coast -Water Treatment Plant 92 Dates: 2010 to Present Address 50 Citation Blvd. City / State / Zip Palm Coast, FL 32164 Contact Person: Fred Greiner, Utility Chief Operator Email: fgreiner@palmcoastgov.com Phone: (386r986-2347 Fax: Application Information: Brackish Water RO Reference # 3 Product: AWC A-102 Plus Gallons per day: 9.0 NtGD Name of Facility: City of Dunedin - Water Department Dates: 2010 to Present Address 1401 County Road 1 City / State / Zip Dunedin, FL 34698 Contact Person: John Vanamburg, Production stjpv Email: ivanamburg@dunedinfi,net Phone: 727-298-3100 ext.2 Fax: Application Information: Brackish Water RO Vendor Name American Water Chemicals, Inc. Date: 7r7l20 ANTISCALANT 28 ITB #38-20 REFERENCES Instructions: Provide a minimum of three (3) current customer references where the proposed products have been used in a similar product application. Vendor will provide the name of the facility and individuals, the product(s) supplied including the application information and the capacity in gallons per day (GPD) for the facility. Additional pages may be added, if needed. Complete and return with bid submittal. Reference # 1 Product: AWC A-111 Plus Gallons per day: 12 MGD Name of Facility: City of Cape Coral - South RO Plant Dates: 2013 to 2014 Address 2090 SW 32nd Street City / State / Zip Cape Coral FL 33914 Contact Person: Robert Woods, Chief Operator, Email: rwoods@capecoral.net Phone: 239-574-0759 Fax: Application Information: Brackish Water RO Reference # 2 Product: AWC A-111 Plus Gallons per day: 10 MGD Name of Facility: Dates: 2013 to 2014 City of Cape Coral - North Ro Pant 2017 to Present Address 1200 Kismet Parkway West City / State / Zip Cape Coral, FL 33993 Contact Person: Chris Cagliot, Chief Operator Email: ccagliot@capecoral-net Phone: 239-823-6213 Fax: Application Information: Brackish Water RO Reference # 3 Product: AWC A-111 Plus Gallons per day: Name of Facility: Indian River County - OLSO RO Plant Dates: Since 2017 to Prese Address 1550 9th, Street SW City / State / Zip Vero Beach„ FL 32962 Contact Person: Michael Vernon Email: mvemon@irc.gov Phone: (772)770-5068 Fax: Application Information: brackish water RO Vendor Name American Water Chemicals, Inc. Date: 7/7/2020 ANTISCALANT 28 ITB #38-20 LOCAL SERVICE CONTACTS Instructions: Provide a minimum of three (3) local service contact names, phone numbers, addresses, and a 24/7 access number for product support and emergency technical and product services requirements.Additional pages may be added, if needed_ Complete and return with bid submittal. Service Contact #1 Name: Joshua Utter Address 1802 Corporate Center Lane City I State I Zip Plant City, FL 33563 Contact Person: Joshua Utter, Applications Engineer Phone: 813-246-5448 ext. 233 2417 Access 813-981-2054 Phone Number. Service Contact #2 Name: Tim Rees Address 1802 Corporate Center Lane City / State I Zip Plant City, FL 33563 Contact Person: Tim Rees, Regional Sales Manager- Southeast Phone: 813-503-9465 2417 Access Phone Number. 813-503-9435 Name- Gaudencio Cabreros Address 1802 Corporate Center Lane City I State I Zip Plant City, FL 33563 Contact Person: Gaudencio Cabreros, Field Service Engineer Phone: 813-246-5448 ext. 214 2417 Access Phone Number. 813.482-6030 Vendor Name: American Water Chemicals, Inc Date: 7f7120 ANTISCALANT 29 ITB #38-20 For'T (Rev. Del ember 20141 Department of the Treasuy Internal Revenue Service 77 Request for Taxpayer Give Form to the Identification Number and Certification reno thI not sendd tto te IRS. 1 Name )as spawn nn your income tax rett American Water Chemicals, Inc. 2 Bvsln N5 name, on this line; do not 3 Check appropriate box for federal tax ctassltication; col tck only one of the following :even foxes: 4 Exemptbro (codes apply or* to ❑ krdroiduai?soaa prwietor or ❑✓ C Corporation ❑ S Corporation ❑ Partnership ❑ Rust•'esiate certain entities, not individuals; see �9lo �� LLC Instructions on page 3): Exempt payee code fit arty) ❑ L4rtited laW.ty company, Enter the tax classification (C=C corporation, S=S corporation, P-p .m. hit*► Notx. For a single -mere LLC that is disregarded, do not check LLC: check the approFriate box in the line above for Exemption from FATCA reportiV the tax classificadari of brie single -member o, rw. code (if arty) ❑ other (•+ee inStRJCtAOr15) I. I !ADPt'-'e Oa acramh "et"heda,K,Ca Y• U.RJ S Address (munber, street, and apt. or state no.) Requesters name and address (optionaq 1802 Corporate Cutter Lane b C", state, "Zip code Plant City, FL 33563 MOrt I Taxpayer Identification Number (TIN) Enter your TN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withhotdng, For kxkiriduals, this is generally your social security number (SSN). Ho%v- e , for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entitles, it is your employer identiftahon number (EIM. If you do not have a number, see How fo gel a TiN on page 3. Social securhy number or Note. If the accourrt is in more than one name. see the Instructions for line 1 and the chart on page t for I Employe` identification number guidelines on whose number to enter. [9FS5-1 4 1 4 1 1 1 2 8 MOO Certification Under penalties of per) ffy, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) i have not been notified by the Internal Revenue Service (IRS) that i am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. i am a U.S citizen or other U.S. person (defined belowr and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct Certification fnsbucdons. You must cross out item 2 above if you have been notified by the iRS that you are currently subject to backup withholding because you have felled to report all interest and dividends on your tax return. For real estate transactors. item 2 does not apply. For mortgage Interest paid, acquisition or abandorxrierlt of secured property, cancellation of debt, contributions to an individual retirement arrangement ORA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN- See the instructions on page 3. Sign Signature of Here U.S person ► (/j yQ f Dolts 0- General Instructions Section referenon-s are io the Internal Re-errwe Code unless otherwise noted. Future uierebpmerts. information about developments affecting Form W-9 (such as legislation enacted aver we teloase it} is at wt-Av. irsrs. gov?Au9. Purpose of Form An individual or entity (From tins-9 requesteij who is required to Goo an information return with the IRS muss obtah your correct taxpayer identification number (TIN) which may be your social security number (SSN). Individual taxpayer identification number (ITN), adoption taxpayer ide itiriraticn number (ATIN), or employer identification number (EPA, to report on an information return the amount paid to you, or other amount reportable on an informiation return. Examples of information returns include, but are not limited to. the following: • Farm 1099-INT (Interest earned or paid) • Form 1099.DI1r (dividends. ins rig those from stocks or mutual funds) • Fortin 1099-MISC (various types of Income, prizes, avrards, or gross proceeds) • Form 1099•B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate trarwsacbons) • Form 1099-K (merellant card and third party network transactions) • Farm 1098 (}tome mortgage Interest), I OWE (student ban Interest), 100.8•T (tufflon) • Form 1099-C (canceled debt) • Form 1099-A laciquWtion or abandonment of snored propertyl Use Form W-9 only if you are a U-S. person llneiuding a resident alien), to provide your correct TIN. If you dd not return Form W-9 to she requester m h a 77N, you might be se+4fe,1 to backup wNhhohfiig. See Yo f is t*ckvp rwithhofding? on page 2. By signing the fitted -out form, you: 1. Certify that the TIN you are 9" is cemect (or you are wailing for a number to be issued), 2. Certify, that you are riot sutilect to Crackup withholding, or 3. Claim exemption from backup withholding if you are a U.S_ exempt payee It applicable, you are also certifying that as a U S. person, your allocable share of any partnership income from a U-S. trade or business is not subject to the withholding tax on foreign partners' stave of etfeetivey oonnected income, and 4, Cerilly that FATCA cadets) entered on this form (if arty) indicating that you are exempt from the FATCA reporting, is correct, See Mat 1s FA TCA reporting? on page 2 tot further information Cat. No, 10231% Form W-9 (Rev- 12-2014, ECri .,.. .{ ��,. �`j. F awc Biog-rowth Certification This is to certify that AWC A- 102 Plus contains a biogrowth control additive to maintain resistance to biological growth while stored in original container or feed tank for two (2) years. V Qiao-Qin Di ' QA/QC Chemist kni R +1.813.246.:-')448 T'Qf)', ( :wii .41 L:i r-pri I or 1 A,ic, Bio,arowth Certification This is to certify that AWC A-1 I I Plus contains a biogrowth control additive to maintain resistance to biological growth while stored in original container or feed tank for two (2) years. �A-"t Qiao-Qin Di QA/QC Chemist + 1. 813. 1 L SAFETY DATA SHEET AMERICAN WATER CH041CALS", INC. 1802 CORPORATE CENTER LANE PLANT CITY, FL 33563 IDENTITY AWC° A-102 PLUS Section I Company and Product Identification Page I AMERICAN WATER CHEMICALS ID, INC. ChemTel phone Number: In the U.S.: 1-800-255-3924 1802 Corporate Center Lane International: 1-813-248-0585 Plant City, FL 33563 Australia: 1-300-954-583 Brazil: 0-800-591-6042 Telephone Number. (813)-246-5448 China: 400-120-0751 India: 000-800-1004086 Mexico: 800-099-0731 Date Prepared: March, 19W Date Revised: May, 2020 I Trade Name I AWC A-102 PLUS I Section II — Hazards Identification Signal Word: WARNING t Acute Toxicity: Oral, Category 5 Concentrated product may be harmful if swallowed. Skin Corrosionfirritation, Category 5 May be slightly irritating to skin. Serious eye Irritation: Category 2 GHS Hazard Phrases H303 + H313: May be harmful if swallowed at full concentration and slightly irritating to skin. H319 Serious eye damageleye irritation. GHS Precaution Phrases P103: Read label before use GHS Response Phrases P311: Call a poison centeddoctorl... if you feel unwell GHS Storage and Disposal Phrases Please refer to section 7 for storage and section 13 for Disposal information Health Hazards (Effects of Acute and Chronic Overexposure) Inhalation: None Known Eye Contact: Burning, Itching. Skin Contact: Itching, Irritation. Ingestion (Swallowing): Nauseous. AWC Form No. 216 SAFETY DATA SHEET AMERICAN WATER CI-iEMICALSK', INC. 1802 CORPORATE CENTER LANE PLANT CITY, FL 33563 Section III - Hazard Ingred I ents/C om position Information Page '- Components Chemical Name CAS # % EC # Blend of organophosphonates Proprietary > 10% N/A Blend of Dispersants Proprietary > 10% NIA Section IV — First Aid Procedures Inhalation: Immediately remove to fresh air. Get medical attention if nasal, throat or lung irritation develops. Eye Contact: Remove contact lenses. Hold eyelids apart. Immediately flush with plenty of low pressure water for at least 15 minutes. Calla physician. Remove material from skin and clothing. Skin Contact: Immediately flush skin with plenty of water while removing contaminated clothing and shoes. Thoroughly wash before reuse or discard. Wash skin with soap and water until clean. Get medical help if irritabon occurs. Ingestion (Swallowing): If conscious, immediately give several glasses of water or milk. Do not induce vomiting. (Do not give food to an unconscious person). Take immediately to hospital or physician. MOST IMPORTANT SYMPTOMS S m toms/ln urles May be slightly irritating to skin. S m tomstip uries after eye contact Serious eye irritation. Symptoms/Injuries after ingestion Significant adverse health effects are not expected to develop if only small amounts (less than a mouthful) are swallowed. Section V - Fire Fighting Measures Flash Point Method Used None I Flammable Limits; NE Extinguishing Media: Waterspray, foam, dry chemical, or carbon dioxide Auto ignition temp: Noncombustible. Special Fire Fighting Procedures and Protective Equipment: Do not enter fire area without proper protective equipment, including respiratory protection. Use water spray or fog for cooling exposed containers. Exercise caution when fighting any chemical fire. Avoid reject fire -fighting water to enter environment. Unusual Fire and Explosion Hazard: Decomposes in a fire giving off irritant fumes, Hazardous Decomposition or Combustion Byproducts: Elemental oxides. Section VI— Accidental Release Measures Steps to Be Taken in Case Material is Released or Spilled: Steps to Be Taken in Case Material is Released or Spilled: Ventilate area. Use specified protective equipment, Contain and absorb on absorbent material_ Place in waste disposal container. Flush area with water. Wet area may be slippery. Spread sand/grit. Additional Information: Planning ahead is essential for handling spills. Proper equipment and trained employees should be readily available to correct a spill situation. Prevent entry to sewers and public waters, Notify authorities if liquid enters sewers and public waters_ Avoid release to the environment. AWC Form No. 216 SAFETY DATA SHEET Page 3 AMERICAN WATER CHEMICALS", INC. 1302 CORPORATE CENTER LANE PLANT CITY, FL 33563 Section VII - Handling and Storage Precautions to Be taken in Use appropriate protective wear. Observe all recommended safety Handling (General): precautions until container is cleaned, reconditioned or destroyed. The reuse of this material's container for non -industrial purposes is prohibited and any reuse must be in consideration of the data provided in this material safety data sheet. Precautions for safe storage and Keep container closed when not in use. Protect from freezing. Do not store any incompatibilities I in elevated temperatures. Section Vill — Exposure Controls and Personal Protection Components (Specific OSHA TWA ACGIH STEL ACGIH Other Limits Chemical Identity; PEL Recommended Common Name s None has been None None None NA established Primary Route of Exposure: Body contact. Target Organs. None Known Respiratory Protection: Approved NIOSH respirator. Skin Protection: Rubber or plastic -impervious and/or waterproof. Protective Gloves: Rubber, nitrile, neoprene, I Eye Protection: Splash proof safety goggles. Other Protective Clothing or Equipment: Eye wash facility and safety shower in immediate area. Rubber boots. Rubbers over leather shoes are not recommended. Section IX - Physical/Chemical Characteristics Boiling Point: > 100°C ( 212°F) Percent Volatile: NE Viscosity: (Brookfield) NE Specific Gravity (H20 = 1): 1.10 f 0.10 Solubility in Water: Complete H: < 3.5 Appearance and Odor: Clear liquid colorless to yellow with characteristic odor, NR: NOT REQUIRED, NE: NOT ESTABLISHED, NA: NOT APPLICABLE Section X — Stability & Reactivity Data Stability: Stable under normal conditions. Conditions to avoid: Do not expose to extreme temperatures_ Incompatibility (Materials to Avoid): May react with strong oxidizers Hazardous Decomposition Products: None known Hazardous Polymerization: Does not occur Condition to avoid: None known Additional Information: none AWC Form No. 216 SAFETY DATA SHFET AMERICAN WATER CHEMICALS', INC. 1802 CORPORATE CENTER LANE PLANT C1'lY FL 33563 Section XI— Toxicological Information Available data on closely related material indicates the following: ORAL LD50(Rats): >2,400 mg/kg (Estimated value) DERMAL LD50(Rabbits): >7,940 mgAg (Estimated value) EYE IRRITATION: Not established SKIN IRRITATION: Not established Muta enic: Not listed. Terato enic: Not listed. Reproductive Toxicity: Not listed. Primary Route of Exposure: Body contact. Target Organs: Not Listed Section XII — Ecological Information on closely re ng: Aquatic Toxicity: Daphnia Magna 48 Hr. acute toxicity LC50=2700 mg1L, no effect level = 1540 m91L Fathead Minnow 96 Hr. acute toxicity, no effect level = 5000 mg/L Biodegradation: BOD-28 = 1 mg/g BOD-5 = 1 mg/g COD = 116 mg/g TOC = 26 mg/g Section Xtll - Disposal Consideration Page 4 Waste Disposal Method: Waste Disposal Method: Water contaminated with this product may be sent to a sanitary sewer treatment facility, in accordance with any local agreement, a permitted waste treatment facility or discharge under a permit. Product as is- Incinerate or land dispose in an approved land fill. If this undiluted product is discarded as a waste, the US RCRA hazardous waste identification number is not applicable, The state and local requirements for waste disposal may be more restrictive or otherwise different from federal regulations. Consult state and local regulations regarding the proper disposal of this material. Section XIV - Transport information UN Number ADR/RID: not regulated IMDG: not regulated IATA: not regulated D.O.T. Proper Shipping Name: ADRIRID: not dangerous goods IMDG: not dangerous goods IATA not dangerous goods ID No: N/A Packing Group: N/A AWC Fonn No. 216 SAFETY DATA SHEET Page 5 AMERICAN WATER CHEMICALS'". INC. 1302 CORPORATE CENTER LANE PLANT CITY, FL 33563 Section XV - Regulatory Information Potable Water Approval: This product is NSFIANSI Standard 60 certified. Maximum use level = 10mg/L Section XVI - Other information NFPA RATINGS: Health Flammability Reactivity 1 0 0 The data contained in this safety data sheet has been prepared based upon an evaluation of the ingredients contained in the product, their concentrations in the product and potential interactions. The information is offered in good faith and is believed to be accurate. It is furnished to the customer who is urged to study it carefully to become aware of hazards, if any, in the storage, handling, use and disposal of the product; and to insure his employees are property informed and advised of all safety precautions requked. AWC Form No. 216 SAFETY DATA SHEET AMERICAN WATER CHEMICALSv, INC. 1802 CORPORATE CENTER LANE PLANT CITY, FL 33563 IDENTITY AWCS A-111 PLUS Section I Company and Product Identification Page AMERICAN WATER CHEMICALSD, INC. ChemTel phone Number: In the U.S.: 1-800-255-3924 1802 CORPORATE CENTER LANE International: 1-813-248-0585 PLANT CITY, FL 33563 Australia: 1-300-954-583 Brazil: 0-800-591-6042 Telephone Number. (813)-246-5448 China: 400-120-0751 India: 000-800-1004086 Mexico: 800-099-0731 Date Prepared: 11121103 Date Revised: October 2019 Trade Name AWC$ A-111 PLUS Product Family RO, NF Scale Inhibitor Section II — Hazards Identification Signal Word: WARNING Acute Toxicity: Oral, Category 5 May be harmful if swallowed. Skin Corrosion/lrritation, Category 5 May be harmful in contact with skin Inhalation: None GHS Hazard Phrases H303 + H313:May be harmful if swallowed or in contact with skin GHS Precaution Phrases P103: Read label before use GHS Response Phrases P311: Call a poison center/doctor/... if you feel unwell GHS Storage and Disposal Phrases Please refer to section 7 for storage and section 13 for Disposal information Route(s) of Entry: Inhalation? N Skin? Y Ingestion? Y Health Hazards Effects of Acute and Chronic Overexposure) Inhalation: None Known Eye Contact: May cause eye irritation. Skin Contact: May be slightly irritating to skin Ingestion (Swallowing): May be harmful if swallowed AWC Form No. 216 SAFETY DATA SHEET AMERICAN WATER CHEMICALS`r', INC. 1802 CORPORATE CENTER LANE PLANT CITY, FL 33563 Section III - Hazard Ingredients/Composition Information Pagc 2 Hazardous Components Chemical Name CAS # % Pal acr lic acid, sodium salt 9003-04-7 179-10-7 34-36 1 Acrylic acid monomers < 0.1 Section IV — First Aid Procedures Inhalation: Not considered a problem. Move victim to fresh air Eye Contact: Remove contact lenses. Hold eyelids apart. Immediately flush with plenty of low pressure water for at least 15 minutes. Calla physician. Remove material from skin and clothing. Skin Contact: Immediately flush skin with plenty of water while removing contaminated clothing and shoes. Thoroughly wash before reuse or discard. Wash skin with soap and water until dean. Get medical help if irritation occurs. Ingestion (Swallowing): If conscious, immediately give several glasses of water, Do not induce vomiting. (Do not give food to an unconscious person). MOST IMPORTANT SYMPTOMS Symptoms/injuries May be slightly irritating to skin. Symptoms/Injuries after eye contact Wy be irritating to a es_ Symptomstinjuries after ingestion Significant adverse health effects are not expected to develop if only small amounts (less than a mouthful) are swallowed. Section V - Fire Fighting Measures Flash Point Method Used None I Flammable Limits: NE Extinguishing Media: Product is a non- flammable aqueous solution. Use any media suitable for the surrounding fire. Auto ignition temp: Noncombustible. Special Fire Fighting Procedures and Protective Equipment: Do not enter fire area without proper protective equipment, including respiratory protection. Use water spray or fog for cooling exposed containers. Exercise caution when fighting any chemical fire. Unusual Fire and Explosion Hazard: None Known Hazardous Decomposition or Combustion Byproducts: Oxides of carbon and nitrogen may be released if water is evaporated by fire. Section VI — Accidental Release Measures Steps to Be Taken in Case Material is Released or Spilled: Steps to Be Taken in Case Material is Released or Spilled: Ventilate area. Use specified protective equipment. Contain and absorb on absorbent material. Place in waste disposal container. Flush area with water. Wet area may be slippery. Spread sand/grit. AWC Fonn No. 216 SAFETY DATA SHEET AMERICAN WATER CHEMICALS$, INC. 1802 CORPORATE CENTER LANE PLANT CITY, FL 33563 Page 3 Additional Information: Planning ahead is essential for handling spills. Proper equipment and trained employees should be readily available to correct a spill situation. Prevent entry to sewers and public waters. Notify authorities if liquid enters sewers and public waters. Avoid release to the environment. Section Vll - Handling and Storage Precautions to Be taken in Use appropriate protective wear. Observe all recommended safety Handling (General): precautions until container is cleaned, reconditioned or destroyed. The reuse of this material's container for non -industrial purposes is prohibited and any reuse must be in consideration of the data provided in this material safety data sheet. Precautions for safe storage and Keep container closed when not in use. Protect from freezing. any incompatibilities Section Vill — Exposure Controls and Personal Protection Components (Specific Chemical Identity; Common Name(s)) OSHA PEL TWA8 ACGIH STEL ACGIH Other Limits Recommended Acrylic Acid 10 ppm 2 ppm N/A NA Primary Route of Exposure: Body contact. Target Organs: None Known Respiratory Protection: Not normally required Skin Protection: Rubber or plastic-rimpervious and/or waterproof. Protective Gloves: Rubber, nitrite, neoprene, PVL. I Eye Protection: Splash proof safety goggles. Other Protective Clothing or Equipment: Eye wash facility and safety shower in immediate area. Rubber boots. Rubbers over leather shoes are not recommended. Section IX - Physical/Chemical Characteristics Boiling Point: 212'F/100'C Percent Volatile: > 64% Freezing Point: <O°C Viscosity: (cP at 25°C): <10 Specific Gravity (H2O = 1): 1.10 + 0.10 Solubility in Water: Complete pH: 3-5 Appearance and Odor: Clear colorless to light yellow liquid NR: NOT REQUIRED, NE: NOT ESTABLISHED, NA: NOT APPLICABLE AWC Form No. 216 SAFETY DATA SHEET AMERICAN WATER CHEMICALS!, INC. 1802 CORPORATE CENTER LANE PLANT CITY, FL 33563 Section X — Stability & Reactivity Data Stability: Stable under normal conditions. Conditions to avoid: None Known Incompatibility (Materials to Avoid): Metals, concentrated alkalis or oxidizing agents. Hazardous Decomposition Products: None known Hazardous Polymerization: Does not occur Condition to avoid: None known Additional Information: None Section X1— Toxicological Information Available data on closely related material indicates the following: NO TLV'S ESTABLISHED FOR FINISHED PRODUCT. ORAL L050 (RAT): >5.0 g/kg. DERMAL (acute) LD50 (RABBIT) : >2.0 g/kg. DERMAL IRRITATION (RABBIT) : NOT A PRIMARY IRRITANT ABOVE DATA IS BASED ON COMPOSITIONALLY SIMILAR MATERIAL. Muta enic: Not listed. Terat enic: Not listed. Reproductive Toxic : Not listed. Primary Route of Exposure: Body contact. Target Organs: Not Listed Section XII — Ecological Information Page `I Available data on closely related material indicates the following: BLUE GILLS: LC50=1,000 PPM; NO DISCERNIBLE EFFECT AT 680 PPM AFTER 96 HRS. EXPOSURE SHEEPSHEAD MINNOWS: LC50 = 600 PPM; NO DISCERNIBLE EFFECT AT 360 PPM AFTER 96 HRS. EXPOSURE_ THE ABOVE ENVIRONMENTAL DATA ARE FOR A COMPOSITIONALLY SIMILAR MATERIAL. Section XIII - Disposal Consideration Waste Disposal Method: Waste Disposal Method: Water contaminated with this product may be sent to a sanitary sewer treatment facility, in accordance with any local agreement, a permitted waste treatment facility or discharge under a permit. Product as is- Incinerate or land dispose in an approved land fill. ff this undiluted product is discarded as a waste, the US RCRA hazardous waste identification number is not applicable. The state and local requirements for waste disposal may be more restrictive or otherwise different from federal regulations. Consult state and local regulations regarding the proper disposal of this material. AWC Fonn No. 216 SAFETY DATA SHEET AMERICAN WATER CHEMICALSe, INC. 1802 CORPORATE CENTER LANE PLANT CITY, FL 33563 Section XIV - Transport information Page 5 D.O.T. Proper Shipping Name: N/A D.O.T. Hazard Class: NIA D.O.T. LABEL: N/A ID No: NIA Packi Group: NIA Section XV - Regulatory information THIS PRODUCT DOES NOT CONTAIN HAZARDOUS SUBSTANCES AT LEVELS WHICH REQUIRE REPORTING. OBEY ALL FEDERAL, STATE OR LOCAL REGULATIONS. Certified NSF/ANSI Standard 60 Drinking Water Treatments Chemical — Health Effects_ Max Use 10 mg/L Section XVI - Other information NFPA RATINGS: Health Flammabil' —Reactivity 1 0 1 0 The data contained in this material safety data sheet has been prepared based upon an evaluation of the ingredients contained in the product, their concentrations in the product and potential interactions. The information is offered in good faith and is believed to be accurate. It is furnished to the customer who is urged to study it carefully to become aware of hazards, if any, in the storage, handling, use and disposal of the product; and to insure his employees are properly informed and advised of all safety precautions required. AWC Form No. 216 ADVANTAGES • A broad spectrum antiscalant designed to inhibit inorganic scale formation in membrane separation processes • Inhibits calcium carbonate scale up to a Calcium Carbonate Nucleation Index (CCNI) of 2.2 • Effectively inhibits formation of calcium sulfate, calcium Fluoride, barium sulfate, strontium sulfate and silica • Stabilizes metal ions to prevent metal oxides precipitation and disperses existing metal oxides/ hydroxides, silt and clay particles • Approved for use by all major membrane manufacturers • Environmetally compatible, especially where discharge of waste into the environment is a concern • Certified by NSF to NSF/ANSI Standard 60 TYPICAL PROPERTIES Appearance Odor Solubility in water pH (as is) @ 2S•C Specific Gravity PACKAGING Clear colorless to yellow liquid Characteristic Complete < 3.5 1.10 s 0.10 5 gallon pails, 55 gallon non -returnable plastic drums, 275 gallon totes and bulk shipments AWCOA-102 PLUS SAFETY & HANDLING Store in a cool, dry place. In accordance with good safety practice, handle with care and avoid contact with eyes and prolonged or repeated contact with skin. For more information, see the Safety Data Sheet provided with this product. CHEMICAL FEEDING AND CONTROL Injection: AWC A-102 Plus should be injected continuously into the RO feedwater line, always downstream of multimedia filters, and preferably downstream of the cartridge filters in the presence of a static mixer. In the absence of a static mixer, dosing upstream of the cartridge filters will serve as a substitute to improve mixing. Dosing: The dosage required to inhibit scale formation will typically be in the range of 1- 5 ppm, depending on feed water quality and system operating parameters. Dosage can be determined using ProtonO membrane antiscalant projection software, or can be provided by an AWC technical representative. Dilution: AWC A-102 Plus is designed to be fed neat However, if the minimum output of the dosing pump exceeds the required dosage, then dilution will be necessary. For product dilution, always use water that is free of any detectable hardness - deionized water or RO permeate are preferred due to their higher purity, but softened water is also acceptable. This product contains a preservative to prevent biological growth in the feed tank. Dilution in excess of 10X will impact the potency of the preservative. If dilution beyond 10X is unavoidable, it is recommended to replace the diluted product frequently, preferably every 7 - 10 days- ADVANTAGES • Phosphorous -free antiscalant designed to inhibit inorganic scale formation in membrane separation processes Inhibits calcium carbonate scale up to a Calcium Carbonate Nucleation Index (CCNQ of 2.0 • Controls calcium carbonate, calcium sulfate, barium and strontium sulfates, as well as silica scales in waters with a high fouling potential • Approved for use by all major membrane manufacturers • Environmentally compatible, especially where discharge of waste into the environment is a concern • Certified by NSF to NSF/ANSI Standard 60 TYPICAL PROPERTIES Appearance Odor Solubility in water pH (as is) @ 25'C Specific Gravity PACKAGING Colorless to light yellow liquid Characteristic Complete 3-5 1.10_ 0-10 5 gallon pails, 55 gallon non -returnable plastic drums, 275 gallon totes and bulk shipments AWC"'A-111 Plus SAFETY & HANDLING Store in a cool, dry place. In accordance with good safety practice, handle with care and avoid contact with eyes and prolonged or repeated contact with skin. For more information, see the Safety Data Sheet provided with this product CHEMICAL FEEDING AND CONTROL Injection: AWC A-111 Plus should be injected continuously into the RO feedwater line, always downstream of multimedia filters, and preferably downstream of the cartridge filters in the presence of a static mixer. In the absence of a static mixer, dosing upstream of the cartridge filters will serve as a substitute to improve mixing. Dosing: The dosage required to inhibit scale formation will typically be in the range of 1- 5 ppm, depending on feed water quality and system operating parameters. Dosage can be determined using Proton® membrane antiscalant projection software, or can be provided by an AWC technical representative. Dilution: AWC A-111 Plus is designed to be fed neat However, if the minimum output of the dosing pump exceeds the required dosage, then dilution will be necessary. For product dilution, always use water that is free of any detectable hardness - deionized water or RO permeate are preferred due to their higher purity, but softened water is also acceptable. This product contains a preservative to prevent biological growth in the feed tank. Dilution in excess of 10X will impact the potency of the preservative. If dilution beyond 10X is unavoidable, it is recommended to replace the diluted product frequently, preferably every 7 - 10 days. � Buic: aWCJ AMERICAN WATER CHEMICALS; INC. CERTIFICATE OF ANALYSIS Product Name: Lot #: Date of manufacture: AWC A-102 PLUS 20-149 1 03/21/2020 PARAMETER SPECIFICATION OBSERVATION Results CONTROL RANGE 1 APPEARANCE CLEAR LIQUID - CLEAR LIQUID - PASS YELLOW YELLOW 2 pH <3.5 2.24 PASS 3 SPECIFIC GRAVITY 1.10t 0.05 1.08 PASS 4 SOLIDS (%) 36.5 t 5.0 36.0 PASS RESIDUAL 5 MONOMER <0.1 % <0.1 % PASS CONTENT Prepared by: QA/QC Chemist 1812CORPORATECCNTEA LANE, PLANT ('ITY, FtORIDA, USA -PHONE: 813.246.5448- EAx, 813-623.6678- WEB; WWW,MEAIBRINEC(IEMICALS.COM 41VC FORM 407 R5 02-13-1 R � WCrJ AMERICAN WATER CHEMICALS, INC. CERTIFICATE OF ANALYSIS Product Name: Lot #: Date of manufacture: AWC A-111 PLUS 20-310 1 06122/2020 PARAMETER SPECIFICATION OBSERVATION Results CONTROL RANGE CLEAR LIQUID — CLEAR LIQUID — 1 APPEARANCE COLORLESS TO COLORLESS PASS LIGHT YELLOW 2 pH 3.0 — 5.0 4.63 PASS 3 SPECIFIC GRAVITY 1.10± 0.10 1.08 PASS 4 SOLIDS (%) 25.0 ± 5.0 25.0 PASS RESIDUAL 5 MONOMER <0.1 % <0.1 % PASS CONTENT Prepared by: QA/QC Chemist 18112 CORPORATE CENTER LAME, PLANT CITY, FLORID:►, USA - PHONH: 813-246-5448— FAX: 813-623-6678— WEB: WWW_A[Eb1BRANECHElkIICALS.COi1[ 41VC FORM 407 R5 02-13 J 8 Listing Category Search Page ( NSF International 12) The Public Health and Safety Organization NSF Product and Service Listings These NSF Official Listings are current as of Thursday, July 02, 2020 at .2:15 a.m. Eastern Time. Please contact NSF to confirm the status of ariv Listing, report errors, or make suggestions. Atert: NSF is concerned ai)out fraudulent downloading and manipulation of website text. Always confirm this information by clicking on the below link for the most accurate information: i,,;, iO.nsf.org/CertifiedlPwsChemicals/Listings.aspl Corr�panytlarne=American-tivatcr=Chemicals+lnc 2EaTradeName=AWC+a-'}21)102+PlusttPlantState=Florida+FLaPiantCountry-UNITED+STATESit NSF/ANSI/CAN bU Drinking Water Treatment Chemicals - Health Effects American Water Chemicals, Inc. 1802 Corporate Center Lane Pcant City, FL 33563 United States 889-217.8757 813.246.5448 Visit this company's r.ebsite Facility : Plant City, FL Miscellaneous Treatment Chemical Trade Designation Product Function Max Use A'WC A-102 Plus Revere Osmosis Antisealant 15mg/L http:/ritLf'o.nsf.orgi...-102+Plus&Clu»tica1Name=&Productrunction—&PlantState=Florida+FL&PlantCountty—UAf1TED+STATES&PlantRegion=[TV2020-1:37:48 PNI] Listing Category Search Page I NSF latetnntional 0 The Public Health and Safety Organization NSF Product and Service Listings These NSF Official Listings are current as of Thursday, July 02, 2020 a° 12.15 a.m. Eastern Time. 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CamoanyMarne-American+Water+C."mica'� Inc 2EtxTraderiame=AWCI-A'S2D111+P1usdRlant=tate=r'lorida+FLtaPlantCountry=UNITED+ST&TES& NSF/ANSI/CAN 60 Drinking Water Treatment Chemicals - Health Effects American Water Chemicals, Inc. 1802 Corporate Center Lane Plant City, FL 33563 United States 888-217-8757 813-246-5448 Visit this company's ,vebsite Facility : Plant City, FL Miscellaneous Treatment Chemical Trade Designation Product Function Max Use AWC A-111 PLUS Reverse Osmosis Antiscalant 10mg/L http:/hnfo.nsf org+_.- I I I+Pltts&.ChemicalNa,ne=&ProdurtFunc tion-&PlantState-Florida+FL&PlantCountry=L MTED+STATES&PIantRegion=[7r212020 3.38:25 PMJ .+�""'A � F �; S �•.._ � (� ��_ a w P Rt��,�'`,��' 1 T Projection By: Client name Joshua Utter Clearmater Membrane Aqueous Chemistry Calculator Project Id: 15024 Project: Bid2020 RO#1 / Bid WO 2020 REPORT: 5.198.48.02 release date: 1uly04, 2020 Location: United States Florida Oearwater Source: 'Nell Water (Brackish) Feed Pressure: psi 84.607 Feed Temperature: °C 25.200 Total Pressure: psi 41.070 Raw Water FlowlTrain.- gallmin 972.222 Brine Pressure: psi 43.537 Permeate Flow/Train: gallmin 758.333 Permeate Pressure. psi 0,000 Average Flux Rate: gfd 11.820 System Recovery: % Mow Recycling Flow- gallmin 0.000 Internal Recovery: % 78.000 Flow Factor: 1.000 Element Age: Years 0 Salt Passage Increase: % 0,000 Specific Power: kWhlkgal 0-863 Ca2` 101.20 101.20 45829 0.48 b192` 13.70 13.70 62-06 0.06 Sa2' 0-03 0.03 0.12 0,00 Sr2- 0.26 0,26 1.18 0.00 Na- 93.50 93.50 402.98 6.21 K- 2,20 2.20 9.48 0.15 Fez- 0.00 0.00 0.00 0.00 Fe3' 0,10 0.10 0-38 002 *3' 0.00 0.00 0.00 000 Mn2-1 0.01 0,01 0.05 000 NH3/NH4 - N 0.46 0.46 2,02 0.02 HCO3- Alk(CaCO3) 184.00 182.63 791.38 4.73 C032- Alk(CaCO3) 000 1.37 27.65 0.00 Total Alk (CaCO3) 184.00 184.00 819.03 4.73 CO2 15-49 15.49 25.88 15,35 Ortho-P043- 0.18 0.18 0.70 004 SO42- 20.00 20.00 90.71 0.06 F- 0.18 0,18 0-79 0.01 Cl- 220.55 220.55 976.20 7A2 Br 0.99 0.99 4.37 0.04 SiO2 24.30 24-30 108.87 0.45 NOs--N 0-00 0.00 0.00 0.00 NO2--N 0-00 0.00 0.00 0.00 Sulfides (as Sz-) 0.00 0,00 0.00 0.00 8 0.04 0.04 0.04 0.04 AS (111) 0,00 0.00 0.00 0.00 AS (V) 0.00 0.00 0.00 0.00 TDS: 696.660 696.670 3079.960 20.630 Cond (ps/cm): 1198.000 1008.484 4266.507 30.629 PH: 7.300 7,300 7.640 5,770 Flow: gaUday 0.000 0 000 1092000.000 Summary T. i;lroducts. .- pH adjusted using: H2SO4 0.000 rng1L Selected product_ A:OJC A-102 Plus 2.752 mg/L 1 / 6 American Water Chenticnts Inc does not assume any obligation or liability for results obtained or damanes iremTed from the application of this inronnation- p 7,. cBW C i �J'�T N I Projection By: Client name: Joshua Utter Clearwater Membrane Aqueous Chemistry Calculator Project Id: 15024 Project: Bid202020#1 / Bid WO 2020 REPORT: 5.198.48.02 release crate: July 04, 2020 Location- United States / Florida! Clearwater Total Elements: _ 154 56 Total Vessels: 22 8 Elements 1 Vessels: 7 7 Feed Pressure: psi 84.607 66.466 Permeate Throttler psi 21.912 0.000 Backpressure: Interstage Boost Pressure: psi 0.000 0.000 Piping Losses: psi 0.000 0.000 Concentrate Pressure: psi 66.466 43.537 Feed Flow: gavirnin 44.192 41.319 Concentrate Flow: gatlmin 15.025 26.736 Permeate Average System Q Feed Flow Concentrate A Osmotic Net Driving Membrane Model: Flow. Flux: Recovery: 1 PV: Flow PV: Pressure: Pressure: Pressure: gallmin gfd % gal/min gattmin psi psi psi Stagel 641.667 13.636 66.000 1.095 44.192 15.025 18.141 16.706 40.100 1 ESPA4 MAX 5.546 18.149 12.549 1.100 44.192 38.646 4.818 6.916 53.370 2 ESPA4 MAX 4.997 16,355 12.931 1.094 38.646 33,649 3.822 7.870 48.096 3 ESPA4 MAX 4.524 14.807 13.446 1.089 33.649 29,124 3.007 9.008 43.544 4 ESPA4 MAX 4.104 13.431 14.091 1.084 29.124 25.021 2.338 10.384 39.496 5 ESPA4 MAX 3.714 12.156 14.845 1.080 25.021 21.306 1.794 12.066 35.747 6 ESPA4 MAX 3.335 10.915 15,653 1.076 21.306 17.971 1.355 14.142 32.097 7 ESPA4 MAX 2-946 9.641 16.393 1.070 17.971 15.025 1.OD7 16.706 28.352 Stage2 116,667 6.818 35.294 1.039 41.319 26.736 22.929 26-136 31.114 1 ESPA2 MAX 3.053 9.991 7.388 1.055 41.319 38.267 4.501 18.624 45.591 2 ESPA2 MAX 2.681 8.774 7.006 1.049 38.267 35.586 3.963 19.944 40.040 3 ESPA2 MAX 2.342 7.665 6.581 1.044 35 586 33244 3.516 21,268 34.976 4 ESPA2 MAX 2.031 6.648 6.111 1.039 33.244 31212 3-145 22575 30.339 5 ESPA2 MAX 1.746 5.716 5.595 1.034 31.212 29-466 2838 23.839 26.083 6 ESPA2 MAX 1 A85 4.859 5.039 1.029 29.466 27.981 2-586 25.035 22.175 7 ESPA2 MAX 1.245 4.074 4 449 1.025 27.981 26.736 2.380 26.136 18-591 2 t3 a American Water Chemicals Inc does not assume arty oblivation or liability l'ar results obtained or damages incurred from the application of this information. rj i t Projection By: Joshua Utter a W c T Client name- Clearwater Project Id., 15024 Membrane Aqueous Chemistry Calculator Project: Bid2020_R0#1 ! Bid WQ_2020 REPORT: 5.198.48.02 release date: July 04. 2020 Location: United States f Florida! Clearwater 350 300 250 200 150 100 50 0 Summary Scale - Precipitation Potentials (mg/L) (when no antiscalant is used) .O O GaGO� `�,~ Ga�G} ��OA �a43 �'a�a ��ory �IZGQ, �e� �t.��GA �eQG> e`G��G`0 CaM Ca3(P09)2 CaSOu Sr504 Ba504 CaF2 Si02 FeCO) FeS MnCO, FPPO- FejOHk3 AI;f H 337.724 0.149 0 0 0 0 19-W 0 0 0 a 0.737 n Summary Scale - X Saturation (when no antiscalant is used) 5.0 ! 4.5 4.0 3.5 I 3.0 2.5 2.0 1.5 00.5 .0 �% � .0 GaG03 `,M1 C.ay� h�O' a�Ob G<ti �Gti CaCO3 C"P042 CaSO: SrSO-- BaS0. CO2 S+02 FeCO3 FeS Tv1nCO3 FePO4 FelOH}3 AI(OH)3 1.4g{OH)2 32.314 20.979 0.045 0.003 0.839 0,154 1 215 0 0 0 534 91451.10 14890.74-8 0 0 3 6 IAmerican Water Chemicals lite does not assume any obligation or liability for results obtained or damags inCLaTed from the application of this information. a uicJ l O N j Client Projection : Joshua Utter , :�, Client name: Clearwater Membrane Aqueous Chemistry Calculator Project Id: 15024 Project: Bid2020_R041 t Bid WQ 2020 REPORT: 5.198.48.02 release date: Jul% 04, 2020 Location: United StatesIFlorida IClearwater CaCO3 Saturation is 32.31 X: [Saturation Index is 1.511, Precipitation Potential: 337-72 M93 MIgCO3 Saturation is 2.74 X; [Saturation Index is 0.44], Precipitation Potential: 44.65 mg/l Ca3(PO4)2 Saturation is 20.98 X; [Saturation Index is 1,321, Precipitation Potential: 0.15 mW1 FePO4 Saturation is 91.451.10 X; [Saturation Index is 4.96]. Precipitation Potential: 0.00 mg9 Fe(OH)3 Saturation is 14,890.75 X: [Saturation Index is 4.17[. Precipitation Potential: 0.74 Mgt] CaSi20a(OH)2 Saturation is 345-19 X; (Saturation Index is 2-54). Precipitation Potential: 1.56 mgg S02 Saturation is 122 X: [Saturation Index is 0.0B), Precipitation Potential: 19.59 mgll 4 r 8 American Water Chemicals Inc does not assume any obligation or liability for results obtained or danwgcs incurred red the application of this information. p 1 Projection By: BUJ-S ° `PTO @ Client name: Membrane Aqueous Chemistry Calculator ectld: Prarojeck REPORT. 5,198,48.02 release, date: July 04,2020 Location: CaLmn Caghuaur Ilamsi0m Hydnvdi CiArmu ft4iPh rrt R} n 09 t -611 OK cm L14 ail u PoK-uirvinm "erks Wes cihia SMCM 150 pile QW. 4.87 ve 4nifldam -`akre s.�c. _ asK 1 Cakmm me iNe nni pE i Joshua Utter Clearwater 15024 Bid2020_ROM / Bid WCt_2020 United States 1 Florida 1 Clearwater - ut tlll0r Peeeiyauiau imla 9.1 L"aldux FLw.� Joshua Utter Clearwater 15024 Bid2020_ROM / Bid WCt_2020 United States 1 Florida 1 Clearwater - ut tlll0r Peeeiyauiau imla 9.1 L"aldux FLw.� 9.41 os 5 / 6 I Ainerican beater Chemicals !ne does not assume any obl igation or liability for results obtained or darnagcs incurred T from the application of this infonnation. )�aWC� S * Membrane Aqueous Chemistry Calculator REPORT. 5.198.48.02 release date: luly04,_20'_0 Projection By Joshua Utter Client name: Clear,vater Project Id: 15024 Project: Bid2020_R0#1 / Bid WQ_2020 Location: United States 1 Florida 1 Clearwater Calculated Dosage: 2.752 mg;L 0.000 rrxVL Total Dosage (modif;wj by user) 2.752 mg/L NIA % Concentration VA 93.00"o Density: 1.070 g1cm3 1.835 gk rn3 Dosing Pump: 9.466 mlimin 0.000 milmin Hours of Operation/Day: 24 hour(s) 24 hour(s) Consumption per: Day 32.156 bs 0.000 Ibs Week 225.091 Ibs 0.0110 bs 4 Weeks 900.363 bs 0.000 bs Year 11736.872 Ibs 0-000 ft 5 Ye-r:= 58684.362 Ibs OA00 his Metering PuTp Type: Diaphragm Pump Dosing Pump Capacity- galthour 1.00 Dilution Required: 3.00 Injection pump low - Diluted Product mUmin 28.40 `% of Pump Capacxy % 45.0 * Stroke: % 50 * Speed: % 90 Day Tank Capacity- Days 3 Day Tank Volume: gal 40.00 Insert your additional comments below: Comment;... DISCLAIMER: NO WARRANTY. EXPRESSED OR IMPLIED, AND NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS GIVEN, American Water Chemicals Inc does not assume any obligation or liability for results obtained or damages incurred from the application of this information. Because use conditions and applicable laws may differ froth one location to another and may change with time, customer is responsible for determining whether products are appropriate for customer's use. American Water Chemicals assumes no liability, if, as a result of customer's use of tlk Proton membrane aqueous chemistry calculator. the customer should be sued foralleged infringement of any patent not oivned or controlled by American Water Chemicals Inc, 6 6 American Water Chemicals Inc dues not assume any obligation or liability for results obtained or damages incurred from the application of this information. ® 11 Projection By: Joshua Utter auie PRE 1 Client name. Clearwater Membrane Aqueous Chemistry Calculator Project Id: 12229Project. Bid202a_Ro#2 r Bid wo_2020 REPORT: 5.198.48.02 release date: July 04, 2020 Location: United States / Florida / Clearwater ;h M yaA' V; ,... .. _.... .... .. , Source: Well Water (Brackish) Feed Pressixe: psi 193.661 Feed Temperature: 'C 25.000 Total Pressure: psi 25.291 Raw Water Flow/Train-, gal/min 1215,278 Brine Pressure: psi 168.370 Permeate Flowtrrain: gal/min 972,222 Permeate Pressure: psi 0.000 Average Flux Rate: gfd 10.100 System Recovery: % 80.000 Recycling Flow- gal/min 0-000 Internal Recovery: % 80.000 Flow Factor: 1.000 Element Age: Years 0 Salt Passage Increase: % 0.000 Specific Power kWhlkgal 1.952 ` Ca2. 195.00 195.00 971.94 0.77 M92- 86,80 86.80 432,94 0.27 Bat 0.05 0.05 0.24 0.00 Sr2� 1.39 1.39 6.93 0.00 Na' 814.00 814.00 3980.98 22.26 K` 24-80 24.80 121.28 0.68 Fee' 0-00 0.00 0.00 0.00 Fe3, 0.02 0.02 0.09 0.00 AP, 0.00 0.00 0.00 0.00 Mn2• 0.01 0.01 0.05 0.00 NH3/NH4 - N 0.34 0,34 1.45 0.06 -� -i.Y. ^' . a.".-.''". :i:-�•N... e- �eL:.� ._._..:_�__�. .. .� HCO3- AA(CaCO3) �__..... _.:.. .`3,__.i.- Z 183-00 _ -:. ,, a _ 181.44 .ram^) ._.a 873.81 sS aM-..._1 _ 3.11 C032- Alk(CaCO3) 0.00 1.56 28.75 0.00 Total Auk (CaM) 183.00 183.00 902.56 3.11 CO2 16.29 16.29 26.26 16,10 Ortho-P 43• 0.34 0.34 1.32 0.09 SO42• 160.00 160.00 797.83 0.54 F- 0.00 0.00 0.00 0.00 Ct- 1622.39 1622.39 7973.94 34.50 Br 17.10 17.10 83.84 0.42 SiO2 18.60 18.60 91.35 0-41 NO3--N 0.00 0.00 0.00 0-00 NO2•-N 0.00 0.00 0.00 0.00 Sulfides (as S2-) 0.00 0-00 0.00 0.00 B 0.16 0.16 0.21 0.15 AS (111) 0-00 0.00 0.00 0.00 AS(V) 0.00 0.00 0.01 0.00 TDS: 3142.490 3142.490 15446.000 63.470 Cond (us/cm): 5305.000 5122,319 24154.739 105.246 pH: 7.200 7,200 7.480 5.560 Flow: gal/day 0.000 0.000 1400000.000 pH adjusted using: H2SO4 Selected product: AWC A-111 PLUS 0.000 mg/L 1,600 RKX 1 ; 6 American Water Chemicals Inc does not assume any obligation or liability for results obtained or damaQts incurred fmn the application of this infonnation. Projection By: Joshua Uttv Client name; Clearwater Membrane Aqueous Chemistry Calculator Project Id_ 12229 Project: 1342020_130#2 / Bid WQ_2020 REPORT: 5.198.48.02 release date: July 04, 2020 Location: United States 1 Florida / Clearwater Total Elements: 210 105 Total Vessels: 30 15 Elements / Vessels: 7 7 Feed Pressure: psi 193.661 179.025 Permeate Throttle! psi 7d.88d 0.000 Backpressure. Interstage Boost Pressure: psi 0.000 0.000 Piping Losses: psi 0.000 0.000 Concentrate Pressure: psi 179,025 168.370 Feed Flow: gal/min 40.509 29.167 Concentrate Flow, gal/min 14.5W 16.204 Permeate Average System Feed Flow Concentrate A C+srrwtic Net Driving Membrane Model: Flow: Flux: Recovery: / PV: Flow / PV: Pressure: Pressure: Pressure: gal/min gfd % gallmin gal/min psi psi psi Slagel 777.778 12.121 64.000 1.078 40.509 14.583 14.637 85.929 48-ON 1 TMG20-440C 5.922 19.382 14.620 1.112 40.509 34.587 4.083 38.190 78.546 2 TMG20440C 5.223 17.092 15.100 1.104 34.587 29.364 3.107 44.486 68.655 3 TMG20-440C 4.481 14.667 15.262 1.093 29.364 24.883 2-349 51.901 58.511 4 TMG20-440C 3.764 12.318 15.127 1.082 24.883 21.119 1.775 60.486 47.864 5 TMG20-440C 2.927 9.580 13.860 1.067 21.119 18.192 1.359 69.560 37.223 6 TMG20-440C 2.141 7.008 11.771 1.050 18.192 16.060 1.074 78.338 27229 7 TMG20-440C 1.467 4.802 9,141 1.035 16.050 14.583 0.889 85.929 18.657 Stages 194.444 6.081 44.444 1.040 29.167 16.204 10.655 154.983 42.534 1 TM720D-440 3.420 11.192 11.725 1.070 29.167 25.747 2.398 99.278 78.548 2 TM720D440 2.823 9.239 10.964 1.060 25.747 22.924 1.953 110.811 64.838 3 TM720D-440 2.247 7.353 9.801 1.049 22.924 20.677 1.620 122.257 51.605 4 TM72OD-440 1.718 5_623 8.309 1.039 20.677 18.959 1.378 132.902 39.461 5 TM7200-440 1261 4.127 6.651 1.029 18.959 17.698 1.206 142.109 28.962 6 TM720D-440 0.889 2.911 5.026 1.021 17.698 16.809 1.089 149.494 20.430 7 T16172OD-440 0.605 II A79 3.598 1.014 16.809 16.204 1.010 154-983 13.892 2 / 6 I American Water Chemicals Inc dues not assume any obligation or liability for results obtained or damaggcs incun•ed firm the application of this intonnation. p aW I PR °_,T0N' Projection By: Client name: Joshua Utter Clearwater Membrane Aqueous Chemistry Calculator Project ld: Project: 12229 Bid2020_R0#2 / Bid WO 2020 REPORT: 5.198.48.02 release date: July 0a, 2020 Location: United States t Florida /Clearwater Summary Scale - Precipitation Potentials (mg/L) (when no antiscalant is used) 320 280 240 200 160 120 80 40 Q 0 ON � ~ O, ��� Q� 01 G�Ga� Ga�o' ga�O* �QQOa a`O1ti ' CaCOa Ca3(POs)2 CaSO4 SrSO4 BaSO4 CaF2 S102 FeCCh FeS MnCO3 FaM Fa(OWp AK0H)3 WOH)2 289.979 0.141 0 0 0224 0 8 884 0 0 0 0 0.173 0 0 5.0 4.5 4.0 3.5 3.0 2.5 2.0 1.5 1.0 0.5 0.0 Summary Scale - X Saturation (when no antiscalant is used) GaG03 �QO1ti Or O} Op G�5cry ay �GO� �4e� O� QPeOp Ga rC CaCO3 C33(PO4)2 CaSOa SrSO4 BaSO4 CaF2 Sipe FeCO3 FeS MnCO3 FePOa Fe(OH)3 AI(OH)a Mg(OH)2 17 967 6.331 0.216 0.044 3.725 0 1.107 0 0 0.238 33348.217 4910.777 0 0 American Water Chemicals Inc.. dons not assume any obligation or liability for result; obtained or darnages incurred 3 6 I from the application of this infonnation.