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HomeMy WebLinkAboutAgreement_Water Service_2/9/2023_Shrieve Chemical CompanyVILLAGE OF TEQUESTA AGREEMENT FOR SULFURIC ACID 93% SOLUTION THIS AGREEMENT FOR SULFIRIC ACID 93% SOLUTION is entered into and effective this 01 day of , 2023, by and between the VILLAGE OF TEQUESTA, a Florida municipal corporation with offices located at 345 Tequesta Drive, Tequesta, Florida 33469, organized and existing in accordance with the laws of the State of Florida, hereinafter "the Village"; and SHRIEVE CHEMICAL COMPANY, LLC a Texas Limited Liability Company, with principal offices located at 1442 Lake Front Circle, STE 500, The Woodlands, TX 77380, authorized to do business within the State of Florida hereinafter "the Contractor", and collectively with the Village, "the Parties". WITNESSETH The Village and the Contractor, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both Parties, hereby agree as follows: 1. SCOPE OF SERVICES: The Parties hereby agree to enter into this Agreement whereby the Contractor shall provide bulk sulfuric acid 93% solution as needed by the village. The Parties agree to enter into this Agreement and piggyback for bulk sulfuric acid 93% solution at the unit prices described in the Palm Beach County Sulfuric Acid 93% Solution Contract awarded through IFP #22-071 R/MB. Said contract, including its terms, conditions, specifications, and attached exhibits/amendments, are hereby fully incorporated into this Agreement and attached hereto as Exhibit "A". 2. COMPENSATION: In consideration for the above Scope of Services, pricing shall be pursuant to the unit prices provided in Exhibit "A". The Parties hereby agree to the Village's purchase of supplies and/or services in greater or lesser amounts than estimated in the Palm Beach County Sulfuric Acid 93% Solution Contract #IFP-22-07 I R/MB, as referenced by the proposal in Exhibit "A". In consideration for the above Scope of Services and pursuant to any Exhibits, if applicable, the Village shall pay the Contractor in accordance with the unit prices described in Exhibit "A". The goods or services shall be delivered in a manner, location, and time as deemed acceptable to the Village the "Performance Date." 3. CHANGE ORDERS: Seller is aware that price and time are of the essence in this contract and that prompt and timely performance of all such obligations is strictly required. If conditions Page 1 of 8 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 submitted after the change order deadline will not be considered. Seller shall not proceed with any change to its obligations under a change order request unless documented in a Change Order executed by both Parties. If Seller requests a change order prior to the change order deadline Village at its discretion may accept the change order as is or with modifications, deny the change order, re -advertise and re -solicit providers for the required goods or services or terminate this contract. If the Village elects to re -advertise and re -solicit the need for goods or services the Village will have 30 days "Solicitation Period" in which to accept the contemplated change order or terminate this contract. At any time after execution of this Agreement but prior to Seller's delivery of the Goods, the Village reserves the right at its discretion to change, modify, revise add, or remove any part of its order for the Goods as described by this Agreement and any Exhibits, if applicable. If any such change to the Village's order causes an increase or decrease in the cost of the Goods or causes a change in the time required for delivery of the Goods, the Village shall make an equitable adjustment in the contract price, the delivery schedule, or both. Any change to the Village's order for the Goods and any subsequent equitable adjustment to the terms of this Agreement shall be effectuated through a written Amendment to this Agreement as executed by both Parties pursuant to Section 15. of this Agreement. 4. TERM; TERMINATION; NOTICE: Pursuant to the Palm Beach County Sulfuric Acid 93% Solution Contract, the original contract term will expire on October 17th, 2023. This Agreement may be terminated by either party upon 30 days written notice to the other party. Notice shall be considered sufficient when sent by certified mail or hand -delivered to the Parties during regular business hours at the following addresses: Village Contractor Village of Tequesta Shrieve Chemical Company 345 Tequesta Drive 1775 Woodstead CT Tequesta, FL 33469-0273 The Woodlands, TX 77380 Attn: [Department] Page 2 of 8 5. INSURANCE: The Contractor shall provide proof of workman's compensation insurance and liability insurance in such amounts as are specified in Exhibit "A" and shall name the Village as an "additional insured" on the liability portion of the insurance policy. 6. INDEMNIFICATION: The Contractor shall at all times indemnify, defend and hold harmless the Village, its agents, servants, and employees, from and against any claim, demand or cause of action of whatsoever kind or nature, arising out of error, omission, negligent act, conduct, or misconduct of the Contractor, its agents, servants, or employees in the performance of services under this Agreement. Nothing contained in this provision shall be construed or interpreted as consent by the Village to be sued, nor as a waiver of sovereign immunity beyond the waiver provided in Section 768.28, Florida Statutes. 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 Page 3 of 8 of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. 10. E-VERIFY ELIGIBILITY: The Contractor warrants and represents that it is in compliance with Section 448.095, Florida Statutes, as may be amended. No later than January 1, 2021, the Contractor shall: (1) register with and use the E-Verify System (E-Verify.gov) to electronically verify the employment eligibility of all newly hired workers, and (2) verify that all of the Contractor's subconsultants performing the duties and obligations of this Agreement are registered with and use the E-Verify System to electronically verify the employment eligibility of all newly hired workers. The Contractor shall obtain from each of its sub -consultants an affidavit stating that the sub -consultant does not employ, contract with, or subcontract with an Unauthorized Alien, as that term is defined in Section 448.095(1)(k), Florida Statutes, as may be amended. The Contractor shall maintain a copy of any such affidavit from a sub -consultant for, at a minimum, the duration of the subcontract and any extension thereof. This provision shall not supersede any provision of this Agreement which requires a longer retention period. The Village shall terminate this Agreement if it has a good faith belief that the Contractor has knowingly violated Section 448.09(1), Florida Statutes, as may be amended. If the Contractor has a good faith belief that the Contractor's subconsultant has knowingly violated Section 448.09(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 $1 M, 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 Page 4 of 8 Statutes. The Contractor further certifies that it is not engaged in a boycott of Israel and that it does not have business operations in Cuba or Syria, as similarly provided in Section 287.135, Florida Statutes. The Village may terminate this Agreement at the Village's option if the Contractor is found to have submitted a false certification as provided under Section 287.135(5), Florida Statutes or if the Contractor has been placed on one of the aforementioned lists created pursuant to Section 215.4725, Florida Statutes. Additionally, the Village may terminate this Agreement at the Village's option if the Contractor is engaged in a boycott of Israel or has been engaged in business operations in Cuba or Syria, as defined in Section 287.135, Florida Statutes. 12. ATTORNEY'S FEES: In the event, a dispute arises concerning this Agreement, the prevailing party shall be awarded attorney's fees, including fees on appeal. 13. FORCE MAJEURE: The Contractor shall not be considered in default by reason of any failure in performance under this Agreement if such failure arises out of causes reasonably beyond the control of the Contractor or its subcontractors and without their fault or negligence. Such causes include, but are not limited to: acts of God; acts of war; natural or public health emergencies; labor disputes; freight embargoes; and abnormally severe and unusual weather conditions. 14. CHOICE OF LAW; VENUE: This Agreement shall be governed and construed in accordance with the laws of the State of Florida, and venue shall be in Palm Beach County should any dispute arise with regard to this Agreement. 15. AMENDMENTS & ASSIGNMENTS: This Agreement, all Exhibits attached hereto, and required insurance certificates constitute the entire Agreement between both parties; no modifications shall be made to this Agreement unless in writing, agreed to by both parties, and attached hereto as an addendum to this Agreement. The Contractor shall not transfer or assign the provision of services called for in this Agreement without prior written consent of the Village. 16. PUBLIC RECORDS: In accordance with Section 119.0701, Florida Statutes, the Contractor must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Scope of Services. Upon request from the Village's custodian of public records, the Contractor must provide the Village 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 Page 5 of 8 for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Section 119.0701, Florida Statutes, and other penalties under Section 119.10, Florida Statutes. Further, the Contractor shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in Scope of Services are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the Contractor does not transfer the records to the Village. Finally, upon completion of the Agreement, the Contractor shall transfer, at no cost to the Village, all public records in possession of the Contractor, or keep and maintain public records required by the Village. If the Contractor transfers all public records to the Village upon completion of the Agreement, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Agreement, the Contractor shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the Village, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-06859 OR AT lmmilliams(a tecluesta.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 Page 6 of 8 be deemed to be a waiver of any other provisions hereof or of any subsequent breach by the Contractor of the same, or any other provision or the enforcement hereof. The Village's consent to or approval of any act requiring the Village's consent or approval of any act by the Contractor shall not be deemed to render unnecessary the obtaining of the Village's consent to or approval of any subsequent consent or approval of, whether or not similar to the act so consented or approved. 20. ENTIRE AGREEMENT: This eight -page Agreement, including any Exhibits, constitutes the entire agreement between the parties; no modification shall be made to this Agreement unless such modification is in writing, agreed to by both parties, and attached hereto as an addendum to this Agreement. In the event of a conflict between this and any other document, this document shall prevail. 22. AUTHORITY TO OBLIGATE: Each person signing this agreement on behalf of either Party warrants that he or she has the full legal power to execute this agreement on behalf of the Party for whom he or she is signing and bind and obligate such party with respect to all provisions contained in this agreement. [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. WITNESSES: SHRIEVE CHEMICAL COMPANY, LLC Page 7 of 8 IN 1A I TN F SS NN II ERFOF, the parties hereto necutcol ihi,, '•.L-ccmcnt cn [ric date and scar first above ukr Men W ITN FSS FS. -Al Q1 ".&0 -- L&.L4,- Lt)fli %IL'4- dliaMS, Nl%lC Village ( lurk SIIRIF VF ('I I I-- M I C Al C () '%l P.'k-'\ Y. L.1, ( i Comoralc Sic LA I I VILLAG F OF -1 IF()t EST 4, B% M11011V YOM Rpo S (P. IN,0��AL > PORATED.."' PaL. 8 )f 8 Board of County Commissioners EXHIBIT Ae County Administrator Robert S. Weinroth, Mayor Verdenia C. Baker Gregg K. Weiss, Vice Mayor Dave Kerner Maria G. Marino Maria Sachs Melissa McKinlay Purchasing Department Mack Bernard www.Pbcgov.orU;purchasing BOARD OF COUNTY COMMISSIONERS NOTICE OF SOLICITATION IFB #22-071 R/MB SULFURIC ACID 93% SOLUTION, BULK DELIVERY, PURCHASE OF, TERM CONTRACT (RE -BID) BID SUBMISSION DATE: SEPTEMBER 8, 2022 AT 4:00 P.M. It is the responsibility of the bidder to ensure that all pages are included. Therefore, all bidders are advised to closely examine this package. Any questions regarding the completeness of this package should be immediately directed to Palm Beach County Purchasing Department at (561) 616-6800. BIDDERS SHALL PROVIDE A RESPONSE IN A SEALED PACKAGE OR CONTAINER SIGNED BY AN AGENT OF THE COMPANY HAVING AUTHORITY TO BIND THE COMPANY OR FIRM. FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR BID. Protests can be accepted only during the five (5) business day posting period. C A U T I O N In order to do business with Palm Beach County, vendors are required to create a Vendor Registration Account OR activate an existing Vendor Registration Account through the Purchasing Department's Vendor Self Service (VSS) system, which can be accessed at https://pbcvsso.co.palm- beach.fl.uslwebapplvssp/AltSelfService. IF BIDDER INTENDS TO USE SUBCONTRACTORS, BIDDER MUST ALSO ENSURE THAT ALL SUBCONTRACTORS ARE REGISTERED AS VENDORS IN VSS. ALL SUBCONTRACTOR AGREEMENTS MUST INCLUDE A CONTRACTUAL PROVISION REQUIRING THAT THE SUBCONTRACTOR REGISTER IN VSS. COUNTY WILL NOT FINALIZE A CONTRACT AWARD UNTIL THE COUNTY HAS VERIFIED THAT THE BIDDER AND ALL OF ITS SUBCONTRACTORS ARE REGISTERED IN VSS. As they are issued, all amendments to solicitations will be posted under the applicable solicitation on our VSS system. It is the vendor's sole responsibility to routinely check our VSS system for any amendments that may have been issued prior to the deadline for receipt of bids. Palm Beach County shall not be responsible for the completeness of any Invitation for Bid that was not downloaded from our VSS system or obtained directly from the Purchasing Department. In accordance with the provisions of ADA, this document may be requested in an alternate format. Page 2 BOARD OF COUNTY COMMISSIONERS Palm Beach County INVITATION FOR BID IFB #22-071RIM B IFB TITLE: Sulfuric Acid 93% Solution, Bulk Delivery, Purchase of, Term Contract (Re -Bid) PURCHASING DEPARTMENT CONTACT: Marva Brown, Senior BuyerTELEPHONE NO.: (561) 616-6815 FAX NO.: (561) 242-6715 E-MAIL ADDRESS: mbrown0obcoov.0110 All bid responses must be received on or before September 8.2022, no later than 4:00 p.m., Palm Beach County local time. SUBMIT BID TO Palm Beach County Purchasing Department, 50 South Military Trail, Suite 110, West Palm Beach, Ft_ 33415-3199. This Invitation for Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Attachments, Amendments (if issued), and / or any other referenced document form a part of this bid solicitation and response thereto, and by reference are made a part thereof. The selected awardee shall be bound by all terms, conditions and requirements in these documents. PURPOSE AND EFFECT: It is the purpose and intent of this solicitation to secure bids for item(s) and 1 or services as listed herein. The selected awardee is hereby placed on notice that acceptance of its bid by Palm Beach County shall constitute a binding contract. GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS GENERAL CONDITIONS 1. GENERAL INFORMATION Bidders are advised that this package constitutes the complete set of specifications, terms, and conditions which fors the birxiing contract between Palm Beach County and the successful bidder. Changes to this Invitation for Bid may be made only by written amendment issued by the County Purchasing Department. Bidders are further advised to closely examine every section of this document, to ensure that all sequentially numbered pages are present, and to ensure that It is fully understood Questions or requests for explanations or interpretations of this document must be submitted to the Purchasing Department contact in writing in sufficient time to permit a written response prior to the published bid submission time. Oral explanations or instructions given by any County agent are not binding and should not be interpreted as altering any provision of this document. Bidder certifies that this bid is made without reliance on any oral representations made by the County. The County's performance and obligation to pay under the contract is contingent upon an annual appropriation by the Board of County Commissioners ("Board") for subsequent fiscal years. 2. LEGAL REQUIREMENTS a. COMPLIANCE WITH LAWS AND CODES: Federal, State, Countyand local laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder shall in no way be a cause for relief from responsibility. The successful bidder shall strictly comply with Federal, Stale and local building and safety codes. Equipment shall meet all State and Federal Safety regulations. Bidder certifies that all products (materials, equipment, processes, or other items supplied in response to this bid) contained in its bid meets all ANSI, NFPA, and all other Federal and State requirements Bidder further certifies that, if it is the successful bidder, and the product delivered is subsequently found to be deficient in any of the aforementioned requirements in effect on date of delivery, all costs necessary to bring the product into compliance shall be bome by the bidder. Any toxic substance provided to the County as a result of this solicitation or resultant contract shall be accompanied by its Safely Data Sheet (SDS). The Uniform Commercial Code (Florida Statutes, Chapter 672) shall prevail as the basis for contractual obligations between the successful bidder aid Palm Beach County for any terms and conditions not suer, fir-; I'y s;.3teA in the Invitation for Bid b. COMMERCIAL NON-DISCRIMINATION ftem 1: Bidder's Representations and Agreement The Bidder represents and warrants that it will comply with the County's Commercial Nondiscrimination Policy as described in Resolution 2017- 1770 as amended. As part of such compliance, the Bidder shall not discriminate on the basis of race, color, national origin, religion, ancestry, sex, age, marital status, familial status, sexual orientation, gender identity or expression, disability, or genetic information in the solicitation, selection, hiring or commercial treatment of subcontractors, vendors, suppliers, or commercial customers. nor shall the Bidder retaliate against any person for reporting instances of such discrimination. The Bidder shall provide equal opportunity for subcontractors, subconsultants vendors and suppliers to participate in all of its public sector and private sector subcontracting and supply opportunities, provided that nothing contained in this clause shall prohibit or limit otherwise lawful efforts to remedy the effects of marketplace discrimination that have occurred or are occurring in the County's relevant marketplace in Palm Beach County. The Bidder understands and agrees that a material violation of this clause shall be considered a material breach of contract and may result in termination of the contract, disqualification or debarment of the Bidder from participating in County contracts, or other sanctions. This clause is not enforceable by or for the benefit of. and creates no obligation to, any third party. Item 2: Bidder's Agreement to Apply to Subcontracts The bidder covenants and agrees to include the commercial non- discrimination clause in all subcontractor agreements. c. DISCRIMINATION PROHIBITED: Palm Beach County is committed to assuring equal opportunity in the award of contracts and complies with all laws prohibiting discrimination, Pursuant to Palm Beach County Resolution R-2017-1770, as may be amended, the successful bidder warrants and represents that throughout the term of the contract, including any renewals thereof. all of its employees are treated equally Page 3 d. during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, familial status, sexual orientation, gender identity or expression, or genetic information. Failure to meet this requirement shall be considered a default of contract. INDEPENDENT CONTRACTOR RELATIONSHIP: The successful bidder is, and shall be, in the performance of all work, services, and activities under the Contract, an Independent Contractor and not an employee, agent, or servant of the County. All persons engaged in any of the work or services performed pursuant to the Contract shall at all times, and in all places, be subject to the successful bidder's sole direction, supervision, and control. The successful bidder shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the successful bidder's relationship, and the relationship of its employees, to the County shall be that of an Independent Contractor and not as employees or agents of the County. CRIMINAL HISTORY RECORDS CHECK ORDINANCE: Pursuant to Palm Beach County Code Section 2-371 through 2-377. the Palm Beach County Criminal History Records Check Ordinance ("Ordinance"), the County will conduct fingerprint based criminal history record checks on all persons not employed by the County who repair, deliver, or provide goods or services for, to, or on behalf of the County. A fingerprint based criminal history record check shall be conducted on all employees of vendors, contractors, and subcontractors of contractors, including repair persons and delivery persons, who are unescorted when entering a facility determined to be either a critical facility (`Critical Facilities") or a criminal justice information facility ('CJI Facilities"), which are cdaicat to the public safety and security of the County. County facilities that require this heightened level of security are identified in Resolution R-2003- 1274, as amended. In October 2013, compliance with the requirements of the U. S. Federal Bureau of Investigations CJI Security Policy was added to the Ordinance, which includes a broad list of disqualifying offenses. The bidder is safely responsible for understanding the financial, schedule, and I or staffing implications of this Ordinance. Further, the bidder acknowledges that its bid price Includes any and all direct or indirect costs associated with compliance with this Ordinance, except for the applicable FDLE I FBI fees that shall be paid by the County. PUBLIC ENTITY CRIMES: F.S. 287.133 requires Palm Beach County to notify all bidders of the following: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in F.S. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list' g. NON -COLLUSION: Bidder certifies Ihat it has entered into no agreement to commit a fraudulent, deceitful, unlawful, or wrongful act, or any act which may result in unfair advantage for one or more bidders over other bidders. Conviction for the Commission of any fraud or act of collusion in connection with any sale, bid, quotation, proposal or other act Incident to doing business with Palm Beach County may result In permanent debarment_ No premiums, rebates or gratuities are permitted; either with, prior to or after any delivery of material or provision of services, Any such violation may result In award cancellation, return of materials, discontinuation of services, and removal from the vendor bid list(s), and I or debarment or suspension from doing business with Palm Beach County. h. LOBBYING: Bidders are advised that the "Palm Beach County Lobbyist Registration Ordinance" prohibits a bidder or anyone representing the bidder from communicating with any County Commissioner, County Commissioner's staff, or any employee authorized to act on behalf of the Commission to award a particular contract regarding its bid, i.e., a "Cone of Silence'. The 'Cone of Silence' is in effect from the date I time of the deadline for submission of the bid, and terminates at the time that the Board or a County Department authorized to act on their behalf, awards or approves a contract, rejects all bids, or otherwise takes action which ends the solicitation process. Bidders may, however, contact any County Commissioner. County Commissioner's staff, or any employee authorized to act on behalf of the Commission to award a particular contract, via written communication, i.e., facsimile, e-mail or U.S. mail. Violations of the "Cone of Silence" are punishable by a fine of $250.00 per violation. i. CONFLICT OF INTEREST: All bidders shall disclose with their bid the name of any officer, director, or agent who is also an employee or a relative of an employee of Palm Beach County. Further, all bidders shall disclose the name of any County employee or relative of a County employee who owns, directly or indirectly, an interest of ten percent or more in the bidders firm or any of its branches. J. SUCCESSORS AND ASSIGNS: The County and the successful bidder each binds itself and its successors and assigns to the other party in respect to all provisions of the Contract Neither the County nor the successful bidder shall assign, sublet, convey or transfer its interest in the Contract without the prior written consent of the other. k. INDEMNIFICATION: Regardless of the coverage provided by any insurance, the successful bidder shall indemnity, save harmless and defend the County, its agents, servants, or employees from and against any and all claims, liability, losses and I or causes of action which may arise from any negligent act or omission of the successful bidder, its subcontractors, agents, servants or employees during the course of performing services or caused by the goods provided pursuant to these bid documents and I or resultant contract. 1. PUBLIC RECORDS, ACCESS AND AUDITS: The bidder agrees that copies of any and all property, work product, documentation, reports, computer systems and software, schedules, graphs, outlines, books, manuals, logs, files, deliverables, photographs, videos, tape recordings or data relating to the Contract which have been created as a part of the bidders services or authorized by the County as a reimbursable expense, whether generated directly by the bidder, or by cw in Conjunction or consultation with any other party whether or not a party to the Contract, whether or not in privity of contract with the County or the bidder, and wherever located shall be the property of the County. Any material submitted in response to this solicitation is considered a public document in accordance with Section 119.07, F.S. This includes material which the responding bidder might consider to be confidential. All submitted information that the responding bidder believes to be confidential and exempt from disclosure (i.e., a trade secret or as provided for in Section 119.07 and Section 812.081, F.S.) must be specifically identified as such. Upon receipt of a public records request for such information, a determination will be made as to whether the identified information is, in fact, confidential The County shall have the right to request and review bidder's books and records to verify bidder's compliance with the Contract, adherence to the Equal Business Opportunity ("EBO') Program and its bid. The County shall have the right to interview subcontractors, and workers at the work site to determine Contract compliance. The bidder shall maintain records related to all charges, expenses, and costs incurred in estimating and performing the work for at least five (5) years after completion or termination of the Contract. Bidder shall retain all books and records pertaining to the contract, including, but not limited to, subcontractor payment records, for five (5) years after project completion date. The County and the Palm Beach County Inspector General shall have access to such records as required in this Section for the purpose of inspection or audit during normal business hours, In Palm Beach County at any reasonable time during the five (5) years. . Notwithstanding anything contained herein, as provided under Section 119.0701, F.S., if the Bidder. (1) provides a service; and (0) acts on behalf of the County as provided under Section 119.011(2), F.S., the Bidder shall comply with the requirements of Section 119.0701, Florida Statutes, as it may be amended from time to time. The Bidder is specifically required to: I. Keep and maintain public records required by the County to perform services provided under the Contract. 2. Upon request from the County's Custodian of Public Records ("County's Custodian") or County's representative)liaison, on behalf of the County's Custodian, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost Page 4 provided in Chapter 119 or as otherwise provided by law. The Bidder further agrees that all fees, charges and expenses shall be determined in accordance with Palm Beach County PPM CW-F- 002, Fees Associated with Public Records Requests, as it may be amended or replaced from time to time. 3. Ensure that public records that are exempt, or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the Contract, if the Bidder does not transfer the records to the public agency. Nothing contained herein shall prevent the disclosure of or the provision of records to the County. 4, Upon completion of the Contract, the Bidder shall transfer, at no cost to the County, all public records in possession of the Bidder unless notified by County's representafivOliaison, on behalf of the County's Custodian, to keep and maintain public records required by the County to perform the service. If the Bidder transfers all public records to the County upon completion of the Contract, the Bidder shall destroy any duplicate public records that are exempt, or confidential and exempt from public records disclosure requirements. If the Bidder keeps and maintains public records upon completion of the Contract, the Bidder shall meet all applicable requirements for retaining public records. All records stored electronically by the Bidder must be provided to the County, upon request of the County's Custodian or the County's representativelliaison, on behalf of the County's Custodian, in a format that is oompatlble with the information technology systems of County, at no cost to County. Bidder acknowledges that n has familiarized itself with the requirements of Chapter 119, F. S., and other requirements of state law applicable to public records not specifically set forth herein. Failure of the Bidder to comply with the requirements of this Section, Chapter 119, F. S. and other applicable requirements of state law, shall be a material breach of the Contract, County shall have the right to exercise any and all remedies available to it for breach of contract, including but not limited to, the right to terminate for cause. IF THE BIDDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE BIDDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, PLEASE CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: RECORDS REQUEST, PALM BEACH COUNTY PUBLIC AFFAIRS DEPARTMENT, 301 N. OLIVE AVENUE, WEST PALM BEACH, FL 33401, BY E-MAIL AT RECORDSREQUEST(aD-PBCGOV.O RG OR BY TELEPHONE AT 561- nr. INCORPORATION, PRECEDENCE, JURISDICTION. GOVERNING LAW: This Invitation for Bid shall be included and incorporated in the final award. The order of contractual precedence shall be the bid document (original terms and conditions), bid response, and purchase order or term contract order. Any and all legal action necessary to enforce the award or the resultant contract shall be governed by the laws of the State of Florida. Any legal action necessary to enforce the award or the resultant contract will be held in a court of competent jurisdiction located in Palm Beach County, Florida. n. LEGAL EXPENSES: The County shall not be Gable to a bidder for any legal fees, court costs, or other legal expenses arising from the interpretation or enforcement of the contract, or from any other matter generated by or relating to the contract, o. NO THIRD PARTY BENEFiCUIRIES: No provision of the Contract is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to the Contract, including but not limited to any citizen or employees of the County and / or successful bidder. p. SCRUTINIZED COMPANIES 1. SCRUTINIZED COMPANIES: As provided in F.S. 287.135, by entering into a Contract or performing any work in furtherance hereof, the Bidder certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, pursuant to F.S. 215.4725. Pursuant to F.S. 287.135(3)(b), if Bidder is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel, the resulting Contract from this Invitation for Bid may be terminated at the option of the County. 2. SCRUTINIZED COMPANIES (WHEN CONTRACT VALUE IS GREATER THAN $1 MILLION). As provided in F.S. 287,135, by entering into a Contract or performing any work in furtherance hereof, the Bidder certifies that Ii, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the Scrutinized Companies With Activities in Sudan List or Scrutinized Companies With Activities in The Iran Petroleum Energy Sector List created pursuant to F.S, 215,473, or is engaged in business operations in Cuba or Syria. If the County determines, using credible information available to the public, that a false certification has been submitted by Bidder, the resulting Contract from this Invitation for Bid may be terminated and a civil penalty equal to the greater of $2 million or twice the amount of the Contract shall be imposed, pursuant to F.S. 287.135. Said certification must also be submitted at the time of Contract renewal. 3. BID SUBMISSION a. SUBMISSION OF RESPONSES. All bid responses must be submitted on the provided Invitation for Bid "Response" Form. Bid responses on vendor letterhead 1 quotation forms shall not be accepted_ Responses must be typewritten, written in ink or a photocopy and must be signed by an agent of the company having authority to bind the company or firm. FAILURE TO SIGN THE BID RESPONSE FORM AT THE INDICATED PLACES SHALL BE CAUSE FOR REJECTION OF THE BID. Bid responses are to be submitted to the Palm Beach County Purchasing Department no later than the time indicated on the solicitation preamble, and must be submitted in a sealed envelope or container bearing the bid number for proper handling b. CERTIFICATIONS. LICENSES AND PERMITS: Unless otherwise directed in sub -paragraph d. (Local Preference) or the Special Conditions of this bid, bidder should include with its bid a copy of all applicable Certificates of Competency issued by the State of Florida or the Palm Beach County Construction Industry Licensing Board in the name of the bidder shown on the response page. It shall also be the responsibility of the successful bidder to maintain a current Local Business Ta.x Receipt (Occupational License) for Palm Beach County and all permits required to complete the contractual service at no additional cost to Palm Beach County. A Palm Beach County Local Business Tax Receipt (Occupational License) is required unless specifically exempted bylaw In lieu of a Palm Beach County Local Business Tax Receipt (Occupational License), the bidder should include the current Local Business Tax Receipt (Occupational License) issued to the bidder in the response. It is the responsibility of the successful bidder to ensure that all required certifications, licenses and permits are maintained in force and current throughout the term of the contract. Failure to meet this requirement shall be considered default of contract. Page 5 C. SIM.WBE -EBO REQUIREMENTS Please note that all forms related to the EBO Program. including waiver forms and good faith effort documentation can be found at: httpm hdiscover pbcgov ory'oeboiPageslDocuments.aspx Item 1 - Policy It is the poicy of the Board that all segments of its business population. including, but not limited to, small, local, minority and women owned businesses, have an equitable opportunity to participate in the County's procurement process, prime contract and subcontract opportunities. To that end, the Board adopted an Equal Business Opportunity Ordinance which is codified in Sections 2-80.20 through 2-80.30 (as may be amended) of the Palm Beach County Code. (EBO Ordinance) which sets forth the County's requirements for the EBO Program, and which is incorporated in this solicitation. The provisions of the EBO Ordinance are applicable to this solicitation, and shall have precedence over the provisions of this solicitation in the event of a conflict Item 2 - Waiver of Affirmative Procurement Initiatives (APlsl Requirements In accordance with the EBO Ordinance, the Affirmative Procurement Initiatives (APIs) have been waived for this solicitation. However, if any Bidder intends to utilize any subcontractorsisubconsultarks as part of their response to this solicitation, the applicable OEBO Schedules must be submitted with their response for compliance tracking purposes Item 3 - Bid Submission Documentation SU-WBE bidders. bidding as prime contractors or consultants, are advised that they must complete Schedule 1 and Schedule 2, listing the work to be performed by their own workforce, as well as the work to be performed by all subcontractor or subconsultant, including SIMNVBE subcontractors and subconsultants. Failure to include this information on Schedule 1 will result in the participation by the SIM/WBE prime bidders own workforce NOT being counted towards meeting the-SAAWBE goal, This requirement applies even if the SrMMVBE bidder intends to perform 100% of the work with their own workforce S/MMIBE subcontrackwisubconsultant documentation. If applicable, shall be submitted as follows: Schedule 1 - List of Proposed Subcontractors / Subconsultants A completed Schedule 1 submitted by the prime shall list the names of all subcontractorslsubconsultants intended to be used in performance of the contract, if awarded. The total proposed percentage of S/M MBE participation shall also be included on this form This schedule shall also be used if an SWNVBE Prime Cnmtractodconsultant is performing all or any portion of the contract with their work force. Schedule 2 - Letter of Intent A completed Schedule 2 is a binding document between the Prime Contractorlconsultant and a subcontractorlsubconsultant (or any tier) and should be treated as such. The Schedule 2 shall contain bolded language indicating that by signing the Schedule 2, both parties recognize this Schedule as a binding document. Each Schedule 2 shall be property executed by the Prime Contractorlconsultant and by the proposed subcontractorlsubconsultant. If the Prime Contractorloonsultant is an SIMMSE, a Schedule 2 shall be submitted to document work to be performed by its workforce. All SIMNVBE(s) shall specify, in detail, the type of work they will perform along with the dollar amount they will be compensated andlor percentage of work they will perform. If any subcontractor/subconsuttant intends to subcontract any portion of their work, they are required to list the dollar amount and the name of the subcontractor/subconsultant on this forth. All named suboontractorslsubconsuftants on this form must also complete and submit a separate Schedule 2 The Prime may count toward its SIMNVBE goal second and third tiered certified SiMAVBE(s); provided that the Prime Contractoriconsultant submits a completed Schedule 2 form for each SIMAIVBE_ A detailed quote or proposal may be attached with a signed Schedule 2. Failure to submit a properly executed Schedule 1 and Schedule 2 will result in no SNMBE consideration given, In the event of a conflict between Schedules 1 and 2 when calculating SIMPNBE participation, the information provided on Schedule 2 shall have precedence, In the event of mathematical error(s). the unit price, if available, shall prevail and the vendors total offer shall be corrected accordingly If the County's issuance of an alternate or change order on a project results in changes in the scope of work to be performed by a subcontractorlsubconsuftant listed at the time of bid submission, the Prime must submit a, completed and properly executed Schedule 2 that specifies the revised scope of work to be performed by the subcontractorlsubconsultant, along with the price and for percentage. Item 4 - SIMNVBE Certification Only those firms certified by Palm Beach County at the time of bid submission shall be counted toward the established SIM.WBE goats. Upon receipt of a completed application, IT TAKES UP TO NINETY (90) BUSINESS DAYS TO BECOME CERTIFIED AS AN SIMIWBE WITH PALM BEACH COUNTY. It is the responsibility of the bidder to confirm the certification of any proposed SIMIWBE; therefore, it is recommended that bidders visit the online Vendor Directory at vnr,v.pbatov.orcyoebo to verify SRA WBE certification status. Firms must continue to recertify during the life of the contract as the County may only count toward the established goal, w"c performed by an SA4/WBE during the time their certification dates are valid. Item 5 - Responsibilities After Contract Award Schedule 3 - Subcontractor Activity Form T^ Dr me Contractor shalt submit a completed Activity Reportform (Scredule 3) with each invoice, or payment application when any subcontractorisubconsultant has provided services during the period in which the Prime is requesting payment. This form shall contain the names of all subcontractorslsubconsuRants, and specify the contracted dollar amount, approved change orders; revised contract amount: amount drawn this period; amount drain to date; and payments to date issued to all subcontractors with their starting date. Schedule 4 - Payment Certification Form A fully executed Schedule 4 shall be submitted for each subcontractorlsubconsultant after receipt of payment from the Prime Contractorlconsultant. The Prime Contractorlconsultant shall submit this form with each payment application or invoice submitted to the County when the County has paid the Prime Contractor/consultant on the previous payment application for services provided by a subcontractortsubconsultant. If any subcontractodsubconsultant intends to disburse funds associated with this payment to another subcontractor/subconsultant for labor provided on the contract, the amount and name of the subcontracw'subconsuitant shall be listed on this form. All named subcontractonslsubconsuttants on this form must also complete and submit a separate Schedule 4 after receipt of payment_ If the Prime Contractorlconsultant is a certified S1MNVBE, a Schedule 4 shall be submitted to reflect the amount of payment retained by the Prime Contractor/consultant for services performed by its own workforce. All bidders hereby agree and assure that they will meet the S;M,WBE participation percentages submitted in their respecirve bids with the subcontractorslsubconsultants contained on Schedules 1 and 2 and at the dollar values specified. Respondents or b dders agree to provide any additional information requested by the County to substantiate participation, Upon letter notification by the County that the EBO payment portal/tracking system is available for use, the Bidder is required to input all subcontractoresubconsultant payment information directly into the EBO payment portal prior to submitting a payment application. Page 6 item 6 — SIMNVBE Substitutions After contract award, the Prime Contractwfconsultant will only be permitted to substitute a certified SJMNVBE that is unwilling or unable to perform. The Prime Contractoriconsultant will only be permitted to modify the scope of work or price of an VWWBE listed at bid opening or dateltime for submission of the response to the solicitation as a result of the County's issuance of an amendment, alternate or change orders on a project. Substitutions shall be done with like certified S/MNVBEs in order to maintain the participation percentages submitted with the bid or proposal. All requests for modifications or substitutions shall be submitted to the County and the Office of EBO on the EDO Request for S1M,NVBE Substitution Modification Removal Form for review. Upon receiving an approval for substitution, the Prime Contractoriconsuttant shall submit a completed and signed Schedule 2 for the new S1MIWBE; the new SlMNVBE shall specify the type of work to be performed, and the dollar amount and?or percentage shall also be specified upon receiving approval for modification or substitution. The Prime Contractor/consultant shall submit a new properly executed Schedule 2 that specifies the revised scope of work to be performed by the S,'MNVBE, along with the revised dollar amount andfor percentage. A detailed quote or proposal may be attached with a properly executed Schedule 2, Mm 7 — EBO Program Compliance - Penalties Under the EBO Ordinance, the OEBO is required to implement and monitor SIWWBE utilization during the tern of any contract resulting from this solicitation. It is the Counter's policy that SNANBEs shall have the maximum feasible opportunity to participate in the performance of County contracts. All Bidders are required to comply with the EBO Ordinance and shall be expected to comply with the API(s) applicable to this solicitation, as well as the SIMNVBE utilization proposed by a Bidder in its Bid, which utilization plan forms a part of any resulting Contract_ The Director of the OEBO or designee may require such reports, information, and documentation from the BidderNendor as are reasonably necessary to determine compliance with the EDO Ordinance requirements. Vendor shall correct all noncompliance issues within fifteen (15) calendar days of a written notice of noncompliance by the department procuring the goods or services or the OEBO. If the Bidder does not resolve the non-compliance within fifteen (15) days of receipt of written notice of non- compliance„ then upon recommendation of sanctions by the Director of EBO or designee in consultation with the County regarding the failure of a contractor, vendor, respondent or bidder or other business representative to comply with any portion of the EBO Ordinance, the Director of the EBO or designee (for purposes of imposing penalties, the Purchasing Director shall serve as the EBO designee) may impose any or all of the following penalties on the non -complying party any or all of the following penaltles� a. Suspension of contract; b. Withholding of funds; c, Termination of contract based upon a material breach of contract pertaining to EBO Program compliance; d. Suspension or Debarment of a respondent or bidder, contractor or other business entity from eligibility for providing goods or services to the County for a period not to exceed three (3) years; and e. Liquidated damages equal to the difference In dollar value of SIMMEE participation as committed to in the contract, and the dollar value of 5/PviNVBE participation as actually achieved, 0 applicable. d. LOCAL PREFERENCE ORDINANCE: In accordance with the Palm Beach County Local Preference Ordinance, a preference may be given to (1) bidders having a permanent place of business in Palm Beach County or (2) bidders having a permanent place of business in the Glades that are able to provide the goods or services within the Glades. 1. Glades Local Preference: Pursuant to the Palm Beach County Local Preference Ordinance, a 5% Glades Local Preference is given when a Glades business offers to provide the goods or services that will be procured for use in the Glades. If the lowest responsive, responsible bidder is 2 non - Glades business, all bids received from responsive, responsible Glades businesses will be decreased by 5%. The original bid amount is not changed. The 5% decrease given for the Glades Local Preference is calcullated only for the purpose of determining local preference. 2. Local Preference: Pursuant to the Palm Beach County Local Preference Ordinance, a 5% Local Preference is given to bidders having a permanent place of business in Palm Beach County. If the lowest responsive, responsible bidder is a non - local business; all bids received from responsive, responsible local businesses well be decreased by 5%. The original bid amount is not changed. The 5% decrease given for the Local Preference is calculated only for the purpose of determining local preference. 3. To receive a Glades Local Preference or a Local Preference (collectively referred to as 'local preference"), a bidder must have a permanent place of business in existence prior to the County's issuance of this Notice of Solicitation) Invitatiion for Bid. A permanent plane of business means that the bidders headquarters is located in Palm Beach County or in the Glades, as applicable; or. the bidder has a permanent office or other site in Palm Beach County or in the Glades, as applicable, where the bidder will produce a substantial portion of the goods or services to be purchased. 4. A valid Business Tax Receipt issued by the Palm Beach County Tax Collector is required, unless the bidder is exempt from the business tax receipt requirement by law, and will be used to verify that the bidder had a permanent place of business prior to the issuance of this Notice of Solicitation I Invitation for Bid. In addition, the attached "Certification of Business Location' and Business Tax Receipt must accompany the bid at the time of bid submission, The Palm Beach County Business Tax Receipt and this Certification are the sole determinant of local preference eligibility. Errors in the completion of this Certification or failure to summit this completed Certification will cause the bidder 1 proposer to not receive a local preference. e. DRUG FREE WORKPLACE CERTIFICATION: In compliance with Florida Statute (Section 287.087) attached form "Drug -Free Workplace Certification' should be fully executed and submitted with bid response in order to be considered for a preference whenever two (2) or more bids which are equal with respect to price. quality, and service are received by Palm Beach County. f. CONDITIONED OFFERS: Bidders are cautioned that any condition, qualification, provision, or comment in their bid, or in other correspondence transmitted with their bid, which in any way modifies, takes exception to, or Is inconsistent with the specifications, requirements, or any of the terms, conditions, or provisions of this solicitation, is sufficient cause for the rejection of their bid as non -responsive. g. PRICING- 1. Prices offered must be the price for new merchandise and free from defect. Unless specifically requested in the bid specifications, any bids containing modifying or escalation clauses shall be rejected. 2. The price offered must be in accordance with the unit of measure provided on the response page(s). One (1) space or line requires only one (1) single, fixed unit price. Anything other•Ihan a single, fixed unit price shall result in the rejection of your bid. 3: All unit prices bid should be within two (2) decimal points. If bidder's pricing exceeds two (2) decimal points, Purchasing reserves the right to round up or down accordingly. 4. Bidder warrants by virtue of bidding that prices shall remain firm for a period of ninety (90) days from the date of bid submission to aliow for evaluation and award, 5. Bidder warrants by virtue of bidding that prices shall remain firm for the initial and any subsequent term. 6. In the event of mathematical eror(s), the unit price shall prevail and the bidder's total offer shall be corrected accordingly. BIDS HAVING ERASURES OR CORRECTIONS MUST BE INITIALED BY THE BIDDER PRIOR TO BID SUBMISSION; HOWEVER, IF THE CORRECTION IS NOT PROPERLY INITIALED, BUT THE INTENT OR LEGIBILITY OF THE CORRECTION IS CLEAR, THE BID SHALL NOT BE REJECTED. Page 7 Bidders may offer a cash discount for prompt payment. However, such discounts shall not be considered in determining the lowest net cost for bid evaluation purposes unless otherwise specified in the special conditions- Bidders should reflect any discounts to be considered in the unit prices bid. SUBMITTING NO BID or NO CHARGE: Bidders not wishing to bid on some items sought by this solicitation should mark those items as "no bid". If some Items are to be offered at no charge, bidders should mark those items as 'no charge'. Items left blank shall be considered a "no bid" for that item, and the bid shall be evaluated accordingly ACCEPTANCE I REJECTION OF BIDS: Palm Beach County reserves the right to accept or to reject any or all bids. Palm Beach County also reserves the right to (t) waive any non -substantive irregularities and technicalities; (2) reject the bid of any bidder who has previously failed in the proper performance of a contract of a similar nature, who has been suspended or debarred by another governmental entity, or who is not in a position to perform properly under this award; and (3) inspect all facilities of bidders in order to make a determination as to its ability to perform. Palm Beach County reserves the right to reject any offer or bid if the prices for any line items or subline items are materially unbalanced. An offer is materially unbalanced if it Is mathematically unbalanced, and If there is reason to believe that the offer would not result in the lowest overall cost to the County, even though it is the lowest evaluated offer. An offer is mathematically unbalanced if it is based on prices which are significantly less than fair market price for some bid line item jol significantly greater than fair market price for other bid line items. Fair market price shall be determined based on industry standards, comparable bids or offers, existing contracts, or other means of establishing a range of current prices for which the line items may be obtained in the market place. The determination of whether a particular offer or bid is materially unbalanced shall be made in writing by the Purchasing Director, citing the basis for the determination. j. NON-EXCLUSIVE: The County reserves the right to acquire some or all of these goods and services through a State of Florida contract under the provisions of Section 287.042, Florida Statutes, provided the State of Florida contract offers a lower price for the same goods and services. This reservation applies both to the initial award of this solicitation and to acquisition after a term contract may be awarded. Additionally. Palm Beach County reserves the right to award other contracts for goods and services falling within the scope of this solicitation and resultant contract when the specifications differ from this solicitation or resultant contract, or for goods and services specified in this solicitation when the scope substantially differs from this solicitation or resultant contract k. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Palm Beach County encourages and agrees to the successful bidder extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful bidder. PERFORMANCE DURING EMERGENCY: By submitting a bid, bidder agrees and promises that, immediately preceding, during and after a public emergency, disaster, hurricane, Rood, or act of God, Palm Beach County shall be given "first priority" for all goods and services under the contract. Bidder agrees to provide all goods and services to Palm Beach County immediately preceding, during and after a public emergency, disaster, hurricane, flood, or act of God, at the terms, conditions, and prices as provided in this solicitation on a "first priority" basis. Bidder shall furnish a 24-hour phone number to the County. Failure to provide the goods or services to the County on a first priority basis immediately preceding, during and after a public emergency, disaster, hurricane, flood, or act of God, shall constitute breach of contract and subject the bidder to sanctions from doing further business with the County, m. SALES PROMOTIONS i PRICE REDUCTIONS/ MOST FAVORED CUSTOMER: Should sales promotions occur during the tens of the contract that lower the price of the procured item, the successful bidder shall extend to the County the lower price offered by the manufacturer on any such promotional item, Further, any price decfeases effectuated during the contract period by reason of market change or otherwise, shall be passed on to Palm Beach County. Additionally, any time after award, the successful bidder may offer a reduced price which shall remain in effect for the duration of the contract. The successful bidder warrants that the price(s) shall not exceed the successful bidders price(s) extended to its most favored customer for the same or similar goods or services in similar quantities, or the current market price, whichever is lower. In the event the successful bidder offers more favorable priming to one of Its customer(s), the successful bidder shall extend to the County the same pricing or the then current market price, whichever is lower. BIDDER'S COMMERCIAL NON-DISCRIMINATION CERTIFICATION: In accordance with Palm Beach County Code Section 2-80.24, the undersigned bidder hereby certifies and agrees that the following information is correct: In preparing its response to this solicitation, the Bidder has considered all proposals submitted from qualified, potential subcontractors and suppliers, and has not engaged in "discrimination" as defined in the County's Commercial Nondiscrimination Policy as set forth in Resolution 2017-1770 as amended, to wit: discrimination in the solicitation, selection or commercial treatment of any Subcontractor, vendor, supplier or commercial customer on the basis of race, color, national origin, religion, ancestry, sex, age, marital status, familial status, sexual orientation, gender identity or expression, disability, or genetic information, or on the basis of any otherwise unlawful use of characteristics regarding the vendor's, supplier's or commercial customer's employees or owners; provided that nothing in this policy shall be construed to prohibit or limit otherwise lawful efforts to remedy the effects of discrimination that have occurred or are occurring in the County's relevant marketplace of Palm Beach County. Without limiting the foregoing, "discrimination" also includes retaliating against any person or other entity for reporting any incident of 'discrimination," Without limiting any other provision of the solicitation, it is understood and agreed that, if this certification is false, such false certification will constitute grounds for the County to reject the bid submitted by the bidder for this Solicitation, and to terminate any contract awarded based on the response. At the time of bid submission, the bidder shall provide to the County a list of all instances within the immediate past four (4) years where there has been a final adjudicated determination in a legal or administrative proceeding in the State of Florida that the bidder discriminated against its subcontractors, vendors, suppliers or commercial customers, and a description of the status or resolution of that complaint, including any remedial action taken. Bidder shall indicate its agreement to the foregoing by signing the Response page. Bidder's failure to meet these requirements shall render its bid response non -responsive. 4, BID SUBMISSION TiME I AWARD OF BID OBSERVING THE PUBLISHED BID SUBMISSION TIME: The published bid submission time shall be scrupulously observed. It is the sole responsibility of the bidder to ensure that their bid arrives in the Purchasing Department prior to the published bid submission time, Any bid delivered after the precise published time of bid submission shall not be considered. Bid responses by telephone, electronics, or facsimile shall not be accepted. Bidders shall not be allowed to modify their bids after the published bid submission time. b. POSTING OF AWARD RECOMMENDATION: Recommended awards shall be publicly posted for review, at the Purchasing Department and on the Purchasing Department website at vmrw.Pbcoov.orWpurchasina prior to final approval, and shall remain posted for a period of five (5) business days. The official posting on the Purchasing Department website shall prevail if a discrepancy exists between the referenced listings. Page 8 PROTEST PROCEDURE: Protest procedures are provided in the Palm Beach County Purchasing Code. Protests must be submitted in writing. addressed to the Director of Purchasing, via hand delivery, mail or fax to (561) 242-6705, Protest must identify the solicitation, specify the basis for the protest, and be received by the Purchasing Department within five (5) business days of the posting date of the recommended award. The protest is considered filed when it is received by the Purchasing Department. Failure to file a protest as outlined in the Palm Beach County Purchasing Code shall constitute a waiver of proceedings under the referenced County Code. S. CONTRACT ADMINISTRATION DELIVERY AND ACCEPTANCE: Deliveries of all items shall be made as soon as possible. Deliveries resulting from this bid are to be made during the normal working hours of the County. Time is of the essence and delivery dates must be met. Should the successful bidder fail to deliver on or before the stated dates, the County reserves the right to CANCEL the order or contract and make the purchase elsewhere. The successful bidder shall be responsible for making any and all claims against carriers for missing or damaged Items. Delivered items shall not be considered 'accepted" until an authorized agent for Palm Beach County has, by inspection or test of such items, determined that they appear to fully comply with specifications. The Board may return, at the expense of the successful bidder and for full credit any item(s) received which fail to meet the County's specifications or performance standards. FEDERAL AND STATE TAX: Palm Beach County is exempt from Federal and State taxes. The authorized agent for Purchasing shall provide an exemption certificate to the successful bidder, upon request Successful bidders are not exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the County, nor are successful bidders authorized to use the County's Tax Exemption Number in securing such materials. Any sales tax paid by successful bidders to their suppliers for materials to fulfill contractual obligations with the County are not reimbursable by the County to the successful bidder. PAYMENT: In order for Palm Beach County to make payment, the Vendor's Legal Name; Vendor's Address; and Vendor's TINIFEiN Number on the successful bidder's bid; must be exactly the same as it appears on the invoice and in Palm Beach County's VSS system which can be accessed at httVS,llnbsvasv,co.Palma beactLfl_uslwebap nbmspfAltSetfService _ Successful bidders shall send ALL ORIGINAL invoices to the following address and may send copies of invoices to the Palm Beach County Department requesting the goods! services. Invoices submitted on carbon paper shall not be accepted, PALM BEACH COUNTY FINANCE DEPT. P.O.13OX 4036 WEST PALM BEACH, FL 33402-4036 Payment shall be made by the County after goods I services have been received, accepted and property invoiced as indicated in the contract and 1 or order, Invoices must bear the order number, The Florida Prompt Payment Act is applicable to this solicitation. Interest penalties will only be paid in accordance with the Florida Prompt Payment Act, Florida Statute 218.70_ Note: Palm Beach County Vendors can now be paid by Credit Card via the County's voluntary Payment Manager Program. For vendors who don't have a merchant account, one is needed to utilize the Program_ For vendors with a merchant account, you will need to enroll with the Palm Beach County Clerk & Comptroller's Office. For information, contact the Palm Beach County Clerk & Comptroller at obcpaymentrnon.5mvpalmbeachelerk.cam. CHANGES: The Director of Purchasing, Palm Beach County, by written notification to the successful bidder may make minor changes to the contract terms_ Minor changes are defined as modifications which do not significantly alter the scope, nature, or price of the specified goods or services. Typical minor changes Include, but are not limited to, place of delivery, method of shipment, minor revisions to customized work specifications. and administration of the contract. The successful bidder shall not amend any provision of the contract without written notification to the Director of Purchasing, and written acceptance from the Director of Purchasing or the Board. DEFAULT; The County may, by written notice of default to the successful bidder, terminale the contract In whole or in part if the successful bidder falls to satisfactorily perform any provisions of this solicitation or resultant contract, or faits to make progress so as to endanger performance under the terms and conditions of this solicitation or resultant contract, or provides repeated non- performance, or does not remedy such failure within a period of 10 days (or such period as the Director of Purchasing may authorize in writing) after receipt of notice from the Director of Purchasing specifying such failure, In the event the County terminates the contract in whole or in pan because of default of the successful bidder, the County may procure goods and ! or services similar to those terminated, and the successful bidder shall be liable for any excess costs incurred due to this action. If It is determined that the successful bidder was not in default or that the default was excusable (e_g., failure due to causes beyond the control of, or without the fault or negligence of, the successful bidder), the rights and obligations of the parties shall be those provided in Section 5f, `Termination for Convenience"_ TERMINATION FOR CONVENIENCE: The Director of Purchasing may, whenever the interests of the County so require, terminate the contract, in whole or in part, for the convenience of the County. The Director of Purchasing shall give five (5) days prior written notice of termination to the successful bidder, specifying the portions of the contract to be terminated and when the termination is to become effective. If only portions of the contract are terminated, the successful bidder has the right to withdraw, without adverse action, from the entire contract - Unless directed differently in the notice of termination, the successful bidder shall incur no further obligations In connection with the terminated work, and shall stop work to the extent specified and on the date given in the notice of termination. Additionally, unless directed differently, the successful bidder shall terminate outstanding orders and 1 or subcontracts related to the terminated work_ REMEDIES: No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder now or hereafter existing at law, or in equity, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL AUDIT REQUIREMENTS: Pursuant to Palm Beach County Code, Section 2.421 — 2-440, as amended, Palm Beach County's Office of Inspector General is authorized to review past, present and proposed County contracts, transactions, accounts, and records. The Inspector General's authority includes, but is not limited to, the power to audit, investigate, monitor, and inspect the activities of entities contracting with the County, or anyone acting on their behalf, in order to ensure compliance with contract requirements and to detect corruption and fraud. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be a violation of Palm Beach County Code, Section 2-421 — 2-440, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor, 7. BUSINESS INFORMATION: If bidder is a Joint Venture for the goods services described herein, bidder shall, upon request of Palm Beach County, provide a copy of the Joint Venture Agreement signed by all parties. Page 9 E-VERIFY — EMPLOYMENT ELIGIBILITY: Bidder warrants and represents that it is in compliance with section 448.095, Florida Statutes, as may be amended, and that it: (1) is registered with the E-Verify System (E-Verify,gov), and uses the E-Verify System to electronically verify the employment eligibility of all newly hired workers; and (2) has verified that all of bidders subconsultants perfonning the duties and obligations of the contract are registered with the E-Verify System, and use the E-Verify System to electronically verify the employment eligibility of all newly hired workers. Bidder shall obtain from each of its subconsuftants an affidavit stating that the subconsultant does not employ, contract with, or subcontract with an Unauthorized Alien, as that term is defined in section 448A95(1)(k), Florida Statutes, as may be amended. Bidder shall maintain a copy of any such affidavit from a subconsultant for, at a minimum, the duration of the subcontract and any extension thereof. This provision shall not supersede any provision of the contract which requires a longer retention period. County shall terminate the contract if it has a good faith belief that bidder has knowingly violated Section 448.09(1), Florida Statutes, as may be amended. If County has a good faith belief that bidders subconsultant has knowingly violated section 448.09(1), Florida Statutes, as may be amended, County shall notify bidder to terminate its contract with the subconsultant and bidder shall immediately terminate its contract with the subconsultant. If County terminates the contract pursuant to the above, bidder shall be barred from being awarded a future contract by County for a period of one (1) year from the date on which the contract was terminated. In the event of such contract termination, bidder shall also be liable for any additional costs incurred by County as a result of the termination. THIS IS THE END OF "GENERAL CONDITIONS" Page 10 SPECIAL CONDITIONS IFB #22-071RIM B SULFURIC ACID 93% SOLUTION, BULK DELIVERY. PURCHASE OF, TERM CONTRACT (RE -BID) 9. GENERAL 1 SPECIAL CONDITION PRECEDENCE In the event of conflict between General Conditions and Special Conditions, the provisions of the Special Conditions shall have precedence. 10. QUALIFICATION OF BIDDERS This bid shall be awarded only to a responsive and responsible bidder, qualified to provide the goods and;or service specified. The bidder shall, upon request. promptly furnish the County sufficient evidence in order to confirm a satisfactory performance record. Such information may include an adequate financial statement of resources, the ability to comply with required or proposed delivery or performance schedule, a satisfactory record of integrity and business ethics, the necessary organization, experience, accounting and operation controls, and technical skills, and be otherwise qualified and eligible to receive an award under applicable laws and regulations. The bidder should submit the following information with their bid response; however, if not included, it shall be the responsibility of the bidder to submit all evidence, as solicited, within a time frame specified by the County (normally within two (2) working days of request). Failure of a bidder to provide the required information within the specified time frame is considered sufficient cause for rejection of their bid_ Information submitted with a previous bid shall not satisfy this provision. a. List a minimum of three 3' references in which similar goods and;or services have been provided within the past three 3 years including scope of work, contact names, addresses, e-mail addresses, telephone numbers and dates of service on the attached reference sheet included herein. A contact person shall be someone who has personal knowledge of the bidder's performance for the specific requirement listed_ Contact person must have been informed that they are being used as a reference and that the County maybe calling them. DO NOT list persons who are unable to answer specific questions regarding the requirement. 11. CRIMINAL HISTORY RECORDS CHECK This solicitation includes sites and.or buildings, which have been designated as either "critical facilities" or "criminal justice information facilities" pursuant to Palm Beach County Code Section 2-371 through 2-377, the Palm Beach County Criminal History Records Check Ordinance (`Ordinance"), and Resolution R-2003-1274, as amended. County staff representing the User County Department will contact the successful bidder and provide specific instructions for meeting the requirements of this Ordinance_ This provision applies to and must be adhered to by all vendors, contractors_ and subcontractors of contractors, including repair persons and delivery persons, who are unescorted when entering critical facilities or criminal justice information facilities. Individuals passing the background check will be issued a badge. Successful bidder shall make every effort to collect the badges of its employees and its subcontractors' employees upon conclusion of the contract work and return them to the County. If the successful bidder or its subcontractor terminates an employee who has been issued a badge, the successful bidder must notify the County within two (2) hours. At the time of termination, the successful bidder shall retrieve the badge and return it to the County in a timely manner. The County reserves the right to suspend any Vendor that; 1) does not comply with the requirements of County Code Section 2-371 through 2-377 as amended; 2) does not contact the County regarding a terminated successful bidder employee or subcontractor employee within the stated time; or 3) fails to make a good faith effort in attempting to comply with the badge retrieval policy. 12. AWARD (ALL -OR -NONE) Palm Beach County shall award this bid to the lowest, responsive, responsible bidder on an all -or -none, total offer basis, subject to the SIM/WBE provisions and Local Preference provisions specified herein, as applicable. 13. METHOD OF ORDERING (TERM CONTRACT) A contract shall be issued for a term of twelve (12) months or until the estimated amount is expended, at the discretion of the County. The County will order on an as needed basis. Page 11 14. F.O.B. POINT The F.O.B. point shall be destination. Exact delivery point will be indicated on the term contract delivery order (DO). Bid responses showing other than F.O.B. destination shall be rejected. Bidder retains title and assumes all transportation charges, freight, shipping, responsibility, liability and risk in transit, and shall be responsible for the filing of claims for loss or damages. Unless specified otherwise in this solicitation, delivery may be to any location within Palm Beach County, including locations within the Glades Area. 15. DELIVERY Delivery shall be required within five S calendar days after receipt of term contract delivery order (DO) unless a modified delivery date has been requested by the successful bidder and approved in writing by the Purchasing Director or hisiher designee. Failure of the successful bidder to perform to the delivery requirement is sufficient cause for default and termination of the contract. 16. SAMPLES (UPON REQUEST) Bidders shall provide, without cost to the County. samples of requested items. Samples may be used in addition to documentation provided by a bidder to show compliance to technical specifications. Upon request, the County will return undestroyed samples to the unsuccessful bidders, at the bidder's expense. Each individual sample must be labeled with bidder's name, manufacturer-s brand name and number, bid number and IFB item reference. Requests for return of samples must be received with the sample and shall include return instructions with shipping authorization and name of carrier. If these instructions are not received, the commodities shall be disposed of by Palm Beach County at its discretion. 17, AS SPECIFIED A term contract delivery order (DO) will be issued to the successful bidder with the understanding that all items delivered must meet the specifications herein. Palm Beach County will return, at the expense of the successful bidder, items not delivered as specified. At the option of Palm Beach County, item(s) from any delivery may be submitted to an independent testing laboratory to determine conformity to respective specrfications. Successful bidder shall assume full responsibility for payment of any and all charges for testing and analysis of any product offered or delivered that does not conform to the minimum required specifications. 18. QUANTITY The quantities shown are estimated. Palm Beach County reserves the right to increase or decrease the total quantities as necessary to meet actual requirements. Unless stipulated otherwise, Palm Beach County will accept NO minimum order requirements. Additionally, bidders are cautioned to bid in accordance with the unit specified on the response page. 19, RENEWAL OPTION The successful bidder shall be awarded a contract for twelve (12) months with the option to renew for four (4 additional twelve (12) month period(s). The option for renewal shall only be exercised upon mutual written agreement and with all original terms, conditions and unit prices adhered to with no deviations. The unit prices bid shall apply for the initial term and each renewal period. Any renewal shall be subject to the appropriation of funds by the Board of County Commissioners. A renewal shall be revoked if the successful bidder is suspended by the Purchasing Department prior to the commencement of the renewal period. 20. ADDITION l DELETION OF DELIVERY LOCATIONS Palm Beach County reserves the right to add or delete delivery locations (including locations within the Glades) during the term of the contract at its sole discretion. 21. INFORMATION AND DESCRIPTIVE LITERATURE (MUST BE SUBMITTED WITH RESPONSE) Bidder shall enter the product name and number on the response page, If a bidder does not fill in the product name and number offered for any item, or enters any wording other than the product name and number, the item shall be rejected Additionally, the bidder shall submit with their bid response, cut sheets, sketches, descriptive literature andlor complete specifications for said item(s). Literature shall provide matching product numbers to those offered on the response page and sufficient detail to verify compliance to bid specifications. The failure of the descriptive literature to show that the item(s) offered conforms to the requirements of this solicitation shall result in the rejection of the bid. Reference to literature submitted with a previous bid shall not satisfy this provision. The County reserves the sole right to determine acceptance of offered item(s). Note: At the sole discretion of Palm Beach County, samples may be requested, after bid submittal, to complete andlor verify compliance to bid specifications. Page 12 22. INSURANCE REQUIRED It shall be the responsibility of the successful bidder to provide evidence of the following minimum amounts of insurance coverage to Palm Beach County, c/o Purchasing Department, 50 South Military Trail, Suite 110, West Palm Beach, FL 33415, unless otherwise directed by the County. Subsequently, the successful bidder shall, during the term of the contract, and prior to each renewal thereof, provide evidence of insurability to Palm Beach County Purchasing department, prior to the expiration date of each and every insurance required herein. Commercial General Liability Insurance. Successful bidder shall maintain Commercial General Liability Insurance, or similar form, at a limit of liability not less than $500,000 Each Occurrence for Bodily Injury, Personal Injury and Property Damage Liability. Coverage shall include Premises and/or Operations, Independent Contractors, Products and/or Completed Operations, Personal Injury/Advertising Liability, Contractual Liability and Broad Form Property Damage coverages. Coverage for the hazards of explosion, collapse and underground property damage (X-C-U ) must also be included when applicable to the work to be performed. This coverage shall be endorsed to include Palm Beach County as an Additional Insured, Business Auto Liability Insurance. Successful bidder shall maintain Business Auto Liability Insurance at a limit of liability not less than $500,000 Combined Single Limit Each Accident for all owned, non -owned, and hired automobiles, (In this context, the term "Autos" is interpreted to mean any land motor vehicle, trailer or semi trailer designed for travel on public roads.) In the event successful bidder neither owns nor leases automobiles, the Business Auto Liability requirement shall be amended allowing successful bidder to maintain only Hired & Non -Owned auto Liability and shall provide either an affidavit or a letter on company letterhead signed by the bidder indicating either the bidder does not own any vehicles, and if vehicles are acquired throughout the term of the contract, bidder agrees to purchase "Owned Auto- coverage as of the date of acquisition, This amended requirement may be satisfied by way of endorsement to the Commercial General Liability, or separate Business Auto coverage form. Workers' Compensation and Employer's Liability Insurance. Successful bidder shall maintain Workers' Compensation & Employer's Liability Insurance in accordance with Florida Statute Chapter 440, A signed Certificate or Certificates of Insurance, evidencing that required insurance coverages have been procured by the successful bidder in the types and amounts required hereunder shall be transmitted to the County via the Insurance Company/Agent within a time frame specified by the County (normally within 2 working days of request). Failure to provide required insurance shall render your bid non responsive_ Except as to Business Auto. Workers' Compensation and Employer's Liability (and Professional liability, when applicable), said Certificate(s) shall clearly confirm that coverage required by the contract has been endorsed to include Palm Beach County as an Additional Insured_ Said Certificate(s) of Insurance shall, to the extent allowable by the insurer, include a minimum thirty (30) day endeavor to notify due to cancellation (10 days for nonpayment of premium) or non -renewal of coverage. The Certificate Holder shall read: Palm Beach County Board of County Commissioners clo Purchasing Department, 50 South Military Trail, Suite 110, West Palm Beach, FL 33415. It is the responsibility of the successful bidder to ensure that all required insurance coverages are maintained in force throughout the term of the contract. Failure to maintain the required insurance shall be considered default of contract. All insurance must be acceptable to and approved by County as to form, types of coverage and acceptability of the insurers providing coverage_ Bidder shall agree that all insurance coverage required herein shall be provided by Bidder to County on a primary basis. Page 13 SPECIFICATIONS I F B #22-071 R/MB SULFURIC ACID 93% SOLUTION, BULK DELIVERY, PURCHASE OF, TERM CONTRACT (RE -BID) PURPOSE AND INTENT The sole purpose and intent of this Invitation for Bid (IFS) is to secure firm, fixed pricing and establish a term contract for the purchase and bulk delivery of Sulfuric Acid 93% solution for Palm Beach County. COUNTY'S RESPONSIBILITIES The County shall: (1) Order on an as needed basis. (2) Provide access to the delivery locations. The County shall not accept any minimum order requirements. SUCCESSFUL BIDDER'S RESPONSIBILITIES The successful bidder shall: (1) Adhere to all terms, conditions, specifications and requirements of this solicitation. (2) Bear warning labels on all shipments, as specified by USDOT regulations. (3) Follow proper handling and delivery procedures that comply with the Department of Environmental Resources klanagement (ERM) requirements- (4) Be equipped with a 2" Cam -Lock Quick Connect Hose (minimum 30' long) for product dispensing (unload). (5) Deliver product in thoroughly cleaned tank trucks. (6) Deliver product in bulk as follows: Tanker load is 4,000 gallons. TECHNICAL REQUIREMENTS (1) Trade name: (2) Chemical formula: (3) Composition: (4) Specific gravity: (5) Molecular weight: (6) Appearance: (7) Solubility in water: (8) Boiling temperature Sulfuric Acid, concentrated H2SO4 95% by weight, maximum @ 20C - 1.8 98 Clear, colorless, oily, liquid Complete 535-586F CURRENT DELIVERY LOCATIONS (LOCATED WITHIN A WELLFIELD ZONE) (1) Water Treatment Plant - System #3 13026 Jog Road Delray Beach; FL 33484 Dennis Ford (561) 638-5080 Page 14 (2) Water Treatment Plant — System #9 22438 S_W, 71" Street Boca Raton, FL 33433 Tom Blumberg (561) 381-5351 (3) Water Treatment Plant — System #11 — Lake Region 39700 Hooker Highway Belle Glade, FL 33430 Mike Turberville (561) 493-6175 Palm Beach County reserves the right to add and delete delivery locations as necessary, at no additional cost to the County COUNTY ACCEPTANCE Delivered items shall not be considered accepted until an authorized agent for the County has, by inspection or test of such items, determined that they appear to fully comply with specifications. The County may return, at the expense of the successful bidder and for a full refund, any item(s) received which fails to meet the County's specifications or performance standards. PAYMENT Payment will be based on the unit price(s) offered on the response page(s). Payment shall be rendered ONLY upon the County's satisfaction and acceptance of item(s) delivered_ Price shall include, but is not limited to, all supervision, labor, equipment, materials, tools, machinery, transportation, shipping, delivery, handling fees and other facilities and services necessary to fully and completely provide the item(s) as specified herein. p.p>s BID RESPONSE IFS 9 22-071 RIMS SULFURIC ACID 93%SOLUTION, BULK DELIVERY, PURCHASE OF, TERM CONTRACT (RE -BID) A0 no. OLHCI I ESTMAT® sY Wr IIMT PRI(.� TOTAL OFFER SULFURIC ACID 907fr SOLUTION. BULK DEWH2Y, AS SPECIFIED HEREIN 1raeRABDOFEBEcMpd.yd fr.lJlizy 1. lstlrBT BE F��I,.I,.IDe�� s�t �(t 1 1rgeRAfopMTAtopEk. asFERFO FF� lX0.0W DAL SA D— SSG O pAl$i BF mle.) P11M= Batte ANp M1BBEtt OFFERED —1 WTCR THE M r.B elm OF>tCllllM 1.17 ium PBDNpED BY YEIOOBI WBaY YaBWr Y. QI Mad.oxU. dwrtlM'a adrha Ile MtM eeYb. ��M1-r-W-b -.vY u i.eaSdL'Iyy Ackrowledge Oua Waldo of Belders rio mabon B—Iti0ed, per Tent B12 YESW11.4L C g Ackmwlecige Crmkal Hoory Remras Check Repuielnihni per Term B71 YESr1NfTIAL« AckmMedge Idormatm arts Descr L ,mu s 0=hod wV ttW Dv m ulaaureob,ald and paromalel number otered thetahes the aescnob a Harahne prandsd by wndprper Tam /Ll7 YESr1NT1K ra AckraMedge 1—ame mqut9menls, per Term 0227 YES+BBTIAL PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL RESULT IN THE REJECTION OF YOUR BID( By 6grralae on Ihis donmeM. bakfer acknowledges and agrees that Es other n+cludes arA accepts as Oemts. cpndahan, — SpebfiCabOM of de Comys blo SCliaa. t.h ab On g"" WbW ed wr I— B+Cepapn. change .aft— d arty and —pr as they have been p khshed by We CmMy n oMcel ame, henls poor to this dale of wbmllal Per General Tenn and Conddlen 117 , d bidder ie a Janl VeMure W the goods/serwces cl—,d ed th— bakfer shag l n request of the County, ph —le a copy of the J-1 Velure Agreement signed by as panes Comrro I Non-Dsonmination C.diflcalion: By s N bel,,e,. hrddsr hasby Celbkes. per Ge—i Term ana Condsion pan. that IU the nfarm— set to iheran is ue ana caretl [o the Oest of Bhe bdders krowedge and (rd here are m Ieg+p/admnUlral.ve prpceedrgs rerpr.ed ,e ce rosepaed. e:rept m disdosed n bidders response I";.- Cll...A G- • h t LL 9 l , I )� -- n �t.., �a PRINT NAME e MGNATURE _ _.._ PRINTTITLE. ✓kC�iw� );et,jd ADDRESS' 1142. Lk, f4-tCeede . 5f Sdo OTY/STATE Cl Wp.tt..tF. Tx aPcmE. 17360 -- E • EMERGEWY / 1. mac 41r1.9». S-" 4 I lAllL11CA3S4l'EI.L1CVBv I($) _E burns l�shr�r.e..e+1 i192 A(fOOA 11t, NUMSERI I 5+.ie of fla'.p�4-.-......- ?9-it2K$el -- _ Pqp16 QUALIFICATIONS OF BIDDERS REFERENCES FOR IFB #22-071 R1MB SiOoer Mal YN AMmrloaa h a000rarNa Maa..NlwlelMasiNFin a.0uaS4i.Na/BWra. REFERENCE NAME:- Li� — ADDRESS: ,� �a,yrr St load CONTACT NAM: �n t1aNj 61aa wlws#, MI/ Oa c'.-w m r r CORACTWORWtTIOA �- �r ._av r. Gt N/* Ar:J SCOPE Or NDNN: cowrRADT DATES: 4� REFERENCE MASS.' J✓ 8 ` u bax l3i Vewo e-A F(-3i9�1 TMM eatr .Ir r Nrv.r w R.F sw CONTACTNAME: EA Tl ia- Sara s • nMaas, a w a. Cery"r �—_-- CONTACTINFORMATION, ^'°!------tTNfs i. L{'I} -- Dst PII .----- — Ella! t H 0 eoeb. of far. SCOPE OF YINORK: .. 11 r{.(w.rc /rcW 'Sr9a1Y __ _ CORRACTOATES: -- -...... ....... _...... - -J REFERI M NAME: ADDRESS: rw .—I mral a .reorrird Sol arT Sae CONTACT NAME' _ I' .'•f. Uµ/{{ usne ac a reterenca, ab raa C<.y' Soot r calli arum. Phan 'Nal -9-76t. 0941 I "I: pr/A CONTACTR►OIMATICN: Far. Sr.s7wnc Arad 5 � 1 EA4S: PILFMtl1 Zvba •.. 04. 1 SCOPE OF VKW: CONTRACT DATES: SONS-pate-t FRAI NAME: 5httt,.r C-k • a l Co-r 4j' LLC Page lI CERTIFICATION OF BUSINESS LOCATION IFB 022-071RIMB In accoarohce -h the Pain Be-' Carney loot Plat.— Ordrna . es amended a preference trey be given to (1) bidders hahmg a permanent dace of busness n Pakb Beech Covey ('Cotmty'r or (2) bidders havmg a permanent place of business In Ink Glade foal ore aloe Y. povrk the goods erid/er servrd b be ubkied wthrn me Glades To receive a boat prefwerncebdders must rove a pernane^t pram of brssress wdhm the County or we Glades. as applicable. prlar to the Cmnsys nisi nice of the sofctahcn A Business Tax Receipt wht& is nsueo by the Palen Beach County Tax Collector authonzes the bidder N prowde Te good services being sob"ad by the County. and wife be used to verify that the adder had bred a permxent dace of business prior III the Issuance of M soklalnn The bdder must submit this CeN4calion of Susrresz Location l Cerbfcabon") aarg wwLh the re-}ared Business Tax Recapl a be, lime of pot or quote submission The Busam— Tax Recapt and the Cerhfr we he sale delemriand of local prefer— ehgiblty Errors in the comdaion of Uns Certdcat- or failure to sibrs bvs ccnvieled Cetifirailmon *A 0 the bidder to rout necerre a local preference b nstances where the bidder a. excerpt by lam, horn dm ret}rsanenl of oblaning a Business Tax Reoepl. the Wrier must (al provide a citatxrn to per speale staasory exec Whicin and (b) provide other documenLMMn which cleat/ estabo hes that the odder had a Dermaners dace d brrsnesf wiQm tlne Carrry a d)e (lades Drdr to the dale d issuance d Nit spkctalicn The County hereby re mina; the 'tjh` m zrtaG sad bdders for additional nbmiehon ro(aloo to INS requirement after the bid due date I Bader is a Laca1 Btrsrress A brat bcsness has a permanent place of busmess rn Pair. Beach County fPease in�) Headp,aten braced n Palm Beach County n Perrioffice or other We bcafed in Palen Bea& County n frpm winch a vendor ova Produce a subslan6a podirn of Ile goads pr serwces Glades Bus— A Glades b Stasis has a permanent doe of busmess m tie Glades (Please ndcale) Heedauatera IPpaN n Ne Glades PemL nenl cdfce a Men site located in the Glades horn which a verdpr writ dodu[n a substantial portion of the goads ar services II The aad&ed —P7 d loot%s County Business Tax Rer Id —A. bdoer's permanent pl— of b-shess THIS CERT)FICATION n s�bmned s m (Nae ofIndrvdua) of _-- — il- ePoMxcr) (Fem Nacre of Bidder) who hereby certifies the the udormalon staled above a tom and correct ono that the Coady Business Tax Reoelpt Is a true and cored copy of the ongmal Further n is hereby Mknowleo" that any mnrepresenbason by the bdder on Itvs Ceddcalon sill be oonsde— an uneNcal business pracbce and be grourds for sarx]nns against hive County busmess wdh the bidder 'Sghua—1 (Dale) Page 13 DRUG -FREE WORKPLACE CERTIFICATION IFS #22-071 RIMS IDENTICAL TIE BIDS - In accordance with Section 287,087, F.S., a preference shall be given to "m'M submitting with their bids Ole following cendicafan that they have implemented a dieg4ree workplace program which meets the ,equtremeras of Sedan 287.081, provided, however, that any preference given pursuant to Section 287.087. shall be made in conformity with the requirement pursuant to the Palm Beach County Code, Chapter 2, Article III, Sections 2- 80.21 thou 240.34. In the event tie bids are received from vendors who have not submitted with their bids a completed Drug,Free Workplace Certification form, the award will be made in accordance with Palm Beach County'. purchasing procedure pertaining W tie bids. This DrugI Workplace Cerfihcaben form must be executed and returned with the attached bid, and received on or before the published bid submission deadline to be considered. The failure to execute and/or retum this certification shall not cause any bid to be deemed non -responsive. Whenever two (2) m more bids which are equal wiN respect W price, il- ity, and service are received by Palm Beach County for the procurement of commodities or contractual services, a bid received from a business that cortthes that it has implemented a drug free workplace program shall his given preference in the award process. In order to ha- . dnug4ree workplace program, a business shah: (1) Publish a statement notifying employees that the unlawful manufacture, drembulion, dispensing, possession, use d of a controllesubstance is prohibited in the workplace and specifying the actions that will be taken against employees far violations of such Prohibition. (?) Inform employees about the danger of drug abuse in the workplace, the business s policy of maintaining a drug -tree workplace. any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement scecthed to number It I, 441 In the statement specd,ed in number (11. notify the employees that, as a condition of working on lho commodities cr caKnctual services Nat are under lard, the employee will abide by the terms of the statement and will nobly the employs, of any conviction of. or plea of guilty or nob contandere to, any violation of Clepeor 893, Florida Statuses, or of any controlled substance low of the United States or any stale, for a violation occurring in the workplace n e later then five (5) days after such conviction. (5) Impose a sanction on, or require the salafactory pan-pation in a drug abuse assistance or rehabililMion jim9n lsuch is available in the employee's community, by any employee who Is se convicted. 16) Make a good faith effort to continue to maintain a drug -free workplace through implementation Section 87 2D87, Florida Statutes. THIS CERTF1CATIDII is submitted by _ _ vns (�KYnS the (Indmit raft Name) �"tdYloe{in4 Dircoio� of Shrrtvt �,t,•ra.i (a gwyI sr8b ComparryMi n tor) (Name of CompanyNonefor) who does hereby renify that said CompanyNendor has implemented a drug -free workplace program which meets the requirement of Section 287.087, Florida Statutes, which am identified in numbers (11 through (6) above. s gnalure Date fill ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑❑ oo, e � k owl QO m i Qo o of 6 _ N Page 10 OEBO LETTER OF INTE W — SCHEDULE I A Med-SnedWa 1 i a Wpdn d . u l between Ne pi�me &dmnape/Amaaduef a SeMstr dw/wbrmwltant for sIW 0eTl arld dladd beNnwd,:swh. The SeMdu43sha0 wrabin boMeelanpnre wdlorquw bp,fpana ne xneduk z, enN paMn remaniu nh Sdudule a a bind., document AI Sltr tradpra(fibpmraaanRi :.lading any tiered $ubepnvacNrs/wbcrosuhams, must properly eseeute lhn rlacumem. baeN PBDaIl neecVeOYNMuk]imR be wbnated vanh the ae/prdposl. .l � S. TE JTAnON/PROCT NUMBER: 5,J//ff We/C iWA SOLKRATION/PROTECT (NAME: me Name pf Pn: Sh./E'a {&hen bo. a Jft L 2pRW SBE WBE WE M/WBE Non S(M/WE O NP*. BeAn C—"f&tftlb of ablek The u.,dAmgmd aNhms they are the Idl—V jw, e.l we km earn cabman MappRraYet &aWmn l CoWme 1 Uhes 3 Malr icmale African-American/Ban Avan Mahican Caac>JanA-- Sageer Nicpa kAmerran Naiye Amedran S/M/—1—TKO•AT— - �aa1VY-E harm non dpamma ■ rpR b be evbwrrd M lJv uwn ak rvm a tin Tmm Tanere m WIM a pmpeM eaecaANS--lL -1 SML—Vbdpaudew aR*.*,. "tlel of mmtb be pedemmd ardbmsWWN-A Ne eaRar A— Awe, pwan�4nWwYiau. SIWWBSomsi—Ar e,0N baeamaaNNNN n%OAWBEbcn—AdeaaaWWAp—euybeallarYdwsprap* a SdadWe2 lbe uMvvgrcd Subcanbactd/subraeulMl is Pe4 rN b aNpwlvm one above deRrded wab nmiyr4m Mi Ne •v�%��:ntaraed PBIM at the Wi4mbe bttl minapmxmxe. ____ N Ne undervanN meMsbsubrpntrsn am pmtiendMawo-k maned[ fubcaMam/fr�[awNort,pbve 4a Ne buzinm ivme aN Ne amount n<bw aa<anMM,d by a saparaae mppe.ly e.erurNSdreA42 _ __ hloaPwcumaee'. bloc a2^'/I^lkr SuMomranm/wbconwnana SFyr.&ac Ciloti.a.� Coye.ya LEA Prim Nam b pAM NameoESuhtanraan•is,Armwkan By BC //���� AtMaleed SiBnadpe Mellarlaed Sipmee L,YLr15 �u� P'i,e Nam�e� - --- — Prinl Name nlle TNb o,te: al 12- 71- wfe: k k k; I Page 22 OESO SCHEDULE 4 - SUBCONTRACTOR/SUBCONSULTANT PAYMENT CERTIFICATION A ProperY [aaur[d Xheduk a i1Lll De wbmntM (ar exh Suerw�trxtor/subsonvukant altn rweiq of paymnn Irani tl.e Pnnre. TM Prkr�e JW edarkt dvu brm wnh exh paymeM1 applixpn w isYpire>ubmtled to me County sylven Use COUNTY has d:N IM Prone wv the pLwaus paynMrl apAcarwn Lw xraicn poKikd by a SLconvxtw/subrmwdtam. NI nanud SubrTvacLaO/suMonsulfanL' on Nis form must also Lmglrtt rN subm[ a up xe Xheduk4 ahw reuiq of paVmmv. N IAe Prince is nn 5(N/YIBE, wmpin�un of a Srheduk a is aFu regwreC rn dwrRnek sA pnuwnol wvk prdwmM try Ilex work Iwtt. Acempktd release o1 Ren (orm tan be submitted k Ileu d a SdMduka. Ihis is ro rmth'hes _ rnewwl a (Slb—soux/wbar wk—TYn al fasembil) w 1—) pa .1 of 5 IrrbRe Te.eraosNrl De / In, my ar—e tar Iulwr and/o. materiah s Fpted ANR DID M."Ib OR FepaNa.el OreMNNo.1 OK.: _._... _ TAR ORDOI/WORK OR DER/DELIVERY ORDER/PURCNIISE ORDER/NO.! P FCOMLRAC10t/CDIVSULTAM T VENDOR CODE: SURCOMTRACTOR/SUaCONSULTAM VENDOR CODE N the .dersigned Intends to dblribute any Portion of this payment to another SubCwllracmr:sUlsconau Kant, please list the business name and the amoum bebw accwnp eid by A separate properly eaecdd Schedule 4. Price or Percentage: _ Now of 2^qe Der Subwalwactodaubcoseulmnt or-__._ - 19peewe r —/.w.—) INeme a rkk of Pin[n—irNmbdue Rl wbtentrMw/srecwNulYw) STATE OF FLORIDA COLINTY OF Tlr brepeY{bnvemLyt was aalnav4edeed befatr me bT meant of phyuulpreseweor pnhne nonnntion, thn _day d lyr-LEl __ _— - _ _ _fnamrof person xknawlMglnal NgaryhWs, Statrd fkrida Wlnt. Type or Stamp Commbskned Name of Not>ry Pe.sanally K.— OR Ptoduced W—dicxwn To, pl ldemiliration _. _ Sulfuric Acid — 93% Analysis Specification Sulfuric Acid (MQ) 93.7% 92.7 - 94.6% Iron (Fe) 12 ppm 3 - 30 ppm Product is NSF-60 certified. Mawmum use 50 nV& Clarity 0-) 500nm 98 70 — 99.5 Specific Gravity 1.83 1.81 - 1.85 Lead (Pb) ND 1 uolL Mercury (Ha) ND 0.2 tsg& 'Additional Trace Metals Analysis Available On Request NSF onn nIM b W Scary wY 3nM ISDS is Y033000f13) Maltrba� ram. ma¢ncan, TM vVanWm+mnrrJ✓:W dw Y.rw n •:rpr„Katm tlUre onaaK p<v.✓aea dnmrnr,av�.ra xtea¢V •aa capalte sa:�a stlry{o-:x wyaaxw.v�wxma�aam,wxaa�xa, x„m:�a.wvvo+e+a.nommvexwrxa�.waweaxaenrrvx.r.a.ea auw.own*vsmn.Aso+ro.a.,,ose�.,a.:.ew.c>+v��:�•yaaac>a�+aurr:, aN�m rm.�rmyw�r..�h•....�m..,x axaga m.L maYoccx avm M':n�aa rn aaM use c/ Or Yow ebrgve ,anrpei et twM1e © SAFETY DATA SHEET SULFURIC ACID A. Dye: 07fIVnIf I. IDENTIFICATION Prvaucl Name Is) SU MC ACD PfOPYGI Use pllapa.slrNR wafer wiPlknN aM+.m.:s nl,N�i aprl[aeoM SPPG1br $meld Cl—CaapiA IM Wamseaa Calk Tienaperosla. TA 71=) S1 Contact NumEcn EOpJ6)QI6 E—ii CPn d Ipr SOS Ces45ermame�ne,cwn lcmtse aewxi Emerge Tee0— Number CHESffREC SOOQ.93W ]. HAZARDS IDENTIFICATION H,—Cbasiliuppn 0.ecauU "Suhemmb Stin Lortmmn, I OM1V(',F.N' Cams se.ue skn wln aM efe Oemape auaa i� Cfer.pea tyw Gina¢ INY M rprnyrp le O ETa Damapa, 1 rtefas Cortoalve m meals, I Dc nor blaFe vWa pr vapors Wean M bs anP moms lrpeply a!v mMYlp rear idedrve v q`ics Pdaiw' clpisg efe dn! b� iakC.m 14a Dien a�}W _ala.lr If OT .Mute rpn" II pn f»In aan a me bh! w --.iely au cm mama Olmq FOree WI wT waensl.ower WasM1 msYrte4nn beble Twee II uJ N w Oreamw-g persarl n it itl peep cnrbnank br .ng. hsaeryPlef as a aocmr s pason amea «mer n n eyes mse vY.sy me. wM b fC.erai nndn Rem+e Imspa a a Ha �•aw s!e!n anP ea:v .p fmhrve msnp Seen mmalohe InNpl aMNm Hesse spabge a mew.a maMu1 aamPge Skye elfiew $Ide n e WrtoYm resabnl oonwuler sal a leakwn NeY Oeoos a mraatnaa.�er a acmrmnc! vni h�mpsbeneaYa repaarms Shreve Chlrem Commmr vage IM ® SAFETY DATA SHEET SULFURIC ACID I Ree Oarc 02A&W,9 al�lnl+ 3. COMPOSITION I INFORMATION ON INGREDIENTS Daacripkon IAnue Comp — CAS No. C - I%I SvLLr< "^ 166.93-9 93 ayt:, 132 19 5 bdIYY< t. FIRST AID MEASURES bnahcon Rrno¢a — kan llrYrreowk w eapokure arN aas. i iM vnvn treap IfIx.Z.V n a%", .M — oaYgen. a s+alabknp ntlm rs ncl treaprq. M—Wl CPR IW OD4akrorlaY rnfusrm§vr) Seek me0ir�l dN;nbm Shin b use al cmUq. anmeaWklY wbM1 wN pknly ol'vWi b dt kart IS mnJes Seek neaM I etkn9on n kMalbn Oavekps IX ari8a Remote tmktnna>M pctrrg erp Fnoea Ckdn o:YnarrYnako cUflarq aitl Ygef time rave Eye OOlaln manedak m00ical akenkon ern�eaakly ha9l neeMn penry al tale br al ka4 2DE0 mnukt while ndaiiq eyulba open kgN00n E mobn h mrnacus anU akM1 Bn'e 49 glafaef d'ealn b Utvr ana 4 np alpup0 wmamg Seek ameaime mrWiwl aMron W M kave nrmn unallen•YE Fo pre.cYa aagralm d awalbweC podn]. kY armin on faae eMM1 Mae knue: mdn ran—mm 9- may ecwr worpxleadl I1 wnnvg o2da aM Ne rxfm n wmoouf 9re rakr b rurfu:r OihM pe drmeul S. FIRE FIGHTING MEASURES Earrqulakk9 mania lNe eabgleaM1aq media wnaae br aurmunarq Ire UvwYde eapngunning Hv+c mMia Flee firJRiy Procedami Fee69Mera aM la w N NIOSWTISNA gprmed DCaar¢ T m bewrq dppaF;nua wN lull l dsR.— ina M dOU KS61aM qok i¢ :JCDinq Fgnl be kvn mawm.m lanc. ce R. Reatla ubienlry raft vraw Gebasrg Mal o.N camvn_ ComM4rn pfaauch OGen�Or.ull'ar Shl— Ceomical Company .1-2r9 © SAFETY DATA SHEET S SULFURIC ACID Rer Dab GJ".9�3Ct9 9M1rlcvc S. ACCIDENTAL RELEASE MEASURES Personal pnc_W" Ppaonnel Nnelnp sas makruyl poop Ep NoreegnlY traineU q M1argb apfs aN rekaan W nd dues nose abeama No an ungnpM oarsoorvlan mfl fMw bud d IarA o+l PPnonal Prdlclwn YJear prdedrve ddhug spncifed b npnnp gferafors lue uOUI BI Enrvanrnenlsl Prouclion Do rol gup geram RwpLom l.e NrlytlpeLYoll uMp nby cause poMAon Slap leak d d can ce drne nNida mk 0!a api aulY abplSM d !rp vde Clean oy nHM1nds mull meWiala plp x apT. eptl m My DY p lata<I Qf111011 bPler p rM bpn aplllage f!lfigMPq lol bbr depoaW Chan v0 me1M1OM largo S.p krd /Pon tb dub �YgaR rM Ub aplP uPl9 rIWd11011 u npargl! spillage mabiax suAr as eaM. bbI10 p dsy Dice p mun di►on aapp p rWd f W fbynrg b lsPr dupeaal. PPwp wdr k a01W epo ap Ab hW loud-- Eap� OINI WaIS IP softJMh b eb Wen w IIW spay be gPneraNd CpaS. P Wke. —1 PI oP4 sob M A d ne.—I� Ppi aril I .bn.e:o I S soap! ap arre pPbne n wproprta ap.ee polla.br foes Sewn y xaneYg arse Sgragel 7. HANDLING AND STORAGE Oo- W.pW..11 ind mih Do - gel On aYPp neyYa TRa goOrG r�apa wndllrg Apkmh laIh eases Mbral,rg nenl and.." w—1 wabn—, an aoe.ALWAYS — ore aw.-1gwakr ard,Ie J.a a-....c ,I, NEVER ADD WATER TO ACID SWe n lgnaY tlmN cprls ra $Iore in an area InrY o dry we4semL�akd. d Wl wdn gpermlaek rrullrkl S. EXPOSURE CONTROLSIPERSONAL PROTECTION tits TWAPMnI _ f761fti_1. CeiWy -. frPgApfi usACEw pt >t OSSAPR 1 Serbw CSembN Company pap 31B SAFETY DATA SHEET ® SULFURIC ACID ab.+o ae. om ovls¢nis awwaonal EaP»un Ftwee vfe«aFe .a+Wcri xmn Peaur+owxNla P«eaerxa .v.m cwouae lanoa SbrMartlx Pengral. vgrYPeaY atrmdlee « bmgeal xcnee>q met ce roePreB w aebrn..r ,k eses.aness d >x .ranuw «carer coma �neaswbs >ww me ivti>~,alF b � rorvrz-er orew.M+aaaP^ant Eng�neerv�g C.".. W1r«e eryra«eq ceMaY m es«rabe >n we corWorlS w a fa1er801 kr Neaxuref ve e�wra eatli, aie bberq YauAwal erym«e mr>« IeTngws �y Oe ufed b e�ly mmrn.e enpbyee erPof«es k`J e�1�iW w«W6on N V+o aaxpinbry Probcvon V1'Ivr reepr>«s >e a —I ales] MKV0 r9 e«a N ba on Naw « peF>+r+r saogme ccaazrvaaom ara N accwaarcr aan me awmpnNe rcgaarr sutures >wor .mvns �e�«reawoa uua« o«ow Qareseass „ ra ab.e� d caw smr..e anwrr«>as. ro klWrng Oe.ma aMrtl Po f+a irtdee�ur w b Me coMe>M apeuleN by OSa M «A> Ve eGpmprut 0511A ri191G 9 sbrr6f.11 Ae yau/yig Il+flmasVlul.Wce1 rewabr Mrs uttlryrMsrebr aFaeuv+e b usa .xy>I acd gears Fwna P,.,bw�on c wn<al rex�N>n gcwex Eye Prmecbon Eye>ra!aae Po+orw�«nena xne.rr oePeno«n.o«, aa.Y envs«�wem Tbicn atl >abni Iribl+^0 Paaaxs AN5126]apPovW ogrPre^a sM:tl be seK+C b Me pdtfat> � va�ideo 41M maleral Eye c«eaG Nlwb H P� pragb ute d Srnbar xIb1Y gbsyex wM irlc M�NOD«FpbN�pbdgcgdw Menarg>ry a5a>M r«611s reriyamesaele bogy p— tle:bop gbwsWle - Mertarq>rcy tbpwllraN4reaWyaosamb b>k a«Y >ea Ccrntleratm mup M 9^en eob b f/aCFry ai eM K p+�e�Yu� ressYra S. PHYSICAL AND CHEMICAL PROPERTIES APpga.ancca Pbyfical xrab ccaeess oayYWa Door nre oeor mresole Frw aPpt�Ge ql-wwe a 1"f by.eya YMItlnglFrcenn9 Point 38b-28C1-bb-18 FI InIYal Boiling POIM 151 b276C P6e b5 F1N lfibm 4 Range F.. Pdnt Nol vpl— sbraw elr..asr t..lrnr P �e+.e © SAFETY DATA SHEET SULFURIC ACID stul..vu Rev Dak 02119f.01R Evaporation Rats NX aeauct Fiammaeihry 1h'I;AftY�e Uppprlwnr Eapbsron .L:t avab4r Iemb Vapo. pren+�re tbGmrYg ri G0C116s F; vapor D—V l ReunwJWYT 161E Q5-C) pernnY tS., ag-. Zs_Ci%y Fl soWeieq Olapersste wrab Pu11a)<oplicwn Mq aYa+bhle In.abrwYrakrl wleyp�nia., r..peru.r. I.�awek pecompmnaw rlm,perapne y:+wamr vocosity tw apxaok 10. STABILITY AND REACTIVITY Suulny Sue4 nsta menrai %.�sftm�cl r.e coma�nn. To A—d rae,c ano.,� hicanpatiek taxenab Reed. wokrny na, rakr a.o.1 !h:M rM,gng agnm. nawy<ns. en.ea Tnp A Oeemnpmnbn OnAe.d fJu Pro 11 Snr�eve CnepxY Company P.vIc S,A SAFETY DATA SHEET SULFURIC ACID lo� --" Rev. Date C2119R0I9 anatevs it. TOXICOLOGICAL INFORMATION Bavf for afsefamem haun.eo y � a oaaea m sre torxdogy aerave Eti rmnlwn Ne kfs VaV burg Iha ao0utl naf not teftea berme artnr � aoh ,-e hncwn k K fprearce arrC earns fevers berM acasrurbm EYe Mraarion 25C ug2a nr. rabbit 6aunNy m�bbng Acw makM Dermal ND LD50 kaW cascentrabon SOh of Nst apeae; btg nrycv M2 hr rar Acw roakrry.NNkfion 1D50 kasa concawaWn Sg`6 olkX fpeoes. 2ai pprrel tr. rae kw IoaicM -siral LDSG kma acts 50t bl aeN apla»f. 2fa0 rrgq M Rsgaba Bose bakitY TM15 Yr.Aal rgnlana ( iK fuMtari1 ad se cf R b Ds abnwY a IraCj roman carcmgass 1-1—a Apenq for rneatlr on orvr Wi(:1 ni tlaawlw strong ascrganrc e<tl mW conlaarsp ualunc acid as a known raarra'r A rsrnogen MNC Ca4gwY 1 t Tne ctasaifCabn aPPaea only b 9u4K ar't Mai generatM of a mnf TMe a W debase N M a fe maanvNyMnPEa !ne SM1.asa revamnE by IARC aacqua4lY eruroeea I.ObnlersMarp owgltau an0 Paend luhls fsaR as saparrfb sreaYang ena ri2YJ n A rRry epdemobgy ..wee nave aegpxkE a possaae laacciasam betnce pwWc xq e�owrc and layngeal a amg crier h va n sa c ye sabaa naM1ess ssOR exPOfea b marry rY.na cKmrvla Wrrrs a eRC+ > remgnrsG camn9xa, aadr as 6e1trvlfWab aM rWel Camrhrrnp ie rraape rnr tWafues ana gireY rmfaum d Cse ardna ar 6xagree asr VWCs orcbsbn Wt a caul! and eRcd retarec tsea een canker arb eryorae b afaq �rorganrc aW mrtt conumbg svlNric aW has Wean aenronaeMed sYOPaicaY ND 04w1opraerrYl bxklry ND 12 ECOLOGICAL INFORMATION eYa«a br A.twaminf IK baK.fr a warns aw tc Wan a arybraea an nre msenmq PN d k .aaa klnaMY at a PN d 5 0 or bNory requeea fb case Na.aar rarrez AePPNIrq T ire nardseas d tK water Iharo waar lua rbme buRiererq cafsacatYl ,rd are rPscea a ran (fame b)n ae mne r—w. 2 b ira BR,cb cf a No oY) Mar e. JE anC WaLr. rM IE^l R Waer Ouany B—I S ea . Io, CA No. IJ P 279. Caibraa Stau Waar flaswruv Conga Rona SaaarYwao. G Irw I9W1 uoagrry NO PenisYn—g—bdity ND Rcaccumufabon NO Yrafha—Fmh Teakny ND SRaYw Qatnlial Ce�/iaY Pap 2'P. SHEET ® SAFETY DATADARK ACID CID SULFURIC r�Niwa Rn Dose C1rIY.�Gl1 TOicllr dl Iabrinvene0raln NO y A[Ni bxlclry-algae NO A<Ni loikiry-nacm.la no 13. DISPOSAL CONSIDERATIONS Waste Clsvofal CMnul Aoomns, Prouserg v etrerwne uenrg aif maaxul may m>a M mast maru9nnenl inlwmYNn peseraM n ne Y3O5 ircmrcN:e � ovrer.ee navarawrale. aNaac m ao s a aY wr Ya «a rnv.er„:w�l:, wst anPrs*+I mdy pe .more reslnNre a c0erarNe CalereA van MCe'Y tans Yn rey�aame Cmlfue ebK artl � I regW.Lrms re9aM*g tr Pmte/ >sDaeal c• Sus mariA COR 1—O.Pofal Qsn ranUexn atl rgrse Porcu9liy RraKcrre ecinirer b awN reuse Pse..v: L 1¢enr.0 6apasal rorrhaaor local LIMA'- The recartmNrtlYom 9^an arc srvroereo #cpwfla Oar sale daprna� wive..:.. Y)TaI rgryHk s may A! mere Rrxry.'rrt arN trrx mvS De mntle:l wef 14. TRANSPORT INFORMATION OOT Clasf11-1- UNJ3 a i li SUITURIC AGO ReForrecp 9Wm.ly +OC'J l s 15. REGULATORY INFORMATION INTERNATIONAL REGISTRATION'. TSCA (USA) aA'm.o m-1i-aererpteC SMA ]Ol/]OU]11/]12 fahamNy M1auNouf fuoflaNw Su0.�: c Ace ICCL SARA 3.2404 11312e Rbnnn9aaC 4 anon 5uavrc arse SARA], 11312 11]12nazaedouf eAemieiN SuNnx: Muf SARA ]11l]12 M3G3 " "lion cnemical inrenb - M1ar�Y -I IJen011eatbm.GUpIf, ACI,e yAD' Imme.]mlr rar: net hlln RatarC Reame RatarC ClUtc". Wzaldous sUDa-... 5uaunc. Act +0^X. SM1rieve cnemical 74E © SAFETY DATA SHEETCID SULFURIC ACID Her W. Cil.lcli 9aarbvn 16. OTHER INFORMATION HEALTH HAZARD.) FIRE HAZARD: a REAC"VITT: 2 RW-E'l Al KM Revbanr: DTI&W15 lv6 lerfc.s2 ) 9 Can...Erf e, C.Sll fdma IOIpFNI) HLi�eF ba�i oz,,9 IB uod ops:+eI- TRe ibRrufdliEarsJmh61e1Nedl[Aw me aaaaae a10 R0eflrrNbfr tunedud M dia Mld Erna M YdllfRlelial rmlava0 from MEe+P[)id urdm mndfitrn EeFdrl ora drud ile aM Irfldl ra mal HU IabalY anJ fro dab male arable ztaegrdlt n!e die land ma) wpge! rtoddcalan dpa abrmabn. Re 4o M a5wn! ar % Te0vrt41A am tlY reve d 6.ae Tire rlMeuy.+n d luminM �qm Wn6M1On IMI Itle fawn rea!rvelp a Naa make ti mn deArrn.bOi� tl M iiadAf tl!a maaHal brfrw Oaaecubr W renae S1RrwCbm"cmpo" papa* State of Florida Department of State 1 certify from 0tc records of this office that SHRIEVE CHEMICAL COMPANY. LLC is a Teaes limited liability company authorvxd to transact business in the State of Florida, qualified on January 24, 2022. TM; document number of this limited liability company is M22000001 143. I further certify that said limited liability company has Intid all fees due this oRcc through Dcumber 31, 2022 and tttit its status is active. I further certify that said limited liability company has not filed a Certificate of Withdrawal. Gi— wwdrr tut• hwwd wwd d,e l eewt Seal wf the Smle uj 17ne1dw m Twllwlr—re, he Cwpirwl. thk ehr Twvnrieth dqr f./nne, 1022 +r Secretuty of !tau Tr dit ttNNWn 92wa7w7lt rwrrwtr dhbs.natom..utmrr.w..ine•ne.merlw.wake.wsathew tvbw IM1e �OrRlVua(vplae..L hlhtw vnkeaaaw.me'tiYwrJl: erwtie.l e—fieulr.\utheneiralun CERTIFICATE —ER CANCELLATION Snrlwa Cnamlcal company $nriav0 pmE� E�L�aExD� C lNrmical ProEucls ccoawxcE vniN mE aaKr mmnsxuls. OVE°eo IN 1442LYFo Front Circle $.lto 5W TM Wo dl-d , WA T3]SD •euasesexrame ®19aII013A ORD CORPOMTION. All MpMa roaYrvM. A—D 25 N-31 1 of2 TiN ACORD name anY NqR ara reYiaterM marls of ACORD Y$777527yB311W5/M]]641071]1 SALT Shrieve Chemical Company, LLC 1 tt`taa l ua 1—. Suis w Tlu •'vied. T— I �n t �lu.ru.nl I'JI I bJ�IS �a IYcndv 1 naa� nnraapllaJrr.r � August 19. 2022 Palm Beach ('ounly Florida Purchasing Dannmcnt 50 South Military TmiL Suite 110 West Palm Beach. Florida 33415 Re: Aullnr'¢stion to bind Shrieve tltemical Compans. LLC (the'Camo —) To whom it nut) cmccm. Chris Burns is the Marketing Manager of 1he Compuny and is aullnwd to negative mW otter into tmnsaciions and documents on behalf of and in the Iwrle of Shrine ChemicN Comi my, 1.1 C in amneditm with Palm Beach County Florida. IFB# 22-021 RAfR fur Sulfuric Acid. Set frth opposite his title is a genuine specimen of0wis Burin: Name tide Simuurc Chris Bums Markeing Manager Thank ,vau for your assistance with retard to this matter. Ple sa M me know if you have further yuestkau. Sincerely. ✓/ Ted Than BI President