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Documentation_Regular_07_04/13/2017
a r /r . e 1. 4. 4iNw O *it Cou$ Memorandum Utilities Department To: Michael Couzzo, Village Manager From: Sam Heady, Deputy Director of Utilities Date: 3/3/16 Subject: Piggy Back Contract for Liquid Caustic Soda I respectfully present the following Comprehensive Analysis to the Village Manager. The City Boynton Beach, Florida has awarded a contract to Brenntag Mid - South, Inc for the procurement of Liquid Caustic Soda 50 %. The Village would like to use the existing contract to piggyback. Cost of chemical: $543 per ton. Village of Tequssta Date: 3/132017 Purchase Order Requisition Date Purchase Order is Req'd: 4/142017 (MM a Purchase Order) Department WTP *wised Janus" si, son Req. t •ifless than three, seict Quotes Received: option bebw Recommended Vendor Vendor#: Vendors Brenntag Add-South. Inc 01003 Brenntag Mid - South. Inc Address: 250 Central Florida Parkway City: Orlando State & Zip: FL 32824 :Option h Option 1 - This Is an emergency purchase. Damage to Village facilities, personnel or serious damage to Village programs will result if prompt action is not taken. IS • . • • 2 Option 2 - This is a ' piggy - back" purchase. Please see attached Piggy-back Cheddlst ❑options Option 3 - This is a Sole Source Purchase. Sole source defined: only one person or company can provide the goods or services needed. aption 4 Option 4 - This is a Single Source Purchase. Single source defined: purchase of goods or services in which an alternative may be available, but may not be feasible, practical or cost - effective to seek competitive bids. ❑option 5 Option 5 - This is the a year of a previously approved, multi -year contract. My Additional Commentr This PO Request is for the approval of a contract between Brenntag Mid-South, Inc. and the Village of Toquest for the purchase of Liquid Caustic Soda 50% for the Water Treatment Plant. This is a Piggy Back Contract with the City of Boynton Beach, FL (025 - 2821- 15/JMA) March 2, 2017 - Msrch 1, 2018. Available Balance Item Description Qty. unit Price Total Cost Account 0 (Finance Use Only) 5C% cause soda Dry Ton 40 $ 543.00 $ 21,720.00 401- 242 552.342 S - $ S S S - S S TotaF S 21,720.00 Ftnance/Administratlw Use OnM, The Department DtaitlWS / Designee's signature below wain .. 1) Ns pu dnaa order requisition is complete and in immanence __. he 1rYageS Pur:Maing Polities and Procedures and (2) a pro ureraant • have been sawed Department Director! Designee Signature: t�i "1717A ' Date: 2 i The Mane Dspabnent sigmas* below =Ms =Ms Oat (1) � _ / approved by an aumhadsed Department Deader /assignee. (?) ba eorwct account mambas Awe been used and (A there is • , *rift in She =aunts listed Finance Signature: Date: Village Manager Approval: Date: Village Council Approval: Resolution it Date: THE VILLAGE OF TEQUESTA PIGGYBACKING CHECKUST Instructions: This form is to be completed for any purchase of goods, or contract for services where the Village will utilize a contract competitively bid by another governmental agency (i.e. "Piggyback "). Department: Utilities Date: 3/13/2017 Item /Service Provide Sodium Hydroxide (Caustic) for the Water Plant Vendor /Service Provider Brenntag Mid- South, Inc NM State Contract # © Other Governmental Agency *Chapter 287, F.S. If piggybacking a State Contract please stop here. Name of Govemmental 1 Agency City of Boynton Beach (025 - 2821- 15 /1MA) YES NO Is the contract current? Effective date: 03/2/2017 Expiration © MO 2 Date:_03 /01/2018 _ NEM 3 Was item /service bid out in compliance with the Village's Purchasing Policies & Procedures? Is the price that the Village will receive by piggybacking equal to the price obtained by the agency © _ 4 named above? 5 Does the contract contain an assignability clause? If the answer to question *5 is no, has the governmental agency given the Village permission to © MO 6 piggyback on the contract? © ME 7 Has the vendor/service given the Village permission to piggyback on the contract? 41t Department H - i ature Date December 28, 2018 BID NAME: "ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA" BID NO.: 025 - 2821- 15(JMA Agreement between the City of Boynton Beach and Brenntag Mid - South: BID RENEWAL TERM: MARCH 2, 2017 TO MARCH 1, 2018 Yes, I agree to extend the existing bid under the same Terms, Conditions and Pricing. Yes, I agree to extend the existing bid with the same Terms and Conditions but with the following No, I do not wish to extend the bid as explained below; BRENNTAG MID )4f SIGNAARE NAME o c )� bbi -�-� 1 Anti'�� C.� mora e F REPRESENTATIVE TITLE J Please Print 1 2_1281 2016 800' 8 x 3213 DATE (AREA CODE) TELEPHONE NUMBER E M AI LL A S Q .t'L2 America's Gateway to the Gulf Stream The City of Boynton Beach Pnxlirrmrrrr Servicer / 100 E. imam &wch Daulctiwrd P.O. Box 310 \ Bu rrrar Hawk. Ftart& 33425 -0310 refrphorre Na_ (561) 742 -6310 FAX 1561) 743 -6316 February 20, 2015 Brenntag Mid - South, Inc. 250 Central Florida Parkway Orlando, FL 32824 ATTN: Mr. Joe Funlchouser RE: "ANNUAL SUPPLY OF SODIUM HYDROXDE (LIQUID CAUSTIC SODAr ED No.: )25- 2821- 15IJNIA alp TERM MARCH Z 2015 TO MARCH 1, 2016 [ear Mr. Funkhouser: At the Cltyy Commission meeting of February 17, 2015, the BId for "ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA)" was awarded to your Company as the lowest, most responsive bidder at 5498.00 per dry ton_ Enclosed is the Bid Tabulation Sheet for your review. We look forward to another year of Brenntag supplying the City with sodium hydroxide for our Utilities Department_ Please forward a current Certificate of Insurance naming the City of Boynton Beach as an additional insured to Julianne Wlorandi at alkangliataus at your earliest convenience. If you have any questions, please do not hesitate In contact us at (561) 742 -6322. Sincerely Z Tim W. Howard Doctor of Financial Services Enclosure: Tabulation Sheet c: Bevis Pigott, Mies Division Manager 0 Q Leon Llberus, Chief Operator WWTP qJ� Central Fite Fie 9 America's Gateway to the Gulfstream • 'atomism the vendor listed herein are the only otters BID DUE DATE: JANUARY 9, 2015 received emay as of The above rrCerivinp data and lima BID DUE TIME 2:30 P.M. all Omer offers submitted in response to this soliohaion, BID NC).: 025 - 2821- 15JJMA if are. are t,,,,sby *acted as Ifill" VENDORS ALUED UNIVERSAL CORPORATION 111. 1 KEY CHEMICAL INC. 3901 NW 115 Avenue 250 Central Florida Parkway 9503 Dovaerood Placa Miami, FL 33171 Orlando, FL 32924 WWoihaN, NC 15173 Tel.: (Job) 090-2675 Tel.: (407)8574919 TeL: (794) 843.9873 Fan: (30) 4834309 Fax: (407)8513512 Fax: 1704)973-9281 E -mail: cathieg®elNeduMvoreal.00r» Email: aahachebrenMag,00m E. veil; tyritaeaM9eychetaiealine.00m Contact: Cevawina i3oitiarmod Contact: Joe Funkhouser Conant: Toni Slimes BIDDER ACKNOWLEDGEMENT YES YES YES SUBMITTED SPECIFICATION CHECK OFF SHEET YES YES YES SUBMITTED - page 4 PRICE PROPOSAL • 80% SOLUTION SODIUM 8610.55 $408.00 ;5M HYDROXIDE - UNIT PRICE PER DRY TON CERTIFICATE OF COMPLIANCE/ANALYSIS YES YES YES SUBMITTED MATERIAL SAFETY DATA SHEETS (MSDS) YES YtS YES SUBMITTED CALENDAR DAYS FOR DELIVERY 2 to 3 2 to 3 3 SUBMITTED NON COLLUSION AFFIDAVIT YES YES YES SUBMITTED ANTI -KICK BACK AFFIDAVIT YES YES YES SUBMITTED MINORITY OWNED BUSINESS YES/NOT A MINORITY YESiNOTA MINORITY YES/NOT A MINORITY SUBMITTED OWNED BUSINESS OWNED BUSINESS OWNED BUSINESS DRUG FREE WORKPLACE YES YES YES SUBMITTED COMMENTS The City of Bo nto,i Bea h Fi . nce/ProcurementServices (` 100 Boynton Beoch Boulevard P.O. Box 310 Boynt n Beoch, Florida 33425 -0310 r Telfphone Na: (562) 742 -6320 FAX (561) 742 -6326 January 26, 2016 Brenntag Mid-South, Inc, 250 Central Florida Parkway Orlando, EL 32824 ATTN: Mr. Joe Funkhouser RE: "ANNUAL SUPP OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA)" BID No.; 025- 2821.151JM CURRENT BID TERM H 2, 2015 TO MARCH 1, 2016 Dear Mr. Funkhouser: The bid term for the "Annual Supply of Sodium Hydroxide" will expire March 1, 2016, The Bid Documents allow for three additional one -near extensions with the same terms, conditions and pricing. The City of Boynton Beach would like to renew the existing Bid for an additional one-year term. We appreciate your quality roduct and service. Therefore, if you agree, upon City Commission approval, we would extend the exist! Bid from March 2, 2016 to March 1, 2017. Please indicate your respo on the following page and return it to Finance/Procurement Services at your earliest convenience, a look forward to continue working with you and your Company. If you should have any questions please feel free to call Julianne Alibrandi, at (561) 742 -6322 or a -mad at allbrandiiabbfl.us. Thank u. Sincerely. Tim W. Howard Director of Financial Services cc: Bevis Pigott — Manager, Water Treatment and Quality Leon Liberus — Chief O for - WWTP File America's Gateway to we Gulf Strewn n % r BID NAME; "ANNUAL S!IPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA)" BID NO.: 025 - 2821- 15rJMA Agreement between the City of Boynton Beach and Brenntag Mid - South: BID RENEWAL TERM: MA H 2, 2016 TO MARCH 1, 2017 X Yes, r agree to exte the existing bid under the same Terms, Conditions and Pricing. No, I do not wish to $xtend the bid as explained below; I I BRENNTAGIND -SOUTH . . I i SIG �- %) !!/ 1 .*c1 mono. c, NAME F REPRESENTATif /E TITLE Please Prhnf II I 0E10 112_01(40 606- Vito. VI 9-9 x 3213 DATE (AREA CODE) TELEPHONE NUMBER 0 0 1 0 iri. 1., . • br EMAIL ADP - — America's Gateway to the Gulf Stream 1 The City of Boynton Beach Procurement Services 1000. &Perm Beach $oidevand A_Q Box 310 ■ BoYn1an Beach, Florida 33425 -0310 Telephone No: (501) 7474310 FAX (561) 74 ?{316 March 7, 2016 13renntag Mid-South, Inc. 250 Central Ronda Parkway Orlando, FL 32824 ATTN: W. Ray Sibbitt RE: ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA)" BID No.: 0254621 WJMA B&) RENEWAL TERM MARCH 2, 2016 TO MARCH 1, 2017 Dear Mr. Sibbitt: At the City Commission meeting of March 1, 2016, City Commission approved a one -year extension b the Bid for the "Annual Supply of Sodium Hydroxide (Liquid Caustic Soder with Brenntag Mid-South, Inc. Please forward a current Certificate of insurance naming the City of Boynton Beach as an "additional insured" for General debility to Julienne Alibrandl at allbrandllebbfl.us at your earnest convenience. If you have any questions, please do not hesitate to contact us at (561) 742 -6322. Sincerely, <19 2; ' — ' 1 "" )\-142° Tim W. Howard Drecdor of Financial Services c: Bevis Pigott, Manager — Water Treatment and Quality Leon Liberus, Chief Operator WWTP Central File Fie America's Gateway to the OWS1tnewn '?,,,,Rcit CERTIFICATE OF LIABILITY INSURANCE I DATEIMM/DQ1rYYY) 0072015 THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(iss) must be endorsed. If SUBROGATION 18 WAIVED, subject to the teens and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER =INTACT Marsh USA Inc. 1717 AO Street 1 FAX Nsu Pnlladalchia PA 19103 -2797 W NW SS: INSSRERF31APPORDIN9 COVERAGE NAIC >r 42e780 'ALL GAw l E 17 om A f rumps CoTpa ty Of The 51aIe Of PA _ 19429 INSURED INSURER e : ACE American Insurance Company 22657 BRENNTAG MID-SOUTH. INC. '405HIG- IYIAY 43614EST WE UP.' ERC: Indemnity Insurance CcrnproyOr Norm Americo 43575 — h ENDERSOM, XY 42120 INSURER D : APR GeneIal ULJIH'ICe Com0Bhy 42757 Mena E : ACE Flro L iErwrilers 20702 — INSURER F : — COVERAGES CERTIFICATE NUMBER: CLE 004786796 - 19 REVISION NUMBER:5 THIS IS TO INDICATED, CERTIFY NO ANY REQUIREMENT TERM OR TION OF ANY CONTRACT OR OTHER INSURED DOCUMENT W1TH RESPECT TO WHICH R TH HI IS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. T ADOL Writ POLICY OFF ; POLICY Cp W LTR TYPE OF INSURANCE ! INSD VD . POLICY NUI R If∎VOLI YYYYI RI LINTS A X COMME aCIAL GENERAL LIABILITY GL2638373 0110112016 '01111112017 EACH OCCURRENCE S 1,000,000 CLAIMS-MADE r J OCCUR DAMAGE TO RENTED PREMISES rEa otirunenml 3 1.000.000 MED EXP (My am poison( 3 10,000 PERSONAL it ADV INJURY S 1,000,000 GEN'L AGGREGATE U NIT APPLIES PER. GENERAL AGGREGATE 3 1,000,000 XI FOIICY ❑ I ll LOC . I I ' PRODUCTS - COMPfOP AGO S 1,000,000 OTI IER: Y B AMMONIA LIAOIUTY ISAH08867434 0110 01+0112017 COMBINED SINGLE LIMIT s 1.000,000 X ANY AUTO BODILY INJURY (Per parson) $ ALLOWED SCHEDULED - - AUTOS AUTOS j BODILY INJURY (Par accident) 3 HIRED AUTOG NON-CAMEO ti1VE0 �P_erE ! 3 i UNSIIRELLA UAG $ ) OCCUR EACH OCCURRENCE S _. I Excise LIAR CLAIMS -WDE AGGREGATE _ CED I . RETENTION $ S C WORKERS COMPENSATION WLRC48600007 (A05) 000112016 01:0112017 X ! PER AND !MPLOYBts• LIAINUTY . STATUTE I OTH. ER 9 ANY PROPRIETORI�ARTNEIUEStEGUTNE © yin WLRC4B600049 (CA, M4) 01101:'201: 0100112017 - - D OFFICER/SIMMER EXCLUDED NIA E.L. EACH ACCIDENT 3 2,000,000 tfnadrbry In NH) WLRC48 00050 ?N) 000112016 01.10112017 E.L. DISEASE - EA EMPLOYEE 3 2.000,000 E If yyeest demobs under 5CFC48600062 7 , ,' . CESCRIPTUON OF OPERATIONS below :VA) 0100 02010 01/0112017 ! E.L DISEASE - POLICY UNIT S 2,000,100 1 i I DESCRIPTOR OP OPERATIONS 1 LOCATORS 1 VEHICLES (ACORO 1NH. AONSOwI Raman Sohenu * may be Maabd N mon maw is req l I) City of Boynton Beach s included as Additional Insured except $ r Workers Compensation, rfiwe required by written contract 1 CERTIFICATE HOLDER CANCELLATION City of Boyldon Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 100 E. Boynton Mach MA, THE EXPIRATION DATE THEREOF, NOTICE NOILL BE DELIVERED IN Boynton Beath, FL 33425 - 0310 ACCORDANCE WITH THE POLICY PROVISIDNS, AUTHORI2 REPRESENTATIVE of "Tomsk USA Lao. Mana3ht Mukhertee ._! l_ „a.aor.: 0 19aB -2014 ACORD CORPORATION. All rights reserved, ACC RD 25 (20141/01) The ACORD name and logo are registered marks of ACORD T"he City of Boynton Beach Finance/ProcurementServices - 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425 -0310 Telephone No: (561) 742 -6310 FAX: (561) 742 -6316 December 28, 2016 Brenntag Mid- South, Inc. 250 Central Florida Partcway Orlando, FL 32824 ATTN: Mr. Ray Scbbitt, District Manager RE "ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA)" BID No.: 025 - 2821- 151J11A CURRENT BID TERM: MARCH 2, 2018 TO MARCH 1, 2017 Dear Mr. Stitt~ The bid term for the Annual Supply of Sodium Hydroxide' AI expire March 1, 2017. The Bid Documents slow for two additional one-year extensions with the same terms, conditions and pricing. The City of Boynton Beach would Ilse to renew the existing Bid for an additional one-year term. We appreciate your quality product and service. Therefore, if you agree, upon City Commission approval, we would extend the existing Bid from March 2, 2017 to March 1, 2018. Please indicate your response on the following page and return k to France/Procurement Services at your earliest convenience. We look forward to continue working with you and your Company. If you should have any questions, please feel free to call Julianne Al brandi, Sr. Bayer, at (581) 742 -6322 or E-mail at alibrandijabbfl.us. Sincerely, miage 42, Tim W. Howard Assistant City Manager - Administration Director of Financial Services cc: File America's Gateway to the Gulf Stream 0 December 28, 2016 i) BID NAME: "ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA)" RID NO.: 025 - 2821- 15(JMA Agreement between the City of Boynton Beach and Brenntag Mid- South: BID RENEWAL TERM: MARCH Z 2017 TO MARCH 1, 2018 Yes, 1 agree to extend the existing bid under the same Terms, Conditions and Pricing. V Yes, I agree to extend the existing bid with the sane Terms and Conditions but with the following pricing l yi 4 D943 ' No, 1 do not wish to extend the bid as explained below; BRENNTAG MID-SOUTH �� i SIGNA*J 12� a bbi+i- i)k4 Man/ r NAME OF REPRESENTATIVE TITLE Please Print 10_11912_01 650' 8g /01 ( 12 r 1 X 321.E DATE (AREA CODE) TELEPHONE NUMBER E DR S OrtL. America's Gateway to the Gulf Strecm ConnertingChemistry 6RENNTAG December 18, 2016 Attention! Tim W Howard The City of Boynton Beach Procurement Division 100 E. Boynton Beach Boulevard Boynton Beach Florida 33425 RE: Renewal of Contract 025- 2821- 151JMA, Liquid Caustic Soda Dear Mr. Howard, Thank you for the interest in renewing our Caustic contract. Unfortunately, due to cost increases we received we are unable to renew at your current cost of $498 per ton. Brenntag Mid -South would like to offer a price increase of $45.00, bringing the new cost to $543 per ton. have attached the section of the contract pertainif gf o"cast increase requirements. We look forward to continuing business and providing the highest quality and service to The City of Boynton Beach and neighboring Citys. Attached are six increase letters we received just after the above referenced bid. We look forward to your acceptance in this increase and continued business, please keep me posted. Please contact me directly with any questions or concerns at 407- 857 -9310 x3213 Sin &y, Stephanie Ubach Florida / S. Georgia District Admin Braintap 111d4a" Inc. 250 Control Florida Parkway odardo, FL 32824.7601 The City of Boynton Beach Finance/Procurement Services 100 E. Boynton Beach Boulevard r'.p. Box 310 ,, I Boynton Beach, Florida 33425 -0310 Telephone No: (561) 742 -6310 FAX: (561) 742 -6316 December 8, 2016 Brenntag Mid-South, Inc. 250 Central Florida Parkway Orlando, FL 32824 ATTN: Mr. Ray Sttbitt, District Manager RE: "ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA)' BID No.: 025- 2821- 151JMA CURRENT BID TERM: MARCH 2, 2016 TOMARCH 1, 2017 Dear Mr. Sib bitt: The bid term for the "Annual Supply of Sodium Hydroxide' wilt expire March 1, 2017. The Bid Documents allow for two additional one -year extensions with the same terms, condtions and pricing. The City of Boynton Beach would like to renew the existing Bid for an additional ore -year term. We appreciate your quality product and service. Therefore, if you agree, upon City Commission approval, we would extend the existing Bid from March 2, 2017 to March 1, 2018, Please Indicate your response on the following page and retum it to FinancetProcurement Services at your earliest convenience. We look forward to continue working with you and your Company, If you should have any questions, please feel free to call Julianne Alibrandi, Sr. Buyer, at (561) 742 -8322 or E -mail at atitrrandijObbfl,us. Sincerely, Tim W. Howard Assistant City Manager - Administration Director of Financial Services cc; Bevis Pigott — Manager, Water Treatment and Quality Leon Uberus — Chief Operator - WWTP File America's Gateway to the Gutf Stream t- December 6, 2016 BID NAME "ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA)" BID NO.: 825 - 2821- 151JMA Agreement between the City of Boynton Beach and frenntag Mid - South: BID RENEWAL TERM: MARCH 2, 2077 TO MARCH 1, 2018 Yes, I agree to extend the existing bid under the same Terms, Conditions and Prlcing. X No, I do not wish to extend the bid as explained below: 0_I,4 increlase.. Doe lime (1-16.41 On lnt_IV0C6e. pl!opMa.( a -ached BRENNTAG MID -SOUTH SIGN AT 1R NAME ( J REPRESENTATIVE TITLE U Please Print (-D9rE t 4 2 0111 0 8 9 6 1 1 1 1 8 X 62,13 (AREA CODE) TELEPHONE NUMBER d bann *Gt .C'om EMAIL ADDR America's Gateway to the Gulf Srrenm COST ADJUSTMENTS: The City acknowledges the fluctuating nature of prices for items specified. Accordingly, an escalation/reduction clause will be accepted tor the renewal periods of the bid for the following conditions: 1. Price increase(s) and price decrease(s) comparabie to documented manufacturer's price changes; 2, Receipt of proper notification to the Purchasing Department, in writing, of all items affected by price Increases/decreases; 3. All price increase(s) and decrease(s) are to be approved by the Finance Director and shall remain in effect for a minimum of one (1) year from the request date or to the and of the contract period, whichever occurs first; 4. Successful bidder shall also pass on to the City any decrease(s) in the item costs. The City may, after review, refuse to accept the adjusted costs if they are not properly documented; increases are considered to be excessive; or decreases are considered to be insufficient_ In the event the City does not wish to accept the adjusted costs, and the matter cannot be resolved to the satisfaction of the City, the City reserves the right to cancel the contract upon giving sixty (60) days notice to the ContractorNendor. CI �+�� /'� ALKALI � � A TM - 1LOR ALKALI 400 Stuart Raid, NE ae eland, Tenets. 7312 PRODUCTS AND VINYLS Rhone, 423/336-4850 • Fu: 423/ -4830 h11erriet Address: rwrer.olirlchloralkall.wm February 18, 2016 Mr. Ron Johnson Brenntag Mid-South, Inc. 250 Central Florida Parkway Orlando, FL 32824 -7601 SUBJECT: Caustic Soda Price Increase Announcement Dear Mr. Johnson: Effective immediately or as contract terms permit, Oiin is increasing the price of diaphragm (commercial) and membrane grade caustic soda by $30 per dry short ton (DST) in the U.S. and CAD $35 per dry metric ton (DMT) in Canada. Prices are per net ton, 76% Na20 basis, ex. works. This price increase applies to the caustic soda soli by the heritage Olin Chlor Alkali Products and Blue Cube Chlor Alkab and Vinyls businesses, whfch have been combined into the newly formed Olin Chlor Alkali Products and Vinyls division as of 1Q 2018. Our order control program based on 100% allocation remains in effect, as are 30 day lead times for barge shipments and 15 days for railcar shipments until further notice. Your aocount manager will be in contact with you to answer any questions you may have regarding this price announcement and order control program. We appreciate your business and your confidence in selecting Olin as your supplier. Sincerely, Michael S. Dye Vice President — North American Sales Olin Chlor Alkali Products and Vinyls O liu. Tai CHLLR ALKALI 490 Stuart Read, NE. Cleveland, Tennessee 37312 PRODUCTS AND VINYLS Mlsme423t336-4880 • Fax 423!336 -4830 tAddress: wuwr,olinchlaraeaccom March 30, 2016 Mr. Ron Johnson Brenntag Mid- South, inc. 250 Central Florida Parkway Orlando, FL 32824 -7601 SUBJECT: Caustic Soda Price increase Announcement Dear Mr. 3ohrsan: Effective immediately or as contract terms permit, Olin Chlor Alkali Products and Vinyls is increasing the price of diaphragm (commercial) and membrane grade caustic soda by $25 per dry short ton (DST) in the U.S. and CAD $30 per dry metric ton (DMT) in Canada. Prices are per net ton, 76% Na20 basis, ex. works, Our order control program based on 100% allocation remains in effect, as are 30-day lead times for barge shipments and 15 days for railcar shipments until further notice. Your account manager wif! be in contact with you to answer any questions you may have regarding this price announcement and order control program. We appreciate your business and your confidence in selecting Olin as your supplier. Sincerely, Rene Witham Marketing Director, North American Caustic Soda Olin Chlor Alkali Products and Vinyls O lin. CHLLR ALKALI 4B0 Stoat Fboad, ME, Cleve land, Tennessee 37312 PRODUCTS AND VINYLS Phone: 4231336-4850 • Fax 425/335-4430 Irdarna.Address: mYYw.oxncdioralkall.cam April 28, 2016 Mr. Ron Johnson Brenntag Itild- South, Inc. 250 Central Florida Parkway Orlando, FL 32824 -7601 SUBJECT: Caustic Soda Price Increase Announcement Dear Mr. Johnson: Effective immediately or as contract terms permit, Olin Chlor Alkali Products and Vinyls is increasing the price of diaphragm (commercial) and membrane grade caustic soda by $30 per dry short ton (DST) In the U.S. and CAD $35 per dry metric ton (DMT) in Canada. Prices are per net ton, 76% Na2O basis, ex. works. Our order control program based on 1 00% allocation remains in effect, as are 30 day lead times for barge shipments and 15 days for railcar shipments until further notice. Your account manager will be in contact with you to answer any questions you may have regarding this price announcement and order control program. We appreciate your business and your confidence in selecting Olin as your supplier. Sincerely, 0 ,,V, AA:141440 Rene Whigham Marketing Director, North American Caustic Soda OUn Chlor Alkali Products and Vinyls Mk. TIA CliLOR ALKALI 490 Swart Rosd. NE, Cleveland, Tennessee 37312 PRODUCTS AND VINYLS Phone: 423/336.4660 • Far 423/3364ex Internet Address: wancolladalerakitco May 20, 2018 Mr. Ron Johnson Brenntag Wad- South, Inc. 250 Central Florida Parkway Orlando, FL 32824 -7601 SUBJECT: Caustic Soda Price Increase Announcement Dear Mr. Johnson: Effective immediately or as contract terms permit, Olin Chlor AUtali Products and Vinyls is increasing the price of diaphragm (commercial) and membrane grade caustic soda by $40 per dry short tan (DST) in the U.S. and CAD $45 per dry metric ton (DMT) in Canada. Prices are per net ton, 76% Na20 basis, ex. works. Our order control program based on 100% allocation remains in effect, as are 30 day lead times for barge shipments and 15 days for railcar shipments until further notice. Your account manager will be in contact with you to answer any questions you may have regarding g � this price announcement and order control program. We appreciate your business and your confidence in selecting Olin as your supplier. Sincerely, Rene Whigham Marketing Director, North American Caustic Soda Olin Chlor Alkali Products and Vinyls • CHLOR ALKALI 4$1) Stuart Rout NE, Cleveland, Ten gee 373?2 PRODUCTS AND VINYLS I Ada,�d 4231316-4850 ,�rww anchor 3 n June 27, 2016 Mr. Ron Johnson Brenntag Mid -South, Inc. 250 Central Florida Parkway Orlando, FL 32824 -7501 SUBJECT: Caustic Soda Price Increase Announcement Dear Mr. Johnson: Effective immediately or as contract terms ermit, Olin Chlor Alkali Products and d Vinyls is increasing the rice of diaphragm (commercial) and me P ( ) membrane grade caustic soda by $50 per dry short ton (DST) in the U.S. and CAD $55 per dry metric ton (DMT ) in Canada. Prices are per net ton, 76% Na20 basis, ex. works. Our order control program based on 100% allocation remains In effect, as are 30 day lead times for barge shipments and 15 day lead times for railer shipments until further notice. Your account manager will be in contact with you to answer any questions you may have regarding this price announcement and order control program. We appreciate your business and your confidence in selecting Olin as your suppler. Sincerely, j,e/difikOvi? Rerie Whigham Marketing Director, North American Caustic Soda On Chlor Alkali Products and Vinyls O L.a ILOR ALKALI 490 Stuart Road, PE, Cleveland, Teatimes $7312 PRODUCTS AND VINYLS -�0 • Fax: 423133 0 lnbmet Address: w• w.atindioragce li.eom August 22, 2016 Mr. Ron Johnson Brenntag Mid - South, Inc. 250 Central Florida Parkway Orlando, FL 32824 -7601 SUBJECT: Caustic Soda Price Increase Announcement Dear Mr. Johnson: Effective immediately or as contract terms permit, Okn Corporation's Chlor Alkali Products and Vinyls Division is increasing the price of diaphragm (commercial) and membrane grade caustic soda by $80 per dry short ton (DST) in the U.S. and CAD $85 per dry metric ton (DMT) in Canada. Prices are per net ton, 76% Na20 basis, ex. works. Our order control program based on 100% allocation remains in effect, as are 30 day lead times for barge shipments and 15 days for railcar shipments until further notice. r6 p Ys A Your account manager will be in contact with you to answer any questions you may have regarding this price announcement, the order control program, and factors driving the current price increase. We appreciate your business and your confidence in selecting Olin Corporation's Chlor ANkeh Products and Vinyls Division as your supplier. Sincerely, 0 /E OYA44.1) Rene Whigham Marketing Director, North American Caustic Soda On Chlor Alkali Products and Vinyls Stephanie Ubach /Mid - South /Brenntag Front TrackingUpdates @fedex.com Sent Monday, December 19, 2016 11:23 AM To: Stephanie Ubach /Mid South/Brenntag Subject FedEx Shipment 777974966759 Delivered Your package has been delivered Tracking # 777974966759 . Ship date: Delivery date: Fri, 12/16/2016 Mon, 12/19/2016 11:17 Stephanie Ubach am ftward ii,-, Orlando Bren , Mid-South Cly f e oynton Bch US De1lyered 100 E. Boynton Beech Blvd BOYNTON BEACH, FL 33425 US Shipment Facts Our records intricate that the following package has been delivered. Trackkig number. 777974988789 Status: DeNvered; 12/19/2018 11:17 AM Signed for By I.RAYMUNIO Reference: Branch 52 Signed for by: I.RAY1I UNIO Delivery location: BOYNTON BEACH, FL Delivered to: Receptionist/Front Desk Service type: FedEx 2Day Packaging type: FedEx Envelope Number of pieces: 1 Weight: 0.50 Ib. Special handling/Services: Deliver Weekday Standard transit: 12/20/2016 by 4:30 pin 1 • 0- • . • • :•_._ , _ _.....,,,,....„.:...,.:.,,,..1„,!., .)....„.......„,,,z... .. ., ... . . .. " ;10 Ek . FOR BIDS . . •_, . .._. .. .. . ,,,,,,,,,,,,,,,,,,,,: ,•,.....z..„.,:,...-,- • ..,e.,:, : F ..a . ' E :;;T.z:s'i,'•: ,,,,, ; • , ,.,..?..„., ,...„.., . ,_.:•,::.•, • • ALSUPPLY" F SODIUM HYDROXIDE • .,.,... .•:.,14, ;` • - -- (Lictieb CAUSTIC:SODA) _, . . ,....,„ ,..- ..,,.. )- -..,,,,,, i .;•.; ' DI§ •N .. 0 2821-15/JMA • - •-,,- . . , . „-d- .i.a • , . . ,. • , , . . , .. . ' •Kiz‘.4-6'.4.-- ', . , .. , • . r • 1: ..A„-: :. ,...,: , --- - - - • - C4,'.? ,„„•,,. .4v. L., . . t '. '' :".;:t . - , :- . I : ::: 2 *, 1, 1:1 ,... .. , .. 1 ... - 'c • _, • .0 . .,: .., 7 , 4 „ , ... z. „--.;,:,•: . ,:.; : .,, , e i..1:.•.: ... ..• , .., ... „,..,-• • •., , '''' , 5',; 49. ' ...:,;' • . "''. : :1 : ..!:* ..." • . . . . ,.: -4- Iti-- *' 4 ' _,:.., -•'- . ,. .- L':. ' . T''' '''.;4;. „ j .,, ' . s .,* ,. ', ;'...;-,',.:.;• .....-§' '':.. , . . . • - . . .... '. '-;'''-, .: ..'- ■.' ' ' ','' ' . .:_ G DA f': JANU ' r.,, .... : ....:-..- .._ _ ...,:-.. -.-..... 4 • 7.1; ....:L " f. i [1 ,r.1. ..4.,11,L L' • .. . i• -. ' ,- - r :. • _,:.,..„ C; `.; T. •-, • _... _ . -,. . ,,...., ..• , r. • . REQUEST FOR BID FOR ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA) BID No.: 025-28214 5h.IMA Sealed bids will be received in PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, or mail to P.O. Box 310, Boynton Beach, Florida 33425 -0310 on or by: JANUARY 9,2015: No Later Than 2:39 P.M. (Local Timel. Bids will be opened in: FINANCEIPROCUREMENT SERVICES -CITY HALL 2ND FLOOR unless otherwise designated. ATTENTION ALL INTERESTED RESPONDENTS: Copies of this solicitation package may be obtained from Demandstar at Onvia at www.demandstar.com or by calling 1- 800 -711 -1712. Dentandstar distributes the City's solicitations through electronic download, by facsimile, or through the United States Postal Service (USPS). Bidders may also obtain bid documents currents from the City of Boynton Beach, Procurement Division 100 E. Boynton Beach Bhvd., Boynton Beach, FL Respondent(s) who obtain copies of this s soifcitatian from sources other than Dernandstar or the City's Procurement t Services Division may potentially risk not receiving certain addendum(s) issued as a result of the solicitation. Bidders shall submit one (1) marked original and three (3) copies of the completed bid package in a sealed envelope to the address above. The Bid Name, Bid Number, and time and date of the Bid Opening shall be clearly marked on the outside of the sealed envelope. Facsimile or electronic responses shall not be accepted. Bids received after the assigned date and time will not be considered. The Procurement Services time stamp shall be conclusive as to the timeliness of filing. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers with regard to map being delivered by a specified time so that a bid can be considered. If no award has been made, the City reserves the right to consider bids that have been determined by the City to be received late due to mishandling by the City after receipt of the bid. CONE OF SILENCE Per Palm Beach County Code Section 2 -355 after the deadline to respond to this Bid, members of the City Commission are prohibited from communicating directly or indirectly with Bidders regarding a particular request for proposal, request for qualification, bid, or any other 2 competitive solicitation until such time as the City Commission (1) awards or approves a contract, (2) rejects all responses, or (3) otherwise takes action which ends the solicitation process. Improper communications during this "Cone of Silence" period may result in a penalty as outlined in Palm Beach County Code Section 2 -357. PUBLIC RECORDS DISCLOSURE: Pursuant to Florida Statutes §119.07, sealed bids or proposals or responses received by the City in response to an Invitation to Bid, Request for Proposal or Request for Qualification are exempt from public records disclosure requirements until the City provides a notice of decision or thirty (30) days after the opening of the proposal/bid. If the City rejects all bids or proposals submitted in response to an invitation to bid or request for proposals and the City concurrently provides notice of its intent to reissue the competitive solicitation, the rejected bids or proposals remain exempt from pubic records disclosure until such time as the City provides notice of a decision or Intended decision conceming the competitive solicitation or until the City withdraws the reissued competitive solicitation. A bid, proposal, or reply is not exempt for longer than twelve (12) months after the initial City notice rejecting all bids, proposals, or replies. Requests for bid or proposal documents should be submitted to the City Clerk's Office. Documents may be inspected wThout charge, but a charge will be incurred to obtain copies. SCOPE OF WORK: The City of Boynton Beach Utilities Department is seeking a firm price, per dry ton, for the purchase of Sodium Hydroxide to be used at the West Water Treatment Plant located at 6469 W. Boynton Beach Blvd., Boynton Beach, Florida. The bid term is for a period of one year with the option to renew for three (3) one-year terms. Any A relative to a item(s) or portion of to Sensor Office Flours: to FRIDAY, 8: . . . CITY OF BOYNTON BEACH ..46 /11• 0° Abli TIM W. HOWARD DIRECTOR OF FINANCIAL SERVICES 3 SPECIFICATIONS FOR "ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA)" Please place an (x) on the blank line next to each item if a specifioatlon is met. If exception is taken (altematwres), bidder must explain using a separate sheet of paper. Bidder must submit specifications "check -off sheets with the proposal sheet in order for a bid to be considered. Scope of Work: The CEty of Boynton Beach Utilities Department is seeking a firm price per dry ton for the purchase of Sodium Hydroxide for one (1) year to be used at the West Water Treatment Plant located at: 6489 W. Boynton Beach Blvd., Boynton Beach, Florida. ✓ 1. Acceptable Standard: Rayon Grade - Sodium Hydroxide ✓ 2. Sodium Hydroxide will be shipped as liquid caustic soda. / 3. Delivery will be a twenty (20) ton minimum load (3.135 gallons). 4. Total Anticipated Annual Volume (not guaranteed) is 115,000 gallons (1,467,400 lbs., or 367 dry tons) of 50% NaOH. 5. The bidder must submit a certificate of compliance and a certificate anaiysis, as to the composition of the product with the bid. 6. The successful bidder's shipper is responsible for matching our receiving tank equipment with their tank discharge system. 7. The successful bidder must supply M.S.D.S. (Material Safety Data Sheets) on the product and conduct a one (1) hour safety seminar on site for staff who wg handle this material. 8. The successful bidder will provide a representative to visit the plant a minimum of two (2) times per year to coordinate shipping, safety, unloading and to inspect the results of product on the feed system. 9. Coordinate all deliveries to the West Water Treatment Plant during the business hours of 7:00 a.m. to 4:00 p.m., Monday through Friday; with the exception of holidays. 4 THIS PAGE TD BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE CAUSTIC SODA, LIQUID (SODIUM HYDROXIDE — NaOH) SO% RAYON GRADE REFERENCE LCD SODIUM HYDROXIDE 4e 0 5 O% BY WT. ACS 1 .17 THQaS (AS NaOH) SODIUM OXIDE 38.0 — 39.5% BY WT. ACS 1.17 (Na20) SODIUM CARBONATE 0.02% (MAX.) ACS 1.15 (Na2CO3) SODIUM CHLORIDE 0.004% (MAX.) CCS 1.15 (NaC1) SODIUM SULFATE 0.01% (MAX.) SCS 5.01 (Na2SO4) IRON (Fe) 4.0 PPM (MAX.) ICS 2.08 MERCURY (Hg) 0.5 PPM (MAX.) MCS 3.07 5 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE GENERAL CONDITIONS FOR BIDDERS EMILIARITY WITH LAWS; The bidder is presumed to have full knowledge of and be In compliance with all Federal, State, and Local laws, ordinances, rules, and regulations that In any manner affect the equipment and the services provided to the City. Ignorance on the part of the bidder will in no way relieve bidder of responsibity to adhere to such regulations. BJD FORM The bidder will submit a bid on the bid forms provided. AN bid prices, amounts and descriptive arformation must be legibly entered. The bidder must state the price and the time of delivery for which they propose to delver the equipment or service requested. The bidder IS required to be licensed to do business as an individual, partnership or corporation in the State of Florida. All bid forms must be executed and submitted in the envelope (generally "yeNow7 provided by the City for easy identification. The bid submittal envelope is provided in each bid package and is attached to the "Statement of No Bid" form. The face of the envelope shall contain the company's name and address, bid title, number, bid date and tare. When the bid submitted is larger than the envelope provided, insert requested information and material into a large envelope, affix the bid envelope to the outside and fill in aN requested information. Bids not submitted on attached bid forms may be rejected. All bids are subject to the conditions specified herein. Bids which do not comply with these conditions are subject to rejection. EXECUTION OF BID; Bid must contain a manual signature of an authorized representative in the space provided on all affidavits and proposal sheets_ NO BID: If not submitting a bid, respond by retuming one copy of the "STATEMENT OF NO BID" in the envelope provided (generally "yellow"), and explain the reason by indicating one of the reasons listed or in the space provided. Repeated failure to quote without sufficient justification shall be cause for removal of the vendor's name from the mailing list. NOTE: To qualify as a respondent, bidder must submit a NO BID" and it must be received no later than the stated bid receiving date and hour. 131D DEADLINE: It is the bidder's responsibility to assure that the bid is delivered at the proper time and place prior to the bid deadline. The City of Boynton Beach is no responsible for the U.S. Mail or private couriers in regards to mail being delivered by a specified time so that a proposal can be considered. Bids which for any reason are not delivered by the deadline will not be considered. If no award has been made, the City reserves the right to consider bids that have been determined by the City to be received late due to mishandling by the City after receipt of the bid. Offers by telegram or telephone are not acceptable. RIGHT TO REJECT BID; The City reserves the right to reject any or all bids, to waive technical errors, or to accept a portion of any bids that are deemed to be the most responsive, responsible bidder(s) which represents the most advantageous bid to the CNy. In determining the most advantageous bid", price, quantifiable factors, and other factors are considered. Such factors include but are not limited to specifications; delivery regr.drements; the initial purchase price; life expectancy; cost of maintenance and operation; operating efficiency; training requirements; disposal value; and other factors contributing to the overall acquisition cost of an item. Consideration may be given, but is not necessarily limited to conformity to the specifications; inducting tamely delivery; product warranty; a bidder's proposed service; ability to supply and provide service; delivery to required schedules and past performances in other contracts with the City or other government entitles. 6 RIGHTS OF THE CITY: The City expressly reserves the right to: A. Waive as an informality, minor deviations from specifications at a lower price than the most responsive, responsible bidder meeting all aspects of the specifications and consider it, if it is determined that total coat Is lower and the overall function Is improved or not impaired; B. Waive any defect, irregularly or informality in any bid or bidding procedure; C. Reject or cancel any or all bids; D. Reissue an Invitation to Bid; E. Extend the bid deadline time and date; F. Procure any item by other means; G. increase or decrease the quantity specified in the Invitation to Bid; H. Consider and accept an alternate bid as provided herein when it is most advantageous to the City. STANDARDS: Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective bidder has: A. Available the appropriate financial, material, equipment, facility and personnel resources and expertise, or the ability to obtain such, necessary to indicate Its capability to meet all contractual requirements; 8. A satisfactory record of performance; C. A satisfactory record of integrity; D. Qualified legally to Contract within the State of Florida and the City of Boynton Beach; E. Supplied all necessary information in connection with the inquiry concerning responsibility. INFORMATION AND DESCRIPTIVE LITERATURE: Bidders must furnish all information requested in the spaces provided on the bid form. Further, as may be specified elsewhere, each bidder must subunit for bid evaluation cuts, sketches, and descriptive literature and technical specifications covering the products offered. Reference to literature submitted with a previous bid or on file with the buyer will not satisfy this provision. INTERPRETATIONS: Any questions concerning conditions and specifications should be directed to this office in writing no later than ten (10) days prior to the bid deadline. Inquiries must reference the date by which the bid Is to be received. CONFLICT OF INTEREST: The award hereunder is subject to an conflict of interest provisions of the Clty of Boynton Beach, Palm Beach County, of the State of Florida. ADDITIONAL QUANTITIES; The City reserves the right to acquire additional quantities of the bid products or services at the prices bid in this invitation. If additional quantities are not acceptable, the bid sheets must be noted "BID IS FOR SPECIFIED QUANTITY ONLY ". 7 SAMPLES:` Samples of items, when called for, must be furnished free of expense, and if not used, tested or destroyed, upon request, will be returned at the bidder's expense. Request for the return of samples may be made within ten (10) days following the bid deadline. Each individual sample must be labeled with the bidder's name, manufacturer's brand name and number, and kern reference. REMONSTRATIONS: Performance of the equipment/services upon request can be deemed a part of the evaluation process in determining the award of bidder. Demonstrations of the merits of the equipmentservices that meet City requirements shah be requested by Procurement Services. Equipment demonstrated shah be a minimum of one (1) year old. All required staff, to be assigned per the individual bid product or service application, will form the Bid Award Committee to evaluate and submit a group award recommendation. The City reserves the right to make separate and independent awards based on its needs and the combined evaluation results. SUBCONTRACTING: If a bidder subcontracts any portion of a Contract for any reason, the bidder must state the name and address of the subcontractor and the name of the person to be contacted on the attached "Schedule of Subcontractors ". The City of Boynton Beach reserves the right to accept or reject any or all bids wherein a subcontractor is named and to make the award to the bidder, who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City. City also reserves the ty ei right to reject a bid of any bidder if the bid names a subcontractor who has previously failed in the proper performance of an award or failed to deliver on time Contracts of a similar nature, or who is not in a position to perform properly under this award. The City reserves all rights in order to make a determination as to the foregoing. AD From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the Contract documents. Since all addenda are available to bidders at Procurement Services, it is each bidder's responsibility to check with Procurement Services and immediately secure all addenda before submitting bids. It is the usual practice for the City to mall an addendum to known bidders, but it cannot be guaranteed that all bidders will receive ALL addenda in this manner. Each bidder shall acknowledge receipt of ALL addenda by notation on the bid and shall adhere to all requirements specified in each addendum prior to submission of the bid. COST ADJUSTMENTS: The City acknowledges the fluctuating nature of prices for items specified. Accordingly, an escalation /reduction clause will be accepted for the renewal periods of the bid for the following conditions: 1. Price increase(s) and price decrease(s) comparable to documented manufacturer's price changes; 2. Receipt of proper notification to the Purchasing Department, In writing, of all items affected by price increases/decreases; 3. All price increase(s) and decrease(s) are to be approved by the Finance Director and shall remain in effect for a minimum of one (1) year from the request date or to the end of the contract period, whichever occurs first; 4. Successful bidder shall also pass on to the City any decrease(s) In the item costs. 8 The City may, after review, refuse to accept the adjusted costs if they are not properly documented; increases are considered to be excessive; or decreases are considered to be insufficient. In the event the Cky does not wish to accept the adjusted costs, and the matter cannot be resolved to the satisfaction of the City, the City reserves the night to cancel the contract upon giving sixty (60) days notice to the ContractorNendor. EXCEP IO NS: Incorporation in a bid of exceptions to any portion(s), of the Contract documents may invalidate the bid. Exceptions to the Technical and Special Provisions shall be clearly and specifically noted in the bidder's proposal on a separate sheet marked "EXCEPTIONS TO THE SPECIFICATIONS" and this sheet shall be attached to the bid. The use of bidder's standard forms or the inclusion of manufacturer's printed documents shall not be construed as constituting an exception within the intent of the Contract documents. ALTERNATES: Where a base bid is provided for, the bidder shall submit a bid on the base bid and may exercise their own prerogative in submitting a bid on alternate items. The Owner reserves the right to accept or reject the alternates or base bid or any combination thereof. The Owner, or a representative, further reserves the unqualified right to determine whether any particular item or items of material, equipment, or the like, is an approved equal, and reserves the unqualified right to a final decision regarding the approval or rejection of the same. NONCONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with specifications under the direction of appropriate testis laboratories. The testing data derived from any tests for compliance wkh specifications are public records and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and returned at vendors expense. These items and items not delivered as per delivery date in the bid and or Purchase Order may result in the bidder being found in default in which event any and all re- procurement costs may be charged against the defaulted Contractor. Any violation of these stipulations may also result in the vendor's name being removed from the City of Boynton Beach's vendor mailing list. DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City Manager shall be final and binding on both parties. ANTITRUST CAUSE OF ACTION: In submitting a bid to the City of Boynton Beach, the bidder offers and agrees that if the bid is accepted, the bidder will convey, sell, assign or transfer to the City of Boynton Beach all rights, title and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and State of Honda for price fixing relating to the particular commodities or services purchased or acquired by the Cky of Boynton Beach. At the Cky of Boynton Beach's discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the bidder. GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions may be i sed which would d necessitate alteration of the material, quality, workmanship or performance of the items offered on this proposal prior to their delivery, It shall be the responsibility of the successful bidder to notify the City at once, indicating in a letter the specific regulation which required an alteration. The City reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the Contract at no expense to the City. LEGAL REQUIREMENTS: Federal, State, County, and City laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder will in no way be a cause for relief from responsibility. 9 ON PUBLIC ENTITY GRIMES - All Invitations to Bid as defined by Section 287.012(11), Florida Statutes, requests for proposals as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287,133, Florida Statutes, which reads as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract or provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public bulking 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 pubic entity, and may not transact business with any pubic entity in excess of the threshold amount provided in Section 287.017. for CATEGORY TWO for a period of 38 months from the date of being placed on the convicted vendor list". ADVERTISING: In submitting a bid, the bidder agrees not to use the results there from as a part of any commercial advertising. Violation of this stipulation may be subject to action covered under "NONCONFORMANCE WITH CONTRACT CONDITIONS ASSIGNMENT: Any Purchase Order issued pursuant to this bid invitation and the funds which may be come due hereunder are not assignable except with the prior written approval of the City. LABILITY: The selected bidder(s) shall hold and save harmless the City of Boynton Beach, Florida its officers, agents, volunteers and employees fro 9 from liability of any kind in the performance of this Contract. Further, the selected bidder(s) shall Indemnify, save harmless and undertake the defense of the City, its City Commissioners, agents, servants an employees from and against any and all claims, suits, actions, damages, or causes of action arising during the term of this Contract, for any personal or bodily injury, loss of life, or damage to property arising directly or indirectly from bidder's operation pursuant to this Contract and from and against all costs, counsel fees, expenses and liabilities incurred in and about any such claims, the investigation thereof, or the defense of any action or proceedings brought thereon, and from and against any orders or judgments which may be entered therein. The City shall notify the bidder within ten (10) days of receipt by the City of any claim, suit or action against the City arising directly or indirectly from the operations of the bidder hereunder, for which the City may be entitled to a claim or indemnity against the bidder, under the provisions of this Contract. Bidder shall have the right to control the defense of any such claim, suit, or actions. The bidder shall also be liable to the City for all costs, expenses, attorneys' fees and damages which may be incurred or sustained by the City by reason of the bidder's breach of any of the provision of the contract. Bidder shall not be responsible for negligent acts of the City or its employees, OTHER GOVERNMENTAL ENTITIES: If a Bidder is awarded a contract/purchase order as result of this ITB, Bidder will, if Bidder has sufficient capacity or quantities available, provide to other governmental agencies so requesting, the products or services awarded in accordance with the terms and conditions of the Invitation to Bld and resulting contract. Prices shall be F.O.B. Destination to the requesting agency. AWARD OF CONTRACT: The low monetary bid will NOT in all cases be awarded the Contract or Purchase Order. Contracts or Purchase Orders will be awarded by the City to the most responsive, responsible bidder whose bid represents the most advantageous bid to the City, price and other factors considered. Evaluation of bids will be made based upon the evaluation 10 factors and standards set forth herein. The City reserves the right to reject any and all bids and to waive technical errors as set forth herein. In the event of a Court challenge to an award by any bidder, damages, if any, resulting from an award shah be limited to actual bid preparation costs incurred by the challenging bidder. In no case will the award be made until all necessary investigations have been made into the responsrbilrty of the bidder and the City is satisfied that the most responsive, responsible bidder Is qualified to do the work and has the necessary organization, capital and equipment to carry out the required work within the time specified. AS SPECIFIED: A Purchase Order wkl be issued to the successful bidder wkh the understanding that all items/services delivered must meet the specifications herein. Items/services delivered not as specied, will be returned at no expense or penalty to the City of Boynton Beach, DELIVERY: Prices shall be quoted F.O.B. Boynton Beach, Florida. F.O.B. destination indicates that the seller is responsible for the shipment until it reaches its destination. Any and all freight charges are to be included in the bid total. The bidder's invoice payment terms must be shown. WARRANTY RE UI E NTS; Each item, including all components and all installed accessories and equipment, shall be guaranteed by the bidder to be free of defective parts and workmanship. This warranty shall be for a period of 385 days or the time designated in the standard factory warranty, whichever is longer. The warranty will be the same as that offered to the commercial trade and shall be honored by any of the manufacturer's authorized dealers. Warranty will cover parts, labor and any necessary shipping. Warranty repairs may be accomplished on City property, if space is available; this will be at the sole discretion of the City. Contact Procurement Services for permission to perform warranty service on City property. The warranty period shall start at the time of acceptance of the work or products by the City. However, in cases where vehicles or equipment are not immediately placed in service, the bidder will provide a delay of warranty start-up time. The period of warranty delay wiIr be coordinated by Procurement Services. PRICES, TERMS AND PAYMENT: Firm prices shall be quoted, typed or legibly printed in ink, and include all packing, handling, shipping charges and delivery to the destination shown herein. Bidder is requested to offer a cash discount for prompt invoice payment. Discount time wi I be computed from the date of satisfactory delivery at place of acceptance or from receipt of correct invoice at the office specified, whichever is later. Upon delivery, the City shall make final inspection. If this inspection shows that the equipment/service has been dekvered/performed in a satisfactory manner in accordance with the specifications, the City shall receive the same. Final payment due the bidder shall be withheld until visual inspection is made by the Warehouse Department and merits of performance evaluated. This total acceptance will be done in a reasonable and timely manner. Acceptance shall not exceed thirty (30) days. If any equipment/service has to be rejected for any reason, the bidder shall be required to pick up the equipment, accomplish the necessary repairs and return the equipment to the City. Warranty repairs may be accomplished on City property if space is available; this will be at the discretion of the City. Title to or risk Toss or damage to all items shall be the responsibity of the bidder, unless such loss or damages have been proven to be the result of negligence by the City. A. TAXES: Do not include State or Federal taxes. Not applicable to municipalities. 11 B. MISTAKES: Bidders are expected to examine the specifications, delivery schedule, bid prices, extensions and all instructions pertaining to supplies and services. Failure to do so will be at bidder's risk. C. DISCOUNTS: WM be considered in determining the lowest net cost. D. CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped as a result of this bid shall be new (current production model at the time of this bid), M containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. E. SAFETY STANDARDS: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall carry U.L. approval and reexamination listing where such has been established. TIME OF DELIVERY_ The bidder shall state in the bid the time of delivery of the commodity. Time is of importance to the City and the bidder is hereby notified that the date of delivery will be considered as a factor in the evaluation of the bids. LICENSE AND PERMITS: It shall be the responsibility of the successful bidder to obtain all licenses and permits, if required, to complete this service at no additional cost to the City. Licenses and permits shall be readily available for review by the Assistant to the Finance Director and City Inspectors. COMPUANCE WITH OCCUPATIONAL SAFETY AND HEALTH: Bidder certifies that all material, equipment, etc., contained in this bid meets all O.S.H.A. requirements. Bidder further certifies that if awarded as the successful bidder, and the material equipment, etc. delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect on date of delivery, all costs necessary to bring the materials, equipment, etc., into compliance with the aforementioned requirements shall be borne by the bidder. Bidder certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements. PALM BEACH COUNTY INSPECTOR GENERAL The contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of any contracts resulting from this solicitation, and in furtherance thereof, may demand and obtain records and test from the contractor and its subcontractors and lower tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested, may be deemed by the municipality to be a material breach of this contract justifying its termination. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City of Boynton Beach Is a public agency subject to Chapter 119, Florida Statutes. The contractor shalt comply with Florida's Public Records Law. Effective July 1, 2013, Section 119.0701, b=ra, Stat., the contractor shall: 12 1. Keep and maintain public records that orderly and necessarily would be required by the City in order to perform the service; 2. Provide the public with access to such public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stet., or as otherwise provided by haw; 3. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 4. Meet al requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. Al reeds stored electronically must be provided to the City in a format that is compatible wfth the information technology of the agency. Failure of the contractor to comply with the provisions set forth in this General Condition shall constitute a Default and Breach of the Agreement with the City. QUESTIONS: Any questions relative to the product specifications of this Invitation to Bid, should be directed to Julianne Alibrandi, Monday through Friday, 8:00 to 5:00 P.M., e-mail: &Ybrandij@bbfl.us. RENEWAL: The bid term may be extended, at the same terms and conditions for three (3) addkional one -year periods subject to vendor acceptance, satisfactory performance, pricing and determination that renewal will be in the best interest of the City. 13 SPECIAL CONDITIONS FOR BIDDERS 1. The City by written notice may terminate in whole or in part any Contract resulting from the invitation, when such action is in the best interest of the City. If the Contract(s) are so terminated the City shall be liable for only payment for services rendered prior to the effective date of termination. Services rendered will be interpreted to include costs of items already delivered plus reasonable costs of supply actions short of delivery. 2. It shaP be the responsibility of the successful bidder to maintain workers' compensation insurance, property damage, Babe ty insurance and vehicular liability insurance, during the time any of Ns personnel are working on City of Boynton Beach property. Loss by fire or any other cause shall be the resoonsibility of the vendor until such time as the items and/or work has been accepted by the City. The vendor shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property. Said insured companies must be authorized to do business in the State of Florida and the City wOI not accept any company that has a rating Tess than B+ in accordance to A.M. Best's Key Rating Guide, latest edition. 3. The City of Boynton Beach reserves the right, before awarding the Contract to require a bidder to submit such evidence of qualifications as it may deem necessary, and may consider any evidence available to it of the financial, technical and other qualifications and abilities of a bidder, including past performance (experience) with the City in making the award in the beat interest of the City. 4. The successful bidder shall at all times guard from damage or loss of property of the City or of other vendors or Contractors and shall replace repair any loss or damage unless such has been proven to have been caused by the City, other vendors or Contractors. The City may withhold payment or make such deductions, as it may deem necessary to insure reimbursement for Toss or damage to property through negligence of the successful bidder or his agent. 5. Vendor to indicate number of business days required for delivery. 14 BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425 -0310 Telephone: (561) 742 -6322 Broadcast Date: December 5, 2014 Bid Title: ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA) Bid Number: 025- 2821- 15/JMA Bid Received By: JANUARY 9, 2015, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Procurement Services unless speed otherwise. Bid receiving date and time is scheduled for: January 9, 2016, no later than 2:30 P.M. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: "Pj{2e,n n k - rir,+ ' . t ' i , 1 re _. Federal I.Q. Number: (Qy . 05(345'45 A Corporation of the State of: tiver4urki Area Code: 4bl Telephone Number: j` 1 -cu i O Area Code: 4-Q'l FAX Number: 85 1. .5 2 Mailing Address: 25) e .a ti -g.a, p DQ-tDA PaR_C to ot- Li ciyIStategip: (pa- VIn(1n q Qe.I big 2x8 24 Vendor Mailing Date: 01.08 C A orized Signature Soe. Vunkhou5.12 Name Typed THIS PAGE TO BE SUBMITTED WIW BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE. 15 PRICE PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA Date: o k • 08'2015 The undersigned declares that he!she has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of product specified. The undersigned proposes to deliver the product in accordance with the specifications for the sum of 60% SOLUTION SODIUM HYDROXIDE: Unit Price per Dry Ton "CMS- hund2ed nine ea U- ° %b WRITTEN AMOUNT — Unit Price pet Dry n ALL PRICES F.O.B. BOYNTON BEACH > Anticipated Annual Volume is 1,467,400 pounds per year or 367 dry tons. • Unit Price per Dry Ton shall be firm through the Contract Period. > Certificate of Compliance/analysis submitted? �5 D Product Brand: Sodium Hydroxide — Rayon Grade — Caustic Soda, Liquid. MSDS submitted? e S • it is further agreed that the product wIO be dehverred within 2 business days from the date of the order from the City. THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 16 BO PROPOSAL =fed D Specification "check -Off' sheets (Pages 3-4) submitted ia• ( &e-nt f \AOA COMPANY NAME SIGNATURE doe, - cu,ni:Alo U5 Ca_. PRINTED NAME ( 1 )851 . 1( ( ) D t IC+C s1116 a TELEPHONE NUMBER TITLE SuJOC.C.h ? 'O Le, M , COti E -MAIL ADDRESS THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 17 NON COLLUSION AFFIDAVIT OF PRIME BIDDER State of n O g-1 DA ) County of 1) 1°►tN�'nE ) 3 0e, Cuathousoz. , being fist duly sworn, deposes and says that: � 1) Shell is l d 151 O \1I of t , (Title) (Name of C oration or Firm) the bidder that has submitted the attached Bid; 2) She/He is fully informed respecting the preparation and contents of the attached Bid and of an pertinent circumstances respecting such Bid; 3) Said Bid is genuine and is not a collusive or sham bid: 4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, frm or person to fix the price or prices in the attached Bid or of any other bidder, or to fix any overhead, profit or cost element of the Bld price or the bid price of any other bidder, or to secure through any colkision, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) Subscribed and sworn to before me (Title) l )I A l 7�s Hon(l ('J This E3 day of L\ Q.rl ,2015 My commission expires Spio-tea\cee. 1l .2.ote c STEPHANIE MACH • MY COMMISSION MFF159132 r ' t ` N . , r EGDIRES September 11. Me (40717ieotss FwrieeNoswySovrte.com THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 18 ANTI- KICKBACK AFFIDAVIT STATE OF FLORIDA ) : SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: - - SIGNATURE Sworn and Subscribed befor me this day of .3Cl.f l U kM , 20 L 5 Printed Information: Jot, Cu6(11 cL NAME )\5 d dps Manag e e. TITLE • 110, - ►1 avuoUb NOTA' Y PUBLIC, State of Florida ?OkerVIICICI V A SourtAl t nG at Large COMPANY fr A 'i \ STEPHANIE UBACH ,, , I . 4 MY COMMISSION #FF159432 ?a. n EXPIRES September 11, 2018 pan 39e 0183 Fbrl dWor�ygenice cum "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONS /DERED COMPLETE AND ACCEPTABLE 19 CONFIRMAWN OF MINORITY OWNED BUSINESS This requested form isto be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making It an official part of your bid response. Is your company a Minority Owned Business? YES NO v if Yes, please Indicate by an "X" in the appropriate box ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN \\*.\ () OTHER (s • cify) ( ) NOT APPLICABLE Do you possess a Certificatio • ualifying your busi = • as a Minority Owned ' siness? YES NO If YES, - the Organizatio • • m which this certif - on was obtained and date: I uing Organizaatio • or Certification Date of : . tion THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 20 CONFIRMATION OF DRUG -FREE WORKPLACE Preference shall be given to businesses with drug -free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference In the award process. Established procedures for processing tie bids wil be followed ff none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation In a drug abuse assistance or rehabilitation program If such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm compiles fully with the above requirements. Vendor's Signature THIS PAGE TO BE SUBMITTED FOR BID PACKAGE To BE CONSIDERED COMPLETE AND ACCEPTABLE 2 i STATEMENT OF NO BID If you are not bidding this service/commodity, please •• plete and return this form to: PROCUREMENT SERVICES, City of Boynton Beach, 1 1 0 , Boynton Beach Boulevard, P.O Box 310, Boynton Beach, Florida 33425-0310. Failure to respond may result In deletion of v: dot's name from the qualified b . der's Nat for the City of Boynton Beach. COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: WE, the unders . ed have dedin . to bid on your = . No.: 026 - 2821- 15/JMA or ANNUAL SUPPLY OF S ► I !UM HYDROXID i - • se of the . lowing reasons: Specifications too " i.e., = ared toward brand or anufacturer only (explain below) \ Insuff cie time t' respond • the Invitation to Bid We do not ;' - - • uct or an equivalent Our product . . ule would not permit us ,. perform Unable to • =--t specifications Unab .- to meet bond requiremen . = ifications unclear (e .... below) Other (specify below) 7S: IF YOU ARE NOR SUBMITTING A BID, PEASE COMPLETE FORM ANO RETURN TO PROCUREMENT SERVICES. Z2 BRENNTA GIIIIIIM Brenmtag Mid - South, Inc. Wednesday, January 07, 2015 City of Boynton Beach RE; CERTIFICATE OF COMPLIANCE FOR ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA) BID# 025 - 2821- 15 /JMA Brenntag Mid - South, Inc's material is in compliance with the specifications of the 25% Caustic Soda Rayon Grade and the specifications of the 50% Caustic Rayon Grade of the above listed bid. hn Warner Safety, Regulatory, and Quality Manager STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me this seventh {7` day ofianuary, 2015 by John Warner, SRQ Manager f NAME OF NOTARY: Stephanie Ubach Ayoka41-0-1)-1a4e-/D COMMISIOM NO: FF159432 COMMISSION EXPIRES: September 11, 2018 Al` ° ; '' STEPHANIE MACH k 4 x MY OOMMIS$ION OFF159432; \ ?off/ © I 11.2°1' • t t. 1407) 3$8 -0153 • .... • ,:2t 452ln Brenntag Mid - South, Inc. Tel {407) 8579910 25D Central Florida Pkwy. TOJI Free (800) 456 -9310 Orlando. FL 328 247601 Fax 007 851.3512 aadnese y, January P7, 2013 Material Safety Data Skeet BRENNTAG_ MSDS Revision Date: 11/30+12 rags 1of5 — PRODUCT: SODIUM HYDROXIDE SOLUTION 4% - 50% I. Prodtict and Company Identification Product Identity: SODIUM HYDROXIDE SOLUTION 4% - 50% f cfenljcd Formula: NaOH (aqueous) Molecular Weight: 40 Synonyms: Caustic Soda 4-50% Solution, Degussa Caustic 10%, all grades 8reamti Mid SOut Inc. Technical Infomiadon: 270$30`1222 1406 Hwy 136 W Emergeecy Number: 800 -424 -0300 (CHEMTREC) Henderson, KY 42420 EmetRency Number: 7034273087 (International) Z Hazards Identickadon Emergescy Overview Dangerl Corrosive- Causes severe bares to eyes and stria. May muse irrevenble eye damage. Severly irritating to the respiratory tract sad mucous membranes. Harmful or lbtei if Inhaled. Hsrmtbl or 1 tst if swallowed. Emvireoueatal Huard — This product is toxic 10 fish. Keep out of lakes, streams, ponds or other waters INHALATION: Inheistkm of this material is irritating to the nose, mouth, and lungs. It may also cause burns to the respiratory tract that can result in shortness of breath, wheezing, choking, chest pain, and impairment of lung function. Inhalation of high concentrations can result in permanent lung damage. Repeated inhalation exposure may cause impairment of lung function and permanent lung damage. EYE CONTACT: Severe irritation and/or burns can occur. Contact may caox impairment of vision and corneal damage. SKIN CONTACT: Exposure can canoe severs irritation and/or burns characterized by redness, swelling, and scab lion. Prolonged skin exposure may cause destruction of the dermas with impairment of tho skin u site of contact to regenerate. INGESTION: Irritation and/or bums can occur to the ratite gastrointestinal tract, including the stomach and intestines, charactataed by nausea, vomiting, diarrhea, abdominal pain, bleeding, and/or tissue ulceration. PRIMARY ROUTIP,WP ENTRY: inhalation and skin contact. 3. Composition/Information on Ingredients CAS# Chemical Name Percent by Weight 1310-73-2 Sodium hydroxide 4 — 50 7732-18-5 Water SO -96 • FORM RATE! 621100 BRENN AG MEP BRENNTAG MID-SOUTH,-INC. H,-INu 250 Central Florida Parkway Orlando, Florida 32824 Phone: 407.857.9310 FEW 407.8513512 CERTIFICATE OF ANALYSIS SODIUM HYDROXIDE SOLUTION Caustic Soda Rayon Grade CUSTOMER: LOT NUMBER 55G { ] 049429 522094 15G [ ] 402384 522094 5648 [ 1 682653 622094 3712# 1 1497843 522094 3840# [ ] 407681 522094 BULK r ] 766 522094 DATE PACKAGED: 04/03112 VENDOR: OLIN BATCH: ACFX20046I DATE RECEIVED: 04!03112 PARAMETERS ANALYSIS - SPECIFICATIONS Assay, % NaOH* 50.82 50.0% - 51.5% Specific gravity i 82°F 1.520 '1.511 -1.549 Color PASS Water White Appearance PASS Clear Liquid, free of particles NaCI, typical` 4 Max 100 ppm Fe, a•' -I* 0.38 X2.00 .m Values obtained from vendor Certificate of Ate endfor Product Technical Date Analyst: Approved: g gee V I Me, Life Indefinite Pounds per o: 12.8 borawd the lit iknafSwOlalarFoundwan 7 ibre,. All► SEt4S>- 6O Standard ata madams use With, &keine wafer at Nib fret.. Direct quietism m curcomin a outlfloallon orals product to personnel at the location roiled baton Rand lessuat a67m+ R=T(1& 1 .any. Jaatiaey 07, 2015 MILer MATERIAL CHLOR ALKALI SAFETY DATA PRODUCTS Sodium Hydroxide Solution, 50% a Manufacturers name and address: Suppllees name and address: Olin Corporation — Chlor Alkali Products Olin Canada, ULC dibla Division Olin Chlor Alkali Products CLEVELAND, TN OFFICE MONTREAL, QC OFFICE 490 Stuart Road NE 2020 University. Suite 2190 Cleveland, TN 37312 -4918 Montreal, Quebec H3A 2A5 U.S. • (423) 336 -41350 Canada • (514) 397-6100 Product Name: Sodium Hydroxide Solution, 50% CAS#: 1310-732 Preparation date (WDIY): 10102108 MSDS Code. NaOH(50) -E Revision date (M'13/Y): 02114/2014 Synonyms: Caustic soda liquid 50%, Soda lye, Lyre, Liquid Caustic, Sodium Hydrate Product Use: Neutralizing agent, industrial cleaner, putping and bleaching, soap manufacturing Emergency Contacts (24 hr.) FOR INFORMATION REGARDING ON SITE CHEMICAL EMERGENCIES INVOLVING A SPILL OR LEAK. CALL Canada: 1400 -567 -7455 U.S.: 1 400 -424 -9300 — CHEMTREC Hazardous Ingredients) % (why) ACGIN CAS NO. A Sodium Hydroxide 49 — 52 2 mgrm' (TLV -C) 1310 -73 -2 Emergency Overview: Odorless, clear, non-volaille liquid. EXTREMELY CORROSIVE! Causes severe burns on contact_ Can cause blindness, permanent scarring and death. Aerosols can cause lung injury - effects may be delayed. Highly reactive. Can react violently wih waterand numerous commonly encountered materials, generating enough heat to Ignite nearby combustible materials. Contact with many organic and inorganic chemicals may cause fire or explosion. Reads with some metals to liberate hydrogen gas, which oan form explosive mixtures with air. Will not bum. Harmful to aquatic life. Read the entire MOB fora more thorough evaluation of the hazards, Potential Health Effects: A Routes of exposure: Inhalation. skin contact, eye contact and Ingestion. Pickup Page 1 of t Pickup FedEx Pickup Confirmation —FedEx Express DWSA42 County/Lncaaon Untied States Fed Ex Express Confirmation no. DYYSM2 Company RRENM'AG INDSOUTH Pickup deb 01/0112016 Contact name STEPHANIE USAC H Total no. of pedaloes 1 Address 1 250 CENTRAL FLORDA Total weight 1 La PKWY Pickup tine t1:00am - i:SOpm cY ORLANDO State Florida ZIP 328247501 Phone no. 8001751717 erd: 214 t ctk - """l ZG 0 (0081 https:// www fesdex. com/ PickupApplpickupConfirmation .do?method= dolnitFotPrint 1/8/2015 VILLAGE OF TEQUESTA CONTRACT FOR THE PURCHASE OF LIQUID CAUSTIC SODA THIS CONTRACT FOR THE PURCHASE OF LIQUID CAUSTIC SODA is entered into and effective this day of April 2017, by and between the VILLAGE OF TEQUESTA, a Florida municipal corporation with offices located at 345 Tequesta Drive, Tequesta, Florida 33469 -0273, organized and existing in accordance with the laws of the State of Florida, hereinafter "the Village "; and BRENNTAG MID - SOUTH, INC., a foreign corporation with offices located at 1405 Highway 136 West, Henderson, Kentucky 4240, and local offices at 250 Central Florida Parkway, Orlando, Florida 32824, hereinafter "the Contrac- tor". 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 Village and the Contractor both hereby agree to enter into this Contract whereby the Contractor shall provide commercial grade 50% Liquid Caustic Soda, also known Sodium Hydroxide, for use in potable water treatment and in conform- ance with ANSI/NSF Standard 60 and AWWA Standard B501 (as applicable) to the Village's Water Treatment Facility at 901 North Old Dixie Highway in the Village. Pursuant to the March 3, 2017 correspondence from the Contractor to the Village, attached hereto as Exhibit A, and paragraph 10, "Other Governmental Entities," of the Request For Bids ( #025- 2821 -15 /JMA) and resulting contract between the City of Boynton Beach and the Contractor, attached hereto as Exhibit B, the Village is authorized to piggybacking for the goods described above and as described in the Request For Bids ( #025- 2821 -15 /JMA) and resulting contract between the City of Boynton Beach and the Contractor for Liquid Caustic Soda 50 %, and the December 28, 2016 Bid Renewal Term: March 2, 2017 to March 1, 2018, attached hereto as Exhibit C. All exhibits are hereby incorporated into this Contract as if fully set forth herein. 2. COMPENSATION: Pursuant to Exhibit C, and in consideration for the above Scope of Services, pricing is as follows: commercial grade 50% Liquid Caustic Soda - $543.00 per dry ton, FOB Destination. 3. INSURANCE AND INDEMNIFICATION: The Contractor shall provide proof of workman's compensation insurance and liability insurance in such amounts as are specified in Exhibit B and shall name the Village as an "additional insured" on the liability portion of the insurance policy. 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 Contract. 4. PUBLIC ENTITIES CRIMES ACT: As provided in sections 287.132 -133, Florida Statues, by entering into this Contract 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 preced- ing the date hereof. This notice is required by section 287.133(3)(a), Florida Statutes. 5. TERMINATION; NOTICE: This Contract may be terminated by either party upon thirty (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 Brenntag Mid - South, Inc. 345 Tequesta Drive 250 Central Florida Parkway Tequesta, FL 33469 -0273 Orlando, FL 32824 Attn: Director of Utilities Attn: Stephanie Ubach 6. INDEPENDENT CONTRACTOR: It is specifically understood that the Contractor is an independent contractor and not an employee of the Village. Both the Village and the Contractor agrees that this Contract 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. 7. ATTORNEY'S FEES: In the event a dispute arises concerning this Contract, the prevailing party shall be awarded attorney's fees, including fees on appeal. Page 2 of 5 8. CHOICE OF LAW; VENUE: This Contract 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 Contract. 9. AMENDMENTS & ASSIGNMENTS: This Contract, all Exhibits attached hereto, and required insurance certificates constitute the entire Contract between both parties; no modifica- tions shall be made to this Contract unless in writing, agreed to by both parties, and attached hereto as an addendum to this Contract. The Contractor shall not transfer or assign the provision of goods called for in this Contract without prior written consent of the Village. 10. INSPECTOR GENERAL: Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. 11. PUBLIC RECORDS: In accordance with Sec. 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 Proposal or Bid. Upon request from the Village's custodian of public records, the Contractor must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A Contractor who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 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 the Proposal or Bid 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 Page 3 of 5 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 require- ments. 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 APPLI- CATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CON- TRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768 -0685, OR AT Imcwilliams(&,tequesta.org, OR AT 345 TEQUESTA DRIVE, TE- QUESTA, FLORIDA 33469. IN WITNESS WHEREOF, the parties hereto have executed this Contract on the date and year first above written. WITNESSES: BRENNTAG MID - SOUTH, INC. By: Joel R. Hopper, President On: April , 2017 (Corporate Seal) Page 4 of 5 VILLAGE OF TEQUESTA ATTEST: By: Abigail Brennan, Mayor On: April , 2017 (Seal) Lori McWilliams, MMC Village Clerk Page 5 of 5