Loading...
HomeMy WebLinkAboutAgreement_General_04/13/2017 (4) 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 13 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. 119.070 1, 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 requirements. If the Con tractor keeps and maintains public records upon completion of the Agreement, the Con tractor shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the Village, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768 -0685, OR AT lmewilliamsn.teguesta.org. OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. IN WITNESS WHERE OF,the parties hereto h av e executed this Contract on the date and year first above written. WITNESSES: BRENN G MIDVrUTH, INC. r By: Corey Rbberts, Vice President On: April, 2017 r (Corporate Seal) Page 4 of 5 V LAGE OF TEQUESTA ATTEST: : Abi i Bren ,Mayor On: Ap 1 13 , 2017 ` \ \\ \ \W \�Wj1MINIINIIIIryN/;- N,� ' ' l GV,...F...T Lori McWilliams, MMC G� Village Clerk SEAL INCC � OR PORATED:' Page 5 of 5 EX , A. From: Samuel Heady To: "Stephanie Ubach /Mid- South /Brenntag" Cc: Keith Davis Subject: RE: Contract Period Date: Friday, March 03, 2017 12:05:55 PM Thank you! Sam Heady Deputy Director of Utilities The Village of Tequesta, FL Cell: 561 - 722 -1167 Email: sheady�a,_tequesta.org Please note that Florida has a very broad public records law. Incoming emails are filtered which may delay receipt. This communication (including your email address, any attachments and other email contents) may be subject to disclosure to the public and media. From: Stephanie Ubach /Mid- South /Brenntag [mailto:subach @brenntag.com] Sent: Friday, March 03, 2017 12:05 PM To: Samuel Heady <sheady @tequesta.org> Cc: Keith Davis <Keith @cwda- legal.com> Subject: RE: Contract Period We are happy to allow you to piggyback Boynton Beach Caustic 50% at $543 per ton delivered. Thank You, ( WAWA Florida / S. Georgia District Admin Assistant Brenntag Mid South, Inc 250 Central Fl. Parkway Orlando, Fl 32824 800.876.1727 ext 3213 — Direct From: Samuel Heady [ mailto:sheady(@tequesta.org j Sent: Friday, March 3, 2017 12:03 PM To: Stephanie Ubach /Mid - South /Brenntag < subachPbrenntag_com > Cc: Keith Davis < Keith (@cwda- Iegal.com Subject: FW: Contract Period Stephanie, please respond back to me with the OK from Brenntag allow us to use this contract to piggyback. Thank you! Sam Heady Deputy Director of Utilities The Village of Tequesta, FL Cell: 561 - 722 -1167 Email: sheadyaa._tea,uesta.ora Please note that Florida has a very broad public records law. Incoming emails are filtered which may delay receipt. This communication (including your email address, any attachments and other email contents) may be subject to disclosure to the public and media. From: Keith Davis [ ma ilto: Keith Pcwda- legal.com Sent: Friday, March 03, 2017 12:01 PM To: Samuel Heady < sheady( @teauesta.org Subject: RE: Contract Period Do you have Brenntag's ok to piggyback on the Boynton Beach contract? Keith W. Davis, Esquire Attorney The City of E " . � Bo J nton Beach i r(y' JlrFlHFirf SeYV ex I(A)F. Buynren Reach IIauhnurd P.U. Box 310 Bwntun Beach, Rurida 3341 5 -03 1 0 40 ToVirwre , o. (56V 742 -6310 FAX. f561) 742 -65316 February 20, 2015 Bren stag Mid-S0011, i nc. 250 Central Florida Parkway Orlando, FL 32824 ATTN: Mr. Joe Funkhcuser RE: "ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA)" BID No.: 025 2821- 151JMA SfD TERM: MARCH 2, 2x15 TO MARCH 1, 2016 Dear Mr. Funkhouser At the City Commission meeting of February 17, 2015, the Bld for "ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA)" was awarded to your Company as the lowest, most responsive bidder at $498,00 per dry ton. Enclosed is the Did 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 Alibrandi at alibrandli&Vl,us at your earliest convenience. If you have any questions, please do not hesitate to contact us at (561) 742 -6322. ti�ncerely, Tim W. Howard Director of Financial Services Enclosure: Tabulation Sheet r c: Bevis Pigott, Utilities Division Manager Q, V Leon LiberuS, Chief Operator WWTPQ1` ,( Central File File (1f America's Gateway to taw, Gi0,4f�eam ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA) 'OHens i orn tha vend= isted nerak are We ony orrers BID DUE DATE' JANUARY 9, 2015 reoervea Urn* as of the above fecaiuinu datc and Imp- 810 DUE TIME: 2:30 R M- All Omer w&% wa rri4tcd in response to this sdic iaion, BID NO - 025 - 2$21- 15JJMA if any, as hereby mp=d as later VENDORS AWED UNIVERSAL CORPORATION BRENNTAG IUD SOIITN, INC. KEY CHEMICAL INC. 3901 NW 115 Avenue 250 Central Florida Patway 9503 DovvAwd Plata Miami, FL 33178 Orlanda, FL 32824 Waxllaw. NC 28173 Tel.: (306) US -2679 Tel.- (407}857.8010 Te1., (AK) 843+9873 Fax: (3D5) 4193.8369 Fax; (407)8513512 Fax: (M)97-3-9281 E -mail. cathieq&llledunlversa1.00m Egmil- subach@brenMagum E4naiL tgrinn@kaychemitalint_eom Contact: Catharine GuillanmDd Contact: Joe Funkhouser Coma: Toni Grimes BIDDER ACKNOWLEDGEMEN I YES YES YES SUBMITTED SPECIFICATION CHECK OFF SHEET YES YES YES SUBMITTED - page 4 PRICE PROPOSAL -50% SOLUTION SODIUM 5510.55 $4916.00 $554.90 HYDROXIDE - UNIT PRICE PER DRY TON CER rIFICATE OF COMPLIANCeANALYSIS YES YES YES SUBMITTED MATERIAL SAFETY DATA SHEETS (MSDS) YES YES YES SUBMITTED I CALENDAR GAYS FOR DELIVERY 2 to 3 2 to 3 3 SUBMITTED NON COLLUSION AFFIDAVIT YES YES YES SUBMITTED ANTI -KICK 13ACK AFFIDAVrr YES YES YES SUBMITTED MINORITY OWNED BUSINESS YESINOT A MINORITY YESINOT A MINORITY YESINOT A MINORITY SUBMITTED OWNED 1USINESS OWNED BUSINESS OWNED BUSINESS DRUG FREE WORKPLACE YES YES YES SUBMITTED COMMENTS I , I The City of Bo nton Bea h Fin ce/Procurement services loot. Boynton Beach Boulevard P.O. Box 310 Boynton Beach; Florida 33425-0310 Teri phone No: (561) 742 -6310 FAX. (561) 742.6316 i January 26, 2016 Brenntag Mid - South, Inc, 250 Central Florida Parkway Orlando, FL 32824 ATTN: Mr. Joe Funkhouser RE: "ANNUAL SUPP OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA)" BID No.. 026-2321 -1 WJM Ct1RREIVT BID rERM. MA ITCH 2, 2015 TO PAARCH 1, 2016 Dear Mr. Funkhouser: The bid term for the "Annual Supply of Sodium Hydroxiide" will expire March 1, 2016. The Sid Documents allow for three additional one -year extensions with the same terms, conditions and pricing. The City of Roynton Beach would like to renew the exlsling Bid for an additional one -year term. We appreciate your quality I roduct and service. Therefore, d you agree, upon City Commission approval, we would extend the e)dsUrN i Bid from March 2, 2016 to March 1, 2017. Please indicate your respoi se on the following page and return it to Finance/Procurement Services at your earliest eonvenlence. i e 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 e-mail at alibrandil Kus. Thank y u. Sincerely. Tim W. Howard Director of Financial Services cc: Bevis Pigott —Manager, 1water Treatment and Quality Leon Liberus — Chief OpOrator - WWTP File i i A merica's Qaleutgy to die GuV Sfrmm BID NAME; "ANNUAL S6PPLY OF SODIUM HYDt' oxor: (LIQUID CAUSTIC SODA)" 010 NO.: 025 - 2821- 151JMA Agreement between the City of Boynton Beach and Brenntag Mid - South: BID RENEWAL TERM: MA CH 2, 2016 TD MARCH T, 2017 i X Yes, I agree to exterid the existing bid under the same Terms, Conditions and Pricing. No, I do not wish to Oxtend the bid as explained below; BRENNTAG MID -SOUTH SIGNATPRE L tit Ti Wk-16 NAME bF REPRESENTATIVE TITLE Pfease Print 0210 b 1 2-01 600. 1816- VI V - 1 Y13)-13 DATE (AREA CODE) TELEPHONE NUMBER - EMAIL ADDPt9S America's Gateway to the Gulf Stream The City of Boynton Beach P�rcvrrrr+eer S erv1c CS IMEs. Bnynrnn Beach 110a1evard P.O. Bar $10 BoyArnn Reach, Florida 33415 -0310 Igo TelqA rme No! (501) 741 -6310 FAX (561) 742 -6316 March 2, 2016 Brenntag Mid-South, Inc. 254 Central Florida Parkway Orlando, FL 32824 ATTN. Mr. Ray Sibbitt RE: "ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA)' BID No.: 025. 2821- 151JIMA B!D RENEWAL TERM; MARCH 2 , 2016 T MARCH 1, 2017 Dear Mr. Sibbitt: At the City Commission meeting of March 1, 2016, City Commission approved a one -year extension to the Bid for the "Annual Supply of Sodium Hydroxide (Liquid Caustic Soda)" with Brenntag Mld- South, Inc. Please forward a current Certificate of Insurance naming the City of Boynton Beach as an "additional insured" for General Liability to Julianne Alibrandl at allbrandildbbfl.us at your earliest convenience. If yov have any questions, please do not hesitate to contact us at (561) 742 -6322. Sincerely, Tim W. Howard Director of Financial Services c: Bevis Pigott, Manager — Water Treatment and Quality Leon Liberus, Chief Operator WWTP Central File File America's Gatemy to the Outf Ream CERTIFICATE OF LIABILITY INSURANCE DATEIMWWYYYY) ca�m,7a1s THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(los) must be endorsed. If SUBROGATION 18 WAIVED, subject to the terms 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 hiaMP. USA Inc. NAME: i ?17>tirLh Skeet. N0, EIOO; I FA -- R1lladeichia, PA 19103 -2197 M"I Rot ADDRESS: - - - _____ 81R( APPOR DINO COVERAGN NAIL y I 'ALL GklY -16 17 INSUPER A ; Intun"CO C OTpeiy Of Th e SI21e Of PA 12429 IN6URED _. BRENNTAG MID- SCLITH, INC INS B : A CE Arne iCan h sura nce Company 22667 '405 HIGrIVJAY'36'w4EST INS C: Indrrnnny In surance Cunpatyo' Nave AfneriQl 3575 FENDERSON,)CY 42420 - - INSURER 0: Agri Genera I rsirAn cv Company 4275' INSURER E ACE Rio Underwriium Ch _ - 20702 INSURER F COVERAGES CERTIFICATE NUMBER: CLE - 19 REVISION NUMBER:5 THIS IS TO CERTrFy THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDINO ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY TIIE POLICIES DESCRIBED HEREIN IS SUBJECT TO All. THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSq LTR TYPE OF INSURANCE P XX EFF P� Y EXP LIMOT8 VW%M MMMMI POLICY NUMBER A X �COMMERCIALGENERALLIABILITY 'GL2638?73 O1,o'/20'6 0l.wt2017 EACMCCCURRf.N(:E S 1,C�JO,O3D _� C.- AIMS -M40E OCCL�i l DAMACIF TbTiENTE(1 PT?EM' i IONDOC MEV EXP IMy aon rwracal E 1D,C01 - -- - -- - PERSCYO- dADVINJURY S I,COO•CO3 -- _ - GENT AGGREGATE LIMIT A♦'F',ItS aER. COtMcRAI AC,C,RE{;ATE ; S 1,0Q3,OCU X Fc"ICY ❑ JEC7 ] LfX a — - - --- RcoU CTS - COrdrKX Au ^ u s i3OG3,000 OTI IER ... - - --.... . 5 B AUTOYOBaE LIAaam IS4H09AGl4Sa 01.0112016 014311017 r E u I' S 1 7Mi,D06 X ANY AUTC• _ W."LY iN,h1RY (Pei wxson) f ALL04WiD 1 SCHEDULED _ AUTOG _._., AUTUS HWLY INJURY (Pm awAlr t) . S - ­N AUTO$ UTOS SR'JED P(i01'Ei1Yv DAMAOC nuros S UMBRELLA LUIS OCOJk F AS:H OCCURRCNCE If EXCESSLJAB _ - ---.. --- - -... CIAIM$•MADL! i p ORF;ATE 'r DED I RETENr,ON - ' -- - C WORKERS COMPENSATION VA RCA86CODOI (ADS) Ot1012C1 t 1 7 X DER orH B AND EMPLOYERS' LIABILITY TA YIN ER _ ANY PROPR1EIORMARTNENEXE�Cifr:YF Y r k WI RC46600MD (CA, M4) G 1A112D1? O11fi112 - D OFFICCRM[MMAEX2CLUDED? f N �!N!A EACH FI EAC _ S 2,000,000 (Me U NH) IA'_RC4=05C� ;7N) C10112016 0" C14C1 y E t seASC • EA E LOPE S 2.000,000 E DESCRIPTION OPERATI bekw SCFC48800062,W) C14)i12010 '01-wool! a MIT — c L. DI CASC - VUL.K,Y IJM:T ; 5 2.000.060 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101. AdOdonal Remarks Schedule, may be atlactwd I rMte spats is nqulmd) - OtY Of OCyntOA Beach a w"Oed us Adddiywl InsurM eeCegl for Vearkers Comp ensa m. where required lty al1len contract CERTIFICATE HOLDER CANCELLATION 110 E. 8 B oynion Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CAKELLED BEFORE eo 3 425 -D35- 1D THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Boyntl on o Beach FL L 3 3 ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRE9ENTAIINS e104MIII USA Inc, Mona* Mukher)ee V 1938 -204 ACORD CORPORATION. All right's reserved, ACORD 26 (2014101) The ACORD name and logo are registered marks of ACORD The City of f Boynton Beach Knonce /Procuremen t ServIces 200 E. Boynton Beach Boulevard P.O. Box 320 Boynton Beach, Flo do 33425 -0310 410 Telephone No: (561.)142 -6310 FAIL: (561) 742 -6326 December 28, 2018 Brenntag Mid- South, Inc. 250 Central Florida Parkway Orlando, FL 32824 ATTN: Mr_ Ray Sibbitt, District Manager RE: "ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA)" BID No. 025- 2821- 161JMA CURRENT BID TERM: MARCH 2, 2096 TO MARCH 1, 2017 Dear Mr. Sibbitt: The bid term for the "Annual Supply of Sodium Hydroxide' will expire March 1, 2017. The Bid Documents allow for two additional one -year extensions with the same terms, oonditions and pricing_ The City of Boynton Beach would like 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 it to FinancelProourement Services at your earliest convenience. We look forward to oontinue working with you and your Company. If you should have any questions, please feel free to call Julianne Alibrandi, Sr. Buyer, at (561) 742 -6322 or E -mail at alibrandijbbfl.us Sincerely, Tim W. Howard Assistant City Manager - Administration Director of Financial Services cc, File America's Gateway to the Gulf Stream II December 28, 2016 r, 810 NAME: "ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA)" BID NO.: 025.2821451JMA 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 pricing_ y. co No, I do not wish to extend the bid as explained below: SRENNTAG MID-SOUTH SIGNArRE 1)- - 4r Ic o-none r NAME OF REPRESENTATIVE TITLE Please Print r � �� 912.01 U 600.8 (t0 -i� Z X 321.E DATE (AREA CODE) TELEPHONE NUMBER S Add 16),U&I' 40 EMAIL ADDRESS America's Gateway to the Gulf Streom Connecting Chemistry $RENNTAG "� December 16, 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 $45.04, bringing the new cost to $543 per ton. I have attached the section of the contract pertaining o cost increase requirements.' We look forward to continuing business and providing the highest quality and service to The City of Boynton Beach and neighboring Citys. Attached are six increase letters we received just after the above referenced bid. We look forward to your acceptance in this increase and continued business, please keep me posted. Please contact me directly with any questions or concerns at 407 - 857 -9310 x3213 Sin rely, { r Stephanie Ubach Florida / S. Georgia District Admin Brenntig Mid- South, Inc. 250 Cenfal Florlde Parkway Orlando, FL 32624.7601 The City of Boynton Beach Finonce/Procuriement Services 100 E. Boynton Beach Boulevard P. 0. Box 310 Saynton Beach, Florldo 3342$ -0310 Telephone No: (561) 742 -6310 FAX: (561) 742 -6316 December 6, 2016 Brenntag Mid - So uth, Inc. 250 Central Florida Parkway Orlando, FL 32824 ATTN: Mr. Ray Sibbitt, District Manager RE: "ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA)" BID No.: 02 - 5 2821- 151JMA CURRENT BID TERM. MARCH 2, 20 f 6 TO MARCH 1, 2017 Dear Mr. Sibbitt: The bid term for the "Annual u of Sodium H droxide" will e xpire M arch 17. The B' u S up p ly y e p re 1, 20 a �d Documents allow for two additional one -year 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 product and service. Therefore, if you agree, upon City Commission approval, wou d extend the existing Bid ? to March 1 g d from March 2, 201 , 2018. Please Indicate your response on the following page and retum it to Finance/Procurement Services at your earnest 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 -6322 or E -mail at aHbrandi' bUfl,us. Sincerely, 1 Tim W. Howard Assistant City Manager - Administration Director of Financial Services CO.' Bevis Pigott - Manager, Water Treatment and Quality Leon Liberus - Chief Operator - WWTP File America's Gateway to the Gulf Stream December 6, 2018 BID NAME: "ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA)' BID NO.: 025 - 2821- 151JMA Agreement between the City of Boynton Beach and Brenntag Mid - South- BID RENEWAL TERM: MARCH 2, 2017 TO MARCH 1, 2010 Yes I agree to extend the existing bid under the same Terms, Conditions and Pricing. X No, 1 do not wish to extend the bid as explained below: �D Ino ay- — �, O�LInme.R46- 4 i on 0,A1-� �fl('_ e Pw*oUOS BRENNTAG MID -SOUTH SIGNAT R - h�lric+ 1. NAME1OF REPRESENTATIVE TITLE Meese Print 2 l 800 (12-'t A 32 ..1. 3 DATE (AREA CODE) TELEPHONE NUMBLR EMAIL ADDR America's Gateway to the Gulf Stream COT ADJUST The City acknowledges the fluctuating mature of prices for items specified. Accordingly, an escalation/reduction clause WFI be accepted for t he renewal periods of the bid for the following conditions: 1. Price inerease(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 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 Contractor/Vendor. 01in CHLOR ALKALI 4610 fta NE, c 1mland, renne"as 37312 PROD AND VINYLS Phone, 423f336�4854. Fax; QV3 36-4= Internet Address: www.olinchlorelkali.00m February 1$, 2016 Mr, Ron Johnson Brenntag Mid - South, Inc. 250 Central Florida Parkway Orlando, FL 32$24 -7601 SUBJECT, Caustic Soda Price Increase Announcement Dear Mr. Johnson: Effective immediately or as contract terms permit, Olin 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 ce are per net ton, 78% Na20 basis, ex. works. This price increase applies to the caustic soda sold by the heritage Olin Chlor Alkali Products and Blue Cube Chlor Alkali and Vinyls businesses wltfch have been combined into the newt formed Olin Chlor Alkali Products and Vinyls division 2018. Y y as of 1 Q Our order control program based on 100% allocation remains in effect, as are 30 da 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. Sincere Michael S. Dye Vice President — North American Sales Olin Chlor Alkali Products and Vinyls i G Un,. CHLOR ALKALI 490 Swart Road, NE, Cleveland, 7ennnsee 37312 PRODUCTS AND VINYLS Phone: 42313364850 • Fax: 4231336..;980 lrk%rn@tAddress: www.olinchloralkeir.com March 30, 2016 Mr. Ron Johnson Brerntag Mid - South, Inc, 260 Central Florida Parkway Orlando, F1.32824 -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 $2$ 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% Na2O basis, ex. works, Our order control program based on 100% allocation remains in effect, as are 30 -day lead times for barge shipments and 18 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 seie ding Olin as your supplier. Sincerely, C,- Rene Whigharn Marketing Director, Morph American Caustic Soda Olin Chlor Alkali Products and Vinyls A vl�n CHLOR ALKALI 480 Stuart Road, NE, CWe land, Tennessee 37312 PROD AND VINYLS rde matAddros s s e ww. wafench ikell�.cam April 26, 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, 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% Naga basis, ex. works. Our order control program based on 1 xO% 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, t�F- ae4A A00 Rene Whigham Marketing Director, North American Caustic Soda Olin Chlor Alkali Products and Vinyls 01inT. 7 /� V TT CHLOR ALKALI 490 Stuart Road, HE, Cleve Tennessee 37392 PRODU AND VINYLS Phone: 42313W4850 . Fax: 42= IMMet Address. www.0114chloralkell.e4rn May 20, 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, Olin Chlor Alkali Products and Vinyls is increasing the price of diaphragm (commercial) and membrane grade caustic soda by $40 per dry short ton (DST) in the U.S. and CAD $45 per dry metric ton (DMT) in Canada. Prioes are per net ton, 76% N920 basis, ex. works. Our order control prog {am based on 100% allocation remains in effect, as sere 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 ap yo ur business and our confidenoe in sele Olin u AA Yo y i;Ct g n a yo ur supplier. Sincerely, C < - A) A"-.) Rene Whig ham Marketing Director, North American Caustic Soda Olin Chtor Alkali Products and Vinyls CHLOR AL KA Y .1 490 Stuart Road. NE, CW6110nd, Yenaessee 37312 PRODUCTS AND VINYLS P InternatAddss. , ~ innchlora 8 o rn June 27, 2016 Mr. Ron Johnson Brenntag Mid-South, Inc. 254 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 $SO 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% Na2O 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 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, Ve "�W� Rene Whigham Marketing Director, North American Caustic Soda Olin Chlor Alkali Products and Vinyls Olin,. CHLOR ALKALI 496 Stuart Road, NE, plsvaland, Tennessee 37,312 Phone_ 42VI3 44M • Fax 42313W4a3o PRODUCTS AND VINYLS lnbemet Address: WwW.olinchloralkell.mm August 22, 2016 Mr. Ron Johnson Brenntag Mid - South, Inc. 250 Central Florida Parkway Orlando, FL 32824 -7601 SUBJECT: Caustic Sods Price Increase Announcement Dear Mr. Johnson: Effective immediately or as contract terms permit, Olin 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 (DMI) in Canada. Prices are per net tort, 76% Na20 basis, ex. works. Our order control program based on 100% allocation remains in effect, as are 30 day lean 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, the order control program, and factors driving the current price increase. We appreciate your business and your confidence in selecting Olin Corporation's Chlor Alkali Products and Vinyls Division as your supplier. Sincerely, VP Rene Whigham Marketing Director, North American Caustic Soda Olin Chlor Alkali Products and Vinyls Stephanie Ubach /Mid- South /Brenntag From: 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 Brenntag Mid -South Tim W Howard Orlando, FL 32824 City of Boynton Bch US Delivered 100 E. Boynton Beach Blvd BOYNTON BEACH, FL 33425 US Shipment Facts Our records indicate that the following package has been delivered. Tracking nt,mber: 7779749687 Status: Delivered: 12119!2018 11:17 AM Signed for By: L RAYM UN I O Reference: Branch 52 Signed for by: LRAYMUNIO Delivery location: BOYNTON BEACH, FL Delivered to: Reception istiFront Desk Service type: FedEx 2Day Packaging type: FedEx Envelope Number of pieces: 1 Weight: 0.50 lb. Special handlingl9er0ces: Deliver Weekday Standard transit: 1212012016 by 4:30 pm I } EST FOR BIDS F THE n� UAL SUPPLY fJF SODIUM HYDROXIDE (LIQWb CAUSTIC SODA) a�, x BID NO.: .: 02 "6 -2821-1 5/J MA a t I t ' h t3 x � ' t v n t G DA �- JANU � AL w REQUEST FOR BID FOR ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA BID NO.: 028- 2829 - 16/JMA 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 2016 or Than 2:30 P.M. Local Time). Bids will be opened in: FINAKWPROCUREMENT SERVICES -CITY 14ALL 2ND FLOOR unless otherwise designated. A 77 N ALL INT RES TED RESPONDENTS: Copies of this solicitation package may be obtained from Demandster at Onvia at www.domandstar.com or by calling 1- 800 -711 -1712. Demandstar distributes the City's solicitations through electronic download, by facsimile, or through the United States postal Service (USPS). Bidders may also obtain bid documents from the City of Boynton Beach, Procurement Division, 100 E. Boynton Beach Blvd., Boynton Beach, FL. Respondent(s) who obtain copies of this solicitation from sources other than Dernandstar or the City's Procurement Services Dhdsion may potentially risk not receiving certain addendurn(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 mail 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. GONE 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 proposef, request for qualification, bid, or any other 2 competitive solicitation until such time as the City Commission (4) awards or approves a contract, (2) rejects all responses, or (3) otherwise takes accon which ends the solicitation process. Improper communications during this "Cone of Sifence" 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 public records disclosure until such time as the City provides notice of a decision or Intended decision concerning 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 without 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 t3) one-year terms. Any u Bans relative to any items) or portion of to Senior Buyer Hours: to FRIDAY, vu Pp. CITY OF BOYNTON BEACH ..;� . 1J " 14-UQ TIM W. HOWARD DIRECTOR OF FINANCIAL SERVICES 3 SPECIFICATIONS FOR "ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA)II Please lace an x p () on the blank line next to each Item if a specification is met. If exception is taken (altematives), bidder must explain using a separate sheet f p ae o paper. Bidder 9 Pa p pe must submit specifications "check -off' sheets with the proposal sheet in order for a bid to be considered. Scope of Work: The Clty 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: 6469 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). V/ 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 analysis, as to the composition of the product with the bid. - The successful bidder's shipper is responsible for matching our receiving tank f equipment with their tank discharge system. Y 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 will 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 V 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 TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLEM ARID ACCEPTABLE CAUSTIC SODA, LIQUID (SODIUM HYDROXIDE — NaOH) 50% RAYON GRADE REFERENCE LCP -SPECIFICATIONS TEST METHODS SODIUM HYDROXIDE 49.0 — 51.0%13Y WT, ACS 1.17 (AS NaOH) SODIUM OXIDE 38.0 — 39.5% BY WT. ACS 1.17 (Na20) SODIUM CARBONATE 0.02% (MAX.) ACS 1.13 (Na2CO3) SODIUM CHLORIDE 0.044% (MAX.) CCS 1.15 (NaCl) SODIUM SULFATE 0.01% (MAX.) SCS 5.01 (Na2304) 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 810 PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE GENERAL CONDITIONS FOR BiID13ERS FAMILIARITY 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 Kidder will in no way relieve bidder of responsibility to adhere to such regulations. BID FORMS.' The bidder will submit a bid on the bid forms provided. All bid prices, amounts and descriptive information must be legibly entered. The bidder must state the price and the time of delivery for which they propose to deilver 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 "yellovd') 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 time. 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 all 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• Sid 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 returning one copy of the "STATEMENT OF NO " BID In the envelope provided (generally " yellow"), and explain the reason b indicati one o � 9 IY Ye " ) p Y g f 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, SID 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. I 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 City. In determining the "most advantageous bid ", price, quantifiable factors, and other factors are considered. Such factors include but are not limited to specifications; delivery requirements; 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 Rem. Consideration may be given, but is not necessarily limited to conformity to the specifications; including timely 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 entities. 6 I RIGHTS OF THE CITY: The City expressly reserves the right to; A. Waive as an ' inforrnanty, minor deviations from specifications at a lower price than the most responsive, responsible bidder meeting all aspects of the speefficabons and consider it, if it is determined that total cost is lower and the overall function Is Improved or not impaired; B. Waive any defect, irregularity 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; B. A satisfactory record of performance; C. A satisfactory record of integrity; D. Qualified legally to Contract wfthin 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 specked elsewhere, each bidder must submit 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 lager than ten (10) bays 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 all conflict of interest provisions of the Cfty of Boynton Beach, Palm Beach County, of the State of Florida. ADDITIONAL UANTITIE • The City reserves the right to acquire additional quantities of the bid products or services at the prices bill 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, manufacture's brand name and number, and item reference, EMONSTRAT IONS. 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 equipment/services that meet City requirements shall be requested by Procurement Services. Equipment demonstrated shall be a minimum of one (1) year old. All required staff, to be assigned per the individual bid product or service applicatlon, wilt form the Bid Award Committee to evaluate and submit a group award recommendation. The City reserve the right to make separate and independent awards based on its needs and the combined evaluation results. SUBCONTRACTING: If a bidder subcontracts an portion of a Contract for an the y l� Y reason 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. The City also reserves the 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. ADDENDA: 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 addends 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 mail an addendum to known bidders, but it cannot be g uaranteed 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 followin g conditions: 7. 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 increases) 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 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. EXCEPTIONS: Incorporation in a bid of exceptions to any portion (s), of the Contract documents may invalidate the bid. Exceptions to the Technical and Speciat 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 testing laboratories. The data derived from any tests for compliance with 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 vendor's 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 derision of the City Manager shall be final and binding on both parties. ANTIT UST 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 Florida for price facing relating to the particular commodities or services purchased or acquired by the City of Boynton Beach. At the City 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 imposed which would 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 REQUREMENTS: 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 CRIMES - 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 fist 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 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 p tY Id 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 1 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. LIABILITY: The selected bidder(s) shall hold and save harmless the City of Boynton Beach, Florida its officers, agents, volunteers and employees from liability of any kind in the performance of this Contract. Further, the selected bkfder(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 defienso of any action or proceedings bro ught 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 govemmental agencies so requesting, the products or services awarded in accordance with the terms and conditions of the Invitation to Bid and resulting contract. Prices shall be F.O.B. Destination to the requesting agency. AW ARD 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 olds will be made based upon the evaluation to 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 shall 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 responsibility 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 will be issued to the successful bidder with the understanding that all Rems/servioes delivered must meet the specifications herein. Items/services delivered not as specified, will be returned at no expense or penalty to the City of Boynton Beach. DELI_ VERY: 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 REQUIREMENTS Each item, including all oomponents and all installed accessories and equipment, shall be guaranteed by the bidder to be free of defective harts and workmanship. This warranty shall be for a period of 3$5 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 will 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 will be computed from the date of satisfactory delivery at place of acceptance or from receipt of correct invoice at the office specked, whichever is later. Upon delivery, the City shall make final inspection. If this inspection shows that the equipment/service has been delivered/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/servk;e 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 loss or damage to all items shall be the responsibility 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: Will be considered in determining the lowest net cost. D. CONDITION AND PACKAGJNG: It is understood and agreed that any item offered or stripped as a result of this bid shall be new (current production model at the time of this bid). All 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 requited, 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. COMPLIANCE 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 an 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 testimony 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 11 9,07, The City of Boynton Beach Is a public agency subject to Chapter 119, Florida Statutes. The contractor shall comply with Florida's Public Records Law. Effective July 1, 2013, Section 119.0701, Fla. Stat., the contractor shall: 12 I- Keep and maintain public records that ordinarily 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. Stat., or as otherwise provided by law; 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 all 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. All records stored electronically must be provided to the City in a format that is compatible with the information technoiogy of the agency, Failure of the contractor to comply wlth 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, 8:40 to 5.00 P.M., e-mail: alibrandij @bbfl.us. RENEWAL: The bid term may be extended, at the same terms and conditions for three (3) additional one -year periods subject to vendor acceptance, satisfactory performance, pricing and determination that renewal will be in the best interest of the City. l3 SPECIAL CONDITIONS FOR BIDDERS I. 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 ContracKs) 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 shall be the responsibility of the successful bidder to maintain workers' compensation insurance, property damage, liability insurance and vehicular liability insurance, during the time any of his personnel are working on City of Boynton Beach property. L_ oss by fire or any other cause shall be the responsibility 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 will not accept any company that has a rating less 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 post performance (experience) with the Clty in making the award In the best 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 loss or damage to property through negligence of the successful bidder or his agent. S. 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- 15JJMA Bid Received By: JANUARY 9, 2015, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Procurement Services unless specified otherwise, Bid receiving date and time is scheduled for: January 9, 2016, no later than 2 P.M. (local time) and may not be withdrawn within ninety (90) hays 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: Sol Federal I.D. Number (Dl- 05bL1546 A Corporation of the State of: Area Code: 401 Telephone Number: E bP ! - Q,3 I Area Code: 4o'l FAX Number: I 1 2- Mailing Address: 2 iQ Uf k-&k V CV-- t?AekQa `j CitylStatelZip: _Ot2.lax do Rne-1 i)A 52_0 Z`t Vendor Mailing Date: Qj- 0B-:Z0 Aut orized Signature A�Y-- yuokhmu r 2 Name Typed THIS PAGE TO BE SUBMITTED WITH BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE. 15 PRICE PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA Date: O k 08 ' W. 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: $ `T* Unit Price per Dry Ton U�(2- huA&a 641 odXob WRITTEN AMOUNT — Unit Price pei Dry T n ALL PRICES F. O.B. BOYNTON BEAC Antiolpated 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. D Certificate of Compliancelanalysis su bmitted? S D Product Errand: Sodium Hydro)ide — Rayon Grade — Caustic Soda, Liquid. MSDtiS submitted? It is further agreed that the product will be delivered within 2' 3 business days from the date of the order from the City. THIS PAGE TO BE SUBMITTED FOR 640 PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 16 BID PROPOSAL continued > Specification "check-off sheets (Pages 3-4) submitted Ye No " &enf\A04 C, COMPANY NAME SIGNATURE PRINTED NAME X31 0 i -'c TELEPHONE NUMBER TITL 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 County of P- - J M'�t�[ 11�h0��e�- , being first duly sworn, deposes and says that: /� I 1) (Title) (tame of C poration or Firm) the bidder that has submitted the attached Bid: 2) She/He is fully informed respecting the preparation and oontents of the attached Bid and of all pertinent circumstances respecting such Bid; 3) Said Bid is genuine a nd 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, firm 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 collusion, 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) hiflict 6�5 C1fl This 6-vh day of 2015 �P� �L ; t ZOIS ; E: My commission expinas � � � � �"'�'` STEPHANIE; USACH � • MY C0kW1SS10N *FF 159A32 L•; •1 EXPIRES S9Piamber 11, ?4tB (4071 �ye�t53 F1Ur Gtaryserwv.com THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE ODNSIDERED ODMPLErE ANb ACCEPTABLE is ANTI- KICKBACK AFFIDAVIT STATE OF FLORIDA } SS COUNTY OF PALM BEACH ) I, the undersigned hereby duty 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. r By: NAM - SIGNATURE Sworn and qubscribed beforl me this , day of 24 J J� Printed Information: Jae, V1,11`1 6a r-r - NAME 1U15tf_ - 1J fps mn n a o e., TITLE NOTA Y PUBLIC, State of Florida at Large COMPANY A i : STEPHANIE UBACH j MY COMMISSION OFF 159432 EXPIRES September 11, 2018 399 -0163 ROWAN01arygervfce.cwm "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED FORBID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 19 i CONFIRMATION OF MINORITY OWNED BUSINESS This requested form isto be made a part of our fifes 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 shoat making it an official part of your bid response_ ' Is your company a Minority Owned Business? YES NO �✓ If Yes, please indicate by an "X in the appropriate box: ( ) AMERICAN INDIAN { y ASIAN ( ) SLACK ( ) HISPANIC ( } WOMEN i ( ) OTHER (s cify) ( } NOT APPLICABLE Do you possess a Certificatio ualifying your busin s as a Minority Owned siness? YES NO If YES, a the Organ¢atio rom which this certifi on was obtained and date: 1 uing Organizatio or Certification Date of fication THIS PAGE TO BE SUBMITTED FOR BID PACICAGE TO BE CONSIDERED COMPLETE AND AOMPTAISLE 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 will be followed if 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 subsectlon (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 compltes fully with the above requirements. Vendor's Signature THIS PAGE TO BE SUBMITTED FOR BIOS PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 21 STATEMENT OF NO BID If you are not bidding this service /commodity, please c plete and return this PROCUREMENT SERVICES, City of Boynton Beach, 10 Boynton Beach B Box 310, Boynton Beach, Florida 33425 -0310. Failure to respond may result In deletion of v dor's name from the qual list for the City of Boynton Beach. COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: z z DATE: WE, the undersi ed have de to bid on your No.: 026- 2821- 161JMA or ANNUAL SUPPLY OF S IUM HYDRO: se of the lowing reasons: Specifications too t i.e., ared toward brand or anufacturer only (explain below) Insufficlen time t respond the Invitation to Bid We do not a pr uct or an equivalent Our product h ule would not permit us perform Unable to t specifications Unab to meet bond requiremen ecifications unclear (expla' below) Other (specify below) REM KS: IF YOU ARE NOT SUMMING A BID, PLEASE COMPLETE FORM AND RETURN10 PROCUREMENT SERVICES. 22 BRENNTAG Brenntag Mid-South, Inc. Wednesday, January 07, 2015 City of Boynton Beach RE: CERTIFICATE OF COMPLIANCE FOR ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SOD BID SODA) al~ 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. g hnWarner Safe Re gula tory, Safety, g tory, and Q4aUt Manager STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me this seventh (7th) day of lanuary, 2015 by John Warner, SRQ Manager r NAME OF NOTARY: Stephanie Ubach COMMISION NO: FF159432 COMMISSION EXPIRES: September 11, 2018 � STEPHANIE U9ACH �a o� MYCOMMIS$ION OFF 15943Z �� l+ott �e -0�s0 i f Yrenntag MW- South, Im. Te1. (407) 857.9)10 2S0 Central F loods Pkwy. Toll Free (500) 456-9310 NlandgFt328247601 Fax (4071551.3512 rhdnssery, January 07, 2013 Material Safety Data Shut BRENNTAGAW: NSW Revision Gate: 8134/]2 Page 1 of 5 PRODUCT: SODIUM HYDROXIDE soLUTIpN 4% - 50% 1. Prodt.td and Company Identllcadon P[adaat Identity; SODIUM HYDROXIDE SOLUTION 4%- 50% CherniCal Formula: NaOH (aqueous) Molecular w • t 40 S _ onyms: Caustic Soda 4 -50% Solution, Degussa Caustic IM all grades Brrennta0 M"Outh Inc, Technkal lnkrmadon: 270. 8301222 1405 Hwy 130 W Eam"noy Number: 804. 424-9300 (CHEUTREC) Henderson, KY 42420 Emotoncy Number: 703 -5273887 (international) Z Hazards Identifieadon Emergency Overview Danger! Corrosive - Causes severe bums to eyes and akin. May cause Irroveasible eye damage. Sevesly irritating to the respiratory tract and mucous membnmes. Ilarmful or fatal if Whaled. Harmful ar total if swallowed. Esviremmeatai Henrd — This product is toxie to fish. Keep out of lakes, streams, ponds or other wags INHALATION: Inhalation of this material is irritating to the nose, mouth, mud lungs. It may also cause burns to the ro;ph*my tract that can result in shortness of breath, wheezing choking,, chest pain, and impairment of hmg function. inhalation of high concerkVions can result in permanent lung damage. Repeated inhalation exposure may cause impairment onung funcdon and permanent lung damage. EYE CONTACT: Severe irritation and/or burns can occur. Contact may cause impainneut of vision rind corneal damage. SKIN CONTACT: Egaaure can cause severe irritation am(/or burns characterized by redness, swelling, and scab ibrmation. Prolonged skin exposure may cause destruction of the dermis with impainttent of the skin at site of contact to regenerate. INGESTION: Irritation and/or burns can omr to the entire gastrointestinal tract, including tits stomach end intestines, chmutedzed by nausea, vomldng, diarrhea, abdominal pain, bleeding, and/or tissue ulceration. PRIMARY BOUTE8 OF ENTRY Inhalation and skim contact. I Co►mposidon4n, forma don on Ingredien& CASS chemical Name Percent by Weiot 1310 -73 -2 Sodium hydroxide 4-50 7732 -18 -5 Water s0 —96 FORM DATE 64j2wo BRE ., 13RElyWAG IWID-SOUTH ANC. 250 Central Florida Parkway Orlando, Florida 32824 Phone: 407.857.8390 Fmc: 407.851.3512 CERTIFICATE OF MALYSIS SODIUM HYDROXIDE SOLUTI Caustic Soda's Rayon Grade CUSTOMER: LOT NUMBER sm [ 049429 522094 I SO j 402384 522094 564# E 682663 622094 37120 1 1 497843 022094 38409 1 1407681 522094 BULK 766 522094 DATE PACKAGED: 04/03112 VENDOR: OLIN BA'I CH: ACFX20MOI DATE RECEWED: 04/03112 PARAMETERS ANALYSIS SPECIFICATIONS Assay, % NaOW 50.82 50.0% - 51.5% Speeft €cavity @ 82OF 'S.m 1.511 -1.549 Cola PASS Water White Appearance PASS Clear Liquid, free of particles NaCl, typical' 4 Max 10D Ppm Fe, typ ical* 0.38 Max 2.00 prn 'Values abtalned from vendor Certificate cif Am aT&or Product Technical Deter Analyst: Approved: A r ,ra���caau shen uw In dd rrme Pounus per fidton. 1 21 GbrNgd by the Naft nd "%%" rmmdo n (BAR" tbrgm M lhO ItndW et a nuddrrm Jane bv+db d&*ffQ wafsr d ZO& aW- Dked dfon JirUlli product eo pNSnxr+et d ttre laeabvn n�rlaed bemok Orbni* F1 (WI)OUJISM0 rQgW kwiat C7/ M Re ind. 7A d! ! no�eseay, ,Ty,uaey 07. X415 un , CHvo ALKALI , PRODUCTS Sodium Hydroxide Solution, 50% a Manufacturer's name and address: Supplier's name and address: Olin Corporation — Chlor Alkali Products Otln Canada, ULC dibia Division Olin Chlor Alkali Products CLEVELAND, TN OFFICE MONTREAL, QC OFFICE 490 Stuart Road NE 2020 Univierslly. Sidle 2194 Cleveland, TN 37312 -4918 Montreal, Quebec H3A 2A3 U.S. • (423) 936 -4550 Canada . (5 14) 397-61 00 Product Name: Sodium Hydroxide Solution, 50% CAS #: 1310 -73 -2 Preparstlon date (M10ft 10/02108 MS code. NaOH(5 -E Revision date (WDM: 02/14/201 Synonyms: Caustic soda liquid 50%, Soda lye, Lye, Liquid Caustic, Sodium Hydrate Product Use: Neutralizing agent, industrial cleaner, pulping and bleaching, soap manufacturing Emergency Contacts (24 hr.) FOR INFORMATION REGARDING ON SITE CHEMICAL EMERGENCIES INVOLVING A SPILL OR LEAK. CALL o Canada: 1 - 800 -567 -7455 U.S.: 1 }800- 424 -9300 - CHEMTREC Hazardous Ingredient(s) % (wlw) ACGIH CAS No. A Sod lum Hydroxide 40 -52 2 mg/m (TLV -C) 1310 -73 -2 Frnergency Overview; Odorless, clear, non - volatile liquid. EXTREMELY CORROSIVE1 Causes severe burns on contact_ Can cause blindness, permanent scanting and death. Aerosols can cause lung injury effects maybe delayed. Highly reactive. Can read violently wthwaterand numerous commonly encountered materials, generating enough heat to Ignte nearby combustible materials. Contact with many organic and inorganic chemicals may cause fire or explosion. Reacts with some metals to liberate hydrogen gas, which can form explosive mlxtureswith air. Will not bum. Harmful to aquatic life. Read the entire MSds for a more thorough evaluation of the hazards. ft(ential Hea h Effects: A Routes of exposure: Inhalation. skin contact, eye contact and Ingestion. Pickup Page 1 of I Pickup FedEx Pickup Conn nnatlon- -FsdEx Expres xp fi QW3A42 Country/Locown UMEed States FedEx Express Confirmation no. OWSA42 Company BRENNTAG MIDSOuTH Pickup data 011OWNd Contact name STEPHANIE MACH Totsl no, of packages 1 Address 1 250 CENTRAL FLORIDA Total weight 1 Ibis PKWY Pickup time 11:00am - 6;00pm CRY ORLANDO State Florida ZIP 328247601 Phone no. a00t17a1T27 ext. 214 �CLC—�- � 11161) https:// www. fedex. comf PickupApp /PickupConfirmation.dv ?method= dolnitForPrint 1/8!2015 I EX. C December 28, 2018 BID NAME: "ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA)" BID NO.: 025. 2821- 151JMA 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 pricing_��� �_ 1 No, I do not wish to extend the bid as explained below: /Z BRENNTAG MID -SOUTH s SIGNATj RE � c^ r ffl anclae ( NAME OF REPRESENTATIVE TITLE Please Print I�2 9� 2 to 01 DATE (AREA CODE) TELEPHONE N UMBER &Lba,61 rYl EMAIL ADDRESS America's Gateway to the Gulf Stream