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